The Divine Right of Church Government and Excommunication, Religious polemic · Chapter 26 – Chapter 27
CHAP. XXVI.
Queſt. 22.
Whether appeals are to be made from the Aſſemblies of the Church, to the civill Magiſtrate, King or Parliament? and of Paul his appeal to Ceſar.
FOr the clearer explanation of the queſtion, its poſſible theſe conſiderations may help to give light, 1. There be theſe opinions touching the point: Some exclude the Magiſtrate from all careBellarmine de laicis c. 17. c. 18. of Church-diſcipline, …. As Ieſuits and Papiſts will have Princes not to examine what the Church, the Pope and the curſed Clergy of Rome decrees in their Synods. To theſe the Sorboniſts of Paris oppoſe, and the Parliament of France cauſe to be burnt by the hand of the hangman, any writings of Ieſuits that diminiſheth the juſt right of the Magiſtrate. 2. Thoſe who in the Low-countries did remonſtrate under the name of Arminians, as they are called, hold, that the Magiſtrate ought to tollerate all Religions, even Turciſme and Iudaiſme not excepted, becauſe the conſcience of man cannot be compelled: Some of them were Socinians▪ as Henry Slatius, who ſaith right downe, he that uſeth the ſword, or ſeeketh a Magiſtracy▪ Slatius i… aperta declaratione. p. 53. Magiſtratus non valet ſub pena… terne condemnation is gladio uti, aut dominatum petere, quiſquus id facit, Chriſtianus non eſt. Welſing. lib. de offici… homi. Chriſtiani. p. 1. Sim. Epiſ. diſ. 13. c. 18. 19. Divers opinions of the Magiſtrates power in cauſes Eccle…iaſticall.is not a Chriſtian; yea, war is againſt the command of Ieſus Chriſt, or in any tearms to kill any; ſaith Henry Welſingius, Epiſcopius their chief man will have the Magiſtrate, going no further then reall or bodily mulcts or fines, Ioan. Geiſteranus pronounceth it unlawfull to be a Magiſtrate to uſe the ſword: But all ſay the Magiſtrate ought not to uſe the ſword againſt Hereticks, Blaſphemers, Idolaters, or againſt any man, for his conſcience or Religion. 3. Thoſe that think the Magiſtrate bear the ſword lawfully, yet do confine him to the defence of the halfe of Gods Law, the duties of the ſecond Table, and not to theſe all, but to ſuch as border not directly on conſcience; for if ſome ſhould ſacrifice their children to Molech and Devils, as ſome do, the Magiſtrate were not to puniſh them, it being a joynt of their Religion and a matter of conſcience: and all theſe will be found to give to the Magiſtrate as the Magiſtrate, juſt as little as Ieſuits do in the matters of Religion, and that is right downe nothing, except poſſibly the Magiſtrate be of their Religion only, whom he Governs only as a Chriſtian man; the Magiſtrate hath more with theſe, then with Papiſts. 4. Eraſtus giveth all in Doctrine and Diſcipline, both in power and exerciſe to the Magiſtrate, even to the diſpenſing of Word and Sacraments. 5. Others forſaking Eraſtus in a little, But following him in the main, deny power of order. 2. Power of internall juriſdiction granteth to him all the externall government of the Church. 6. We hold that the Magiſtrate keeps both Tables of the Law, and that he hath an inſpection in a civill coactive way, in preſerving both Tables of the Law; but that he is not as a Magiſtrate a member of the Church, but as a Chriſtian only.
2. The exerciſe of Diſcipline is one thing, and the exerciſe of it, (as the modus) the way of exerciſing of it, either in relation to Eccleſiaſticall conſtitutions, or in relation to the politick and civill Laws of a Common-wealth, is a far other thing.
3. As the Church is to approve and commend the juſt ſentence of the civill judge in puniſhing ill doers, but only conditionally in ſo far as it is juſt, ſo is the magiſtrate obliged to follow, ratifie, and with his civil ſanction to confirme the ſound conſtitutions of the Church: But conditionally, not abſolutely, and blindely, but in ſo far as they agree with the Word of God.
4. Hence there is a wronging of the Church as the Church, and a civill wronging of the Magiſtrate as the Magiſtrate, or of the members of the Church as ſuch, or of the members of the Common-wealth as ſuch, the former and the latter both cannot belong to one judicature: No more then the failing of a Painter againſt the precepts of Art, becauſe he hath drawn the colours, proportion, and the countenance beſide the ſamplar, and the failing not againſt Art, but againſt the Lawes of the King, in that he hath laviſhed out too much gold in the drawing of the image, doth belong to one judgement; for the Painter as a Painter, according to the Law of Art, muſt judge of the former, and the Magiſtrate as a Magiſtrate of the latter.
