DUKE UNIVERSITY LIBRARY The Glenn Negley Collection of Utopian Literature Tolitica Sacra & Civilis : Or, A Model of Cttfl and CrcfeCiafttcai GOVERNMENT. WHEREIN, Befides the pofitive Dofbrine concerning STATE and C HV R C H in general,. ., Are debated the principal Controverfies of the TIME S concerning the CONSTITUTION OF THE State and €$UUl) ENGLAND, Tending to Righteoufnefs, Truth, and Peace. By GEORGE LAW$ON, Redorofj More in the County of Salop, wm The Second Vdition. LONDON, Printed for /. S. and are to be Sold by T. Goodwin at the Maidenhead over againfl: Sr.Duflnns Church in Fleet-fire :t. i<5j8o. ^ fj^ [£ I, vy 3 s b>.j . THE EPISTLE TO THE READER. Reader, IN" the time of our divifions, and the execution of God's Judgments upon the three Nations, I fit my felf to inquire into the caufes of our fad and woful condition, and to think offome Remedies to prevent our Ruine. Whilfl I was hufie in thisfearch ; / eafily under flood, that theSubjett of our Differences was, not only the State but the Church. *fj)is gave occafion to perufi fmh Authors as write of Government, and toftudy the Political part of the Holy Scriptures, wherein I found many things concerning the Conftitutian, the Admini- fl rat ion, the Corruption, the Converfion and Sulverfion of Civil States and King- doms, with much of Church- Difcif dine. A z . , there The Epiftle to the Reader. There I obferved certain Rules of Go- vernment in general, and fome fpecial, and proper to Civil, orelfe to Ecclefiafli- cal Polities. All the fe, according to my /■ Ability I reduced to Method, and applyed them to our own Church and State fever ally. I further took notice of our principal differences both Civil and Ecclefiaftical, and did freely deliver mine own Judgment concerning the particular parties, and their Opinions, yetfo that I endavoured to be of no Tarty, as a Par* ty. And tho in fome things I differ from them, yet it was not out offingularity, or an humour of oppofition, but out of an unfeigned defire of Truth; which in many things I found fo evident, that whofoe- ver fhould not acknowledge it, mufl needs be wilfuU and blinded with partiality or prejudice. Whilfl I go on in this work, I eajily perceived, that as our fins and impenitency brought God's Judgments upon us> fo our ignorance a%d err ours in matters of Government, ivith prejudice, partiality, pride, obftinacy and want of charity were the caufes of our divifions, which gave great advantage to our Ene- mies and Foreign Polititians : who f as formerly, fo now efpecially at this time, fear our union and agreement more than \ ever f The Epiftle to the Reader! ever, becaufe we are become a Warlike Nation, and furnifhed with Gallant Men loth by Sea and Land, therefore their great Work is to continue our Differences amongfi our felves, as fubfervient to their Inter eft. Thefe caufes once difcove~ red, the Remedies were obvious, if men were in any capacity to make ufe of them. For, fincere repentance, and a real refor- mation private and publick , with the punifhment of cryingfins, are very effeclual to avert God's judgments : And to re- nounce our Errours, to be informed in the Truth ; to lay ajide all pride, partiality, prejudice, obftinacy, fe If inter eft ; to put on humility and charity, which is the bond of per feci ion, and to let the peace of God rule in our hearts, are the only way to quench the fire of Contention, and firmly to cement us together. Tet, though good men may propofi clear truths, d if pel the mijls of Errour, perfwade to repen~ tame, and pray, yet there feems to be little hope of peace and fettlement. For, after fo many fearful Judgments executed upon us, and fevere admonitions given us from Heaven, pride, covetoufnejs, in- juftice, oppreffion, malice, cruelty, and abominable hypocrifie continue, and nothing is reformed, This is the reafon, why A $ Gods The Epiftle to the Reader. God's hand is ft retched out ft ill: many perfons have faff ered, many great Fami- lies have 'been ruined, many, feel Gods heavy band to this day : hut who fh all fuffer mofi and laft no man knows. Men of the fame Englifh Blood T , and of the fame Protejlant Profejjion continue objli- nate in their Errors, rigid and high in their Opinions, refolved in their diffe- rent Defigns, admire their own Models of Government in Church and State, will not abate of their Confidence, and refufe to recede, from their fuppofed Principles. Some are for a. bound lefs Liberty, and will not be confined by the rules and ditlates of Reafon or. the common Faith revealed from Heaven ; thefe have no Principles^ butfeem to have abandoned not onlythri* fiianity, but their own reafon. Some are for Peace, ye$ only up en their own terms y though not fo reafonable at they fhould be. $ome complain they are wrong d, andmufl be fat is fed : Others are very high andmufl be revenged. Every party muft reign, or elfe they will be Enemies. Many men of great Eftates and excellent Parts, who as yet have fuff ere ^ little. or nothing, look on as Strangers, aid will do nothing, whilft Church and State Ixe a Bleeding, ready to breathe out their laft. And what The Epiftle to the Reader. what can be the iffue, but that either me fb- ft be brongjit- very low, made a poor and bafe people, and willing of peace up r >i very hard terms, and yet hardly obtain it ; or we /hall be made a /corn and derifion to the Nations round about us, a prey unto our Enemies, and they, who hate us, /hall rule over us. To pre- vent fo fad a condition, my humble requefl to all true hearted Englifh Pro- tectants, iSjferioufly to confider, i. What our Condition was before the Scots firfl entered England with an Army. z. What thofe things were, which then the beft and wife (I de fired to be reformed both in Church and State. 3 . What Reforma- tion we are capable of at this prefent time. 4. Where the guilt of fo much Hood as hath been fhed, efpe daily in Ireland, doth principally lye. 5. What our duty is as we are Englifh, as we are Chrijlians, as we are Prote- fiants, which amongfl other things is to deliver the Gofpel to our pofte- rity , as we . received it from our Fathers. 6. What may be the mofl effectual means according to the rules of Reafon and Divine Revelation, to promote the publick good without re- fpeft of Perfons or Parties, that fo A 4 no The Epiille to the Reader. tto wicked men, but onely fueh as fear God, may have caufe to rejoyce. This is all 1 thought good by this Epiftle to fignifie unto thee at the prefent, for the reft referring thee to the Book, and remaining Thine i toferve in the Lord, George LawlbiL in In opus politic am viri clarify fimi GeorgiLawfonii, popularis rneu Q Vis tandem auguftas regnandidigerit artes, Et folidam fceptris commcdat Author opemi Jnjtitnit magnas fubtilis pagina Gentes, Dat popnlis pacem, principibufc^jidem. Public* privata fndantw tnmia, dextra y Quod multi cur ant, mius ecce labor. Tom bene regna locat, pot nit regnaffe vider: 9 Hen ! major cathedra quam fait tile fua •' Stantfecura brevi fubnixa Palatia charta, Nee facile amoto cardwc, regna lab ant : Vendicat hoc populis leges, vim legibtts : armat TeThetni^ qH&debesphttere, fola potes. Nil metHasyieqjam metHaris,Regule' y demptum Pojfe nocere aliis, velle nocere tibi. (eft Hac fucenrriffet nafcenti pagina Romas, Ne vacet Egeriam confiluijJeHwmx. Nojfet Sparta tfthac, dnro formata Lycurgo, Secula manfijfet, qwtftetit ilia dies : Nee tibi Parthenope> gemino qnater dmplius * v id. Mutajfet dominos plebs malefida fms. (anno* Comin. dc Nee pbi foedajfet faftos tarn turpiter Anglns, bell.Ncap. Milk per incertas mobilis nfifo vices. Quam Quam bene Lawfoni J magni dignifftmus hares Nominis, ilk [do juradat-^ ipfe folo. Qui regnare doces & qui parere, Ubenter Imperium calami cedimus ecce tibi. Te tantum genuit vicus brevis, angulus orbit LangcIifF, nafcenti confciaterramihi. Eborac' invideant, vel Athene ^ debeo plura Jam pro te patrU, pro patria<] ^ tibi. J. Carr, M. D. THE «£» «B» «£» *9» *4» *&* *&> *5i* jfi» <4» «£» «|>» v«j<* *5*» *y* *$p* *$* «^» «$» The Arguments of the feveral Chapters. CHAP. r. TH E Propriety of God acquired by Creation, and continued by Prefervati- on y the ground of God's Supream Dominion and Power, which is Vniverfal over all Creatures^ more particular and fpccial over Men and Angels, who are capable of Laws, Rewards, Punifbments^ not only Temporal but Eternal: The e ver- ti fe of this Power over men immediate^ or mediate. Mediate in his Govern- ment by men, over men, is either Tem- poral and Civil, or Spiritual and Ec» clefiaflical. - Of the Government Spiri- ritual before Chriffs incarnation, and after The Arguments of after his Seffion at the right hand if God. Of the Church Chriftian, Triumphant^ Militant^ Myftical, Vifi* ble, Vniverfal, Particular. The par* ticular parts of the Vniverfal Church, as vifible, the principal fubjecl of the following Difcourfe. Of our Differences and the Caufes thereof: of hope of bet* ter times, and the Author s difpofition and intention. CHAP. If. Of a Community Civil. What Politi«a is, what a Common- wealth, the fubjecl of Politica : What the parts of a Common-wealth : what a Community in general, which is tbefub- jeft of a Common-wealth; the name and nature of it. Of a Community Civil, the matter and the form thereof , the Original of Civil Communities ; the mem* hers both natural and naturalized^ whe* ther they be imperfeUly^ or formally, or eminently fuch. The capacity of this Affociation to receive the form of a Ci+ vil Government. Liberty, Equality, Pro* priety, Adjuntls to this Community. Chap. the feveral Chapters. CHAP. Ilf. Of an Ecclefiaftical Community, The Definition of it; the explication of the Defnition. The diflMion of the Members, lefs or more perfectly fitch : the manner of Incorporation ; Liberty, Equality, and aptitude to receive a form of Difcipline. Proprieties of this So* ciety. Where , fomething concerning Chil- dren born of Christian Parents, whe- ther they be members of the Church, or no- CHAP. IV. Of Power Civil. The parts of Politica, Conflitution and Adminiftration : what Conflitution is, and what the parts of a Common* wealth both Civil and Ecclefiaftical, which are two : x. Soveraign. i. Sub* jecls. What Power in general, what Power Civil, what Supream Power or Majefij The Arguments of Majefty Civil ; the Branches thereof, which are caUed Jura Majeftatis ; the multitude of them reduced to order hy federal Writers, and hy the Author. The Properties of Majefty, which is real or perfonal. What Soveraign real and perfonal may do. The Jul j eft of Real Ma- jefty in England ; the perfonal Majefty of the Parliament, and of tJje King. CHAP. V. Of the Acquifition of Civil Power, and the Amiflion thereof. Civil Power, not effentialy hut acci- dental to any Perfon. It's acquired in an extr ordinary, or ordinary way. In an ordinary way hy confent or Conquefl • juftly or unjuftly, as hy Vfurpation. Zffurpation no good Title. The Perfon Vjurping Power at the firft, by fuhfe- quent confent may acquire a good Title. Succeffion, and the fever al ways of Sue- ceffion. Amijfion of Power hy violence, or voluntary confent, or death. Whe- ther any can he made Soveraign hy con* dition ? Whether Soveraign Power once acquired the feveral Chapters. , acquired may be forfeited : how, and to whom the forfeiture may be made. CHAP. VI. Of Power Ecclefiaftical. The Power is Spiritual, jiot Civil. Why it's called the Tower of the Keys, as different from that of the> Sword. Binding andloofing, the fame with (hut- ting and opening : and both belong chiefly to Legiflation and Jurifdiftion. This Power is Supream and Independent in every particular Church >conflituted aright according to the Rules of the Go/pel. The Branches and feveral Atts of it : as, making of Canons, the c ,v, (li- tution of Officers, JurifdiZlion, difpofing of the Churches goods. Of the extent, and alfo the bounds of the Power. Cer- tain diftinElions of Spiritual Government ',' as Internal, External, Vniverfal, Par- ticular, Formal, Material, or Objeftive. Chap. The Arguments of CHAP. VII. Of acquiring or lofing Ecclefiaftical Power. The juft acquifition of this Power ex- traordinary in the higheft meafure, as in Chrifl, or in an infer iour degree, as in the Apoftles. How ordinary Churches de- rive it from Chrifl by the Gofpel-Charter in an ordinary way. The Power of the Church, and Church-Officers unequal. The fever al ways of Vfurping, and alfo of lofing this Power. CHAP, VIII. Of the difpofitionof Power Civil, from the feveral manners of which arife the feveral forms of Government General Obfervations premifed'. The feveral ways of difpoftng Majefly, or Su- pream Power in a State. Pure Forms. Monarchies, Defpotical and Regal. Pure Ariflocracies and Democracies, Mixi Governments, when the Power is placed in the feveral States joyntly. The Con- ftitution of England. Our Kings and their Title. Peers, Commons, Parlia- ments^ the feveral Chapters. wents, and the limits of their Tower. The limits of the Kings perfonal Ma- jefty. Our late divifions and ccnfufions. Whether King or Parliament as Sepa- rate t could he juftified by the fundamen- tal conftitution of England. By what Rule the Controverfie mufi be tried. Whether Party at the frjl was more faithful to the Engliftl Proteftant inte- refl. How the ft ate of the Controverfie. altered. The high and extraordinary actings of all Parties. The good that God hath brought out of our Difordsrs and Confufions. Whom God hath hither' to moft punifhed. What is to be done, if we intend a Settlement of State and Church, CHAP. IX. Of the Difpofition of Power Ecclefi- aftical, and whether the Bfhop of Rome be the fir ft Subject of it un- der Chrift. The many and great differences about the firft fubjell of the Power of the Keys: The Pope, the Prince, the Pre- late, the Presbyter, the People chal- lenge it as cine unto them by a Divine a Right. The Arguments of Right. Their fever al pretended Titles examined. Whether that of the Bifhop of Rome be good or valid. His greatnefs, . ft ate , and pomp. The opinions of fome Au- thors concerning him.The power he challen- ge th is Tranfcendent. Thereafons to prove his title taken from Politicks : Ancient Writers, the Scriptures. The infufficien- cy of them : though fome may feem to prove the poffeffion, yet none make good the Title, CHAP. X. Whether Civil Soveraigns have any right unto the power of the Keys. Their power and advantage to affume and exercife this power. Their power not fpiritualy but temporal. The power of ordering Matters of Religion, what it .is, and how it differs from the power of the Keyesy Jus Religionis ordinandi, rightly underftood> belongs to all high- er Rowers. The Kings and Queens of England, though acknowledged over all perjons, in all caufes^ both Civil and EalejUiJlicaly Jupream Governours, yet had the feveral Chapters. had not the power of the Keys. What meant by thofe words of the Oath of Su- premacy. Eraftians worthy of no anfwer, becaufe they miflake the fiate of the Queftion, and do not diflinguifh hetween the power of the Sword, and the pow- er of the Keyes. CHAP. XL Whether Bifhops be the primary fub- je£t of the power of the Keys. The different Opinions concerning the Definition and Effence of a Bifhop, as alfo concerning the fir ft Inftitution of Epifcopacy. St. Hier 'om's opinion in this point. Spalatenfis his Arguments to prove the divine Right of Bifhops, as invefted with the Power of Ordination and Jurifditlion examined and anfwe- red. Dr. Andrew's judgment in this point. After the primitive and alfo the Hierarchical Bifhop 9 which differ much, the Englifh Epifcopacy different from both the former; in fome things proper to its jelf is examined. Though fome Epifcopacy le grounded upon a divine general Precept ; yet it's not the prima" a % ry The Arguments of ry fubjccl of the power* of the Keys ; neither is Epifcopal Government proved to he neceffary by any fpecial Evan" gelical Precept of univerfal, and per- petual Obligation. CHAP. xir. Whether Presbytery be the primary Suhje&of the power of the Keys. The abolition of Epifcopacy and Sur ro- gation of Presbytery in fever a I re~ formed Churches. The nature, inflitu- tion and diflintlion of Ecckfiaftical Pres- byters. The places of Scripture, where- on the Divine Right of Law, or Ru- long Elders is grounded, examined. The Reafons why Presbyters cannot be the primary Subjecl of this Power. The Arguments of the Authors of Jus Divi- num, Ecclefiaftici Regtminis ineffici- ent to prove it. The Engliih Presby- tery, as intended and modelled by the Parliament, with the Advice of the Affembly of Divines inquired into ; the perfetlions and imperfetl ions of the fame, as modelled by the Parliament without the the feveral Chapters. the King, Certain reafons which may he imagined, why the Parliament would not trlifl the Minijiers alone with this power. chap, xur. Whether the power of the Keys be primarily in the People. The Opinion of Morel lius and the Brownifts, of Blondel, of Parker, and his miftake in Politicks, applyed to the Church to make it a mixt Govern- ment. The judgment of the Author con- cerning the Power of the Keys to he primarily under Chrijl in the whole Churchy exercifed ly the left and fitted for that work. The explication of his meaning concerning the Power, the Sub- jecl of the power, and the manner how this power is difpofed in this Subject. The Confirmation of the Propofition ; that the power of the Kejs is in the whole Church, both by the inftitution and exercife of this power. Where is premifed a confutation of Mr. ParkerV Opinion^ grounded upon two feveral pla- ces, The Arguments of ces, as he underftands them. The prin- cipal places of Scripture concerning Church-Government in foro exteriori explicated, to fnd out where this pow- er is by inftitutiou, for Legtflation, Ju- rifdiftion, and making of Officers. CHAP. XIV. Concerning the extent of a particu- lar Church. The fever al extenfions of the Church in excefs, according to the opinions of fuch as fuhjett all Churches particular to that one Church of Rome ; of fuch asfubjetf all to a general Council. Whe- ther Mr. Hudfon is juftly charged by Mr. Hooker and Mr. Ellis, and divers others, as guilty of Popery, in afferting the Vnity of the univerfal Church. The Congregational extent : what Congrega* tions are>Hvw they are gathered? Whe- ther the primary fubjett of an Indepen- dent power. The Arguments of Mr. Par- ker and the Differing Brethren from Scripture and Politicks, anfwered. A National extent examined. What means to the feveral Chapters. to he ufed for to compofeour differences, and to fettle peace amongfl us, CHAP. XV. Of Subje&ion Civil. What Subjeclion in general is, the degrees of it. What a Jubjecl in a Civil • State is: the definition explained. What the duties of Suhjeffs be. What offences are contrary to this fubjettion; what Rebellion and Treafcn : the feve- ral degrees of Treafon. what Vfurpation is ; whether any fubjeition be due to ufurped Powers, when a power is diffol- ved. How far the Oaths of Supremacy and Allegiance bound the EtTgliih fub- jecl. Whether the Civil War diddijjolve the Government. Whether the late War- like Refinance made againfi the Kings party and his Commijfions was Rebellion \ cr no ? Something of the Queftion. whe- ther upon any caufe it le lawful for the Subjetts to refifty or take up Arms againfl th ir lawful Soveraign ? as it's handled by Arnifeus. Whether after the War J aid to be between King and Parliament was com- The Arg. of the feveral Chapters. commenced, there was any ordinary Legal power which could induce an Obligation to fubjettion ? Whether the Att of alte- ration , or any other Form fince propofed, could introduce an Obligation. Whether it be lawful to fubmit unto an extra- ordinary power, when no Lt gal power ac- cording to the Fundamental Conftitu- tion can be had. The dijlinttion, divifion, and education of Subjetts, CHAP XVI. Of Subjection Ecclefiaftical. What Ecclefiaftical Subjection is. The diflinttion of Ecclefiaftical Subjetts. The qualification of a Church-member. Some- thing of feparation from a Church. The alterations, divifions made, and the Er- rors, Blafphemies profeffed in the Church ' of England in thefe late times. The man- ner of admiffion of Church- Members. The ancient and alfo the modern divifion of Ecclefia/lical Subjetts, and their fubor- d m M ion. The Hierarchical Order, The Education of Church-members ; LIB. I. CHAP, i Of Government in General^ and the Original thereof. PRropriety is the ground of Power, and Power of Government ; and s e ft. i as there are many degrees of Pro- priety, fo there are of Power : Yet as there is but one Univerfal and abfo- lute Propriety, fo there is but one fupream and univerfal Power, which the mod glori- ous, blefled, and eternal God can only chal- lenge as his due. For he contrived all things by his wifdom, decreed them by his will, and produced them by his Poww,and tothisDay worketh all things according to the oomfel of his mil, Ephef. i . 