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Spiritual : he Murder,
the like; hunter
thould take Cas Causes,
em as such, and
most plain and evident, that both by the Laws and Canons of this Kingdom Ecclesiastical Causes as well as Temporal are under the Cogą nizance of the Sovereign Magistrate. And indeed if Spiritual Causes might be exempted from Her Jurisdiction, Her Authority would be little and inconsiderable; It would be no dif, ficult Matter to make all Causes in some sense Spiritual: For wherever any Wrong is done, whether it be Murder, Treason, Robbery,
Trespass, Non-payment, or the like, there is an Offence committed against God, and conse quently might all be made Spiritual Causes, and the Church only should take Cognizance of 'em as such, and proceed against the Offenders as Wicked Persons who have justly incurred its Censures. By which Means the Civil Power would be reduced to a very narrow Compass, it may be to nothing. But as I take it, the Church and Magistrate have in all Cases a co-ordinate Power: The Magistrate by punishing any Offender, deprives not the Church of its just Authority, neither does the Church by its Censures deprive the Magistrate of his Power. The Magistrate Punishes all Offences against his own Laws with the Sword, and the Church censures all those which break the Laws of God. Therefore where an Offender is at the same time guilty of the Breach both of Human and Divine Laws,: I fee. not any Reason why he should be exempted from suffering both Temporal and Spiritual PunishMient: And notwithstanding the Magistrate tries him at his own Tribunal, and inflicts such a Penalty on him as the Laws judge him to have deserved ; yet I do not see that this hinders his proper Spiritual Judge from censuring
him also for offending against the Laws of God. - I do not say that he is to be cited into the Ec-' · clefiaftical Court for what has been already
punished in the Temporal, that would be both
hard and unreasonable : For I look upon the - Ecclesiastical Courts as they are now managed,
to have much more Temporal than Spiritual - belonging to 'em, and it would be unjust that i a Man should have two temporal Judgments
passed upon him for the fame Crime. But my meaning is, that notwithstanding a Man has receiveda temporal Punishment for his Offence, yet his own proper Pastour who has the Care of his Soul committed to him, may use his spiritual Authority to reprove, rebuke, and exhort him, and even to deny him Communion too, till he has given Testimony of his Sincere Repentance. :
But now as to pure Spiritual Matters or Causes, 'tis certain the Supreme Magistrate has Cognizance of them also, but it is only a Temporal not Spiritual Cognizance. He may judge of all Doctrines, and declare whether this or that Faith, this or that Article of Faith shall be preached in his Dominions. I do not say that fuch a Law binds the Ministers of Christ to an active Obedience, yet if it be established by the Legislative Authority it binds all Subjects to a Pallive Obedience, they are obliged to submit to the Penalties inflicted by that Law, and 1 not to resist the Authority by Humane Force. , For tho’ in this Matter the Supreme Power by enacting what is contrary to God's Will abuses: his Authority; yet Subjects cannot judge him for it, that belongs properly to God, to whom only all Supreme Legislative Powers are subject, for the Supreme Power where-ever it is
lodged, whether in a single Person or Commu. nity can have no Superiour upon Earth: Bea cause it implies a Contradiction that the Supreme Power should have a Superiour. The Magistrate may therefore call any of his Subjects before him, and judge him concerning his Religion, whether it be agreeable to the Laws of the State or not, and none can justly except against his Jurisdiction in this Matter. Thus St. Paul and the other Apostles and Primitive Preachers of Christianity were carricd before Rulers and Judges, to be tried concerning their Doctrine, yet they made no Exceptions against the Temporal Authority in this point.