5. An appellation is one thing, and the complaint of an oppreſſed It is one thing to complain to the Magiſtrate, another thing to appeal. What an appeal is.man is another thing; or a provocation to a competent judge is one thing, and the refugium, the refuge and fleeing of an oppreſſed man to a higher power, is another thing; if the Church erre and fail againſt the Law of Chriſt in the matter, and decree, the man to be a heretick, who is none, and that to be hereſie which is truth; the oppreſſ…d man in a conſtituted Church may have his refuge to the godly Magiſtrate and complain, but he cannot appeal, for an appellation is from an erring judge to an higher judge, in eadem ſ…rie, in the ſame nature and kinde of judicatures, as from a civill Court to a higher civill Court, and from an Eccleſiaſticall Court to a higher; as ſuppoſe the Church of Antioch judge that the Gentiles muſt be circumciſed, the godly there may appeal to the judgement of Apoſtles and Elders, in a Councell conveened from Antioch and Ieruſalem both: and therefore becauſe the Magiſtrate can no more judge what is hereſie, what truth, as a Magiſtrate, then he can diſpenſe Word and Sacraments; an appeal cannot be made to him, who is no more a judge, ex officio, nor he can diſpenſe the Sacraments ex officio, but a complaint may be made to the Magiſtrate; if the Church fail in their judging, the Magiſtrate is to command the Church to judge it over againe, but the Magiſtrate cannot judge it himſelf; as there is a complaint made to the Magiſtrate that the P…inter hath not drawn the image exactly, according to the ſamplar, the Magiſtrate judgeth not of the Art of the Painter, nor can the Magiſtrate as the Magiſtrate draw the image himſelfe; But the Magiſtrate may judge of the Painters breach of promiſe, who did …action to draw it exactly according to the ſamplar, and hath not kept faith to the man who payeth him wages; and therefore the Magiſtrate may either puniſh his▪ morall error, his breach of promiſe, not his error of Art, (the faculty or company of Painters muſt judge of of that) or then command the Painter to paint the ſame image again, according as the Painter convenanted: But it may be objected, You then make the Magiſtrate to meddle no more with matters of faith, and preaching truth or falſehood, and giving out Eccleſiaſticall rules in Church government, as Act. 15. then he meddleth with painting according to the principles of Art; now painting according to Art belongeth not at all to the conſcience of the Magiſtrate, but ſound preaching; right ruling in Gods houſe, belongeth in a far nearer relation to the conſcience of the godly Magiſtrate. I Anſwer, As touching the formall judging Eccleſiaſt…cally, and as concerning this, that the Magiſtrate ſhould ſay, it ſeemed good to the Holy Ghoſt, and to me▪ or his diſpenſing of Word and Sacraments, or his burning incenſe before the Lord, it no more belongeth to him as a Magiſtrate, to do theſe in his owne perſon formally; becauſe God hath not called him to act theſe, then it belongeth to him to paint an Image, to ſew ſhooes, to ſi… at the helme of a Ship, and ſtir and guide her to ſuch a Port, as is clearer, Heb. 5. 4. 1 Cor. 7. 17. 21. Rom. 10. 14. 1 Tim. 5. 17. and 3. 1, 2, 3. Act. 13. 23. and 20. 28, 29, 30. Heb. 13. 17. 2 Chro. 26. 18, 19, 20, 21. But in another conſideration, as ſound or unſound diſpenſing of Word and Sacraments, as right or unjuſt ruling in the houſe of God, may more or leſſe hurt, or benefit the ſouls of men, which he is to care for indirectly, in ordine ad penas vel premia civilia et corporalia; it belongeth more to the Magiſtrate, to take care of the Church, of Religion, of preaching and, governing Gods houſe, then any painting or Arts in the earth:Refuge to the Magiſtrate, is not an appeal. Again, the Church proceeding in theſe things, that are againſt common iuſtice in all judicatures, no leſſe then in the Church, as to condemn the party never heard, or not convinced, either by confeſſion, or under two ſufficient witneſſes, or to do manifeſt unjuſtice in the manner of proceeding, leaveth a clear place to the wronged party, by the Law of nature▪ if not to appeal▪ yet to flee and have re-courſe to the Chriſtian Magiſtrate, who is Par…ns Patrie▪ the father of the Common wealth▪
6. The queſtion may▪ either be of any really▪ wronged by the Church whether he may appeal to the Magiſtrate, or whether he who either beleeveth, or thinketh, or falſly lyeth, and ſaith that he was wronged, may appeal to the Magiſtrate.
7. An Appeal is different from a Declinature, a Declinature is properly a refuſing to be judged, becauſe the judge is incompetent, and the buſineſſe belongeth not to him; thoſe who follow Eraſtus, and deny all power of cenſures to the Church, doe decline, but not appeal from the Church, thinking the Church hath no power at all to judge or cenſure the ſcandalous. An Appeal is properly from the ſame inferiour judicature, to a ſuperiour judge, in eadem A twofold appeal.ſerie, in the ſame kind, and it is either proper or unproper: Proper it is, when a particular Church doth appeal to a Synod of many Churches in the ſame place: Unproper, when either a wronged perſon hath recourſe to one or many Paſtors of Authority, as Chryſoſtome, Flavianus, Athanaſius appealed to the Biſhop of Rome, that he would requeſt the Church to proceed orderly: Or, 2. The godly Magiſtrate would command that the Church would unpartially proceed to right an oppreſſed man, as Cabeljavius ſaith. Or, 3. When there is no Synods to be had, then as Triglandius De Lib. Eceleſ. c. 9. p. 134, 135. Iac. Trig. de civili & Eccleſiaſtic. poteſt. …. 20. p. 420. 421.ſaith well from Beza, the Chriſtian Magiſtrate may provide …it meanes of releeving the oppreſſed.
8. This would ever be remembred, that in caſe of the Churches erring in judgement, which muſt be thought of as a ſort of extraordinary caſe, the godly Magiſtrate may do more, then what ordinarily he can doe; and ſo may the Church, when the Magiſtrate oppreſſeth in judgement, as great Iunius ſaith.
