PROPOSALS AND REASONS Whereon some of them are grounded: Humbly presented to the PARLIAMENT Towards the settling of a Religious and Godly Government in the Commonwealth: With a short account, Of 

the compatibility of the congregational way with the Magistrates ordering all matters of Religion in a national public way: and of the Incompatibility of either of them, with an ecclesiastical Presbyterian-National, jurisdiction, Independent on the Magistrat.  
tithes and settled maintenance for the ministry.  
Ministers capacity of sitting in Parliament.    
By LEWIS du MOULIN, professor of History in the University of Oxford.  
LONDON, Printed by John REDMAYNE, 1659.   

PROPOSALS, Towards the settling of a Religious& Godly Government in the Commonwealth.  

1.  
THat the Commonwealth be consisting of one entire representative called Parliament, made up of three other representatives of England, Scotland and Ireland, one representative for each Nation.   

2.  
That 340 be the representative of England, 40 the representative for Scotland, and 20 the representative for Ireland.   

3.  
That England and Scotland bear the burden of taxes and impositions according to the number of men in their representative.   

4.  
That the number of Members, for Shires, Cities and Burroughs be proportionable to the rates of taxes and their contribution, that Cornwall have less members, and London a far greater number, that cities and Burroughs have but one, and Shires more then two.   

5.  
That men of all ranks that have a competency of estate be chosen by their country, and that Ministers of the gospel be made capable of being elected and of sitting and voting in Parliament.   

6.  
That the Parliament sit at Westminster every year, 3 months together.   

7.  
That in the first Parliament, all the 400 out of the three representatives be chosen and sent at once.   

8.  
That it be provided for in the succession of ensuing Parliaments, that one 100 of these 400 go off,& other 100 be sent in their room, who are to be elected not by the three Nations, but by the fourth part of each Nation, so that no man or Country be put upon election of members, but once in 4 years,   

9.  
That the first sitting Parliament do choose 40 of their own body to be a standing perpetual Council of State, whereof 10 to go off every year, and 10 others be suppylyed by the Parliament of that year.   

10.  
That of those 10 that are to go off, some or most or all of them may be chosen again that same year by the Parliament if they please.   

11.  
That the Parliament or the council of State choose a President of the council, who in the intervals of Parliaments may receive some stamp of authority,( as a Duke of Venice,) only in public meetings out of the sitting of the council, which will be a badge of the Commonwealths Majesty attending him, although he hath but a single vote in the council.   

12.  
That this council have power in the intervals of Parliament to redress all grievances, order all matters, which other courts do not; make ordinances, but no Acts.   

13.  
That all ecclesiastical jurisdiction be abolished& be butted with the English Episcopal Hierarchy, and that the Parliament and the council of State under them be invested with a supreme jurisdiction in all causes and matters, and over all persons, suffering no collaterality of jurisdictions within the Commonwealth, in national assemblies by what title soever distinguished; and that all Acts of jurisdiction, as ordination, deposition and excommunication( if any be admitted) be a product of the Commons-wealths jurisdiction.   

14.  
That the Ministers of the gospel may be as well chonsen members of the council of State as of the Parliament.   

15.  
That no religion be commanded by law, and no man constrained to repair to ordinances; yet that all men be invited and encouraged to attend them, and no religion tolerated, but that which agreeth with the confessions of Faith of the late re. Assembly of Divines( the 30 and 31 chapters only excepted) or with that of the Reverend Ministers of the congregational way, who met in the year 1658. in the house called Savoy.   

16.  
That for a constant succession and supply of Ministers, ten men of the council of State, and a competent number of Godly and learned Ministers, holding to the forenamed confessions of Faith make up a Committee for visiting the Universiries, Schools of learning, naming a Vichancellour, conferring or bestowing of Halls, receiving appeals from judgements given in the Universities, and for examining, trying and approving of fit men for Parish-Churches, and investing of such as are duly presented by the Patron, or chosen by particular Parish-Churches, or are demanded for lecturers, and have a good testimony of their life and doctrine.   

17.  
The Parochial and congregational Ministers may severally or asunder, meet by the leave of the said committee, or council of State, in their respective Countreys or Shires in the form of synods or ecclesiastical assemblies, to give advice to Ministers or Churches, or to debate matters of Religion, but not to impose their declarations upon neighbour Ministers or Churches, except they receive the stamp of public authority from the Parliament.   

18.  
That in Scotland, Ireland, and parts remote from London, some subcommittees delegated from the Higher committee be settled of the same nature and to the same intent and purpose.   

19.  
That the Ministers that are for the Congregational way, as they are indifferently to be invested with parochial livings with others of a different judgement, so they must be exhorted not to attend their private congregations, at those times when the Parochial assemblies do meet.   

20.  
That not only tithes be reserved for the maintenance of Parochial Ministers, but that some larger allowance be provided for more Ministers, specially in such large Parishes as that of sepulchre, Cripple-gate, Giles and Martin in the fields, &c. to attend the pastoral Parochial duties, as catechizing, visiting the sick and prisoners, conforting the afflicted, instructing the ignorant, admonishing privately the careless and the unruly, and taking notice of the poor and needy, that their wants be represented: and that for augmentation of maintenance some way be found to make a stock of money, towards the buying of impropriations, not only for Ministers, but also for increase of revenue to colleges and Schools, and erecting new ones; furnishing of Parish-Churches with Libraries, and supplying the wants of the poor, the widow and the fatherless   

21.  
That the Parliament be pleased to mind the propagation of the gospel, not only in the three Nations, but also abroad, settling revenues towards the maintenance of strangers, Students in Divinity for remote Countreys, as Poland, Hungary, &c. that have no means nor Schools, where to bring up scholars, and fit them for the ministry, being no less zealous for the truth, then Popish Magistrates for their Idolatrous superstition, while they carefully nurture youth in their Seminaries for England and other Countreys.   

22.  
That the names of Presbyterians and independents be quiter abolished, and that the Parliament do allow and countenance, as well the Ministers of the congregational way, as others in their Parochial meetings, countenancing the congregational way for those that are grown up Christians, so as that in the mean while he do settle a National Churchway for Christians of all sizes and growth; particularly for the main body of the people of the Land. Which, were there no other Church way but the congregational, would remain careless and ignorant of all Religion.    

REASONS, Whereon Some of the Proposals are grounded.  

chapped. 1. Of the compatibility of the congregational way with the Magistrates ordering all matters of Religion in a national public way; and of the incompatibility of either of them with an ecclesiastical Presbyterian national jurisdiction, Independent on the Magistrat.  
HAving ventured upon some Proposals towards the settling of a Commonwealth, in order to a Religious and Godly Government, the only way to preserve it; I will forbear to give Reasons for the same in this model, except it be only for the three heads mentioned in the title-page.  
Now in this Chapter I purpose to assert in brief,  
1. That the Souverain Magistrat of each dominion and territory, is entrusted by God to have the sole principal and chief power to order matters of Religion in a national church way, and consequently that the Ministers of the gospel are not invested with any jurisdiction to order, and settle in a public way the matters of Religion.  
2. That the Churches of the congregational way are compatible with the Magistrates power in ordering a national church way. From these two assertions it will be inferred, that an ecclesiastical synodical classical jurisdiction, excommunicating, deposing and making laws, independently on the Magistrate, is contrary to Scripture and reason, and is incompatible both with the Magistrates jurisdiction and the congregational way.  

§. 1.  
For the proof of the first assertion, I will bring arguments and examples, not following any accurat order.  
1. By the nature of obedience. As the holy Scripture doth propound but two great ordinances, the ministry and Magistracy, by which men are governed in this world, and lead into the possession of the next; so nature, reason and custom, yea and the practise of all Nations do meet in this Scripture truth, that there are but two ways, whereby men do submit themselves and obey their commands, orders, advices and counsels; the one when the inward men, that is, the intellect, the will, the heart, the affections and the conscience are drawn, lead, convicted and persuaded; the other when the outward man is constrained to obey for fear of punishment, by the one of these ways, the Magistrat doth build his Empire and dominion: And by the other way Iesus Christ buildeth his kingdom, converting mens souls to faith and repentance by the ministry of the gospel. Men yield to the jurisdiction of the Magistrat both for conscience sake and for fear of constraint and force by punishment; but they submit to the jurisdiction of Ministers only for conscience sake, and because they are persuaded to submit themselves to it: the commandments of the one afford not the liberty to interpret them, but impose an obligation of submission with a blind judgement, whereas the laws and orders of the Ministers give that liberty which St. Paul gave to the people of Berea, who did no further obey his predication, then they found it agreeable to other Scriptures, and were convinced and persuaded of the truth of his Doctrine. St. Paul gives us but these two ways of submission in the 13. chapter of the Epistle to the Romans, either that way which we take merely for conscience sake, or over and above for fear of wrath, that is for fear of outward punishment: let the Magistrat be what he will, Christian or heathen, let him be orthodox or heretic, there is but one of these two ways of submission to him. In short, we obey and submit to the exhortations of wise men, because we apprehended them by a judgement of discretion and approbation to be wholesome and useful, and for fear lest the neglect of them prove a sin against God, and be dangerous to our present or our eternal condition,& not for fear of wrath from any censure of men; such are the exhortations of Ministers to faith& repentance, yea their commands, as when they bid us be reconciled to God, which commands carry along with them an indispensible obligation in the court of conscience; but though they have power and authority of commanding, they have no power to constrain those that will not yield to their commands, no more then those of the Physitians.   

