The divine right of church-government and excommunication: or a peacable dispute for the perfection of the holy scripture in point of ceremonies and church government; in which the removal of the Service-book is justifi'd, the six books of Tho: Erastus against excommunication are briefly examin'd; with a vindication of that eminent divine Theod: Beza against the aspersions of Erastus, the arguments of Mr. William Pryn, Rich: Hooker, Dr. Morton, Dr. Jackson, Dr. John Forbes, and the doctors of Aberdeen; touching will-worship, ceremonies, imagery, idolatry, things indifferent, an ambulatory government; the due and just powers of the magistrate in matters of religion, and the arguments of Mr. Pryn, in so far as they side with Erastus, are modestly discussed. To which is added, a brief tractate of scandal ... / By Samuel Rutherfurd, Professor of Divinity in the University of St. Andrews in Scotland. Published by authority.

CHAP. XXIV.

Quest. 20.

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

FOr the clearing of the question, I humbly offer these considera∣tions to the Reader.

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

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

3. There is a foure fold judgement here considerable; 1. The first is apprehensive (apprehensivum) and common to both Magistrate,

Christian, Pastor, and all which must be given to all to whom we can ascribe conscience. 2. (Discretivum) the knowledge of discretion, the connaturall guide and principle of every mans beliefe and obedi∣ence. 3. (Definiti••um) of those that are in Authority, and do com∣mand in the Lord. 4. Peremptorium et infallibile, the supream judge∣ment of the King of the Church, who cannot erre. The first is common to all, Rom. 15. The second proper to Christians, and is a judgement of faith, 1 Thess. 5. 2. 1 Ioh. 4. 1. and it must be builded on the first. The third is the Authoritative judgement of the Church, Act. 15. 28. Mat. 18. 17. and of judges, and it must be swayed by the second, both in the commander and the commanded. The fourth is Iesus Christs on∣ly, Rom. 14. 4. 1 Cor. 4. 5.

4. It is one thing, that the power of the Ministers be subject to the* 1.1 Magistrate as the Magistrate, and another thing that the persons of the Ministers should be subject: Not any office at all in their power, seems to me to be subordinate to either Magistrate or Minister; be∣cause all Lawfull power, and Lawfull and profitable offices, and Arts, in abstracto are from God, some of them immediately; As the the gift of prophesying, healing, speaking with tongues, working of mi∣racles, and the offices of Apostle, Evangelist, Pastor, and Teacher, Ephe. 4. 11. those be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, gif••s and graces above Nature, that God without the interveening of human reason, hath devised for a supernaturall end, the edifying of his body the Church; mens will and reason may interveen in the designation of persons to some of those offices, as that Iohn, Thomas, qualified as 1 Tim. 3. be Pastors, or teachers. But if we speak of the power of the Ministery, in ab∣stracto, without connotation of the persons in concerto, then the power, or the office it selfe is not subordinate to the Ministers of the Gospel as Ministers; far lesse to the Magistrate as the Magi∣strate, because it dependeth upon none on earth, Minister or Magi∣strate; but the only good pleasure of him, who when he ascended to heaven, gave gifts unto men, that there is such an office as Minister, Pastor or teacher; And the Church cannot create a new office of a Prelate; because of its nature it tendeth to a supernaturall end, the governing of Christs body, in a way to life eternall, purchased by Christ: Now the question in this sense, whether the power of the Ministery be subordinate to the Magistrate in its constitution, it is a∣like in its subordination to Magistrate and Minister; certain it is

subordinate to neither. Other lawfull and profitable offices and Arts are from God, mediately, possibly by the intervening acts of rationall nature, though Magistracy be from God, Rom. 13. 1. yet it would seeme, God by the naturall reason of men, might devise and constitute the very office of Magistracy in abstracto, and the Art of sayling, painting, &c. yet is there no subjection of power to power here, by way of dominion: Hence the question must be of the subordination of the power, quoad exercitium, whether Mi∣nisters in the exercising of their Ministeriall calling be subordinate to the Magistrate as the Magistrate?

5. Dist. A judge is one thing, and a just judge another thing, so here are we to distinguish between a Magistrate, and a Christian Magi∣strate. As 1. a husband is one thing, and a Christian husband ano∣ther thing, a Captaine is one thing, and a Christian, and a beleeving Centurion or Captain, such as Cornelius, Acts 10. is another; a Physitian is one thing, and a gracious Physitian is another thing; sure a heathen Husband hath the same jus Maritale, the same Hus∣band power in regard of Marriage union, that a Christian and be∣leeving Husband hath. 2. A Magistrate and a Christian Magistrate may be one and the same Magistrate, with one and the same Ma∣gistraticall power, as being first heathen Magistrate, as Sergius Paulus, Act. 13. 7, 12. and there after converted to the faith. Pau∣lus* 1.2 was no lesse a civill Deputie, when Heathen then when Chri∣stian, and not more a Deputy as touching the essence of a Magi∣strate, when a Christian beleever, then he was before when a Hea∣then; yet to be a Magistrate, and to be a beleeving Magistrate, are two different things, even as Christianity is a noble ornament, and a gracious accident, and to be a Magistrate, is as it were the Sub∣ject, even as a man, and the accidents of the man, are two diffe∣rent things.

6. There be two things here considerable in the Magistrates office. 1. There is his jus and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Magistraticall power, or the authority* 1.3 officiall, the power of office to beare the sword. 2. There is aptitudo, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a speciall heavenly grace of well governing; this is 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 a gift or grace of God, to use that power for Christ. These two make one Christian husband, one Christian captain, Physitian, Master, in re∣lation to to the wife, souldiers, sick, servants: Now the Magistrate heathen as Magistrate, even Nero, when the Church of God is in his