9. We grant when any complaineth to the Magiſtrate, that they are oppreſſed in judgement by the Church, that the Church is obliged to give an account of their doings, but that from common charitie to remove the ſcandall, and that they owe to all Chriſtians, as may be evidently collected from 1 Pet. 4. 15. but this will not prove a ſubordination to common Chriſtians as to Iudges, nor yet to the Magiſtrate. 2. The Magiſtrate, when his judging is deemed ſcandalous, is to give an account to the preachers of the Goſpel, who watch for his ſoul: as King Saul gave an account to Samuel, (with a falſe Apologie, I grant) that he had obeyed the Commandement of the Lord; but if Saul had been faultleſſe in ſparing …gag and the cattell, yet was he obliged to give an account to Samuel. But that will not prove that King Saul was ſubordinate to Samuel to be judged of him, becauſe Prophets are but ſervants and Miniſters to declare Gods will, yet is it all the ſubordination that we require in this, according to that, And the people beleeved the Lord and Moſes. Now all the Arguments before alledged to prove that Paſtors as Paſtors are not ſubordinate in their paſtorall acts to the civill Magiſtrate, do alſo prove that there is no appeal from the Church in an Eccleſiaſticall buſineſſe to the civill Magiſtrate: For 1. If two Painters contend touching any controverſie in the myſterie of their Art, they cannot appeal to the King as Iudge; the King then ſhould formally be a painter, and which is abſurd, not by accident; but as a King and ſo here, if the King were the judge, to whoſe determination we might appeale from the Church in a Church controverſie, ſure the King as King ſhould be a Church Officer: if the Prieſts in controverſie touching burning incenſe, or offering ſtrange fire to God, ſhould appeal to the deciſion of the King as the King; ſure the King in that as King ſhould be an eminent High Prieſt, and right of burning incenſe to the Lord, ſhould belong to him, in as farre as the Kings lips in that controverſie ſhould preſerve knowledge, and they ſhould ſeek the Law from his mouth, which is proper to the Prieſts, Mal. 2. 7. Ezek. 22, 26. and 44. 23, 24. Deut. 17. 11.
2. The Church of Antioch ſhould have appealed to Ceſar, if he had been a Chriſtian, in the controverſie touching circumciſion; he ſhould have determined who were perverters of ſouls, who not, and ſhould have ſaid by his office, as Emperour, It ſeemed good to the holy Ghoſt and to me. 3. We have not any practiſe, or precept or promiſe in the Old or New Teſtament, for any ſuch appeal, except they ſay, all hard queſtions belonging to the Prieſts office were to come before Moſes as a civill Magiſtrate, and not as the great Prophet to whom God revealed his minde. 4. If ſo, then all Church controverſies in doctrine and diſcipline, ſhould be ultimately reſolved into the will of the Magiſtrate, ſpeaking according to the word, and faith in moſt points ſhould come by hearing a Magiſtrate determining againſt Arrius, that Chriſt is God conſubſtantiall with the Father, and all binding and looſing in Earth as in heaven, ſhould be from the Magiſtrate as the Magiſtrate, he ſhould forgive and retaine ſins, and Chriſt ſhould have given the keyes of the Kingdome of Heaven to the Magiſtrate as the Magiſtrate, certainly we ſhould have the doctrine of the Church of Chriſt, and the building and edifying thereof moſt obſcure in the New Teſtament, in which there is not one word of ſuch a ſupream and chiefe officer as the Magiſtrate. 5. The Parliament, colledge of civill judges, as they are civill Magiſtrates, ſhould be the Church aſſemblies, and determine all doctrines, debarre the ignorant and Hereticks, and Apoſtates from the Sacraments, and totally caſt them out of the Church and excommunicate them; I ſee not but then the Parliament as the Parliament is the Church, and the two Kingdomes, Ioh. 18. 36. muſt be confounded, and no difference at all made between the civill ſtate and the Church, becauſe the Magiſtrate as the Magiſtrate is made by the adverſaries the chiefe officer over the Church, the Eccleſiaſticall head, the mixt Governour, halfe civill, whole Eccleſiaſticall, in whoſe power all Paſtors, Elders preach, diſpenſe Sacraments, make Church-canons, as his Miniſters and Servants; Chriſt when any brother treſpaſſeth againſt a Chriſtian brother ſaith, Tell the Church, never, Tell the chriſtian Magiſtrate. But truly it is a great miſtake in the learned Mr. Pryn to call them Anti-Monarchicall, Anti-Parliamentary, and Novators, who deny that the Parliament hath any Nomothetick power in Church-canons. Nor hath hee in any meaſure anſwered the Arguments of thoſe Learned and godly Divines, Mr. Iohn Goodwin, and Mr. Hen: Burton; he is pleaſed to cite the practiſe of many Parliaments of England, who laudably impatient of the Popes yoke, have made Church-canons, when the man of ſin ſate upon the neck of the Chriſtian church; but theſe numerous citations of Parliaments and Councels in time of Popery conclude nothing againſt us, who grant when the Church is not her ſelfe, the chriſtian Magiſtrate may extraordinarily reform and take from the man of ſin his uſurped power, but in a conſtituted Church the caſe muſt be otherwiſe: and 1. Whereas he proveth Emperors and Kings to have a power to Mr. Pryn his Truth Triumphing ſect. 2. and 3. p. 7, 8, &c.convocate Councels; It hath not ſtrength againſt us, all our Divines teach ſo. But how, 1. an accumulative civill power, ſo Iewel, Alley, Bilſon, Whitaker, Willet, White, Roger, he might have cited more; but no privative, no Eccleſiaſticall power, ſo as Synods may not lawfully conveen without the command of the civill Magiſtrate; our Divines ſay many Synods and Church meetings were in the Apoſtolique Church without the conſent and againſt the will of the civill Magiſtrate; our Divines oppoſe the Pope, who claimeth the only accumulative, civill, privative, and Eccleſiaſtick power to convocate Synods, and that no Synods are lawfull without the conſent and mandate of the holineſſe of ſuch a Beaſt. 