THE POWER OF THE Christian Magistrate in Sacred things.  
Delivered In some Positions, sent to a Friend, upon which, a return of his opinion was desired.  
With some considerations, upon the Answer; and a Digression concerning Allegiance, and submission to the Supreme Magistrate.  
By Lewis du Moulin, History-reader of the University of Oxford.  
LONDON, Printed by G. Dawson, for FRANCIS EGLESFIELD, at the S in Paul's Churchyard. 1650.   

To the Right HONOURABLE Bulstrode Whitelocke Esquire, Rich. Keble Esq; Sergeant at Law, John Lisle Esquire.  
Lord's Commissioners for the Custody of the Great Seal of England.  
My Lords,  
I Pretend not by this Dedication to loosen any one link of the chains of Civilities, and unmerited favours, whereby I am bound unto your Lordships: But rather, finding myself insolvent, & as a stranger, destitute of other Sureties; I have taken the occasion to give public suretyship of my professed beholdingness: Besides this personal motive, there was another real; for intending this discourse, only as a Hue and Cry after truth, which the self interest of some hath lurched from the knowledge of other Christians, I should wrong this same truth, if I did not entitle your Lordships to her patronage, who are upon all occasions her so zealous abettors. Your known goodness, requires, I presume, no Apology for the incongruous address or composure of a stranger: I pretend to truth; and if she be not, (as she ought to be) I am sure my English is, stark naked: in which condition if you please to cast over her, the mantle of your protection, the stormy age wherein we live, shall no more hinder her production, then abate the zeal of  
Your Lordship's most devoted Servant, LEWIS du MOULIN.   

To the Reader.  
HAving occasionally made some Considerations upon the ensuing Letter, which gave me in one place (pag. 20. etc.) a fair insinuation to speak of the Allegiance due by Subjects to the present power, by God's providence set over them, I was the more willing to insist a little upon it, and particularly upon the late Engagement, which, being tendered me in Oxford by order of the State, by whose favour I am a member of that University; I freely acknowledge, I was not so scrupulous as many of my brethren of the University were; men otherwise of known piety, and integrity; but have subscribed unto it: for which undergoing various censures, by many, who, either are not yet persuaded to subscribe, or are engaged otherwise, and being not conscious to myself that herein I have done against my duty, or disobeyed God's word, or been prepossessed with particular interest; I thought myself obliged to give publicly an account from what Scripture, reason, and humane authority I have received satisfaction and encouragement to subscribe, thereby hoping even from the most averse, either to be pardoned or excused.   

Errata.  
Pag. 81. lin. 24. read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. p. 107. l. 9 Acts read Arts. p. 110. l. 13. 14. read, over few Bishops.   


Positions concerning the Power of the Christian Magistrate in Church matters.  
I. THat all humane actions, Natural, or Voluntary, even the most mechanic and servile, so they be necessary, and not sinful, must be done in faith, and are to be referred to the Sovereign end, which is to glorify God by words and deed, and to obtain the Summum bonum of men, which is the love of God, and union with him.  
II. That the principal duty of the Sovereign visible Power, in regulating the actions of men's society, is not to make new Laws, but to declare the will of the Grand Legislator, (even God in his Word) for the right governing of that society, according to his divine will; making Laws agreeable, or not repugnant to it; holding forth to the people for a sovereign Law, that God must be rather obeyed then man.  
III. That since the Sovereign Power hath right to regulate all humane actions, which do tend to that Sovereign end, he alone must preside over all Orders, Laws, Offices, Places, and Persons, which have any reference to the said actions. Else, if two Supreme Magistrates were constituted, sharing betwixt them the Supreme power, the one being over certain actions, they call Ecclesiastical; the other over the Civil; such a State cannot be conceived without a great deal of confusion: Humane actions, of what kind soever they be, having so near affinity among themselves, and being included one within another.  
iv That for the most part, the causes of Heresies, and Wars, which have troubled the World, came from the Pope's dividing the said actions, vindicating to themselves the regulating of one part of them, leaving the ordering of the other to the Emperor and Kings, and thus erecting Imperium in Imperio; and not only so, but by reason of the great affinity there is betwixt humane actions, reducing almost all of them under his cognizance.  
V That the Reformers have indeed repurged the doctrine from Popery, but still have kept to themselves the Sovereign cognizance of the actions which they call Ecclesiastical, assuming to themselves the power of the Keys, which in truth is restrained to this sentence, That God must be rather obeyed than man; and therefore, when the Magistrate was unwilling to have a hand in the Reformation, or the exercise of the true Religion, as in the primitive times, or in France, they have done well, even without, or against the liking of the Magistrate, to make a body of Congregations, giving it an order, which they call purely Ecclesiastical. Likewise, they did well to create Elders, who are the Deputies of the people, for otherwise the word could not have been preached, the Sacraments administered, and the souls saved: But where the Sovereign Magistrate is of the same Religion with the body of the people, these words Ecclesiastical, Civil, Spiritual, Temporal, Clerck, and Lay, aught to cease, and with them the diversity of legislation and jurisdiction; and under such a Magistrate the Commonwealth is a Christian Visible Church, these words having but an accidental difference; but yet such as have caused a real difference. Now such distinction of words, which parts things that should not be divided, ceasing; the original of all order and power over all actions and things, is seated on the Sovereign visible power, and doth extend to, and over all kinds of persons, none being exempted, nor any thing excepted, if it be not contrary to God's commands. In sum, the Supreme Magistrate is none other than the Minister of God, for the good and salvation of those that are under government.  
VI These things being so, and the Christian visible Church being an assembly of good & bad, which have need to be governed for their temporal and eternal good, it is manifest, that under other words, it is the same thing with the words of Christian Commonwealths, and that the legislation & jurisdiction which the Sovereign Magistrate hath over it, is extended over all persons and causes, and in all Assemblies, Synods and Classes; for even the conclusions and canons of the ancient Counsels had no force which constrained to obedience, but as they were ratified by the seal, or supreme will of the Sovereign Magistrate, who usually did call, and dissolved them.  
VII. Although all power and jurisdiction in all things be annexed to the Sovereign Magistrate; by that, we do not mean to diminish any thing of the nature of the Empire, and jurisdiction which the Lord jesus Christ, even in this world, hath over his Church, whose members he knoweth by name, and which he doth govern by his Word and Spirit.  
VIII. But to believe, that the body of those that make an external profession of the true Religion, must be governed by Laws made by persons distinct in jurisdiction, or legislation from that power which belongeth to the Sovereign Magistrate, 'tis a thing which cannot be found in the Scripture, where we do read that the Church and Kingdom of the jews were the same thing, and that in the Synedrium all causes were decided, and all kinds of persons convented.  
IX. These things being premised as afore, 'tis not understood that the government by Presbyteries, Synods, Classes, or even by Bishops must therefore be abolished; but only that all their jurisdiction is like a branch or rivulet streaming from the fountain of power, residing in the Sovereign Magistrate.  
X. Neither is it understood, that the Magistrate ought to give orders, or preach the Word, (although magistracy and ministry be things very consistent) no more than to create Doctrors of physic, or the like, but only that the power to exercise any profession, or calling externally, is conferred by him, and cannot be done without him.  
XI. That the calling of Lay-Elders is not of necessary use in a Country where the Magistrate is of the same Religion with the body of the people, it being more than reasonable, that so much, or more power be granted to the Orthodox Christian Magistrate, than they yield to the Elders in France.  
XII. Now because some think it unfit, that the ministers, and the causes which they maintain to be of their cognizance, should in all things be subaltern to the Sovereign Magistrate, the only expedient, if we believe them, to make the Church and State to be one Christian Commonwealth under one Sovereign power, were that the Rulers and Overseers of the Church, as Ministers and Elders should have also the Commonwealth committed to them, in the manner as the Waldenses, or Albigenses were governed; for it seemeth that such Ministers would be contented that the Church and Commonwealth were one, so that they might have the whole rule, and Government; but rather than to miss a share, they become strong assertors of a distinct jurisdiction, whereof they may appropriate one unto themselves. Sic hisuperiorem, illi parem non ferunt.   

A Letter Examining the foregoing Positions.  
Sir.  
YOu sent me certain articles, touching the Ecclesiastical policy: and thereupon are earnest to know my opinion: the which I was long in debate, whether I should deliver or no; questioning, whether the declaring of my sense in this matter be of any weight or moment: but since, by your last, you press it further upon me, telling me that some persons of wisdom, and gravity, and in authority in the state, are earnest to know my sense and opinion thereon. I have at length given way to your importunity, leaving to your discretion, either the suppressing of this writing, or making of it public.  
The two first articles do lay down for a foundation, that all humane actions ought to be done in faith, and referred to the sovereign end, which is to glorify God, and to obtain salvation, and that the duty of the sovereign visible power is to declare unto the people the will of the great Legislator, and that the laws of the said sovereign power ought to be conformable, at lest no way repugnant to the Law of God. All this is just and honest, and it were a sin against piety to contradict it.  
The second article saith, that the sovereign Magistrate hath right to regulate all humane actions which are tending to that sovereign end, and that he alone ought to sway and preside over all means, Laws, offices, places and persons appertaining to the said actions: else if there were two supreme Magistrates, one over the actions, they call Ecclesiastical, and another over the civil, a great deal of confusion would ensue: And that heresies, schisms, and wars did arise, for the most part, from the Pope's dividing the said actions, challenging to themselves the regulating of one part of them, leaving the other to the Emperor and Kings; thus setting up Imperium in imperio.  
I am of opinion that there cannot be in a well composed State, (and so doth the scripture teach us) more than one sovereign power, and that all persons of what quality and condition soever, are subject to the sovereign Magistrate, and that the Pastors of the Church cannot be excepted or exempted from that subjection: their duty being to exhort and dispose the people to be faithful and obedient to that power by God's providence set over them, and chalk them the way by their example. 1. Iosh. all the people (the Levites and the Priests being comprised) speak thus to joshua, All that thou commandest us, will we do, and whithersoever thou sendest us, we will go. 1 King. 1. v. 33. David saith to Bethsheba, Take with you the servants of your lord The context shows that Zadok the high Priest was of the servants of the King. 2. King. 23. v. 4. And the King commanded Helkiah the high Priest, and the Priests of the second order. And there he chideth them for not obeying his command, in repairing of the temple. S. Paul doth appeal to Cesar acknowledging him his judge.   

Consideration.  
NOte that S. Paul appeals to Caesar as to the supreme competent judge, not only in relation to his private person and cause, but the cause of the Gospel, for the question was, whether there was any crime in preaching the Gospel? and the Apostles acknowledge the worst of the Emperors, the supreme power and judge. Had Festus not been a competent judge in Ecclesiastical matters, but only in civil, instead of saying, I am judged for the hope, etc. that is, for the resurrection of the dead, the chief point of Christianity, he would have said, I am not to be judged before thee in these matters.   

Letter.  
THe same Apostle Rom. 13. enjoineth that all persons be subject to the higher powers, acknowledging the powers that have the present rule to be given of God, that is, such as by a special act of his providence have the sovereign power in hand. St. Pet. 1.2. v. 13. Submit yourselves to every ordinance of man for the Lords sake, and note, that the Emperor to whom obedience is commanded to be rendered, was a tyrant and a most wicked man: Nabuchadnezzar had subdued judea, and lead the jews captives, yet jeremiah speaks thus to the remnant of the jews not yet transported, Submit your neck under the yoke of the King of Babylon, and serve him.   

