The Divine Right of Church Government and Excommunication, Religious polemic · Chapter 24

The Divine Right of Church Government and Excommunication · Religious polemic · Chapter 24

p. 537CHAP. XXIV.

Queſt. 20.

Of the reprocation of the ſubordination of the Civill and Eccleſiaſticall powers to each, and their ſupremacie and independencie each from other.

FOr the clearing of the queſtion, I humbly offer theſe conſiderations to the Reader.

1. There is ſubordination of the power, and a ſubordination of the perſon indued with the power, here to be conſidered.

2. So is there a ſupremacy of power, and a ſupremacy of the perſon.

3. There is a foure fold judgement here conſiderable; 1. The firſt is apprehenſive (apprehenſivum) and common to both Magiſtrate, p. 538Chriſtian, Paſtor, and all which muſt be given to all to whom we can aſcribe conſcience. 2. (Diſcretivum) the knowledge of diſcretion, the connaturall guide and principle of every mans beliefe and obedience. 3. (Definiti…um) of thoſe that are in Authority, and do command in the Lord. 4. Peremptorium et infallibile, the ſupream judgement of the King of the Church, who cannot erre. The firſt is common to all, Rom. 15. The ſecond proper to Chriſtians, and is a judgement of faith, 1 Theſſ. 5. 2. 1 Ioh. 4. 1. and it muſt be builded on the firſt. The third is the Authoritative judgement of the Church, Act. 15. 28. Mat. 18. 17. and of judges, and it muſt be ſwayed by the ſecond, both in the commander and the commanded. The fourth is Ieſus Chriſts only, Rom. 14. 4. 1 Cor. 4. 5.

4. It is one thing, that the power of the Miniſters be ſubject to the Not any power or office ſubject to any, but to God immediately, ſubjection is properly of perſons.Magiſtrate as the Magiſtrate, and another thing that the perſons of the Miniſters ſhould be ſubject: Not any office at all in their power, ſeems to me to be ſubordinate to either Magiſtrate or Miniſter; becauſe all Lawfull power, and Lawfull and profitable offices, and Arts, in abſtracto are from God, ſome of them immediately; As the the gift of propheſying, healing, ſpeaking with tongues, working of miracles, and the offices of Apoſtle, Evangeliſt, Paſtor, and Teacher, Ephe. 4. 11. thoſe be foreign, gif…s and graces above Nature, that God without the interveening of human reaſon, hath deviſed for a ſupernaturall end, the edifying of his body the Church; mens will and reaſon may interveen in the deſignation of perſons to ſome of thoſe offices, as that Iohn, Thomas, qualified as 1 Tim. 3. be Paſtors, or teachers. But if we ſpeak of the power of the Miniſtery, in abſtracto, without connotation of the perſons in concerto, then the power, or the office it ſelfe is not ſubordinate to the Miniſters of the Goſpel as Miniſters; far leſſe to the Magiſtrate as the Magiſtrate, becauſe it dependeth upon none on earth, Miniſter or Magiſtrate; but the only good pleaſure of him, who when he aſcended to heaven, gave gifts unto men, that there is ſuch an office as Miniſter, Paſtor or teacher; And the Church cannot create a new office of a Prelate; becauſe of its nature it tendeth to a ſupernaturall end, the governing of Chriſts body, in a way to life eternall, purchaſed by Chriſt: Now the queſtion in this ſenſe, whether the power of the Miniſtery be ſubordinate to the Magiſtrate in its conſtitution, it is alike in its ſubordination to Magiſtrate and Miniſter; certain it is p. 539ſubordinate to neither. Other lawfull and profitable offices and Arts are from God, mediately, poſſibly by the intervening acts of rationall nature, though Magiſtracy be from God, Rom. 13. 1. yet it would ſeeme, God by the naturall reaſon of men, might deviſe and conſtitute the very office of Magiſtracy in abſtracto, and the Art of ſayling, painting, &c. yet is there no ſubjection of power to power here, by way of dominion: Hence the queſtion muſt be of the ſubordination of the power, quoad exercitium, whether Miniſters in the exerciſing of their Miniſteriall calling be ſubordinate to the Magiſtrate as the Magiſtrate?

5. Diſt. A judge is one thing, and a juſt judge another thing, ſo here are we to diſtinguiſh between a Magiſtrate, and a Chriſtian Magiſtrate. As 1. a husband is one thing, and a Christian husband another thing, a Captaine is one thing, and a Chriſtian, and a beleeving Centurion or Captain, ſuch as Cornelius, Acts 10. is another; a Phyſitian is one thing, and a gracious Phyſitian is another thing; ſure a heathen Husband hath the ſame jus Maritale, the ſame Huſband power in regard of Marriage union, that a Chriſtian and beleeving Husband hath. 2. A Magiſtrate and a Chriſtian Magiſtrate may be one and the ſame Magiſtrate, with one and the ſame Magiſtraticall power, as being firſt heathen Magiſtrate, as Sergius Paulus, Act. 13. 7, 12. and there after converted to the faith. Paulus A Magiſtrate and a Chriſtian different.was no leſſe a civill Deputie, when Heathen then when Chriſtian, and not more a Deputy as touching the eſſence of a Magiſtrate, when a Chriſtian beleever, then he was before when a Heathen; yet to be a Magiſtrate, and to be a beleeving Magiſtrate, are two different things, even as Chriſtianity is a noble ornament, and a gracious accident, and to be a Magiſtrate, is as it were the Subject, even as a man, and the accidents of the man, are two different things.

6. There be two things here conſiderable in the Magiſtrates office. 1. There is his jus and foreign Magistraticall power, or the authority Two things in a Chriſtian Magiſtrate, jus authoritie, aptitudo, habilitie.officiall, the power of office to beare the ſword. 2. There is aptitudo, foreign, a ſpeciall heavenly grace of well governing; this is foreign a gift or grace of God, to uſe that power for Chriſt. Theſe two make one Chriſtian husband, one Chriſtian captain, Phyſitian, Maſter, in relation to to the wife, ſouldiers, ſick, ſervants: Now the Magiſtrate heathen as Magiſtrate, even Nero, when the Church of God is in his p. 540court and dominions, hath the ſame jus, the ſame Authority and Officiall power, to be a keeper of both Tables of the Law, and to defend the Goſpell, and to command the Preachers and Synods to fulfill their charge, and to ſee that the officers doe their dutie, and to puniſh dumbe dogs, Idolaters, excommunicated perſons, to drive away with the ſword falſe Teachers from the flock, he hath I ſay the ſame Magiſtraticall power, while he is a Heathe…, and when he is converted to the Chriſtian faith, and he is equally head of men that profeſſe Chriſt, when Heatheniſh as when Chriſtian; but in neither States, is he the Head of the body the Church, and you give not to Ceſar the things that are Ceſars, if you make converted Nero, becauſe a Magiſtrate, now the head of the Church, and deny non-converted and heatheniſh Nero to be the Head of the Church; for he is a Magiſtrate with compleat power of the Sword, in the one caſe, as in the other, that he neither doth, nor can uſe the ſword for the Church, it is from Nero his ſtate of infidelity that he is in as a man, and not the fault of his office, for when Paul ſaith, the Husband is the head of the Wife; doth hee meane a Chriſtian husband onelyonly, and exclude all heathen Husbands? No, for then the wife were not to be ſubject to the Husband, if a Heathen and an unbeleever, which is againſt Pauls mind, 1 Cor. 7. and the Law of Nature. But the converted Magiſtrate, who was before a heathen Magiſtrate, hath a new aptitude, facul…y and grace to keep both Tables of the Law, and to govern in a civill way, and indirectly the affaires of Chriſts Kingdome: Hence the adverſaries clearly contradict themſelves by confounding thoſe two, a Magiſtrate and a Chriſtian Magiſtrate, one while they give ſupream power over the Church to the Magiſtrate as the Magiſtrate, ſometime to the Magiſtrate as Chriſtian. So Vtenbogard in his book De officio, & authoritate ſupremi Magiſtratus Chriſtiani in rebus Eccleſiaſticis p. 7. and p. 8. hoc addo, ut intelligatur Magistratum, cum religionē Chriſtianam amplectitur, non acquirere novam authoritatem, ſed quod eam authoritatem, quam ante etiam in rebus religi…nis & …ultus divini, habebat authoritatē,—rectè utitur: If the Magiſtrate when he becommeth a Chriſtian, acquireth no new authority as a Magiſtrate, but onelyonly uſeth well his old Authority, in matters of Religion and of Gods worſhip, which he had before, while he was Heathen, as he ſaith, then the Heathen Magiſtrate as a p. 541Magiſtrate hath a ſupreame power in Church matters, and yet in the ſame place he draweth the ſtate of the queſtion to a Chriſtian Magiſtrate. De ſolo Chriſtiano Magiſtratu acturus. The Arminians in their Apologie, fol. 297. (as ſaith their Declaration) ſpeake onelyonly of the Chriſtian Magiſtrate, and yet page 298. poteſtati enim ſupremae, ſive Architectonicae, qua poteſtas ſuprema eſt, jus hoc ut competat, ratio ordinis, ſive boni Regiminis, natura ſua poſtulat,—ſi Magiſtratui qua tali jus hoo competit, …rgo multo magis competit Magiſtratui Chriſtiano. Sure, if the Magiſtrate, in generall▪ and as the Magiſtrate, have a ſupream Authority in the Government of the Church, ſuch as the Adverſaries contend for, then the Chriſtian Magiſtrate farre more muſt be Head of the Church, and ſo the Magiſtrate as the Magiſtrate muſt be ſupreame Governour, and judge in all Eccleſiaſticall cauſes, and in theſe ſame cauſes, he muſt not be Iudge as a Magiſtrate, but as a Chriſtian.

