The Civil Magistrates Power in Matters of Religion, Answer 20 – Object 19
Anſ. 1.
The Church hath that power in matters alſo of the ſecond Table, ſufficient to attain its ends, offending Members therein, yet none will therefore make Civill coercive power in ſuch matters needleſs. 2. The State as well as Church is injured, by witchcraft, by perjury, by ſchiſm, and other ſins, againſt the firſt Table, and notwithſtanding the Churches power, Eccleſiaſtically to attain her ends, the State muſt have its defenſiue and vindicative power, Politically to attain its ends too, the good of ſafety and peace of the Subjects; and ſo both perfect within their own Spears. 3. When the Church hath gone to her utmoſt extent of power in caſting out Blaſphemers, Seducers, Perjured perſons, Sciſmaticks, &c. yet they may do more hurt in Church and Common-wealth than before, unleſs Civill coercive power help; The Church may attain her ends in an Eccleſiaſtiall way and yet the Civill State not hindred of attaining its ends in a Politicall way, but both polities be reciprocally helpfull to each other; The Civill polity ratifying the Churches caſes, by Civill Laws and puniſhments, the Eccleſiaſticall polity lending help to State and Common-wealth caſes, by declaring the Laws and rules of God, and by reaſonable adminiſtration of Church cenſures upon her delinquent Members.
Conc. 2. That in matters of Religion which are doubtfull, and not ſo directly, plainly and expreſly laid down in the word, Civill Authority, in purer times of the Church, muſt call for the Counſell of the Churches, at leaſt of the Officers of the Churches under their Jurisdiction; who are moſt faithfull and able to give Counſell therein; and they are bound in conſcience to follow what they according to God do clear up to be his mind, in all ſuch matters of weight, about which they do inquire, not alone as that which ſuch a Synod or Aſſembly of Church Officers do determine that way, is for the matter of it according to God, but as it is given in the way of an Ordinance; Namely of the Counſell of a Synod of the Officers and Miniſters of the Churches, whereof they, as regulated Magiſtrates, are Members; Whoſe Counſells unto them are Eccleſiaſtically Authoritative Counſells. And herein alſo Godly Rulers do lick the duſt of the Churches feet, in attending faithfully to the well grounded Counſells of their Paſtors, not alone diſtributively given in their reſpective Churches, but collectively alſo, when joyntly delivered in a Synod. Herein alſo Church power Miniſtreth help to the Common-wealth, Eccleſiaſtically, as the Common-wealth adminiſtreth help to the Churches Civilly, in exerting its Politicall power, in framing Civill Laws anſwerably to their Counſells. Deut. 18. to 13. The Counſell and ſentence of the Prieſt, or Councill and Aſſembly of Prieſts, delivering the mind of God in doubtfull matters, was to be required and followed. Joſhua the chief Magiſtrate muſt ſtand before Eleazar the Prieſt, who ſhould ask Counſell after the Judgement of Urim, and according to his word from the Lord, they were to go out and in, Num. 27. 21. Hence Iehoſhaphat (according to that Law for that end, Deu. 17. 89, 10.) Placeth at Ieruſalem, ſome of the Prieſts and Levites and chief Fathers of Iſrael, to be for the Judgement of the Lord, and for controverſie, not meerly in point of doubtfull actions, as between blood and blood, 2 Cron. 19. 10. But in point of doubtfull rules, according to which Civill decreees and ſentences alſo were to be regulated: cauſes between Law and Commandement, Statutes and Judgements. OnelyOnly that Councill is limited to Gods word, they muſt ſtill warn them, that none Treſpaſs againſt the Lord. True it is, ſomething peculiarly Jewiſh was in this, whence that Law of Capitall puniſhment, to ſuch as preſumptuouſly diſobeyed their ſentence, Deut. 17. 12. But there is ſomething alſo for our learning and inſtruction held forth therein, not alone reſpecting Chriſt our bleſſed Prophet and high Prieſt and Counſellor, Eſay 9. 6. Which Prophet, whoſoever ſhall not hear, ſhall be deſtroyed from his People, Acts 3. 22, 23. But reſpecting the Miniſters of the Churches of the Goſpel, from whom the mind and ſentence of God, in controverſall caſes, is to be ſought by all ſorts, and being found, is to be followed by all ſorts, whence that, by alluſion to the Prieſts under the Law, yet reſpecting the time of the Goſpell, Ezek. 44. 23, 24. And the (id eſt the Prieſts) ſhal teach my People (id eſt Members of Churches, whether Civill Rulers or Subjects) the difference between the clean and unclean, and cauſe men to diſcern between clean and unclean. And in controverſie, they ſhall ſtand in Iudgement, and they ſhall Iudge it (onelyonly with this limitation) According to my Iudgements, where by Judging he intendeth the Eccleſiaſticall Judging, which appertaineth to Church-Officers, and not a Civill and Politicall Judging, which is peculiar to the Civill Magiſtrate, of which more anon.