Consideration.  
I Shall take liberty to digress a little upon that passage of jeremy, which doth not only justify, but command submission to the power, which by God's providence is set over us, for lo here the israelites spoiled of their goods and lands, driven from their habitations, and entrhalled in grievous bondage, are commanded to pray for the prosperity of their oppressor, and for a quiet government over them, as if their peace had been included in his: for as saith Calvin in the 4. book of his Institut. ch. 20. §. 28. when God hath exalted a new power, he doth declare that it is his pleasure he should have the power and sway. Detuli Nebuchadnesar regnum saith God, 2 Dan. v. 37. God hath given thee kingdoms and power. See Calvin in the quoted place, who is much insisting upon the words of the Apostle. Rom. 13.1. Submit yourselves to the superior powers whereby 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 some would not have the unlawful powers, but only the lawful understood, which though it were granted, the text will very well bear this sense, that when God hath exalted some in authority, his will is that his power should be held for a lawful power: but the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is for the most part taken generally for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whether lawful or usurped.  
We read in Steven out of Xenophon, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, I have power to steal, where none will say, that that power of stealing is a lawful power: Thus in the 1 to the Colossians, St. Paul saying, That God hath delivered us from the power of darkness, that power being likewise 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 can no more be said to be good and lawful, than the translation to Christ's Kingdom spoken in the following words, be said to be bad or unlawful: And according to the best sense you can give to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as the said Steven well observes, 'tis but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or as Cicero defines, Potestas vivendi ut velis, a power to live as you list: Now, if the potestas spoken of by the Apostle, be a privilege, or power to rule as the Supreme Magistrate listeth, I conceive, that this faculty, or privilege, is as well, or rather proper to Tyrannical Governments, (as most of them were in the time of St. Paul) both in the means to attain to the Supreme Magistracy, and in the exercise of it, that is, as well in the adeption, as in the fruition. But Calvin, both in the said place, and most expressly upon the 13 to the Romans, expounds the Supreme Power, that power, which by God's providence, permission, or approbation is set over men; yea, that power which hath gotten the upper hand by intrusion. These be his words: Hoc verbo videtur Apostolus tollere frivolam hominum curiositatem qui saepe solent inquirere, quo jure adepti fuerint potestatem qui rerum potiuntur; satis autem nobis esse debet quod praesunt, non enim conscenderunt sua ipsi virtute, sed manu dei sunt impositi. By that word, the Apostle seemeth to take off the frivolous curiosity of men, who are wont often to inquire, how, and by what right have those in Supreme Authority come by their Power? It ought to suffice us that they Govern, and that they have not ascended by their own virtue, but are set over, and appointed by God.  
Learned Deodati giveth the same interpretation. All those that attain to dignity, do so, either by his manifest will and approbation. Now it is fitting that men should approve and tolerate that which God approves and tolerates; which sense, and words of Deodati; have so much the more weight, for being approved, and in the same words upon the matter transferred, by the Reverend Divines of the Assembly in England, into their Exposition and Comment upon the place. Ordained of God, or ordered, that is, instituted of God among mankind, to rule and govern men in order, as in God's stead; for God is the author of this order in the World: And all those which attain unto this dignity, or excellency, do attain unto it, either by his manifest will and approbation, when the means are just and lawful; or else by his secret providence, with permission and toleration, where the means are unlawful. And it is just and equal, that men should approve and tolerate that which God himself approves and tolerates, which cannot by any lawful means appointed by him, decline and avoid. All therefore, who resist Authority, make war after a sort with God himself. But this acception of power in St. Paul, only for a lawful one, is attended with unavoidable inconveniences, that I may not say absurdities: for first, who shall be judge what power is lawful? shall all jointly, or every particular man under a power, be judge whether that power over them is lawful; which is to seat the Superior Power no where, and to erect a Tribunal within every particular Dominion, distinct from that of the Supreme Magistrate, which shall judge of the right they came by to their Superiority. Secondly, since this lawfulness is as well in the adeption, as in the fruition, or the exercise of the Supreme Power, it shall be presently lawful for Subjects, who are to judge of both, to resist the Supreme Magistrate; not only because he is an Usurper, but also for governing tyrannically, to which government, if we believe the new Expositors of St. Paul's meaning, the Apostle forbiddeth to submit, and even to pay tribute; for whereas he commandeth to pay tribute to whom tribute belongeth, when the subject shall judge that submission is not in conscience, and in obedience to God's Word, due unto such a Magistrate, he must by the same tye of conscience, deny to pay him tribute, and suffer his house rather to be forcibly entered, and his trunks to be broke open, then to pay it with his own hands, lest his will should seem any way to concur in the doing of a sinful thing, as is to pay tribute to whom it doth not belong. But, which is much material, it hath been often seen, that Subjects have refused to obey the commands of the Supreme Magistrate, opposing by resistance of Arms the unjust managing of the power; but seldom, or never, so much as questioning the Title of the Supreme Power, or Magistrate, but yielding Fealty, or Homage to him that had possession de facto, though not de jure, which hath been always practised in England under all the Kings since the Conquest, who, although for the greatest part they had no just title to the Crown; yet to avoid confusion, and the itching humour of people, questioning the validity of Laws, and Lawgivers, the Law hath always provided, that Allegiance should be given him to whom the Imperial Crown of these Realms shall descend, by which Imperial Crown, the Person is not principally meant, but the Realm; no man owing other Allegiance, but such as is yielded, in, and for the defence of the Realm. This is made good by the Title of the Statute Eliz. 2. Cap. 1. All ancient jurisdiction restored to the Crown, by which Crown, none will, I think, understand the lawful Heirs and Successors of the Crown, but him, or them that are actually in possession of the Government; or which is all one, by the Crown is meant the Supreme Judicature of the Kingdom for the time being, where the Crown is placed, and to which the Jurisdiction belongeth, what ever Title the Supreme Power for the time being may have; for sure, unlawful possession of a Crown doth not exempt subjects from the same Allegiance that the most lawful Sovereign can challenge; for even I should much doubt, whether Subjects may call any Supremacy of Power unlawful, or whether a Supreme Governor is not a lawful Governor; however, possession is the great condition required for the duty of Allegiance, which in express terms is said Eliz. 10. & 50. Cap. 1. to be due to Kings and Queen's Possessors of the Crown: But still, the Laws made by Henry the 4th 5th and 6th were never the less valid, and of no less force for being made by Kings called pretended. In the Statute Edward 4.10. Cap. 1. where some of their Acts were continued, others repealed, which word repealed would not so much as have been used, had not these statutes been enacted in a lawful assembly of the three states. And as the validity of the Laws under the said pretended Kings were never questioned, so neither were the subjects blamed, yea, rather justified, for bearing fealty and allegiance to the said Kings: of which we have a notable example in the eleventh of Henry the seventh cap. 1.1. where in an act, the Parliament declareth, as a thing unreasonable, against Law and Conscience, that the subjects going with their Sovereign (meaning such as Henry the 4.5.6. and Richard the 3.) for the time being, and attending upon his person, or being in other places by his commands within the Land or without, should in any thing forfeit for doing their true duty and service of allegiance: But the main reason why the people in England have always obeyed him who was in possession de facto was because they were not to oppose the usurper, till he was so lawfully declared: So that, I conceive had the Turk conquered England, though no man can be so much devested of his reason, as not to judge of him as of an usurper by a judgement of discretion; yet there being by God's providence, who disposeth of Kingdoms as he will, not any judgement of authority left, that can lawfully declare the Turk to be an usurper, I conceive I say, that every Subject's duty is to impose silence to his own judgement, without murmuring, and commune thus with his own heart, that God hath left the Kingdom without recourse, that he may dispose of it to another; upon Upon all these grounds of Scripture, reason and authority, it being manifest that all powers that have attained to the supreme dignity, are ordained of God, and are to be submitted unto; it followeth undeniably that every souls duty is to engage to be true and faithful to such a power, and thereupon that their privilege is to be freed from all other engagements made to other powers; I mean in such things that salva fide are alterable, as to be ruled by this or that Magistrate, and to be under this or that Government; 〈◊〉 former engagement of that nature, how circumstantially soever expressed, being able to dispense any man from his present duty, or from this command, Let every soul be subject to the superior powers which are ordained of God. Besides, that every promise or oath of fealty and homage to a supreme power is a sinful act (and therefore better broken then kept) If some condition be not employed as included in it, though not expressed; as it may be made evident by the ensuing queries. 1. Whether an English man transporting his estate and family into a remote country, and being minded to return no more to England, is not loosed from the ties of the oath of Allegiance. 2. Whether the same man may not tie himself by another oath of fealty and faithfulness to the supreme Magistrate of that country where his abode is, though occasionally, yea consequently this oath proveth repugnant to the oath of Allegiance. 3. Whether a war being kindled between England and the country of his abode, he finding the wrong to be on England's side, he may not lawfully adhere rather to the later oath, and wage war against England, in the behalf of those among whom he liveth. 4. Whether in ease the supreme Magistrate be expelled, and a new government settled; the same man not being guilty of his expulsion, and remaining still in England, there is not par ratio, and the like freedom and exemption from former oaths made to the expulsed Magistrate, with that exemption when the same man leaving England doth swear Allegiance to another supreme Magistrate in foreign parts, where he purposeth to continue? 5. Whether the same man having continued ten years, as for example, in Venetia, afterwards making a journey into England, and finding there a new face of Government, whether he must resume his obligation, and tie, to the oath of allegiance, from which he was loosed, when he was subject to the Venetians? 6. And since a man leaving England, is not only loosed from the obligation to the Oath of Allegiance, but also, it is free for him to bequeath his Allegiance to what Lord or Sovereign Magistrate he pleaseth; whether it may not be indifferent to him for matter of tye of conscience, either to swear fealty to Governors newly set up in England, or to other Governors in foreign parts, whether they be new to him, or lately come by their Sovereignty? 7. Whether a Tenant holding of a Liege Lord, his obligation of fealty, and of paying a penny rend, do not cease, as to the person, though not to the thing, so long, at least, as the Lord is out of possession; or that I may better english such a query, whether a freeman doing homage to his Lord of whom he holdeth in chief, or otherwise, swearing to become his man from this day forth for life, member, etc. and to owe him his faith for the Lands he holdeth of him; whether the said oath of homage is not conditional, viz. so long as his Lord hath possession of the Land held by the Farmer. 8. Whether in those relations that are accidental, as those between King and Subjects, Master and servant, the promise, as for example, of the servant to be as long as he liveth faithful and obedient to his Master, doth not imply many conditions, which not continuing, do take away the obligation; such are the Master decaying in his fortunes, and the Servant bettering of his; the Master turning out the Servant, or being taken away from him? 9 Yea whether without violation of faith and bonds, which are between the Master and the Servant, the relation may not change terms, the Master becoming a Servant, and the Servant a Master? 10. Whether the Duke of Normandy did break his Allegiance to Chilperick his heirs and successors, when he did homage of his Dukedom to Charles Martel, who expelled the lawful line? 11. Whether in case the Turk should make such a conquest of England, as he hath done of Constantinople, an English man minded to tarry in England is not tied to engage to be true and faithful to him, and consequently freed from former engagements? 12. Or if the Englishman may wave and suspend his engaging so soon after the conquest, how long time may be allowed to him afore he do it? 13. Suppose, an Englishman had 15 years ago foreseen, and foretold by probable and possible conjectures, such a turn of State as ours is, whether it had not been a sin in him to take, without some condition employed, the oath of Allegiance? 14. Whether in case the King had (as it was once very doubtful) clear overcome the Parliament and had (as it is likely he would have done) abolished all future thoughts of Parliaments, and had thereupon made a Proclamation and public Declaration of his will and pleasure; whether, I say, in that case, he commanding a general subscription to be true and faithful to him in the maintenance of his Domination, every Englishman had not been obliged in conscience and obedience to God's word, to submit unto it, and thereby been loosed from his former ties and obligations to maintain the privileges of Parliament, the liberties of the Kingdom, the extirpation of the English Hierarchy, and the like?  
These queries are of themselves so satisfactory, that they need no answer; for even in all oaths, which are not of Allegiance, contracts, & promises, though they be uttered, or written in absolute terms, there is always some condition employed, and included, as is the mutual promise the first day of marriage; and Seneca in his fourth Book de Beneficijs, Chap. 35. giveth many pregnant instances. Tunc fidem fallam, tunc inconstantiae crimen audiam, si cum omnia eadem sint, quae erant promittente me, non praestitero promissum, alioqui quicquid mutatur libertatem facit de integro consulendi & meam fidem liberat. That is, I shall then break my faith, and incur the crime of inconstancy, if I do not fulfil my promise; all the things being the very same that they were, when I made the promise. And having made that good by examples, headdeth, omnia debent esse eadem quae fuerint cum promitentes ut promittentis, fidem teneas. That you may keep the faith, every thing must be the same it was when you promised. And in the 39 Chapter, he is very full, and saith, that in all promises, subest tacita exceptio, si potero, si debebo, si haec ita erunt: effice ut idem status sit cum exigitur qui fuit cum promitterem, si aliquid intervenit novi, quid miraris, cum conditio promittentis mutata sit, mutatum esse consilium: eadem mihi omnia praesta, & idem sum. There is a  exception, if I can, if I ought to do it, if the things be thus: make that good that the same state do continue, when it is demanded, that it was, when I made promise; if some new things come in the interim, why do you marvel that the resolution is changed, since the condition of him that promised is also changed: see that all be as they were, and I am the same. This very subject, that promises and contracts, are conditionally to be interpreted, though the interpretation is not expressed, is handled by Queen Elizabeth, in a controversy between herself and the Hollanders, in the clearing of which, She maketh use of this very place of Seneca. The whole passage is worth setting down briefly, being more largely related by learned cambden in his Annals, in the year 1595. The Queen being in a manner weary with the length of the war that the States of the Low Country had with Spain, and the greatness of the expenses, shown this unto the States by her Ambassador Sir Thomas Bodley, resident in Holland, particularly, that England being exhausted of wealth and military men, She required, not only ease of the charge of the charge of maintaining Auxiliary Forces, but also that they would repay some part of her expenses. They, after some compliments, and a demonstration to the Queen, of the great losses they lately sustained, and the heavy burden that lay upon them in prosecuting a war against so potent an Enemy, desired forbearance, but so, that they promised to pay a part of the money: when the Queen required a greater proportion, they stood stiffly upon the Contract in the year 1585. by which, the money was not to be repaid before the war was finished; and pressed her upon her Honour not to start back from Her Contract: But She, by the advice of her Counselors of State, replied, That all Contracts with a Prince, are understood to admit an interpretation of sincere fidelity, and no public detriment, caused by the Contract: That 'tis no breach when it is done by accident of a new case, concerning which, other provision would have been made, if it had been thought upon: That every Contract, though sworn, is understood if matters continue in the same state; but not, if they be changed: That a man is bound more strongly to the Commonwealth, then to his own promise; and out of the authority of Seneca, that a wise man doth not change his determination, all things continuing which were when he took it.   