§. 2.  
II. By the nature of the power and authority called the power of the keys, and binding and losing. This power is the same that the Prophets and Doctors had under the Old Testament in the Synagogues& houses of prayers; a power not forcing the body, but enlightening the mind, convincing the heart, ruling the affections, and bringing them captive to the obedience of the cross; a power which the New Testament mentioned in an hundred places, and yet is never taken for a synodical Presbyterian power of deposing, excommunicating,& making laws and canons authoritatively; but always for the virtue and efficacy of the spirit of God in the word and ministry called the power of God, Rom. 1. v. 16. by which men are turned from darkness to light, from the kingdom of Satan to God, Act. 26. v. 18. a power described in magnificent terms, 2. Cor. 10. v. 6. a power which S. Austin. Ep. 48. ad Vincentium, opposeth to the power of the Magistrate, Pastoris est perducere ad veritatem persuadendo, Magistratus cogendo, by this power the Ministers are Ambassadors from the kingdom of Christ to the kingdom of this world, where they are to deliver their Maisters message; but, as Ambassadors, so Ministers are barely to denounce their Maisters will, beseeching those they are sent to, yea commanding them in the name of their master to be reconciled to God without putting any force upon them, except it be by that weapon which no man can withstand Act. 6. v. 16. I know no other power of the keys nor of binding and losing: though probably this power of the keys may carry some thing more, which was particularly given to the Apostles, as learned Mr. Lightfoot tells us in his Harmony Matth. 16. He saith that the power of binding and losing was only given to the Apostles as far as some part of Moses law was to stand in practise, and some to be laid aside; some things under the law prohibited were now to be permitted, and some things permitted to be now prohibited: so that in these words whatsoever, &c. Christ promiseth to the Apostles such an assistance of his spirit and giveth them such a power, that what they allowed to stand in practise should stand and what to fall, should fall; in short what they bound in earth should be bound in heaven: and this exposition is the more agreeable, because the Greek Text speaks not of binding or losing persons but things, saying not, whomsoever you shall bind, but whatsoever things ye shall bind, &c. that is whatsoever things ye shall dispense or oblige unto. He also parallels this place of binding and losing to John 20. v. 22. whose sins ye retain they are retained, &c. and saith that that power was a particular gift to the Apostles, when Christ breathed on them, by which they spoken strange tongues, healed diseases, killed and made alive, delivered to Satan and bestowed the holy Ghost, or the power to work the same miracles, whatever exposition of these we receive, none suits with the power of excommunicating and ruling by a judicial authority.   

§. 3.  
III. By the nature of ordination, which was always in England as it ought to be an Act of the Magistrates jurisdiction: by ordination I understand, a licence or a privilege granted by a power of Magistracy to a man to use that ministerial function which God hath called him unto, and to be acknowledged a Minister of the gospel in all the places of his jurisdiction; for all the Acts of the Magistrate, of the Church and of the Ministers, are not to sand him, but to aclowledge Gods call and mission and publicly to declare their willingness and readiness to accept of his ministry among them. If there were a call from men, it should be rather from the particular church electing of him for their Pastor, and requiring his pains among them: all other acts arising from the testimonies of his life and doctrine and the begging of God blessing by the Ministers met in a coetus presbytery or Synod by prayer and fasting, the giving the hand of fellowship, the laying on the hands, are acts necessary to be supposed before a man be acknowledged Minister of the gospel and set a part by God for the great work of saving souls. The Ministers doth no more concur in making or sending a Minister then in marrying; whereas, it is God that instituted and made matrimony, and the mutual consent of the man and woman made them husband and wife; the Ministers beg only a blessing upon their marriage: and here the Magistrate by his licence contributes to their marriage as much as he doth to the making of a Minister: all the Ius Divinum of the call, is Gods call concurring with the choice made by men or by a particular church; whereof we find an evident example in Ezechiel 33. where God declareth by his Prophet that whatever watchman the people should choose, he would repute the choice to be his act, in that he would punish those that should slight the admonitions of the watchman, and did not take them for Gods warnings; and would take an account of the watchman for his failing in the care of mens souls, in which example we may see that there is much labour lost in asserting the Ius Divinum of the ministry, as if it had nothing of human right; for if Magistrate and people do choose themselves a watchman over their own souls to divide the word unto them, why should not this act be reputed a Divine choice and a Divine installing into the calling, as well as the choice of the watchman, whereof mention is made in Ezechiel? I conceive that this is the true notion of Ministers ordination, and admitted by all Lutheran Churches, namely by Gerardus in his common places de Minist. Ecclesias§. 12. and Chytraeus in cap. 25. Exodi; both holding that ordination, is nothing else, but a public acknowledgement of the mission and call that God hath made of such a man, and a begging the blessing of God upon his ministry, and upon the choice that the Church hath made of him. John Mestrezat of Paris in his tract of the Church is of the same opinion and so Daniel Tilenus part. 2. disp. 25. Pastors in the ordination have nothing to do, but to aclowledge Gods call and their liking of it. But the ordination of Priests in the jewish Church sheweth, that it was not a product or an act of the jurisdiction of the Priests, whose urisdiction( if they had any) was confounded with that of the Magistrate: for we shall see next that as Priests they never had any. Ordination then being no act of the Ministers, much less of their jurisdiction, it is consequently evident that deposition or exauctoration is no act of the Ministers jurisdiction: for it is but raveling again what was done without any intervening jurisdiction but that of the Magistrate, who withdraweth his licence; the Ministers say they will hold him no longer a fellow partner in the work of the Gospel; the people declare their dislike of the man and profess they will make no use further of his ministry; which act is no otherwise an act of jurisdiction, then the refusing to take physic is an act of the patients jurisdiction over the physician; much like the excommunicating of a man by Ministers and people, which is no otherwise an act of jurisdiction then their withdrawing from his communion; and indeed excommunication is an act of ecclesiastical and ministerial jurisdiction of the same stamp with ordination and deposition, and they all rise and fall together, and therefore it will not be requisite I should show the nullity and vanity of excommunication, and profess my dissent from the reverend Ministers of the Presbytery, who hold in their reasons given to the dissenting brethren, that excommunication is as well an ordinance of Christ as preaching and administration of the Sacraments.   

§. 4.  
IV. By the nature of the sacred function, which by Gods institution was never attended with jurisdiction, this is made evident by what we have said of the power of binding and losing, and by the example of those that were clothed with that sacred function; for they never exercised any jurisdiction by virtue of their function; for the high Priest as Maimonides tells us was not always admitted a member of the great Sanedrim, and sure he could never have missed to be one of them, if his function had carried along with it a jurisdiction, as the office of a chancellor or Lord keeper requireth that the man that hath it should sit in a Parliament. And Simon Iannes, &c. who invaded the Kingdom never thought by their Priesthood to have more right to the sovereignty, besides, that the very installing into that office was no act of Priestly jurisdiction, but of the Sanedrim or of the King; and the Priests were so unprovided of jurisdiction, that when Kings or Iudges were removed, the people lived as they listed, and were left loose as sheep without a shepherd and as a great family of servants without a head. Aaron for all his Priestly office in chief was not able to restrain the people from Idolatry; yea he was rather their servant in the absence of Moses, and put by them to make a golden calf. The very papists when they have been in a good mood, have been pleased to aclowledge this truth, when they have had occasion to clip the wings of the Pope; but especially the words of the canon law are express, can. inter 33. qu. 3. what the Priest cannot compass by the word of his Doctrine, the supreme power must needs do by the ter rour of discipline: by such means the celestial Kingdom is assisted by the earthly Kingdom, for, the holy Church hath no other sword then the spiritual, which hath a quickening power. And Anselm. Arch Bishop of Canterbury upon the 16. of Matthew proves at large, that the Priest hath no weapon but a spiritual one, constraining those that are willing to have force put upon them; but of the material sword in the hand of the Magistrate, he saith, that it constrains even those that are unwilling to be constrained, Hotoman a civil Lawyer takes off all jurisdiction from the ministerial function in his book of the liberties of the Gallicane Church: he hath these words, is is certain that ecclesiastics as ecclesiastics have neither fisck nor territory, nor any jurisdiction, but only liberty to declare what is fitting to be observed without being able to put their opinion in execution. Among Protestatns Salmasius a man of more credit in this, because he spoken against the sense of those Pastors whose congregations he resorted, in his Apparatus p. 158. among all the functions of the Ministers there is not one that can be name, in the discharge of which any jurisdiction is requisite; there needs none for instructing the faithful people, nor for the administration of the Sacraments: he further saith, that what ever jurisdiction they can challenge it is over those that willingly submit to it; for an impenitent person and one that little cares for their censure doth not belong to the Ministers jurisdiction and care: In administering the holy Supper there is no jurisdiction since it is given to those only that are willing to take it, so that all excommunication must be voided, except it light upon one that is willing to be excommunicated.   