1 1 . In this refpect he is worthy to receive Glory., and Honour, andPower, bccanfe he hath created all things, and for his pleafare they are, and were created-, Rev. 4.11., By Creation he began>by Confervation he con* tinuedto be actually the Proprietary of all things : for he made them of nothing, and B ■ gave % Of Government in General, gave them being and exiftence, fo that they wholly always depend upon him, and are abfolutely his. Therefore he hath power to difpofe of them as he pleafeth, and to order them to thofe ends he created them. This ordination of them, which began immediately upon Creation, con- tinueth and mail continue to the end, and is either General of all things, or Spe- cial, of fome fpecial, more noble and more excellent Creatures: Such are Men and Angels, endued with underftanding and Free-will, and capable of Laws, rewards and punfhments, both Temporal and Eter- nal. The ordination of thefe is more pro- perly and ftriftly called Government, which is a part of divine Providence : The Go- vernment of Angels no doubt is excellent and wonderful, though we know little of it, becaufe not revealed. Srft 2 That of men is more fully manifefted to us as men, in that Book of books, we call the holy Scriptures, the prin- cipal fubject whereof is the Govern- ment of man, as ordered to his final and eternal Eftate. This Government is two-fold, i. That of drift Juftice, 2. That of fweet mercy in Chrift^ For it pleafed the Eternal Sovereign to bring Man fallen back again, and raife him up to an Eftate of eternal Glory \ this was his great delign, wherein he molt glorioufly manifefted his divine perfections of Wif- dom, Juftice, Power, and efpecially of free Mer- and the Original thereof. - Mercy ; this man we find in a two-fold capacity •, the iirft is temporal, confined to this mortal life, the fecond is fpiritu- al, and in both he is fubject to his Maker and Eternal King, who doth not always exercife his Power himfelf immediately, either in the conftitution or adminiftration of thefe earthly States, but as he ufeth the miniftry of Angels, fo he makes men his Deputies and Vicegerents, thefe are cal- led Higher Powers ordained of God, who are trufted with, and bear the Sword to protect the good, antl punifh the bad, ac- cording to certain Laws and Rules of Wif- dom and Juftice. This power may reach the Perfons and the goods of mortal man, but not the Soul and Confcience, which are exempted and referved to the Tribu- nal of God, who cannot only kill the Bo- dy, but caft both Body and Soul into Hell, and reward Men with Spiritual and Eter- nal Rewards, which the Powers of the World cannot do. Of this Government by the temporal Sword fomething fhall be faid in the following difcourfe, but with fome reference to that which is Spiritual, that the generals wherein they do agree, the particulars wherein they differ, the fubordination of the one unto the other may be the, better known. All men mould be of this fpiritual Society, but are not ma- ny excluded through their own fault and juft Judgment of God ? This feparation was made betimes, for we read of Cain B 2 caft a Of Government in General, caft out of God's prefence, and excommu- nicate } of the Sons of God, and the Sons of Men before the Flood •, of Jews and Gentiles, after that the World was peo- pled by the Sons of Noah, and the Fami- ly of Abraham, Ifaac and Jacob fingled out of all other Nations, and this before the Incarnation and theGlorificationof theMef- fias. And fince then we may obferve that there are Chriftians oppofed to Pagans and Idolaters, which do not acknowledge one only God •, to Mahometans ,who acknow- ledge the true God, who made Heaven and Earth, but not God Redeemer by Jefus Chiift; to Jews, who confefs God the Crea- tor, and Jefus Chrift in general, but as yet to come - 7 to Apoftates, who firft pro- fefled the Truth, bat afterwards denying it •, are Excommunicated by a Sentence and Decree of Heaven: Though thefebemany, and of feveral and different forts, yet they are reducible to two Societies or Cities, the one of God, the other of the Devil, as the learned Aitjlin did well obferve in his excellent Treaiifeofthe City of God;, this Spiritual Society was governed by God, as lole Monarch from the beginning, with- out any Vicar or Deputy univerfal, till fuch time, as Chriit having finiflied the great work of expectation, was fet 2t the right hand of God, and made the Adminiftra- tor general o1\the Church Chriilian, for now that is the name of this Spiritual Society. This Church, and efpecially asChi i- ftian, and the Original thereof. 5- ftian, may be confidered under fevtral No- tions, and diftinguifned into that winch now triumphs in , Heaven, and is ftcuff of everlafting Blifs, and that which is mi- litant aiming at a final Victory, and ex- pecting a perpetual Peace. 2. This mili- tant Church may be conceived to be either as myftical, confifting only of real Saints-, and fuch as by a lively Faith have Fellow- fhip with Chrift, and are living members of his Body \ or vifible, of fuch as acknow- ledge andprofefs their Faith in God, and in his Son Jefus Chrift already exhibited, and kt at the Right hand of God } and becaufethe fincerity 0/ this Profeflion .13 known certainly to God alone, therefore in this vifible Society we find Judas a- mongft the Apoftles i Simon Maaus aniongrb Chriftians^ Pharifces and Saduces, though a generation of Vipers, amo*gft the Dif- ciples of John Bapttft, yet .riefe are but Chaff, upon the Floor mingled with the Wheat, and by the Fan in Chrift's hand to be feparated,and burned with unquench- able fire. This Vifible Church militant may be sM. 5. confidered either as Univerfal or Particu- lar. The Univerfal is the number of all Chriftians living on Earth, who by their profeflion of Faith in Chrift already come, fignifie that fubjedlion to Chrift, and their relation one to another as Brethren. In this refpeft the Government of the Church is Monarchical under one Head Jefus Chrift, B 3 who tf Of Government in General^ who never appointed any one Vicar Uni- yerfal, or fupream Independent Judicato- ry vifible on Earth, with plenitude of Power over all Chriftians of all Nations. The Word, Sacraments, Miniftry and the outward means of Converfion belonging to this Church, as confidered under this no- tion } and every particular perfon there- in is firft admitted into this Society, and made a Member thereof before he can be a Member of any particular Church ; Though one baptized in a partwular Church under a form of externel Govern- ment may be folemnly received both as a member of the univerfal, and alfo that particular Body at one and the fame time ; yet in order of nature he muft be concei- ved as a member of the univerfal, before a Member of that particular •, For we are firft Chriftians, and fubjedt to Chrift, be- fore we can be fubject to the Power of any particular Church. For we are baptized into one Body Univerfal, and in the Name of Cod the Father y Son, and Holy Ghofl, not into the Church of Rome, Corinth, Ephefus, Jerufalem, or into the Name of any of the Governoursor Officers of thefe Church- es: particular vifible Churches are parts of the univerfal, and are firft fo many feveral Communities denominated ufually from ibme place, and after that by aflbciation and confent receive a form of Govern- Scope «f m ent vifible and external. This kind of the mi. fpiritual vifible policy, and the Govern- ment and the Original theretf. 7 ment thereof is the principal fubject of the enfuing difcourfe, wherein I aim at Peace and Truth> defiring not to kindle, but to quench, or at leaft abate the flames of diflention, which fo long and fo violently have raged amongft us. The Government of thefe particular s e ft. 4< Churches at this prefent time is the fub- ject of fo many Difputes amongft us, that fome doubt whether there be any fuch thing or no \ fome prefuppofe it, but know not what it is ^ fome make it to be the fame with Civil Government, and put all the Power in the Civil Magiftrates hands, and only except the Word and Sacraments, which they grant to Minifters-, fome take thofe from the Minifters, and make this ad- miniftration common to others with them \ and becaufe there is no certain order efta- blilhed amongft us, therefore many are our divisions, and fanatick Sects are multiply- ed. Some are fubtil and politick agents, and divide the Church that they may difturb the State ; thefe care not much what the Do- ctrine is> fo they can feparate thofe which fhould be united. Some defireto propagate their own Opinions, though falfe, unprofi- table, blafphemous, and their deilgn is to draw Difciples after them. Thefe prevail the more, becaufe they find the minds of ma- ny fo ready to receive any impreflion. For fome have itching ears, and every new and ftrange opinion doth affect and much take with them: Few are well grounded in the II 4 prin- =8 Of Government in General, Means to .'principles of Chriftian faving truth, fo as prevent Er-- to fo ave a diftinct, methodical knowledge of them, with an upright humble heart dif- pofed to pradife what they know; for a diftinct knowledge of Fundamentals, with a fincere defire and intention to practife and live accordingly, are excellent means to a- vbid Errors, for fuch God will guide in his truth •, fome aim at an higher perfection than this life can reach, and boafting of their high attainments infolently cenfure others, or look upon them with fcorn and contempt, as far below them. Sonie defign to make Men Scepticksin all matters of Re- ligion^ that then their minds being like Mat- ter ready toreceive any form,they may more eafily imprint upon them what'they pleafe ^ yet in theiflue many of them prove sltheifts and enemies to all Religion. The grand Politicians and chief Agents, who do leaft appear, animate the Defign, take all advan- tage?, watch all opportunities, fingle out the fitteft perfons, and make men even of contrary Judgments, and of a temper quite • different from themfelves, inftrumental and efficient to their own Ruine \ yet I hope that Gcd in the end will not only difcover, but difappoint them. All thefe bandy together, and do confpire to deftroy the Proteftant Englifh intereft, and it's a fad thing, that Orthodox Christians take little notice of thefe things, but fearfully wrangle about matters of lefs moment, to the great pre- judice of the neceflaries and fubftantialsof Religion. All and the Original thereof. p All this is come upon us for our neglect Sea. 5 . and abufe of a long continued Peace, and the light of the Gofpel mining fo gloriouf- ly amongft us. We are guilty, but God is juft, and alfo merciful and wonderfully wife. For he is trying of us to purge away the Tin and drofsj and he expects that we fhould fearch more accurately, pray more fervently, and more humbly depend upon him, whofe wifdom is fucb as that he can and will bring light out of darknefs -, good out of evil ; and a far more excellent Or- der out of our confufions. The prayers of the upright for this end are made and heard in heaven already, and what we defire in due time fhall be effected .• For he will com- fort Swn, he will comfort all her wafte pla- cesi and he will maks her Wildernefs like Eden, and her Defart like the Garden of the Lord. This indeed is a work to which man contributes little, hinders much, retards long, that Gods hand and Wifdom may the more appear, and that he may have the glory. In the mean time Chrift takes care of the univerfal Church,and the parts there- of, converting fome, confirming others, and directing all true -believers to eternal Glory ^ and though a ftorm be raifed, and the fame very terrible, yet it's nothing, but we may be confident, when we confider the skill and miraculous power of our Heaven- ly Pilot. My intention is not toinftruct the learned, Seft. 6. who are more fit to be my Matters, yet to thefe io Of Government in General^ &c thefe endued with far more excellent gifts I would give occafion, and alfo make a mo- tion to exercife their improved parts and learning in this Subject, and do this poor diffracted Church of ours, a part of the u- niverfal, fome far more glorious fervice. God may make me, though very unworthy* an inftrument of his Wifdom to inform the ignorant, and remove their Errors, and correct their miftakes. It may alfo through God's Blefting contribute fomething unto Peace, by uniting well affected minds : 1 am enemy to no man, yet profeiledly bent a- gainft errors \ and that not only in others, but alfo in my felf, if once I know them. 1 am not pre-engaged to any Party, but a fervant unto truth, and devoted unto Peace. I wifli I may not be prejudicate, or partial, or precipitate as many do, who contend to maintain a Party or a Faction, but do not care to fearch out the truth ; thefe do not clofe up, but open the breaches amongft us, and make them wider, and leave others un- fatisfied. Our differences be fo many, and fo great, that we feem to be uncapable of any Peace •, yet God can do wonders, and we may trufl: in him, who in his time will give us Peace, if not on Earth % yet certain- ly in Heaven, the place of our Eternal Reft. CHAP. * II CHAP. II. Of Government in general, and of a Com- munity Civil. Seft. , CHurch-Government prefuppofeth the The reafon Rules of Government in general, of differm- therefore he that will know the latter, muft ces ** underftand the former : For he that is ig- c ^^ h ' s norant of Government, muft needs be ig- * norant of Church- Government; and this is the very cafe of many in our days, and this is one caufe of many differences a- mongft us at this time ; to give fome light in this particular, I will fay fomething of Government in General, the Government of God, whereby he more immediately or- ders man to his final and immortal eftate :, I have according to my poor ability decla- red in my Theopolitica, or Divine Politicks, therefore I will confine my difcourfe to the Government of man by maji, or rather the Government of God by men fet over men. For God communicates fome meafure of his Power to mortal men^ and fuch as are entrulted with it, become his Vicege- rents and bear his name , according to that of the Pfalmift, / have [aid ye are Cods^ Pfal. 82. 6. My defign in this Trea- tife is not to deliver an exact Syfteme of Politicks , yet I will make ufe of thofe rules ii Of Government in General, rules I find in political writers of better rank, but with a refervation of a liberty to my felf to vary from them, as I fhall fee juffc caufe. To pafs by the diftinction of Government Monaftical and Qeconomical, I will pitch upon that which is Political. The fubjed whereof is a Community and Society larger than that of a Family, and may be fufficient to receive the form of a Common-wealth. SeCt 2. To this end we muft obferve what C Po- litico) which fome call the rule of Govern- ment of a Politie is. 2. What a Politie or Common- wealth. 3. What the parts of (Politico) be. Politico, or Politicks is the act of well ordering a Common- wealth. A Common-wealth is the order of Superiority and Subjection in a Community for the Publick Good. what * ~ conftitution -v common- of p ii t icks C ) of a Corn- there be two< > mon- parts, the ? adminiftati- \ wealth. ^ on wealth in general is. Thefe Rules are the foundation of the Foundation following Difcourfe, and inform us that Work ( Politic f) is an a&* that is a rule of Divine Wifdom to direct fome operations of the Creaturerfor fo I undsrftand it here.2.That the Object of this rule is a Common- wealth. 3. That the proper act is to di- rect and of a Community Civil. 1 3 red how to order a Common-wealth aright, fo that it may attain its proper end. 4. That the fubject matter of a Common- wealth is a Community or common and pub- lick Society of Mem 5. That the Form is an order of Superiority and Subjection efhblilhed in this Community. 