court and dominions, hath the same jus, the same Authority and Officiall power, to be a keeper of both Tables of the Law, and to defend the Gospell, and to command the Preachers and Synods to fulfill their charge, and to see that the officers doe their dutie, and to punish dumbe dogs, Idolaters, excommunicated persons, to drive away with the sword false Teachers from the flock, he hath I say the same Magistraticall power, while he is a Heathe••, and when he is converted to the Christian faith, and he is equally head of men that professe Christ, when Heathenish as when Christian; but in neither States, is he the Head of the body the Church, and you give not to Cesar the things that are Cesars, if you make converted Nero, because a Magistrate, now the head of the Church, and deny non-converted and heathenish Nero to be the Head of the Church; for he is a Magistrate with compleat power of the Sword, in the one case, as in the other, that he neither doth, nor can use the sword for the Church, it is from Nero his state of in∣fidelity that he is in as a man, and not the fault of his office, for when Paul saith, the Husband is the head of the Wife; doth hee meane a Christian husband onely, and exclude all heathen Hus∣bands? No, for then the wife were not to be subject to the Hus∣band, if a Heathen and an unbeleever, which is against Pauls mind, 1 Cor. 7. and the Law of Nature. But the converted Magistrate, who was before a heathen Magistrate, hath a new aptitude, facul••y and grace to keep both Tables of the Law, and to govern in a civill way, and indirectly the affaires of Christs Kingdome: Hence the adversaries clearly contradict themselves by confounding those two, a Magistrate and a Christian Magistrate, one while they give su∣pream power over the Church to the Magistrate as the Magistrate, sometime to the Magistrate as Christian. So Vtenbogard in his book De officio, & authoritate supremi Magistratus Christiani in rebus Ecclesiasticis p. 7. and p. 8. hoc addo, ut intelligatur Magistratum, cum religionē Christianam amplectitur, non acquirere novam autho∣ritatem, sed quod eam authoritatem, quam ante etiam in rebus religi∣••nis & ••ultus divini, habebat authoritatē,—rectè utitur: If the Magi∣strate when he becommeth a Christian, acquireth no new autho∣rity as a Magistrate, but onely useth well his old Authority, in mat∣ters of Religion and of Gods worship, which he had before, while he was Heathen, as he saith, then the Heathen Magistrate as a

Magistrate hath a supreame power in Church matters, and yet in the same place he draweth the state of the question to a Christian Magistrate. De solo Christiano Magistratu acturus. The Armi∣nians in their Apologie, fol. 297. (as saith their Declaration) speake onely of the Christian Magistrate, and yet page 298. pote∣stati enim supremae, sive Architectonicae, qua potestas suprema est, jus hoc ut competat, ratio ordinis, sive boni Regiminis, natura sua po∣stulat,—si Magistratui qua tali jus hoo competit, ••rgo multo magis competit Magistratui Christiano. Sure, if the Magistrate, in ge∣nerall▪ and as the Magistrate, have a supream Authority in the Go∣vernment of the Church, such as the Adversaries contend for, then the Christian Magistrate farre more must be Head of the Church, and so the Magistrate as the Magistrate must be supreame Governour, and judge in all Ecclesiasticall causes, and in these same causes, he must not be Iudge as a Magistrate, but as a Christian.

Nor can they make a Christian Magistrate, à medium per partici∣pationem utriusque extremi, a middle betweene a Magistrate and a Christian. 1. For where is there such an office in either Church or state? for so a Christian Magistrate as a Christian Magistrate should be Ens per aggregationem, a thing composed of Magistra∣cy and Christianity, as a Christian Physician, a Christian Painter; and then the question should be, whether judgeth he as a Magi∣strate, or as a Christian? as we may aske whether a Christian painter painteth as a painter or as a Christian: not as a Christian,* 1.4 for then all Christians should be Painters; and a result of both should neither be a Magistrate nor a Christian, but middle between both, which fighteth with reason and sense. Some say, The power of the Magistrate in a Christian Magistrate who knoweth the do∣ctrine of the Gospell, and hath help of the counsell and light of god∣ly Pastors and Teachers, is perfecter then in Heathen Magistrates, and therefore this power as not Christian or heathenish, governs men as men, but as Christian, it governeth them as Christian m••n. But the learned and worthy professor Jac. Triglandius saith this is said without probation, for (saith he) men as Christians are members of the Church, and so are not governed but in an Ecclesiasticall way▪ and where hath the Lord commanded the Christian Magistrate to go∣verne the sheep of Christ, as the sheep of Christ? Then (say I) 1. The magistrate must governe the Church as the Church, and so rule

over the conscience of men in relation to eternall happinesse, by promising to them temporall rewards, and by compelling them by the sword, to be carried toward eternall beatitude; for to rule the Church as the Church, is to direct and lead them by spirituall means, Word, Sacraments and Discipline, to heaven, which the magistrate as a magistrate cannot do by the sword; and what he doth as a Christian▪ that he must do in a spirituall way, not with a secular* 1.5 arm and power as magistrate; and the two powers of a magistrate and of a Christian, cannot coalescere, grow together in one office which is made up of both, as of two parts, being in nature and spece different, no more then of a Horse and a Lyon you can make a third living creature. It is true, by Grace and Christianity, the power of the magistrate is perfected, and an excellent lustre added to it, but not one degree of Magistraticall power is added to it, by which the magistrate doth rule men as Christians, and as a Church: For as the office of a magistrate doth not promote the man one step nearer to saving Grace; so Christianity maketh not the Heathen magistrate more a magistrate, nor giveth him a new sword over the Church as the Church, which he had not before; nor doth it take any magi∣straticall power from him, no more then a heathen Husband, Ma∣ster, Physician, being converted to Christ, is more a husband, more* 1.6 a master or Physician, then he was before: The former power is only spiritualized, and graciously facilitated in its acts, but not one whit augmented in its entitative degrees of power over the wife, the souldiers, the servants, the sick. Triglandius excellently: The Christian magistrate converted, is sanctified, but he acq••ireth no new right over the Church: So meat is sanctified by the Word and Prayer, but it is not more meat, nor doth more nourish, because sanctified.

7. Distinct. The exercise of the Ministeriall power in dispensing Word, Sacraments, Discipline, falleth under a fourfold consideration, which, because it cleareth a necessary point, I desire may be carefully ob∣served by the Reader: 1. The simple exercise of that power is conside∣red sine modo, without any qualification, good or evil, Orthodox, or Heterodox, as the Christian Magistrate procureth by his care, that there should be a Ministery to dispense Word, Sacraments, and Disci∣plin••▪ 2. The second Consideration of this exercise, is, The exercise of power soundly and painfully, in the fear of the Lord, the Magi∣strate exhorting them thereunto for conscience. 3. The third Consi∣deration

is the exercise of the same, in a corrupt and wicked way and manner, either negligently or wickedly, or for evil ends. 4. The fourth Consideration is the free and peaceable exercise of this power without bodily violence.