§. 5.  
V. By the example of the State of the Nation of Iewes, where. 1. the jurisdiction of the Church was united with that of the Commonwealth, as almost all the Romanists aclowledge, namely Baronius, Carthusianus, Cornel. a Lapide, Tostatus, &c. the words of Tostatus are very express upon the 16. of Matthew, under the Old Testament it was not necessary that jurisdictions should be distinct, by reason it was but one nation, one people, one temple; and because they might easily be governed by an unity of jurisdictions to the end that God might be thought one and the same God to whom they all ministered. There being but one jurisdiction, there could not be an ecclesiastical, national jurisdiction in dependant on the Magistrates jurisdiction, and therefore all the Churches censures, deposition, excommunication( if they had any) were but products of the Magistrates jurisdiction: most of the Protestants go along with the Papists for an identity of jurisdictions, whereupon it will not be amiss to hear judicious R. Hooker in the 8. book of his ecclesiastical policy, when he maintains that the ecclesiastical jurisdiction in England, as being not distinct from that of the King, is agreeable to the government of the people of God, these be his words, Our State is according to the pattern of Gods own ancient elect people, which people was not part of them the Commonwealth, and part of them the Church of God, but the self same people, whole and entire, were both under one chief Governor, on whose supreme authority they did all depend. So also is Mr. Thorndike for an identity of jurisdiction among the Iewes in the 9. chapter of his book touching the Government of the Church, he saith, The Sanedrim consisted of the chief of that people, as well as of the Priests and Levites, because the chief causes of that Commonwealth as well as of religion passed through their hands. Now if in a Nation rude and weak in knowledge under a burdensome administration, loaden with ceremonies and legal rites, where the sixth part of the people was either judge, leader, elder, Priest, Prophet, Levite or officer in the levitical service. If I say under such an administration where there was need of many keepers, guardians, tutors, many helps of government, yet the government was not shared betwixt the keepers of ecclesiastical and the keepers of civill jurisdiction, but one only jurisdiction was over all persons and regulated all matters; how much less need is there to make two jurisdictions collateral in one and the same people among Christians, wholly freed from that burdensome administration of laws and officers: for if, when the faithful had need of many pedagogues and schoolmaisters, yet they were governed without distinction of jurisdiction of Church and State, much less do Christians now need such a distinct government, since they are wholly freed from the necessity of having so many guides and masters to govern and teach them so many rudiments, and to acquaint them with the meaning of all the ceremonies? besides, there is less need of a distinct government of the State from that of the Church, whereof God never gave any platform under the New Testament; and what need an ecclesiastical jurisdiction, where there is no ecclesiastical law or constitution? but admit there had been among the lewes an ecclesiastical jurisdiction distinct from the civill, and that the Priests and Levites had been invested with the ecclesiastical jurisdiction, yet no jurisdiction would thence accrue to the Ministers of the gospel, who have not succeeded to the Priests and Levites, which mainly attended the ceremonial worship, but to the Prophets, the rabbis and Doctors, who were wholly conversant about the doctrinal worship, and taught in schools and houses of prayers, and who never had a share in the jurisdiction, but only over the inward man; 'tis true, Samuel taught in such schools and yet was a judge of the Land, but this was an extraordinary case and his sovereign jurisdiction was not inherent in his prophetical office or ministry of teaching his scholars the young Prophers.  
2. In the Commonwealth of Israel the King and sovereign Magistrate had the main ordering of all matters of religion; and this the story of the Kings and the Chronicles show all along. Now if the good Kings of Iuda exercised that power,( as none will I believe question,) in obedience to God and to a spiritual end, I do not understand why a Christian Magistrates power, duty& end should not be of the like extent: shall not these be alike obliged to fear God, to red the Scripture, to ordain laws for reforming religion, extirpating Idolatry, blasphemy and all erroneous and false worship, appoint orthodox and godly Pastors? Petrus de Marca a Papist, a great scholar, and very learned in Divinity, though not a Priest or Bishop or a divine as they term it, in his book, de concordia Imperii& sacerdotii lib. 2. cap. 4. saith, that it is a great wrong done to Christian Princes to deny them the same measure that the Kings of Iuda had. Insignts injuria fit Principibus Christianis si eam in Ecclesia potestatem illis denegamus quam Reges judaeorum in Synagoga obtinebant.   

§. 6.  
VI. By the example of the Christian Emperours, Constantine the great, Theodosius, justinian, &c. who modeled the national Churchway after the civill government, set up Episcopal courts and ecclesiastical judicatures depending on them; convocated synods, gave the vigour of laws to their canons and determinations, and made laws and constitutions of times without the consent of their clergy, for ordering and regulating all church matters, whether of faith or of discipline, appointed ecclesiastical censures, and set bonds to excommunications, and many times made them voided and null, by their single authority.   

§. 7.  
VII. By the very confession of the national Presbyterian Church of Scotland art. 25. To Kings, Princes, rulers and Magistrates chiefly and most principally the conservation and the purgation of religîon pertaineth, so that, not only they are appointed for civil policy, but also for the maintenance of the true Religion and for suppressing Idolatry and all superstition whatsoever. He who hath never heard of a national Presbyterian jurisdiction independent on the Magistrat, or of a double jurisdiction ecclesiastical and civil, would not deduct it by any consequence out of the words of this confession: for, they make the Magistrat sole governor of Churches and assemblies national, provincial, classical, &c. and judge of heresies, canons, decrees and church censures, and they do equally lay upon him the duty of extirpating heresies, reforming the church and purging the Commonwealth from seditions, abuses, crimes, &c. yea the word principally puts more stress of duty upon the Magistrate, to govern the Church and maintain and reverence the true religion; then to rule the Commonwealth.   

§. 8.  
VIII. By the laws of England never yet repealed since the reformation: they unite all ecclesiastical jurisdiction to the Crown, even that jurisdiction which visiteth, reformeth, correcteth and rectifieth all abuses, heresies, enormities whatsoever, and so the Statute Elizab. 1 forbiddeth that any tenet should be delivered and pass currant for heresy, which was not first declared to be heresy by the Court of Parliament.   

§. 9.  
IX. By the sense and Declaration of this present Parliament in their public Commission, by which they called the Assembly of Divines: for the Assembly was bound thereby not to exercise any jurisdiction and authority ecclesiastical whatsoever, or any other power; but to advice and give counsel concerning such things as shall be propounded to them, and to deliver their opinions and advices. And the same they manifested by their practise; for, having perfected the confession of faith, catechism and platform of government, they did not impose them upon the people of the Land, as a Law and decree of their own, and as a product of their ecclesiastical jurisdiction, but presented them to the Parliament under the name of Humble Advice, albeit they make use of another language, pro Imperio in the same confession, when they say chapped. 31. sect. 3. that Ministers in Synods may determine Authoritatively. But this power delegated to the Assembly and the exercise of the same& granted while they sate at Westminster, is a true representation of the extent of power, which all Synods and Councils under an orthodox Magistrate ever erjoyed or ought to have, for without a power of Magistracy giving force of law to their determinations and decrees, they are merely advices and counsels, and were they so many Apostles met in counsel, they could but say as Act. 15.29. If you keep our decrees you shall do well. And certainly had the Lord Iesus Christ instituted a jurisdiction distinct, as they say, from the civil Magistrate, they ought to have disclaimed that ordinance of Parliament which delegated a power which was none of their own, and straitned it too; for, what commission needed they from men, if they had a jurisdiction immediately from Christ? they were rather to have expected an ordinance directed, not to the Ministers, but to the people, who should have been enjoined to suffer the Ministers to exercise that jurisdiction, which they authoritatively challenge from Iesus Christ and to receive the Assemblies conclusions, not as humble advices but as ecclesiastical laws and ordinances, made authoritatively by the Governors of the Churches under Iesus Christ.   

