Municipum ecclesiasticum, or, The rights, liberties, and authorities of the Christian Church asserted against all oppressive doctrines, and constitutions, occasioned by Dr. Wake's book, concerning the authority of Christian princes over ecclesiastical synods, &c.

CHAP. II. Of the Rights, Liberties, and Au∣thorities of Several, as well Se∣cular, as Sacred Societies, under the Supremacy of Civil Powers.

§ 1. HAving thus Discussed the Virtue of the Dr's own positive Sense of the Churches State and Powers, we will in the next place proceed to examine what he has seemed willing to deny as to the Hypothesis of Divine Right asserted in the Letter. And in order hereunto, we will be at the pains to descend into the bottoms of Ecclesiastical and Civil Powers, to try whether these were intended by their Pro∣vidential Author, entirely to swallow up the former, (as the Dr. teaches us) in all particulars, not excepted in God's word by a special reserve.

§ 2. All Society then is either Subordi∣nate between Superiours and Subjects, or Co-ordinate betwen Persons or Communi∣ties, free and independent of each other. And each of these is either Natural only, from the meer obligations of Nature, or Positive by voluntary Contract or Constitu∣tion. Now of all these, the first and most Fundamental Society, is the Natural So∣ciety

between God and Man, maintained by the Offices of Natural Religion on our part, and the Acts of God's Paternal Pro∣vidence on his. Next hereunto, and im∣mediately hereupon, succeeded a positive and Faederal Society between them, by the Law and Communications of the Divine Presence given in Paradise; which Com∣munications and Presence (tho' the Law of Paradise determined by Man's ejection out of Paradise) still continued, and were de∣signed for continuance to Posterities, ad∣mitting the Mystical Worship of Sacrifices, as well as the Duties of Natural Piety, to maintain this double Consociation. And herein was laid the first foundation of Ec∣clesiastical Society and Communion with God, which more formally ripened into publick and Canonical form; when, the Ge∣nerations of Men increasing under this double Union in the days of Enosh, Men began to call on the Name of the Lord, Gen. 4.26. in publick Assemblies. For then those, whom under this preccedent course of Divine Communion God had Educated by his own immediate institution, he after constituted Prophets, and Preachers of Righteousness to the Families so Ecclesiasti∣cally consociated under God; and of these Ministers he founded an Order and Succes∣sion, in which Noah was the Eighth from Enosh, Gen. 5. 2 Pet. 2.5. Where these Families and Generations so consociated un∣der God, and the Sacred Authority and Con∣duct of these Prophetick Patriarchs, were a

formal Church, or Ecclesiastical Society, and were called under a Sacred Character, the Sons of God, Gen 6 2. Now this Society Ecclesiastical, founded not only in Nature, but God's positive Constitution also, contioned thro' all that vast tract of time, between the Creation (from its Originals, and from the days of Euosh) and the Flood, (as far as ap∣pears, or is probable, without the support of the Civil Sword or Magistracy, according to the concurrent Traditions of the very Heathens herein, that in the Golden Age Men lived uprightly of their own accord without need of Judges, and without fear or apprehensions of Bonds and Punish∣ment.

§. 3. The second sort of subordinate Soci∣ety is the Matrimonial, founded in the Struc∣ture of the Sexes, and difference in the in∣ward Vigours and Powers of the Soul, and so constituted by a positive determination and Ordination of God, first in the State of Pa∣radise in a less, and after the Fall into Sin, in a greater degree of Subordination, Gen. 2. Gen. 3. And herein God laid a Corporal Foundation and Original of all other Societies to come, for all the Ends and Reasons of the Creation and Provi∣dence. And hereupon, as the Right of this Ordinance is Universal and Perpetual in God's intention and establishment, so has it continued (tho' not without abuses) as the acknowledged Foundation and Rule of Lawful Succession thro' all Nations.

§. 4. The Third Sort of Subordinate So∣cieties, succeeding the former, is the Oeco∣nomical, and is either Natural between Pa∣rents and Children, or positive, as be∣tween Tutors, and Pupils, Masters, and Servants.