Conc. 3. That Civill rulers are to call upon the Miniſters of the Churches under their Jurisdiction, to expound the whole Counſell of God to their people, eſpecially about ſuch matters of Religion, or of the Church, as they are by Law to Eſtabliſh. Hence that Act of Iehoſhaphat, ſending abroad the Prieſts and Levites to teach thoſe Cities the mind and Counſell of God, what was according, or repugnant thereunto, before he ſent out Civill Judges. to deal in their Judiciall way with them, concerning matters of that nature, 2 Chron 17. 7, 8, 9. compared with Chapter 19. 4, 5, 6.
Conc. 4. That in all matters of Religion, or of the Church, the Laws which Civill Authority do eſtabliſh, they muſt eſtabliſh them, by, and with the conſent of the people, either in themſelves or their repreſentatives, this ſtrengthning their Politicall Laws, that they bind Scientes & Volentes. As Aſah willing to make a binding Capitall Law about Religion, by his Authority he ſummoneth the people, with whoſe conſent it is made, 2 Chron. 15. 9. He gathered all Judah and Benjamin, &c. and they decreed that, verſ. 13. That whoſoever would not ſeek the Lord ſhould be ſlain. So Jonah 3. 4. Its ſaid, the people believed the Lord and proclaimed a Faſt, but verſ. 7. that buſineſs of the decree for the Faſt, is applied to the King as his Act, by the conſent of the Nobles, or chief heads of the people, and ſo repreſenting the people; by the light and Law of Nature, theſe Pagan Ninevites learned this to be an orderly way of making ſuch like decrees, in ſuch like matters of Religion it ſelf; whence alſo was that courſe taken, in the caſe of a coercive Law to be made, about a buſineſs of Religious worſhip, for the matter of it (allthough in the form of that worſhip to be decreed of, it were deviliſh) It is to be made, by the repreſentative Eſtates of the Perſian Kingdom, which being a Kingdom, was then to be eſtabliſhed by the King. Dan. 6. 7, 8, 9, The rulers of thy Kingdom, the Officers and Governors, the Counſellors and Dukes have conſulted together, to make a decree for the King, and to eſtabliſh a Statute, that whoſoever ſhall ask a petition of any God or man, for thirty dais, ſave of thee, O King, he ſhall be caſt into the Den of Lions. Now O King, confirm the decree, &c. When Iehoſhaphat was to make that Order, about the particular matter of Religion, He conſulteth with the people, 2 Chron. 20. 21. And When he had conſulted with the people, he appointed ſingers unto the Lord, and that ſhould praiſe the beauty of holineſs as they went before the Army, and to ſay, Praiſe ye the Lord, for his mercy indureth for ever. Which may ſerve to take off that offence of ſome, againſt politicall Laws to be made this way: becauſe it will be a forcing of Chriſtian people in matters of Religion, ſince the Laws which are made that way, are virtually and interpretatively made with their own free conſent; As made either by their own free conſent perſonally, if not too great a body to be ordinarily called together in one Aſſembly; or at leaſt, by their own free conſent in their Repreſentatives, where the body of the people eannot ordinarily be called together to debate ſuch matters, or expreſs perſonall conſent to the Laws which Civill Authority do make about matters of Religion or of the Church, which are in themſelves doubtfull, and not meerly made ſo by mens wiles and Satans ſleights; They muſt be made with great latitude, and tender reſpects, to ſuch as are really and truly tender in conſcience, even Politicall …hepheards muſt not over-drive their Flock, and ſuch Lambs would be carried in their armes.