Nor can they make a Chriſtian Magiſtrate, à medium per participationem utriuſque extremi, a middle betweene a Magiſtrate and a Chriſtian. 1. For where is there ſuch an office in either Church or ſtate? for ſo a Chriſtian Magiſtrate as a Chriſtian Magiſtrate ſhould be Ens per aggregationem, a thing compoſed of Magiſtracy and Chriſtianity, as a Chriſtian Phyſician, a Chriſtian Painter; and then the queſtion ſhould be, whether judgeth he as a Magiſtrate, or as a Chriſtian? as we may aske whether a Chriſtian painter painteth as a painter or as a Chriſtian: not as a Chriſtian, Pare… Com. in Rom. 13. dub. Iac. Triglandius de poteſt civ. & Eccleſiaſtica c. 10. 207, 208. Vbi nam inju…xit Chriſtus Magiſtratui Chriſtiano ut oves Chriſti quae …ales Regat.Rom 13for then all Chriſtians ſhould be Painters; and a reſult of both ſhould neither be a Magiſtrate nor a Chriſtian, but middle between both, which fighteth with reaſon and ſenſe. Some ſay, The power of the Magistrate in a Chriſtian Magiſtrate who knoweth the doctrine of the Goſpell, and hath help of the counſell and light of godly Paſtors and Teachers, is perfecter then in Heathen Magiſtrates, and therefore this power as not Chriſtian or heatheniſh, governs men as men, but as Chriſtian, it governeth them as Chriſtian m…n. But the learned and worthy profeſſor Jac. Triglandius ſaith this is ſaid without probation, for (ſaith he) men as Chriſtians are members of the Church, and ſo are not governed but in an Eccleſiaſticall way▪ and where hath the Lord commanded the Chriſtian Magiſtrate to governe the ſheep of Chriſt, as the ſheep of Christ? Then (ſay I) 1. The magiſtrate muſt governe the Church as the Church, and ſo rule p. 542over the conſcience of men in relation to eternall happineſſe, by promiſing to them temporall rewards, and by compelling them by the ſword, to be carried toward eternall beatitude; for to rule the Church as the Church, is to direct and lead them by ſpirituall means, Word, Sacraments and Diſcipline, to heaven, which the magiſtrate as a magiſtrate cannot do by the ſword; and what he doth as a Chriſtian▪ that he muſt do in a ſpirituall way, not with a ſecularChriſtianity maketh no new power of, or to Magiſtrates. arm and power as magiſtrate; and the two powers of a magiſtrate and of a Chriſtian, cannot coaleſcere, grow together in one office which is made up of both, as of two parts, being in nature and ſpece different, no more then of a Horſe and a Lyon you can make a third living creature. It is true, by Grace and Chriſtianity, the power of the magiſtrate is perfected, and an excellent luſtre added to it, but not one degree of Magiſtraticall power is added to it, by which the magiſtrate doth rule men as Chriſtians, and as a Church: For as the office of a magiſtrate doth not promote the man one ſtep nearer to ſaving Grace; ſo Chriſtianity maketh not the Heathen magiſtrate more a magiſtrate, nor giveth him a new ſword over the Church as the Church, which he had not before; nor doth it take any magiſtraticall power from him, no more then a heathen Husband, Maſter, Phyſician, being converted to Chriſt, is more a husband, moreJac. Trig. land. di…er. Theo. de poteſt. civ. c. 8. p. 174. A fourfold conſideration of the exerciſe of Miniſterial power moſt neceſſary, upon which & the former Diſtinctions, followeth ten very conſiderable Aſſertions. a maſter or Phyſician, then he was before: The former power is only ſpiritualized, and graciouſly facilitated in its acts, but not one whit augmented in its entitative degrees of power over the wife, the ſouldiers, the ſervants, the ſick. Triglandius excellently: The Chriſtian magiſtrate converted, is ſanctified, but he acq…ireth no new right over the Church: So meat is ſanctified by the Word and Prayer, but it is not more meat, nor doth more nouriſh, becauſe ſanctified.

7. Diſtinct. The exerciſe of the Miniſteriall power in diſpenſing Word, Sacraments, Diſcipline, falleth under a fourfold conſideration, which, becauſe it cleareth a neceſſary point, I deſire may be carefully obſerved by the Reader: 1. The ſimple exerciſe of that power is conſidered ſine modo, without any qualification, good or evil, Orthodox, or Heterodox, as the Chriſtian Magiſtrate procureth by his care, that there ſhould be a Miniſtery to diſpenſe Word, Sacraments, and Diſciplin… ▪ 2. The ſecond Conſideration of this exerciſe, is, The exerciſe of power ſoundly and painfully, in the fear of the Lord, the Magiſtrate exhorting them thereunto for conſcience. 3. The third Conſideration p. 543is the exerciſe of the ſame, in a corrupt and wicked way and manner, either negligently or wickedly, or for evil ends. 4. The fourth Conſideration is the free and peaceable exerciſe of this power without bodily violence.

Hence I intreat the Reader to carry along in his …ye, 1. The ſimple exerciſe of the Miniſteriall power. 2. The juſt and godly, ſound and laudable exerciſe. 3. The wicked and corrupt exerciſe, or the abuſe thereof. 4. The peaceable exerciſe.