§. 5. The last General Sort of Subordinate Societies, fundamentally designed by God's Providence for the conservation of Man∣kind, is the Civil, entrusted with the Power of the Swórd, in defence against all Violen∣ces and Oppressions, Domestick or Foreign, for the preservation of those Rights and Li∣berties, which are necessary to the good order and well being of Mankind in all its forms of Society, which God himself hath founded by Nature, Constitution, or Provi∣dence, for a regular and undisturbed L••se. For thus St. Paul saith, they are God's Ordi∣nance, and, as such his Ministers, bearing the Sword for our good, to the punishment of Evil Doers, and to the praise of them that do well, Rom. 13.1, &c. Tho' therefore they may not always in fact execute the design of God their Founder, upon a just Autho∣rity lodged in them by the design of Pro∣vidence, yet they are the intentional Ordinance of God hereunto, and hereunto only, against which God's bare Negative, i. e. Non∣restrictive permissions, in the course of his Providence, of those disorders, into which many times their Eminency, and Lusts consequent upon it, do too fatally hurry them, is no valid Argument, because, tho' not reducible to any account here,

they are obnoxious to God's Judgements hereafter.

§. 6. The second Sort of Society is the Co-ordinate, and that either by the tics of Na∣ture alone unto all the natural Offices of Ju∣stice and Charity, or by Contract, as in Friend∣ships, Factories. Artificial Fraternities, and Commerces, between either Men, or Na∣tions, Cities, Villages, &c. And the gene∣ral Nature of these Societies is by the intention of God, of a precedent design before Civil Powers, as being also in the Fundamental Reasons of the Civil Superstructure. For Fa∣milies multiplying Co-ordinately, Sociated themselves first into Vicinities, and Villages, from smaller to greater, for the benefit of mutual succours, beneficences, and inter∣course; and from these Rudiments increa∣sing continually, they grew up into Cities, and so Incorporated into forms Political, and falling either into the affectation, or un∣der the Calamity of War from without, or the common and usual Discords among mul∣titudes within, they were led by Providence to admit the Civil and Military Sovereignty, as necessary to their peaceable cohabitation and security, in which the common. Felicity was reposed as an inviolable Trust; and tho' we in this Age, and part of the World do think it the greatest madness to repose such a considence in single Sovereigns, as was generally done in the first collections into Cities, yet the natural Equity and Humanity of Men was not so far then vitiated, as to render the Integrity of the Prince suspicious;

from whence there appears such a Recorded Unanimity of those Kings and their People, that now to us doth almost seem impossible. I know indeed the late Celebrated Oracle of all Political Villany has taught Men out of their very Senses, that in the admission of So∣vereigns they surrender up to them all their former Rights; but the voice of nature, and the Oracles of God have taught us far other∣wise; and by these I think all wise and good Men will, and must abide.

§. 7. Civil Power was therefore superindu∣ced at last upon all the other substrate forms of Society, not to destroy and devour, but to defend them to the common felicity, ex∣cept we shall think it the most unnatural Monster, made to devour its own Parents, and Originals. And as to the Laws and Rights Mankind universally has in Matrino∣nial, Oeconomical, Fraternal, Amicable, and Factoral Communications and Societies, no Man does or will doubt but that they are ex∣empt from all right of extinction by Civil Society, which cannot stand or exist but upon those Fundamentals. And can it be then imaginable, that it hath a greater right of Dominion over the Ecclesiastical Society with God, which being the Immedi∣ate Unitive in this Life between God and us, and so a medium to an Everlasting Happi∣ness in another, was the great End on this side Heaven, for which we were first Crea∣ted, and for which the other Societies next consequent upon it were designed? Matri∣monial Society being for the propagation of