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

Hence, our 1. Assertion: The Magistrate as the Magistrate is to* 1.7 procure that there be Preachers and Church-officers to dispense Word, Sacraments, and Discipline: For 1. his end is, That people under him may lead a quiet and a peaceable life in godlinesse and ho∣nesty, 1 Tim. 2. 2. And the Magistrate attaineth his end as a Magi∣strate, if there be simple exercise of Religion in the quiet and peace∣able way, that may consist with the subjects indempnity, and immuni∣ty, from rapine, injuries, and violence. 2. The difference between the Magistrates and other callings, is, that the Magistrate was to take care of old, That there were Levites who bare the Ark, and, Priests who should burn incense before the Lord, and Sacrifice; and yet it was unlawfull for the Magistrate to bear the Ark on his own shoulders, or in his own person to burn incense or sacrifice; so the Phy∣sicians hinder that diseases rage amongst the subjects, and the Magi∣strates do also hinder that they should rage: But the Physians hinder them by curing diseases, and the Magistrate hinders them not by cu∣ring diseases; for then he should as a Magistrate also be a Physici∣an, but by procuring that there should be Physicians in the Com∣mon-wealth. The Magistrate hindreth ignorance, and losing Ships by Tempests, not by professing and teaching Sciences and Arts in Academies in his own person, nor by steering Ships, and guiding them himself to their Ports, for so a magistrate as a magistrate should be a Schoolm••ster, a professor of Arts and Sciences in the Universities, and a Pilot or Shipmaster, which were a confounding of all callings; but by procuring that there should be Universities and Professors of Arts and Sciences, and by providing honorable sti∣pends and wages for them, and procuring that in the Common∣wealth there should be Sailers who are skilled in Shipping: and so doth the magistrate by his office take care, that the Word, Sacra∣ments and Discipline, be dispensed. 3. But the magistrate as the

magistrate doth no•• command sincere, hearty, zealous, and affecti∣onate dispensing of Word, Sacraments a••d Discipline: But only the dispensing of those without the qualification of the spirituall,* 1.8 or sincere exercise of the power; Because, 1. The Magistrate cannot command that as a magistrate, which he cannot judge of, whether the thing commanded be consonant to his command, or not: But the magistrate as the magistrate cannot judge of the spi∣rituallity, sincerity, zealousnesse, affectionatenesse of that obedi∣ence, which the Church yieldeth to his command: for if the Pa∣stors dispense word and Sacraments, and binde and loose by the keys following the rules of the word, the magistrate cannot judge the heart or intention, whether they do those with conscience to God, and reverence and subjection of spirit to his holy Law, nor can the manner of doing be proved by witnesses to the magistrate. 2. The Magistrate as Magistrate doth not command what he doth not praise or reward, for well doing is the object of the Magistrates praising and rewarding power, Rom. 13. 3. But as a Magistrate he doth not praise and reward the qualification, or spirituality, or since∣rity of Pastors dispensing of word and seals; if they feed the flock, the Magistrate is to take care they be rewarded with wages, no•• can the Magistrate as the magistrate withhold praise or wages from labourers in the vineyard, because they preach Christ out of envy, as some did Phil. 1. 15. or because they feed not the lambs out of a love to Christ, as they ought to do, Ioh. 21. 15, 16, 17. it is true, magistrates as godly men, may love and commend sincerity in faithfull labourers, and hate the contrary; but this they do as Christian men, not as magistrates, not by their office, and authori∣tatively. 3. Magistrates command that as magistrates, the not do∣ing of which they can a•• magistrates punish with the sword, for the object of their vindicative and revenging power is ill doing, Rom. 13. 4. But if Pastors feed the flock and rule them, the magi∣strate cannot use the sword against the feeders, for that they want sincerity, love, cheerfulnesse in the manner of doing these things, for the sword of the magistrate doth only reach men for their ex∣ternall facts, not for opinions in the mind, not for crooked inten∣tions, not for hollow-heartednesse, hypocrisie, infidelity in the manner, or inward principles of the actions.

II. Asser. when magistrates command Churchmen to do their

duty, and to feed the flock, sincerely, and in the fear of the Lord, they do it not as magistrates; but as touching the manner, they may* 1.9 exhort them to do their duty sincerely, cordially, and zealously as godly men; hence that charge that King Iehoshaphat gave to the Priests and Levites, 2 Chron. 19. 9. This shall ye do in the fear of the Lord faithfully, and with a perfect heart, is a mixt command, as touching the judging of the people in all causes and controversies that should come before them; the King as King commanded them to do this: But for the manner of the doing of it, that they should do it faithfully in the feare of the Lord, and with a perfect heart; this he commanded them not as a King, but exhorted them to it, as a godly & religious man: for 1. any godly man might have said this, and the King might have punished the Levites and Priests, if they had not judged the causes according to the Law. But though they had not judged in the fear of the Lord, and with a perfect heart; yet could not the King as King have punished them therefore, nor can any say, that the spirituall exhortation of Hezekiah, 2 Chron. 29. to the Priests and Levites, came from him as King, but as from a graced and religious man; as King he might command them to Sanctifie them∣selves legally, for so they were to do by office; and he might use the sword against them, if they failed in that; and as King he may command all externall duties, not only to Church-men, but to all others; only he cannot punish them for failings in the spirituall manner of doing externall duties▪ 2▪ A spirituall and Christian ex∣hortation ex conditione operis, and intrinsecally, hath influence on the conscience to turne the soul to God. But nothing that the ma∣gistrate can do as a magistrate, hath such an influence on the con∣science, all that he doth as a magistrate and directly, is toward the outward man, by rewards and punishments; if the magistrate re∣move false teachers and wolves, which would devour the flock, and if that work upon the conscience, it is indirectly and by acci∣dent, for, quoad actus imperatos, he can command that the Gospel, which hath a kindly and intrinsecall power to work upon the con∣science, be preached; if the magistrate convince the conscience of a murtherer, that he hath failed against the Law of God, he doth not that as a magistrate, but as a godly and religious man▪ he may convince him as a magistrate, that he hath failed against the Lawes of the State, and bands of humane society, and externall peace,

and scarce that, for ignorantia juris nemime•••• excusat.

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

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

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

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

Obj. 3. The Object of the Magistrates power, is well doing, and ill

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

Ans. It is true, the Magistrate as the Magistrate doth care for the supernaturall good of subjects, and the duties of Religion, and the first table, but how? intrinsecally and as a magistrate, that is, that men worship God according to his word: But, 1. The magistrate as such hath nothing to do with the spirit, nor can he command the sincerity of the worship; his care is that there be a divine worship, that is, materially and externally right and consonant, externally to the rules of the word; and for this cause learned divines make the externall man the object of the magistrates office; but not the externall man as doing the duties of the second table only, but al∣so as serving God in the duties of the first table: for which cause* 1.10 I said Augustine meant the same, when he said, that Kings serve God as men and as Kings. 2. Magistrates as magistrates are to ex∣tend their power for Christ; that is, that not only there be Iustice and Peace amongst men, but also that there be Religion in the land, yea, that the Gospel be preached; so all our Divines make the King to be custos ••t vindex utriusque tabule: Yea, I think he is a keeper and preserver of the Gospel also, and is to command men to serve Christ, and professe the Gospel, and to punish the blaspheming of Iesus Christ: and this is royall and magistraticall service that the King as King performeth to God, and to Iesus Christ the media∣tor, ex conditione operis, in regard that good which he procureth as King, materially and externally, is consonant to the supernaturall Law of the Gospel, but it is not magistraticall service to Christ ex intentione operantis.