Hence, our 1. Aſſertion: The Magiſtrate as the Magiſtrate is to1. Aſſert. procure that there be Preachers and Church-officers to diſpenſe Word, Sacraments, and Diſcipline: For 1. his end is, That people under him may lead a quiet and a peaceable life in godlineſſe and honeſty, 1 Tim. 2. 2. And the Magiſtrate attaineth his end as a Magiſtrate, if there be ſimple exerciſe of Religion in the quiet and peaceable way, that may conſiſt with the ſubjects indempnity, and immunity, from rapine, injuries, and violence. 2. The difference between the Magiſtrates and other callings, is, that the Magiſtrate was to take care of old, That there were Levites who bare the Ark, and, Priests who ſhould burn incenſe before the Lord, and Sacrifice; and yet it was unlawfull for the Magiſtrate to bear the Ark on his own ſhoulders, or in his own perſon to burn incenſe or ſacrifice; ſo the Phyſicians hinder that diſeaſes rage amongſt the ſubjects, and the Magiſtrates do alſo hinder that they ſhould rage: But the Phyſians hinder them by curing diſeaſes, and the Magiſtrate hinders them not by curing diſeaſes; for then he ſhould as a Magiſtrate alſo be a Phyſician, but by procuring that there ſhould be Phyſicians in the Common-wealth. The Magiſtrate hindreth ignorance, and loſing Ships by Tempeſts, not by profeſſing and teaching Sciences and Arts in Academies in his own perſon, nor by ſteering Ships, and guiding them himſelf to their Ports, for ſo a magiſtrate as a magiſtrate ſhould be a Schoolm…ſter, a profeſſor of Arts and Sciences in the Univerſities, and a Pilot or Shipmaſter, which were a confounding of all callings; but by procuring that there ſhould be Univerſities and Profeſſors of Arts and Sciences, and by providing honorable ſtipends and wages for them, and procuring that in the Commonwealth there ſhould be Sailers who are skilled in Shipping: and ſo doth the magiſtrate by his office take care, that the Word, Sacraments and Diſcipline, be diſpenſed. 3. But the magiſtrate as the p. 544magiſtrate doth no… command ſincere, hearty, zealous, and affectionate diſpenſing of Word, Sacraments a…d Diſcipline: But only the diſpenſing of thoſe without the qualification of the ſpirituall,The Magiſtrate as the Magiſtrate commandeth the exerciſe of Miniſteriall power, but not the ſpirituall and ſincere manner of the exerciſe. or ſincere exerciſe of the power; Becauſe, 1. The Magiſtrate cannot command that as a magiſtrate, which he cannot judge of, whether the thing commanded be conſonant to his command, or not: But the magiſtrate as the magiſtrate cannot judge of the ſpirituallity, ſincerity, zealouſneſſe, affectionateneſſe of that obedience, which the Church yieldeth to his command: for if the Paſtors diſpenſe word and Sacraments, and binde and looſe by the keys following the rules of the word, the magiſtrate cannot judge the heart or intention, whether they do thoſe with conſcience to God, and reverence and ſubjection of ſpirit to his holy Law, nor can the manner of doing be proved by witneſſes to the magiſtrate. 2. The Magiſtrate as Magiſtrate doth not command what he doth not praiſe or reward, for well doing is the object of the Magiſtrates praiſing and rewarding power, Rom. 13. 3. But as a Magiſtrate he doth not praiſe and reward the qualification, or ſpirituality, or ſincerity of Paſtors diſpenſing of word and ſeals; if they feed the flock, the Magiſtrate is to take care they be rewarded with wages, no… can the Magiſtrate as the magiſtrate withhold praiſe or wages from labourers in the vineyard, becauſe they preach Chriſt out of envy, as ſome did Phil. 1. 15. or becauſe they feed not the lambs out of a love to Chriſt, as they ought to do, Ioh. 21. 15, 16, 17. it is true, magiſtrates as godly men, may love and commend ſincerity in faithfull labourers, and hate the contrary; but this they do as Chriſtian men, not as magiſtrates, not by their office, and authoritatively. 3. Magiſtrates command that as magiſtrates, the not doing of which they can a… magiſtrates puniſh with the ſword, for the object of their vindicative and revenging power is ill doing, Rom. 13. 4. But if Paſtors feed the flock and rule them, the magiſtrate cannot uſe the ſword againſt the feeders, for that they want ſincerity, love, cheerfulneſſe in the manner of doing theſe things, for the ſword of the magiſtrate doth only reach men for their externall facts, not for opinions in the mind, not for crooked intentions, not for hollow-heartedneſſe, hypocriſie, infidelity in the manner, or inward principles of the actions.

II. Aſſer. when magiſtrates command Churchmen to do their p. 545duty, and to feed the flock, ſincerely, and in the fear of the Lord, they do it not as magiſtrates; but as touching the manner, they mayMagiſtrates as godly men, not as Magiſtrates command ſincerity and zeal in the manner of the exerciſe of miniſteriall power. exhort them to do their duty ſincerely, cordially, and zealouſly as godly men; hence that charge that King Iehoſhaphat gave to the Prieſts and Levites, 2 Chron. 19. 9. This ſhall ye do in the fear of the Lord faithfully, and with a perfect heart, is a mixt command, as touching the judging of the people in all cauſes and controverſies that ſhould come before them; the King as King commanded them to do this: But for the manner of the doing of it, that they ſhould do it faithfully in the feare of the Lord, and with a perfect heart; this he commanded them not as a King, but exhorted them to it, as a godly & religious man: for 1. any godly man might have ſaid this, and the King might have puniſhed the Levites and Prieſts, if they had not judged the cauſes according to the Law. But though they had not judged in the fear of the Lord, and with a perfect heart; yet could not the King as King have puniſhed them therefore, nor can any ſay, that the ſpirituall exhortation of Hezekiah, 2 Chron. 29. to the Prieſts and Levites, came from him as King, but as from a graced and religious man; as King he might command them to Sanctifie themſelves legally, for ſo they were to do by office; and he might uſe the ſword againſt them, if they failed in that; and as King he may command all externall duties, not only to Church-men, but to all others; only he cannot puniſh them for failings in the ſpirituall manner of doing externall duties▪ 2▪ A ſpirituall and Chriſtian exhortation ex conditione operis, and intrinſecally, hath influence on the conſcience to turne the ſoul to God. But nothing that the magiſtrate can do as a magiſtrate, hath ſuch an influence on the conſcience, all that he doth as a magiſtrate and directly, is toward the outward man, by rewards and puniſhments; if the magiſtrate remove falſe teachers and wolves, which would devour the flock, and if that work upon the conſcience, it is indirectly and by accident, for, quoad actus imperatos, he can command that the Goſpel, which hath a kindly and intrinſecall power to work upon the conſcience, be preached; if the magiſtrate convince the conſcience of a murtherer, that he hath failed againſt the Law of God, he doth not that as a magiſtrate, but as a godly and religious man▪ he may convince him as a magiſtrate, that he hath failed againſt the Lawes of the State, and bands of humane ſociety, and externall peace, p. 546and ſcarce that, for ignorantia juris nemime… excuſat.

Obj. 1. It may be objected againſt this: If the Elders not only omit to do their duty, but alſo if they erre in the nature and quality of what they do, the Magiſtrate is to puniſh; Ergo, the Magiſtrate not only commandeth the Church to do the externall facts▪ but alſo commands the facts with ſuch and ſuch qualities: the Antecedent is proved becauſe the Magiſtrate not only puniſheth the omiſſion of a Church duty, as if Paſtors preach not; but alſo if they preach not …al… modo, Orthodox and ſound Doctrine.

Anſ. We never denied but the Magiſtrate commandeth both the exerciſe of Church power ſimply, and the man…er and ſuch qualifications as are externall and obvious to the knowledge of the Magiſtrate, ſuch as blaſphemous and falſe Doctrine is; But we deny that as a Magiſtrate he doth command thoſe things that ar… internall and inviſible, that is, the ſpirituallity of the actions; he can exhort and ſtirre men up to the ſpirituallity and ſincerity of doing as a godly and Chriſtian man.

Obj. 2. The Paſtors and guides of the Church as ſuch, do only command externall obedience, for they can onelyonly in …oro Eccleſiae, in the Court of the Church cenſure externall diſobedience before men, the heart and ſincerity thereof is no more obvious to the eye of Elders, then of Magiſtrates.