A fourth inſtruction from the Premiſes, if Civill Authority are ſo to reſtrain and puniſh ſuch matters, then are they in their Politicall way to Judge, which things acted by the outward man in caſes of Religion are contrary to the word, and which are not; Elſe ſhall they ſin in a high degree, in cenſuring Politically that as contrary to the word, of which they have no right nor power to determine politically, either one way or other. Job who was a right godly man, Job 1. 1. and a man of chief Civill rule in this Country, as chap. 29. 7. he had a chief place in the Gate in the ſeat of Judgement, verſe 9 even Princes kept ſilence, when he was to ſpeak. He Judicially delivered the Fatherleſſe, verſe 12. Brake the Laws of the wicked, verſe 17. and verſe 25. I choſe out (or as the Geneva Tranſlation hath it, I appointed out) their way, and ſate as a King in an army, as the Generall of the Field hath with his Councill of War, being the higheſt Military power, chief Military Judgement, both what Military Orders to make about the common Souldiery, and what courſes are moſt advantageous, or diſadvantageous to the good of the whole, or what acts of the Souldery are to be puniſhed, or contrariwiſe incouraged, and what particular rewards or puniſhments ſuch or ſuch particular facts of the Souldiery deſerve, in way of ſubordination and conformity unto the Laws of that higher Civil power, whoſe Military Miniſters they are; ſo have higheſt Civill Authority in religious States the like higheſt politicall Judgement, what acts of the outward man, reſpecting Religion are to be incouraged or diſcouraged in their ſubjects, and in what way, and what orders to make for that end, ſo as in way of general conformity, and ſubordination to the Laws of God and Chriſt, whoſe Miniſters they are, and ſo as may be warranted from the Word of God, either expreſly, or by juſt conſequence. Job did not leave every one under his authority to chuſe what way themſelves pleaſed, or judged the beſt, either in matters of Religion, or of Righteouſneſs; but he in his authoritative politicall way determined that for them; he appointed and choſe out their way. Nor doth he mention this as any injuſtice in him, or as any tyrannicall courſe of his, but as one peece of his right guided politicall wiſdom, juſtice, and power, as the context ſheweth; and this courſe he took is recorded in his commendations, and as his comfort in his very trouble, before Moſes his Judiciall or Ceremoniall Lawes were made; for after them that ſacrifiſing ſo approved of by God, chap. 42. had been unlawfull to be performed by ſuch as Job was, who was not under that religious State, and Church polity of the Jews, Levit. 17. 8, 9. It was a capitall offence for any Jew or ſtranger among them to offer ſacrifice unleſs he brought it unto the door of the Tabernacle. See more in the Notes of Junius and Tremellius upon the firſt of Job.
But for the further clearing of this from all gainſaying of others, let us firſt lay down ſome diſtinctions, and then the concluſion reſpecting this.
1. Then there is the divine Rule of Judging, which is the Scripture; the Judge of all Controverſies; and the act of Judging, what is, or what is not according to the Word. Herein quaeritur who is Judge.
2. There is an abſolute, ſupreme, praetorian, and infallible Judge thereof, which is no other but Jeſus Chriſt, and his Spirit ſpeaking in the Word, and there is a viſible, limited, ſubordinate, and Miniſteriall Judge, what is, or what is not according to the Word; of which quaeritur who is Judge.
3. There is a more private Judging thereof, whether apprehenſive, diſcretive, directive, or corrective, proper to each particular Chriſtian, in reſpect to his own particular actions, and of which there is a publique judgement of what is, or what is not according to the Word; of which quaeritur.
4. There is an Eccleſiaſticall, and there is a Politicall, or Civill judging of what is, or is not according to the Word. Eccleſiaſticall judging is either by virtue of Office, defining Eccleſiaſtically what is the counſell of God, as is that of Church Elders; or by virtue of Eccleſiaſticall deputation, and deſignation, as that of the Synod and members of it, or by virtue of Eccleſiaſticall union and communion, as that of the Church colectively, and the members diſtributively conſidered, 1. Cor. 10. 15. I ſpeak as to wiſe men. Judge ye, the preſent quaere is of political Iudging alſo.
5. Politicall Iudging in ſuch matters, is either that which is in the politicall Law-makers, whether in any ſtated, ſtanding, higher Civill Office, or otherwiſe, as in Parliamentary and Generall Courts or the like, or that which is in higher Civill Officers in a ſtate, we look at both.
6. Authoritative politicall Iudgement, is either Definitive, Authoritatively ſtating in a politicall way, what is or is not to be acted by the outward man, in weightier matters of a religious State-concernment, whether of firſt or ſecond Table, or preceptive injoyning thoſe politicall determinations, with reſpect to Civill incouragements, or puniſhments; Both which acts of politicall Iudging are appliable to State-lawmakers; onelyonly de Iure, they are limeted to the ſole rule of Iudging; even the whole Scripture.