2. Maſter Prinne ſaith, The Magiſtrate hath power to direct, for 16. Sect. 13▪ 14, 15, 16.time and place, and to limit for matter and manner, the proceedings, liberty and freedome of all Church Aſſemblies: But, 1. he aſſerteth this in the moſt, from corrupt practiſes. 2. He proveth, Laymen ſhould have hand as well in Synods, as Clergymen, the one having intereſt Prinne. Truth Triump. p. 31. The Magiſtrates puniſhing, or his intereſt of faith proveth him not be a judge in Synods.in the faith, as well as the other. Anſ. Then muſt all the people be members of Synods, for all have alike intereſt of Faith: but this proveth not intereſt of defining, which is the queſtion; in diſpenſing Word and Sacraments, they have intereſt of trying all things, as well as Paſtors: but it followeth not; Ergo, they may diſpenſe Word and Sacraments, no leſſe; yea, more principally then Paſtors, as Eraſtus ſaith, the Magiſtrate more principally determineth Synodicall conſtitutions: Hence this is eaſily anſwered, we may appeal in Church buſineſſe to him as to the ſupream judge, who may puniſh the erring Church and Paſtors; but the Magiſtrate may in Church buſineſſe do this: For anſwer, 1. I retort it, the Magiſtrate in making civill Lawes, that muſt in their moralitie be determined by the Word of God, may appeal to Paſtors, whoſe lips by office ſhould preſerve knowledge; Ergo, the Magiſtrate in making civill Lawes, may appeal to the Paſtor, which is abſurd. 2. If men in Church-conſtitutions may appeal to the Magiſtrate, as to one who may in his perſon determine Synodically in Aſſemblies above all the Paſtors, 1. Becauſe Magiſtrates may puniſh the Paſtors erring and oppreſſing in Synods. 2. Becauſe the Magiſtrate and all laymen have intereſt in the faith, as well as Paſtors, then may people in hearing the Word and receiving the Sacraments, and in all Paſtorall rebukings and threatnings, in believing of all Goſpel promiſes and threatnings, and fundamentall truths, appeal from Paſtors to Magiſtrates as Magiſtrates, and Magiſtrates as ſuch may determine all fundamentall truths, all conſcionall promiſes and rebukes; and that is, formally they may preach, (for he that can diſtinguiſh theſe hath a good engine) Becauſe Magiſtrates may puniſh hereticall preaching, and ſuperſtitions, and idolatrous abuſing of the Sacraments by preachers, and Magiſtrates and all Laymen have intereſt of Faith, in Word, Doctrine, and Sacraments, as in Diſcipline; yea, the Magiſtrate may puniſh the Prieſt that offered ſtrange fire to the Lord, offered baſtard incenſe; and the people had their intereſt of ſaith, in ſacrifices offered for their own ſins: but can it follow, therefore the Magiſtrate might ſacrifice and burne incenſe in his own perſon, as Mr. Pryn will have him to make Churchlaws in his own perſon: Other Arguments of Mr. Pryns are light;Truth triumphing, ſect. 2. 31, 32. as, that there were brethren, and Lay-men that had hand in the Councell at Hieruſalem, Acts 15.
Anſ. This is nothing for Magiſtrates as Magiſtrates, but all Chriſtians as Chriſtians ſo muſt have hand in Synods, which I grant in ſo far as concerneth their faith and practiſe, that they try all things, and try the Spirits whether they be of God or not; but will it follow, Ergo, Magiſtrates as Magiſtrates are thoſe only who govern the Church, and make all Eccleſiaſticall conſtitutions, as having in them all power of Eccleſiaſticall jurisdiction, and deriving it to Biſhops and Paſtors at the ſecond hand, as Mr. Pryn ſaith in the ſame booke.
Obj. But the King is head of the Church; Ergo, he maketh lawesPage 31. to regulate the Family.
Anſ. The Antecedent is falſe, if not blaſphemous; it is proper to Ieſus Chriſt only, Col. 1. 18. Eph. 1. 22. The King is the head of men, who are the Church materialiter, he is not formally as King, Head of the Church as the Church; and therefore we ſee not how this Statute agreeth with the Word of God, Henric. 8. Stat. 37. c. 17. The Archbiſhops, Biſhops, Arch-deacons, and other Eccleſiaſticall perſons have no manner of Iurisdiction Eccleſiaſticall, but by, under, and from the Kings Royall Majeſty, the onelyonly and undoubted ſupream head of the Church of England and Ireland, to whom by holy Scripture is given all authority and power, to hear and determine all manner of cauſes Eccleſiaſticall, and to correct all vice and ſin whatſoever▪ for neither is the ſubject, the Archbiſhops, Biſhops, &c. lawfull, nor is the limitation of the ſubject lawful, for Eccleſiaſticall officers are the Ambaſſadors of Chriſt, not of the King.
