The Temple Measured, Part 9
Concerning the extent of Magiſtratical or Princely Power in making of Laws, or Power of Iuriſdiction in the CHURCH.
MAgiſtrates have power to declare the expreſs Laws of Chriſt with Authority,Pro. 1. and alſo the implicite Laws of Chriſt though not expreſſed. 1. This is requiſite to the perfection of Magiſtracy, otherwiſe it hath not compleat power to procure its ends. Somtimes there is need of preſent action; ſomtimes the Churches do degenerate, the Ship may periſh while the Mariners are conſulting. 2. Magiſtrates have coactive power over ſuch as are not Members, to compel them to the outward acts of Religion, why not over Members and Churches in like maner? 3. Magiſtrates have Spiritual power enough,Iſa. 49. as it hath been demonſtrated. 4. The Church is ſubordinate to Magiſtrates, they owe but fatherly reſpect to the Church in Magiſtratical acts. 5. The Magiſtrates in Iſrael were acknowledged to have ſuch power, and ſo to be protectors of Religion and Piety, as well as of Civility. The Prieſts and Levites were ſubject to the Kings, Solomon could deprive Abiathar of the Prieſthood. Magiſtrates therefore may circumſtantiate Church-meetings, Lectures, command Faſting days,2 Chron. 19.11. & 24.6. & 29. & 30, & 31. and Thankſgiving days, Synods, Councels, &c. they ought to maintain their fatherly relation, at leaſt, their fatherly relation beſpeaks this power. The Kings of Iſrael took care for the ordering of all things in the houſe of God, diſpoſing of the Ark while it abode in Tents, commanded Feaſts and Faſts, and the Prieſts and Levites were very ſubordinate,Magiſtrates power is directive Spiritually, not Eccleſiaſtically. even in acts of their office.
Obj. Magiſtrates have a directive power in Churches externally, though not intrinſceally: The policy of Iſrael was mixt; this may be objected.
Anſ. Their Eccleſiaſtical power was diſtinguiſhed from the Magiſtratical, the Prieſts and Levites had their proper acts both in reſpect of order and Juriſdiction alſo. 2. What the Kings of Iſrael could do as Magiſtrates in Iſrael, that is permitted now in Magiſtrates by the Laws of Chriſt. Extraordinary Magiſtrates, ſuch as Moſes and David, could indeed do many things which were proper to Eccleſiaſtical power, they were great Prophets: But the ordinary power of the King, or the Prince, or of the Prieſt, was then diſtinguiſhed, as now the power of the Magiſtrate and of the Church. Vot estis in Eccleſia, ego extra-Eccleſiam, Epiſcopus: So Conſtantine.Pro. 2.
Magiſtrates are to allow the Church of Chriſt to circumſtantiate its own archnatural mediums and circumſtances, in reſpect of decency and order within its ſelf. 1. The Church beſt knows what is expedient, and therefore is moſt fit. Eccleſiaſtical diſputes are not ſo proper to the cognizance of Magiſtrates. 2. It is neceſſary for the ſubſiſtance of Churches to have ſuch power. 3. The Apoſtles exerciſed this power, Acts 15. and declared this power to the Corinth, 1.14. 4. Magiſtrates are ſubordinate to the Churches, in reſpect of all Church power. 5. The Church is an honorable and independent ſociety under the Lord Chriſt, is Priviledges are purchaſed by the blood of Chriſt. 6. Magiſtrates are to conſult and give counſel with and to the Church in acts of another nature, before they command. Hezekiah was a Royal preſident to Magiſtrates in this point, 2 Chron. 30.Rom. 14.1. What Bilſon ſaith ſerves this purpoſe, Commiſſio eſt à Chriſto, permiſſio à Magiſtratis. Magiſtradies muſt tolerate ſome things which the Church may not, & the Church muſt tolerate that which Magiſtrates may not. Non curat Lex de minimis.Magiſtrates may not make unlimited Laws touching things good in their general nature, becauſe ſuch things may be unexpedient in circumſtances. That which Gods Law doth abſolutely prohibite, is alwayes evil in its particular nature. The matter of Gods Law ought to be the compaſſe of mens Law. Magiſtratus non eſt dominus, ſed author legis. Suarez defines a Law to be commune praceptum, juſtum & ſufficientur promulgatum. There may be ſomtimes Cauſa paenae ubi non eſt culpa, in the civil State: In things indifferent (as when one thing compared with another, is no better then another) a Law may alter the caſe, yet Magiſtrates ought to provide for the majeſty and efficacy of Laws by the paucity and neceſſity of them, and even in matters indifferent, Ratio legis is neceſſary, as well as voluntas Legiſtatoris: Magiſtrates muſt puniſh an offence, as reflecting upon the Civil State, when they might tolerate it as an offence to the Church.
Queſt. What if Magiſtrates take too much upon them?
Anſ. They are to be obeyed paſſively. 2. There muſt be a forbearance in reſpect of acting, until due means of information be uſed. 3. After due means of information, there muſt not be indulgence of preſumptions, which do either waſt or weaken the Ordinances of God. Tu ne cede malis, &c. Naboth in poverty might ſell and diſtract his Vineyard, but not to humor Ahab. Daniel for many natural cauſes might have ceaſed (for ſome time) from his Solemn Prayers, but not for Darius his voluntary and wilful Edict. David in a caſe of neceſſity, may eat of the Shewbread, which had been unlawful to have done upon the preſumptious command of a Magiſtrate.