Obj. 4. When its required that the Magistrates be men fearing* 1.11 God, hating coveteousnesse, &c. is not this an essentiall ingredient of an King as a King, that he read in the book of the Law, that he may feare God, Deut. 17?

Ans. There is a twofold goodnesse here to be considered, one of the magistrate as a magistrate, another as a good and Christian

magistrate. The former is an officiall goodnesse, or a magistrati∣call prudence, justice, and goodnesse; this is required of all magi∣strates as such, to judge the people: so the acts of an heathen ma∣gistrate done according to common naturall equity, by Nebuchad∣nezzar, Pilate, Cesar, Felix, Festus, are to be acknowledged as acts of a Lawfull Magistrate, valide and no lesse essentially Magi∣straticall, then if performed by King David; and of this goodnesse the Scriptures speak not as essentiall to a Magistrate as a Magi∣strate: But there is another goodnesse required of Magistrates as* 1.12 they are Members of the Iewish Church, and as they are Christians, and of these the Scripture speaketh; and so Magistrates not as Ma∣gistrates, but as good and Christian, are to be such as feare God, hate covetousnesse, respect not the face and favour of men; so its de∣nied that the fear of God, hating of covteousnesse, are essentiall ingre∣dients of Kings as Kings: For Kings as Kings intend justice, peace, godlinesse, materially considered, both ex conditione operis, and ope∣rantium. But for justice and righteous judgement in a spiritu∣all and an Evangelick way, that belongeth not to the essence of a Magistrate nec ex conditione seu ex intentione operis, nec ex conditione operantis: The Holy Ghost requireth it of judges, as they would approve themselves as truly Holy and Religious, and would be ac∣cepted of God, and in this sense Kings as Kings do not serve God, nor the mediator Christ, nor yet as men; only they serve God and the mediator Christ as Christian Kings, or as Christian men rather.

III. According to that third member of our seventh Distinction;* 1.13 The unjust and evil exercise of the Ministeriall power, is obnoxious to the magistrate as the magistrate, thus, in that he beareth the sword against all evil doers, Ro. 13. 1. The magistrate as the magistrate doth only command well doing, in order to praise and a good name, or temporall reward amongst men, Rom. 13. 3. Do that which is good and thou shalt have praise of the power, 1 Tim. 5. 17. Matth. 10. 10. Nor can the magistrate as the magistrate promise, or command the Elders to feed the Flock, with the promise of the reward that Pe∣ter promiseth, 1 Pet. 5. 4. to wit, That when the chief shepheard shall appear; they shall receive a Crown of glory that fadeth not away. The magistrate as a Preacher (if he be one, as David and Solomon were both) or as a godly religious Christian man, may hold forth such a promise, but not as a Magistrate, and upon the same ground the

Magistrate as the Magistrate cannot forbid careles, unsound preach∣ing, and rigorous and tyrannicall ruling or rather domineering over the Flock, under the pain of death eternall: for he can but kill the body, and hath but the carnall and temporall sword, Rom. 13. 4. and so he can inhibite ill doing only in order to temporary punishment, and though the duty of the former be spirituall, and the sinne of the latter also, yet the externall man is capable only of the Magistrates promises and threatnings, as they respect evill or good temporary; so that it is a wonder to me, that M. Pryn or any learned man can say that magistrates can make Lawes to binde the conscience, sure it is ill divinity. 2. If there never had been sin, there should have been no* 1.14 government but of Fathers and Husbands, there should have been no magistraticall dominion, not any magistraticall allurement to weldoing by temporall rewards, not any terrifying from evill do∣ing, from fear of the sword, death, stripes, or bands, and God go∣verned the Apostolick Church, and they attained the Crowne and supernaturall end of life eternall, without the accessory hire of a a temporary reward from the magistrate, and the subsidy of his sword; Ergo, it is evident that the magistrate is neither an essenti∣all, nor an integrall part of the visible Church as the visible Church, injoying all the Ordinances of God, Word, Sacraments, Discipline, Censures, Rebukes, Admonition, Excommunication, Prayers, Mu∣tuall edification, in as great perfection, as is happily attainable in this life without, yea, against the will of the civill magistrate: Though it be a great incouragement to have the King a Nurse-fa∣ther; yet hath not Christ counted it simply necessary to his visible Church injoying all the Ordinances of God to the full. 3. If the magistrate do only command the teachers and Pastors to preach and determine synodically, in order to a temporall reward, and forbid them to abuse their ministeriall power in order to temporary punishment, by the temporary sword; then surely the Pastors and Teachers are not subjected to them in conscience, after any Eccle∣siasticall way, for the power of commanding in magistrates as ma∣gistrates must be commensurable to the power of punishing the transgressors of the command; if the one be in order to a tempo∣rary good, the other cannot but be in order to an eternall ill; if ministers command in the name of Christ, in order to an eternall reward, they cannot threaten the transgressors in order to a tempo∣rary

punishment, but it must be in order to an eternall punishment:* 1.15 so that it is most clear, that the magistrate though he be in some sense a little God, and invested with the authority and Majesty of God, in that he commandeth and threatneth upon proposall of temporary reward, and temporary good, the very same duties that God injoy∣neth, and forbiddeth the same evills of sinne that God forbiddeth; yet he holdeth not these out to the soul and conscience of the sub∣jects, as the Ambassador of Iesus Christ, upon condition of eternall life, if they obey, and of eternall death, if they disobey; but he holdeth out to the external man these that are materially divine com∣mandements & divine inhibitions, but in another consideration▪ but formally only they are the mandates of the Magistrates in order to temporary reward and temporary punishment. Then the Ministers as Ministers in preaching and Synods, forbid adultery, incest, mur∣ther; but they propose them to those that are within the visible Church; And that, 1. to their consciences, 2. Under the paine of eternall wrath. 3. As the Ambassadors of Christ craving spirituall subjection of conscience, and divine faith to those charges: But Magistrates as Magistrates hold forth in their Law-abstinence from those same sinnes of adultery, incest, murther; But, 1. Not to the* 1.16 consciences of their subjects, but to the outer man as Members of the common-wealth. 2. Not under the paine of eternall wrath and condemnation, before the judge of quick and dead: Magistrates as Magistrates have neither calling, office, place nor power to threa∣ten or inflict eternall punishment; if Magistrates do perswade the equity of abstinence from adultery, incest, murther, in their Sta∣tutes, or Acts of Parliament, from the word of God, from the sixth and seventh command of the Decalogue, from the judgement and eternall punishment that followeth these sinnes, they so perswade not as Magistrates, but as Divines, and as godly and Christian men; yet my sense is not that the Magistrate can Lawfully command obe∣dience in matters of Religion not understood or knowne by the subjects, that were to exact blind obedience; but my meaning is, that the Magistrate as the Magistrate holdeth not forth his comman∣dements to teach and informe the conscience, as Pastors do, but he presupposeth that his mandates are knowne to be agreeable to the word of God, and proposeth them to the subjects to be obeyed. 3. Magistrates as Magistrates hold forth in their Law, abstinence