6. That the end of this order is the common good or benefit of the whole and every part. 7.That feeing a Common-wealth muft firft be made by eftablifhing the order of Superiori- ty and Subjection, and being once made, muft act according to the order determi- ned •, therefore Politico, muft have two parts, the firft muft be the Rukof the Conftituti- on, the fecond the Rule of Adminiftrati- on. For the more orderly proceeding in this particular, 1 will begin with theCon- ftitution, which will take up the firft Book of this Treatife j then I will proceed to the Adminiftration, the Subject of the Se- cond Book. The Conftitution is the fetling of an order Seft 5. of Superiority and Subjection in aCommu- Con J*H Ht nity,whereby it becomes a Common- wealth. r And we may be allowed to fay, that a Com- munity is the matter of a Common-wealth :, and a Common-wealth, as fome underftand it, the form of a Community. Thefe two, i.a Community, 2. a Common-wealth, are chiefly to be handled in this firft Part. on. t4 Of Government in Genera!, A Community may be £ Gencral * Special. confidered in p , In General I will fname. examine the {.nature. Community The name in Hebrew is OJJ in Greek in general. Uokk and that may come of rW^ becaufe the matter of a Community is a multitude, in Latine, Civitas y Populm, and here ob- ferve,that rio\/f n^t);, PopHlHs^Publkus^tm to havefome affinity -, yet we muft diftingutfh f- between Civitas and Vrbs. For the for- mer fignifies the People,the latter the Place, Buildings, Habitations of the People. The -"■Romans promifed the Carthaginians not to deftroy Civitatem Carthagims , to make good their word, they brought out the Peo- ple, which was Civitas, and then ruined Vrbem, the Place, Buildings, Walls, Houfes j though Plebs and Popuhts, as Civitas and Ref- publica, are fometimes taken for the fame, yet more properly Plcbs fignifies the mean- er and inferiour part of the People, and Popfihis the whole Body, both the higheft and the loweft. Civitas alfo differs from Refpnblica y as the Matter from the Form, the Body from the Soul in many Writers of Politicks. The Hebrew word Dy is turned by the Septuagint molt frequently, a<&*i Populns, the People ; yet fometimes *e9po?, a Nation, fometimes ^o^, a confufed mul- and of a Community Civil. i$ multitude, fometimes 'Zw&yty*, a Congre- gation, fometimes ruEa©-, a multitude, fometimes r«©- r a Generation -, all thefe fignifie a multitude of Perfons, fome ways united and combined together, which a- grees always unto a Community. Forfterus tells us that Dy is a multitude of People or Society, which being joyned together, have the fame Name, Language, Laws, Religi- on, Politic Though this is true fometimes, yet it is not always fo ; and to ha^ the fame Politie, is not only to be a Communi- ty, but a Common- wealth. It's true, that Ifrael, not long after their coming out of Egypt, had the fame Name, Language, Laws, Religion, Politie, both Civil and Ecdefi- aftical. This is the Name, the Nature follows, Sefl. 4. and we may learn it out of Anftine, as he *?e c. D. did from the Roman Oratour, according to jr* * 9 ' both thefe, Republic a eft res Populi. Popubis q^d. >'i eft ccetns multitudtms juris confenfit & utili- tatis commmiom fociatus y in another place, Populm eft ccetw mitltitudini? rationale, return cjuas diligit^ concordi comnmnione jociatus. Ar~ nifetts out of Ariftotlc defcribes it to be a perfect Society of Vicinities , having all things necefiary to an happy Life ; yet be- caufe thefe definitions are not perfect, 1 will frrft enquire further into the nature of a Community, as it is the fubject of a Com- mon-wealth. 2. Difcover the Original cf Communities, 3. Declare who are Members of a Community. A Community is a Society of 1 6 Of Government in General, of Terfons immediately capable of a Common- wealth j or it is a Society fit to receive a Form of Publick. Government ■ This is the general nature of a Community, which may be con- fidered under a Civil or Ecclefiaftical notion. Seft. < ^ Community Civil is a Society of Fa- what com- miliesand Vicinities ficted for, and capable munity ci- of a Common- wealth Civil. And here 1 vil is. will take ocafion more diftinctly to explain what is a Community in general. 2. What this Community Civil is. In a Community therefore Men •, for the matter of it is ra- tional, not irrational Creatures. 2. There mull be a multitude of them. 3. This muft be a multitude of Families and Vicinities to diftinguifh it from a Colledge, an Uni- verfity, an Armie, and other occafioned Multitudes. 4. Thefe mull: Aflbciate and be United together } for they make up this body, not as feverally confidered, but as joyned together in one \ for the Genus is a Society. This Society prefuppofeth U- nion, and is a Communion, whereby they Communicate in fomething common to the wholes as in an Organical Body, there are many Members. 2. Thefe are united to make one whole body of many parts. 3 . From this Union arifeth a Communion and Participation in fome things which a- gree and belong unto the whole body as a body. This Union doth not arife meerly from fome accident or cohabitation, or natural inftincl:, but from a rational and juft confent, ex juris Con fen fn, faith Cicero •, for and of a Community Civil, ij for till they be thus united, they cannot be immedately capable of, or in proximo, potemia to a Common-wealth, therefore, this union muft be rational, according to that of Auftme^ Popttlus eft ccetns multitn-* dims rationalis. 2. It muft be free and vo- luntary, for it is by con fen t. 3. Becaufe Thieves, Pirates, Confpirators, Murthe- rers, Seditious Perfons, yea Devils may be united by a rational confent, and yet can- not make a Common-wealth, neither cad be any fitfubjecl thereof: it muft be* juft, for fo the learned Father understands the words of the great Orator, ex juris cm- fenfus, though all multitudes of men by the light of Nature, or by the Laws of God revealed, if they enjoy divine Revelations, are bound to aflbciate and unite fo far as God (hall direct and enable them, yet they cannot aflbciate unjuftly. For they are bougd to aflbciate and unite fo far as God (hall direct and enable them, yet they can- not aflbciate unjuftly. For they are bound to obferve certain Rules of eternal Juftice, fo that both the things wherein they unite, and the manner of uniting muft be juft :, and the more juft the aflo- ciation, the more excellent and perfect the Common-wealth and Ordination may be. From this union arifeth a communion or common union ; or as they are one common union ; for as they are one com- mon body, fo they have fome things, Acts, Rights, which are common \ wherein alj 1 G joint- 1 8 Of Government in General^ jointly have a fhare or part : for a Com- munity is one perfon morally confidered, and whatfoever is not private is publick and common. Thefe common things may be few or many : and as the Perfon s uni- ted have one common Reafbn, Will, and Power, fo they all communicate in thefe things, and do certain common Acts as a Society, which are acts not of a part but of the whole. Yet thefe things, Acts, Rights, Priviledges, Interefts, differ from thole* which are common either unto o- ther Creatures, or Mankind in General. This Society was ordained of God for the benefit of mankind, and tends much un- to their good and happinefs, temporal at leaft. For God faw at the firft Creation, that it was not good for man to be alone, therefore he created Woman, who toge- ther with Man, was the root and Original of all Humane Societies j Gen. 2. 18. Two faith the Preacher are better than one^ and woe be to him that is alone , Ecclef 4. 9, 10. where his principal intention is tofhewthe excellency and benefit of Society, yet he prefuppolech Love, Humanity, and a near- er affection to thofe of one and the fame Society, than to all mankind in general 5 and in this Civil Society there muft be Families to diftinguilh it from fingle Per- fons, and Vicinities to difference it from Families, and 2. An aflbciation both ra- tional and juft, fo 3 . There muft be in them thus affociated an immediate capacity and fit- and of a Community Civil. 19 fitnefs, to receive a Common- wealth or form of Government. For though this af- fociation conduceth much unto their fafe- ty, help, comfort, and furnifheth them with many things not only neceflary, but con- venient, which without aflbciation they could not fo eafily enjoy, yet without a form of Government, thefe advantages could not be fo firm and lafting. This fitnefs, capacity, and immediate difpofi- tionto a form of civil Government doth not arife fo much from the multitude of the perfons, or extent and gopdnefs of the place of their habitation, as from their good affections one towards another, and* the number of juft, wife and eminent per- fons amongft them, who are fit, not only to be the matter of a ftate, but to model it, and order it once conftituted v expe- rience hereof fufficient we have at this day in this Nation -, for fo many and great are our differences both in judg- ment and affections, and our feveral in- terefts fo contrary, that the fame Lan- guage, Laws, Religion, common Coun- try cannot firmly unite us together-, but we are ready every moment to fly a fun-, der and break in pieces, if we were not kepis together rather by the fword of an Army, than by any civil Power and Poli- cy, or good affection •, this is a hd con- dition, and a juft judgment upon us for our fins. This is the Erft thing .whereof I thought SeStm :6t C 2 • to io Of Government in General, to inform the Reader, that he might the better underftand the nature of a Com- munity, before I faid any thing of the original thereof, which is the next in or- . der. The original is either natural orac- °commmity "dental. Tne natural fource is that which ' hath fome principles in the Creation of man, who though fallen retains fomething of Creation, whereby he continues not only a reafonable creature, but alfo foci- able. For man by nature, as the Philofo- pher obferved is, ^ub m^vx/av a fociable creature, becaufe he hath not only reafon, but fpeecb, without both which there can be no human Society, as humane amongft us. This natural propenlion to Society pre- fuppofeth mankind actually exifting and multiplyed \ therefore it pleated God at ihe firft to make man and Woman the foundation of a Family, and Families of Vicinities ; this is the reafon why the Au- thors of Politicks, following the Philofo- pher, fpeak fo much of ceconomical rela- tions, as the foundation of a Communi- ty, lie fir ft Relation is of Man and Wife, the fecond of Parents and Children, the third of Matters and Servants •, God at the beginning did give men not only reafen ar.d language, but a power of Generation, with a bleiling, fo that one man and one woman joined in the facred bond of Ma- trimony became husband and wife firft, and then Parents of children and of Chil- drens children, till they multiply to a nu- merous and of a Community Civil. 2,1 merous Pofterity. Thus God blefled our firfl Parents before, and Noah** Family after the Flood, that they replenished and peopled the Earth, and became not one, but many Communities. And it Vvas a ftrange providence and wonder*, to di- vide the multiplyed Pofterity of Noah H by diving the Language, into feveral com- panies, and difperfe them into feveral parts of the Earth •, and hence the many Societies of the World, and their diffe- rent Communities God Promifed Abraham CO make him a Father of many Nations-^ that is., not only of many civil, but fpiritual Societies, Gen. 17. 5. and he faid to Rebe- kah^ two Nations are in thy womb, Gen. 2 fome cminenur Pjvcs 9 Members of a Communi- ty, that is, they are either imperfectly cr perfectly fuch. • The loweft rank is of fuch as are not Jul juris fed fob po- left ate alien A 3 free and in their own Pow- er. To this form are reduced Women, Children, Servants, Strangers, whether iojourning, or inhabiting out of their own Common- and of a Community Civil. 1.5 Commonwealth ; fome kind of Tenants or VafTals do fo much depend upon o- thers •, that tlKy *are not competent Mem- bers ; all thefe are virtually included in others upon whom they depend. For- mally and fuHy Members are all fuch, as being Males of full Age, Free, Indepen- dant, have the ufe of Reafon, and fome competent Eftate ; fuch Freeholders feem to be with us. C Birth, Thefe become fuch by <* Election, C Manumillion. OrtheyarcS * atura |? ? Naturalized. Being once fuch, they have Jus fetffra- gii in publicis, as our Freeholders have a VM| in chufing their Knights for the Parliament, and they virtually give their fuffrage in that Affembly by their Re- prefentatives. Eminemer Cives are fuch, who by'feafon of their Dtfcent, Eftates, Parts, Noble Arts, are not once Mem- bers, but fomewhac more, as being fit for Honour, Offites and Places of Power, if once a Common wealth be conftru&ed' There be amongft others three infe- Sett. 8, parable adjuncts of a Community j as a Community, Propriety of Goods, Liber- ty of Perfons, Equality of the Members; Propriety there muft needs be,, and the fame Abfolute and Independanc ; the rea- fon hereof is, becaufe, what a Man hath juftly acquired, is his own by the Law of *6 Of Government in General, of Nature, which a Community doth not take away •, and further, there is no do* minium eminens, as in a Common-wealth there muft neceflarily be. Liberty of Perfons there is, becaufe every compleat Member is fiti juris, and no ways bound by the Rules of a Civil fupream Power ^ and this is more than can be in a State once constituted, wherein this Liberty is bounded by Allegiance and Laws : there is Equality, for there is no Superiour or Inferiour in refpect of Government, be- caufe there is no Government, no So- vereign, no Subject, all are fellows, Et - focii quatenus focii funt aquales ; inequali- ty of Superiour and Inferiour Civil a- rifethfroma form of Government, which is fometimes Defpotical, that it i^p~ ftructive both of Liberty and Propriety. This inequality is confident with an im- parity of Birth, Parts, Eftate ; for Age : for this is from Nature or Providence; thefe Civil Societies may be lefs or great- er both in refpect of the number of Per- fons, and extent of Place : Neither can the certain number of Perfons, nor the particular bounds of Place be well de- termined. If it be be too large, it can- not fo well unite, if too little, it's in- fufficient to protect or provide for it felf, and fo falls under the protection of others. ka. o Tms Community Civil confidered ab- ftractively and antecedently to a form of Government not yet introduced; or upon and of a Community Civil, upon a diflblution of a former model, or upon a failure of Sueceflion in a time doth virtually contain a Supreme Power, and hath a Liberty and Right to determine upon what Form they pleafe, fo that it be good ; though it's true, that this Pow- er may be taken from them by a Potent Invader, or fome other way \ and here it is to be noted, that when a Form of Go- vernment is altered or diflblved, any Com* munity may remain, nay, under a Go- vernment it retains the nature of a Com- munity, as the matter and fubjecl: of the Common- wealth, wherein every Subject muft be confidered, firft, as Civis ^ a Member of the Community, before he can be conceived as fttbditus, a Member of the Common-wealth. This ftricter Af- fociation of a Multitude, to make a par- ticular Community, doth no way hinder their Society or Communion with other Communities, or with all Mankind upon the Earth fo far as is poflible, in things which may add unto their Happinefs. CHAP. *8 CHAP. III. Of an Ecclefiaftkal Community. Setf:- 1. TTftherto cf a Community in general, Ecckfiaft. _£x anc j of a Community Civil,that which Community.^ ^ Ecclefia [ tical follows . this in op . pofition to that which we call Temporal and Civil is Spiritual, and is fuch in refpedt of Religion •, for as there are matters of this life, which concern us as mortals with relation one unto another , fo there are matters of God, fpiritual, divine, and of a far higher allay ; there is no Nation or People , though rude and barbarous, but profefs fome Religion , by the obfervation whereof they acknowledge their depen- dance upon a fuperiour Power and Provi- dence far above that of mortal man \ vet many, contrary to the very light of Na- ture, either worshipped that which was not truly God , or with the true God a falfe Deity \ or the true God alone, without any certain rule and direction from Heaven, after the invention of men , or the fug- geftion of the Devil , of thefe there have been many Communities, which I will no further mention \ for thefe were never cal- led Churches, or the people of the livicfg God - , for the true Church is a Communi- ty of fuch as worfliip the true and living God, according to certain rules of Truth revealed Of a Community EcclefiaftkaL zo, revealed from Heaven, and now contained in the holy Scriptures. And thefe direct us to worfhip God , not only as Creator, but as Redeemer by Chrift : Such a kind of Society there hath been ever fince the Fall of Jdam^ and the firft promife of Chrift j and all thefe Societies of all places and all times might be called Chriftians, becaufe all the members thereof profefTed Faith in Chrift , either as to come, or al- ready come ; yet becaufe thefe Believers and Worfhippers of God the Redeemer began to be called Chriftians after Chrift's Exalfation at the right hand of God in the Apoftles times ; 1 intend principal- ly to fpeak of this Community Chriftian in the times of the New Teftament ^ therefore to pafs by the Churches before the Floud , and after till the time of Chrift's exaltation , I will confine my felf unto the Communities Chriftian in the latter and ftricter fenfe. Thefe things premifed i a Community Seft. 2. Ecclefiaftical is a Society of Chriftians in an immediate capacity to receive a form of fpiritual external Qovernment. The principal parts of this Chapter fhall be, 1. The explication of the Definition. 2. A Declaration of the manner how we become members of this Society. 3. The Deter- mination of the feveial and diftinct de- grees of thefe members. The firft thing in the Definition is the matter , and that as Chriftians : and especially in the ftricler 30 6fa Community EcclefiaflicaU fenfe. I do not fay it's a Society of Fa- milies , as formerly was expreiled in the Definition of a Civil Community. For though the Churches of Jerufalem, Antioch, Rome, Corinth, Ephefus, and other places* might in their feveral divifions and pre- cincts contain fome whole Families, and perhaps Vicinities Chriftian ; or becaufe their habitation was in the fame City or place , they might be called Vicinities , in which fence all particular Churches (hould be Vicinities : yet our Saviour tells us, that upon the preaching of the Gofpel, there mould follow fuch a divifion in Re- ligion , even in the fame Family : That . there fhould be five in one houfe divided , three againft two, and two againft three, Luke 1 2 . 5T2. So that there might be feveral Reli- gions profefled and exercifed in one Fami- ly, and the perfons of feveral Societies. Thus it is with us fince our unhappy divi- fions : for the Husband fometimes is of one Church, the Wife of a fecond, the Children of a third or fourth. Yet fome- times a whole Family might come in toge- ther : as the Nobleman or Ruler of Ca- pernaum believed and his whole houfe, John 4. 53. Lydta and her whole Houfhold were baptized at one time. The Jaylor and his whole Houfe believed , and was baptized the fame night, ASts 16. 