Issues, Oeconomical for the Government of there, and other Minors, and Servants in it; the Co-ordinate for common Beneficences and mutual support here, but all that those Sons of Men may hereby subsist to the Communi∣on with God here, as a pledge of a nearer fruition of him in a State of Eternity. And this general Consideration, that all these forms of Society are God's Ordinances, and of these, the Religious Society with God the first in Nature, Diguity, and Time, it cannot be imagined, that God should be divided against himself, in setting up Ordinance against Or∣dinance, and the meaner and the latter a∣gainst the first and highest, especiully since the Nature of the Society by God ordained, imports a perpetual necessity, and therefore a design of perpetnity in them all. And hereupon it is, that Religion in general, though corrupted and disguised, has yet continued among all Nations, as perpetual and universal, as the other Societies, and carried the most publick preeminence, as being the presumed means of a Divine Soci∣ety; and this, not by the bare policy of Secular Powers; (since perhaps in Princes Courts it has ever had the least estima∣tion, and true Religion is what the Lust of Men (especially great Men) are most averse to, and false Religion too gross to impose a credulity upon their acute apprehen∣sions) but (an internal disposition of the Mind, universally promoting Men to the culture of Religion, against all the prejudi∣ces and aversions of Sesuality, is an Argu∣ment

of a Divine Foundation thereof, which as no Hypocrisie could advance, so no Arti∣fices nor Oppositions can suppress; but it will continue, whether Civil Powers will or no; since these are not able to extirpate a Zeal of Superstition, much less then those Fundamental Principles of Religion, upon which not only a frame of true Religion, but even Superstition it self must be built, and which Principles will in all Men have some Productions towards either a true or false Worship of, and Society with a Deity.

§. 8. Now tho' all these are Truths so very clear, and Fundamental to the welfare of Mankind, I desire the Dr. to say out, whether he finds them all express in Scrip∣ture, or no. For if he does, then he must grant an Ecclesiastical Society antecedent to, and the Rights thereof maintainable by Civil Powers, which he does not allow in his Hypo∣thesis; or if he will allow it the Divine Right of an Ecclesiastical and Canonical Soci∣ety, this will import an Authority of Consult∣ing, and Assembling to Consult indepen∣dently on the Superinduced Civil Powers, as shall be made out in due place; but if he finds not these Maxims in express terms of Scripture, by a reserve from the Occupati∣ons of Civil Power, will he abdicate there∣fore all these Rights to it, to dissolve all the Laws, and Liberties, and Authorities of the Matrimonial, Oeconomical, and Co-••din••te So∣cieties? Or if he be not so unmerciful toward these Carnal Societies, can he with Conscience,

or so much as a pretence of Reason, give up all the Powers of the Divine Society to the Civil Dominion and Pleasure? 'Tis there∣fore only necessary to prove a Society Divinely founded by a full and fair Evi∣dence, and then all the Forms, Rights, and Powers, necessary to its good Conduct and Conservation, are ipso facto asserted against all exteriour Rapes and Usurpations what∣soever.

§. 9. Now to the Eviction hereof at full, it will be necessary to enquire into all the actual Ordinances of God, either by Nature only, or by a positive Constitution supernatu∣ral. To which End, in the first place, it is the voice and dictate of Nature, that Liber∣ty, Time, and Place to do good, are the Primitive, Universal, Eternal, Fundamental, and Unalienable Rights of the Innocent; and in the next place, that the Consociation of Men to the true and publick Worship of God is an act of the highest good, practica∣ble and enjoyable upon Earth, whether we consider its Dignity, in relation to God, and our Nature framed in the likeness of God, to be preserved hereby; or the benesits that result unto them that live in it. But then such a Society cannot do its Offices regularly, without the Conduct of the Wise, nor keep it self Holy without the government of the Good; Wisdom and Goodness being ne∣cessary to all Government (and this most chiefly in Matters Holy and Divine) to pre∣scribe Directions to the Ignorant, to encou∣rage

the Good, and Correct or Cashier the Evil. This therefore must be laid as a Ca∣tholick Rule for all Religious Society, simply and in general by the Law of Nature. But we are further to consider, what actual So∣ciety Nature it self has formed for the adora∣tion of, and Communion with God in Offi∣ces of Religion. In Families therefore the Master, by the Ordinance God in Nature and Providence, is the designed and right∣ful Governour of Religion in his Family; for which by the Law of Nature he is obliged to qualifie himself with as much Wisdom and Piety as he can; not only for his own Conversation, but the Conduct also of his House, the little Tem∣ple of God, as indeed every House should be. This therefore from the beginning is the Natural Epis∣copacy and Care of Parents and Masters towards their Children and the other Members of the Family; not only as at present they are Subjects and Dis∣ciples, but as tis to be expected, that in suc∣cession of a few years these also will com∣mence Masters and Bishops of their proper Fa∣milies, and are therefore by their own pre∣sent Parents or Masters to be prepared by good Institutions thereunto, and so down∣ward for ever to all Generations.