from these sinnes, not as the Ambassadors of Christ, craving sub∣jection of co••science and divine faith to those charges, but only ex∣ternall obedience: for though Ministers as Ministers crave faith and subjection of conscience to all commandements and inhibitions, as in Christs stead, 2 Co. 5. 19 20. yet the Magistrate as the Magi∣strate doth not crave either faith or subjection of conscience, nor is he in Christs stead, to lay divine bands on the conscience, to sub∣mit the soul and conscience to beleeve and abstaine, he is the de∣p••••y of God as the God of Order, and as the Creator, and foun∣der, and another of humane societies, and of Peace, to exact exter∣nall obedience, and to lay bands on your hands, not to shed inno∣ceat blood, and on your body not to defile it with adultery, or in∣cest, nor to violate the ch••st••••y of your brother; hence it is evi∣dent, that the adversaries are far our▪ who would have Ministers who do hold forth commands, that layeth hold on the conscience and craveth faith and soul-submission under the paine of eternall wrath, to do and act as the deputies and Vicars of those who have nothing to do with the conscience, and have neither office nor au∣thority to crave soul submission, or to threaten or inflict any punish∣ment, but such as is circum••cribed within the limits of time, and which the body of clay is capable of; yea, when the Magistrate punisheth spirituall sinnes, heresie, idolatry, he punisheth them on∣ly with temporary punishment.

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

Ans. It cannot be denied, but that which is spoken by way of Doctrine by an Ambassador, speaking the word in publick, and that which is spoken in private, although the ••ame words, are very different: for a private man in private to slander the Prince may be treason, he hath no place, nor calling to speak of the Prince, but a Pastor hath a calling as the watchman of the Lord of hosts to re∣buke▪

Herod for incest, and in a constitute Church, the Church is to try whether Iohn Baptist preached treason or not. 2. If it be a slander of the Prince and treason indeed, the Prophet who prea∣ched it, is first subject to the Prophets, who are to condemne and censure him, and then the magistrate is to inflict bodily punishment on him for it; but the Church should labour to gaine the slanderers soule, before the civill judge take away his life.

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

V. Assertion. When the Magistrate commandeth painfull and sound administration in preaching and governing, with provision of the praysing and rewarding of well doing, he doth not subor∣dinate to himselfe the Ministery in its exercise. 1. Because this promise is accumulative, and of a temporall reward, for the Ma∣gistrate as the Magistrate cannot promise that which Peter promi∣seth; that 1. 1▪ Pet. 5. 4. When the chiefe shepheard shall appeare, they shall receive a crowne of glory that fadeth not away, he may as a Christian promise that, but for a temporall reward for men, no man for being faithfull in the house of God, hath that unsepara∣bly annexed to his labours, by a literall promise in Scripture, and therefore it is onely accumulative. 2. Right and sound preach∣ing and governing in Gods house, cannot from this be said to bee subjected to the Magistrate as a Magistrate, in regard that this is an accidentall hire, and an externall and accessorie good, which the Church as the Church, and the most faithfull Prophets, Apostles,

and Pastors have wanted, and yet have attained the end of a Church as a Church visible, nor is this a promise made to the Church as the Church or the Ministers thereof as such, for the Apo∣stolick church that was most poor, had neither thing, nor name, nor promise, but by the contrary, the Kings and Rulers did conspire a∣gainst the Kingdome of the son of God.

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

VII. Assertion. There is a twofold subordination of the exercise of Male administration of Ministers; one civill, another Ecclesiasti∣call: These two differ, so as the former must be subordinate to the Magistrate who is to inflict bodily punishment, but the latter is onely subject to the Church. The Judiciall determination accor∣ding* 1.17 to the Word of God, for the informing of the conscience and gaining to the truth the erring Ministers, is proper to the Colledge of Ministers; and in this if the colledge of Ministers erre, they are also punishable, and the Magistrate is to command them to judge and determine, de novo, over again: The Magistrate in a constitute church is to determine civilly, and sentence, and civilly punish the Ministers that either are dumbe dogs, and will not barke, or that perverts the souls of people with false doctrine, and where the Church is constituted, it is presumed that the Priests, whose lips should preserve knowledge, have determined in an Ecclesiasticall way, the very same which the Iudge civilly is to determine, not be∣cause* 1.18 the Church hath so determined, but because he judgeth in his conscience it to be according to the Word of God.

VIII. Assertion. The Ministers are in no sort the Ambassadors or servants of the Magistrate, but of Iesus Christ, and immediately in their ministeriall acts subordinate to the King of Kings. 1. They

declare the truth in the Name of Christ, their master and Lord, not in the name of the Magistrate, as the Arminians make the steps of the subordination. 1. The Word of God. 2. The Magistrate carrying Gods sword. 3. The Preachers of the Gospell; for then the Preachers should hear the word of the Magistrate first, and have the minde of Christ spoken and revealed to them immediately from the magistrate, but mediately onely by the mediation of the Ma∣gistrate, the minde of Christ. 2. There should be in every Christi∣an Kingdome, where there is a King, a civill Pope, having directly both the Swords, not with the distinction of Iesuites, of dixectly and directly, and as they say, the Pope hath the temporall sword, indi∣rectly and in ordine ad spiritualia, in order to spirituall things, and and how many inferiour Magistrates, so many civill Popes, onely they shall not be infallible. Arminians say that this collection is from envie, Because we (say they) deny a headship and supremacy of power of Governement, to your Pastors and Elders in all your Pa∣rishes, which maketh the Church a Monster with many heads; there∣fore you put this, for envy upon the Magistrate, who yet hath the word of God above him, which the Pope hath not, who setteth himself above the Word of God.