§. 10.  
X. By the testimony of the re. Ministers of the congregational way, namely of Mr. jeremiah Burroughs, who in his Irenicum professeth to deliver nothing but the judgement of his brethren, all dissenting as well as he from the brethren of the Presbytery, pag. 21. he saith, that Magistrates are specially to aim at the promoting of the Kingdom of Iesus Christ: and there throughout the long chapter he hath these conclusions, 1. that the power of the Magistrate is alike in the times of the old, and of the New Testament; that it was not only a law given to the Israelites, but known by the heathen, by the light of nature, that Magistracy was to govern and order religion as well as other things. 2. That there was no distinction of jurisdictions in the Commonwealth of Israel. 3. That it is most unreasonable that a Magistrate turning either from the heathenish or jewish religion, should enjoy less power in matter of religion, then he had when he was either a heathen or a jew. An infidel Magistrate, saith he, converted to Christian Religion is thereby better enabled to perform the duty of his place then before, but he had the same authority before. 4. He holds, that a Magistrate hath a sovereign judgement of his commands, though unskilful in the things commanded. A Magistrate, that is not skilful in physic or in navigation, yet he may judge Physitians and Mariners, if they wrong others in their way. 5. He asserts largely the power of Magistracy in matters of religion by the example of the Kings of Iuda and Israel, yea of the Kings of Niniveh and of Artaxerxes interposing his power in matters of religion, for which Ezra blessed God, whosoever will not do the law of thy God and the law of the King let judgement be executed upon him. Hereupon he presseth many passages of Scripture, Isa. 49.22, 23. Kings shall be thy nursing fathers, and Revel. 21. v. 24. Rom. 13.4. 1. Pet. 2.13. He adds also that, since the Scripture speaks thus generally for thy good, for the punishment of evil doers and the praise of them that do well we must not distinguish where the Scripture doth not.   

§. 11.  
XI. By the confession of many Romish writers constrained by the evidence of the truth. The canon law saith out of Isidorus, causa 23. qu. 7. c. 11. let secular Princes know they ought to give an account of the Church, which God hath committed to their trust, and whether the discipline of the Church be made better or worse they are to give an account of it to God, who submitted the Church to their jurisdiction. Now who would think, that the Magistrate should be found to give an account of anothers mans administration and charge? claud Fauchet a famous Historian a Papist in his book of the liberties of the Gallican Church, out of Gregory of Tours, and the practise of his time, proveth that the Kings of France were reputed heads of the Church, a title which many 100. yeares after was much found fault with in the Kings of England by the Romanists, yea also by some reformers; he concludes his discourse thus, that the Bishops of that time did hold the King assisted by his council of State to be under God, head on earth of the Church in his Kingdom and not the Pope; whom if they had looked on as the head, they would have sent unto him the conclusion of the council of Orleans and not to King Clovis. In latter times then this Clovis even in the dayes of Lewis the 9. who was sainted by the Pope, I find in a writer name Ionville, of above 400. yeares standing, chapter 82. a notable example in the darkest times of popery of the nullity and vanity of ecclesiastical jurisdiction, unless it were set a work by some power of Magistracy; showing that ecclesiastical jurisdiction and excommunication are like the feathers of an arrow, which can never hit nor have a direct motion without the wood put to it. When a prelate had desired of King Lewis the help of the secular power for making his excommunications good, the King answered, that with all his heart he would do it, but that first it was fit he should be acquainted with the validity of excommunication. I will not omit the Author of the council of Trent a learned popish writer, and worthy that Dr. Langban, late Provost of Queen college in Oxford should turn it into English, he every where devests all church-men of jurisdiction. In the 6. book chap. 5. The ecclesiastics in France do not hold their ecclesiastic jurisdiction from the Pope but from the King, though the Iesuites teach otherwise. and in the 7. book ch. 7. he ascribeth a function to Pastors, but no jurisdiction, he hath this passage worthy to be written in golden letters, for, it doth disannul and make voided all these ecclesiastical, classical, synodical canons, sentences and determinations, which are not acts of the Magistrate; Kings, saith he, ought not to meddle with the administration of the Sacraments, nor with the business of ceremonies, or other ecclesiastical or ministerial Acts: but as for appointing the order of ceremonies, purging out of abuses, extirpation of schisms and heresies, Church policy and the like, they may, they ought, and they have always done it, either by putting their own hands to the work, or by commanding it, or else by appointing and constituting laws, statutes, and ordinances.  
By what hath been said hitherto, it is evident that in the same territory and nation a national Church way cannot be compatible with the national jurisdiction of the Magistrate, whereof a platform was endeavoured to be settled in Scotland, when they gave us a supreme judicatory in their general assembly over all the Churches of Scotland, and another judicatory in the Parliament over the republic or civill Estate of Scotland, for if all the Acts, as we have seen of the pretended ecclesiastical jurisdiction, as ordination, deposition, and excommunication, are acts of the same nature, with such as are brought forth by a power of Magistracy, it is not possible to conceive two coordinate collateral national jurisdictions within the same Nation and territory over the same persons, conversant about the same laws and ordinances, and the same matter of religion. I conclude with the words of Musculus loc. come. de Magistratibus. The way and nature of Government cannot bear that in the same people, there be two authentic powers, two divers legislations and dominations, except it be by subordination, as there is no place for two heads upon one body.   

§. 12.  
XII. The next assertion I am to make good that the Churches of the congregational way are compatible with the Magistrates power in ordering a national Church way.  
In order to this I believe it may be proved, 1. that in the Commonwealth of the Iewes there was both this Church way of Congregation, and yet the while a national public worship set up through all the Land by the Magistrates jurisdiction and direction. 2. That in the primitive Christians time particular Churches were modeled according to the particular Churches of the Iewes.   

§. 13.  
This congregational Church-way is made out by the 23. chapter of Leviticus v. 1, 2 and 3. speak unto the children of Israel, &c. six dayes shall work be done; but the seventh is the Sabbtah of rest, an holy convocation, ye shall do no work therein: it is the Sabbath of the Lordin all your habitations, where. 1. we have a convocation, and a holy one every Sabbath. 2. near every families dwelling place, at the distance, which is called in the Evangelists a Sabbath dayes journey: for, to travel a Sabbath day journey was to go to the house of convocation, and to go no further then the house of convocation was deemed the fulfilling of the command, Ezech. 16. v. 29. abide every man in his place, let no man go out of his place on the seventh day, that is, let none go any whither but to the place of convocation, for they could not keep the Sabbath without a holy convocation kept near every ones dwelling. Now that these convocations cannot be meant of national and festival meetings, it is evident; for those were appointed but thrice in the year and far from every ones dwelling place: after the building of the Temple, they were celebrated either before the Tabernacle, or in the outer Court of the Temple. Now had they been bound to repair to jerusalem every Sabbath day, it would not have been a fulfilling of the command, not to stir from the dwelling place. These convocations or synagogues were particular Churches assembled in a temple or house, who had several names according to their several uses, being called sometimes sanctuaries, sometimes schools and houses of teaching, expounding, and houses of prayers: In these houses there was a more solemn meeting on the seventh day and every new moon, of all those that dwelled near by praying and hearing the expositions of the law of Moses. The work was carried on most by Doctors, rabbis, Prophets and teachers of the law, and those that were most assiduous to hear them were called disciples, and sate at the rabbis feet, asking questions and hearing their answers and resolutions, sometimes a new comer might interpose, as we see by the example of Iesus Christ, Luk. the fourth, and by the Apostles entering into the synagogues. These disciples were called young Prophets and sons of the Prophets, and they were indifferently of all tribes and were different from those that by an extraordinary call were sent from God to whole Nations to deliver a special message, and foretell future things and denounce judgement; and one Esaias or Ezechiel might supply the office and place of thousands, but the other Prophets were so called in the same sense that John the Baptist was called a Prophet, who never foretold future things: and Aaron was called the Prophet of Moses, because he was his interpreter, Exod. 7. v. 4. The great number of these Prophets sheweth that their ordinary employment was to do what the Ministers of the gospel did, viz. to exhort, to teach, to comfort, to rebuk: they were in so great number that when jezabel sought to destroy them all, Obadiah did hid one hundred of them in a cave, and as there were many of these Prophets and sons of the Prophets, so were they dispersed into many brother-hoods, fraternities, schools or synagogues; they have burnt up( saith the Psalmist 74. v. 8.) all the Synagogues of God in the Land, Calvin upon the place saith that people were every Sabbath day in synagogues to hear the reading and exposition delivered by the elder Prophets and to call upon God by prayer. In such sanctuaries and congregations David often saith, he will praise God and that God is gracious to his people.   