Obj. All Chriſtians are to try the Spirits▪ Ergo, Much more Magiſtrates.
Anſ. This proveth that Chriſtians as Chriſtians, and Magiſtrates as Chriſtians, may judge & determine of all things that concerneth their practiſe, and that they are not with blinde obedience to receive things; Mr. Pryn cannot ſay, that 1 Iohn 4. 1. is meant of a Royall, Parliamentary, or Magiſtraticall tryall, Iohn ſpeaketh to Chriſtians as ſuch: But this is nothing to prove the power of the Magiſtrate as the Magiſtrate, for thought the man were neither King nor Magiſtrate, he ought to try the Spirits, 1 Iohn 4. 1.Of Pauls appeal to Ceſar, that it proveth not that in Eccleſiaſticall controverſies we may appeal to Heathen or Chriſtian Magiſtrates as to Iudges of matters Eccleſiaſtick, from the Church.
The ſpeciall objection moved for Appeals is, that which Paul did in a matter of Religion, that we may do in the like caſe, but Paul, Acts 25. did appeal from a Church Iudge to a civill and a heathen Iudge, in a matter of Religion, when he ſaid before Feſtus Acts 25. I appeal to Ceſar; Ergo, ſo may the Miniſters of Chriſt far more appeal to the Chriſtian Magiſtrate, and that Paul did this jure, by Law, not by Priviledge, but by the impulſion of the Holy Ghoſt, is clear, in that he ſaith, He ought to be judged by Ceſar; ſo Maccovius, ſo Videlius, ſo Vtenbogardus, ſo Eraſtus.
Anſ. 1. This Argument, if it have nerves, ſhall make the great Turk, when he ſubdueth people and Churches of the Proteſtant Religion, to be the head of the Church; and as Eraſtus ſaith, by his place and office as he is a Magiſtrate, he may preach and diſpenſe the Sacraments, and a Heathen Nero may make Church conſtitutions, and ſay, It ſeemed good to the holy Ghoſt and to me; and by this, Nero by office is to excommunicate, make or unmake Paſtors and Teachers, judge what is Orthodoxe Doctrine, what not, debarre hereticks, Apoſtates and mockers from the Table, and admit the worthie; and Paul the Apoſtle muſt have been the Ambaſſador and Deputie of Nero in preaching the Goſpel, and governing the Church, and Nero is the mixt perſon, and inveſted by Ieſus Chriſt with ſpirituall juriſdiction, and the keyes of the Kingdom of Heaven. This Argument to the Adverſaries cannot quit its coſt, …or by this way Paul appealed from the Church in a controverſie of Religion, to a Nero, a Heathen unbaptized Head of the Church, and referred his faith over to the will, judgement, and determination of a profeſſed Enemy of the Chriſtian Church; and Paul muſt both jure by the Law of God, and the impulſion of the Holy Ghoſt, appeale from the Church to a Heathen without the Church, in a matter of Religion and Conſcience; then Nebuchadnezzar was head of the Church of Iudah, and ſupreame judge and governour in all cauſes and controverſies of Religion, how can we beleeve the adverſarie, who doe not beleeve themſelves? and ſhall we make Domitian, Diocleſian, Trajan, and ſuch heads of the Church of Chriſt?
2. It is not ſaid that Paul appealed from the Church or any Eccleſiaſticall judicature to the civill judge; for Paul appealed from Feſtus who was neither Church nor Church officer, and ſo Paul appealeth from an inferiour civill judge, to a ſuperiour or civill judge, as is clear, Acts 28. 6. And when Feſtus had tarried amongſt them more then ten dayes, he went downe to Ceſarea, and the Paul appealed from an inferiour civill judge to a ſuperiour civill and heathen judge, in a matter of his life, not in a matter of Religion.next day ſitting in the judgement ſeat, commanded Paul to be brought, verſ. 10. And Paul ſaid, I ſtand at Ceſars judgement ſeat, where I ought to be judged; he refuſed, v. 9, 10. to be judged by Feſtus at Ieruſalem, but ſaith, v. 11. I appeal to Ceſar: Now he had reaſon to appeal from Feſtus to Ceſar, for the Iews laid many grievous complaints againſt Paul, which they could not prove, verſ. 7. And it is ſaid verſ. 8. That Feſtus was willing to doe the Iewes a pleaſure, and ſo was manifeſtly a partiall Iudge; and though the Sanedrim at Ieruſalem could have judged in point of Law, that Paul was a blaſphemer, and ſo by their Law he ought to die, for ſo Caiphas and the Prieſts and Phariſees dealt with Ieſus Chriſt, yet his appeal from the Sanedrim, 1. corrupted, and having manifeſtly declared their bloodie intentions againſt Paul. 2. From a Sanedrim in its conſtitution falſe, and degenered far from what it ought to be by Gods inſtitution, Deut. 17. 8, 9, 10. it now uſurping civill buſineſſe, which belonged not to them; Paul might alſo lawfully appeal from a bloodie and degenerating Church judicature, acting according to the bloodie luſts of men againſt an innocent man, to a more unpartiall judge, and yet be no contemner of the Church; this is nothing againſt our Theſis, which is, that it is not lawfull to appeal in a conſtituted Church, from a lawfull unmixt Church Judicature to the civill Magiſtrate in a matter of life and death. 3. Paul appealed from the Sanedrim, armed with the unjuſt and tyrannicall power of Feſtus, a man willing to pleaſe the bloodie accuſers of Paul, as is clear, v. 9. And Feſtus willing to doe the Iewes a pleaſure, anſwered Paul and ſaid, Wilt thou go up to Ieruſalem, and there be judged of theſe things before me?