Ans. 1. If we give a supremacy royall, and princely to the Mi∣nisters, which they call Archi••ectonica, as the adversaries doe to the Magistrate; multitudes of Popes behoved to be in the Church; but we make them meer Heralds, Trumpeters, and Messengers to re∣late the will of God, void of all royall power, and having neither earthly majesty, power, nor Sword. 2. It is not our Argument, that in which they conceive we repose, to wit, that we thinke the ad∣versaries resolve all ultimatè, and last which concerneth the go∣vernment of the Church, in the will of the Magistrate, as on an infallible rule, we grant they teach that the Word of God is to rule the Magistrate in the matters of the first Table, and justice and equity in the things of the second Table, but they say this in words onely, but the Magistrate as Magistrate may mould* 1.19 out of his high dominion what Church government he will, and this by consequent resolveth all in the Magistrates will; and that they teach, that when the Magistrate doth command against the Word of God, then it is better to obey God then men. And 2. This we infer as an absurdity that they cannot shun that there is such a

new officer, a new Church head, a creature most like a Pope in e∣very Christian Kingdome brought in the Church, who is above Bi∣shops, Pastors, Doctors, who by office must carry the minde of God to Pastor and people, who hath the keyes of the House to make and unmake, call and send, recall and exantorate ministers as his Servants and Heralds. 3. Looke what power the Magistrate as a Magistrate hath in civill affaires, the same hath he in dispensing Word, Sacraments, admitting to, or rejecting from the Sacra∣ments, calling of ministers, excommunicating by this way, and so by office, he is no lesse essentially a Pastor to watch for the soule, then he is a civill Judge. 4. How doth this confound the two King∣domes? the Kingdome that is of this world, and fighteth with the Sword; and the Kingdome that is not of this world, and fight∣eth not with the Sword? if the magistrate as the magistrate and armed with the sword, be the supream Head over both, and as he beareth the Sword have a carnall dominion over the Church as the Church? 5. If God have made the subordination of ministers as ministers, and servants of the magistrate as a magistrate, then the visible Church hath no ordinary right, to Ordinances, Word, Sacraments, discipline, but by the magistrate; and all that the Churches did in the Apostles times, or the first three hundred yeers after Christ, being contrary to the magistrates will, must be either seditious, or then it was by no rule of the Gospell, but by an extra∣ordinary dispensation; and we shall have no warrant for any dis∣pensing of the Word, and of Seals, or Government from the Apo∣stolique Church, because all that must have beene beside the rule and extraordinary. 6. From this pretended subordination, as the supream magistrate may doe all that the inferiour magistrate may doe, because the King is eminently all that the inferiour Magi∣strate is, and something more; so may he dispense the Word and Sacraments, in regard that the King is by the same officiall power over the Church as the Church, in sacris, in all matters of Reli∣gion, as in civill things, and containeth in him, in a high and emi∣nent manner, all that the Church and Pastors can doe, as they are such, and because the King hath the same power, in all Arts and Trades, then by his Royal power he might (if he had time and lea∣sure) build houses, because of his royall Eminency over all Trades, he might sit at the helme of any ship, and steer and rule it, he might

paint Images, he might plow the ground, because he hath the like Royall power over masons, Sailors, Painters, Husband-men, car∣penters, and the like, as he hath over the common-wealth, and the Church; we must then say that God hath called the King to all these to be a minister, a mason, a Sailor, a Painter, and if he had leasure, he hath Gods calling to be a Preacher, a Sailor, as to be a King, yea, and that as King he is all these: Now the Apostle clearly distin∣guisheth between him who exhorteth and teacheth in the Church, Rom. 12. and him who is the Minister of God, and beareth not the sword in vaine, Rom. 13. and clearly insinuateth a distinction of calling, so that God never called one man to all callings, as it is 1 Cor. 7. 17. But as God hath distributed to every man, as the Lord hath called every one, so let him walke, ver. 20. Let every one a∣bide in the same calling wherein he was called: And it is clear, if the King be a Head in the body▪ 1 Cor. 12. then he is not the feet, though he have need of the feet, for then the eye should be both eye and eare, and hand, and therefore the King cannot be all. Pareus in Rom. 13. saith, the King cannot doe some things ob defectum ju∣ris ex Dei limitatione, He cannot preach. Ans. Ergo, Preaching be∣longeth by Divine right to another, and its not subordinate to him, jure Divino. 2. Saith Pareus, he wanteth law to use the wi•••• of a∣nother man as his owne. Ans. Then the right of Husband and Wife is not subordinate to the King, so as he may use the right of a Hus∣band, because it is against the seventh Commandement, nor can he invade the right of Pastors to dispense Word and Sacraments, it being against the second Commandment, he not being called there∣unto. 3. Other things (saith he) he cannot doe for want of skill, as to teach in a Colledge, and others he cannot doe, because they are for∣did, as to sew shooes. Ans. If God have not called the Prince to these, it is not onely sordid, but unlawfull for him to thrust his sickle in another mans field, for God must call to a lawfull calling, else men use a lawful thing unlawfully, so it is sordid and unlawfull for him to judge those, and the like. Erastus I know roundly grant∣eth that the King or any Magistrate may lawfully dispence the Word and Sacraments, nothing hindereth him, but want of time, which is a better Answer then others give, who hold the same prin∣ciples with Erastus, and that the King hath the same Royall pow∣er in things civill and Ecclesiastick, except the adversary flee to our