33, 34. As in Families, fo much more in Vicinities, not only feveral, but alfo contrary Religions have been prattifed. So that the firft thing Of a Community Ecclefiaflkal 3 1 thing to be confidered in the Definition, is perfons as Christians. And here I might take occafion to enquire, Whether a Parifh may be a Congregation Chriftian , and a multitude of Parifhes in the fame Vici- nity may be a Community Spiritual , Mr. Hooker gives occafion of this enquiry. A Parifh may be confidered under a Civil or Ecclefiaftical Notion : Under a Civil, as firft made by a Power Civil, and alfo a ci- vil Society as a part of an allotment for civil ends, and under civil Officers. In an Ecclefiaftical action it's a Society and Body Politick Spiritual, appointed for \Vorfhip an d Difcipline. In which refpect it con fills as a Vicinity of fuch perfons as within the precincts thereof profefs the fame Religion, and joyn in the fame wor- fhip, have one and the fame Paftour or Pa- ftours, and ufualjy frequent the fame reli- gious Aflemblies. In this refpect, if either Jews, or Heathens, or Mahometans, or He- r cricks, or Pagans died within the fame Pre- cinct; , they are not of the fame Society, yet are bound to pay their Tythes for the maintenance of God's worihip in that place. And thefe Tythes, as determined by the civil Magiftrate, to be payed in that places, and to be recovered by civil Laws, may bs called a Lay-fee: but as they arc due to Chrift for to maintain the Gofpel and divine Worfhip , they come under another notion. Further , though the Paftour of fuch a Parifh may, as op- portunity -ix Of a Community Ecclefi j ftical. portunitv is offered and CKcaiiori requires, do Chrift fervice in other places, yet he is in a fpecial manner bound to that place, and not only to edifie the converted , but to convert the unconverted in that place. Seft. $' Becaufe any kind of perfons are not fit to be of this Sociecy, therefore thefe per- fons muft be Chriftians, and fuch as pro- fefs their Faith in Chrift, and in Chrift already exhibited and reigning in Heaven. If they be adult, they muft not believe, but profeis in their own perfons. And this profeflion muft be fuch. as a rational Chriftian may judge to beferious, as be- ing unable clearly to prove the contrary. The inward Faith mould be (incere , and the outward profeffion Ihould agree with it, yet it proves often otherwife. There- fore we find a Judas in the Colledge of Apoftles, a Simon Magus, a Detnas amongfl: Chriftians : for there hath been and will be tares amongfl: the wheat, and chaff on Chrift's floor, which none can feparate but he that hath his Fan in his Hand. And let no man doubt, but that fuch as Chrift and his Apoftles admitted and re- tained in the vifible Church till they were openly difcovercd , that man might judge of them , fuch we muft admit and retain, and may do it. "'"*' 4 i. As they muft he Chriftians, they muft bea Socl.ty of Chriftians, not fingle per- fons by thcmfelves. This implies there muft be a multitude. z. Att Of a Community Ectlefiaflical. 32 i. An union of this multitude. 3. A communion. Yet as the multitude muft be ' Chriftian , fo the, union and communion muft" be even in holy and ipiritual things. 1. They they muft be a multitude, yet not a little number or a few, as will appear af- terwards. The power and right of a Col- .ledge may be preferved in one, and exerci- fed in three ; and a fmall number may make a Family- fociety, yet here in this particular it is not fo. As there muft: be a multitude : fo, 2. They muft be united in a facred bond of Chriftian Religion. For, as in a na- tural , fo in a fpiritual political body, there muft be not only many members, but they muft: be all united in one to make up the body. This union as the civil, is not meerly from Vicinity of place ,. but front voluntary and free confent directed , not only by reafon", but the rules of God's Word :, for that muft; be united- not meer- ly as men , but as Chriftians. . This con- fent may be tacit or exprefs, and muft: make them one, not only when they make and affemble in one place, but when they are parted afunder. For by reafon of this bound , a Fraternity fpiritual: conti- nues amongft them. And the more fo- lemn, ■ferious , regular, deliberate and a- greeable to the Gofpel it mall be, the more effectual, comfortable, and laftrng it will prove. This union is not made either by Baptifm or profeflion, but rt prefuppo- feth both. And though it may be made by a free and voluntary confent, yet all' D Vicinl- 34 Of a Community Ecclefiaflical. Viciaitks of Chriitians, who by Divine Providence have an opportunity to affb- ciate, are by a Divine Precept bound to. unite and confenc to fuch an Union. And this Union is fo'firai, not becaufe of Man's Confcnt, but God's Precept and Iuftitution,' to which it (hall be conform- able. From this a multitude of Chrifti- ans become morally one Perfon fpiritu- al: and as fuch, may act and do many thing?. " And every particular Member of this Body is bound to feek the good of the whole and every part, and the good of this particular Society, more than of any other, though he mult en- deavour the good of all, fo far as God • mall enable him. Upon this Union there- fore follows a Communion. For as they all partake in all things and priviledges, and rights, which are common to all, fo they muft-communicate their Gifts, Cai'es, Labours, for t\\€ promoting of the ge- neral good of all, and particular good of every one. As by this Union they beeome one Perfon , fo they receive a Power and Ability to act as one Per- fon for the fpscial good of themfelves. Yet it doth not give them power to fe- parate either from the UniverfalGhurch ? or from other Communities in any thin God hath made Common, either to th Univerfal Church, or other particular Communities. Of a Cmwiunity Rcclefiiaflical. 3 $• By this time you underftand that a $eft. 5. Community Chriftian is a ibciety of Chri- ftians, yet this is not all: it mud be a Society of Chriftians fitted for and imme- diately capable of an external form of Government Spiritual, and the fame In- dependent. For in a Common- wealth of neceflity there muft be a Supreme and In* dependent Power, otherwife it hath not the Eflence and Being of a Common- wealth. Therefore in Politicks both Ci- vil and Ecclefiaftical, we fpeak of a Com- munity as it is actually the Subject of a form of Government, or fitted immedi- ately to be fuch, otherwife we fhall be heterogeneous, or at leaft exorbitant. Take notice therefore that this Com- munity is not a Civil Society, nor the Society of all Chriftians living at the fame time on the Earth, which mak? up the Body of the Church Univerfal or Vifible, as fubject to Chrift, nor of a Family, or Congregational , or any petty Chriftian Society, but of fuch a Society Chriftian as is immediately capable of an Indepen- dent Difcipline. . ■ 1. Though fome A6ls of Difcipline may by a Paternal Spiritual Power be performed, and fo likewife in a Congre- gation fome degrees of Power Ecclefia- ftical may refide and be exercifed, yet this is not fufficient to make them fuch a Society as we fpeak of. Di 3.1a 3 6 Of a Community Ecclefiajiical. 3. In this Community and Indepen- dent Power of Difcipline is virtually con tained. 4. This cannot be except it confift of fuch Members as are fit both to model a Common-wealth, and manage a fuprcme Power of the Keyes. 5:. This Community, before a form of Government be introduced, is but like a homogeneal or fimilar Body, and then becomes Organical, when it's the actual fubjecT: of a Common-wealth, and a for- mal vifible Polity- And befides the con- lent required to the constitution of a Com- ■ munity, there mull be another confent to make it a Politie : and the latter is di- ftinct and really different from the for- mer. For a multitude of Chriftians as fuch, are not the immediate matter of a Spiritual Vifible State, but a Community, and a fufficient Community, as fuch, is the fubject of this Political Form. 6. That Company of Chriftians which is not fufficiently furnifhed with Men of Gifts and Pans, and yet prefumes to fet up an Independent Judicature, muft heeds offend. For where God gives not fuffici- ent Ability, he gives not Authority. That every petty Congregation, which enjoys Word, Sacraments, MiniftTy have an en- tire, Intenfive, Independent, Judicative Power in it felf, and therefore may re- fufe to ahociate with others, is the opi- MD1 .Of a Community Ecclefiaftical. '37 nion of fome, which can hardly be pro- ved out of the Worjl of God. Thus I have explained the Definition SeQ. 6. and in the next place proceed to (hew the Original of this Community, and how particular Perfons become Members of the fame. Whether any are incorporat- ed by Election or Birth, yet both the Mat- ter and Form of this Society is from God. For we read in the Books of the New Teftament, that the frrit Original of Societies of Chriftians was this, 1. The Apoftles endued with the Holy Ghoft from above, preached, That Jefus of Nazareth was crucified at Jernfalem for our Sins, rofe again, was made Lord and King, and that Remiffion of Sins and Eternal Life was granted to all fuch as fhould repent and believe in him. Such as heard the Doctrine, believed it, pro- •fefTed their Faith, and promifed to live accordingly, were baptized, and fo ad- mitted as vilible Subjects of Chrift's King- dom. So they were made Chriftians , and remote materials of this Commu- nity. 2. When they were once multiplied fo as to make feveral Congregations for Worfhip, and there were found fit Men to be Paftours, Paftours were ordained and fet over the Flocks : and thefe be- came Societies for Chriflian Worfhip. 3. When there was a competent nurn- D 3 ber 38 ' Of a Gemmmiity EccUJujlical. ber of fuch in a Vicinity as were able to manage a Supreme Independent Povter, they aflfociated and combined together in one Body for to introduce a form of ex- ternal Government. If any after, they became a Community or a Politie, were converted within their precincts, and did manifcft his conversion fo far as man might judge of it, he was Baptiz- ed, and was admitted a Member of their Community. This was the manner of entring into and being incorporated in- to this Body. And now if any Pagans, Jews, Mahometans, by the Doctrine of the Gofpel be reduced to the Chriftian Faith, then they mult enter, in this man- ner they muft be admitted. This Afib- ciation and Incorporation is not from the Laws, Decrees, and meer confent of Men, but from the Power or Commandment and Inflitution of God, who requires- that fuch as are once made Chriftians, fhould Affociate, and that others in whofe Power it is, fhould admit them. Thefe are like Branches ingrafted, not Natural, but are made Members by Election. And whofoever is thus incorporated , he is firft made a Member of the Univerfal Church, and a Subject 'to God the Fa- ther, Son, and Holy Ghcft, before he can be a Member of any particular So- ciety. For he muft or necemty be firft a Chriftian before he can be a Member of Of .a (frxmrnyfy Ecdefiiftlcal. 39 of a Chriftian Society \ for the matter is before the form. If his Profcflion be imcere,* preferitly upon his converfion he is made a living member of Chfift, and an heir of Glory, far greater priviledgfs, than to be a vifible member ol any vilible fpiritual polity. And though there is a certain priority of Order, yet one and the fame perfon may be made a living mem- ber of Chrift, a member of a Chriftian Community, and of a viable fpiritual po- lity at one and the fame time. As there be ingrafted, fo there be natural Scft - 7- branches of thefe Communiies^ as well as A rd fj r of the great and Univerfal Society, forfuch children! there have been, and that by divine Ordi- right to nation ^ and never any yet could evidently Baptifine. prove out of Scripture, that this Law and Qrdinance, which made the Children part of the Parents, and one Perfon with them in matter of Religion, was abrogated or re- verfed to this day. Therefore Children born of Chriftian Parents, who were Mem- bers both of the univerfal and particular Communities, and not disfranchifed, are members of a Chriftian Community by birth at leaft in Charity •, and they muft needs be prefumptuous Di&atours, who exclude them. It's true, that Infants born of men as men, are men •, of fuch as are free, are free-, of fuch as are noble, are noble. And fofuch asareborn of Mahometans, are Mahometans ; and fuch as are born of Jews, are Jews j fuch as are born of Heathens are D 4 by 40 Of a Community Ecclefiaftical. by their birth Heathens, and aliens to the Common-wealth of the Chriftian Ifrael,and ftrangers from the Covenants of Promife, Eph. 2. ix. And fhall not fuch as are born of Chriftians be Chriftians ? That Covenant which God made with Abraham^ though accidentally different, is eifentially the fame with that of the Gofpel, as appears, Rom. 4. and Gal. 3. yet in that Covenant, God prom i fed to be a God to him and his feed after him, and this part of it which includes the Children with their Parents, mult needs remain in force, if there be no claufe «f exception in the new Te- ftament. if there be, Where is it ? As for the example and inftance from the Apo- ftles baptizing only fuch as profefled their faith. 1, It doth not follow that only fuch jperfons were baptifed, becaufe that none but fuch are exprefly named. 2. When its written, that whole Houfes were baptized, no wit of man can prove that hone of thefe were Infants. 3. Thofe exprefly men- tioned were adult, & ftti juris, fuch are not Children : and their Baptifm was but Matter of Facl:, not of Law.: (hall the children bw firft feminally and virtually in their Parents, then after extraction by Birth part of their Parents, and one per- fon wich them both by the Laws of God and Men, even fo far as they may be pu- nifhed for the fins of their Parents -, and fliali their Parents be bound for them, and they bound in their parents in matter of • ' Reli- Of a Community Ecclefiaftkal. 41 Religion ? And ftiall not Gods promife extend fo far as their Obligation ? furely it muft. This manner of Incorporation by * birth is from God, who, 1. by his Divine providence brings them forth into the light of the World within the bofom of the Church, fo that they are born* of Chri- ftian Parents, who are members of a Com- munity Chriftian ; and 2. From his In- -ftitution. For though an Infant mould be born of Chriftian Parents, Members of a Chriftian Community, yet hecouldnotbe a Chriftian, and have any priviledge fpiri- ttral, except it had been God's will and pleafure to account and judge him to be luch. For its the Decree, the Promife, the Covenant of God that makes him a Chri- ftian. For as born of his immediate Parents? or by them of Adam, or of them as godly or ungodly, he cannot be a Member of the Church. And to be fo, is not to have actual Faith, or to be juftified and fan- ctified as believers at age, but to have a right unto the promife, which no Hea- then or any other born out of the Church can have- And as part of his Parents and included in the Covenant by the will of God, he hath this priviledge. The Promife (faith Ptter) is to yon and your Children, and to all afar off, even to as many as the Lord our Cod jhall call, Acts 2. 39. where obferve, that the promife was not only to them at age, but alfo to their Chil- dren. Again, Tot* are the Children of the frophetj. 4^ Of a Commnnity Ecclejiaftical. Prophets , and of the Covenant , which God made with our fathers^ faying unto Abraham, In thy fed fjall all the Nations of the earth be blejJed y A€ts $.2$. Where note : i. That the Covenant was concerning everlafting blils by Chrift the feed of Abraham. 2. Thai this Covenant includes all Nations , not only Jews but Gentiles. 3. That this is the Covenant of the Gofpd for fubftance. 4. That the prefent Jews were within this Covenant by birch , and that both for the obligation to duty> and the right unto the promife. For they were the children of the Prophets and of the Covenant , which neither the Heathens, nor their children could be before they were called, and their children in them. From all this it ap- pears , how the Original of thefe Com- munities are from God ^ for He 1. makes them Chriftians. 2, Multiplies them in the fame Vicinity. 3- Inclines their .hearts to aflbciate, and ftirs up fome eminent perfons to motion and endeavour the aflb- ciation. 4. By his Divine providence brings fome into the world in the bofom of the Church , and includes by his gracious Co- venant Infants with their Parents in this fpiritual Society. & 8 After the Explication of the Definition, ' ' the Declaration of the Original of thefe Societies, it remains we confider the de- grees and diftinction of the members. For though the Community, in refpect of a Form of ontward Government, be an ho- # mogenical Of a Community EccIefiafikaL 43 mogenkal body , yet confidered in it felf, and in the qualities of the feveral mem- . • bers, there is ^an imparity, and fomething qrganical in it. For they are fo qualified, and the gifts of God fo varioufly difpofed in them , that they are feveral ways dif- pofed for to contribute according to their feveral graces, fomething to the benefit of the whole and one another. This the Apoftle makes clear, 1 Cor. 11. and 14. Chap. Thefe diftin&ions and degrees are like thofe in the members of civil Society. For , 1 . Some are virtualitcr & diminute cives^ incompleat members , as women, children, and many weak Chriftians. 2. Some are fo gifted and qualified , as they are fie to ad and give fuffrage in bu- fmefs which concerns the whole. Thefe are formaliter cives^ compleat members. 3. Some are endued with more than or- dinary knowledge , wifdom, grace above the reft, and moft fit to introduce a form of Government , and aft in the higheft bufinefles of Adminiftration. Thefe are emimnter cives, eminently members. Such as being members of another Church, and yet fojourn or inhabit in a Community diftant from their own, before they are incorporate, though upon Certificate and Letters communicatory, they may partake infacris, yet they are but ditninute cives-, members incompleat and for a time. For, . as fuch , they can have no vote or fuffrage of any power in things publick. They may 44 Of a C ommm 'tty Ecclefiaflkal. may indeed advife and declare their mind, and their counfel may be liked and ac- cepted. tf.Q. This Community Ecclefiaftical hath the fame infeparable adjuncts with the civil, except propriety of goods, which they have in another refpeft. For the mem- bers have liberty and equality , and an immediate capacity of a form of Govern- ment. For, i. They are free from any fubjectton either to any other Communi- ties, or one unto another , till a form of Government and Difcipline be fetled. Yet they arc fubjecl: to Chrift as the Head of the univerfal Church vifible : fubjecl: to God as fupream Lord ; fubjecl: to their Pa- ftours,if they have any. For they are com- manded to obey them,who rule over them, and to fubmit unto them,e^c. Heb. 13. 17. For Minifters are Officers and Reprefen- tatives of Chrift, and therefore muft needs have power in foro intexiori & confcienti£, as the Schoolmen fpeak. Yet Minifters, as Minifters , have no power of the Keys in foro exteriori*: they, are only eminent members of the Community , otherwile the Government external 6f the feveral Congregations in one Community mould be purely Ariftocratical in them, and Mo- narchical in a fingle Congregation. 2. They are equal as members of a « Community in refpecl: of Power and Go- vernment, which is not yet introduced, or at leaft confidered as not actually brought in, Of a Community Ecclefiafticat. 