3. The cauſe was not properly a Church buſineſſe but a crime of bodily death and ſedition; I deny not but in Pauls accuſation, prophaning of the Temple, teaching againſt the Law of Moſes was objected to him. Materialiter the enemies made the cauſe of Paul a Church buſineſſe, but formally it was ſedition. 1. It was a buſineſſe for which the Sanedrim ſought Pauls life and blood, for which they had neither authority nor Law by divine Inſtitution, therefore they ſought the helpe of Felix, Feſtus and the Roman Deputies; ſo Lyſias vvrote to Felix, Act. 23. 29. I perceived Paul to be accuſed of queſtions of their law, but to have nothing layd to his charge worthy of death, or of bonds: Now it is clear the Roman Deputies thought not any accuſation for the Iewiſh Religion a matter of death and bonds, and therefore Gallio the Deputie of Achaia, Acts 18. 14. ſaith to the Iewes, if it were a matter of wrong and wicked lewdnes, O yee Iewes, reaſon were that I ſhould bear with you. 15. But if it be a queſtion of words and names, and of your Law, looke yee to it, for I will be no judge of ſuch matters; Ergo, to the Romans, all the blaſphemies of the Iewiſh law was not a matter of wicked lewdneſſe, nor of death: Now the ſtory is clear, they were ſeeking Pauls life, and for names and words, the Iewes ſhould not reach Paul, nor move the Romans to put to death a Roman, except they could prove ſedition or treaſon againſt him; and Acts 25. Feſtus ſaith to Agrippa, That the Prieſts and Elders deſired to have judgement againſt Paul. 18. But againſt him they brought no accuſation of ſuch things as I ſuppoſed. 19. But had certain queſtions againſt him of their owne Superſtition, and of one Ieſus, who was dead, whom Paul affirmed to be alive: Here it is clear, all are but words, nothing worthy of death, which the Iewes chiefly intended; therefore they accuſe him of treaſon, as we may collect from Pauls Apologie, Acts 25. 8. Neither againſt the Law of the Iewes, neither againſt the Temple, nor yet againſt Ceſar have I offended any thing at all. Therefore Act. 24. Tertullus a witty man burdeneth Paul with that which might coſt him his head, v. 5. For we have found this man a peſtilent fellow, a mover of ſedition amongſt all the Iewes, throughout all the world, ſee Acts 21. 38. of all which, though blaſphemy according to the Iewiſh Law was ſomething, yet ſedition to the Romans, who only now had power of Pauls life, was all and ſome; and when the Deputies counted ſo little of Religion, the Iews knew ſedition and treaſon againſt Ceſar behooved to do the turn, and Paul, ſeeing they purſued him for his life, appealed to Ceſar to be judged in that. Now, except the adverſaries prove that Paul referred the reſurrection of Ieſus, and of the dead, and his preaching Chriſt, and the aboliſhing of ſacrifices, the Temple, the Ceremoniall Law, to be judicially determined by Nero as by the head of the Church, they prove nothing againſt us: Hence their chiefe argument is ſoone anſwered; in what cauſe Paul was accuſed of the Iews, in that he appealed to Ceſar: But he was accuſed not for his ſedition, but for his Doctrine, Act. 26. 18. Ergo, Paul appealed to Ceſar in the cauſe of Doctrine, not of ſedition: For, 1. The Major is dubious, for in what cauſe he was accuſed of his head, which was the intent of the Iews in that he appealed, true; but in what cauſe he was accuſed, in all and every Article of the points of his accuſation and challenge, I deny that; for as touching doctrinals, and his being judged by a lawfull Church, and rightly conſtituted, he appealed neither from the Sanedrim, nor from Feſtus, but declined Festus, nor in theſe did he appeal to Ceſar; he only appealed in all caſes, which might concern his head and blood. 2. The aſſumption is falſe, for he was accuſed of ſedition, as is evident from Act. 25. 8. and 24. 5. 3. Though the Prieſts and Elders were moſt corrupt men; yet that they believed, that Ceſar, or bloody Nero his lips ſhould preſerve knowledge, and that the Law ſhould be ſought from the mouth of Nero, as the head of the Church, can never be proved, which muſt be proved to juſtifie Pauls appeal in the tearms of the adverſary.
Obj. But may not Nero accuſe Paul, that he dare preach his Ieſus Chriſt in the Emperours dominions?
