The Government of the Churches of Christ, Book 5 · Chapter 1
CHAP. I.
Concerning Appeals. That they are not absolutely necessary to the Government of the Churches.
THAT Appeals are not of absolute necessity to the Government of the Churches; and that the Law of Nature doth not necessarily require them, is apparent from these Reasons.
1. In the first Government under the Law of Nature, there were no Appeals in Criminal causes: But Judah the Head of his Family, peremptorily pronounceth the Sentence, Let her be burnt, Gen. 38. And indeed, to whom then should any Appeal have been made? Therefore Appeals are not necessary by the Light of Nature.
2. The Law of Nature among the Jews, required them not. The Government was in the Cities, and no Appeals (in Deut 17. or elsewhere) in case of wrong, were made by the Injured party; but only in case of Difficulty, they had Recourse to the Judgment of the Great Synhedrim, to Resolve cases that were too hard for them. And as for that instance of Moses, Exod. 18. 22. that the great matters were brought to him, and the small matters to other Elders, it was a dividing of causes, according to their sort and kind, and not a bringing of matters by way of Appeal unto him.
3. Some of the Reformed Churches have no Appeals, and yet are well governed; and in as much peace as those in Scotland. In Geneva, there is but one Consistory; and if there be any Appeals in case of Male-Administration, they are made to the Magistrate. And if it be said that it is so, because they being a Common wealth, and having Supream power, do bound the Church power: Yet still however, if the power of this our Government would appoint Magistrates to hear Appeals of particular Churches, and so bound their power in themselves (as the Imperial Towns in Germany, or the Cantons in Switzerland do) there is a great possibility to Govern these Churches, without any other or further Appeals, in case of unjust Sentences, as well as Geneva, and other Reformed Churches are Governed.
4. In matters of Life and Death in this Kingdom, there is no Appeals, not such as to Right the Man if wronged; but every Corporation hath the priviledge touching the Execution of the Man, to do it within themselves; and yet if in any thing, De morte hominis deliberandum est, There is the greatest Deliberation to be had about the Life and Death of a Man; and yet this way of proceeding without Appeals, in such a case as this, is not against the Law of Nature.
5. In Democracies, where the Sentence of Life and Death (as in many cases it was so) were referred to the immediate Sentence of the people, there were no Appeals; and yet such a Government, is not against the light of Nature. Now taking away of a Mans Life, may well be conceived to be of as much moment, as casting a Man out of a Church; for that deprives the Subject of all Ordinances for ever, and also of further time to Repent; and yet Incorporations and a Recorder, are betrusted with this, without the ordinary benefit of Appeals to relieve the Man; and therefore why may not a Church, a company of Saints, that hath the promise of Christ's presence to guide them, and which is a Body to Christ, being sufficiently furnished with Officers, having two or three Elders over them, be as well betrusted in Ecclesiastick Administrations? Nor can it be supposed, that God should take more care under the New Testament, for Relief of wrongs in Churches scattered, than he did in that National Church of the Jews, which (as a Nation) was capable of Appeals: Or that God for the pretended Relief of particular persons wronged, should Subject whole Churches, yea, Provinces to a coercive power, armed with the dreadful▪Sentence of Excommunication, in a National Assembly.
2. That Appeals are not absolutely necessary, is evident, because, if they were so, they should be brought either antecedently to the Sentence of Excommunication in a particular Church, or after it hath past on the person-Excommunicated.
1. But that an Appeal should not go before the Sentence of Excommunication, appears,
1. From the power and duty of that Court, to which the persons cause is first brought. The Congregation that is told of the persons Sin (according to Christ's Institution, Matth. 18. 17.) hath the power of the censures; and Christ's command lies upon them, to execute Christs Ordinance, if he hears not that Church to whom the Accusation of him is first brought; whereas by an Appeal afore, the Sentence would be Suspended, and so it would be in the power of an obstinate Sinner, to hinder the Sentence from coming into Act.