Letter.  
Moses, by the same power by which he plagued Egypt, was able to take the people out of Egypt, which yet he never attempted without Pharaohs permission.   

Consideration.  
FOr although God commanded the Sacrifice, yet since the place was not defined, they could not be exempted from obeying the King.   

Letter.  
ANd because some might say, that the Christian people was bidden to obey the Emperors merely out of necessity, and to avoid persecution, the Apostles words alleged, commanding obedience to the higher Powers for God's sake, takes away any such thought: And St. Paul bids us to yield obedience to the higher Powers, not only for wrath, but also for conscience sake; that is, not only for fear of punishment, but because conscience, and God's Word, doth bind us thereunto. Jesus Christ himself, appearing before Pontius Pilate, to be judged by him, by that, acknowledeth that Pilate had received that Power from God.   

Consideration.  
WEre it not too much to digress from the subject in hand, which is, of the power of the Christian Magistrate in sacred things; this part of the Letter strongly asserting out of the words of the Apostle, Rom. 13. That obedience and submission is due to that Magistrate which by God's providence hath got the Supremacy, would lead me to a further consideration of it; but having but now taken liberty to digress upon the same, I shall only observe upon this part of the Letter, that Jesus Christ did not except against the power that Pilate took to judge him; but rather said, that that power was given him from God. Thus in the fourth of the Acts Peter and John do not except against the validity of the Court over them, but freely acknowledge their Judges: We are examined (say they) of the good deed done in the impotent man. The state of the controversy was, whether it was lawful to heal any one in the name of Jesus? Peter, in the name of the Apostles, proved it was lawful, because Jesus was an Head over the Church, and was author of Salvation, which they further strengthened by proofs, from his Resurrection, and antecedent Oracles; and when they were forbidden to preach any more in the name of Jesus, they replied, Judge ye whether it be right in the sight of God, to hearken unto you more than unto God. Intimating, that even the power of judging, whether Jesus was the Messiah, did belong unto them.   

Letter.  
Of the Power of Kings over the lives and calling of the High Priest, we have a clear example in the 1 Book of the Kings, Chap. 2. Vers. 26. where Solomon saith to Abiathar, Thou art worthy of death, but I will not at this time put thee to death; only was contented to thrust him out from being Priest unto the Lord, and confined him to his house at Anatoth; and ofttimes the Roman Emperors, and the Christian Kings, have punished Bishops and Pastors with banishments, stripes, yea, with death. The Emperor Constantius did remove Liberius Bishop of Rome from the function of his Episcopacy, and banished him to Berea.   

Consideration.  
THis example, and many more he addeth, are sufficient to evince, that the Magistrate hath power to exauctorate, or degrade; and thereupon to put another in the place. He that hath power to expel a Bishop from his Dominion, hath also power to thrust him out of his Sea, which is within the Dominion; and if the Election was not an Act of the Sovereign Power, either by his concession, or delegation to others, the Minister, or Bishop could not be put out, but by the power that invested him. Any Act, which may contribute towards the security, peace and weal of the state, is of the cognizance of the supreme power of that State, and the Jus sacrum was comprised under Jus publicum; for the definition of Jus, is the knowledge of Divine and humane things.   

Letter.  
IN the days of Valentinian, Damasus and Ursicinus, being competitors of the sea of Rome, the sedition being grown to that height, as that there was found 137 dead bodies in a Basilisk, but the commotion was appeased by the authority of the Emperor, who expelled Ursicinus, and settled Damasus.  
In the year of our Lord 420. there arose a great strife between Bonifacius and Eulalius, competitors for the sea of Rome, by the clashing of the Suffrages of the people of Rome, to whom at that time belonged the power and right of election. But the authority of Honorius intervening, he thrust out Eulalius, and preferred Bonifacius, and withal made this Law, that if it falls out, that against right, and by the rashness of the contending parties, two are made Bishops, we will not suffer that either of them be Bishops: this Law is found in the Decree of Gratian. Distinct. 79. Canon, si duo forte.   

Consideration.  
THough the election of Pastors should naturally belong to other Pastors, or Christian people, as naturally every one chooseth a Tutor to his son; a Patient, what Physician he liketh best; a Merchant, his Factor; yet no doubt but the Sovereign power may exercise such actions that have no definitive bounds and rules prescribed by the dictates of nature; thus in many places, the Sovereign power will provide Tutors for Pupils, public Schoolmasters for youth; Physicians for Towns and Cities: Besides, the Factions, Schisms, and Heresies, may so rend the State, that if the supreme power hath not a chief regulating hand in the election of Pastors calling, or convocation of Synods, it will never be able to settle the peace and security of the State upon a right Basis: The Canons about elections have no life nor validity, but what they receive from the supreme power; much less the elections, which are regulated according to the canons and decrees.   

Letter.  
IN the year of our Lord, 451. The Emperor Theodosius the II. (whose piety and goodness is generally commended) expelled Nestorius' Patriarch of Constantinople, and banished him.  
In the year 498. a great strife happened about the election of a Bishop of Rome, betwixt Symmachus and Laurentius; the King Theodorick taking notice of the strife, and hearing that Symmachus had been first named, preferred him before Laurentius: but soon after Symmachus being accused of many crimes, he appointed Peter, Bishop of Altin to judge of the accusations, and look to the disorders of Rome.  
In the year 525. King Theodorick sent john Bishop of Rome Ambassador to justine the Emperor; but this john behaving himself contrary to his instructions, Theodorick put him to death in prison. Gregory the I. Bishop of Rome, who wrote about the year of our Lord 595. writing to Maurice the Emperor, calls himself unworthy servant, and subject to his commands, yea dust and ashes in his presence and a worm.  
In the year 654. Constant the Emperor, put Martin the Bishop of Rome in chains, and banished him to Chersonesus, where he died. Under Pepin, Charles the Great, and Lewis le Debonair, the power of the Roman Pontife grew by the liberality of those Kings; yea, since them have they been often ill entreated, punished, degraded and deposed by the Emperors of Germany, and the Kings of Italy; and the Histories of Germany, France and England are full of examples of Emperors and Kings, who have dealt roughly with the Bishops, putting them out of their sea, etc. There is no doubt made, when the King Clovis was a heathen, but that he had an absolute power over all French, both Lay and Ecclesiastical, and, that retained still the a Christian, he being afterwards same power, else he had been a loser by his change, and suffered a diminution of authority in his Empire: Under the first line of our Kings, Counsels were assembled by their command, and the Bishop of Rome never intermeddled, and had neither Nuntioes nor Legates in France.   

Consideration.  
THat the Supreme power even of contrary Religion, challenged power as well over eclesiastical persons as causes, and were acknowledged competent judges; we may see by the appeal of Saint Paul who appealed to Cesar, I stand (saith he) at the Judicial seat of Cesar; there I must be judged; and when Saint Peter (not declining the judgement of the Council) said, Act. 4. Whether we ought rather to obey God or man, Judge ye? And the great controversy about the Temples of Jerusalem and Garizin, between the jews and the Samaritans, was decided by Ptolomeus King of Egypt, and which was most material by the Law of Moses; and his judgement was right, pronouncing to which of them the Temple and Priesthood did belong.   

Letter.  
GRegory of Tours, who wrote about the year of our Lord 585. the history of France, in the 18 chap. of the 5 book, speaks thus to the King Chilperick, If any of us, O King, go besides the path of righteousness, thou mayest redress him; but if thou dost transgress, who shall be able to correct thee, we speak to thee, and thou hearest us, but if thou wilt not, who shall have the power to condemn thee, but he that is justice itself. At that time the Bishop of Roven named Praetextat was in great reputation; yet was this Bishop being accused to have adhered to Merove, who rebelled against Chilperick, clapped into prison by the King's command, and sore beaten, and banished to Garnsey.   

Consideration.  
ALL this is sufficient to prove that the Sovereign power of the State, hath always challenged power over Ecclesiastical persons: by that which follows, it will be as clear, that they challenge likewise the cognizance and ordering of Ecclesiastical causes and actions.   

Letter.  
THE Greek Emperors, have called all the oeconomick Counsels, not expecting the consent of the Bishop of Rome, and often against his consent, as the first Council of Constantinople, and of Chalcedone. Yea, in matters of Religion, and Ecclesiastical policy, one cannot deny but that the Sovereign power of the State hath made orders. David made twenty four ranks of Priests; Solomon had the chief oversight of the building of the Temple, and bringing in all the vessels. We see in the Code of justinian, great number of Laws concerning, not only, the policy of the Church, but also the purity of the doctrine; as be the titles, de summa Trinitate & fide Catholica; de Episcopis & Clericis; & ne sanctum Baptisma iteretur. By which Laws it appeareth, that the Emperors had power to punish the Bishops, namely by the 123 Authentic chap. 1. the Emperor speaketh thus, Si quis autem extra memoratam observationem Episcopus ordinetur; jubemus hunc Episcopatu depelli. Yea, he there addeth pecuniary Fines.   

Consideration.  
AS by these Laws in the code of Justinian, it appeareth, that the Emperors had power to punish the Bishops, as the Letter saith; so do they much more clearly assert the right and power which the Supreme Magistrate hath, not only over all causes, they call Ecclesiastical, but to make Laws and Constitutions, of the same nature as the causes be.   