distinction of power and persons, and of things civill and sacred, they shall never expede themselves. But the King (say they) is* 1.20 not capable of 1. The power of Order, he cannot be a Pastor, or a Doctor. 2. He cannot as King be capable of internall power of juris∣diction, he cannot preach, he cannot dispense the Sacraments, but he is (say they) capable of externall power of jurisdiction, to governe the Church, excommunicate, to debarre Apostates and Hereticks from the Sacraments, to create Prelates, Primates, Metropolitans, and such cattell, to call and ordaine, make and unmake Ministers, to make all Canons and Ecclesiasticall Lawes, and appoint religious Cere∣monies, as holy Surplice, crossing, oyle and spittle in Baptisme, to create holy dayes, to command men to kneel to bread, and to order all the externall worship of God, and beside the Word, to order many little and smaller things in the borders of worship externall, such as is some little Idolatry, and Superstition: And (for ought I know) by their way, who hold there is no certaine forme of Government of Gods House in the Scripture, some harmelesse and innocent golden* 1.21 Calves, as lawfull as religious symbolicall Ceremonies. This power is no more due to the Magistrate as the Magistrate, then to dis∣pense the Sacraments, as I have said before: Nor doe the Armi∣nians much honour the Magistrate, who walking in the steps of Era∣stus doe hold, that the Magistrate having power of publique places, Preachers are obliged not to preach in publike places, if the Magistrate forbid them, but they may preach in private places. But 1. These same Arminians hold that Pastors are to preach whatever in their con∣science seems to be the truth of God; a principle of those who are for tolleration of all Religions; though Iudaisme & Turcisme, a way (I am perswaded) most abominable, and which the Lord of his Church will crush, when he shal bring down other Antichristiā un∣truths to the ground; Now it seems to the conscience of Papists and many Hereticall teachers, that they are obliged to preach Turcisme, & Iudaisme in the Temple, and in publike, & that distinction is false & vain, as it is in very deed contrary to the truth of God, to preach what they think the truth of God, & to preach it in publike or pri∣vate, or in any place is indifferent as touching the place. 2. The Lord hath no more given to Magistrates power of places, or acti∣ons religious in places, then he hath given to them power of truths: Ergo, they must be obliged in conscience, rejecting a ••••i••

and saplesse distinction, to preach in publike places: for as that ju∣ditio••s* 1.22 and learned professor Iac. Triglandius saith, The place is accident all to the worship, and changeth not the nature of it; and truly as that learned professor saith, it is a poor honour that they put on the Magistrate, to limit all his power to places and stipends. 3. The Apostles knew not this distinction, for they not only preached truth, the Scribes and Pharisees forbidding them; but in publick places, and at all occasions, and dayly in the Temple, and in every house, they c••••sed not to teach and preach Iesus Christ, Act. 6. 2, 4. & 4. 1. 20. & 5. 20, 21. The Magistrate being Antichristian forbiddeth not preaching of saving truths, because of the place, be it private or publick▪ but he forbiddeth them, because they are saving, and if Iesus Christ have called a man to preach in publick, in the house tops, the Magistrate hath no power from God to silence him in publick more then in private; the Magistrate forbiddeth that any teach false Doctrine, not for the place, but because it is injurious and hurtfull to humane societies that men should be principled in a false Religion, and cannot but disturbe the publick peace.

IX. Asser. The Christian magistrate must here come under a threefold consideration. 1. As the Object of that high office is meerly and purely civill, and positive relating only to a civill end of Peace: as in importing, or exporting of goods, of wooll, waxe, moneys for the good of the common-wealth, the crying up or cry∣ing downe of the value of coyned Gold or Silver, the making of Lawes meerly civill; as not to carry Armor in the night in such a City: So in Warre, Commanders, Captains and Colonels are Ma∣gistrates to order the Battle, lay stratagems, the way of besieging Townes, of fortifying Castles, of issuing out mandates for the Na∣vy; The Parliaments power in disposing of Fouling, Fishing, Hun∣ting, Eating of Flesh, or not eating at such a time: all these▪ as the Word of God doth not particularly warrant the one side more then the other, are meerly civill and positive▪ It is sure the Ma∣gistrate hath a supremacy, and an independency above the Church or Ministers of the Gospel in all these; and as these prescinde from all Morality of the first and second Table, I hold that neither the power nor person of the Magistrate is subordinate to the Church and Church-assemblies, and Ministers of the Gospel should 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 and exceed the limits and bounds of their calling, if they

should meddle with these; as the Church should exceed their bounds, if they should make Canons touching the way of sayling, painting, tilling the earth according to such and such principles of Art, for these are without the sphere of the Churches activity; in this con∣sideration that learned and grave Divine Doctor Andrew Rivetus in Decalo in c. 5. saith well, pag. 204. That as we beleeve a man well skilled in his owne Art, so that his judgement is a supream rule; so the supream authority of the Magistrate to us in things positive, is a rule; for indeed it cannot be denied but there be Arcana Imperi•• secrets of State that are not to be communicated to Pastors or to any, in which the Rulers have a supremacy. The Magistrate falleth under a second consideration, as he giveth out Lawes just or unjust, and executeth judgement in the morning, or suffereth the eyes of the poore, the widdow and Orphane to faile for went of justice; and in these he is not subject to the Church and Pastors so, but only as if he sinne in making Lawes, the Pastors may humbly supplicate that he would recall those unjust Lawes, and judge over againe righteous judgement, and this exhorting of the Pastors is a subje∣cting of the Magistrate to the Pastors quoad actus imperatos; so have Generall assemblies in the Church of Scotland humbly supplicated the King and Parliament to retreat Laws made against the liberties of the Church, in savour of Antichristian Prelates and Ceremonies; but quoad actus elicitos: The Church and Pastors themselves can∣not usurpe the throne, and give out civill Lawes that are righteous, and judge righteously: for the poor in the place of King, Parlia∣ment and Iudges; for in this also the judges are supream and inde∣pendent, and subject only to God the Creator, as his Vicars and Deputies in Gods universall Kingdome of power called universale regnum potentiae, by Divines; they are Gods, and the shields of the world, and here only as they erre, not as they iudge, are they subject to rebukes and threatnings, and admonitions of the Church and Ministers of the Gospel: Even as the Magistrate may com∣mand the Pastors to preach and dispense the Sacraments aright, but the Magistrate himselfe can neither preach nor dispense the Sacra∣ments:* 1.23 so the Schoolmen say, that the actions of the understanding depend on the will, quoad excercitium, the will may set the mind to think on this or that truth; but not quoad specificationem. The will it selfe can neither assent, nor dissent from a truth, nor can the will

command the mind to assent to a known untruth, or dissent from a known truth; the mind or understanding naturally doth both, and this distinction holdeth in acts of the civill power, and in acts meer∣ly Ecclesiasticall▪ The third consideration of the Christian Magistrate is as he is a man, and a member of a Christian Church who hath a soul to be saved, and in this, he is to submit to Pastors, as those that watch for his soul, Heb. 13. 17. as others who have souls to be saved.