2. It is apparent from the good of the person. For 1. If an Appeal was thus brought antecedent to the Sentence of Excommunication past in a particular Church, then a Man should never be obstinate, until he came to the National Assembly, and so he would want the means of his conversion all that while, which would be the ready way to harden him in his Sin, to defer his Repentance at least for a year; and then he must run through all the same course of Admonitions by the higher Courts, ere they can pronounce the Sentence. 2. Then God must wait upon, and lackey after Men, and Suspend a Sentence, till a Man hath gone through all these Courts on Earth, and baffled both God's Sentence, and also Man's.
2. That Appeals are not to be made, after the Sentence of Excommunication past in a particular Church, appears,
1. From the Nature of the Sentence, which is decisive, and is irreversible, as being bound in Heaven, unless the person Repents, and upon his Repentance, is restored again.
2. Because a particular Church, by yielding to such Appeals, would give up that Power and Authority, with which Christ hath intrusted them. For Christ hath given them full power to exercise all Acts of Discipline within themselves (as hath been proved) but if they admitted of Appeals to be made to a Superior Court, as having power over them, to Disanull their Acts; they would thereby acknowledge a Supream Authority, and that they had not the perfect power in themselves.
2. If there may be such Appeals, whether afore or after Sentence (other than to relieve the Person, and those we grant) then there should be a greater punishment for the Appellant, if he be cast in the provincial Assembly, and yet a greater also than that, if he be again cast in the National. So it is in civil Courts, and it deserves it here as much as in any; for a Man becomes Guilty of a greater Sin, by so Appealing (if indeed he is criminal) for he is guilty of more obstinacy; if the Appeal be afore the Sentence, by hindring it, if after, by continuing more impudently impenitent; and in both cases, in troubling all the Churches. But these Courts have no greater punishment to inflict, than what the Congregation or first Church hath; for the Man is by Excommunication, out of his own Church, cast out of all Churches, as well as when cast by the National. They can only Admonish, and Excommunicate at last, if the Sentence be not past afore the Appeal, or if the Appeal be after the Sentence, they can only pronounce the Sentence to be just, they have no further or more grievous Excommunication for him. There is indeed a final Excommunication with a curse, Anathema, Maranatha, (1 Cor. 15. 22.) to him that loves not (which is a Diminutive) that is, that shews Hatred against the Lord Christ, after inlightning; and so hath sinned against the Holy Ghost: But we believe that such an Excommunication, is not that which upon Appeals to the National Assembly (if the Person be cast there also) they shall have power to inflict. In the case indeed of Eternal Damnation, every Degree for every Sin, is another Hell added to the former (not an increase of Torment by a circumstance, but Substantially) but it is not so here; for every new Sentence of these gradual Courts, add not a new Degree of Excommunication. Whereas Excommunication is a giving up to Satan; if the Congregation Excommunicating gave up to one Devil, and the classical to more, and the Provincial Assembly to more; and then the National to worse than the former (as in the Gospel Christ says of a Man apostatizing, that seven Devils worse than before, enter into the Man) then these Courts might Arrogate such Appeals to them, and proportionably punish the Person's obstinacy, who wrongfully makes them, but the case is otherwise. If it be Replyed, that the shame is increased, that he is Rebuked by so many, and that is a punishment; and that as Christ's Death is aggravated by the shame, so here the Excommunication is made the more shameful in the National, than it would have been in the lesser Assembly: The Answer is, 1. That still that which is of the Substance of this Spiritual punishment, and which is Spiritual in it, and in which the Spirit of it lies, is not, nor cannot be added unto; viz. God's binding the Man in Heaven, which God did, and doth as much upon the first Excommunication, as upon the second or third; and as for Satan's power to Terrifie him, he is as much delivered thereby to it, and he is as much cast out of the Ordinances in all Churches by it, as by the confirmation of the Sentence in the National Assembly. And what is that outward shame of it (such as follows upon all other civil Crimes, made publick) to be compared with these, or to correspond to that further proportion of Authority, that these Higher Courts, by challenging of Appeals to be made to them, do seem to usurp, as if an answerable degree of Spiritual punishment, were by Gods promise Ministred in them? And if there should not be a further punishment unto the Appellant, then it comes all to one, with what we affirm; for if it be in order to relieve the party only, we acknowledge Appeals in those respects, to be useful to, by declaring the Sentence Null, and that there was no due or just Excommunication. And if it be a just Sentence, we acknowledge Appeals so far to be made to Neighbour-Churches, that they may declare it is a just Excommunication already past: So that what we contend against, is this, when under the colour of Appeals, they challenge to themselves a Juridical power, to Rescind Sentences, to have the power of Excommunication, as much as the Churches that do Excommunicate, to oppose or stop any Church inferior, from proceeding; and in a Reverence to this their power, to give liberty to any Person offending, to Appeal before Sentence unto them to judge of it, and to pronounce it.