7. There is a Iudging what is true or falſe, to be believed, or not, ſimply, as teaching and binding conſcience with reference to Spirituall and Eternall rewards: Which is the Miniſters buſineſs officially, and each Chriſtians work privatly and perſonally, and is not the Magiſtrates work, as a Magiſtrate. There is a Judging what is to be profeſſedly believed, and maintained, as true or falſe, with reference to Civill rewards, or puniſhments; And thus the Civill Magiſtrate Judges.
8. There is a Judging what is or not to be done by ſoul and body, both in reference to inward ſence, and Divine Approbation or rejection; Officially the Miniſters work, in a private directive and diſcretive way, each Chriſtians duty; There is a Iudging what is or not to be acted or expreſſed by the outward man, with reference to Civill rewards or puniſhments proper to Magiſtrates.
9. There is a Judgement what is or is not a Chriſtians duty, either onelyonly as Godly, or onelyonly as a Church member, diverſly appliable to Churches, Church-elders and private Chriſtians, and there is a Judging what is or is not the duty of a Member of a Chriſtian State, as a member of that politicall ſociety, to be ordered or curbed thereby: Appliable to the Civill Magiſtrate.
Conc. 6. That regulateed Civill Magiſtrates and higher powers have not alone a Judgement in Common with other Chriſtians and Members of Churches conſidered as Chriſtians and Church members, what is, or is not according to the Word, but as Civill higher powers. Magiſtrates alſo have a publique politicall Judgement, both Definitive and Preceptive, what is, or is not to be acted or expreſſed by the outward man of each particular perſon whatſoever coming under their juriſdiction: as thoſe perſons are politically ſubjected to that Civill ſtate, and as thoſe their acts reflect upon the body politique.
This caution here annexed, that in all matters of difficulty reſpecting Religion, higher Civill powers be not too ſudden in determining the ſame, without the beſt counſell firſt had therein, of thoſe who are over them in the Lord (according to the ſecond Concluſion before mentioned, pag 67.) ever remembring that regulated Civill Magiſtrates may not politically determine that to be according to the Word, in the letter or conſequence of it, which is not Scripture proof, Joſh. 1. 7.
The Concluſion thus ſtated, and cautioned, I doubt not will ſtand as Scripture proof, againſt all objections to the contrary.
R. 1. Becauſe as much is yeelded in effect, even by oppoſers of Magiſtraticall Judging, as,
1. That they may make incouraging Laws in matters of God, and of the Church; ſurely then they may ſo far determine of the matters of God, and the Church, which they are, that they are to be incouraged as ſuch matters of God, or of his Church, and what incouragements are due to the ſame: And ſurely then they are to be equall Judges in the other part of diſtributive Juſtice, reſpecting matters of God, or of the Church; which fall under vindicative juſtice, as Rom. 3. 3, 4. proveth. The ſame Rulers are in a Civill way to be a terror to evill works, which are in a like way to give praiſe to ſuch as doe well.
2. Its yeelded in matters fundamentall, and ſuch as are ſet down in ſo many words in Scripture; and why not as well to judge in other matters ſet down by clear and neceſſary conſequence, as are many weighty matters, reducible to the four Commandements of the firſt Table, of which the Civil Magiſtrate is a keeper, and had need be allowed his politicall Judgement, what is, or what is not his politicall charge which he is to keeep.
3. It is yeelded in matters of the ſecond Table, yet that Table alſo is as well a part of Scripture, and therefore all the duties expreſly or conſequently therein commanded, and the prohibition of the ſins in like ſort forbidden in thoſe ſix Commandements, are ſo far forth Scripture as they are reducible to Scripture, or to any Morall part of it. He is then a politicall Judge of that which is, or which is not according to the Word in the latter, and why not upon like grounds in the former; both being equall in this, that they are both Gods Tables, Mat. 22. 38, 39. the ſecond is like to this, ſaith Chriſt: As Gods Tables they are the Magiſtrates charge from God.
