Touching the Subject of Supremacy in Causes Ecclesiastical, Text
Touching the ſubject of SVPREMACY IN Cauſes Eccleſiaſtical.
Diatriba quaedam
Oxonienſis cujuſdam.
Tending to Peace and Setling.
BY Shewing how the Powers Civil and Eccleſiaſtical may act in their own Sphaeres without incroachment on one another.
2 COR. 13.8.
We can de nothing againſt the truth, but for the truth.
1 THES. 5.21.
Prove all things; hold faſt that which is good.
Imprimatur
July 12. 1647. JOHN DOWNAME.
Printed by J.F. for Philemon Stephens. 1647.
QUESTION. Where the Supremacy of Eccleſiaſtical Juriſdiction lieth?
ANSWER.
1. IT is apparent out of Scripture, That Spiritual Cenſures, as well as Preaching and Sacraments, &c. are an Ordinance of God, inſtituted for the edification and falvation of the diſciples and followers of Jeſus Chriſt, Mat. 16.19. Joh. 20.23. 1 Cor. 5.3, 4, 5, 13. 2 Theſſ. 3.6, 14. 1 Tim. 1.19, 20.
2. It is apparent, That theſe Cenſures are formally to be adminiſtred only by Church. Officers, appointed thereto by Jeſus Chriſt. As the Magiſtrate may not (a)2 Chro. 26.18, 19, 20.Preach, adminiſter the Sacraments, &c. ſo may he not execute Spiritual Cenſures; the Keys of the Kingdom of Heaven were not given to State but Church-Officers, Mat. 16.19. Joh. 20.23.
3. As none can Excommunicate, ſo none can Abſolve formally, but the Officer that Excommunicateth; he only that bindes can looſe: So that in this reſpect the Supremacy of Power in Spiritual Cauſes may be ſaid to lie in the Church-Officers, becauſe none can formally undo what they have done.
4. But now we are to obſerve a true and uſeful diſtinction of a Church in regard of Circumſtances. There 1. (b)Merton of the Church, cap. 8. & 9.are private Churches, ſuch are thoſe who exerciſe their communion only in private or ſecretly, as it falls out in places where the Civil Authority doth not countenance, but oppoſe and perſecute true Religion. Thus it was in the Apoſtles times, when the Emperors and chief Governors of States were heatheniſh; and thus it is now where the Civil Magiſtrate is heatheniſh or Antichriſtian, and would not allow, but ſeeks to exterminate true Religion. 2. There are publique Churches, when thoſe that profeſs tru… Religion may and (with the leave, countenance and protection of the State) do exerciſe their Church-communion openly in places allowed, and with other incouragements indulged by the Magiſtrate.
5. Where men are forced to hold their communion in private, and ſo have only private Churches: There they practice Religion at their own peril, which they chooſe to do, to obey God rather then men, and there the Eccleſiaſtical Power is ſupreme in man… of Cenſure, there being no other Power to challenge any thing about it, but what ſeeks not the regulating but the eradication of the true Church and Church-power. But publique Churches may none ſet up in any State without the leave of the Magiſtrate, whoſe Office it is to protect, and ſo muſt have power to judge what Aſſemblies are good, and to be protected, and what not: for be ought to act in his place rationally, not brutiſhly, and in reference to theſe publique Churches we muſt diſtinguiſh or obſerve,
6 That the Power about Church matters may be conſidered two ways; 1. Either primarily and formally, as it is conſiderable abſolutely in it ſelf; … secondarily, as it is to be acted in a publique Church, authorized and protected by the Civil Magiſtrate of the place or Nation where it is exerciſed: In the former ſence the Church Officer is ſubordinace to none but to Jeſus Chriſt; but in the latter ſence there's a Supremacy in the Civil Magiſtrate, and to him the Church-Officer is Subordinate: For conſider,
7. As it is the duty of the Civil Magiſtrate to … tect and countenance true Religion (it being the improvement of his Talent, and he is to ſerve God with all his might) ſo it is his Priviledge, and indeed Duty too, to do it in an intelligent way, that is, by judging of that Religion which is held forth to be protected, whether it be the right or no: For his duty to protect Religion, ingageth him not to protect any but the true Religion only, which he is firſt to diſcern, and then to countenance.
8. As ſome Religions are more groſly falſe, ſo ſome parts of a Religion, which for the general is good, may be corrupt or abuſed: In which caſe a Magiſtrate is to provide caution againſt corruption and abuſe, as well as inhibite Religions groſly falſe. As now for that part of Chriſtian Religion, Church-Cenſures, as the Civil Magiſtrate is to ſee, that Cenſures, as well as Word and Sacraments, be diſpenſed: ſo likewiſe is he to take care. That they be not abuſed beyond their intention, either to Spiritual prejudice, by too much rigor or connivance, or to ſerve the wills and humors of men in acting private ſpleen. He may therefore ſet certain Rules to be obſerved in the exerciſe of theſe Cenſures; or appoint certain perſons to overfee the carriage of thoſe Cenſures, or to receive the Appeals or Complaints of ſuch as ſhall conceive themſelves unjuſtly proceeded againſt: And thoſe that will not accept the exerciſe of their Miniſtery with thoſe cautions, he may chooſe whether he will afford them ſufferance or protection in publique. And for ſuch Cenſures as are paſt in Eccleſiaſtical Judicatures, contrary to ſuch preſcribed Rules and Cautions, though he cannot make them Null or void, becauſe he hath not any formal Eccleſiaſtical power to abſolve or binde; yet he may require the revoking of them upon pain of forfeiting his countenance, or toleration in publique maner, or places to execute Church functions: And not to obey either in revoking the ſentence, or relinquiſhing the uſe of publique Church-functions, is to affront Magiſtracy, and to be guilty of Faction or Sedition; and the reaſon is plain: As the Magiſtrate is to protect Religion, ſo only that which is good, and ſo far as it is good, and of that (ſo far as concerns the exerciſe of his own power) he is to be Judge: If he judge amiſs, the fault is his to be anſwered to God; but we cannot hold what is in the Magiſtrates power to grant or deny, viZ. Exerciſe of our Religion in publique againſt his leave, without uſurpation on him, and faction againſt him.