§. 14.  
These synagogues or convocations were particular churches of the nature of our congregational churches in England, independent on any national Church or Commonwealth judicatory made up of Priests, Levites and elders of the people, meeting either in a Sanedrim of 70. persons or in those of 23. that judged the people at the gates: besides there could not be any consociation of all these convocations by their deputies to make up a national Church; for, then there would have been two national church judicatories coordinate, and collateral, and independent each on the other: and were there any such thing in Israel we should red of some orders and constitutions delivered by the national assembly of the rabbis and Prophets unto each particular convocation: and it is further proved that these convocations did not depend on any general judicatory or Sanedrim, by the practise of the faithful people under jeroboam and other idolatrous Kings; for, it was a capital crime to appeal or repair about any matter to jerusalem, or attend at those solemn meetings enjoined by the law of Moses three times in the year, and every seventh year; and therefore to keep themselves from Idolatry they frequented as much as they could those places of convocations as appeareth by a notable example, 2. Kings 4. v. 22. for when the Shunamitish woman desired an ass to ride on to Elisha, her husband  told her, wherefore will you go to him this day, it is neither new Moon nor Sabbath. We do not red that these convocations were invested with any jurisdiction, or that that the rabbis or chief Prophets teaching in these convocation-houses, had any power of ruling or governing and of making laws, which obliged those that were taught, and required submission to them for fear of any punishment or censure inflicted by them. I cannot better compare the extent, of the power of such rabbis in the houses of convocation then to that of Zeno, Plato or Aristotle over their scholars who with willing submission embraced their sayings and precepts, so that the Prince or Doctor of the school needed not any restraining or coercive discipline to order them; and indeed it is very probable that the schools of the Greek Philosophers were modeled after the jewish convocations or schools.   

§. 15.  
That besides these convocations set up in all the Land of Canaan, there was a public national worship and form of religion, ordered and commanded by the Prince, Iudges and Magistrates of the people and not by the Priests and Levites, much less by these rabbis and Prophets, we need no more proofs then we need a candle to see at noonday; one worship was to continue to the end of the world, th'other was legal, typical, ceremonial, and was no longer to continue then the levitical worship, the Presthood, the Altar, the Temple and the Sacrifices were to hold. This kind of national jewish Church-way was to give place to a Christian national Church-way; where there is no further use of Priests, Levites, Altar, Sacrifice and ceremonial law; and the jewish congregational way was to remain for the substance of it, under the oeconomie of the gospel the very same, only this latter was to be performed under greater light and manifestations of truths and graces: in the former congregational way Christ's Sacrifice on the cross was preached by the Sacrifice of a contrite and of a broken heart, and justification by Faith in the Blood of Christ, was delivered by the non imputation of sins, psalm 32. In the latter way which is that of the Christian congregations and convocations, Christ his coming in the flesh, his passion, resurrection, intercession and the benefits that accrue from them are lively, plainly and without figures set forth unto us.   

§. 16.  
Yet there is that difference in those Churches ways, both national and congregational betwixt the constitution under the Old Testament and that under the New, that the national and congregational way was under the Old Testament quiter different in kind from the congregational, but not so under the New, under which they differ nothing at all in the worship and the matter of it, nor in the Ministers that attend it, neither as I conceive, in the safety, but only in the manner of delivering and attending it: for in the congregational Christian way, men congregate willingly and voluntarily for the very love of the truth; and only for conscience sake without any outward consideration from men, but in the Christian national; all men do not go to the places of Gods worship only for the love of the truth and by a mere dictate of conscience, but also that they may appear in the eyes of the world to be conformable to the received and recommended national worship, or for fear of ill repute, or of being damnified in their private affairs. It were to be wished that all men and dwellers under one Magistrate were so willing to attend pure ordinances and were so holy in their lives, that they might be all one holy congregation to the Lord; so that there were no other Church-way besides the national; or that all men of the same Nation and territory were so minded to attend pure ordinances in a congregational way that there were no need to set up a national worship and a way of religion by a power of Magistracy: but neither of them being ever to be expected the sovereign Magistrate in every Nation and territory ought not only to give way to all sorts of men that agree with him, in the fundamental of Christian Religion to choose both the person by whom they will be taught and such ordinances, fellowship or congregation, by which they expect to receive more edification and growth in grace, but besides he ought not only for the further edification of those that love best this congregational way, but specially& chiefly for the instructing& building up in Christ those that expect to be invited and would have ordinances made ready to their hands, to set up by law public ordinances, appoint places of meeting, Ministers, revenues, colleges, schools and all ways, whereby learning, piety, purity of worship may universally and publicly be contenanced and ordered; for were there no other Church-way under an orthodox Magistrate but the congregational, it would be a way to bring an extire extinction of all religion and fear of God in all those that would not congregate willingly, or may be could not for want of the sincerity of membership required in all them that congregate; so that in a short time, the greatest part of the Nation would be lawless, because voided of religion and the care of it.   

§. 17.  
But however the Magistrate countenance ordinances, and in what way soever; the meeting of men in one place under the same ministry and ordinances, whether it be of members of the same place and neighbourhood or no, is the true adequate proper definition and description of a true visible Church in a Scripture sense; and such a Church, partly by a Divine positive right as it is a congregation of Christians, partly by a Divine natural civill politic right, as it is a society of men endowed with prudence, wisdom; liberty of mind and body, hath power and right to govern itself and make orders most convenient for their own subsistence: all other acceptions of Churches are but improperly made use of: for a national Church is the same with the Christian Commonwealth, and this association of Churches is merely of human prudence and not of Christs Institution.   

§. 18.  
But how private Churches came to varie from their first institution by assuming some thing like a jurisdiction both in the jewish State, and since Christian Religion was professed, it will not be amiss to declare 1. I take for granted that the first Christian Churches were like those convocations or synagogues frequented every Sabbath-day in the jewish Commonwealth, and like those of the brethren of the congregational way independent on any other Church, synod or Church judicatory; for so the Centuriators tell us, cent. 2. cap. 7. and Vignier, whom the most pious prelate and learned Dr. Usher took for the faithfullest writer that ever wrote the Church-History, the form of Government in this age was almost democratical, for every Church had equal power to teach the Word of God, to administer the Sacraments, to absolve and excommunicate heretics and those that lead a dissolute life, to elect, to call or to ordain Ministers, to depose them when occasion required to erect schools, to call Synods, to ask the opinions of others upon doubts or controversies. 2. We do not red that those convocations or synagogues in Levitic. 23. afore the people was lead into captivity were invested with any jurisdiction, but only lived in a brotherly confederacy each member preferring another in love and mutual condescension; besides, they had no need of discipline, since all the people in those convocations were as so many scholars attending and hearkening to the lectures and expositions of a professor, Doctor or Preacher, and had no occasion to confer about laws of their government, no more then the auditory and the whole congregation when they meet upon a Sunday in a Temple to hear the Minister: 3. when the people were lead into captivity and their own Magistrates were removed which kept up the public national Church-way, those convocations& houses of prayer by degrees& lapse of time changed nature and became as many little Commonwealths endowed with jurisdiction, not only performing exercises, as we see Act. 13. v. 27. and chap 15. v. 21. but also having coercive laws& Iudges, handling all caufes and matters as well ecclesiastical( as they call them) as civill: and whereas afore the captivity none but rabbis and Prophets taught, afterwards Priests and Levites and the Elders of the people were joined to them in one synagogue; and so putting out of the synagogue, which was a judicial sentence of the assembly, and which some are pleased to call excommunication, came in fashion; for afore the captivity there is no footstep of excommunication: thus synagogues were invested not only with a faculty to perform duties and acts of worship to God, but also with a power of Magistracy. 4. These synagogues being turned or converted into Christian Churches, retained the same construction and qualification in performing church duties, and exercising power of Magistracy; which for 300. years after Christ was assumed by the consent of members and afterwards was delegated by the Emperours. This way of Magistracy, it seems, was approved of by St. Paul, 1. Cor. 6. v. 1, 2, 3. &c. where it is evident that St. Paul recommends there should be in the Church, besides those that labour in the word and doctrine, some of less eminency amongst them to decide differences and controversies of another nature, albeit some think they were set by St. Paul only as arbitrators, and not as Magistrates of the same power as the elders in the synagogues. Reverend Dr. Lightfoot hath these words about the meaning of that place, afterwards to take the Corinthians off from going to infidel Iudges, he requireth them to decide the matter themselves, till the time come that the Saints shall judge the world; that is, till the time come that there shall be a Christian Magistracy. Those that decided such matters were called Elders, seniores, and continued till the Emperors became Christian, who instead of them erected audiences of Bishops, to which it was free to repair, or to a secular judge; which custom Ambrose did not like so well, when as St. Paul would have matters worth complaint to be composed by the elders of the Church, and wisheth that the Elders in use in the synagogue, and afterwards in the Christian primitive Church, were again erected and appointed in Churches.   