4^ in , they cannot command or judge one another : neither can the whole fentence any fingle member. For that were to act as a Common-wealth, which as yet is not. 3. The whole is in an immediate capa- city to form a Government, as you heard before. This* may be done immediately by the eminent and compleat members, or by a delegation of a power of model- ling the Government by a few of the principal , and fit for fuch a work , and afterwards approved and ratified by all. And though the general Rules of Difci- pline are plainly delivered in the Scri- . ptures ; yet few will underftand them, or apply them right, and it's an hard thing to abolifh the corruptions of former Go- vernments •, fo that many times a Difci- pline is fetled and perfected only by de- grees and in a long time : Not only the vHs'ttt hin- conftitution, but a reformation of a Church ders Re r meets with many difficulties. One reafon J ormatm - is, there is fo little of Chriftianity in many, and none in fome, that yet profefs their Faith in Chrift, which either tney do not underftand, or refufe to practife. This hath given occafion to fome to gather Churches out of Churches, and to feparate. How juftly or wifely this hath been done, iomething may be faid hereafter. CHAP. 4* CHAP. IV. Of a Common-wealth in general, and Power Civil. Seft. i. *Tp H E fabjeft of a Common-wealth be- A ing a Community, which x is twofold, Civil and Ecclefiaftical. It remains , and order requireth , that I fay fomething of a Common- wealth. You heard before that the fubject adequate of Politicks, was a State or Common-wealth , and that the parts of this Act are two: i. The Constitu- tion. 2. The Adminiftration. The Con- ftitution , as you may remember , is the firft part of Politicks, whereby an order of Superiority and Subjection is fetled in a Community ^ wherein three things were principally to be examined : I. What a Community in general, i. What a Com- munity civil. 3. What a Community Ec- clefiaftical is : and all this is done. There- fore to proceed, obferve, that a Commu- nity is like a matter without form in re- fpecl: of fomething that it muft receive, A Commit- yet a matter and a fubject difpofed and 48 mty formed ptoxima potent ia to receive a form toper- UaCom- feetit: and this form is that we call a /w3«»>^///j. Common-wealth, a Polity, a State, where- in we may obferve four things. 1. Thae it is an order. 2. An order of fuperiori- ty and -fubjcction : this is the general na- ture Of a Common-wealth in general. 47 ture oi it. 3. An order of fuperiority and fubjection in a Community. 4. Such an order tending to the peace and happinefs of a Community. 1. It's t*1;is an Order, or as fome underftand the Philofopher (an Ordination) which is a difpofing of things in their proper place. For as the learned Father obferves? Ordo efl farium difyarium- De C. D. que rerurn fai cuiq; loca tribnens diftojitio.™' l ? m It's inter phtra, which may be equal or un- ca ^' equal. For there may be an order of Prio- ricy and Pofteriority in time or place a- mongft equals. Therefore, 2. It's an or- der of Superiority and Subjection in re- fpect of Power. Yet, 3. Becaufe there is a fuperiority and fubjecftion in a Family, a Colledge , a Corporation , therefore it's an order of fuperiority and fubjedtion in a Community , whether civil or Ecclefiafti- cal. 4. Becaufe -there may be fuch an order in a Comrrranicy of wicked men and Devils, if that might be called a Commu- nity , where the AfTdciation is. unjuft , as properly it cannot r therefore it rriuft be fuch an order as tends and conduceth di- • redly to the peace and happinefs of the Community. This ah unjuft order can- not do. To underitand'this the better, you mull: know that all Communities fpiritual and. temporal are grounded upon that Commandment of God , Love thy Neiah- Neighbor bour as thy felf : where that word Neigh- a m . tion °f bour may fignifle indeed a fingle perfon, Soclet ^ yet it includes a notion of fociety : and the 48 Of a Common-wealth in general, the Hebrew word HJTl fignifies Soring This Neighbour therefore is either a fingle per- fon, yet as a Society , or collective as in a Family , Kindred, Congregation , Cor- poration,Comraunity.This Love is the true caufeof all aflbciation, and is the fpecial duty of all parties aflbciated. A Com- mon-wealth is grounded upon a branch of that great Love, the fifth Command- ment, which prefuppofing fuperiorky and fubjection , in refpect of power, requires certain duties of the parties fuperior and fubjeet both in a greater and leter fociety. And becaufe thefe duties cannot be perfor- med in great Societies, except this Order be fetled, therefore by that Command- ment all Communities are bound ^ fo far as they are able, to erect a form of Go- vernment. In which refpect Politicks are from God , not only allowing and appro- ving them , nor meedy as enabling men, but commanding them enabled to eftablifh * and preferve them eftabliflied, for the bet- * ter manifeftation of his glory and their own greater good temporal and fpiritual. From hence it's evident, that Politicks « both civil and Ecclefiaftical belong unto Theology , and are but a branch of the , fame. Sett. 2. In this Common-wealth two things are molt worthy our confideration. 1. The Superiority., 2. Subjection : for it con- lifts of two parts, Which' mtd Tower Civil. 49 flmptrans 1 , CSoveraign Which ^\^ bdim j^Subjea;. And becaufe the Soveraign is-^Ecclefiaftical I will begin with the Civil , and fo pro- ceed to the Ecclefiaftical. And feeing that Imferans the Soveraign, is a concrete,- and {Power, Subject of this Power. 1 will firft lf>eak of Power , then of the Subject of this Power. The Power muft be confidered what it isinj General, Special. In refpecT: of the Subject , I will declare the manner how it is^^^ This is the Method which I intend to obferve, and wherewith I acquaint the Reader. My obfervation of it will make the Difcourle more clear and diftinct. The Readers knowledge of it will help both his underftanding and his memory. Su-a 50 Of a CcmMon-wealtb in general, Parsimperais, [he Soveraign civil, which is the firft part of a Common-wealth, is one invelted with Majefty civil. Where cbferve, >. That it is a part of a Politie, and that's the general nature of it : and is an eflential or integral part, which to- gether with the Subject gives eflence to the State, and conftirutes it in being and exi- gence. 2. Its the firft part : for though as fuperiority and fubjection, and fo So- veraign and Subjects are Relates, and in that refpect fimultaneons -, yet the Sove- raign is not only the firft in dignity, but in fome fort by origination, if not as a caufe.. For as paternity in fome refpect is before filiation, fo it is in this particular. For fubjection doth rather follow upon Soveraignty , than the contrary. And therefore in molding a State^ they firft determine upon a Soveraign, whereupon inftantly and at the fame time follows without any thing intervening, fubjection. 3. This party that is Soveraign isinvefted I with Majefty Civil. Where we have two things. 1. Majefty an adjunct.* x. The fubjection invefted with-it. And as Power is the very eflence of a Superiour, fo Ma- jefty is of a Soveraign. Ada j eft as eft maxima in civitate fit eft as •, Majefty is the greateft power in a Commu- nity, i.ltspoteftas^ Power. 2. Maxim 1 in civitate, Pot eft as eft Jus Imperimdi, power is a right ,to govern. It's Jus a Right, and and Power Civil. ?% and in it felf is always juft, and is from fome propriety, and as the abfblute propriety , fo the abfolute power of all things is from God, and there is no power but derived from him. It's not Phyfical but Moral , and fo nomen juris y and may be confidered as a faculty or habit, • which qualifies the Subject to do fomething which one that hath no power cannot do. The proper act of it is to Govern, and in Governing to Command, fo as to bind the party fubject to obedience or punifh- ment. This Imferium or Command is an act of the Will, and prefuppofeth fome adl: of the Underftanding, and muft needs be ineffectual, and in vain without a fuffi- cient coactive force. And becaufe the Un- derftanding may be ignorant or erroneous, the Will unjuft, the coactive force act accordingly : therefore the underftanding of a Superiour as fuch, ought to be di- rected by Wifdom, his commanding Will by Juftice, and his Executive force by both. And that act of Power which is not thus directed is not properly an act of Power* nor any fuch Command of the Jewijh Ru- lers , when it was devoid both of Wifdom and Juftice, and it was fo much the more invalid, becaufe contrary to an exprefs command of a Superiour Lord and Mafter even Jefus Chrift. This Power is an Ex- cellency, and makes the party invefted with it like unto God: and the greater it is, the greater the excellency of him that E 2 hath ya Of a Commonwealth in general, hath it ; Though it is in it felf good and juft, as being from God ., or rather the power of God in the creature intellectual, yet it may be exercifed either too little or too much. For one that is invefted with it may do lefs or more than his power doth warrant him ^ nay, he may act contrary to the Rules of divine Wifdoin and Juftice. And fuch is the imperfection of man, that there is no perfect Government in the world, but that God,^oth fupply all de- fects and aberrations. For the Judge of all the World will do right j and in the final Judgment will compleat all Juftice, and re- ward every man according to his works> fo that nothing in any perfon, Man or An- gel, but mall be judged. Seft. 5. This is Power in general,and may be di- ftinguifhed many ways, as into the Power of God, or Angels, or of men. Here we fpeak of the power of men , which is the power of a Father , or a Mailer , or an Officer of peace or war by Sea or Land. Again, it's Civil, Ecclefiaftical, and both fupream or fubordinate. The fubject now in hand is Majefty Civil, which is the gteateft power in a Civil Community j the power of a Sovereign, whereby he is able to bind the whole Community and eve- ry Member thereof. It's an act of the publick and univerfal Will , directed by the univerfal Judgment, made effectual by the univerfal and general coactive force : and all this is done according to the Rules o€ and Power Civil. r; of Juftice and Wifdom. And that the beft, wifeft'and molt juft , are moft fit to govern. To know it the better, we muft confider, i. The principal and feveral kinds of ads. 2. The qualities of it : the particular acts of this power in one Com- munity are numberlefs , yet all reducible to One. And that is the wife and juft Government and ordering of the Commu- nity : yet this is divided and fubdivided by the Authors of Politicks. And the fe- veral Branches of this Power, are called Jura Majeftatis-, Pr&rogati'Va-, Regalia , 6Yc. The diftinction of thefe Rights, are made according to the feveral acl;s of Majefty converfant about feveral different Objects, and according to the diversification of the Objects, is the diverfity and difference of thefe Rights. I might here relate both the number and the method of thefe Rights of Majefty, as delivered by AngtUcw, Bo- din-, Clapmariits, Grotius y Bifoldits, Amif&us, and others , if it were either needful or ufeful. The Civilians , and fometirnes, though feldom, the Cafuifis mention them. Yet hardly two of them agree either in the method, or the number, or the particular names of them. Yet not to neglect them all, attend how jei 6. handfomly and briefly Grotius reduce th them, to a certain Order. E 3 Qui 54- Of a Common-wealth in general. Qui rtgit ti- •vttatemtam* rigit per \fi circa < *univerfaliain Itgibm f condendis I ( abolcndit finguUri* ( aclionei J ^ £ pacii "public a circa Btlti fpublica circa J ) U ,. f magiftratm altos < ^ 1 c »ratorcs A Pr i vata a d publicum ordi- Jnata, *ju* funt rt\ inter / privatas quas dtrimi opor- \^ ttt propter paccm. vtiligalia dominium emintnx Yet this is far fhort of fome others, and indeed no ways accurate. The Civi- lians, fome of them reduce them into Or- der, according to the feveral ads of this power, which are BifoUns doth diftinguifh of Majefty, and informs us, i Majefy in R ea i j n t h e p eo ple, perfonally in the rt/ftc Prince ' He underftands b y the Peo P!. e the c ' Community : and under God, that is the primary fubjecl: of it, wherein it virtually refides, and out of which by the conftitu- fcion and Tomer Civil. ^ tion k is educed. It hath power to form a State, where there is none, and if after a form once introduced, the Order be noc good, they may alter it : What the Rights of psrfonal Majefly is, he tells us, but what thole of real Soveraigaty be, he faith no- thing : Majefty fo naturally belongs unto the Community, that upon a failer of fuc- cellion, or a diflblution it divolvesto them: and that People is- not wife, which parts wholly with it, and abfolutely alienates it, as the Romans are faid Lege Regia to have done, if neceflity or fome very weighty caufe required it not. We might in this particular cxpecT: Sort. 7. much from Ami feus, who hathcompofed a whole Treatifeof this fubject, in which he inform?, 1. Of the name. 2. Of the nature of Majefty. Fori. The name may be given to iiich as have nothing of the thing, and fa be a meer Title. 2. It may fignifie Dignity or Honour without any Power. The nature of it confifts in Power, which hath feveral branches, concerning which he relates the Opinion and Judg- ment of the Ph'lofopher of ffifmknr % of the writers of Politicks, of Lawyers, and in the end delivers his own mind, and reduced them to certain Heads : in this manner. E 4 Jura $6 Of a Commonwealth in general, sDefenfioms iGubernationis inQ Legibus cot* Jura m(t)e-J j dendis ftatis funt ~\ Minor a de trarw colli-*} Magjfiratibus 'gendo C conjiituendis. The firft divifion is taken from the in- equality of thefe Prerogatives and Rights.- The fecond he fcems to ground upon thefe words— That our King may judge us, and go out before us, and fight our Battels, 1 Sam. 8. 20. Where to Judge, feems to fignifie to Govern by Law, and Officers : to go out before us and fight our Battels, prefuppoieth in his Judgment the power of the Militia. To thefe he adds other two, concerning the ordering of Religion, and Coining of Money. Under thefe ge- neral Heads, he reduceth many other par- ticulars : and fo proceeds to handle, i. the greater, 2. The lefs Prerogatives fe- verally, and that largely. This, with the falving of fome doubts, and confuting fome Errours, is the Scheme and fubftance of the whole Treatife, divided into three ieveral Books. Seft. 8. Leaving every one to his own method, I will, with fubmiffion to better Judgment, make bold to deliver my own . Majeftas and Power Civil. $y 'Realis, qu£ poteftrConjlituere rempnblicam yabolere Majeftas) % ^ < mu tare ^ /» r r s* Creformare ' Per Jonahs qu&H J agit cum \ exteris 5 Per J Bella \Pace Foedera m Legal tones juts area £ divina religlonem ordinandi bumana $ ferendo leges \ exequendo This, though not exact, may ferve the turn, and in fome meafure declare the fe- veral branches of this great Power, which in it felf is but one, yet hath many acts, and the fame different, in refpect of feveral and different Objects and Subjects. I only mention the chief Heads, to which the reft may be reduced, for the better and more diftinct underftanding of it : 1 will more particularly explain my felf. i. Therefore C Reall Majefty is \ Perfonal. Real Ma- Real is in the Community, and is greater jejh great- than Perfonal, which is the power of a er than . Common- wealth already conftituted. For, Per )° nal ' as you have heard before, this form of a Common-wealth is virtually in it before it be conftituted, and their confent is the Very 5" 8 Of a Common-wealth in general, very foundation of it. And this confent whether mediate or immediate, tacit or exprefs, is fo neceflary, that though a peo- ple be conquered, yet the Victor cannot govern them as men without their confent : Nay more, when God defigned immedi- ately, firft Saul y then David, yet the e- . lection and confent of the people did con- cur with and follow upon the Divine De- fignation. As this Real Majefty is a Power to model a State, fo its always inherent and can never be feparated j infomucb, that when a form of Government is dif- folved, or there fhall be a failer of Suc- ceffion, the Power of the Soveraign doth divolve unto them by the law of nature, or rather it was always in the people. As this Community hath the power of confti- tution, fo it hath of diflblution, when there fhall be a juft and neceflary caufc. Hence appears the rniftake of Junius, Bru- tus, Buchanon, Heno^ and others : when they fay, Ejus eft deftituere r Cujus eft con- ftituere, if they meant is or the multitude Buchanon an£ * ^°^ °^ tne SuD J e & s i *s Subjects under Hezio. a form of Government, it can only be true of a Community where they have jnft and neceflary caufe. Subjects as Subjects cannot do it, becaufe of their Subjection and Obligation, whereas the Community as a Community is free from any Obli- gation to any particular Form, either from the Laws of God, Natural or Po- litive > or from their own Confent or Oaths : and Fovoet Civil. 59 Oaths: And though the People in this confideratkm are bound both by the Na- tural and Pofitive Laws of God to con- ftitute a Government, if they can, yet they are not bound to this Form or that. Another Ad of this Majefty in the Com- munity is, when they fee it neceflary and juft, and they have not only Power but Opportunity to do it, to alter the Form of the Government : this Act as with us, is above the Power of a Parliament, which may have Perfonal, yet cannot have this Real Majefty. For a Parliament doth ne- A Par /j a , ceflarily prefuppofe a Form of Govern- mentcamlt ment already agreed upon, whereby they alter a are made the Subject of Perfonal Sove- f rm °f raignity. Therefore they cannot aker or Ooierr -' take away the caufe whereby they have mnU their being, nor can they meddle with the fundamental Laws of the Gonftitution, which if it once ceafe, they ceafe to be a Parliament. If the Government be dif- folved, and the Community yet remains united, the People may make ufe of fuch an Aflembly as a Parliament, to al- ter the former Government, and confti- tute a new ^ but this' they cannot do as a Parliament, but confidered under ano- ther Notion, as an immediate Reprefen- tative of a Community, not of a Com- mon-wealth, And thus confidered, the Aflembly may conftitute a Government, which as a Parliament cannot do. which aiways prefuppofing the Cpnftitution, as fucb, 6i Of a Commonwealth in general fuch , can act only in and for the admi- niftration. That Community is wife which A happy ^ doth , and happy which can keep their Community. M a j e fty f d ue unto them, as to limit their perfonal Soveraigns-, fo as not to fuffer them to take it from them, and af- fume it to themfelves. Sea. 9. As there is 3 real, fo there is a per- Majefly fonal Majefty, fo called, becaufe it's fix- FerjonaL ec j j n f ome Perfons who are trufted with the exercife of it, and may, and many times do forfeit to God, and in fome cafes forfeit to the Community or the Peo- ple for when it is faid it may be for- feited to the People : we muft underftand, that the People is not Plebs, the meaneft and the loweft rank, and but a part of the Community, but the whole Commu- nity it felf as a Community, otherwife, we may lay the Foundation of all kinds of Tumults, Confufions, Seditions, and Rebellions. The Perfon or Perfons trufted with the Majefty and Power, are bound to feek the good of the whole People, and for that end they are trufted with it, and no otherwife. Hence the faying, Supre- Atls of ma lex fdus populi efto. The Acts of this Perfonal Power, which it hath a right to exercife, Ma $ iy h ' are many, and that in refpect of thofe \. without. w j thout ^ or t h f c within the Common- wealth. For agit cum experts, it dealeth and acteth with thofe without. This is not the firft, but rather the laft kind of acting. It arifeth from the relation which it / and Power Civil. 