Letter.  
A Great part of the Capitularies of Charles the great, and of Lewis le Debonnaire, are Laws Ecclesiastical, like those we read in the Counsels of those days. The Council of Meyns, held in the year 813. gins thus: Carolo Augusto verae religionis Rectori & Defensori Sanctae Ecclesiae: And the second Council of Meyns' speaks thus to Lewis le Debonnaire at the opening of it: Domino & Serenissimo & Christianissimo Regi Ludovico verae religionis strenuissimo Rectori & Defensori Sanctae Ecclesiae. I doubt not but these Emperors made those Laws by the counsel of the Bishops and Prelates within their Dominions; But they were willing to have them currant under the name of their Imperial Laws, and the stamp of their Authority; for the Sovereign Magistrate is the servant of God, appointed by God, to see the Law of God observed amongst men, and the pure worship of his name set up.   

Consideration.  
THe Sovereign Power is constituted by God, to the end that men might live godly, justly, soberly, and peaceably. A Heathen could say, that in a Commonwealth, the first care must be Religion, the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Arist. And there is good reason that the Sovereign Magistrate should seek after that, which he is in the first place to ask for, which is the Kingdom of Heaven, being the basis of humane society; so saith Cicero, Religio est humanae societatis fundamentum. But that the duty of the Supreme Power is equally to order the religion, and the civil government, St. Austin doth plainly set it down in the third Book against Cresconius Grammaticus. In hoc Reges sicut eis divinitus praecipitur Deo serviunt, in quantum Reges sunt, si in regno suo bona jubeant, mala prohibeant, non solum quae pertinent ad humanam societatem, verum etiam quae ad divinam religionem. In that Kings, as they are enjoined by God, do serve God as they are Kings, if within their Kingdom they command good things, and forbidden evil things, not only in things belonging to humane society, but also to divine religion.   

Letter.  
ANd I do not believe, that in England there is any Minister of the Word of God found, who doth not acknowledge a subjection to the Sovereign Magistrate, but is rather exceeding joyful that the holy Ordinances are settled by public authority; and therefore, there is no fear that any of them should go about to persuade that there must be an Ecclesiastical Commonwealth, differing from the civil, and one Commonwealth within another: 'Tis all the fault we find with the Pope, and his Clergy, that they have made Imperium in Imperio, and that the Clergy by his Laws cannot be convented before the Royal Judges: for they have Courts of Judicature, and Prisons severed from the civil; they have their appeals to the Roman Court, and are freed from taxes and impositions.   

Consideration.  
THat power which the Ministers do challenge, in censuring, and punishing of offenders, suspending from the communion, or excommunicating, as inherent and intrinsical to the Ministers of the word, and not being a branch depending of the jurisdiction of the Sovereign Christian Magistrate; that power, I say, thus challenged, is as much, as to constitute one Commonwealth within another.   

Letter.  
FOr I do not think, that Bishops, or Ministers, aught to render themselves Judges in any cause, civil, or capital, to punish the offenders, by imprisonment, taxes, or bodily penalties. Jesus Christ never authorised them so to do, for he would not so much as accept of being an arbiter in sharing of an Inheritance.  
For these reasons, I do not believe that those, in whose hands God hath now entrusted the Sovereign Power in England, shall have any ground of fearing that the Ministers, so long as they discharge their calling, making use of that authority that Jesus Christ hath given them, have any intention to entrench upon the Power and Authority of the Sovereign Magistrate. But, because the third Article, attributing to the Supreme Magistrate a right to order all humane actions tending to the Sovereign end, which is the glory of God, and the salvation of souls, might seem to draw this consequence, that the sovereign Magistrate is judge of all actions about Ministry, and the Preaching of the Word; therefore, the article addeth a prudent cautition, viz. That we must obey the Sovereign Magistrate, so long as his commands are not repugnant to God's commands; for if he should command the abjuring of the Christian Religion, or bowing before an Idol, or should introduce another propitiatory sacrifice for sins, besides the death of Christ, than such commands were not to be obeyed: Nor do I say, that therefore the State must be embroiled, and the Magistrate resisted; but, that one is rather to endure martyrdom, or all kind of persecution, then to lose his soul, in giving obedience to such commands. Thus have the three friends of Daniel done, and all the faithful martyrs. We see in the Apologetic of Tertullian, that in his time, the Christians did fill the greatest part of the Roman Empire, which might have been very empty, had they gone about to flee for persecution into a remote Country. Read St. Austin upon the 124 Psalm. Valentinian the II. was laboured to take away the Temples from the Orthodoxes, and give them to the Arrians; but Ambrose, Bishop of Milan, withstood him: but how? he tells you himself: Dolere potero, potero flere, potero gemere, adversus arma milites Gottos, lachrymae meae arma sunt; talia enim sunt munimenta Sacerdotis, aliter nec debeo, nec possum resistere.  
To this exception, I would add another, that the Magistrate must be obeyed in the actions in which he acts as Magistrate, and for such a one taken: For, if a Sovereign Prince be in a Ship, and a storm happens, I do believe, that the Master Pilot ought rather to follow the rules of his art, than the will of the Prince, who is not versed in navigation. The Magistrate indeed may forbid the mariners to launch out of the Port, and to sail into Spain, or the Indies; or to import, or export such and such wares; but it doth not belong to him to order how the Ship must be steered, or the sails hoist up. Thus, a Prince learning to ride, aught, if he means to learn, to obey the Master of the horses; yea, as a Saveraign Prince, he hath power over the person, life, and goods of the Master of the horses; yea, I say, that the yielding of the Prince to the Rider, is a kind of a command to the Rider, so to deal with him: I say the same of a Magistrate sick, obeying the prescripts of a Physician; he doth obey as a man, and not as a Magistrate: whereupon, a question may be moved, whether the Magistrate, being at public prayers, and partaker of the Sacraments, is there as a Magistrate, or as a Christian.   

Consideration.  
THis similitude, or relation, betwixt a Prince in a storm, and the Pilot; and betwixt a Prince sick, and a Physician, is very pertinent to declare, that the power of the Pastor over the Sovereign Magistrate, is of the same nature, and proportionable to that power which the Physician hath over the Sovereign Prince being sick; or that of a skilful Pilot in a storm over him, who may be his King, but unskilful in the art of navigation. This power, is rather a friendly counsel, though exercised, and uttered in a commanding way, specially, in the mouth of a Minister, who, in the name of God, may command a Sovereign Prince to redeem his sins by a speedy repentance; for in effect, 'tis but declaring unto him what be the commands of God for the good of his soul. Thus, a Physician following the rules of his art, and his long experience, may charge a King his patiented, as he tenders his own health, which he must not obstinately cast away, to refrain from such and such meats, and doubtless, that King would grievously sinne against God, who, rejecting the counsel of the Physician, and wilfully obeying his own lust, and appetite, should thereby fall into a relapse. It might happen, in a storm, or shipwreck, that the Pilot should use a kind of compulsion and violence towards his Sovereign, pulling him (as it were) out of danger, and forcing him to hearken to the means of his preservation: for which, he ought not to be blamed.   

Letter.  
I Think also, that we should make a distinction between a Magistrate that is faithful and orthodox, and one that is an Ethnic, or an Heretic: for under a heathen Magistrate, I do not see how it can belong to any but the Pastors of the Church; to manage the Church: for shall a heathen Magistrate, and persecutor, be a judge of the articles of the Christian faith, or make use of suspension, or excommunication? Whence it followeth, that the state of the Church may subsist, although the power of the Keys, and the governing of the Church, be not in the Magistrate: If the heathen Magistrate should forbid the Pastors upon pain of death, to hold counsels, or Ecclesiastical assemblies, or to preach the Gospel; or if there be such an urgent necessity of calling a Council, to stop the current of a pestilential heresy, or to degrade some Pastors that disturb the peace of the Church, or that have crept in forcibly, may the Pastors be condemned, if they do privately convene themselves contrary to the will of the Magistrate?   

Consideration.  
THis is one of the strongest arguments that can be alleged, for the power of the Keys, and Ecclesiastical Courts, and Jurisdiction, different, and independent from the civil Magistrate, because there hath been sometimes Church-government, calling of Synods, and exercise of Jurisdiction, against the will of the sovereign Power, and not complicate with the civil Power. But, in mine opinion, it hath no strength all: for first, I lay down this for a ground, that the Magistrate, whether Orthodox, or not, doth retain still the same supreme power over all persons, and causes, of what kind soever. Secondly, that in all persons, and actions of men, under the sovereign Power, this grand rule must be first observed, that God must rather be obeyed then man. Thirdly, that many actions, of all kinds, natural, or voluntary, even meetings, assemblies, and orders, obliging some men, or society, may be done without the cognizance of the sovereign Magistrate: For first; If heathenism, or heresy, could divest a man of the power he hath over all persons, and causes, by that, unjust laws should be no laws; a diseased man, by the same reason, should cease to be a man; and a wicked Emperor, as Heliogabalus, should not have been ranked among the Emperors, nor acknowledged for the supreme Judge of the Land, because a bad one: I confess, that a Heathen, or heretical Sovereign, cannot but judge amiss of persons, and causes, either out of ignorance, or malice; but ignorance of what is right, doth not divest him of his right, neither doth a wicked managing of his own right, hinder it to be a right still: Depraved actions in nature, continue to be actions still. An Orthodox Sovereign Magistrate, falling into heathenism, or heresy, as Julian the Apostate, loseth no part of his supreme power, he that over all causes, and persons; no more doth the Sovereign Magistrate get any addition, or extent of power, if from heresy, or heathenism, he is converted to the Christian Religion. 'Tis the duty of a Magistrate, to defend and propagate Christian Religion: It is the Father's duty to provide for his children; the part of the Supreme Judge, to administer justice impartially, though any, or all of them, may fail in the discharge of their duty: The King being a persecutor of the christian people, instead of being their nursing Father; the Father leaving his children to the wide world; and the Judge taking bribes, and being prepossessed with prejudices: If men's sins should exempt exempt them from their duty, a wicked man's duty should be never to be converted: None will say, 'tis not the duty of a Governor of a strong hold, to defend it, although he lets in the enemy without resistance: That 'tis not the office of a Magistrate to look to the safety of the high ways, because he either neglects that care, or conniveth at such as do commit robbery. For the second ground: Suppose that the Sovereign Power doth not impose any Law; or rather, suppose his Laws are unjust, shall a man under such a power, live lawless? or shall not rather such a man, being a Christian, be tied to be a Law unto himself; or rather, to make the word of God a Law to his conscience: Sure, such a man must not expect the commands of the Sovereign Power to abstain from stealing, or fornication, which may be, are authorised by Law, but must avoid these, not for wrath, that is, not for fear of punishment, but for conscience sake, as the Apostle speaketh; thus when Christ commandeth the Ministers to preach, baptise, etc. and the people not to forsake their mutual Assembly; no doubt but that both the Christian Pastor and people are bound to all Church duties, though they have the Sovereign power opposite, and threatening all kind of punishment to those that exercise them.  
If those in authority be wanting to their duty, I have no reason or ground to be deficient in mine. As for the third ground, concerning meetings, assemblies, etc. I say, that they may be such as (though it should be granted on all sides, that the Church and State's Jurisdiction were but one) that the very Sovereign power needs not to pretend to have an eye over them; It being a kind of right of nature for Merchants trading in the same commodity to meet; for acquaintance to appoint a Randezvous. A man being a feciable creature, it is no marvel if men are naturally desirous to converse together, without expecting any order for so doing. Were not the Heteries and Meetings of the ancient Christians of the same nature? And upon that account I see not, but the Meetings of congregations of those called Independents are very commendable, and not to be enquired after by the Sovereign Magistrate, nor by Synods which cannot be proved to be of Divine institution, but have taken their original from those kinds of natural and innocent meetings, which when they were about things which were neither plots nor conspiracy to disturb the peace of the State, needed not to be looked after by the Magistrate, except when being converted to the Christian Religion, he became himself a principal member of those meetings; for then, specially when the meetings are not only in houses, but in public places, and are tending to have the holy Ordinances set up and published as the main rule of life, and groundwork of humane society, his chief duty was to govern the Empire as Christian, contributing his whole endeavour towards the defence, maintenance and increase of the Christian Religion, Thus Leo Bishop of Rome, Ep. 75. to Leo the Emperor, Debes incunctanter advertere Regiam potestatem tibi non solum ad mundi regimen sed maxime ad Ecclesiae praesidium esse collocatam: Thou oughtest soberly to consider that the Royal power is not only committed to thee for the Government of the world, but chief for the defence of the Church.   