R. 2. Becauſe ſuppoſing Churches in their Meſſengers, met in an aſſembly to debate of matters of Religion, and in particular of the matters of the Church, and the Civill Magiſtrate after their debates and determinations thereof, as according to the Word, be deſired to eſtabliſh their Determinations for Laws, now muſt the Civill regulate Magiſtrate either examine, and cenſure ſuch Concluſions of the Synod, whether they are, or are not Scripture proof, before he doe politically eſtabliſh them for Laws, and ſo he is a politicall Judge, what is, or what is not according to the Word; or he is not at all to meddle thus to try and judge of ſuch Decrees, whether according to the Word or not, but to eſtabliſh them at random, and at a peradventure, upon a bare ſuppoſall of the Synods fidelity, which is to eſtabliſh implicite faith, and to make the Civill Magiſtrate, according to Popiſh doctrine, a ſervant to Councils, which would make Princes have no light, but as the Moon, what they borrow from the Sun, either of their repreſentative Church, or of the Catholick Church of Rome, or of the Head thereof, the Pope; yea this were to deny to the regulated, and ſo to the godly Magiſtrate in his publique way, what is recorded as a commended duty in private Chriſtians, and what is plainly commanded them of God in their private way, namely, to try all things, and to hold faſt that which is good, 1 Theſ. 5. 21. yea though delivered by ſuch a one as Paul an Apoſtle, yet to ſearch the Scriptures dayly, whether thoſe things were ſo, Acts 17. 11, 12.
Yea, but it may be the Civill Magiſtrate will judge that the Decrees are not according to the Word, when indeed they are, and proceed to puniſh ſuch as had a hand even in ſuch Concluſions, becauſe he judgeth them croſs to the Word.
Anſ. 1. The regulate Magiſtrate (of whom we ſpeak) who ſtudieth the Word day and night, is godly, wiſe, &c. hath Gods warrant for it, as poſſible and ordinary to him, as ſubject and faithful to the Head; that a divine ſentence is in the Kings lips, his mouth Deut. 17. Pſal. 2. Pro. 16. 10tranſgreſſeth not in judgement, and that Princes ſhall rule in judgement, Eſay 32. 1.
2. If tranſgreſſing his Rules, and leaving his Guides and Counſellors, God, his Spirit, Word, and Servants, he will follow a corrupt and miſguided judgement, or will of his own or others, he lyeth open, as to divine judgments, ſo to humane cenſures allſo, whether from the body of the Commonwealth, orderly aſſembled, or repreſented, or the like; and in caſe of obſtinate perſiſting in any ſuch publique and palpable breaches of the Lords Rules, the particular Churches, whereof either ſuch higheſt, or inferiour Magiſtrates are, they have their Church way of cenſuring, and healing ſuch offending brethren of theirs.
R. 3. If the Magiſtrate as a publique politicall Nurſe-father to the Church be to reſcue the Church from noyſom milk provided for the Church of Beleevers, by ſuch as ſhould be Nurſes, yea though met in a Synod, and decreeing it to be the Word, then is he politically to judge what is, or what is not according to the Word; yea in caſe wherein others judge the contrary; but the former is true (as Iſ. 49. 22. ſheweth) ergo, the latter. The conſequence, if to reſcue from ſuch food, then to judge of it, is evident; for if he may not, or cannot judge it to be corrupt food, how can he reſcue the Church from ſuch food as is corrupt?
R. 4. If the Magiſtrate as the publique keeper of the peace of the Commonwealth (as all grant him to be) is to puniſh the diſturbers of it, when ſome pretending groſſer errors in the contrary party, do carry it ſchiſmatically; then is he to be politicall Judge in matters of Religion; as ſay in Chriſtian Commonwealths, Aſſemblies, or Synods, there ſhould be rents amongſt thoſe they call Independents, among themſelves, or thoſe they call Presbyterians, amongſt themſelves, differing upon ſome points amongſt themſelves, and both ſides violently carryed in their apprehenſions, and both ſides pleading Scriptures, both for what they hold, and for what they doe thus violently in purſuit of what they hold; the Magiſtrate now, o none, muſt be a politicall Judge and helpleſs, like careleſs Gallio, when even inſurrections are made, amongſt the Religious party, (as were the Iews) upon pretence of falſe doctrine held forth, in matters of divine worſhip, by an adverſe party (as was Paul and his companions) the Civill Magiſtrate muſt think it reaſon, to Iudge onelyonly in matters of injuries twixt man and man, or the like, but by no means to be a Judge in any ſuch matters of the worſhip of God (For I will be (ſaith Gallio) no Iudge of ſuch matters, Acts 18. 13, 14, 15, 16, 17.) But who ſeeth not that this is recorded as a blemiſh in that careleſs deputy of Achaia?
Yea but the Churches may call their reſpective Members or Officers to an account for ſuch outrages, and as cauſe is, cenſure them.