6} it hath to other States, with which it may have fome fociety , though it hath no dependance upon it. The Rules of this Acting, as it refpects themfelves and the States with whom they deal, are the Laws 'of Nations. Yet the particular Laws of i every feveral State may determine the Rules, according to which it will act with, or againft another State. Becaufe one State may wrong, or benefit, or ftreng- then and help another: hence it comes to pafs that fometimes there is a caufe of War, For when by AmbaflTadours or o- ther Agents, the State wronged demands fatisfaction or Juftice, and cannot be heard, then there remains no way but to hazard a War, and defer the caufe to God to de- cide it by the Iflue, which he (hall give. Sometimes a State may be unjuftly inva- ded , in which cafe there is no remedy but a defensive War. i. To judge and determine of this War, whether ofFenfive or defenfive, to have the chief Command, to grant Commiflions, to Prefs Men, pro- vide for Arms and Money, to denounce and proclaim the War by Heralds, belongs unto the Soveraign, who is trufted with this Militia, not only againft foreign States, but againft Seditious and Rebellious Sub- jects. 2. After a War begun and conti- nued, a Peace may be concluded, and this is another Act of Majefty Perfonal. 3. Be- caufe one State may ftrengthen, help, and benefit anotfeer, hence Leagues of Peace and 6z Of a Common-wealth in general, and Amity •, and alfo for mutual offence or defence, or for Protection, or for Com- merce. Yet none of thefe are valid by the very Law of Nations, but as made, concluded, continued by the fupream Pow- » ers Perfonal. 4. The Soveraigns of feve- ral States cannot in their own Perfons, ex- cept very rarely, meet together and aft perfonally face to face one with another, neither is it convenient or expedient fo to do. Therefore a way and means dictat- ed by the light of Nature hath been in- vented to act by others, who are their Deputies and Reprefentatives, and thefe are called Ambafladours. To fend thefe, whether ordinary or extraordinary, and to give them Power and Commidions, with lnftructions and Letters Credential, that their Acts may be valid, is the right of Majefty Perfonal. To this Head may be referred the fending of Heralds and A- gents or Envoyes. This perfonal Majefty and Soveraignty Seft. 10. a ^ s within the Common-wealth, and with Within ' the Subjects as Subjects. With thefe it acts, 1. In matters of Religion. For Ma- qiftraim eft cuftos utriufque tabula, where by Magiftrate, wc mull not underitand Of- ficers, but fupream Governours, as the word is taken largely by many Authors, efpecially fuch as profefs Theology. For Soveraigns jt j s the q^ as ic [ s t fo Right of Civil Tuners '/Sovereigns to order matters of Religion, Religion, and that in the firft place, fo far as it tends And Tower Civil. 63 tends unto or concerns the peace and happinefs of a State, which depends much upon the eftablifhment, profeffion and pra- ctice thereof. As they muft order it, fo they muft not only conftantly and fincere^ ly profefs, practife it themfelves, but as So- veraigns protect and defend their Sub- jects in the profeffion and exercife of the fame, fo far as their coactive-force and Sword may juftly do it. This fliould be their firft and principal Work, which they (hould do, not onely for the good of the people, but their own happinefs, fuccefs and eftablifhment in the Throne. They are not to aflbciate as Prieftsor Presbyters^nor arrogate the power of making Canons, Or- dination, Excommunication, Abfolution, and fuch like Acts, which arc purely fpi- ritual, yet they may make Civil Laws con- cerning thofe things, and execute the fame, and alio ratifie by Civil Acts the Eeclefia- ftical Canons •, and punithfuchas mail vio- late the fame. Yet this right doth pre- luppofe the Religion, which they eftablilh and maintain to be true and inflituted from Heaven. It's true, that the confcien- ces of men are fubject only unto God, and to him alone are they anfwerable for their fecret thoughts and opinions, which men can have no certain cognifance of. Yet if they broach errours in Reli- gion , and blafphemies, and feek by com- municating them by word, or writing ro feduce, pervert , infect oihers , they di- fturb 66 Of a Common-wealth in general fturb the peace of the State, offend God, and bring Gods Judgements from Heaven upon themfelves, who are guilty of fuch fins, and upon the Soveraign and the fub- ject of that State where they live. And in this cafe, thougfuhe confciences cannot be forced, yet their eftates, perfons, lives, are liable to the fword, and, in that ref- pect they may and ought to be punifhed by the fword of Juftice. This is lb a Right of Civil Soveraigns, that we never read of any State of civilized people with- out Lawes concerning Religion and the worfhip of a Deity. I confefs, this branch of civil Power is not rightly placed, nor is the method exact , becaufe it comes in under the Heads of Legiflation and Ju- rifdiction, the matter of both which are Religion, mens, perfons, eftates , and lives. Sea. ii. After matters of Religion, which are more fpirituai and divine , follow fuch as civil mat- are temporal and humane. Concerning ters ' thefe we have two acts of Majefti'e. i . Le- giflation. z. Execution of Laws made, hence thefe two, Jura Majeftatis. i. A right to make Laws. 2. A right to exe- cute them. This Power of making Laws is the principal and molt neceflary, and doth infeparably adhere unto the Soveraign once conftituted. It was JcthrcPs connfd to Mofes , which with Gods approbation, he followed, to teach the ptople Laws, that all Subjects and Officers might know thetf and Tower Civil. 67 their work and duty, and the Rule which rauft direct them in all actions of Officers and fubjects as fiich, this was Gods order. For, after that he became their Soyeraiso, and the people of Jfrael his fubjects , lie proceeds to make Lawes Moral, Ceremo- nial , Judicial , yet the perfonal Soveraign hath no power to make fundamental Laws concerning the conftitution, but only for the administration. This our Parliaments, if rightly conftituted and duly acting for the publick good , I honour as much as any man, may take notice of. Yet I may not prefume to teach them, much lefs cor- rect them. This Power is given by the content of the people in the conftitution, who upon their fubmifllon become their Soveraigns fubjects, and are bound there- upon , either to obey his Lawes once made 7 or fufifer. This is not meerly a Power to teach and direct them , but to bind them. To this Head, are brought the Power of repealing , interpreting, altering Lawes , with Difpenfations, Re- fervations, naturalizing, granting Privi- ledges, conferring tteours, founding Col- ledges and Corporations, Legitimation, reftoring the blood tainted , and all acts of Grace, as giving immunities , exemp- tions , tolerations , indulgences, acts of - Oblivion. After Legislation follows Execution ? 5^ ,2, F wnicJii 68 Of a Common'wealtb in general which Hi this place is not the execution of the judges Sentence, for that follows as a d'ftinft aft of jurifdiftion. This right of Majefty is of far greater latitude, and reacheth all afts that tend to the execu- tion of the Laws, which are in vain, if not put in execution. And becaufe this cannot be done without Officers and Judg- ment, therefore this comprehends under it The rieht off ma ^ in S Officers. ° \ adminiitration of Juftice. The making of Officers, as without which the Laws cannot be put in execu- tion, is the firfl: of thefe two. By Offi- cers, I underftand all fuch as are uled by the Soveraign , for to put in practice the Law , and perform any pubiick aft. Thefe may be either ordinary or extraor- dinary , temporary , or Handing ^ for Peace or War , for to deal with for- riegn States. Such are all Diftatours, Viceroyes, Regents, Treafurers,- Coun- fellours , Judges , Sheriffs , Conftables, Captains and Commanders by fea or land, in time of Peace or Warre. To thefe may be referred Heralds , Ambafladours, pubiick Agents, with the reft , which fhatl be mentioned in the fecond Book of this Treadle. And becaufe he is no Officer, which hath not fome pubiick power , and this he cannot have of and from himfelf, therefore And Tower Civil. 69 therefore all Officers are made fuch by the Soveraign ; x who by granting Com- miflions, and other, wayes derives their power unto them. And as he gives them power, fo he may remove them, and re- voke their power, or tranflate them, or call them to account. To chufe, no- minate, propofe them, may be an ad of the people or fome of them , yet to con- ftitute them and give them their political being, is an act of Majeftie , either me- diate or immediate. - And becaufe the perfonal Soveraign and his Officers cannot do their duty and difcharge their places without fufficient maintenance , therefore in this refpect , there is a right to com- mand the purfe. For , as they fay \ he that bears the fword, muft have the purfe. And, if there be not a fufficient ftanding Revenue and Treafury determined in the conftitution , the Soveraign mufl: have a power to raife monies to defray the pub- lick neceflary charges. Hence, that Vni- verftle ofr eminens dominium of Majefty in every State, fo much mentioned in the Authors of Politicks. ' The reafou of this is clear in the very light of nature, that the people maintain their Governours, becaufe the benefit of the Government re- dounds unto them , according to that of the Apoftle , For this canfe fay yon tribute alfo , for they are Gods Minifters , attend- ing continually upon this very thing. Render F 2 therefore 70 Of a Common-wealth in general therefore to all their dues , tribute to whom tribute is due, cttfiom to whom cujtom, Rom. 13. 6, 7. It's true, that Soveraigns may have their private purfe : therefore fome diftinguiih , inter ararinm & fifcum. irfrarmm is the publick Treafury , which is maintained by Tribute, Cuftom and other Impofitions : and this is to be raifed and difpofed of by the fupream for the pre- fer vation of the publick. Fifcus, as fome tell, is the Soveraigns private purfe, whereof he may difpofe at will and plea- fure. This publick propriety prefuppofeth every mans feveral propriety , and no wayes prejudice it. This right is reckon- ed by fome amongit the leffer Preroga- tives, but there can be no minora Jura Ma- jeft-atis in proper fenfe. For , becaufe Majeftas is Maxima fotefias , therefore all the eflential parts and rights are fo too. The laft is the Power of Jurifdiftion, Scft. 13. whereby Jufttce is adminiftred : audit's over all perfons in all caufes both Military, Civil, and Ecclefiaftical , fo far as they fall under the Soveraigns cognifance. Un- der this Head 1 comprehend, not only the power of thole ads of Judgement , more ftridly fo called ~ as Convention, Difcuf- fion, Decilion of the caufe upon evidence of ths merit or demerir, but the Execution. Tj which lalt, may be referred all pe- nalties and Power Civil. 71 nalties as well capital as not capital, with Difpenfations in Judgement , fufpenfion of Execution , pardons. To this of Jurifdi- ction alfo belongs all refervations of cer- tain caufes •* the receiving laft appeals, the final determinations, and irrevocable fentences. By vertue of this Power, Com- miffions for judicial j/roceedings , Courts, the order of criaT from firft to laft , all calling of Aflemblies general and provinci- al, Civil and Ecclefiaftical, are determined. From all this it's evident , that all Jura Majeftatis may be reduced to the Legifla- tive, Judicial, and Executive Power, if we underftand Judicial , and Executive in a larger fenfe, than they are common- ly taken. And here it's to be noted, that Majefty Real is before and above all Ma- jefty perfonal. And by perfonal Majefty or perfonal Soveraign, I do not mean only one fingle perfon as a Monarch, but all Ariftocratical and Polyarchical Soveraigns, who are many Phyfically, but considered as one perfon morally, as joyntly inve- fted with one Power Soveraign. Thus far concerning the nature of Ma-Scft. 14. jefty , after which follow ibme Epithets < giyen to Majefty by Authors, tofignifiethe Properties properties thereof. Thefe are either in-°/^ e -^' eluded in the eflence, or flow from it. For 1. It's abfolute and fo Arbitrary, Ab- folute, folata kgibus. It cannot be bound F 3 by 7* Of a Common-wealth in general by any Lawes , nor judged, becaufe the Soveraign is the Lawgiver himfelf , and the Fountain of Jurifdiction. He may bind himfelf by Oath to govern , and judge according to the Lawes, not to be governed or judged by the Lawes. Yet no Soveraign perfonal is free from the Obligation of the » natural and pofitive Lawes of God in force : and how far he is inferiour to the real Soveraign, who is fubject to the fame Lawes ; I will not here difcufs. 2. It's univerfal , not only in refpect of all ads of Government, but of all perfons within that Territory. For it muft be coadequate to the whole body, which it muft ad and animate, it's neither greater nor lefs.No perfons,things or actions within, can be exempted from this Power, nor can it extend to any thing, perfon, action without, but per Accidtns. 3. Its fupream, not in refpect of God, nor of the power of other States, but in refpect of the power of Fathers, Mafters, Officers, Cor- porations, and Societies within every le- veral State. For by vertue of Majefty it is that Soveraigns are equal in refpect of themfelves , fuperiours in refpect of their Subjects ; and inferiours unto God, whofe fervants and fubjects they are , fru- ited with a particle of his power, and ac- countable uuto him. 4. It's Independent (yet not in refpect of God) upon whom all Soveraigns do not only chiefly but wholly and Power Civil. 73 wholly depend, but in refpeft of all fub- ordinate Powers within , but coadequate to them without. For all power civil within the Territory is derived from Ma- jefty. Fiduciary Princes therefore as fuch are not Soveraigns, though they may have the title of Soveraignty •, yet a Soveraign may be fiduciary for fome part of a Coun- try within, and part of the Dominions of another Soveraign. Neither can the chief Magiftrate of a Commonwealth, trufted at certain times with the general exer- cife of the Power be fuch. Protection and VafTalage are conceived by fome not to deftroy Independency^either doth confede- ration. For though the League between feveral States, as in Switzerland, and the united Netherlands Provinces may be ftrid ) and Commillioners may be made and trufted with great power in things,. which concern the feveral States jointly ( fuch the ftates-General of the Low- Countries be ) yet this is thought to be no diminution ofMajefty. For it remains entire in the feveral Republicks : j, Its indivifible , for though it hath feveral branches, which may be diftinguifhed, yet they cannot be feparated. For if you take away but one, much more if you take away more, you make it imperfect and ef- fentially defective, and infufficient to Go- vern. For as in Philofophy, EJfentia eft indivifibilis : fo in Politicks, Majeftas eft F 4 indivif.bilis 74 Of a Common-wealth in general indivifibilis & fie Majefiatis Jnra funt in- Jeparabilia. As thefe Rights are indivifi- ble in refpect of themfelves, fo they are in refpect of the Subject. For divide and feparate fome of them, even but one from the Sovereign, he is an imperfect Sove- raign, take away all he ceafeth to be a Soveraign. Again the Subject of Ma- jefty and of all the rights and parts there- of mud be only one, either Phyfically or Morally: If you divide the Subject, you deftroy them. For if in this Common- wealth we give part of thefe to the King, part to the Peers, part to the Commons, we make it a Babel, and deftructive of it felf. For, fuppbfe the King have the Militia to himfelf^he may command the Purfe, make void the Laws, revoke Judgments, reject Parliaments, and none can hinder him, becaufe neither Peers nor Commons have any right to the Sword whereby to defend themfelves. Therefore little heed is to be given to that Book, or bitter Inve- ctive entitled, Elenchus momum mperorum^ which informs from the Lawyers, if we may believe him, that thefe Soveraign Rights were thus divided. 6. From this, that it's indivifible follows it, that it's in- communicable. For to whomfoever they are, communicated, they ceafe to be Subjects, and the Soveraign to be a compleat So- veraign , and this Communication tends :■..:. -tO and Tower Civil 7 J to the diflblution of the Government. 7. It's perpetual r that is, fixed in a cer- tain fubjed, to continue in the fame ac- cording to the fundamental Laws of Con- stitution. Therefore the Temporary or occafional power, though very great of a Dictatour, or Regent, or Protectour, who are but trufted with it for a time in extraordinary cafes, and upon occafion, cannot be Majefty when there is an Inter- regnum, or fufpenfion of the Government, by reafon of Sedition, Faction, Rebellion, Civil War, or fome other caufe, it's good and expedient for the fafety of a State, to fet up fome extraordinary Governour or Governours, trufted for a time with tranfcendent Power, till the State difturb- ed and not capable of any Union be let- led, which done, that Power doth ceafe, and Majefty is fixed in his proper, pri- mary, and conftant fubjecl, that the Go- vernment may run in the old Channel, except they intend to make an altera- tion of the Conftitution. There is another kind of perfonal Seftl(5) Majefty inferiour to and different from the former. We find it in fome Prin- ces of Europe >,zs in the Emperour of Germany, the Kings of Denmark^ Swe- den, Poland, and England. For our Kings y6 and Power Civil. ' Kings had not only the title of Ma- jefty, but fome power with the title. For in the intervals of Parliament, he was Soveraign alone , and all and every one, yea the greateft were his fubje&s. He called and fummon- ed Parliaments, made all Officers by fea and land, fent and received Am- bafladours, conferred all Honours, the fubje&s fware Allegiance to him. His Dignity was eminent , his State great , and fo many advantages he had , that if he fhould have ufed them all, he might eafily have undone his fubje&s, and To have undone him- ktt. Yet he had not the power of the purfe .