Anſ. 1. I deny the connexion of the Antecedent; for Elders may command as Elders, more then the not doing of which they can cenſure, which the Magiſtrate cannot do; for Elders have committed to them the word of reconciliation, as the Ambaſſadors of Chriſt. Now the word hath an immediate influence on the conſcience, on the thoughts and intents of the heart, 2 Cor. 5. 18, 19, 20. 1 Cor. 3. 5. 1 Cor. 4. 15. Pſ. 19. 7. Heb. 4. 12, 13. And therefore their Miniſtery hath action on the thoughts; yet can they not in the externall court of the Church, cenſure the thoughts, as not being able to ſee them, but the Goſpel which they preach can arraigne the conſcience and thoughts▪ 2 Cor. 10. 4, 5. But the Magiſtrate carrieth not ſuch a meſſage, and therefore his Magiſtraticall command can reach no farther then his temporall praiſe and reward, and his ſword; and that is commenſurable and of equall latitude with thoſe.

Obj. 3. The Object of the Magiſtrates power, is well doing, and ill p. 547doing, both civill, and alſo ſupernaturall; both for the firſt table, or as well for the ſpirituall acts of worſhip and Religion in the firſt table, as for acts of Iuſtice and mercy in the ſecond table, Rom. 13. 3, 4. Iſai. 49, 23. and you ſaid elſewhere, that externall peace is too narrow an object for the Magiſtrate, for the intrinſecall end of a Magiſtrate is alſo a ſupernaturall good, and not only a peaceable, but alſo a godly life, 1 Tim. 2. 2.

Anſ. It is true, the Magiſtrate as the Magiſtrate doth care for the ſupernaturall good of ſubjects, and the duties of Religion, and the firſt table, but how? intrinſecally and as a magiſtrate, that is, that men worſhip God according to his word: But, 1. The magiſtrate as ſuch hath nothing to do with the ſpirit, nor can he command the ſincerity of the worſhip; his care is that there be a divine worſhip, that is, materially and externally right and conſonant, externally to the rules of the word; and for this cauſe learned divines make the externall man the object of the magiſtrates office; but not the externall man as doing the duties of the ſecond table only, but alſo as ſerving God in the duties of the firſt table: for which cauſeAuguſtin. contr. literas petilian. l. 2. c. 92. & contr. Creſconi. l. 8. c. 5. reges ſerviunt D…o in quantum ſunt homines, & in quantum ſunt reges. I ſaid Auguſtine meant the ſame, when he ſaid, that Kings ſerve God as men and as Kings. 2. Magiſtrates as magiſtrates are to extend their power for Chriſt; that is, that not only there be Iuſtice and Peace amongſt men, but alſo that there be Religion in the land, yea, that the Goſpel be preached; ſo all our Divines make the King to be cuſtos …t vindex utriuſque tabule: Yea, I think he is a keeper and preſerver of the Goſpel alſo, and is to command men to ſerve Chriſt, and profeſſe the Goſpel, and to puniſh the blaſpheming of Ieſus Chriſt: and this is royall and magiſtraticall ſervice that the King as King performeth to God, and to Ieſus Chriſt the mediator, ex conditione operis, in regard that good which he procureth as King, materially and externally, is conſonant to the ſupernaturall Law of the Goſpel, but it is not magiſtraticall ſervice to Chriſt ex intentione operantis.

Obj. 4. When its required that the Magiſtrates be men fearingExo. 18. 21 Deu. 1. 16. 17. D…u. 17. 19 20.Exod 18:21Deut 1:16Deut 1:17 God, hating coveteouſneſſe, &c. is not this an eſſentiall ingredient of an King as a King, that he read in the book of the Law, that he may feare God, Deut. 17?

Anſ. There is a twofold goodneſſe here to be conſidered, one of the magiſtrate as a magiſtrate, another as a good and Chriſtian p. 548magiſtrate. The former is an officiall goodneſſe, or a magiſtraticall prudence, juſtice, and goodneſſe; this is required of all magiſtrates as ſuch, to judge the people: ſo the acts of an heathen magiſtrate done according to common naturall equity, by Nebuchadnezzar, Pilate, Ceſar, Felix, Feſtus, are to be acknowledged as acts of a Lawfull Magiſtrate, valide and no leſſe eſſentially Magiſtraticall, then if performed by King David; and of this goodneſſe the Scriptures ſpeak not as eſſentiall to a Magiſtrate as a Magiſtrate: But there is another goodneſſe required of Magiſtrates asA two fold good in a Chriſtian Magiſtrate, eſſentiall, accidentall. they are Members of the Iewiſh Church, and as they are Chriſtians, and of theſe the Scripture ſpeaketh; and ſo Magiſtrates not as Magiſtrates, but as good and Chriſtian, are to be ſuch as feare God, hate covetouſneſſe, reſpect not the face and favour of men; ſo its denied that the fear of God, hating of covteouſneſſe, are eſſentiall ingredients of Kings as Kings: For Kings as Kings intend juſtice, peace, godlineſſe, materially conſidered, both ex conditione operis, and operantium. But for juſtice and righteous judgement in a ſpirituall and an Evangelick way, that belongeth not to the eſſence of a Magiſtrate nec ex conditione ſeu ex intentione operis, nec ex conditione operantis: The Holy Ghoſt requireth it of judges, as they would approve themſelves as truly Holy and Religious, and would be accepted of God, and in this ſenſe Kings as Kings do not ſerve God, nor the mediator Chriſt, nor yet as men; only they ſerve God and the mediator Chriſt as Chriſtian Kings, or as Chriſtian men rather.