§. 19.  
Hereto the Churches power assumed by common consent and confederacy, changed hands, and was taken up by the Magistrate and delegated to him again: and yet however the Emperours were affencted, either for, or against Arius, good men used every where to meet in particular conclaves, meetings, and fellowships, and houses of prayer to confer about heavenly things, and to humble themselves and pray to God for the removing of those evils and judgements, which bad Bishops and Emperours did strive to bring upon the true Churches of Christ: and the Emperour kept that jurisdiction in the settling a national Church-way, discipline, and religion, until the Bishops of Rome snatched it from them; and enjoyed it many centuries of years, till the reformation begun by Luther in many Nations, namely in England, where that same jurisdiction in ordering matters of religion, in a national way was reunited again to the Magistrate of the country, as many of our Acts of Parliament tell us.   

§. 20.  
To bring the matter to some head: as we have seen that the congregational way is very compatible with the Magistrates jurisdiction in ordering matters of religion in a public way, so no doubt it is altogether incompatible and inconsistent with an ecclesiastical Synodical jurisdiction, if they make it independent on the Magistrate; for, 1. That Ecclesiastical national jurisdiction must comprehend all men in the same territory, and consequently all the men of the congregational Churches: for it is no jurisdiction, if it be free for any man to withdraw from it, and adhere to the congregational way. 2. most men that are not well informed about the extent of power wherewith synods are invested, will be continually fleeting about the measure of their subjection to them, when one party maintaineth that Synods have a judicial power authoritatively to determine, and to impose laws and ordinances, upon private churches, and th' other holds that Synods have but a faculty to advice and give counsel. 3. and since there is hardly a man of the congregational way, but is willing to be partaker of some of the ordinances( yea may be of all) administered by that Minister who is for a national Ecclesiastical jurisdiction, and yet is not willing to submit to his jurisdiction, you shall have a member of a church that hath not submitted to the jurisdiction of that Church. 4. the nature of the Church in Scripture sense will sooner admit a jurisdiction included within a particular Church, than within a Presbyterian Church independent on the Magistrate. 1. because such a Presbyterian national Church is no Church in Scripture sense, and therefore no jurisdiction can be ascribed to it. 2. the holy writ mentions but three kinds of Churches, that of the elect, the catholic visible Church,& the particular Church; there is no room for an English, Gallican, or Dutch Church in a Scripture sense, and so no jurisdiction belongeth to such a Church; for if the catholic church that hath a real being in the world and in the Scripture, cannot by any means be invested with jurisdiction, much less a national church, which hath no existence but in the abuse by the vulgar, who call all the private churches of one nation by the word Church. Many other incompatibilities I omit for brevity sake; and which will never fall out, when the Magistrate takes in hand all national church jurisdiction, how few or many soever churches there be of the congregational way whose jurisdiction is of no great extent, and of no dangerous consequence, no more then the jurisdiction of a father of a family, who needs not the inspection and direction of the Magistrate to govern his family with such religious orders as he thinks best; whereas it would bring a great conflict into the State if so many families as there be private churches in one territory had the liberty to associate in one entire body, and take up and exercise a jurisdiction, which should be independent on the jurisdiction of the sovereign Magistrate: this is the case of a national ecclesiastical jurisdiction independent on that of the sovereign Magistrate, and which hath caused strange conflicts in the Palatinat, Scotland, Geneva and other places, whereof I have brought many examples elsewhere, no such inconvenience can befall, even by admitting that congregational churches were endowed with a jurisdiction independent on the Magistrates jurisdiction; for the jurisdiction of many little churches of equal authority not combined, will never breed any faction to the disturbing of the public peace, yet the keeping of them a sunder from joining heads and counsels, avails much for the strengthening of his sovereignty, according to the saying, divide& Impera.    

chapped. II. Of Tithes and settled maintenance for the Ministry.  

§. 1.  
MAny of late who have written of this subject have spent much paper and ink in vain, without stating the right of Tithes: some are very eager to prove that they are of Divine perpetual right, and not alterable without sin by any law of man: others, that they are of a Divine right, but to be of no longer standing than the mosaical laws and ceremonies, and so to be abrogated by a Christian Magistrate: some disprove wholly the use of them, not because they are tithes, but because they are settled maintenance for the Ministry; which maintenance they would wholly take away in order( it seems) to the abolishing of a standing ministry employed by the sovereign Magistrate for promoting the settlement of religion and piety in a national public way. They are in the right, in my judgement, that hold they are to be retained, 1. by Divine right, so far as by Divine right the Magistrat who must order matters of religion in a national public way, is to make a provision for the ministry, and that no provision is more just equal and reasonable than that of tithes. 2. by human right, because the Magistrates Godly prudence hath thought this way most just and equal, yet by a right that is alterable if the Magistrate can find a better way to set up public maintenance of the Ministry. I am sure Ethelwolph, who brought the Saxon-Heptarchy into a Monarchy, conferred the tithes of all the kingdom upon the Church by a charter anno 855. which was never yet repealed: and so far tithes are of human right in England.   

§. 2.  
Those that hold them be of perpetual right, have committed many gross mistakes. 1. the Divine right of the law of tithes is not in the number of 10. but in the proportion of one to ten, which God allowed as a reasonable maintenance for a tenth part of the people, even all the tribe of Levi, and to defray all the charges about the Levitical worship: now the tribe of Levi was about the 10th part, if we take in those that were not of the tribe of Levi, and were attending on many low employments necessary to be discharged about the Levites or the Levitical service, and were to live of the leavings of the children of Levi. Now this proportion of one to ten being of Divine institution and right, this law of tithes cannot be fulfilled in a Christian Commonwealth, except the Ministry be so numerous as to make the tenth part of the people, or unless their maintenance be of that proportion, as one is to the number of ten, which would be altogether unreasonable& unjust; for then one Minister who usually maketh not the two hundredth man might engross in a little time the estates of 200. men. Since then the Ministers of the gospel were to be either by Gods providence, permission or appointment, nothing so numerous as the proportion of one is to ten, is it probable that the law enjoining an Israelite to pay one of ten can stand in force under the Gospel, and be fulfilled when 500. Parishioners pay the tenth part of their yearly revenue in corn, fruits and money to one Minister? had it been so, then one Levite had been verypoorly shared in comparison of one Minister of the gospel: for the Levite could receive but of one man the tenth, th' other( it may be) the tenth of 500. or one thousand: and whereas the Levite could receive but 1. in 10. yearly, the five hundred parishioners worth it may be 10. l. a year a man one with another would afford 500. l. of yearly maintenance to their single Minister: but sure God meant more than one of ten to the tribe of Levi, and not so much to the Ministers of the Gospel, and the number 10. stands for a Levitical maintenance as the 7th. pig is called tithe though it be not the tenth. Chrysostome Sermon. 103. mentioneth a far greater proportion as fruits, first fruits, tenths, tenths again, thirteens, sickles, half sickles, meat-offerings, heave-offerings, their therumah of the tenth of all, that is, the hundredth part, besides their free entertaining of Levites in their houses; there being hardly a good house where there was not a Levite. And as God never meant the tenth to the Ministers, so was it never given, if the tithes be taken in the lump or if it be taken notice that a great part of the tithes are impropriate& that much land, many fruits, coalpits, mines, a world of wears and dwelling-houses are not tythable. But the tithes paid to the Minister are improperly called tenths; for were the duly paid, they would amount to the fifth or sixth part of every landed man in corn, grass, fruit and cattle. Suppose one country Parish had one 1000. acres of Land tillage and pasture worth one with another 20. s. an acre, I conceive if the Parishioners of one consent should give to their Minister in lieu of tithes 100. acres of ground to till and manure himself, or to let to another, that then those tithes should be exactly the tenth of the revenue of the whole Parish, viz. a 1000. l. for a 1000. acres of land: but the said 100. acres of ground being tilled and manured at the charge of the Parish, no doubt but the Parish, besides the 100. acres of ground( which being let will afford 100. l. yearly) giveth another 100. l. to the Minister, which he saves in country manage, and in keeping of servants Teams and ploughs, and so his tithes are no more tenths but fifths.   