Letter.  
ALL the difficulty than is concerning the Orthodox Magistrate, and one that is endowed with the true knowledge of God, such as, by the mercies of God, the Magistrate of England is; upon that the fifth Article saith, that the Reformers have indeed purged the Popish Doctrine, but have reserved to themselves the Sovereign cognizance of the actions they call Ecclesiastical, challenging the power of the Keys, which when all is said, is reduced to this sentence, that God must be rather obeyed then men. The Author of the Articles thinks that the Reforming Pastors in retaining the power of the Keys, have not obeyed God: he doth indeed acknowledge, that under a Prince of contrary Religion, the Christian people have done well to establish a government, which they call purely Ecclesiastical, and create Elders who are deputies of the people; but he is of that opinion that where the Magistrate is of the same Religion with the body of the people, there ought not to be any further distinction of Jurisdiction; the Church and State concurring into one Christian commonwealth: To be short, all his discourse is tending to that, viz. that in a State where the Magistrate is Orthodox, the Keys and power which the Pastors had under Magistrates of contrary Religion, doth no longer belong to them, but doth only belong to the Sovereign Magistrate, whose power is over all persons and things, and that in all Assemblies, Synods, and Classes, the conclusions have no force, if they be not ratified by the will of the Supreme Magistrate by whom they usually are assembled.   

Consideration.  
What he saith from the Author of the articles, that where the Supreme Magistrate becomes Orthodox, the power of the Keys doth no longer belong to the Ministers, aught to be understood with some explication; for the power of the Keys is still, and aught to be the same whether the Magistrate be orthodox or no; there is not in the Ministers any addition of that power under the heathen Magistrate, nor any substraction of it under a Christian: suppose that the Christian Magistrate and Orthodox should turn Apostate, I do not conceive that it follows thereupon, that the power which the Christian Magistrate hath over the Church, is through his Apostasy devolved unto the Ministers; for that Legislation or jurisdiction practised in Christian Congregations, Synods, or Assemblies under the heathen Magistrate, is no more than a harmony of minds, affections, and actions to holy ordinances and orders; by which Christians may worship God more purely, and walk more closely with him, which ordinances are either God's word, or such as increase the power of piety; and as they are published by common consent as the best rule to walk by; so are they in the practice of them willingly, and unanimously consented unto, and every member of a Christian society, submitteth himself to the rules, exhortations and censures of that society or Church, not being awed or compelled by any coercive power, which they cannot avoid, if they listed, but led by voluntary submission; to which by promise, and pact, they are in a manner already engaged. Besides, suppose that the Magistrate doth not impose any Laws to restrain ungodliness, or the currant sins in the world; yea, suppose that vices are authorised by Law; doth either Pastors or society of Christians get an increase of power of Jurisdiction and Legslation, if they be a Law unto themselves, and practise the duties of piety, and exhort one another so to do; Plinius the younger, in the 97 Epistle to Trajan, and the tenth book where he speaks of Christians, saith, that one of their crimes was, that they joined themselves in a covenant, to live unblamably, not to steal, not to commit fornication, not to defraud his neighbour, and the like; I believe that none will from that practice of the Christians, argue that they took upon them more power for so doing, than they durst under a Christian Magistrate, except he were of the mind of some of late in Authority, in England, who disliked and endeavoured to suppress all godly private meetings, under pretence of Factions. Sure if I mistake it not, it will be found that the Pastor's power of the Keys, had no life to compel the disobedient to God's ordinances, till they received it from the Sovereign Magistrate, when he gave his name to Christ, who both more honoured and exalted Gods ordinances, raising them from the dust, and added weight to the heavenly messages, by the mouth of the Ministers, by being a terror to the evil, and punishing the ungodly. To the power of persuasion and declaration he addeth that of coaction; in which the Pastors have nothing to do. The Bishop, saith Saint Paul, must not be a striker, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And hereupon chrysostom saith well, If a man is drawn from the faith, the Priest must undertake with patience to exhort him; for he cannot redress him by force, only he must strive to persuade him, to bring him to the right Faith. Pastors, saith the same Father, are appointed to preach, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, not to rule or command with authority.   

Letter.  
HEre I dare say, that the Reformers of the Doctrine of the Pope, have not retained the Keys that were under Popery. In reforming the Doctrine, they have also reform the abuses cleaving, to the Keys which are abominable,; for in the Romish Church, they extend the power of the Keys, so fare as pardoning sins in a judicial way, saying to the sinner, I absolve thee from thy sins. The Priest renders himself Judge, in a cause wherein God is the party offended: By virtue of these Keys the Pope draws souls out of Purgatory; he looseth those he never bound, and which are none of his flock: he doth lose under earth, because Jesus Christ hath said, what ever you shall bind on earth: he doth lose and dispense with oaths and vows, and freeth Subjects from the obedience due to their Sovereign Prince; he separates marriages, exempting also children from the obedience they own to their Father, and Mother. These holy men of God, who have reform the Doctrine, have left off those Keys, and kept those which Jesus Christ hath given to his Disciples, and their successors, I will give thee the Keys of the Kingdom of heaven; it was also impossible to reform the Doctrine, without reforming the Keys, since those Keys are a part of the Doctrine; they have retained to themselves, the power to bind and lose, which Jesus Christ gave to his Disciples, Math. 16. Whatsoever thou shalt bind on earth, &c which power goeth no further than Ecclesiastical censures, as the Lord Jesus Christ teacheth, in the same place; giving to understand, that by this binding, the rebellious sinner is put among the Publicans and sinners, who were excluded from the Communion of the Church: Thus we must understand the power of remitting, or retaining sins given by Jesus Christ to his Disciples. The faithful Pastors do remit sins when they release men of Ecclesiacall penalties, and receive to the Communion of the Church the repenting sinner who was excluded.   

Consideration.  
THe Reformers have done as Richard the third, in usurping a power which yet he exercised with moderation, and making of good Laws; so did Augustus Caesar and some more: Thus the Reformers have retained the Keys, to which they had no more right, than the Pastors of the Romish Church, but have taken away those adjuncts of abuses, and abominations, adhering to the power of the Keys. In that sense, as Richard the third, may be said to have usurped the Crown, as well as he, who to usurpation hath added a tyrannical Government, and making of wicked and unjust Laws; so may it be said that the Reformers, in reforming the Doctrine, have retained the power of the Keys: the Article thus speaking, having no further meaning than to say that the Reformers, in reforming the Doctrine have still challenged to themselves an Ecclesiastical jurisdiction, not belonging to the Civil Magistrate; even as the Pastors of the Romish Church have donc; though not the same for qualifications. As for the meaning of the words dic Ecclesiae, tell it unto the Church, it cannot have much strength, what ever interpretation one may give to the words; whether by the word Church we understand a Synagogue, or judicatory, as was that of the jews, amongst which there was no difference between Church, and State, or Commonwealth, or a society of faithful men: and though by the Church Pastors should be understood, I do not see here any judicial sentence binding him that trespasseth against his neighbour, but still he may, if he will, harken without fear of any coercive power seated in the Ministers; and the words, Let him be to thee a heathen or a publican, have no further meaning than have him for such a one in thy thoughts and estimation: a Publicans office was lawful, neither yet could he be excluded from the communion, nor from the congregation; the very heathen not being excluded from the latter; for how else could they have been converted?   

Letter.  
THE Reformers then, in reforming the abuses in the Doctrine, and Keys, have retained the Keys, and power to bind, and unbind, committed to them by Jesus Christ: The Author of the Articles acknowledgeth, that the Pastors of the Church have well done, to retain that power under the heathen Emperors, that is, almost for the space of 350 years from Christ to Constantine, the first Christian Emperor; since which Emperor, the said Author thinks, that the Bishops and Pastors were to part with that Power; and that the Sovereign Power of the Keys, did no longer belong to them, but that they were to desert it, in obedience to God, which yet they have not done; for all the ancient Counsels, although convened by the will of the Emperors, are full of penitential canons, prescribing the form, time, and degrees, for public pennances; in the execution of which canons, the consent of the Emperors, nor of their Lieutenants was never expected.   

Consideration.  
WE have seen before, that the power of the Ministers is neither increased, nor diminished, whether the Magistrate be Orthodox, or no; and that the power of the keys, given them by God, hath more lively actings under the Orthodox Magistrate. To that part of the Letter, which saith, that in the execution of the canons, the consent of the Emperors was never expected; I say, that the Emperors themselves understood that their consent was not required in the execution of the canons, which, as they were Acts of his, so might he disannul them, add to them, or repeal them, by his Sovereign Authority he had over all persons and causes. In the year 815. Charles the great is said to have added something of his own to the decrees of the Synod held in Theodon Town; hoc de nostro adijcimus: and for the authority of the supreme Magistrate, in altering, changing, or expunging the decrees of Synods, Bochellus saith, that Charles the Bald, did reject a great part of what was set forth in Synods by the Bishops, in the year 856. and, that it was the usual custom, when ever Synods were assembled, that their decrees were not ratified, till the King in his Privy Council had approved of them; the said King taking away what he disliked, as it was practised by the Counsels of Tours and Cabilon, under Charles the Great, and as P. Pithoeus hath proved fully. And for the Power of the Sovereign Magistrate, to make his Laws as valid as canons, and as authentical as Synods decrees, I would go no further for a witness, than what is related by the Agents and Orators of the Council of Trent, as may be seen amongst the Acts. The most Christian Kings (say they) have made many decrees about sacred things, following the examples of Constantine, Theodosius, Valentinian, Justinian, and other Christian Emperors, and ordained several Ecclesiastical Laws, which they have put amongst their own decrees. But, that the execution of the ancient canons, were as much acts of the Emperors, as the execution of decrees made in Chancery, or other Courts, are acts of the Sovereign Magistrate, though he never hears of it. It can be easily proved, by the liberty that the Sovereign Powers have always kept to themselves, to dispense with pennances, imposed by the canons. Gervasius, a Bishop, being excommunicated, was again received to the communion by Juo Carnutensis, by the order and appointment of the King of France, Philip the 1. This scandalised other Bishops; whereupon, Juo, though a great friend to the Popes, in a letter to his fellow-Bishops, justifieth himself, and the King; saying, That the Assembly of Priests and people, aught to receive to the communion, whom the King's piety hath thought worthy of it. In the like language speaketh John, Bishop of Rome, in the 181 Epistle, to Justinian; I beseech your Clemency, to receive them to the unity of the Church, and to your communion, if they will forsake their error.   

Letter.  
THose Reformers have believed, that the change of Religion in Sovereign Princes, could not take away what Jesus Christ had given them, although it was a change for the better: They remembered Christ's words, commanding him that hath received an offence of his neighbour, to tell it to the Church; that is, to the assembly of Pastors and Rulers of the Churches; and they were persuaded, that this command was perpetual, and to remain in force to the end of the world: When the Lord bestowed upon his Disciples the gift of working Miracles, and speaking Tongues; In this gift, they have not had any successors, because the miracles done by the Apostles, are useful to this day, to confirm and strengthen the Gospel: but the graces, and callings, granted for the peace of conscience, and for reconciling penitent sinners, and maintaining the Church in good order, aught to be perpetual, and the Apostles were merely trusted with them, that they should transmit them to Posterity: and it is certain, that the pardon granted by the Apostles to some in their times, (namely, to the Corinthian incestuous person) cannot be of use to sinners of these days; these graces and actions being personal. The same Reformers have considered, that as there are various turns of the things of this world, and the wills of the great ones of the world, are subject to mutability; it may fall out, that in a country where the Magistrate is Orthodox, the same Magistrate may come to be an heretic, idolater, or persecutor, and therefore it is not expedient, that the spiritual graces and callings should depend of the instability of temporal things, and of the changes which may happen in States and Commonwealths. If so be the Pastors under an Orthodox Magistrate, had resigned to him the power of the keys, no doubt but the Magistrate Idolater, who succeedeth, would not permit the Pastors of the Church to resume the authority, which they so willingly did forgo.   