III. According to that third member of our ſeventh Diſtinction;Aſſer. 3. The unjuſt and evil exerciſe of the Miniſteriall power, is obnoxious to the magiſtrate as the magiſtrate, thus, in that he beareth the ſword againſt all evil doers, Ro. 13. 1. The magiſtrate as the magiſtrate doth only command well doing, in order to praiſe and a good name, or temporall reward amongſt men, Rom. 13. 3. Do that which is good and thou ſhalt have praiſe of the power, 1 Tim. 5. 17. Matth. 10. 10. Nor can the magiſtrate as the magiſtrate promiſe, or command the Elders to feed the Flock, with the promiſe of the reward that Peter promiſeth, 1 Pet. 5. 4. to wit, That when the chief ſhepheard ſhall appear; they ſhall receive a Crown of glory that fadeth not away. The magiſtrate as a Preacher (if he be one, as David and Solomon were both) or as a godly religious Chriſtian man, may hold forth ſuch a promiſe, but not as a Magiſtrate, and upon the ſame ground the p. 549Magiſtrate as the Magiſtrate cannot forbid careles, unſound preaching, and rigorous and tyrannicall ruling or rather domineering over the Flock, under the pain of death eternall: for he can but kill the body, and hath but the carnall and temporall ſword, Rom. 13. 4. and ſo he can inhibite ill doing only in order to temporary puniſhment, and though the duty of the former be ſpirituall, and the ſinne of the latter alſo, yet the externall man is capable only of the Magiſtrates promiſes and threatnings, as they reſpect evill or good temporary; ſo that it is a wonder to me, that M. Pryn or any learned man can ſay that magiſtrates can make Lawes to binde the conſcience, ſure it is ill divinity. 2. If there never had been ſin, there ſhould have been noThe Magiſtrate as ſuch commandeth only in order to temporary reward, and puniſheth, and layeth no commands on the conſtience. government but of Fathers and Husbands, there ſhould have been no magiſtraticall dominion, not any magiſtraticall allurement to weldoing by temporall rewards, not any terrifying from evill doing, from fear of the ſword, death, ſtripes, or bands, and God governed the Apoſtolick Church, and they attained the Crowne and ſupernaturall end of life eternall, without the acceſſory hire of a a temporary reward from the magiſtrate, and the ſubſidy of his ſword; Ergo, it is evident that the magiſtrate is neither an eſſentiall, nor an integrall part of the viſible Church as the viſible Church, injoying all the Ordinances of God, Word, Sacraments, Diſcipline, Cenſures, Rebukes, Admonition, Excommunication, Prayers, Mutuall edification, in as great perfection, as is happily attainable in this life without, yea, againſt the will of the civill magiſtrate: Though it be a great incouragement to have the King a Nurſe-father; yet hath not Chriſt counted it ſimply neceſſary to his viſible Church injoying all the Ordinances of God to the full. 3. If the magiſtrate do only command the teachers and Paſtors to preach and determine ſynodically, in order to a temporall reward, and forbid them to abuſe their miniſteriall power in order to temporary puniſhment, by the temporary ſword; then ſurely the Paſtors and Teachers are not ſubjected to them in conſcience, after any Eccleſiaſticall way, for the power of commanding in magiſtrates as magiſtrates muſt be commenſurable to the power of puniſhing the tranſgreſſors of the command; if the one be in order to a temporary good, the other cannot but be in order to an eternall ill; if miniſters command in the name of Chriſt, in order to an eternall reward, they cannot threaten the tranſgreſſors in order to a temporary p. 550puniſhment, but it muſt be in order to an eternall puniſhment:Nota. ſo that it is moſt clear, that the magiſtrate though he be in ſome ſenſe a little God, and inveſted with the authority and Majeſty of God, in that he commandeth and threatneth upon propoſall of temporary reward, and temporary good, the very ſame duties that God injoyneth, and forbiddeth the ſame evills of ſinne that God forbiddeth; yet he holdeth not theſe out to the ſoul and conſcience of the ſubjects, as the Ambaſſador of Ieſus Chriſt, upon condition of eternall life, if they obey, and of eternall death, if they diſobey; but he holdeth out to the external man theſe that are materially divine commandements & divine inhibitions, but in another conſideration▪ but formally only they are the mandates of the Magiſtrates in order to temporary reward and temporary puniſhment. Then the Miniſters as Miniſters in preaching and Synods, forbid adultery, inceſt, murther; but they propoſe them to thoſe that are within the viſible Church; And that, 1. to their conſciences, 2. Under the paine of eternall wrath. 3. As the Ambaſſadors of Chriſt craving ſpirituall ſubjection of conſcience, and divine faith to thoſe charges: But Magiſtrates as Magiſtrates hold forth in their Law-abſtinence from thoſe ſame ſinnes of adultery, inceſt, murther; But, 1. Not to theNota. Magiſtrates as Magiſtrates forbid not ſin as ſin under the paine of eternall wrath. conſciences of their ſubjects, but to the outer man as Members of the common-wealth. 2. Not under the paine of eternall wrath and condemnation, before the judge of quick and dead: Magiſtrates as Magiſtrates have neither calling, office, place nor power to threaten or inflict eternall puniſhment; if Magiſtrates do perſwade the equity of abſtinence from adultery, inceſt, murther, in their Statutes, or Acts of Parliament, from the word of God, from the ſixth and ſeventh command of the Decalogue, from the judgement and eternall puniſhment that followeth theſe ſinnes, they ſo perſwade not as Magiſtrates, but as Divines, and as godly and Chriſtian men; yet my ſenſe is not that the Magiſtrate can Lawfully command obedience in matters of Religion not underſtood or knowne by the ſubjects, that were to exact blind obedience; but my meaning is, that the Magiſtrate as the Magiſtrate holdeth not forth his commandements to teach and informe the conſcience, as Paſtors do, but he preſuppoſeth that his mandates are knowne to be agreeable to the word of God, and propoſeth them to the ſubjects to be obeyed. 3. Magiſtrates as Magiſtrates hold forth in their Law, abſtinence p. 551from theſe ſinnes, not as the Ambaſſadors of Chriſt, craving ſubjection of co…ſcience and divine faith to thoſe charges, but only externall obedience: for though Miniſters as Miniſters crave faith and ſubjection of conſcience to all commandements and inhibitions, as in Chriſts ſtead, 2 Co. 5. 19 20. yet the Magiſtrate as the Magiſtrate doth not crave either faith or ſubjection of conſcience, nor is he in Chriſts ſtead, to lay divine bands on the conſcience, to ſubmit the ſoul and conſcience to beleeve and abſtaine, he is the dep…y of God as the God of Order, and as the Creator, and founder, and another of humane ſocieties, and of Peace, to exact externall obedience, and to lay bands on your hands, not to ſhed innoceat blood, and on your body not to defile it with adultery, or inceſt, nor to violate the ch…ſt…y of your brother; hence it is evident, that the adverſaries are far our▪ who would have Miniſters who do hold forth commands, that layeth hold on the conſcience and craveth faith and ſoul-ſubmiſſion under the paine of eternall wrath, to do and act as the deputies and Vicars of thoſe who have nothing to do with the conſcience, and have neither office nor authority to crave ſoul ſubmiſſion, or to threaten or inflict any puniſhment, but ſuch as is circum…cribed within the limits of time, and which the body of clay is capable of; yea, when the Magiſtrate puniſheth ſpirituall ſinnes, hereſie, idolatry, he puniſheth them only with temporary puniſhment.

Obj. 5. When a Miniſter ſpeaketh that which is treaſon againſt the Prince in the Pulpit, by way of Doctrine, the Church only doth take on them to judge him, and cenſure him, and he will not anſwer the civill judge for his Doctrine, but decline him, and appeal to a Synod; and yet if another man in private ſpeak theſe ſame words of treaſon, he is judged by the civill judge, and can give no de…linature againſt this civill judicature, this muſt be unequall dealing, except the civill judge may by his office, judge whether the Miniſter ſpoke treaſon or not.

Anſ. It cannot be denied, but that which is ſpoken by way of Doctrine by an Ambaſſador, ſpeaking the word in publick, and that which is ſpoken in private, although the …ame words, are very different: for a private man in private to ſlander the Prince may be treaſon, he hath no place, nor calling to ſpeak of the Prince, but a Paſtor hath a calling as the watchman of the Lord of hoſts to rebuke▪ p. 552Herod for inceſt, and in a conſtitute Church, the Church is to try whether Iohn Baptiſt preached treaſon or not. 2. If it be a ſlander of the Prince and treaſon indeed, the Prophet who preached it, is firſt ſubject to the Prophets, who are to condemne and cenſure him, and then the magiſtrate is to inflict bodily puniſhment on him for it; but the Church ſhould labour to gaine the ſlanderers ſoule, before the civill judge take away his life.

IV. Aſſert. The Magiſtrate de jure is obliged not only to permit, but alſo to procure the free exerciſe of the miniſtery in diſpenſing Word, Sacraments, and Diſcipline, and owe his accumulative power, to convene Synods, to adde his ſanction to the lawfull and neceſſary conſtitutions and ordination of worthy, and to the Depoſition of unworthy officers in the Church. 1. Becauſe he is a Nurſe-father in the Church, Iſa. 49 23. 2. And by office, as a Publike father, to procure the good of the ſoules of the ſubjects in his coactive way, that we may lead a quiet and peaceable life in all godlines and honesty, 1 Tim. 2. 2. 3. He is not onelyonly to permit, but alſo poſitively to procure all peace, in the exerciſe of all lawfull and profitable trades and Arts; Ergo, farre more that glory may dwell in the Land, and that the Peace thereof may be as a River, Iſa. 48. 18. by the preſence of Christ walking in the midſt of the Golden Candlesticks.