Anſ. Its poſſible the ſchiſm and Rent may be ſuch, that the Major part of the Church or Churches may be the corrupter part, and the Minor part too weak to carry it in a Church-way againſt them. Bue if the Churches had ſtrength to carry it againſt the reſpective delinquent Members, yet the Churches Iudgement is onelyonly Eccleſiaſticall, and the means of proſecution of its Iudgement, onelyonly Eccleſiaſticall, the Church cannot Iudge Civilly, or uſe Civill and politicall means to proſecute ſuch a Iudgement to effect, and ſo cannot heal breaches of the Civill peace, made by ſuch outrages.
Yea, but the Magiſtrate ſhould call the ſincerer part to meet again though the Minor part.
Anſ. If he do, yet he muſt be ſuppoſed to Judge which is the ſincerer part, how elſe knoweth he whom he ſhould call together, as the ſincerer part? and if he politically Judge, and act Magiſtratically from his politicall Judgement, in calling that ſincerer part together, and the Magiſtrate ſiding with the Minor part, as politically Judging them the ſincerer part, and politically condemning the erring part, although the Major part▪ and although pleading Scripture alſo, both for what they hold and do in violent proſecution thereof; Now the Civill Magiſtrate doth both politically Judge what doctrines and practices are, or are not according to the word of God, yea, he herein doth politically Iudge the uſuall and ordinary Eccleſiaſticall Iudge, either in a Church or Synod; Namely the Major part.
5. R. If the Civill Magiſtrate be to puniſh tranſgreſſors of the Law, indefinitely, and to take vengeance upon open evill doers, then even upon erring Synods alſo, for any hereticall decrees of theirs tending to hurt the State, or diſturb the Chriſtian ſocieties under his charge: and if ſo, then he is in a politicall way to Iudge in matters of Chriſt and of his Church; But the former is true, Ergo the latter.
But is not this to make the Civill Magiſtrate a Pope?
Anſ. No, he is by duty tyed to his rule, the word, and to Iudge according to that.
Yea, but he may erre, and the Synod be in the right.
Anſ. He may ſo, and ſo may Ecumenicall Synods erre, yet many make them the higheſt Eccleſiaſticall Iudge; ſo here, poſſibility of erring hinders not, but that the Civill Magiſtrate, and higheſt Civil Authority in a State, or Commonwealth, ſhould be the higheſt politicall Iudge. For ſtandum eſt in aliquo primo, If erring Churches ſhould Eccleſiaſtically cenſure godly Rulers, for righteous politicall Iudging or cenſures, there is no higher Church, Court, or Iuridicall Iudge; If erring Rulers and higheſt Civill Courts, politically cenſure the Churches met in their meſſengers in a Synod, for their Godly determinations there; or if they cenſure particular Churches for any righteons cenſures of offending members at home, there is no higher Court or Iudge than the higheſt in that kind.
Object.
The ſame power that maketh Church Canons, muſt define them, and Iudge of them: The Synod, not the Civill Magiſtrate maketh Church Canons, Ergo the Synod, not the Magiſtrate muſt define and Iudge of them.
Anſ.
If this whole argument were granted, Yet this hinders not, but that the Civill Magiſtrate may both make Laws about the Church, and Church matters, in a politicall way, and in the like way Iudge of ſuch matters, albeit he may make no Laws Formally Eccleſiaſticall; Nor is his Magiſtraticall Iudgement, as ſuch, an Eccleſiaſticall Iudgement.
So that this rather confirmeth the concluſion in hand, thus,
Such as may make politicall Laws about Religion or the Church, they may politically alſo define and Iudge of matters reſpecting the ſame; but the Civill Magiſtrate and higher Civill powers may do the former (as hath been proved) Ergo they may do the latter.
Object.
He may (ſay ſome) deny his Civill Sanction, to the Synods erring Canons; albeit he make no penall Laws that way.
Anſ.
Even this alſo ſuffiſeth to make him politicall determiminer and Iudge in ſuch matters, yea to make him politicall Iudge of ſuch, which dogmatically are the higheſt Eccleſiaſticall Iudges, ſurely he muſt Iudge the Synods Canons to be erring, if he be allowed to deny his Civill Sanction to them, as erring.
Object.
But the regulated Civill Magiſtrate being by duty a Member of the Church, he hath covenanted ſubjection to the Church, and to the Elders of it, Ergo he is bound to own their determinations of things in controverſie, according to the word, elſe as an offending Brother, is he liable to be dealt with in a Church-way.