Anſ. If his dominions be the Chriſtian Churches conquered by his ſword, he may accuſe as he conquered, that is he may oppreſſe the conſciences of men in accuſing, as he oppreſſed them in their bodies and liberties in the conquering of them: But he may notWhat power a conquerour hath to ſet up a religion in a conquered nation. as a conquerour accuſe them for their conſcience, he may if he conquer thoſe that worſhip Sathan, cauſe inſtruct them in all meekneſſe and lenity: But this he doth by the ſword as a Chriſtian ruler, to inlarge the dominions of Chriſt; for when … conquereth their bodies, it is not to be thought that he conquereth their ſouls, or acquireth any new dominion over their conſ…i…nces: But though he do as a Magiſtrate command them to be inſtructed, I doubt if he have a negative voice in impoſing any Religion that he will, though they be heathens, though ſome learned Divines ſay be have a definitive voice, in ſetting up what Religion he will or tollerating it; I conceive, though he have a definitive voyce in erecting the only true Religion in his heatheniſh dominions, when there be no Miniſters of the Goſpel there; yet not for any falſe Religions, that being of perpetuall truth, God never gave authority or power of the ſword to do ill, ad malum non eſt poteſtas: what other things Videlius and Vtenbogard have on the contrary, are anſwered: HenceVidelius de Epiſcopat. Conſtant. p. 77. Vtenbogard. p. 33. we ask, 1. If the intrinſecall end of judging and cenſuring Eccleſiaſtically, be not the inlightning of the mind, the gaining of ſouls; and if Nero, or Chriſtian, or Heathen Magiſtrates, be appointed for that ſpirituall end? 2. If Paul aymed to refer the judging of the Goſpel to Nero? 3. If Paul knowing the Sanedrim ſought his blood, not the gaining of his ſoul, might not appeal to the Magiſtrate to ſave his life? 4. If it was not the Law of natures dictate in Paul ſo to do, and not any poſitive conſtitution of the Magiſtrates Headſhip over the Church and Goſpel? 5. If the Eccleſiaſticall judicature will ſwell without its ſphere of activity, to diſpoſe of the life and blood of the Saints; if then the ſtate of the queſtion be not changed; and if then it be not lawfull to appeal and decline, and provoke to the civill Magiſtrate?
4. Moreover Paul appealed not to Ceſar, in ordine ad cenſuram au… pen…m Eccleſiaſticam▪ in order to a Church cenſure, as if he thought Ceſar ſhould principally excommunicate and caſt him out of the …ynagogue, or judge him in an Eccleſiaſticall way, whether he had done or preached againſt the Temple, and Law of Moſes or not, which muſt be proved, if the adverſaries will prove a proper appeal from the Church to the Prince, which is now our queſtion. All this which is our mind is well explained by our Countryman Ioh. Camero. prelectio, in Mat. 18. 15. p. 151. Chriſtiani principes ſunt precipui in Eccleſia in ſenſu diviſo, ſunt precipui et ſunt in Eccleſia, non in ſenſu conjuncto, non ſunt prec…pui Eccleſiaſtici: Non enim obtinent principes directe authoritatem Eccleſiaſticam, ſed indirectè▪ non quod velimus ulla in cauſa ullum eximi juriſdictione principis, ſed quia ejus juriſdictio non niſi per media Eccleſiaſtica pertinet ad conſcientiam, nempe, princeps non predicat Evangelium, non ligat et ſolvit peceatores, at de officio principis eſt dare operam, ut ſint qui predicent Evangelium, ut ſint qui ligent et ſolvant peccatores, uno verbo perinde principis eſt curare ſalutem animarum, ac eiuſdem eſt ſaluti corporum proſpicere, non eſt enim principis providere ne morbi graſſentur directè, eſſet enim medicus, at indirectè princeps id ſtudere debet, Itaque Collegium Magiſtratuum nullo modo Eccleſia dici poteſt, imo quatenus Magiſtratus eſt de Eccleſia, ſubjicitur hac in parte Collegio Eccleſiaſtico neque tamen iſta inter ſe pugnant, idem ut imperet Collegio Eccleſiaſtico, et pareat idem, imperat enim quemadmodum medi…o imperat Rex, paret ut medicao, nam ſi medicum facientem officium morte multet, non faciet quod decet ſapientem principem, ſed quod faciunt furioſi et inſani, ſin veneficum aſſiciat extremo ſupplicio, faciet quod jus et fas, et quod non facere ne…as eſſet. Sic imp…reges et inſani prophet as juſſerunt interfici, pius Rex et idem ſapientiſſimus David Nathanem exoſculatus eſt, Ceterum accipiatur Caute parendi verbum, Rex enim cum ſenatui Eccleſiaſtico paret, non paret illi obedientia civili quae Collegium reſpiciat, ſed obedientia Religioſa que deum reſpiciat. Sic qui lictori miſſo a ſenatu parebat non parebat lictori, ſed ſenatui. Yet it cannot be denied, but the ſame Camero aſcribeth more to the Magiſtrate then is due, for there is no reaſon why he ſaith the Prince obeyeth the Church unproperly, more then the people; for it is the ſame obedience that Prince and peopleCamero. prel…ct. in Mat. 16. v. 18. 19. Tu es p…trus. p. 17. yield, 2. He denieth that the Magiſtrate and Paſtors differ in their end and object, but only in the way and means leading to the end; and in the ſame doth that learned Divine Dav. Pareus, though both be againſt the Eraſtian way: for they ſay the Magiſtrates end and object, is not only peace and the good of the body, and of the externall man, but alſo of the ſoul even a ſupernaturall good, the externall ſalvation of men, becauſe the Kings of Iſrael and Iud…ls were to read the book of the Law, and they only did reform Religion: Anſ. This doth prove that the Church-teachers and Magiſtrate differ not in the materiall object and end, (of the Iewiſh Kings I adde nothing to what I have anſwered before) but in the formall end and object they differ: ItsDue right of Presbyteries. p. 435 436. 437 438. &c. true, I have ſaid that the intrinſecall end of the Magiſtrate is a ſupernaturall good: But, 1. That I ſpeak in oppoſition to the Author of the bloody Tenent, to Socinians, and ſuch as exclude the Magiſtrate from all meddling with Religion, or uſing of the ſword againſt Hereticks, Apoſtates, and Idolaters. 2. That I underſtand only of the materiall end, becauſe the Prince puniſhing Idolatry, may per accidens, and indirectly promote the ſalvation of the Church, by removing the temptations of Hereticks from the Church; but …e doth that, not in order to the conſcience of the Idolater, to gain …is ſoul, (for Paſtors as Paſtors do that) but to make the Church quiet, and peaceable in her journey to life eternall: but all this is but to act on the externall man by worldly power.