V. Aſſertion. When the Magiſtrate commandeth painfull and ſound adminiſtration in preaching and governing, with proviſion of the prayſing and rewarding of well doing, he doth not ſubordinate to himſelfe the Miniſtery in its exerciſe. 1. Becauſe this promiſe is accumulative, and of a temporall reward, for the Magiſtrate as the Magiſtrate cannot promiſe that which Peter promiſeth; that 1. 1▪ Pet. 5. 4. When the chiefe ſhepheard ſhall appeare, they ſhall receive a crowne of glory that fadeth not away, he may as a Chriſtian promiſe that, but for a temporall reward for men, no man for being faithfull in the houſe of God, hath that unſeparably annexed to his labours, by a literall promiſe in Scripture, and therefore it is onelyonly accumulative. 2. Right and ſound preaching and governing in Gods houſe, cannot from this be ſaid to bee ſubjected to the Magiſtrate as a Magiſtrate, in regard that this is an accidentall hire, and an externall and acceſſorie good, which the Church as the Church, and the moſt faithfull Prophets, Apoſtles, p. 553and Paſtors have wanted, and yet have attained the end of a Church as a Church viſible, nor is this a promiſe made to the Church as the Church or the Miniſters thereof as ſuch, for the Apoſtolick church that was moſt poor, had neither thing, nor name, nor promiſe, but by the contrary, the Kings and Rulers did conſpire againſt the Kingdome of the ſon of God.

VI. Aſſertion. Though the Magiſtrate may both threaten to inflict, and actually inflict the ill of temporall puniſhment on Miniſters, if they be either idle or unſound in their adminiſtration; yet thence can onelyonly be concluded that the male adminiſtration of the miniſterie is ſubjected to the Magiſtrate as ſuch, but not the Miniſtery it ſelfe, or the exerciſe thereof. 1. The male adminiſtration of any office is accidentall to the office. 2. This ſubjecteth the erring perſon, not the teaching Miniſter to the civill Magiſtrate. Nor doth this make the Miniſters in the exerciſe of their office, properly ſubordinate to the Miniſters, but onelyonly ſo farre as the ſpirits of the Prophets are ſubject to the Prophets.

VII. Aſſertion. There is a twofold ſubordination of the exerciſe of Male adminiſtration of Miniſters; one civill, another Eccleſiaſticall: Theſe two differ, ſo as the former muſt be ſubordinate to the Magiſtrate who is to inflict bodily puniſhment, but the latter is onelyonly ſubject to the Church. The Judiciall determination accordingTwo ſorts of ſubordinations Civill, Eccleſiaſtick. to the Word of God, for the informing of the conſcience and gaining to the truth the erring Miniſters, is proper to the Colledge of Miniſters; and in this if the colledge of Miniſters erre, they are alſo puniſhable, and the Magiſtrate is to command them to judge and determine, de novo, over again: The Magiſtrate in a conſtitute church is to determine civilly, and ſentence, and civilly puniſh the Miniſters that either are dumbe dogs, and will not barke, or that perverts the ſouls of people with falſe doctrine, and where the Church is conſtituted, it is preſumed that the Prieſts, whoſe lips ſhould preſerve knowledge, have determined in an Eccleſiaſticall way, the very ſame which the Iudge civilly is to determine, not becauſeMiniſters not the Ambaſſadors of an earthly King, but of the King of Kings. the Church hath ſo determined, but becauſe he judgeth in his conſcience it to be according to the Word of God.

VIII. Aſſertion. The Miniſters are in no ſort the Ambaſſadors or ſervants of the Magiſtrate, but of Ieſus Chriſt, and immediately in their miniſteriall acts ſubordinate to the King of Kings. 1. They p. 554declare the truth in the Name of Chriſt, their maſter and Lord, not in the name of the Magiſtrate, as the Arminians make the ſteps of the ſubordination. 1. The Word of God. 2. The Magiſtrate carrying Gods ſword. 3. The Preachers of the Goſpell; for then the Preachers ſhould hear the word of the Magiſtrate firſt, and have the minde of Chriſt ſpoken and revealed to them immediately from the magiſtrate, but mediately onelyonly by the mediation of the Magiſtrate, the minde of Chriſt. 2. There ſhould be in every Chriſtian Kingdome, where there is a King, a civill Pope, having directly both the Swords, not with the diſtinction of Ieſuites, of dixectly and directly, and as they ſay, the Pope hath the temporall ſword, indirectly and in ordine ad ſpiritualia, in order to ſpirituall things, and and how many inferiour Magiſtrates, ſo many civill Popes, onelyonly they ſhall not be infallible. Arminians ſay that this collection is from envie, Becauſe we (ſay they) deny a headſhip and ſupremacy of power of Governement, to your Paſtors and Elders in all your Pariſhes, which maketh the Church a Monſter with many heads; therefore you put this, for envy upon the Magiſtrate, who yet hath the word of God above him, which the Pope hath not, who ſetteth himſelf above the Word of God.