Consideration.  
Whether the Magistrate be Orthodox, or no, the main duty, and action of a Christian, depends not of the Magistrate; as, to fear God, and keep his commandments, to bebeleeve in Jesus Christ; yea, even when the Magistrate is most averse, he cannot hinder the last action of martyrdom, from being an honourable badge of Jesus Christ, sealing the truth of the Gospel with his blood. Now, whereas the letter saith, that, had the Pastors quitted the power of the keys to an Orthodox Magistrate, a succeeding Magistrate that were an idolater, would not permit them to resume it; there can be no such fear, for as an orthodox Magistrate permitting for some reasons of State, an Idolatrous religion, will either disdain, or make a scruple of conscience to have a hand in regulating an Idolatrous worship, but will leave to the Professors, the whole ordering of their Religion, so it be not to the disturbance of the State. In like manner will an Idolatrous Magistrate deal with Orthodox christian's within his Dominions, and not so much vouchsafe to know what is that power of the Keys, much less to have the handling of them: If he can but hold the Sword, it matters little to him who handles the Keys.   

Letter.  
I Wish, the Author of the Articles had explained himself more fully, and since he is of opinion, that the Pastors under a faithful and orthodox Magistrate, aught in obedience to God, to render to him that power which they had under a Magistrate of contrary Religion, he had alleged some places of Scripture proving that such a command is laid upon them that God may be obeyed.   

Consideration.  
COmmon sense teacheth us, that when a Prince, either through incapacity, ignorance, or minority knoweth not the extent of his just power, he may upon knowledge thereof extend it further, and behave himself otherwise upon better thought or instruction. Thus if a Prince being a heathen knoweth not that his chief duty and office is to govern, adorn, and defend the Christian Religion, and people, and to promote the salvation of those which are under his Government; who doubts but afterwards giving his name to Christ he is above all other cares obliged to care what heretofore he did not know to concern his care; and if when he was a heathen; the Pastors did supply that, wherein he was deficient, there is no question to be made, when afterwards he is a Christian, but that their duty is not only to render him his own, but also instruct him, and make him know the extent of his power, and tell him his duty is to throw his sceptre at the feet of Christ, and mainly seek and care for the things pertaining to the Kingdom of God: And likewise if the said Magistrate upon deliberation takes that charge upon him; who doubts, but that (although the duties of the Pastors be never the less) their burden is so much the lighter and that they have less to care for. The civil Lawyers tell us, that if a man by Will, is appointed Guardian to a Pupil, and cannot produce the Will, the sovereign Magistrate may ordain any one to be Guardian till the Will be produced: This is the very case, and the application is easy, that the Sovereign Magistrate is set Tutor over the Christian people, by the will of God; now the while a Will is concealed, it is well if some body takes care of the Ward; and it matters not much, who be the Guardian, so that the Ward do not suffer damage in his person or estate; but when the Will is produced to the Supreme Magistrate, good reason then, he should discharge the part of a faithful Tutor, and the main trust laid on him, and intended in the Will, which is, that those that are under his tuition may inherit the Kingdom of heaven. To that purpose the Author of the book de regimine Principum, ascribed to Thomas Aquinas, hath a golden saying, The end which principally the King must intent in himself, and Subjects, is eternal beatitude, which consisteth in the vision of God, and because that vision is the most perfect good, every King or Lord, is chief to endeavour himself, that his Subjects may attain to that end.   

Letter.  
ANd since the Scripture saith, the Church is made up of two kinds of persons, viz. Shepherd and sheep, he should have declared, whether he ranked the Magistrate amongst the Pastors or Sheep.   

Consideration.  
THE Magistrate is among the Sheep in relation to the Pastor; as he is a Patient in respect of his Physician, and a Disciple in respect of his master, teaching him Arts and Sciences, & in a ship he is but one of the vectores in relation to him that guideth the Ship, and sits at the stern: Beside in some regard, the Sovereign Magistrate is the Pastor, as David is so called, and the Christian people the Sheep: these relations being mutable accidents, and not inseparable properties, do not in themselves either abase, or elevate the nature of the Subject.   

Letter.  
THis also is a point worthy the consideration. If when a Magistrate liveth disorderly, and is guilty of enormous crimes, the Pastor may not deal with him with reprehensions and admonitions, and when the Pastor seethe apparently that such a Magistrate cannot be partaker of the holy Supper of the Lord but to his condemnation, whether he may let him perish without reproving and advertising of him. Consideration  
AS a Magistrate being sick, is subject to the orders of the Physician; so as a Sheep, he is no less, yea, more subject to the power of the Keys, than the meanest of the flock: for the more he is exposed to contagious vices, which he doth countenance by his example, the more need hath he of antidotes and preservatives. It was an old and true saying, miser est Imperator cui vera reticentur. The power of the Keys declaring from God a message; no doubt but the Sovereign Magistrate is equally concerned to hear God speaking, as any one of the common people.   

Letter.  
ANd since the Author of these Articles saith that the Sovereign Magistrate, aught to have in all causes and actions, and over all persons an absolute power, so that he commands not any thing contrary to the word of God (for in these cases he holds disobedience to be just,) it had been needful that the said Author had told us, who shall be Judge, whether the Magistrates commands are repugnant to God's commandments, in case any difference be moved thereupon?   

Consideration.  
TO this question I answer, that none can be a visible Judge, but he that is the Sovereign power of the Commonwealth, and though he judgeth erroneously and partially, he hath only God that shall judge him. Pastors or Congregations, must either acquiesce to his judgement and decision as being only legal, or they must suffer for righteousness sake. Now if one saith, the Pastors must be Judges, this Judgement must be, either of authority, or of discretion. This latter judgement is that by which every man having reason and conscience, is able to discern what is true, what is false, what is fit and useful, and what is unprofitable and hurtful: by this judgement every Pastor, yea, any other man, may judge of the wrong ways the Magistrate takes; and the Pastor may go yet further, for being convinced in his judgement and conscience, that the Magistrate liveth in an ungodly way, he may and must press unto his conscience God's word, and his judgements; but by the first kind of judgement which is of Authority, I do not conceive the Pastors can judge the Sovereign Magistrate, only they must strive to persuade him, counsel him, and use no other forcible arms, than prayers to God and tears. Lachrymae meae arma sunt, saith St. Ambros to the Emperor Valentinian II. for it cannot be conceived that two sovereign powers can stand together in a State; and Civilians have ever so contrived Laws and Courts, as they do not justle and clash one against another. Thus though paternal right is most natural and ancient, yet have they always subjected it to the Sovereign Magistrate, and make that yield to this; Now, as they make three kinds of actions, Ecclesiastical, judicial, and Military: suppose the Sovereign power Ecclesiastical should bid a man to go to Church; the second power should bid him to go to the market and the third power to the Leaguer; I demand, how shall this man be able to fulfil all these commands at once; belike he will obey none, for as saith Tacitus, ubi omnes praecipiunt, nemo exequitur, when all do command, there is none that obey, therefore, there must be an order among the powers, one being subaltern to the other; else you can no more conceive a parity of powers, than two Gods in the world.   

Letter.  
ANd because ofttimes, dicussions may happen in the discussion of the true Doctrine, and upon points of great concernment to the Christian Religion, the author of these Articles should have declared whether he understands that the Sovereign Magistrate is to decide those controversies? and whether his meaning is, that the Supreme counsel be made up of Divines expert in these matters.   

Consideration?  
THough the Sovereign power should have little or no insight in things pertaining to the Kingdom of heaven; yet being by God's providence the Supreme judicature of the Country; this must be taken for a judgement of God, who, as it is said in the 4th of Daniel in his wrath sets the most contemptible amongst men; and children, for Kings, even children in judgement, over the people, that they may depend more on the King of Heaven. Yet the most part what they want in personal abilities to act of themselves, they recompense in judgement and discretion about the choice of Counselors; many unlearned Fathers, and unacquainted in the ways of education of children, will have a good sagacity in choosing able Tutors for their children; In like manner the Sovereign Magistrate may wisely order the course of Law, Sciences, Arts, Trades, Manufactures, though he be little or nothing versed at all in any of them. And if it were required that the Sovereign power should be exactly conversant in all the actions they order, there had need to be in a State so many Sovereign powers as there be acts and disciplines; and were they never so capable, yet they will do wisely to choose able Counselors; much more in a matter of so high importance, as is the deciding of controversies in Religion, and ordering the actions belonging to the Kingdom of heaven, ubi magna negotia, magnis egent adjutoribus: and amongst those Counselors, none will be so fit as Divines, men of Learning, Gravity, and Piety. Thus if the Sovereign power goeth about to reform the abuses of several Professions, and Arts within his Dominions, as for example of Physic, no doubt but he will join with his Counsel, the most skilful of that Art. But that the Pastors or Ministers, are not the fittest to have a Supreme jurisdiction over persons and causes, they call Ecclesiastical, reason, and the sad experience of former times teacheth us: for were they endowed with knowledge by Revelation; and had Ecclesiastical Assemblies compounded merely of Divines, a non-erring gift not communicable to any other Assemblies of men; I should willingly, and necessarily admit that Divines ought to be assisting the Christian Magistrate, not only as Counselors, but also as judges coequal to them, yea, Superiors in that jurisdiction, which they challenge to themselves; but the gifts of Government, being not inseparably joined with those of preaching, and the Ministers not being endowed with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or infallibility more than those that sit at the Stern of the State can be; I do not see but that their proper place, and employment, is to be counsellors to the Sovereign power in matters belonging to the Kingdom of heaven. But being fall'n insensibly upon the rank and station that Ministers ought to keep in a Christian Commonwealth, because it is a matter complicate with the question in hand, concerning the pretended Ecclesiastical Jurisdiction distinct from the Civil, it will not be amiss to discuss, which of the Governments, either by Bishops, or only Presbyters is most consistent, and compatible with the peace and safety of a Christian Protestant State. If it be admitted on all sides, that there is but one power of Legislation and Jurisdiction, in all causes, and over all persons belonging to the Supreme Magistrate, I conceive that then Bishops & overseers set over many Congregations; besides that they are more agreeable with the Primitive institution, will much ease the Supreme power of the care they must take in ordering persons and causes nearer concerning the Kingdom of heaven: for his inspection being but over the Bishops, Factions and Heresies will not so easily spread among the multitude of the Christian people; as if he were immediately to overlook the actions of the great body of Presbyters, who being numerous, may easily escape his eyes, and have a greater freedom to innovate. Therefore Moses being Supreme in all causes, and over all persons, It was a wise counsel of Jethro his father in Law to wish him to set under him men over the people, who besides that, they bore the burden with him; those men being far less for number then the people, it was easy for Moses to oversee them. But under those Magistrates who should condescend to a divided and distinct jurisdiction, one being civil and exercised by themselves; the other Ecclesiastical and of Divine right belonging to the Ministers of the Gospel; In that case I do conceive that few Bishops set over Presbyters, and being Independent from any other power, have a greater opportunity to Lord and tyrannize over the Christian people, than a numerous company of Presbyters of the same rank and equal Authority can have.   

Letter.  
NOw for that, the Author of the articles would have this distinction of civil and spiritual abolished; 'tis a thing very hard to change and alter the nature of things, as if one would take away the distinction betwixt black and white: Let men do what they can, and say what they will, the questions about Faith will be still spiritual things; and suits in Law, for money, or houses, will be still civil and temporal matters: If we change the words, the nature of things cannot suffer alteration.   