§. 3.  
The law of tithes cannot be of a perpetual Divine right, in regard this revenue allowed for the upholding a ceremonial worship, and for maintenance of a levitical Priesthood, was to cease with the Priest and Priesthood, which ended at the same time that Iesus Christ said all is fulfilled. When there was no more need of an Altar, good reason that gifts should be no longer brought to the Altar, those also that served at the Altar being dismissed, as of no further use. 2. For this reason the Ministers of the gospel are not to challenge the continuance of tithes, in regard they did not succeed to the Priests and Levites but to the Prophets that taught in schools, and which we red not to have been maintained out of the levitical tithes. 3. the laws which God gave to the Iewes were fitted to their Commonwealth only, and were not intended to oblige Christians to the observation of them, as all ceremonial, and many politics laws; as for example, the law about trying Virgins, and that law which gives a double portion to the elder, which latter law was so far from being a precept binding the Christians, that it hath not been taken for an example to be imitated in divers very orderly Christian Commonwealths, as this of England, who thinks it no sin if a man die without a will, that all his Land should go to the elder son: what warrant have we from Scripture, that the law of tithes carries with it a greater necessity of duty, so as not to vary from it? Lastly, as the jus Divinum of tithes was to hold no longer then Priests and Levites, so was it to be of no longer standing then those men that attended the public national worship, had no other maintenance then that of tithes, for they had no inheritance among their brethren: but the Ministers of the gospel being neither Priests nor Levites, and their Ministry being quiter of another nature, and having an inheritance among their brethren, which they bequeath to their children, that Divine institution of tithes must needs cease, when their persons and their ministry for which tithes were instituted were taken away.   

§. 4.  
Others being carried to extremes, say that the law of tithes was ceremonial, and consequently is abrogated. To this I say. 1. We are freed from paying tithes to Priests and Levites, because freed from Priests and Levites; but we are not obliged not to set up tithes by an human constitution, or not to bestow them upon the Ministers of the gospel; we are freed from bringing a gift to the Altar, but we are not hindered by that freedom from bringing a gift to the Altar, nor to bring a gift to the poor of the Church. 2. we are freed from that bondage to place more holinesse in the number of ten than in that of eleven: Christians do not conceive there is more sin in the Minister to accept the worth of 100. l. in corn or in grass for his salary, than to have it in money out of the public treasury. And if it be free for a Landlord to let his Land to a tenant for such a sum of money payable yearly, sure he hath the liberty to contract with him for the value of it in sheaves or in quarters of corn as they can agree; and why not as well for 10. sheaffes as for 20? 3. tithes are put among res medias, as eating and not eating, which have no sanctity or sin in themselves, but as they are used, good, if directed to a good end, bad, if they be misused. That law were sinful that should recall again the distinction of meats, the use of candlesticks, snuffers, vessels and the like, for that typical end for which they were then commanded by God, but that law would not be amiss now that should forbid the killing of young cattle in the spring for their increase, and set up candlesticks to bear candles to give light in the Church when the Sun is down.   

§. 5.  
As for those that will abolish tithes, because they would not have any settled maintenance for Ministers, my soul and reason doth not enter into their counsel: they are no alms; they are debitum justitiae non charitatis. It is a very equal and just maintenance that falls and rises as years are cheap or dear, and as Lands improve, so tithes do: in dear years, when less corn, no less money is accrueing than when there is plenty of corn. This advantage stipends do want; for being the same every year, they may prove a short allowance in a dear year and in a short time. tithes are the free gift of the earth and not a benevolence or gratuity of the people, for they have no right or property in them: they never bought nor paid for them, neither could they come by inheritance, for, that which was not their forefathers could not descend to them: Neither came tithes to the people by donation, which they can never show: the people merely afford their labour in exchange of the labour in word and doctrine dispensed to them and yet scarce that, since it is due when the tithes are impropriate, so that both labour and tithes are like a rent that the Land is charged with, not by the Landlord, but by the state and law of the Land, without any damage loss or diminution of rent or profits to the owner, who bought the Land upon that consideration that it was Tythable, and which had been the dearer had it been infeodated at the first purchase. Neither doth the State give now any thing of its own but protection, interposing its authority that the gift of God and of the former Kings through the labour of the people be not hindered. If any revenue is arbitrary, it is the gift of tithes, for it is ad arbitrium Dei non hoins, for as God giveth rain when he pleaseth, and more or less of it, so doth he give an answerable harvest.    

CHAP. T. III. Of Ministers capacity to sit and vote in Parliament.  
I Am of this opinion that the very refined mystery of iniquity whereof St. Paul speaketh, 2. thessaly. 2. is the earthly dominion called exaltation above all that is called God, which the Bishops of Rome have assumed over the Kings and Nations of the earth, under the pretence of an ecclesiastical jurisdiction distinct and independent on the Magistrates jurisdiction, and that the main weapon in the Popes hand to get himself this dominion hath been this fabulous thunder( and not so much as a flash) of excommunication, so that nothing hath more contributed towards the advancing of this mystery then the opinion of two jurisdictions in every state collateral and coordinate, whereof the Magistrate hath the managing and keeping of the one, and the clergy, and in chief the Pope, the keeping of the other: that church-men are Governors of the Church, and the Magistrates, Rulers of the Commonwealth; that the Magistrates in their civil assemblies must judge and order civil affairs; but that in synods the Ministers of the gospel must sit, vote and order matters of Religion. The Pope and his clergy having gained thus far, and persuaded men that there be two jurisdictions, have in consequence obtained easily to subject and subordinate the civil jurisdiciton to the ecclesiastical, and subdue unto himself the Kings and Nations of the earth: for Baronius, Bellarmin, &c. after they have very rationally demonstrated the incompatibility of two jurisdictions coordinate and collateral in one and the same territory,& the necessity of subordinating one jurisdiction to the other, have concluded as rationally that the civil jurisdiction ought rather to be subordinate to the ecclesiastical then the Ecelesiasticall to the civil, whereas if the truth were well known that this double jurisdiction ecclesiastical and civil, is a mere mockery and sathans devising to bring at length the magistrates jurisdiction under his bow: and were it well known that the Ministers of the gospel have no jurisdiction, but that of the word over mens hearts and consciences, the Popes kingdom would soon fall to the ground, there would not be two governments in every territory, one of the Church and th' other of the Commonwealth: there would be but one Christian Commonwealth, one power, one supreme counsel, judging of and ordering all matters, whereby men are to live soberly, righteously and Godly in this present world, looking for that blessed hope, &c. no member of that Commonwealth what ever profession he be of, that loves peace, religion, that hath wisdom and prudence, that is concerned as a citizen, husband, Landlord to contribute towards the settlement of the Commonwealth should be kept off from sitting and voting in public assemblies, by what title soever called or distinguished; and Ministers of the gospel should as well sit and vote in Parliament as other men are admitted to vote and sit in synods: for I humbly conceive that it is a wrong both to religion and the peaceable and Godly settlement of a Commonwealth, that Ministers do not sit and vote in Parliament, and are not admitted equally with all other ranks of people: to make that good, I further propound these considerations following.  

§. 1.  
The keeping of Ministers from sitting in Parliament hath given to the Ministers just ground to have judicatories of their own, where the laity should not be admitted, and this hath occasioned the rooting in mens minds the opinion of a double jurisdiction, wherein Ministers find themselves much losers; for besides that, thereby they loose quiter their share in the Magistrates jurisdiction, whereof all ranks of men are made partakers, it falls out, that while they challenge unto themselves entirely the ecclesiastical jurisdiction, they enjoy but the bare name of it, since it necessary returns into the possession of the Magistrate and cannot be exercised without him. May be the clergy and Ministers must thank themselves that they are not admitted with men of all profession to have a share in governing the Commonwealth, having begun to exclude themselves by challenging a jurisdiction of their own, independent on the Magistrate, and thereby given just grounds to be quiter cashiered and got nothing but an empty thing, a cloud and a shadow which they have clasped in lieu of a substance: and the Magistrate in the reformation made no hast to restore unto them their rights, or dissuade them from parting with an ecclesiastical jurisdiction, which at the best was but a sword which they held by the blade, though the hilt be the hand of the Magistrate.   

§. 2.  
There being in a Parliament men of all sorts and ranks, Gentlemen, Lawyers, Physitians driving the same interest to promote religion, liberty; laws, it is altogether unreasonable that Ministers equally concerned should be, as it were culled out of the number, and much more that Ministers should be like the Gibeonites, who must be subject to the law they never had a hand in.   

§. 3.  
It is known that men though chosen for their wisdom and faithfulness, yet do not sit and vote in Parliaments, Synods, &c. as they are artists, or invested with a profession and endowed with knowledge or science, but as they are invested with judicial authority delegated or assumed by consent; sure a physician in a Parliament may discourse of physic in the Parliament as physician, but he doth no more give his assent to a law for regulating Apothecaries as physician, than either a Merchant or a Draper give their vote to a law quatenus Merchant or Draper. So then Ministers being to sit in Parliament are not to sit as a distinct order as Ministers, and as Bishops did sometime challenge, nor give their suffrage to a bill for reforming or regulating religion as Ministers of the Gospel. But Ministers are to sit and vote in the capacity that Bishops did sit, when they voted as Barons and peers of the realm, and not as Bishops, and in that capacity that Lawyers or Physitians have in the same Parliament: for even Ministers in a synod, though they discourse pertinently of Divinity as Ministers; yet they do not, and they ought not to give their vote to a Canon against heresy or blasphemy as Ministers, but as Iudges and men invested with judicial authority.   