Anſ. 1. If we give a ſupremacy royall, and princely to the Miniſters, which they call Archi…ectonica, as the adverſaries doe to the Magiſtrate; multitudes of Popes behoved to be in the Church; but we make them meer Heralds, Trumpeters, and Meſſengers to relate the will of God, void of all royall power, and having neither earthly majeſty, power, nor Sword. 2. It is not our Argument, that in which they conceive we repoſe, to wit, that we thinke the adverſaries reſolve all ultimatè, and laſt which concerneth the government of the Church, in the will of the Magiſtrate, as on an infallible rule, we grant they teach that the Word of God is to rule the Magiſtrate in the matters of the firſt Table, and juſtice and equity in the things of the ſecond Table, but they ſay this in words onelyonly, but the Magiſtrate as Magiſtrate may mouldChurch Officers as ſuch not ſubordinate to the Magiſtrate. out of his high dominion what Church government he will, and this by conſequent reſolveth all in the Magiſtrates will; and that they teach, that when the Magiſtrate doth command againſt the Word of God, then it is better to obey God then men. And 2. This we infer as an abſurdity that they cannot ſhun that there is ſuch a p. 555new officer, a new Church head, a creature moſt like a Pope in every Chriſtian Kingdome brought in the Church, who is above Biſhops, Paſtors, Doctors, who by office muſt carry the minde of God to Paſtor and people, who hath the keyes of the Houſe to make and unmake, call and ſend, recall and exantorate miniſters as his Servants and Heralds. 3. Looke what power the Magiſtrate as a Magiſtrate hath in civill affaires, the ſame hath he in diſpenſing Word, Sacraments, admitting to, or rejecting from the Sacraments, calling of miniſters, excommunicating by this way, and ſo by office, he is no leſſe eſſentially a Paſtor to watch for the ſoule, then he is a civill Judge. 4. How doth this confound the two Kingdomes? the Kingdome that is of this world, and fighteth with the Sword; and the Kingdome that is not of this world, and fighteth not with the Sword? if the magiſtrate as the magiſtrate and armed with the ſword, be the ſupream Head over both, and as he beareth the Sword have a carnall dominion over the Church as the Church? 5. If God have made the ſubordination of miniſters as miniſters, and ſervants of the magiſtrate as a magiſtrate, then the viſible Church hath no ordinary right, to Ordinances, Word, Sacraments, diſcipline, but by the magiſtrate; and all that the Churches did in the Apoſtles times, or the firſt three hundred yeers after Chriſt, being contrary to the magiſtrates will, muſt be either ſeditious, or then it was by no rule of the Goſpell, but by an extraordinary diſpenſation; and we ſhall have no warrant for any diſpenſing of the Word, and of Seals, or Government from the Apoſtolique Church, becauſe all that muſt have beene beſide the rule and extraordinary. 6. From this pretended ſubordination, as the ſupream magiſtrate may doe all that the inferiour magiſtrate may doe, becauſe the King is eminently all that the inferiour Magiſtrate is, and ſomething more; ſo may he diſpenſe the Word and Sacraments, in regard that the King is by the ſame officiall power over the Church as the Church, in ſacris, in all matters of Religion, as in civill things, and containeth in him, in a high and eminent manner, all that the Church and Paſtors can doe, as they are ſuch, and becauſe the King hath the ſame power, in all Arts and Trades, then by his Royal power he might (if he had time and leaſure) build houſes, becauſe of his royall Eminency over all Trades, he might ſit at the helme of any ſhip, and ſteer and rule it, he might p. 556paint Images, he might plow the ground, becauſe he hath the like Royall power over maſons, Sailors, Painters, Husband-men, carpenters, and the like, as he hath over the common-wealth, and the Church; we muſt then ſay that God hath called the King to all theſe to be a miniſter, a maſon, a Sailor, a Painter, and if he had leaſure, he hath Gods calling to be a Preacher, a Sailor, as to be a King, yea, and that as King he is all theſe: Now the Apoſtle clearly diſtinguiſheth between him who exhorteth and teacheth in the Church, Rom. 12. and him who is the Miniſter of God, and beareth not the ſword in vaine, Rom. 13. and clearly inſinuateth a diſtinction of calling, ſo that God never called one man to all callings, as it is 1 Cor. 7. 17. But as God hath diſtributed to every man, as the Lord hath called every one, ſo let him walke, ver. 20. Let every one abide in the ſame calling wherein he was called: And it is clear, if the King be a Head in the body▪ 1 Cor. 12. then he is not the feet, though he have need of the feet, for then the eye ſhould be both eye and eare, and hand, and therefore the King cannot be all. Pareus in Rom. 13. ſaith, the King cannot doe ſome things ob defectum juris ex Dei limitatione, He cannot preach. Anſ. Ergo, Preaching belongeth by Divine right to another, and its not ſubordinate to him, jure Divino. 2. Saith Pareus, he wanteth law to uſe the wi… of another man as his owne. Anſ. Then the right of Husband and Wife is not ſubordinate to the King, ſo as he may uſe the right of a Husband, becauſe it is againſt the ſeventh Commandement, nor can he invade the right of Paſtors to diſpenſe Word and Sacraments, it being againſt the ſecond Commandment, he not being called thereunto. 3. Other things (ſaith he) he cannot doe for want of skill, as to teach in a Colledge, and others he cannot doe, becauſe they are fordid, as to ſew ſhooes. Anſ. If God have not called the Prince to theſe, it is not onelyonly ſordid, but unlawfull for him to thruſt his ſickle in another mans field, for God muſt call to a lawfull calling, elſe men uſe a lawful thing unlawfully, ſo it is ſordid and unlawfull for him to judge thoſe, and the like. Eraſtus I know roundly granteth that the King or any Magiſtrate may lawfully diſpence the Word and Sacraments, nothing hindereth him, but want of time, which is a better Anſwer then others give, who hold the ſame principles with Eraſtus, and that the King hath the ſame Royall power in things civill and Eccleſiaſtick, except the adverſary flee to our p. 557diſtinction of power and perſons, and of things civill and ſacred, they ſhall never expede themſelves. But the King (ſay they) is See the Arminian Remonſtrance in Apol. c. 25. fol. 299, 300. What power Eraſtiaus give to Magiſtrates in Church matters▪not capable of 1. The power of Order, he cannot be a Paſtor, or a Doctor. 2. He cannot as King be capable of internall power of juriſdiction, he cannot preach, he cannot diſpenſe the Sacraments, but he is (ſay they) capable of externall power of juriſdiction, to governe the Church, excommunicate, to debarre Apoſtates and Hereticks from the Sacraments, to create Prelates, Primates, Metropolitans, and ſuch cattell, to call and ordaine, make and unmake Miniſters, to make all Canons and Eccleſiaſticall Lawes, and appoint religious Ceremonies, as holy Surplice, croſſing, oyle and ſpittle in Baptiſme, to create holy dayes, to command men to kneel to bread, and to order all the externall worſhip of God, and beſide the Word, to order many little and ſmaller things in the borders of worſhip externall, ſuch as is ſome little Idolatry, and Superſtition: And (for ought I know) by their way, who hold there is no certaine forme of Government of Gods Houſe in the Scripture, ſome harmeleſſe and innocent golden The minde of Arminians touching the Magiſtrates power in Church matters. Remonſtrant Arminian c. 25. p. 304Calves, as lawfull as religious ſymbolicall Ceremonies. This power is no more due to the Magiſtrate as the Magiſtrate, then to diſpenſe the Sacraments, as I have ſaid before: Nor doe the Arminians much honour the Magiſtrate, who walking in the ſteps of Eraſtus doe hold, that the Magiſtrate having power of publique places, Preachers are obliged not to preach in publike places, if the Magiſtrate forbid them, but they may preach in private places. But 1. Theſe ſame Arminians hold that Paſtors are to preach whatever in their conſcience ſeems to be the truth of God; a principle of thoſe who are for tolleration of all Religions; though Iudaiſme & Turciſme, a way (I am perſwaded) moſt abominable, and which the Lord of his Church will cruſh, when he ſhal bring down other Antichriſtiā untruths to the ground; Now it ſeems to the conſcience of Papiſts and many Hereticall teachers, that they are obliged to preach Turciſme, & Iudaiſme in the Temple, and in publike, & that diſtinction is falſe & vain, as it is in very deed contrary to the truth of God, to preach what they think the truth of God, & to preach it in publike or private, or in any place is indifferent as touching the place. 2. The Lord hath no more given to Magiſtrates power of places, or actions religious in places, then he hath given to them power of truths: Ergo, they muſt be obliged in conſcience, rejecting a …i… p. 558and ſapleſſe diſtinction, to preach in publike places: for as that juditio…s…c. Trig. de poteſt. …. & Ecceleſiaſtica diſſ…tatio, Th…l. p. 123 T…m…lorum uſus & ſ…ipe…iorum publ…orum … in re nihil poteſt. ille enimextrinſ…us accedit ad res Eccleſiaſticas, eorumque naturam atque indolem nihil immutat. A threefold conſideration of the magiſtrate in relation to the Church and learned profeſſor Iac. Triglandius ſaith, The place is accident all to the worſhip, and changeth not the nature of it; and truly as that learned profeſſor ſaith, it is a poor honour that they put on the Magiſtrate, to limit all his power to places and ſtipends. 3. The Apoſtles knew not this diſtinction, for they not only preached truth, the Scribes and Phariſees forbidding them; but in publick places, and at all occaſions, and dayly in the Temple, and in every houſe, they c…ſed not to teach and preach Ieſus Chriſt, Act. 6. 2, 4. & 4. 1. 20. & 5. 20, 21. The Magiſtrate being Antichriſtian forbiddeth not preaching of ſaving truths, becauſe of the place, be it private or publick▪ but he forbiddeth them, becauſe they are ſaving, and if Ieſus Chriſt have called a man to preach in publick, in the houſe tops, the Magiſtrate hath no power from God to ſilence him in publick more then in private; the Magiſtrate forbiddeth that any teach falſe Doctrine, not for the place, but becauſe it is injurious and hurtfull to humane ſocieties that men ſhould be principled in a falſe Religion, and cannot but diſturbe the publick peace.