And this natural Right and Duty extends it self to the instruction and enforcement of the whole will and purpose of God, as far as it is known, or may be known to the Master,

either by Reason only, or Revelation also. For tho Divine and Supernatural Revelation be a positive Ordinance of Gods free purpose, and so under no Eternal Law of Nature, yet they, that by the Law of Nature are Teach∣ers and Rulers in Matters of Piety, are by that Law obliged to propose all that God hath discovered for the promotion of in. For, tho all Graces are positive Gifts, yet when given, the Law of Nature requires the culture and improvement of them to good uses, as well as the temporal Blestings o•• Gods outward Providence. For tho no Law of Nature requires me to be Rich, yet i••••••am Rich, the Law of Nature obliges me to a suitable munisicence. This then is most cer∣tainly the Law and Ordinace of Nature in the Oeconomical Conduct of Piety and Society with God, tho Mens Apostacy unto Vice has dissolved the practice, by destroying the Appetite and Faculties of most Parents for this Conduct of Religion. For let Mens Man∣ners and Circumstances vary as they will, or may, yet herein, as in all things else, the Laws of Nature alter not. So that tho an ignorant or irreligious Parent cannot execute the Offices of his Station in Matters Religions, while so unqualified, yet is he obliged still to quit his Vices, and to prosecute the Studies of a Religious Wisdom; which, when acqui∣red, w••ll qualify him for his Charge. From all which it appears, that the Matrimonial Consociation being designed for the production of Families, to be consociated under the Mu∣ster into a Communion with God, as the

chiefest End and Reason of their production, it follows, that the Oeconomical Powers have no Authority to dissolve the Religious Society of the Families with God, as being ordained purely for the maintenance and fruition of it. And then Civil Powers supervening upon a conglobation of numerous Families, having no Right or proper Lawful Authority, as Gods Ordinance, to destroy the Oeconomical Stru∣cture and Society on which they are founded and subsist, they cannot extinguish the Power nor inhibit the exercise of an Oeconomical Com∣munion in the service of God, and the Offices necessary thereunto.

§. 10. From the Subordinate Societies of Fa∣milies, multiplied into Fraternal or Collate∣ral Vicinities, there arose at first the Co-or∣dinate Society of Villages, in which Men setled together for common uses and benesicences, to supply their mutual defects and appetites. For Necessity and Convenience, and above all the natural Love of Society inclined Men unto Neighbourhood, ank this to some common a∣greements and measures of Justice and Kind∣ness for the convenience of Co-habitation; so that Men, thus prompted by Nature, ce∣ment themselves together by such a Foederal form of Co-ordinate Society. But the same Reasons that cast them into this mould, re∣quire also common Schools of Education. For tho every Master of a Family should be of right sit for this Office in all necessary Prin∣ciples, yet since in fact many are not, the sense of this defect suggests an obligation

••pon it to procure that Education from ano∣ther, which is necessary in it self, and cannot be had in every home. Now since Principles of true Religion are the most important Mat∣ter for Education, 'tis a right of Nature in all Vicinities to have such Schools for Pious Institution, not to be justly denied by any Powers upon Earth. I do not say that the Law of Nature requires every Village to have a publick School of Piety, tho Nature it self commends it; but that which Nature com∣mends, acquires thereby such a Right, if Men please to use it, which cannot justly be de∣nied them. But then every School is a subor∣dinate Society; and if it be a School of Divinity, tis a Society with God, to be Celebrated with Prayers and Devotions, Doctrines, and Pre∣cepts, and the Rules of Discipline, and Re∣ctoral Conduct. But, besides particular Schools, thus of Right erigible in all Vicini∣ties so foederally and equally sociated, the con∣science of God being the only tie to that mutual Justice and Benevolence, which they have contracted to observe, the Law of Na∣ture does require the solemn acknowledge∣ment of that God as a fundamental Principle of their Union, and consequently if not re∣quire, as I believe it will, where there is no other superiour and better provision, yet ex∣treamly recommend our common Worship and Adoration of God, for his blessing upon that Society contracted upon Conscience to∣ward God, together with those Instructions and Remembrances of the Principles of Piety, as may oblige their Consciehc••s to its more