9. There's a twofold obligation, 1. Mortal. 2. Legal, the one in foro dei, the other in foro humano. When the Church-Officer doth his Office aright, and yet obſerve not the cautions preſcribed by the Magiſtrate: The Magiſtrate is bound to ratifie, and not to ſeek to revoke what is done, morally, but not legally, in the court of Heven, but not in foro humane; that is, the thing being good, there's a real internal bond upon him to ratifie it, and he cannot neglect it without ſin againſt God: But he is not formally or externally bound in reference to men, and therefore in that reſpect he is free to act, with or againſt; and the Church-Officer is bound to ſubmit to the Magiſtrate, not the Magiſtrate to the Church-Officer.
10. There's a great deal of difference between thoſe things which a Magiſtrate doth by way of uſurpation, beyond the limits of his power, and thoſe which he doth by corruption, abuſing his power; that is, in things wherein he hath juſt power, if he did obſerve the rules ſet him of God: in things wherein he hath no power, his commands are Null; a Chriſtian ſtands not obliged, but where he hath power, but doth abuſe it, there a Chriſtian is to ſubmit himſelf by doing or ſuffering, and ſuffering either the loſs of ſuch priviledges, as are in the Magiſtrates power to indulge or deny; or undergoing ſuch pain as the Magiſtrate ſhall inflict.
11. The Church-Officer muſt in this be ſubject and ſubordinate to the Magiſtrate, or the Magiſtrate to the Church-Officers, or elſe there muſt be two ſupremacies acting in the ſame Kingdom. To make the Magiſtrate ſubordinate to the Church-officers, to confirm and act what they decree, is to uſurpe upon him and debaſe him; for though the Church be the more excellent ſociety, or men be under a more excellent notion as Chriſtians, and Church-Members, then as men and members of a Commonwealth; yet in the world that power which is worldly hath the preheminence, and the other being a ſtranger, needs the protection of this, and in that reſpect muſt yield precedency. Two diſtinct ſupremacies in one Kingdom, cannot be with out claſhing & confuſion, & continual occaſion of broils, Defenſor Pacis, par. 1. cap 17.as Marſilius Patavinus hath proved againſt the Papiſts, and God is the God of peace, not of confuſion; and therefore in the aforeſaid external reſpect, the Church is ſubordinate to the State, and the Church-Officer to the Magiſtrate.
12. Hence it will follow, that the Civil Magiſtrate where there is danger of abuſe, may admit a Church Government, though Jure divino, with ſuch cautions and Limitations, as may be needful to prevent the abuſe of it, either to the Spiritual, or Civil grievance of the people, and may deny publique liberty to thoſe that refuſe to ſubmit to their cautions: OnelyOnly (ſith the Magiſtrate, is reſponſible to God, though not to the Church; and its no ſmall offence to interrupt the free lawful uſe of any Ordinance) great care muſt be had by the Magiſtrate, that his cautions hinder not any needful uſe, but only reſtrain … abuſe of Church-power; and therefore the … ſure of this limiting Church-power, ſhould not be taken from State-intereſt, but that which is Suprem… Lex, ſalus populi. And thus Presbytery may be ſo ſettled, that thoſe ſcarcrows of inconveniences from the tyranny of it, fomented and blown up by the envious enemies of it, may c…nvincingly appear to be but ſcarcrows indeed; and Presbytery may without fear be cheerfully and with profit imbrac'd.
READER,
PErceiving not onelyonly deep jealouſie, but mutual and … of incroachments between the powers Civil and Eccl…ſiaſtical, whereby the ſetling of the Church, and ſo of the State hath been much retarded, I thought it the duty of every good patriot and lover of … …o c…nttibute what they conceive may have any verture to care this bleading wound; And upon mature deliberation it ſeemed to me, that by a right …ating of the queſtion, the rights of both eſtates might be ſo a…e…ted, … that the power of the Church-Officers in its kinde, may be f…ll… … to reſide in them; and yet power of juſt proviſions, be lef… to the Magiſtrate, to prevent the abuſe of Eccleſiaſtical power, by any corrupt p… ciples or affection in the miniſters of it, which power the Eccl… … may and ought to allow to the Civil Magiſtrate, it being no incr… ment on the power Eccleſiaſtique, but a cautious bounding the exerciſe of it, in that publique way, in which he cannot act without the countenance, protection, or at leaſt the leave of the Civil Magi… This exerciſe I ſubmit to the (c)1 Cor. 14.32.judgement of the godly learned, deſiring that ſo far as upon trial it ſhall be found conſonant to truth, and conducible to peace and mutual concurrence between the two powers, it may be imbraced; or if otherwiſe, yet that it may … ſome other of deeper judgement, to hold out a more excellent way of through ſetling the ſtate of the Church, by removing that unhappy …, jealouſie of incroachment, between the two powers.
foreign
FINIS.
End of the text · John Geree, Touching the Subject of Supremacy in Causes Ecclesiastical (1647)