• He was fworn to cor- roborate the juft Laws and Cuftoms, which the people had chofen. In the Parliament he made a third party, yet fo, that neither in ads of Lawes or Judgement, could he do any thing without the Peers and Com- mons, and as Sir Roger Owen in his Manufcript obferves together with them, he was greater than himfelf. Yet, as Kings have fometimes curbed Parlia- ments , fo Parliaments have Kings, and Of the Acqutfition jj and difpofed of the Militia, the Navy, the Ports, the chief Offices ; Nay, they have fometimes judged Kings, accufing them of a&ing againft the fundamental Conflitution , and chal- lenging fuch Power as tended to the diflblution of the fame , and have de- pofed them. But of this particular fomething may be faid hereafter; thefe kinds of Soveraigns have fo much power, whether more or lefs as the Conflitution gives them , yet it will be a difficult thing to keep them within their bounds. CHAP. 7* CHAP. V. Of the manner how Civil Power is ac- quired. WHat the Nature of Power in ge- neral, and Majefty Civil is, hath been declared. The next thing to be con- fidered , is the Subject, who from it is denominated a Soveraign , and we mult enquire firft, how this Power is acquir- ed. 2. How difpofed in a certain Sub- ject. As for the acquifition it's certain, Man as Man, or as a Member of a Com- munity, cannot have it from himfelf, but it muft be communicated to him from God, who being the Univerfal Soveraign, is the Fountain and Original of it, and derives fome part of it unto Man, and a greater meafure unto Mortal Soveraigns than other Men. Yet he doth not this immediately, but mediately for the molt part. It's extrinfe- cal, and comes aliunde, not only unto Men but Angels. A Paternal Power, which is more Natural, is acquired by Generation, though fometimes by Adoption. This Ge- neration from divine Benediction is the fe- minary of all Societies, which as Societies and Communities may be fo difpofed and compleat, as virtually to contain in them a Power Of Civil Power 79 Power of a Common-wealth, and by a general confent conftitute an actual Soveraign. The Soveraign before* he was made fuch was nor. invefted with Majefty, but it was extrinfecal unto him. And here that diftin&ion be- tween the Power it felf, the Designa- tion of the Perfons Governing, and the Form of Government is worthy taking notice of. The Designation of the Perfons, and the Form of Govern- ment is from God, leaving Man at Li- berty, but not fo the Power, which is more from him than the other two. Though the parties juftly poffefled of power may be thought to have the propriety of ir, yet they have not a- ny : for let it be never fo firmly con- veyed upon them by defignation and fubmiflion, yet they are but trufled with it. Princes tell us they hold their Crowns and Kingdoms per Deum & Gladium. If they mean that they de- rive their power from God, fo as that they neither receive, nor hold it from the Bifhops of Rome , or the Emperour, or any other Mortals ; it may be true$ yet they have their power fo from God, that they are invefted with it by Hu- mane So Of the Acquifition mane Defignation. And as for their Sword, it may by a Conqueft make way for a Government, but it cannot conftitute it. The fundamental Char~ ^rnenrd ter °f a ^ ClVl1 Majefy> is the fifth charter of Commandment , taken in a large fence, civil mx- atl j underftood by other Scriptures, 3 which fpeak more exprefly and di- ftin&ly of Civil Government. In this Commandment including much more by Analogy than is exprefTed, we may obferve, that there is a pow- er of Superiority and Excellency, as in Fathers, fo in the Princes and Rulers of the World, and that from God, who made them Men , Fathers , Princes. x. That all Government mould be Paternal. Not that the flrft-born of the mod ancient Family in every Tribe, Kinred, Nation, ihould be a Soveraign ,• for that we feldom find, but that they ihould as Fathers love their Subjects, and feek their Good, and tender them as Fathers do their Children. 3. That by virtue of Gods Command, fofoon as they are actually Governours, Ho- nour and Subjection are due unto them. 4. That all Vicinities, as far as they are able, ought firft to aflociate, and then of Civil Power. 8 1 then eftablifh an order of Govern- ment, and obferve it, that their days may be long in the Land, wherein God hath placed them, and that it may go well with them. But to return to the acquifition of p^' er 2 ' hm Power, the designation of Perfons,^. as it is from Man, fo it is from God, who ruleth in the Kingdoms of the World, and fets up one, and puts down another, fo that this Power may be communicated from him, and lb acquired by Man, that it may be ta- ken away, and loft again. The Me- thod of the Difcourfe following is this, p acqvi- C feKtraordinatio iff divlna defigiutiione. rinr \ jufte fc- 1 mado ^ f*inchaatur I 'l'*""* tURiatt vi ir armis. indeterminatam Maje* ft 1 "- ^ | injufle ufur- 'fata vel ^ordinate f ^turmute f \ naM aliter J »' or >' ty'ran,;,. T defeil* fxccejjionjj. volmtaria j refignationt. moraliter < ^"^ * **"™' {. violenta inva- J intra. fine vel ab ^ trtra. inotdi- J injufta diffolittia.t tuu» "■» rr,al» adminiflriitiene, njtu fimimi grabs Tjtums. I. Ac 8 a Of the Acquifitlon I. Jtcquiritur juflo modo extraordinario tit divina defignatione & hnttione* . Power may firft be acquired , and extraordi- tnat ^ evera ^ ways, as juftly or unjuftly^ nar j. . in an extraordinary or ordinary man- ner. This extraordinary way, and more immediate from God we find in Scrip- ture. For thus Mofes , Jofhua , many of the Judges, Saul y David, Jeroboam, Jehu, were defigned to their places of Govern- ment Some of thofe, as SahI, David, r jthu % were anointed by Gods appointment, and the Scepter entailed upon David's Family in the Kingdom of Judah. Yet two things are remarkable in the defignation of Saul and David. i. That after the Divine Unction the People aflernble, and in a general Affembly by their Votes, freely chofe them, and vo- luntarily fubmit, and without Election they could not actually and effectually Reign. This doth fignify that there can be no or- derly or lafting Government without con- fent, tacit or exprefs of the People : For Men mult be Governed as rational and free, for fuch they are as Men. Tfris was the raanaer of invefting the Kings of England. For of Power Civil. 81 For at the Coronation 9 amongft other things, thisjs done : The King being before them, one doth ask the People, Will you ' have this Man to be King, or Keign over you ? This is more fully exprefled in the Form of Coronation, which at prefent I have not by me, and doth fignifie, that they mould have the voluntary content of the People. 2. That if we may believe Fortefcnc, the Kings of England had not Re- giam poreftatem^ fed politicam a populo efflux 1 am, 3. That they did not derive that Power from the firft, Inveftiture as Hereditary, but in another way. The fecond thing to be Hm _ , . ■ noted is, That thofe Kings thus defigned mu j i ^/ of God, were bound to govern according vew. tothemOra), judicial, ceremonial Laws of God. This implies that no Princes mould govern by an arbitrary Power, but accor- ding to Laws, and them fo wife, fo juft, as that they may be truly faid, to be rather the Laws of God than of Men. Ac quirk ur modo or dinar io (liber am election eni, s a inchoative in conftitnti-<(vim armor mn ex *& one per £ caufa jufia. Goddothfeldomufe this extraordinary * red. But if upon a Victory obtained by a fy Con. juft and neceflary War, a people is reduced i :ie ^' under the power^ofthe party conquering, and they upon certain terms fubmit, the power is acquired by the Sword, and their voluntary Submiflion, which they would not have made, iftheyhadnot been Con- quered. And they who formerly were a free people, and would have chofen ano- ther, or continued under their own per- fonal Sovereign, if before the War they were under a form of Government, do fubmit, becaufe neither they nor their So- vereign can protect them. And if they be brought fo low that they mult either fubject themfelves or do worfe, or perifh, they willingly come under the protection of the Conqueror, if he be willing to protect them, and take them as his Subjects : Ma- jefty acquired in this manner for the moffc part, ismoredefpoticalandabfolute. And that Princes are diverted of Majefty and People of Liberty, and fall under the power of Strangers, it's from the juft Judg- ment of God, punifhing them for their Crimes. And this is a moft common title of molt Sovereigns in the World. Yet it may be faid, that the inward motives of the Conquerors of the Earth are Ambition, or Covetoulhefs, or Cruelty, thei^fore this kind of Title is not good. The ^fwer is, That, in refpect of any one, or more of all thefe motives it's unjuft. Yet, ifweconii- der this Title, as given by God, in making G 2 thera 84 Of the Acquisition them Victorious, and rewarding them for the execution of Jultice, which they fel- dom think upon, and alfo the confent of the people and their fubmiflion, When they can do no better, it's certainly jult^ What ftrange Inftincts from Heaven, what C om- mands from God, what fuggeftions from Angels or God's MeiTengers, or Prophets, Conquerors might have, we know not. Jehu was anointed and defigned by God to cutoff AbaPs Family, and had a promife afterward. Judab alfo and many Nations were perfwaded, and in fome fort com - manded by the Prophet Jeremy, as fent' from God, to fubniit unto the King of Baby- lon, and come under his protection. C liber am & indeterminatam Sect. t.-Mdjeftascon-y ~ mares ~\jureqnafi tinuaty.r fuc-\ajlriSlam\ folrnn (h&redita- cejfione per /} famluj faemwaCrio fnc- tkllionem *- ubi C quoqite-^cedant. After a Title is once eftablifhed by the Fundamental Charter, and the firft invefti- ture, care is taken how this Title may be continued, that fo not only the prefent, but the future Sovereign and fubject of per - fonal Majefty may be determined, and not only d^State, but the Sovereign thereof may ^ome perpetual and immortal. This can no ways be done but by Succeflion,and this depends upon Election at leaft of the, firft Qonftitutors of the State, which deter- mines. of Power Civil. 8< mines the fucceflive Sovereigns to acquire their Title by "Election, or Birth, cr both. If by Election only, that many times is kit free to the Electors, to chufe out of what Family or Country they pleafe. Thus the Roman and alfo the German Em- perors and the Kings of Poland, acquire and receive their Power. Sometimes the Election is confined to a Family or Line. In this refpect the Title is faid to be He- reditary, which is not to be underftood, as though the perfonal Sovereigns were' abfolute proprietaries of the Crown, or had power of alienation j but becaufethey are like thofe, who in civil Law are called, Htredes fid, Heirs natural, by Law and Birth, who fucceed into, and by Birth ac- quire the right which their Predecefibrs juftly had. This Succeflion is fometimes tyed to the Males, as in France •, fome- times is indifferent to Male or Female Chil- dren. Thus it is in England, where the Kings and Queens are faid to have their Heirs: which, if we may believe the great Lawyer Sir Edward Coke upon Magna Char- ta, are nothing but the Succeilors : For Heirs, faith he, are SuccefTors : Yet furely he means SuccefTors not only by Election, but Blood. In this kind of Succeflion, fometimes the prefent Sovereigns, if they have Children, may determine and declare, 1 which of them mail fucceed them. Thus David chofe Solomon. Sometimes it's other- wife, becaufe by the Conftitution it's en- G i tailed 5e& 5 86 Of the Acquisition. tailed upon the firft-born or next of Blood. This feems to be the ancient right and cuftom of this Nation. This may be the reafon, why King Henry VII I. though he took upon him much of an abfolute Prince, would not prefume of himfelf to define his Succeflbr, but defires an act to be made in Parliament for to enable him by Will to difpofe of the Crown. Yet fuch an aft could not make void the Election ufed at the Coronation, which hath fomething of Jhe Conftitution in it, though it was made a meer formality. • Cdoh mahj \alio modo. As Power may be juftly fo it may be vfurpmon un juftly acquired, and this is ufually called " Usurpation, which is the taking and keep- ing pofleflion of that which is not our own, or which we have no Right unto. It's true, that in Civil Law it's defined to be pr&pojfejfio juris controverfi. Yet in this manner of Ufur- pation, that Right is feldom doubtful, but for the moil part clear enough. The Power is always good, becaufe from God, and the act thereof, which is Government, is good ^ yet the manner of acquiring may be bad. And it's obfervable, that many who have ill acquired, have well ufed their Power. ~ It's generally held, That ufurped Right and Power is no Right or Power, becaufe it's not in of "Power Civil. 8 7 in his proper fiibject. Therefore it's con- ceived, that Tyrannm in titulo ( fuch every Ufurper isfaid to be) cannot command and bind the people, nor do any acts of Govern- ment which is valid, and may juftly be re- moved before the people acknowledge- him, or fwear fealty to him. And many think it unlawful to fubmit unto, or act under an ufurped Power. Sometimes it maybe fo, yet there are cafes, when we may, nay we muft fubmit and aft too. If Chriftians under the Heathen Empe- rors had ftood upon fuch terms as fome * , do in our days, their condition had been far worfe than it was. For, though they liked not tlfurpatton, and the curled means whereby many acquired their power, yet this was their principle - Non mult am imerefi fob quorum imperio vivit homo cito moritarus, fi qui imperant ad impia vel imqna nos non cogant^ Anft. de L.D. Blood, Bribery, Treafon, Re- bellion, unjuft Invasions, they abhorred as abominable, and detefted them as unfit means to afcend an Imperial Throne. Yet it was not in their power to difpofTefs them once poffeiled, and to eftablifh better. They knew God had refer ved v this unto himfelf. Neither did they think that by fubmitting unto their power, though unjuftly gotten, yet juftly exercifed, that they were guilty oftheirfmfuland unjuft manner of llfur- pation. Concerning this unjuft Acquifi- fion of perfonal Majefty, many things may beobferved: 1. There are few titles now, G 4 efpeci- 82 Of the Ac qui fit ion especially fuch as are fuccefltve in a Line* which did not at firft begin in Ufurpa- tjpn. i. That the power it felf with the juft exercife thereof, is a different thing from the manner of acquiring it. 3. That one that hath the right in reverfion may unjuftly prepoflefs it : and with us, as tjie Lawyer tells us, if the Heir apparent by murther or fome other way remove the prefent juft Soveraign j yet fo foon as he is poffeffed of the Crown, he cannot be quefti- oned,and indemnity prefently follows upon the pofleflion.&VWdf the Third is called an nfurper,and was fo at the firft j yethisLavys « and Judgments, and other Acts of Govern- ment were, and are judged valid, after the Parliaments received him. He«ry,VII.cannot be acquitted from ufurpation till the Parlia- ment acknowledged him.Neither his Victo- ry nor Marriage with the right Heir could give him a good Title : though this might conduce to his quiet poflelfion : He did ne- ver ftand upon that Marriage as the founda- tion of his right unto the Crown ^ for he knew well enough, that if that had been his beft and only Title, that though it might make the Power good unto his Children, yet while fhe was living he muft hold the Crown in her Right , not in his own, and if fhe died before him ? it was loft. 4. Many Princes have invented Oaths for to fecure not only the form of Government, but the Crown unto their own Pofterity and Family. And here it is to be confidered, whe- of Power CivlL c§ whether thefe Oaths do not neceflarily prefuppofe an higher Obligation of fideli- ty, not only unto God, but their own na- tive Country , to which they are bound to be faithful under any form of Govern- ment or perfonal Sovereign whatfoever. If their prefent Allegiance cannot fraud with the univerfal good, it'sfurely unlaw- ful and unjult. For the good of the whole is .to be preferred before the good of a part ; and we are bound to Jove the whole body of the Community more than any Family, or fome particular perfons. A- gain, it may prove fometimes impoflible to be actually faithful and perform our Oaths, either to the perfons to whom they are taken, or their heirs and fucceifors, and then it will be unreafonable. 5. We mult diftinguilh between the humane po-» fitive -Laws and Conftitutions , and the Laws and Rules of divine Providence ; for that may be ufurpation inrefpect of the former, which is a juft poileffion in refpect of the latter. 6. As for removing an Ufur- per, or refilling to fubmit unto him, or act under him, we muft conlider, 1. How far God hath any hand in difpoilefling one and giving poflelTion to another, leaffc we be found to relilt God. 2. What means we refolve upon to remove and reject the Ufur- per, and whether the Remedy will not be v*orfe than the Difeafe. 3 . What may be the badsnd miferable confequences of this refofal of fubmiflion and acting : yet fome . will $6 Of the Acquisition will fay, w.e will live peaceably and not meddle, neither will we own the prefent Power nor act againft it. But do fuch think, that any perfon or perfons, who have the Sword in their hands, to which their Lives and Eftates are fubjeft, will fulfer men within the bowels of the State to be Neuters, and yet give them protecti- on ? 7. Such as juflly acquire their power at the firft may be the greateft Ufurpers, becaufe they will challenge more power, than either God will, or man can give : or more than by Conftitution is due, or the neceffity of the State and publick good ^require. 8. God may juflly give to jN'ebuchadnez.zjtr , Alexander^ that power, which they did.unjuftlyfeek, and this for reafons bell (uiown unto himfelf -, as for „ executing his Judgments upon other Nati- ons for their fins : when he hath once given, the poffeffion continued is lawful, 9. It's an heavy Judgment upon a people, when the title to perfonal Majefty is doubtful and liable to ufuirpation, as it often falls out upon a diflolution : civil War's a failure of fuccefllon, which is certain and clear, or in other cafes. And happy is that Peo- ple, whofe Nobles fhall be of themfelves, and their Governours fhall proceed out of the midft of them, Jer. 30. 