Consideration.  
THe Magistrate is no more head of two things, Church & State, then of thousand kinds of actions in a Christian Commonwealth, which, for every one of them, needs not a particular Sovereign a Power: Now, these two things, Christian Church, and Commonwealth, cannot be so much as conceived to have a real being without each other; for, as every man is a reasonable creature, and every reasonable creature a man; so, every Christian Commonwealth is a Church, and every Christian Church a Commonwealth; I speak of those Churches, that have as large, and spacious extent of place, as the Commonwealth itself; for, in some other sense, a family in a house is called a Church, and according to that acception, every Church should not be a Christian Commonwealth; I think the Church is not different from the Christian Commonwealth, more than the understanding is from the Soul; for as powers and faculties are believed by great Philosophers not to be distinguished really from the Soul; however, though there should be a difference, it cannot be so distinct, as that the power can have a distinct being from the Soul, but that at least all powers are subaltern, and subordinate to the chief power, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which sits at the stern of all faculties, and directs and modifies all actions though never so several, contributing as well to ratiocination, and vision, as to the coction and expulsion. In the like manner, that Sovereign power, in a State, though one in essence, hath its several faculties or powers, from which several actions do stream tending to the ordering of the whole man, in his being and well-being, as well in things of the inward man, as the outward. And to follow he analogy between the body of man, and the State, it is no little illustration to beget belief; that as the primum movens, or Sovereign power is one, and extends itself as far, as it is circumscribed by the cuticula or thin skin; there being not one Sovereign power for the head, another for the lower regions, and a third for the hands and feet. So in a State bounded, as England, by certain limits, no doubt if it be one State or Commonwealth, it hath one Sovereign power; reaching as well to Cumberland, as to Kent and Cornwall, over all persons, actions and causes; for if some persons or causes were exempted, as for example, the persons and causes they call Ecclesiastical within the same limits of Land; I do not conceive that there can be any such power, nor can I Imagine where that power in matters Ecclesiastical or ordering Church ways should reside, by which the Supreme Civil Magistrate is bounded; but there may be as well ten thousand Supreme powers and Courts Ecclesiastical within England, as one single general power; for the Civil Magistrates Jurisdiction being distinct from the Ecclesiastical, he may not hinder that multiplication of powers; every one of these powers assuming to be sui Juris in sacred things: or if he hinders it, and prevaileth to have but one Sovereign power in Church matters in all his Dominions; this very act of prevailing will be a sufficient demonstration that there is but one Sovereign power over all causes and persons Ecclesiastical and Civil: & indeed the taking away the branch of the Jurisdiction, and power of the Christian Sovereign Magistrate, in things pertaining to the Kingdom of heaven, is as much as to destroy all Ecclesiastical power and Jurisdiction; for besides that, this makes the Magistrate but a cipher or zero in sacred things, it abolisheth all Ecclesiastical Discipline, Parish meetings, public and uniform exercises of the ordinances, which cannot be performed, but by the supreme Magistrates ordering, permission, or at least, connivance; and it reduceth all Church ways to the congregational; which way, though it cannot be disproved, all men naturally having a power to associate themselves, upon their ordinary affairs, without the Supreme Powers leave, or ordering: much more when those meetings are pious, innocent, and without danger to the public weal: yet, if there be no other Churchway within all the Dominions of the Sovereign Magistrate, than the congregational; not only all Power of the Keys, and Jurisdiction in Church-matters, is quite taken away from the Christian Magistrate; but also, all Presbyteries, Classes, Synods, and with them, their Power and Jurisdiction vanisheth, and comes to nothing; and in truth, it will come to nothing, if you do not make that public ordering of Churchway, setting up of Ordinances, uniformity of Catechising, confession of Faith, discipline, censures, to be a branch of the Legislation, and Jurisdiction, which the Sovereign Christian Magistrate is to have over all causes, persons, and actions: for, in God's name, where can that Power in Church matters be seated, but in the Christian Magistrate? May be you will seat it in all the Christian people, within the Magistrates Dominions: But, by this, the Christian people having the Sovereign Power in Ecclesiastical, shall have the liberty, not only, as I said before, to make, as in England, either one, two, or more, yea, ten thousand Nationall Churches, as far differing one from the other in Rites and Constitutions, as the Scottish Church is from the English, and the English from the French: the word of God not stinting, whether associated Christians ought to be many, or few, in one body; or whether many bodies, or few, in one Nation, as England; and whether they must be a collection of Churches joined in one body of a Nationall Church, or not? And, which is more, this absurdity, and great inconvenience, will follow from this dividing of Powers, that it will be free for Christians to erect in two contiguous Countries, under two distinct Magistrates, as France, and the Territory of Geneva, one collective body of Churches, ruled by the same Synods and Decrees, under one Sovereign Power in Ecclesiastical; and thus shall you have, not Imperium in Imperio, but Imperium in duobus Imperijs, a confusion of Empires; for, who may have right to keep them from so doing? If you say, that both the neighbour Sovereign civil Powers may hinder them; to that I say, either it is an usurpation in them to do so, or if not, than that Power by which the Church is ordered, is subordinate to the Sovereign Christian Magistrate, which is all I intended to make good. But it may be said again, that all the Christians, or all the Congregations, who are big enough to make a Church, (such as the little number of two or three of Christ in the Gospel, gathered together in Christ's name) within the Dominions of the Sovereign civil Power, will have that humane wisdom, as to erect but one Nationall Church, and of the same latitude and extent that the Dominions are: To that I say, that this very liberty, and humane wisdom, which they make use of, without a certain prescript from God, doth sufficiently evidence, that they make use of the same guide, which the Supreme Power doth employ in the governing of the State; and, that since humane wisdom must be be called to help, for the ordering of these two things, they will have to be distinct, viz. the Church, and State; none can be better trusted with them then the Supreme Power of the State, where the Church must be constituted; and indeed, the Christian Emperors have always modelled the Church after the fashion of the State, or, if you will, the State after the Church, because they were to depend of one supreme Power; for, as they had Bishops in every City, whose bounds and extent was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a Parish; so had they a Defensor Civitatis; and in every Province, the Archbishop, or Metropolitan, was answerable to the Praeses, or Proconsul: and in every Diocese, the Primate, or Patriarch, was like the Lieutenant, or Vicarius, or Legatus. To sum up all, as the primum movens in the natural body extendeth itself to all parts and functions of the body; so the Sovereign Power in a State, hath an equal Jus Imperij in Ecclesiastical and civil matters: And as the sensitive and vital parts are equally extended, and circumscribed by the same limits; so all the causes, of what kind soever they be, are bounded by the same supreme Power within the same limits of land, as if on the North side, Barwick is the bound of the civil Power of England; so is it of the Ecclesiastical. But it may be demanded, how the sovereign Power may be said to have Jus Imperij in Divine Laws? I answer, that properly, the office of a Sovereign Power is only ministerial, and in regard of God, it is rather an administration, than a power; but in regard of men, because it bindeth to obedience, 'tis a Power, and Authority: Now, his Law is either just, or unjust; if unjust, yet the obedience to it, being not sinful, it must be obeyed as a Law in force; for the strength of a Law doth not consist in that it is just, but in this, because 'tis a Law ordained by him who hath Authority: Now, if this Law be just, it must be obeyed for two reasons, viz. first, for conscience sake, and for wrath, that is the tye of every Christian, in all the commands of the Magistrate, is to obey God, and do whatsoever just and honest thing lies in one's power; then, for fear of punishment; for any precept, though moral, and never so just, although it binds the conscience, yet 'tis no Law binding to obedience in foro humano, till it be reduced into a Law by the Legislative Power of the Sovereign Magistrate; for even the supreme power, though Christian and godly, cannot punish a thief for transgressing the commandment, Thou shalt not steal, except this Law be also a Law of the State. But again, it may be demanded, what authority and power do you entitle on the Ministers of the Gospel, to whom the Scripture committeth the power of the Keys, and giveth high Titles, Names, and Eloges? I answer, that still they have the highest honour in the world, even higher than the Magistrates and Kings; higher than Judges; for all men shall be judged by their Gospel: they are Ambassadors from Christ, to earthly powers: as the Kingdom committed to them, is not of this world; so their weapons are not earthy, but spiritual, and sharper than any two edged sword; they condemn, when they do denounce the judgements of God to impenitent sinners; they pardon, declaring the mercies of God to penitent and mourning sinners; they rebuke all kinds of men, teach, exhort, admonish, and have a kind of power and authority; binding as much, or more to obedience, than the commands of the Sovereign Magistrate; for a man once convinced by the preaching of the word; the word of of the Minister, apprehended to be the truth of God, or a command from God, will be like the Intellect, which being enlightened doth more powerfully work upon the will to act, then when it is compelled by an external agent: and even civilly, the respect one hath to an Artist, binds in a manner to follow his prescriptions. 'Tis no marvel then if Theodosius being rebuked sharply by Ambros, yielded to a censure, rather coming from God, which he was willing to undergo, being conscious of his sinfulness and deserts; then that it proceeded from a man endowed with a coercive power of excommunication, to which not to yield had been a rebellion against God: as Christ alone is the true spiritual Legislatour, so he alone doth either (withhold or remit sins Solus (saith Hilarius the Deacon) peccata dimittit, qui solus pro peccatis nostris mortuus est, and the words of Lombard are very express to show the extent of the power of the Keys. Sacerdotibus tribuit Deus potestatem solvendi, & ligandi; id est, ostendendi homines solutos vel ligatos, God giveth the Priest's power to lose and bind, that is to make known they are either tied or loosed, li. 4. dis. 18. Saint Hierome upon the 26. of Matth. teacheth us what this potestas Clavium is, as the Priest makes the Leprous, either clean, or unclean, so doth the Bishop or Priest bind or unbind; and saint Cyprian, lib. de lapsis, and other where, saith, that by the preaching of Ministers men receive not forgiveness of sins, but are brought by it to be converted, by getting a Knowledge of their sins. And saint Augustine in many places saith, that the Minister is some body in the administering of the Sacraments and dispensing the word, but no body for the justification of a sinner, and for working inwardly, except he that made man, worketh in the man. Were the nature of Christ's Kingdom well understood, I suppose that the power of the Keys would be easily stated: I mean that Kingdom and power, by which Christ worketh by his word and spirit upon the spirits of men, inclining them to do his will, by persuading, and not constraining them by any coercive power delegated to the Apostles and their successors in the Ministry: Christ himself saith, he is not come into the world to judge the world, but that the world should be saved by his preaching: And the comparing of Christ's Kingdom to a grain of Mustard seed, and to leaven hid in the dough, showeth manifestly, that this Kingdom is propagated by secret persuasions, and workings, and not by a judicial external power seated in the Minister's constraining to obededience, upon bodily or pecuniary penalties. Were the visible Kingdom of Christ, a different Kingdom from that of the Christian Magistrate, we should read in the Gospel of some Laws, besides those about the sacraments, for the regulating of the said Kingdom: The precepts to believe, to repent, and to be baptised are no such Laws, that for the non-performance of them, men should incur punition or damnation: for the not obeying of the Evangelicall precepts, is an argument that the wrath of God is upon the transgressors, and not an effect following upon the transgression. He that doth not believe in Christ is condemned already: man refusing to accept of the remedy in the Gospel, is left to his former miserable estate; and the Law only takes hold of him. Now this Law denouncing both temporal & eternal punishment to the transgressors, it is evident that the power to judge in the world according to that Law, in ordering all causes, and punishing all kinds of persons transgressing, doth belong only to one Sovereign power, subaltern, not to Christ as the Sovereign Preacher and Mediator, but as God in Trinity, and Trinity in unity; or as God Creator and Supreme Governor over all causes, persons, estates, and conditions, temporal or eternal.   

Letter.  
A Midst all these difficulties, it will be a work pleasing to God, to find a mean to keep the caling of the Ministry of the Gospel in the posture and condition as it was established by Jesus Christ, without any abating and diminishing of the dignity and power of the Sovereign Magistrate, and I believe, that just and easy means may be found out.   