effectual and avowed observation. This is the more to be r••••••ed on, because as all good ought to be open and diffusive, so the Ma∣jesty of God, as well as the Duty and Inte∣••e of Mankind, require true Religion to be the most public and unconsined, as being the most noble, excellent, and superlative Good, resembling its Divine and Infinite Object and Author in its Purity, and why not ••••en in its Universal and Public Appear∣ance and Authority in all public•• Societies whatsoever? From hence I am sure Nature will justifie•• Right unto all such Societies to procur•• for themselves a public Worship of God in a meer Stat•• of Natucal Religion, which simple no Civi•• Powers supervening have any Right or Reason to deny. But th••n such public Worship in public Assemblies mu•••• b•• under grave and ••o••y Conduct, and this requires Authority, which originally will lodge in the Heads of every Family, as a standing Council to convene, and consult in Sy••od, for the Conduct of such public Worship, till the•• yield up this natural priviledge to any other Power; under which however they have a Right to some public Religious Local Society with God and themselves, and to fre∣quency of public Devotions in ir; which if thei•• Super••ors will neglect or obstruct, their former Right and Liberty reverts to them again to agree for, and in God's public wor∣ship, whether their Superiors will or no, it being still to be remembred that public Society with God is a fundamental Right and Duty, far greater than all others. So that from the

days of Bel or Nimrod, (whose very Names denotes his Rebellion and Usurpation of God's Dominion) tho Princes set up theldo∣latrous Worship of Creatures, and magical Priesthoods for the Conduct thereof, prohibi∣ting the true Worship of the true God, vet any Men, Families, Villages, and Cities, might have federally maintainted an Uniformity in Offices of Natural Religion publicly in the Face of those Idolatrous Powers; their Pow∣ers being indeed the Ordinance of God, but not to any lawful ••rection of Superstitions, not to the Extinct on of his own public Wor∣ship, which all Societies whatsoever are obliged to advance.

§. II. In virtue of these Rights, if the So∣vereign••, under which they are, will ••ot assign th••m just Tim••s, sit Places, and Con∣veniences f••r such Solemn and Sacred Ser∣vice of God, and Offices of Religion, the subject People may out of their own Prop••••∣ties provide ••hem for themselves, and ••••••er them unto God's S••rvice. And since every Subject has Right unto Time, the Ground, and Houses, &c. which he by any right forms acquires, be ••ay devote what he can spare of it to his God; and natural Religi∣on requires some Tribute of all we have, as in Tenancy under the areat Lord of all. So that whatsoever is thus from a good Se∣cular Ti••e devoted unto God, becomes his, and cannot be taken away without the Sin of Sacriledge, since a Subject's private House or Vineyard is not liable to any Arbitrary

Seizure, as in the Case of Naboth. By this natural Right the Jews built Synagogues, Schools, and Houses of Prayer; without any positive Precept from God, or order from their supream Rulers, that we read of. Up∣on on the same Originals of Nature they did the like in all their Colonies & Dispersions, with∣out any Ordinance, that we know of, from the Heathen Powers. And if we will pre∣sume leave asked, and granted, (for which presumption there is no great or probable Reason) yet such Petition, and grant of leave does not import a want of antecedent Right in the Petitioners to be given by the Petitioned, but only a care for their security in using their Right, by obtaining a permis∣sion and impunity in so doing, from those Powers, who before the Crucisixion of Christ, and the determiuation of the Mosaick Cove∣nant thereupon, had indeed no right to de∣ny them Synagogues, &c. for the teaching the true Law, and the proper Devotions in them lawfully used, but only an uncontroul∣able force to have oppressed them in these Rights as well as others. So that Caution, Decency, and Peace might incline them in Prudence to petition a liberty in what they had an antecedent Right to without Petition or Concession. And to make this clear, the M••rtyrs, or Caemeteries, the Basilicae, and the Schools of the Christian Church, crected and used under Heathen Powers, were voluntari∣ly set up and employ'd in the Christian Worship, upon this Natural Right, without any derived from the Enemy-Powers;