But ſaith Camero, it is not true that the Church muſt meddle with Camero, 16, 17. 18.every ſin that is ſcandalous; becauſe for the circumſtance it may be ſo hid, that the Church cannot judge it, eſpecially in a matter of fact: A Phyſitian killeth a man either of temerity or negligence, there is no queſtion but it is a great ſin; yet the tryall of this belongeth not to the Church: ſo the Paſtor may exhort the Magiſtrate to do his duty, but to give judgement what way the King ſhould do this, and when he ſinneth in this, belongeth to him who governeth the Common-wealth; for this muſt be true, eredendum eſt artifici in ſua arte, You muſt believe every man in his owne Art and calling, otherwiſe great confuſion ſhould follow.
Anſ. Obſerve that Camero doth liberate the Magiſtrate from being ſubject to the rebukes of Paſtors, but by accident; becauſe the ſins of Princes are hidden in the dark obſcurity of intricate cauſes which they judge: But ſo the ſins of Painters and tradeſmen are hid, becauſe judges ſee not the myſteries of trades. This is no Argument, but ſuch as will equally prove, that the poyſoning of a Kings ſon, belongeth not to the King and Parliament; for a medicinall and phyſicall trying, how the Phyſitian killeth a man, doth properly belong to the Colledge of Phyſitians; and if it belong not for this phyſicall reaſon to the Church court, becauſe it is not their Art to judge of medicinall potions, no more ſhall it belong to the civill judge to try this murther by poyſon: for as Paſtors as Paſtors are not Phyſitians, and ſo cannot judge of the fact; ſo Kings and civill judges, as ſuch, are not Phyſitians, and cannot judge for circumſtances of a fact of inceſt, murther, parricide, and of all ſins acknowledged to belong to both Church and Magiſtrate, in divers reſpects, may make the fact equally dark to all. 2. It is true Paſtors cannot preſcribe what way the Magiſtrate ſhould judge; but if the Paſtors cannot determine in hypotheſie, that this is a fact of unjuſtice in a judge, and ſo rebuke, but credendum artifici in ſua arte, we muſt believe the judge in his owne Art, he ſaith this is an art of juſtice: then Iſaiah and Ieremiah ſhould not cry out againſt unjuſt decrees, againſt cruſhing and oppreſſing the poor in the gate; becauſe the wickedſt judges ſay, all their decrees are juſt, they defend the fatherleſſe and widow, and do not cruſh them, and Paſtors cannot rebuke the ſins of unjuſt judges, but you muſt believe they do juſt and right in their owne art; yea, many villanies and ſcandals are carried ſo myſteriouſly, and in the clouds, that we muſt believe the ſinner in his owne art and trade of ſinning, and believe the harlot, who wipeth her mouth and ſaith, I have not ſinned. For the practice of Conſtantine the Great, in the cauſe of Donatus There were no appeals made to the godly Emperors of old. foreign.and Cecilianus I remit to Euſebius l. 10. c. 5. to Optatus Melivitanus who wrote the Hiſtory of the Donatiſts carefully, to Auguſtine Epiſtle 162. and for the determination of the queſtion, ſee what the Emperour writeth to the Councell of Nice, Zozome l. 1. c. 16. Ruffin. l. 1. c. 2. Euſebius in vita Conſtant, Deus vos conſtituit ſacerdotes et poteſtatem vobis dedit de nobis quoque judicandi et ideo nos a vobis recte judicamur, vos autem non poteſtis ab omnibus judicari, propter quod Dei ſolius inter vos exſpectate judicium, &c.
That Nectarius was choſen and ordained Biſhop of Conſtantinople by Theodoſius Socrates l. 5. c. 8. ſaith not, but by the contrary a centum et quinquaginta Epiſcopis qui tum aderant ordinatus. Theodoretus l. 5. c. 8. ſaith he was deſigned Biſhop by the Synod of Conſtantinople: Antiquity ſeemeth dubious in it, for Nicephorus l. 12. c. 12. Zozomen. l. 7. e. 8. Theodoretus. l. 5. c. 9. Hiſtoria tripartit. l. 9. c. 14. ſay that the Emperor ordained him, the Synod named him; the truth is, the Biſhops were devided in judgement; and its like they referred the matter to the godly Emperour: In the mean time Athanaſius Epiſt. de ſolit vita, Ambroſ. l. 5. orat ad auxentium, and l. 5. Epiſt. 32. ad valentinianum. Zozomen l. 6. c. 7. Concilium Toletanum. III. Concilium milevitanum. and divers others which I have cited elſewhere, make the Emperor a Son of the Church, not a Head and Lord, intra Eccleſiam, filium Eccleſiae, non judicem, non dominum ſupra Eccleſiam: I might adde Auguſtin, Epiſt. 48. 50. 162. l. 1. de doctr. Chriſt. c. 18. Cyril. Alexandrinus in an Epiſtle to the Synod of Antioch, all Proteſtant Divines of note and learning.