Consideration.  
THere is but one means, which is that of Queen Elisabeth, King James, and of Hooker in his book of Ecclesiastical polity, wherein under the words of Royal power, Crown and dignity, he teacheth us, that all power and jurisdiction Ecclesiastical is derived from the Supreme power of England, and is upholden and defended by him: The words of the Act Elizab. 1. cap. 1. are very express, omitting nothing which can be of Pastors and Synods cognizance, which be not mentioned to be of the jurisdiction of the Supreme Magistrate. All Ecclesiastical and spiritual Jurisdiction is annexed to the Crown, to visit reform, redress, order, correct and amend all such heresies, schisms, abuses, offences, contempts, and enormities whatsoever, which by any manner, spiritual or Ecclesiastical power, authority or Jurisdiction, can, or may be lawfully reform. In the same statute, it is enacted and ordained that no opinion shall be judged or determined to be heresy, but by the high Court of Parliament of the Realm.   

Letter.  
WE have already laid down for a firm and constant ground and ordained by God, that all Ecclesiastical persons are subject to the Sovereign Magistrate, in whose hands God hath put the Sword; and that he hath power over the lives and goods of the Pastors of the Church, and may justly punish them when they are perturbators of the public peace, and become obnoxious by their wicked lives: that the duty of the Magistrate is to restrain them if they behave themselves tyrannically in the use of the Keys, and break the peace of the State.   

Consideration.  
THis alone is sufficient to evince, that in a Christian Commonwealth, there can be but one Sovereign power, over all persons, causes, and actions, for it is absurd to conceive that the Supreme Magistrate hath power over the person of the Minister, and not over the actions and causes for which he may, and must be punished by the said Magistrate, and 'tis no less absurd to conceive that the Magistrate may justly put to death a Minister, or punish him with banishment & yet may not have the power to degrade him: it being a rule in philosophy, that if the whole be in the power, much more a part of the whole; and if the same Supreme Magistrate may justly degrade him; who doubts but he may as justly challenge to himself the right of choosing him; else (which is all one as if he had chosen the Pastor himself) he may put by, not only the said Pastor, but so many, (one after another) as are substituted by the power they call Ecclesiastical, till the Pastor chosen be according to his own mind.   

Letter.  
ANd because it might fall out, that in Nationall, and Provincial Synods, the overseers of Churches should transgress the limits of their calling, and meddle with civil affairs, in which the Civil Magistrate is interessed; it stands with reason, that these Synods be not convened without the will and consent of the Sovereign: the ancient Emperors have yet done more than that; for in the universal Councils, they have been present; as Constantine in the Council of Nicaea and Marcian at the opening of the Chalcedoine Council: or in their stead, they have sent Earls, Patrices, or Consuls, as we may see in the Acts of the Council of Chalcedoine, and the II. Council of Nicaea; in the said Acts we see that the said Patrices and Earls abated the insolency of some Bishops, and commanded them absolutely. The title given them by the Council was Gloriosissimi judices.   

Consideration.  
THis likewise proveth the necessity of one Sovereign power over all persons, meetings, causes, and actions: Synods, being assemblies, of wise and learned Counsellors, to advise the Supreme power, in matters of Doctrine and Discipline: as the Supreme Magistrates power is to call them, so to determine the members that are called to it, as Marsilius Patavinus saith, Generale concilium convocare personas ad hoc idoneas determinare pertinet ad Legislatoris authoritatem. part 2. cap. 20. and not only so, he only doth preside, and reserveth himself the faculty of approving, disproving, examining and rejecting what he thinks fit, even after the Synod is broken up, and their conclusions and Canons are ratified by him as the Ecclesiasti-Historie tells us.   

Letter.  
AS for decisions of points touching Doctrine of faith; although the Emperors never judged of these matters, yet did they maintain their authority giving Judges to whom they commanded to decide the differences; as Constantine did when the Donatists came to complain to him: for he gave them some Bishops for Judges,, to whose Judgement they not yielding, he called a Council to pronounce a definitive sentence; but these Judges which the Emperor gave to decide matter of Doctrine, were always Bishops, and Ecclesiastical persons; by that means, the Emperonr kept his authority over Bishops.   

Consideration.  
OBserve, that not the Churches, nor the Synods, but the Emperor nameth the Judges. The difference was betwixt the Donatists, and other Bishops of Africa: the Donatists, with a great deal of submission, besought the Emperor to give them Judges out of France. The Emperor gave them 3 French, and with them, Miltiades, Bishop of Rome: 'Tis here further to be observed, that (as the Letter saith) the Donatists did not condescend to the determinations of the 4 Judges, which is not to be understood, as if they rejected the sentence of the Judges, or of the Emperor, as issued from incompetent Judges, or appealed to a Synod; for quite contrary, they appealed to the Emperor, who indeed thereupon, called another Synod, to compose the controversy, which was about Caecilianus, accused by the Donatists of many crimes, and to have been unduly elected: from that Synod, in which they were condemned, they appealed again to the Emperor, who, for the second time, called another Council at Arles, of which, the Donatists not being satisfied, that Caecilianus should be confirmed in his Sea of Carthage, appealed the third time, from the Council, to the Emperor, who condemned the Donatists, and banished them: Neither were the Donatists ignorant, that the decision of the Emperor, should be the ultimate definitive judgement. And the very Bishops did use to give account, of what passed in Synods. Thus Constantine called the Bishops convened at Tyr, to him, to give an account of what passed in the Assembly. Among the Councils of France, we read that the heads of the debates in Synods, were referred ad sacratissimum judicium, that is, the counsel of the King, or rather, the King himself; and, that in the year 813. the addresses to Charles the Great, do refer the determinations of the Council, to be examined, amended, and confirmed by him; and, that by his wisdom, he would vouchsafe to supply what had been wanting on their part.   

Letter.  
IF the Sovereign Council be minded to reserve to himself the decision of points of Doctrine, and of all Ecclesiastical affairs, it were (in that case) needful, that the Council should be composed, partly of Pastors, and Doctors, and Ecclesiastical persons, skilled in these matters, as it was practised in the Palatinate afore the late troubles; which is confirmed by the example alleged by the Author of the Articles: We find (saith he) that in the Commonwealth of the Jews, in one only Synedrium, all causes were decided, and all kinds of persons might be convented. In this Synedrium, the Nasi was Precedent, who usually was the High Priest, and most in it, were Priests, or Levites. The same thing was practised in England, before these late alterations, there being a Sovereign Counsel, called the High Commission; in which, the Archbishop was Precedent, to whom were joined in Commission, as Assessors, some Counsellors at Law of the Country.   

Consideration.  
'TIs sufficiently granted, that though it be admitted, that Ecclesiastical, and Civil causes, are belonging to two distinct Jurisdictions, yet they may confluere in unum, and be made of two, one, under one single Sovereign Power. That the Powers were not divided in the Commonwealth of the Jews, it may be easily gathered, by the Story of the Jews, from Moses, to the Captivity. Moses himself was a Sovereign Judge, in all causes, and over all persons: no prophet, in his time, prophesied, but the 70 Elders, who yet prophesied by the spirit of Moses, communicated to them. In Joshuah's time, the Regal, or Civil Supreme Power, was joined with the Sacerdotal, and seated in Eleazar, as we may read, Numb. 27. vers. 18, 19 etc. And St. Peter, in his 1 Epistle, chap. 2. vers. 9 he coupleth them together, or rather, maketh but one of them, calling the Commonwealth of Israel, a Royal Priesthood. That these Powers were no less divided in Samuel, appeareth by the word of God to him, 1 Sam. 8. ver. 7. They have not rejected thee, but me: as if he should have said, this people is weary to be under thy government, they must needs have a King of their own; but in so doing, they have not so much cast thee off, as me, who had set thee over them: After Saul, the High Priests attempted nothing, (except it were by a special command of God) without the King's consent: Thus when the Book of the Law had been a long time lost, and then found, the Priests enquired of the Lord concerning that Book, by the command and direction of Josias; so that the supreme visible authority, to judge whether the Book found, was to be received for the Law of Moses, and the word of God, did only belong to the King, as we see in the 2 Book of King. chap: 22. & 23. where we read, that the King called together all sorts of men, viz. Elders, Priests, Prophets, and all the people, and read the Book of the Law before them all: and withal, was the author of the Covenant, to which all the people stood; under the word, people, all ranks of men being comprised: After the return from the captivity, it is known, that the Sacerdotal Kingdom, was again set up, as it was in Joshuah's time, and under the Judges.   

Letter.  
IN the 10th Article, he saith, it is not understood, that the Sovereign Magistrate ought to give orders; which concession, will serve to keep a part of the authority belonging to the Ministers; for if the ordination do belong to none but the Pastors only, it followeth, that to them only belongeth the degrading, and exauctorating of Ministers, which are either vicious, or heretics, or yet uncapable. They may take away what they have given; but still the punishing of them for crimes, is in the power of the Sovereign Magistrate.   

Consideration.  
THere might be yet a question made, whether, when the Supreme and Regal Power is set in, it hath not much of the Ministerial and Sacerdotal Office annexed to the Regal calling, and paternal Right: for 1500 years together, the Sovereign Power was joined with the Sacerdotal; and among the chief Cities of Greece, the Kings were Priests omnino apud veteres (saith Cicero) qui rerum potiebantur, iidem auguria tenebant, ut enim sapere, sic divinare regali ducebant. The division that was made to Aaron, was not of the Sovereign Power, but of the exercise of the Office: Besides, Aaron was an express figure of Christ, our great High Priest; which office, near the time of Christ, even soon after the Captivity, was again confounded with the Regal: but not to make use of this plea, I say it is of ordination, as of taking of the degree of Doctor of Physic or Law, in an Academy: This co-optation, though made without the special privacy of the Supreme Power; yet, in general, 'tis not done without his consent & permission; & he hath still an inspection over the man quatenus Physician, or Lawyer, and so long as he exerciseth the profession: In like manner, though the Sovereign Power doth not ordain this particular man; yet, is ordination of his appointment, and one of his Laws, though it comes first from God; for so doth the moral Law, which, notwithstanding, after it hath been published under certain penalties, becomes the Law of the Supreme Legislator of the State: we have amongst the Constitutions of Justinian, some bearing that title De ordinatione Episcoporum, & Clericorum.   

Letter.  
NOw, if the Orthodox Magistrate, under whose shadow the Church subsisteth, and the true Religion maintained, should transgress the limits, vindicating to himself more power over the Church, than God hath given him in his Word, I shall always give counsel to the Pastors of the Church, and to the people, to bear that yoke with patience, without murmuring, giving thanks to God for bestowing Magistrates, who are conservators of the purity of the Gospel, under whose shelter and protection, the souls are directed to the way that leads to salvation.   

Consideration.  
I Conceive, that if the Sovereign Magistrate takes upon him the care of ordering Church matters, that the Pastor, and Church, have a yoke so much the lighter, and therefore have need of less patience to bear it, then if they carried it themselves: neither do I conceive, that the transgression here mentioned in the Letter, can be any trespass in the Magistrate; and though it were one, that it is not much material, nor of any dangerous consequence; he having (as the Letter saith) the main qualification required in a Magistrate, which is, to be conservator of the purity of the Gospel; and besides, the main end being obtained, which can ever be desired, and aimed at, in any government, which is to be directed to the way that leads to salvation. But suppose that the Magistrate abuseth his own power over the Christian people, in ordering the things which concern the Kingdom of God; I do likewise conceive, that here the Magistrate does trespass as a tyrant, and not as an usurper, and is like him that is drunk with his own wine, and not with another's; in which there is yet a double trespass; the one against his own body, the other against the good creature of God, which he spills to no purpose: But, as they say by way of proverb, right, is right still, and wrong, wrong, in what ever disguise they appear; So mischief is a mischief still, and as great a mischief in the Sovereign Magistrate, whether his power exceedeth in things they call Civil, or things which pertain to the Kingdom of heaven; though the inconvenience be fare greater in mis-ordering the latter, God having equally entrusted him over all persons, and causes, in a Christian Commonwealth: In the discharge of which trust, it were to be wished, that all Christian Magistrates would govern without that distinction of Powers, Ecclesiastical, and Civil.   
FINIS.   

February 25. 1649.  
Imprimatur.  
Nathaniel Brent.