§. 4.  
It seems to me unreasonable and unconscionable that men never so wise, Godly and experienced should be barred off from those assemblies and be made incapable to afford their wit and counsel, because of their habit and profession, as if a man refused to take a wholesome remedy from a Lawyer: were Ministry not suitable with the employment of a Parliament man, yet as none would refuse the reaping of a benefit, what ever hand should give it, so none ought to refuse a wholesome counsel, because given by a Minister; and how can it be better imparted then in a public State Assembly? did a Minister know a secret to blow up all the King of spain ships in their havens, his Ministry should not hinder the State to make use of such a man: but of all professions, Ministry is most agreeable to the making of laws grounded upon Iustice, equity and conscience as all must be, and their parts lie that way more then those of Physitians or Merchants.   

§. 5.  
Since the greatest end of Magistracy is to advance the Kingdom of the Lord Iesus,& that for the obtaining of that end, it is needful to make laws, and constitutions subservient to it, why should Ministers of all men be left out, whose education and profession renders them more capable to advice for the obtaining of that great end?   

§. 6.  
But the complication of the affairs that regulate religion in a national public way, with those that regulate the Commonwealth is so great; yea there is so much affinity between all kinds of affairs and so much of religion in every constitution made by man, that of all men Ministers should be called on to advice as being most skilld and studied in the judgement of God.   

§. 7.  
There is the same reason for Ministers to sit in Parliament, as there was for Priests, Levites and Prophets to sit in synagogues and judicial assemblies of the Iewes; it being certain, that the great Sanedrim was a mixture of Priests and Levites, with the Princes and heads of the people. Iosephus tells us in the 2. Book against Appion that that Moses appointed Priests to be overseers and Iudges of all controversies and to condemn and punish.   

§. 8.  
There is equal reason that if the supreme Magistrate calls lay men to sit and vote in synods, he should call the clergy to sit and vote in Parliament; for none of them vote in Parliament or Synod as Ministers, Lawyers, Physitians, Merchants, but as members of the Commonwealth, and invested by those that sent them with judicial authority.   

§. 9.  
There was no such thing so much as heard of for many hundred years that Ministers and Bishops should be thought incapable to sit and vote in the supreme Court of the Nation. In England, France, Germany, &c. though the Pope had already much advanced the hatching of his two eggs Ecclesiastical and civil jurisdiction, for 5. or 600. years the State assemblies were a mixture of Senators, Bishops, Abbots, Lords, Gentlemen, &c. and in these assemblies all matters were debated and handled; whereof we had lately some footstep in England, when Bishops sate in Parliament: and even in the Popish Nations, as in France there is no high Court of judicature without some of the Clergy in it; only they usually go aside when some criminal cause is handled, but not when an edict about criminal causes is debated.   

§. 10.  
And here we must distinguish the power of legislation from that of jurisdiction; for the profession of Ministry doth not render the Ministers uncapable to make laws even about crimes, treasons and the like; but it may well render them not so fit in a Court of judicature to sit upon life and death, or to exercise any part of jurisdiction, as of Iustices of peace, Majors or of Iudges, but to use a homely comparison they are fit to make a coach but not to drive it, and to be coachmen: a physician cannot be blamed to accept to be chosen burgess for Parliament by his country, but the office of a Sheriff or mayor or Sergeant will not so well svit with his profession of practitioner of physic, the like may we say of a Minister of the Gospel: and besides many Ministers parts lie not so much for preaching as for Government, as St. Paul tells us 1. Timoth. ch. 5. and such may be the fitter members of Parliament.   

§. 11.  
And if religion; church-discipline, maintenance for Ministers by tithes, or otherwise, taking and giving use and increase of money, must be established by law;& by law Idolatry, profaneness, perjury, taking Gods name in vain must be banished, it seems to me an unreasonable thing that Ministers should have no hand in making that law, who of all men are entrusted to know and to declare Gods mind and counsel, the equity and conscionablenesse of the law, and who besides are invested with titles and office of Governors, Rulers and Overseers of Churches, and of Ambassadors from Christ: And albeit Ministers have no jurisdiction at all, but that which they exercise in their Ministry over the spirits, hearts and consciences of men, yet, as they are not by their Ministerial function deprived of a Paternal, marital or Heril power and jurisdiction, when Gods providence doth call them to it, so neither doth their Ministerial sacred function diminish any thing of a capacity to be empowered with that jurisdiction, which mainly is conversant about ordering duties or actions to be performed by those who are settled in that function.   

§. 12.  
Since the godliness of these times hath abolished the distinction of Church and State, of civil and Ecclesiastical jurisdiction, and taken away the distinction of clergy and laity, so far as to conceive that the laity is none of the Lords inheritance, or to constitute two orders in the Commonwealth in order to introduce two collateral jurisdictions: And since now God hath in these dayes powred of the spirit of the Prophets upon the multitude, and is a working to make of them, both one holy City and one Commonwealth to the Lord: since those times of ignorance are past, when the clergy had all the sway and knowledge on their side, so far as to make a great wonder to see a lay man that could red, and they would say, legit ut Clericus, and for that a man deserved pardon of the Prince, since the walls of partition of gifts and parts are removed and not fastened particularly more to the Ministers of the Gospel then to the people or Magistrate, since Ministers want no insight in the Government of the Commonwealth: since( I say) these things be so, I cannot see the less shadow of reason why Ministers, who have the same interest by birth, are alike citizens and members of that Commonwealth and have a religion lands, peace, liberty to secure to themselves and to their posterity, shall not be alike made capable to sit and vote in the Parliament of that Commonwealth.   

§. 13.  
It is the law of nature and of Nations, that those that have power to deputy and delegate are supposed to have a capacity to be deputed and delegated: now it is known that Ministers in England do actually exercise that power to deputy and delegate members to the Parliament; particularly in the choice of members for the University, is there any thing more reasonable then that the principal members of the Universities, as are the heads of colleges and Halls be chosen, whether Ministers or others, and that those that are Ministers be not by their Ministry rendered more incapable to be members of Parliament, than others in regard of physic or civil law, which they profess.     

An entrance into this one Proposal towards the settling of a lasting and flourishing Commonwealth, Which is That Parents inheritances be divided equally among their children.  
THe Printer having desired of me to make this Book either shorter or longer by one page., this subject came into my mind; whereof I have among my papers at Oxford a discourse in writing. The drift of it is to show, that the grand arcanum Imperii to preserve Democracy and keep it from going back to Monarchy, is to make a law for sharing inheritances, into more equal portions among children. This proposal, as I remember, I make good by many arguments out of Scripture, reason the authority of the civil law, and the civilians, and the practise of all States, that meant to procure liberty, peace and plenty to the people. The holy Scripture never allowed but a double portion to the elder. I allege the examples of the Romans, and of the nations, at the dissolution of the Roman Empire; namely that of the Gaules, where their Princes divided the Kingdom among many children: by which they receded as much from those ways that strengthen Monarchy, as by them they advanced the popular interest. I descend unto reasons, some of which I remember were, 1. This arcanum Democraticum is a mean to improve every parcel of ground, to enclose waste lands, to fill up the country with people, buildings and good husbandry, when younger brothers are kept at home having a little estate to manage, from an idle wandring life and from following wicked courses. I bring the example of those countreys, where brothers being shared alike, the land is much more improved, is fuller of people, less given to vanity, than where an elder carries all the estate and land, much consisting in parks, chaces, wild forrests, instruments of vanity and idleness. 2. as sharing equally, children will reduce mens conditions into that condition, which is more agreeable with Democracy, which is mainly upheld by an equality of ranks& fortunes, and where Magistracy, and not personal honour puts a difference among men, so that disproportion, which gives all to the elder, begets a vast disproportion between men in their honours, ranks and fortunes, which in a short time will eat up the Commonwealth. 3. I press this reason, that great houses and families, being continued in their high titles of honour and port, will be continually making towards Monarchical Government, from which they are persuaded, that their lustre and glory is derived, and having fortunes answerable to their titles of honour, they will be more scorning and hating popularity, as endeavouring to pluck them down; and they themselves will be the more endeavouring to keep their distances, the more conscious they are that popularity and Magistracy as it is seen in Switzerland, are not compatible with Nobility. 4. but the principal reason and which ariseth from the very being and essential constitution of a Commonwealth, as it is so lately fetched out of the bowels of Monarchy, is that in a short time, younger brothers, who exceed far the number of the elder, will join their interest with that of the Commonwealth, so that the State will need no other Army, but that of younger Brothers.  
FINIS.