3. The liberty of such Appeals, afore or after Sentence, through all those gradual Remedies, of Classical, Provincial, National (which we conceive should be rather for matters of Doctrine, than for the Relief of Persons of all sorts; and they should deal in generals, rather than in such particulars, as themselves are more General Assemblies) will breed great inconveniences. As,
1. Either the lower Churches must spare many gross Offenders in a Nation, that there may be few Excommunications, and so prevent occasions of Appeals (and then they would not take away the Dishonour done to Christ, by multitude of Scandals) or else if the lower Churches be Faithful in proceeding against all such Offenders; yet by setting up three such Courts over them for gradual Appeals, with liberty to Appeal to them, there will, instead of Relieving particular Persons, be occasioned the greatest Trouble and Cumber to these Assemblies in Multitudes of causes depending; for who will not Appeal, knowing at last he can be but Excommunicated? And they must dispatch these causes either by Committees only (and so to do, is to Reduce the Supream Judgment to a fewer company of Elders, than were in the first Classis or Provincial Synods, that judged it; besides that, it is a meer Delegated power, which such Committees exercise) or else they must trust the lower Courts wholly, and proceed according to their Sentence; and then to what end are such Appeals? Surely the Highest National Court, cannot deny to hear any Man that Appeals to them, and if they will hear all that will Appeal, they will be filled with them; and that will prove vexatious, both to the Persons, and Churches Appealing, and will be impossible to be dispatcht. And besides, no Man being to be Excommunicated, but upon impenitency, which may be where the Fact is acknowledged and confessed, and yet the Church not satisfied with the Repentance (for an undue outward formal confession, will easily be acknowledged not to be that upon which Churches should forbear Excommunication, in case the Fact be Scandalous, it being a Godly sorrow, 2 Cor. 7. 9, 10. that is required of Men in such a case) may therefore proceed justly to Excommunication, because they judge, that he Repents not, though the Appealer says he doth Repent; and then the Trial will be of the Man's Repentance, performed at his Confession, whether it be Godly or no, which how can any judge of, but upon their own having seen it, or putting the Man to a new Repentance afresh, upon a Reiterated admonition by them; and how then will a National Assembly so easily be able to judge of it? And if they could, yet if they hear all things as fully over again, as all the Inferior Courts did (or how shall they judge to the satisfaction of the Appellant?) What work would this create to all such Assemblies? It was objected against the Bishop's Extensive power, over so many Congregations, that they had more Churches, and so more Business to come before them, than any one Man could, or themselves did manage; and therefore had their Arch-Deacons and Chancellors, and the like under them: But a National Assembly will have much more to do; and yet it sits not as the Synhedrim all the year, but only a few weeks. To Discourage Men from those Appeals, at last by Banishment, &c. if cast, is to eke out the Spiritual power with the Temporal. A sufficient Spiritual Remedy is sought for, and it must be within it self; for that of the Magistrate, is but External, though helpful, and we seek a sufficient Government, that was in the Primitive Times, when there were no Christian Magistrates.