IX. Aſſer. The Chriſtian magiſtrate muſt here come under a threefold conſideration. 1. As the Object of that high office is meerly and purely civill, and poſitive relating only to a civill end of Peace: as in importing, or exporting of goods, of wooll, waxe, moneys for the good of the common-wealth, the crying up or crying downe of the value of coyned Gold or Silver, the making of Lawes meerly civill; as not to carry Armor in the night in ſuch a City: So in Warre, Commanders, Captains and Colonels are Magiſtrates to order the Battle, lay ſtratagems, the way of beſieging Townes, of fortifying Caſtles, of iſſuing out mandates for the Navy; The Parliaments power in diſpoſing of Fouling, Fiſhing, Hunting, Eating of Fleſh, or not eating at ſuch a time: all theſe▪ as the Word of God doth not particularly warrant the one ſide more then the other, are meerly civill and poſitive▪ It is ſure the Magiſtrate hath a ſupremacy, and an independency above the Church or Miniſters of the Goſpel in all theſe; and as theſe preſcinde from all Morality of the firſt and ſecond Table, I hold that neither the power nor perſon of the Magiſtrate is ſubordinate to the Church and Church-aſſemblies, and Miniſters of the Goſpel ſhould foreign and exceed the limits and bounds of their calling, if they p. 559ſhould meddle with theſe; as the Church ſhould exceed their bounds, if they ſhould make Canons touching the way of ſayling, painting, tilling the earth according to ſuch and ſuch principles of Art, for theſe are without the ſphere of the Churches activity; in this conſideration that learned and grave Divine Doctor Andrew Rivetus in Decalo in c. 5. ſaith well, pag. 204. That as we beleeve a man well skilled in his owne Art, ſo that his judgement is a ſupream rule; ſo the ſupream authority of the Magiſtrate to us in things poſitive, is a rule; for indeed it cannot be denied but there be Arcana Imperi… ſecrets of State that are not to be communicated to Paſtors or to any, in which the Rulers have a ſupremacy. The Magiſtrate falleth under a ſecond conſideration, as he giveth out Lawes juſt or unjuſt, and executeth judgement in the morning, or ſuffereth the eyes of the poore, the widdow and Orphane to faile for went of juſtice; and in theſe he is not ſubject to the Church and Paſtors ſo, but only as if he ſinne in making Lawes, the Paſtors may humbly ſupplicate that he would recall thoſe unjuſt Lawes, and judge over againe righteous judgement, and this exhorting of the Paſtors is a ſubjecting of the Magiſtrate to the Paſtors quoad actus imperatos; ſo have Generall aſſemblies in the Church of Scotland humbly ſupplicated the King and Parliament to retreat Laws made againſt the liberties of the Church, in ſavour of Antichriſtian Prelates and Ceremonies; but quoad actus elicitos: The Church and Paſtors themſelves cannot uſurpe the throne, and give out civill Lawes that are righteous, and judge righteouſly: for the poor in the place of King, Parliament and Iudges; for in this alſo the judges are ſupream and independent, and ſubject only to God the Creator, as his Vicars and Deputies in Gods univerſall Kingdome of power called univerſale regnum potentiae, by Divines; they are Gods, and the ſhields of the world, and here only as they erre, not as they iudge, are they ſubject to rebukes and threatnings, and admonitions of the Church and Miniſters of the Goſpel: Even as the Magiſtrate may command the Paſtors to preach and diſpenſe the Sacraments aright, but the Magiſtrate himſelfe can neither preach nor diſpenſe the Sacraments:Courſe of conformity, part 3. pag. 146. ſo the Schoolmen ſay, that the actions of the underſtanding depend on the will, quoad excercitium, the will may ſet the mind to think on this or that truth; but not quoad ſpecificationem. The will it ſelfe can neither aſſent, nor diſſent from a truth, nor can the will p. 560command the mind to aſſent to a known untruth, or diſſent from a known truth; the mind or underſtanding naturally doth both, and this diſtinction holdeth in acts of the civill power, and in acts meerly Eccleſiaſticall▪ The third conſideration of the Chriſtian Magiſtrate is as he is a man, and a member of a Chriſtian Church who hath a ſoul to be ſaved, and in this, he is to ſubmit to Paſtors, as thoſe that watch for his ſoul, Heb. 13. 17. as others who have ſouls to be ſaved.

X. Aſſ. Hence I am not affraid to aſſert a reciprocation of ſubordinations,Reciprocation of ſubordina…ns between Church and Magiſtrate. between the Church and the Magiſtrate, and a ſort of collaterality and independent ſupremacy in their own kind common to both, for every ſoul, Paſtors and others, are ſubject to the Magiſtrate as the higher power, in all civill things, Rom. 13. 1, 2, 3, 4. Tit. 3▪ 1. 1 Pet. 2. 13, 14. Mat. 22. 21. and all members of the common-wealth, being members of the Church in ſoul-matters, are ſubject to the Church and Paſtors in their authoritative diſpenſing of Word, Sacraments and Church cenſures: Nor are any Magiſtrates or otherA…t. Walens, p. 2. de quatenus paſtor ſubjiciatur magiſt. pag. 15, 16. Iac. Trig. diſſer. Thel. de poteſt. civ. & Eccleſi. c. 5. pag. 124. profeſſ. Leyden in Syno. purioris. Theol. diſ. de diſc. Eccleſi. & de magiſtrati. Zipperus de p…lit…a Eccleſiaſt. l. 3. c. 13. Calvinus Inſti. l. 4. c. 11. Pet. Cabel Iavins in apol…g…tico Reſcript pro libert. Eceleſi. c. 6. p. 79. M. Cot. in a Model of Church and civill power. P. Matyr. loc. Communi. l. 4. c. 13. D. Pareus in prefat. ad h…ſeam. Epiſt. ad langravi. Auguſt. confeſſ. Artic. de pot…ſt. Eccleſi. Helv. confeſſ. Anno 1566. Art. 18. Suevica confeſſ. Art. 13. Saxonica Art. 12. Anglic. fol. 132. Scotic▪ confeſſ. who have ſouls excepted, Heb. 13. 17. Mat. 16. 19. Mat. 18. …8. Joh. 20. 21. Act. 15. 20, 21, 22, 23. Mat. 10. 4…, 41, 42. So Proteſtant writers who have written on this ſubject Teach: As the learned Walens, judicious Trig. that moſt learned Divine, And. Rivetus; the grave and learned profeſſors of Leyden, Zipperus, Calv. Petr. Cabel Javi…, reverend and pious M. Iohn Cotton, judicious P. Mar. D. Pareus, all the Proteſtant confeſſions. The Auguſtine confeſſion diſtinctly of Helvetia. The confeſſion of Sweden, the Saxon. The Engliſh confeſſion and that of Scotland, all our Divines; while Eraſtus, Ʋtenbogard, Hu. Grotius, Vedelius, (Bullinger, Gualth…rus, going before them; yet not every way theirs) did teach the contrary. The Arminians in Holland did thus flatter the Magiſtrate for their owne politick ends, and ſome Court Divines made the King of England Head of the Church, in the place of the Pope, which P. Mar. excuſed and expounded benignly; ſome ſay it is againſt reaſon that there ſhould be two ſupream collaterall powers, and eſpecially in a mutuall ſubordination. But can we deny this reciprocation of ſubordinations? it is evident in many things; if the King be in an extream feaver, p. 561one of his own ſubjects, a skill'd Phyſitian forbiddeth him to drink wine, the King is to obey him as a Phyſitian, by vertue of the ſixth command, as the King would not kill himſelfe: And yet by vertue of the fifth command, the Phyſitian being the Kings ſubject, is ſubject to the Laws of the King. The Queen of Scotland as a wife, was to be ſubject to her Husband in the Lord, as the Word of God commandeth, Epheſ. 5. 22. and her owne Husband not being King, but a ſubject, was to obey his Wife, the Princes and ſupream Magiſtrate according to the Word of God, Rom. 13. 1. 1 Pet. 2. 13, 14. Tit. 3. 1. Yea, all Arts have a ſort of collaterall and co-equall dignity, and we are to believe a skilled Artiſt in his owne Art, though this Artiſt be a ſervant, a vaſſal, a ſlave to thoſe who do yeild to him in his owne Art.