X. Ass. Hence I am not affraid to assert a reciprocation of subor∣dinations,* 1.24 between the Church and the Magistrate, and a sort of col∣laterality and independent supremacy in their own kind common to both, for every soul, Pastors and others, are subject to the Magistrate as the higher power, in all civill things, Rom. 13. 1, 2, 3, 4. Tit. 3▪ 1. 1 Pet. 2. 13, 14. Mat. 22. 21. and all members of the common-wealth, being members of the Church in soul-matters, are subject to the Church and Pastors in their authoritative dispensing of Word, Sa∣craments and Church censures: Nor are any Magistrates or other* 1.25 who have souls excepted, Heb. 13. 17. Mat. 16. 19. Mat. 18. ••8. Joh. 20. 21. Act. 15. 20, 21, 22, 23. Mat. 10. 4••, 41, 42. So Protestant writers who have written on this subject Teach: As the learned Walens, ju∣dicious Trig. that most learned Divine, And. Rivetus; the grave and learned professors of Leyden, Zipperus, Calv. Petr. Cabel Javi••••, reverend and pious M. Iohn Cotton, judicious P. Mar. D. Pareus, all the Protestant confessions. The Augustine confession distinctly of Helvetia. The confession of Sweden, the Saxon. The English con∣fession and that of Scotland, all our Divines; while Erastus, Ʋten∣bogard, Hu. Grotius, Vedelius, (Bullinger, Gualth••rus, going before them; yet not every way theirs) did teach the contrary. The Ar∣minians in Holland did thus flatter the Magistrate for their owne politick ends, and some Court Divines made the King of England Head of the Church, in the place of the Pope, which P. Mar. excu∣sed and expounded benignly; some say it is against reason that there should be two supream collaterall powers, and especially in a mutuall subordination. But can we deny this reciprocation of subordinati∣ons? it is evident in many things; if the King be in an extream fea∣ver,

one of his own subjects, a skill'd Physitian forbiddeth him to drink wine, the King is to obey him as a Physitian, by vertue of the sixth command, as the King would not kill himselfe: And yet by vertue of the fifth command, the Physitian being the Kings subject, is subject to the Laws of the King. The Queen of Scotland as a wife, was to be subject to her Husband in the Lord, as the Word of God commandeth, Ephes. 5. 22. and her owne Husband not be∣ing King, but a subject, was to obey his Wife, the Princes and su∣pream Magistrate according to the Word of God, Rom. 13. 1. 1 Pet. 2. 13, 14. Tit. 3. 1. Yea, all Arts have a sort of collaterall and co-equall dignity, and we are to believe a skilled Artist in his owne Art, though this Artist be a servant, a vassal, a slave to those who do yeild to him in his owne Art.

Notes

• * 1.1

  Not any power or office sub∣ject to any, but to God immediate∣ly, subje∣ction is properly of persons.
• * 1.2

  A Magi∣strate and a Chri∣stian dif∣ferent.
• * 1.3

  Two things in a Chri∣stian Magi∣strate, jus authoritie, aptitudo, habilitie.
• * 1.4

  Pare•••• Com. in Rom. 13. dub. Iac. Trig∣landius de potest civ. & Ecclesiastica c. 10. 207, 208. Vbi nam in∣ju••xit Chri∣stus Magi∣stratui Christiano ut oves Christi quae ••ales Regat.
• * 1.5

  Christiani∣ty maketh no new po∣wer of, or to Magi∣strates.
• * 1.6

  Jac. Trig. land. di••••er. Theo. de potest. civ. c. 8. p. 174. A fourfold considerati∣on of the exercise of Ministerial power most necessary, upon which & the for∣mer Di∣stinctions, followeth ten very considera∣ble Asser∣tions.
• * 1.7

  1. Assert.
• * 1.8

  The Magi∣strate as the Magi∣strate com∣mandeth the exercise of Mini∣steriall power, but not the spi∣rituall and sincere manner of the exer∣cise.
• * 1.9

  Magistrates as godly men, not as Magi∣strates command sincerity and zeal in the manner of the exercise of ministe∣riall power.
• * 1.10

  Augustin. contr. liter∣as petilian. l. 2. c. 92. & contr. Cres∣coni. l. 8. c. 5. reges serviunt D••o in quantum sunt homi∣nes, & in quantum sunt reges.
• * 1.11

  Exo. 18. 21 Deu. 1. 16. 17. D••u. 17. 19 20.
• * 1.12

  A two fold good in a Christian Magistrate, essentiall, accidentall.
• * 1.13

  Asser. 3.
• * 1.14

  The Magi∣strate as such com∣mandeth only in or∣der to tem∣porary re∣ward, and punisheth, and layeth no com∣mands on the consti∣ence.
• * 1.15

  Nota.
• * 1.16

  Nota. Magistrates as Magi∣strates for∣bid not sin as sin un∣der the paine of eternall wrath.
• * 1.17

  Two sorts of subordi∣nations Ci∣vill, Eccle∣siastick.
• * 1.18

  Ministers not the Ambassa∣dors of an earthly King, but of the King of Kings.
• * 1.19

  Church Officers as such not subordi∣nate to the Magistrate.
• * 1.20

  See the Ar∣minian Re∣monstrance in Apol. c. 25. fol. 299, 300. What po∣wer Erasti∣aus give to Magistrates in Church matters▪
• * 1.21

  The minde of Armini∣ans touch∣ing the Magistrates power in Church matters. Remonstrant Arminian c. 25. p. 304
• * 1.22

  ••••c. Trig. de potest. 〈…〉〈…〉. & Ec∣celesiastica diss••••tatio, Th••••l. p. 123 T••m••lorum usus & s••i∣pe••••iorum publ••••orum •••••• in re ni∣hil potest. ille enim∣extrins••••us accedit ad res Ecclesi¦asticas, eo∣rumque na∣turam at∣que indolem nihil im∣mutat. A three∣fold consi∣deration of the magi∣strate in relation to the Church
• * 1.23

  Course of conformi∣ty, part 3. pag. 146.
• * 1.24

  Reciproca∣tion of subordina∣••••••ns be∣tween Church and Magi∣strate.
• * 1.25

  A••t. Wa¦lens, p. 2. de quatenus pastor sub∣jiciatur ma∣gist. pag. 15, 16. Iac. Trig. disser. Thel. de potest. civ. & Ec∣clesi. c. 5. pag. 124. profess. Ley∣den in Syno. purioris. Theol. dis. de disc. Ec∣clesi. & de magistrati. Zipperus de p••lit••a Ec∣clesiast. l. 3. c. 13. Calvinus Insti. l. 4. c. 11. Pet. Cabel Iavins in apol••g••tico Rescript pro libert. Ecelesi. c. 6. p. 79. M. Cot. in a Model of Church and civill power. P. Matyr. loc. Communi. l. 4. c. 13. D. Pareus in prefat. ad h••seam. Epist. ad langravi. August. confess. Artic. de pot••st. Ecclesi. Helv. confess. Anno 1566. Art. 18. Suevica confess. Art. 13. Saxonica Art. 12. Anglic. fol. 132. Scotic▪ confess.