2. Such National Assemblies in a due proportion, should rather have work suited to their constitution, viz. National Reformation, and Advices to the Magistrate about that which is common to all Churches in the Nation (and they will find enough of it in all times) than every Man's personal cause by way of Appeal (that hath a mind to Appeal) to come afore them: Even as civil Assemblies, Parliaments, &c. do not admit ordinary Appeals from all Courts in this Kingdom; but leave them to these Courts, the Kingdom affording matters of far greater Moment for their Cognisance.
3. These Appeals still being made from one Ecclesiastical Court to another, and those Superior (when the cause is out of the Congregations Hands) consisting most of Pastors, or if of others, yet of Persons Ecclesiastical (for as such they sit in those Assemblies, being Homogenial Members of Presbyteries, and lay Elders you will not call them) by this means all causes are taken up into the Clergies Hands, abstracted from the People; and the Clergy will take part one with another, and the one Ratifie what the lower hath done, as the High Commission did what a particular Bishop had done, against an inferior Minister or other.
4. When the cause comes to the National Assembly, whose power is purely Ecclesiastical, either the Appeals must rest here, and go no further; and the civil Magistrate, if he back their Sentence with a civil Mulct, must, without his examining of the cause, judge as they have Determined it; and so the Temporal Power must pursue, and execute the Decrees of the Spiritual, by an implicit Faith (which was the Bondage the Secular Powers were in, unto the Popish Bishops in those Times.) Or else they also must take full cognisance of the cause, and have a power to Redress and Rectifie the wrong, if they find all these Courts to have injured a Person, perhaps differing in Judgment, or the like: And then it must either be the Supream power, the High Court of Parliament (and then that Honourable Court, must be fill'd with all Mens Ecclesiastical Appeals) or it must be some lesser ordinary Court of Magistracy inferior, which shall have power to correct the wrong; and we believe the National Assembly, will very hardly Subject their Sentence to their power, to Rescind and Declare it to be Unjust, so as to be bound by the Magistrates power on them to recall it; and yet otherwise, it is in vain to appeal at all to the Magistrate. One of these ways must be taken, or else the civil Magistrates must be denyed to have appeals in such cases brought to them; but all be left in the Churches Hands, and the benefit of Appeals made to them altogether, be cut off.
5. If the King and Parliament should in the Judgment of the National Assembly, aggrieve you in point of Religion, may appeals be made to the National Assembly therein? Will you appeal to the National Assembly against them? Whether our Brethren will not decline that answer that was given by one of the Brethren in the Debate, Why should we be afraid to affirm they might Appeal to them, we know not; but we cannot see how the Principles of the Presbyterial Government, can avoid the asserting of it. Surely that Independency so opprobriously ascribed to us, and retorted on us, is with Submission to the Magistrate; and an Obedience by suffrage, without appealing further, we professing not to know any Spiritual power on Earth, to which an Appeal may be made from the Sentence of the Magistrate, especially if it be the Supream Authoritative Magistrate. Though we acknowledge a Relation to no other Ecclesiastical Authority, that hath a coercive power, Sub paenae Excommunicationis, or of delivering unto Satan; yet we own a Subjection to an Assembly of other Churches, as occasion is; and that as to an Ordinance of Christ. But now to set up a National Assembly, growing up from the Ecclesiastical State, as a Court to whom Appeals may be made from the Sentence of the Supream Magistrate it self, is so Transcendent a way of Independency, not Negatively only, as knowing no Superior; but affirmatively also, Subjecting the civil power to the Church, as the other deserves not the Name of it. And if from the civil power, Appeals may be made to such Assemblies; then they have the Authority over it, such as under the Notion of Appeals is contended for. They will have a power to Convent, yea, to Excommunicate, and that as a joynt Body or Parliament.