On the contrary St. Paul made his Declaration (7) Aa. 2s. 10. that he stood at (y) CÆSAR'S Judgment Seat
where he ought to be judged, yet not according
to the Divine but the Temporal Law, there. (2.) Ad. 25o8.
fore he pleaded (z) that neither against the Lam of the JEWS, neither against the Temple, nor yet against CÆSAR, had he offended any thing at all. But had they gon about to judge him Špiritus ally, in order to proceed to Ecclesiastical Censures against him, there is no Question but he would have told them that this was no part of
Temporal Power, that the Keys of God's Church were not committed to them, nor was he bound in Conscience to acknowledge them proper. Judges in this Affair. Neither does a Prince by becoming Christian acquire any such Ecclesiastical Power. For the A4 thority of all Supreme Governments is, and must be the same in every Respect be their Religion what it will. So that a Christian Magistrate has no more Power over Ecclesia; ftical Persons or in Ecclesiastical Causes than an Infidel. For where they are Supreme their
I Authority equally extends over all Persons,
poral Laws; Difference in Religion making no I Difference in the Authority: And the Grand
Seignior has the same Legal Authority over the Greek Church within his Dominions, that the French King has over the Gallican. It is not material to enquire how they, or any other Supreme Power do or may abuse this Authori. ty, but I will endeavour to Thew how they ought to use it. .
in the first place they should employ their Power to protect and Defend the Church of
God, according to that of the Prophet, (a)(4) Isa. 49.23. : Kings Mall be thy nursing Fathers, and their Queens c) thy nursing Mothers. They are therefore to
take care particularly that all the Members of : the Church under their Protection, (6) may(b) 1 Tim. 3. 23.
lead a quiet and peaceable Life in all Godliness and Honesty, for it is upon this Account that the Apostle exhorts the Church to pray for them. In order to which they should see that the Ministers of Christ be maintained in all their just Rights and Priviledges. So the Good King Hezekiah, when he began to reform the Abuses committed by his Predecessors, (c) commanded (e) a Chr. 31.4, the People that dwelt in Jerusalem, to give the 6, &c. Portion of the Priests and Levites, thas they might be encouraged in the Law of the Lord. And not only commanded this, but 'went also himself to see it done, and appointed Cononiah the Levite and Shimei his Brother with diverse others to take Gare of the Stores which were brought in, and to be Overseers of the Churches Treasury, and thus he did throughout all Judea.
od in the his, but " Cononiah
In the next Place it belongs to the Supreme Magistrate to reform the Church when it is
corrupted with Idolatry, Heresy or Supcrsti(!) Jof. 24.14.
tion. Thus Folhua commanded the People (d) to put away the Gods which their Fathers served on
the other side of the Flood and in Egypt, and to (1) 2 Ckr, 15. 8, ferve' the Lord. (e) King Asa also put away the
abominable Idols out of all the Land; and made a Law that whosoever would not seek the Lord God of Ifrael Mould be put to Death. · And deprived his Mother Maachah of her Royalty,
because she had made an Idol in a Grove. And his () 2 Chr. 17. 6. Son (f) Fehosaphat completed this Reforma
:... tion by taking away the High Places and Groves () 2 King.18.4. Out of Judah. The like did (8) Hezekiah, for . .he removed the High Places, and brake the Images,
i and cut down the Groves, and, brake in Pieces the brazen Serpent which Moses had made. For certainly.the Civil Magistrate may confirm the Law of God with Civil San&tions, and punish the Breach of 'em with corporal Penalties if
he hill see 'Occasion. Thus beside those alNeh. 13. 15, ready mentioned, we find that (h) Nehemiah
punished such as broke the Sabbath and Mar
ricd strange Wivés. ' Even Heathen Kings (i) Dan. 3. 29., have done the like. (i) Nebuchadnezar made
a Law that whosoever should speak any thing amiss of the God of Shadrach, Meshach and A
. bednego piould be cut in pieces, and their Houses (k) Dan 6. 26. Jould be made a Dighil.' And (k) Darius de
creed that in every Dominion of his Kingdom, Men tremble and fear before the God of Daniel. The ancient Christian Emperours also made many Laws to punish such as broke the Laws of God; as will be evident to any that shall read the Histories of former Ages, or but look into the Theodosian or Justinian Code. Where
tainly.rpent which moves and brake the imao
hall fee cred, we find Sabbath and Kings
ried strandachas broke the thit, (b) Nehemiah