Who did indeed of meer necessity some∣times connive at these unpetitioned usages, but would never have endured the affront of a Petition to erect Houses of that Worship, which was designed to the extinction of all the then established and received Superstitions; so that tis to be presumed, that had they de∣pended upon Petitions, they would never have had one Chappel in those Ages in the whole World.

§. 12. So much then for the Natural Right and Liberties of Publick Society with God in the Offices of Natural Devotion, Religious Ser∣vice, and Society with God; which I think are made appear valid and unalienable, tho there be no express reservations of them for the uses of Natural Religion apparent in the word of God.

Notes

• Societies di∣stinguished.
• Natural So∣ciety with God.
• Tul. de leg. l. 1. Positive Society with God.
• Apud Cyp. Ep. 30. Sect. 2. Qui a Deo, cui sociari quaerit discrepat,— privilegium so∣cietatis amittat.
• Ripening into an Ecclesiasti∣cal form.
• In the days of Enosh.
• Ʋnder Prophe∣tick Patriarchs.
• Of which Noah the Eighth from Enosh.
• Sons of God.
• Continuance of this state to the Flood.
• Matrimonial Society.
• Aug. in Gen. Quaest. 143. Est enim or∣do naturalis in hominibus, ut serviant sae∣minae viris, &c filii parenti∣bus; quia est illic justicia est haec, ut infir∣mior ratio ser∣viat fortiori.
• Oeconomical Society.
• Civil Society.
• God's Ordi∣nance for the good of Man∣kind, tho' not always actually fulsilling Gods design.
• Co-ordinate So∣ciety Natural, or Positive.
• The Originals of Civil So∣ciety.
• Families mul∣tiplying into Villages, and thence into Ci∣ties, Corpora∣ted at last un∣der Princes, as Trustees, to pre∣serve their Rights in Peace.
• Admission of Sovereigns do not import a quitting the Rights of the Community.
• Civil Society not to devour its Originals.
• Gods Ordiman∣ces not destru∣ctive of, each other.
• The proof of a Divinely con∣stituted Society Ipso facto, as∣serts its funda∣mental liberty.
• Liberty to do good a funda∣mental right of the innocent.
• God's Publick Worship the greatest good upon Earth.
• This requireth the conduct of the Wise and Good.
• Masters Bishops of their Fami∣lies.
• Aug. in Joh. c. 12. Tract 50. Suos omnes ad∣moneat, doceat, hortetur corripiat, impendat be∣nevolentiam, exerceat disciplinam. Ita in domo sua Ecclesiasticum, & quodummodo Episcopale implebit officium, mini∣strans Christo, ut in aeter∣num sit cum ipso.
• A succession of them to be maintained by Education.
• Families to be instructed as well in reveal∣ed as natural Religion by the Law of Nature.
• Co-ordinate So∣cieties of Villa∣ges, &c.
• Schools of Re∣li••ion.
• Schools subor∣dinate Socie∣ties.
• Vicinities to be p••eserved by Religion.
• All God to be public and dif∣fusive.
• Public Worship to be under Con∣duct and Autho∣rity.
• Heads of Fa∣milies the Com∣mon Conucil for mere natural Religion in vil∣lages till they surren 〈◊〉〈◊〉 it up to other Powers; under which they retain a Right to fre∣quency of wor∣shipping the true God.
• Time, Places, Conveniences of Worship claim∣able under all Powers.
• Ambros Valen∣tine Jun. Imp. Ep. ad Mar∣celliuam seror.
• Domum pri∣vati nullo po∣tes jure teme∣rare; Domum Dei existimas auserendam.
• Right of Jew∣ish Synagogues, &c.
• Reasons of asking leave.
• Buseb. Eccl. Hist. 1.8. c. 28. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.