21. And alfo when thefe Governours enter quietly, ac- cording to the Laws of God and the juit conftitution of men. Amf* of Power QiviL 91 C r Smortc imperantis, Sect, tf. Amittitur J 3 natural! £ de/> of Power Civil, 95 AmittitKr tnodo inordi- sdiffolntione , Sett. 8. nato : ut cmtd* adminiftratione. The diffolution of a State, muft needs deftroy and take away all perfonal Ma- jefty. And except this diffolution be from a mutual confent of all parties, Sovereign and Subject, for to erect a better frame ; it muft needs be inordinate or diforderly. And if the perfonal Sovereign be the caufe wbat ds - and begin this diffolution without juft rea- ft*jjjj£ fon, he muft needs forfeit. For wh'ofoever Zt holds any power from the Conftitution, and yet acts againft it, he muft needs lofe. And ifhebnceiofe his power, and through hijs own default, his Subjects are freed from their Allegiance. This wasthereafon why the Parliament paffed fo high a judgment upon the King. tc For, upon his withdraw- " ing from Parliament, refuting to return, " and fetting up his Standard, both the 1 Houfes proceeded jointly together in ad- 6 Of the Acquifitien. Theie things are out of and beyond my fphear. - Yet it's certain, that fo far as one Kings proceedings were againft the Fun- damental Conititution, fo far they tended to a diifolution and a forfeit of the power Regal. And when the Militia and the Ar- ray did fo fearfully clam and daili the peo- ple in pieces, there was a plain diflblution of- the Government for the prefent. And upon a Victory followed an Act of Altera- tion, and not only the prefent Sovereign was difpofTefled, i . By a Judgment, then by Death, but his Family dilinherited, and continues fo to this day. Whatfoever Men in this particular jaave done, yet God hath judged juftly. And it deeply con- cerns that Family ferioufly to confider what the guilt is, for which God hath fo fevere- ly punifhed them. There is another caufe whereby, and for which S6veraignty is often loft ; and that is male admimjlratnm. For as Wifdom, Juftice, Judgment, are the eftablifhment of the Throne, and that by virtue of Gods inftitution and promife : fo is negligence , imprudence, injuftice^ opprefllon, and other fuch like lins, a caufe of dethroning and diverting the Gover- nours and Princes of the World. For thefe offend God, abufe the Power wherewith they are but trulted, provoke the people: Therefore God either ftirs up their own people againft them, or makes ufe of fo- reign power to invade them, and delivers them into their hands. The higheft de- gree of Power Civil. 97 grce of this ill Administration is called Tyranny, and fuch wicked Governours are faid to be Tyranni in exercitio. For though their Title may be good, yet their power is foabufed, as that they for the molt part are worfeand more wicked than Ufurpers. Thefe in their adminiftration violate both the written and natural Laws of God, the Law of Nations, the Law of the Conftitution of that State where they govern, and the Laws ofjuilice and Equi- ty \ the violation of all which tend di- rectly to the ruine of the Common- wealth. Armfdots, who together with Bodin^ is fo * much for abfolute Princes, doth confefs that fuch a Tyrant doth Excidere jurefuo etfi heuLditario. And there is great reafon for ff becaufe his manner of administra- tion is againft the very fundamental Rules, and the very* end of all Government. For God never did, Man never can give any . power to be unjufh Before I conclude this Chapter, the Rea- Se#. 9. der mult know, that the fcheme of Ac- quisition and Amiflion of Power is not exact. For there may be more ways both of acquiring and keeping, as alfo of lo- sing power : and to this Head may be re- duced thofe arcana imperii & dominationis* handled more at large by Clapmarius and jingeliusj whereof fome are prudential Rules for the acquisition, and conferva* tion of the form of Government, and alfo for the continuance of power in the , H handy 98 Of the Accent fit ion hands of the Perfons or Families pofiefied of it. Some of thent are but Sophifras of State, wfed too much by many Statefmen in thefe days, who feparate Religion and Policy to their own mine. For as the learn- ed Fitz.-h rfor/hath made it evident, God will never prof per fuch courfes. Hitherto -alio might be referred the caufesof cor- ruptidir, converfion and fubverfion of States. Whereof* Ybjnething mail be faid in the Chapter of Difpoiition. 2. The right may be loft, and the pof- fefllon continue, or the polIefTion may be * loft, and the right may remain for a time. 3. That a bare title is no power. For as the fword in poflbflion withoM Wif- ddni and Jufticeis inefficient, fo wlfclom and Juftice,with a Title, without the Sword cannot aftually govern: becaufe it -cannot protect and punifli. 4. No -man can acquire and receive any power except God give it, nor keep it any longer than God is willing to continue it. For he hathreferved it in his own hands to difpofe of it to whom, and how long, and in what meafure and manner he pleafeth : yet he feldom doth communicate it ini- . mediately, or in an extraordinary way. He gives it for the moft part mediately by man to man. Therefore that Sovereigns hold their Crowns from God y and that they are fupeam next under God admits of fome limitation and explication , otherwife it may of Power CiviL 99 may prove an error. For I am Cure few of them receive their Sovereignty im- mediately from Cod as Saul and David did. The immediate foundation of it is fome humane conilitution and agreement made, rot immediately by God, but Men. ThiSi to fuch as understand the funda- mental Laws of States, is dear enough. 5. The greateft Power of any mortal man is but very little, and hz is but truiled with it for a while: and fuch is his frailty, ~th3t he cannot well manage that little which is committed to him. Therefore ail defects of humane Government- are fupplied by the univerfal and eternal King, who punifheth all offences, not pu- rnfhed by man, and rights all wrongs, » rot righted and rightly judged by the Rulers of the World. And fie makes ufe of Angels, Men, Armies, all. Creatures to execute his righteous Judgments. • 6. Majeity hangs very loofely upon fuch as do polTefs it, they have no ftrong hold of it. it's eafily feparable from man, and man from it, and it's rhore eafily lolfc than acquired, and acquired many times more eaiily than kept.' Therefore it i> that a. Scepter is fo eafily turned to a fpade, and a fpade unto a Scepter. 7. Here is the proper place to ex- amine, 1. Whether Majefty can be con- ferred upon any perfon or perfons upon condition. 2. Whether once conferred and received, it can be forfeited ? Not Ha id I oo Of the Acquifttion to be conditionally given and received ; not to be liable to forfeiture, are not Jura M«- jeftatis, as Mr. Hobbs improperly calls them , but if they any ways agree to Majefty (as it will be hard to prove they doj they are rather adjuncts than any thing elfe. For the firft, Whether they be given upon condition or no, cannot be well deter- mined, except we diftinguilh of this Power as given by God, and as given by Man. 2. Between Majefty real and perfonal. 3. Between perfonal of the firft, and of the fecond degree. 4. Between th'e Sove- reign, materially and formally confidered. 1. God never gave any Power or Ma- jefty Real or Perfonal but upon condi- * tion, 1. That the receiver ufe it well. 2. That he may take it away at will and pleafure. 2. Real Majefty cannot by Man be given upon condition to a Community as free, and fuch in proper fenfe. 3. A Community may give perfonal Majefty upon condition : and by the Laws of God cannot give it otherwife. And the Condition is, that they ufe it well and for the good of the people, according to the eternal Laws of divine Wifdom and Juftice •, for that very end for which God ordained all higher Powers and civil Government. And no good Sovereign will defire it upon any other terms. Hence the Oaths folemnly adminiftred to the Sovereigns of the World j which the peo- ple impofe upon them, not as Subjects, but of Power Civil. 101 but as members of a Free Community, and this impofing referrs to the fii ft Con- ftitution and the»fundamental Law of Go- vernment. This is clear enough in the firlt inftitution of a King in England, as the Myrrour tells us. The Conqueror re- ceived the Crown upon the. fame terms. And fome good Lawyers inform us, that before the King had taken his Oath to the people, he could not require an Oath of Allegiance from them. Therefore Sir Edward Colze muft be warily under- ftood, when he makes the Coronation but a formality. For though the fetting of the Crown upon their Heads, which is but a fign of Dignity and Honour, be but a Ceremony, yet the matter of his Oath is effential to the making of him King j and if that, being the fubftanceof the fundamental Contract, be not pre- fuppofed, as firft confented unto, he can- not be a King. Bratton, who advanceth our Kings, as high as any antient Law- yer, faith, Jpfe antem Rex non debet ejfe fub Bra&on. homine, fed fub Deo & Lege quia lex facit Regem. Attribute igitur Rex Legi, quod lex attribuit ei , videlicet dominationem & , potefiatem. Non enim eft Rex ubi dominatur voluntas, non lex, 1. i. c. 8. And here he feems to underitand , not only the Law of conftitution but adminiftration. That he means the latter is plain , when he faith, Non debet ejfe major eo in Regno fuo in exhibhione juris. He formerly af- H 3 ferted j 02 Of the Ac qui fit ion ferted that Bex ncn babtt par am in Revn6 fno, which is true in refpect of every .ilngle perfon, othei wife we know the King may be judged. With this agrees tint of the Myrrour, 1 hat it y/as the great abufiori of all, to fay, the King was above the Laws, to which he ought to be fubjec>. And we know who mikes thefe Law?. A<- riftHf, who is fo zealous for abfolute Mo- narchs, confetfeth with the Philofopher, tliat ubi tges donimantur, the King cannot be abfolute. He obferveth three kinds of Oaths which Princes take: The t. Is to maintain Religion \ The 2. To. do their King* Duty; The 3. Whereby they fubjed lW» themfelves to the Laws: ' Such are the Oaths to be taken by the Kings of Po- land, Swethland , Denmark^ and England^ . whofe Coronation-Oath includes all the three. Yet this very man having no better Author than Holmfied^ is bold to affirm, that our Kings were abfolute hereditary Monarchs. Bo din and Bifoldw feem to be of the fame mind. And it* they be fuch,' then faith Armfcus, they are Kings before they take their Caths, and hereditary too. But, who told him fo ? How will he prove it? We know for certain it's other wife, and our Antiquaries in Law will lay that foe is very ignorant, and yet very tiold, it not an impudent flatterer. That Bodin with him and others, mould make the King of France abfolute, there may he jfome colour, if we look upon their pra- clic,e, ef Power Civil. io<> <£ice, for they aft very highly as abfolute Princes. Yet if fiottwnan, a better Law- yer, and a far greater Antiquary than either Bodiu or ArtrtjkitSj be true, the Kings of France are made Kings and receive their Crowns from the fir It inveititure, and that Upon conditions? Neither is there any Go- vernment, which hath a rational andjuft constitution, which may be known by an- , cient Records or unwritten conftant Gu T fioms, but will maoifeft that the Sovereigns thereof receive their Crowns, and keep them upon certain ^conditions, different from the written and natural Laws of God, And it's remarkable, that no Conftitutioa can be good or allowable, which is not agreeable to thofe Laws. It's true, that if a people delign one or more Peribns to be their Sovereign, andfyromifeabfolutely to acknowledge them, by thatdelignation and promiie, they are bound to grant him or them all the power whereby he or they may be abfolute Sovereigns : and if they will keep their promife, they mult not, they cannot put any conditions upon him or them, which may tend to the di- minution of the Power already given. And they may give it fo, as that he may as abfolutely tranfmit it and derive it to his Pofterity. Yet if any (hall do thus, and let up fuch an abfolute Sovereign - r that very Perfon or his Succeffor may be conlidered materially as fuch, or Juch ip*n, or formally as fuch Sovereigns. Ma- li 4. terialfy * 104 Of the Ac qui fit ion ierially confidered, efpecially as fuch as not yet in veiled, they may be bound to fuch conditions as upon the non-perfor- mance of them, they may forfeit. But, confider them as actually and abfolutely in- verted, there can be no fuch Obligation : neither can any Conditions or Oaths be impofed upon them, except they be wil- ling to accept of them. Yet, if any peo- ple conftitute fuch a Soveraignty, it's to be examined how juftly and wifely they have done, and whether they have not en- flaved both themfelves and their pofterity, and laid the foundation of their own mi- Bmds not f ery anc j ru j nc# Anc i jf tn j s Conftitution po eruy. ^ e neither j u fl- nor w jf e f j cannot fee how it Ihould bind pofterity. And I would gladly know, whether thofe Au- thors, who are fo zealous for abfolute he* reditary Powers, can give us an inftance of any wife and juft people, that at the firft conftitution did give their free and full confent to fuch a Government. They never did, nor I think ever can inftance in this particular. Sea. 10. xhe fecond Queftion is, Whether Ma- Majefty jefty acquired can be forfeited? Where when for- v0ll mu [\- note ^ tnat t0 forfeit any thing is * ettedm to lofe the right unto it. For, it's one thing to* lofe the right, another to lofe the poiTefiion. For as before, one may lofe his right and retain the poiTeffion, and lofe his poifefiion, and yet retain his right. Therefore the Queftion is not de pojfejfioms of Power Civil. io< poffejftoms fed de juris amijfione. 2. The Queftion is not, Whether they may for- feit to God, for that they undoubtedly may ; but whether they may forfeit unto men. 3. Who thofe Men are, to whom it may be fo forfeited, fo as they may take the forfeit and that juftly. For folu- tian of this Queftion. 1 . This I take as a certain rule, that whatfoever is given and held upon condition, that may be loft: and forfeited. 2. A right once forfeited falls to the party who gave it, and fet down the conditions. 3. They, who from God give Majefty to any perfon or family at the firft, before they had any right unto it, are the people and community to be governed. 4. There is no rational and intelligent people in the World will bind themfelves to fubjeftion, but upon condition of a juft protection. No, a peo- ple conquered wiil not yield to bethefub- jects of the Conqueror, but upon this con- dition. And, though his Sword may take away their lives, yet it cannot make them his Subjects without their voluntary fubmifllon. 5. No wife people, if they can do otherwife, will fo fubmit them- felves as to lofe the propriety of their goods, the liberty of their perfons, the enjoyment of their Religion, or to be go- verned by an Arbitrary Power without juft Laws. 6. Princes, Kings and Con- querors, may either by themfelves or their Minifters to 6 Of l be Ac qui fit ion Miniiters of State, infenfibly encroach and ufurp, yet thefe encroachments and ufur- pations, cannot conilitute a Right con- trary to the fundamental Laws. And tjiere can hardly be found any other way, whereby many becom abfolute and arbitra- ryLords,but this way-7.The party to which the forfeiture is made, is not the Subjects, as Subjects, but the people and community who only can inveft one or more with Ma- jefty,and conltitutea Government. Neither can Magiftrates, as Magistrates, nor any Officers, as fuch, take the forfeiture. Neither can Parliaments, except fuch as participate in the perfoaal Majefty, do When any fuch thing. Yet, if the Sovereign Subje&ion once forfeit, the Subjects ceafeto be Sub- ceafes. j e ^ s# Nor can a great multitude of thefe, if they make not the whole body either actually or mutually, though they ceafe to be Subjects, challenge the forfeiture. By this you may eafily underftand how loofely the Queftion between Arnifaus and his " party, and Buchanan , Arthitjius , Heno^ Junius*, Brutus and their adherents, is handled. -8. It's certain, that Sovereigns by Law, who have not the Legi dative power in themfelvts folely, and are bound by Oath to govern according to Laws, which they themfelves cannot make, may forfeit. 9. Such perfonal Sovereigns, as conftantly act, not enly againft the Laws of God and nature, but againft the fun- damental of Power Civil. 107 diraental Laws, by which they receive and hold their power, may and do for- feic. And this Js one reafon why all Ty- rants in exercife do excidere jurf J no etfi htrcditario, which Armf&ns himfelf affirms. Yet as he wifely obferves, it's not fcfe always to take the forfeiture. For it is better by petitions, prayers to God, or patient fuftericg for a while (fo that they fuffer not theState in the mean time to come to mine) to feek and expect a redrefs, than fuddenly to involve the people in blood, and hazard the Common-wealth , and put it in fuch a condition, as that it (hall not be able in any due time to fettle. Yet a real neceffity of defence doth alter the cafe. Hitherto concerning the manner how Ma jelly may be acquired or loft. CHAP- toS CHAP. VI. Of Power Ecclefittflicd. Se£h i. i-r* H E former Rules may eafily be ap- J. plied to a particular Church , for it's a Spiritual Commonwealth , and muft as fuch, have Governors, and them inverted with a Supreme Power, yet fuch and of the fame nature as the Church is ; that is, Spi- ritual and Ecclefiaftical. This Power, as all other in Civil States , is derivative from Heaven, and of a very narrow fcantling. And, that I may be more perfpicuous, and direct the Reader by fome line or thred of method, I will fay fomething of the Power, I. As it is Spiritual. 2. As Supreme. 3. As divifible into feveral Branches. Sea. 2. * n t ^ ie ^ r ^ P* ace ^' s Spiritual, and that in many refpects, as the Authors of Jm Di- vinum Ecclejiaftici Regimwis have fufficiently demonftrated. For the perfons rule, actions and end are to be confldered, not under a Civil, but a Spiritual notion. As filled by Divines , and that according to the Spirit's language, and the phrafe of Holy Writ, to be Poteflai CUvi'tm. And the acts thereof are opening, (hutting; or which are the fame, binding, loofing. Thefe are Meta- phorical terms, -taken out of the Old into the New Teftament. For our Saviour did love Of Power Ecckjiaftical. 1 09 love to ufe the Spirit's words. The firft and chief place where we read thefe words in a Political fenfe With reference to Govern- ment , is that of the Evangelical Prophet, a And the Key of the Houfe of David will J lay upon his Jkoulder, fo he jhall ofen and none J** 22 * 2 * fiall (hut, and he jhall fhiit and none fhall open. Where by Key is meant Dominano, or Pote- flat giibernandi. So Fererias^ Schindler^ MoU lerm y according to the former ufe do under- ftandit. For there it's faid, 1 will commit Perf.iu thy Government into his hand. It's not material to enquire, whether the Seft. 3. Power or Key of the Houfe of David was a . Power over the Family, or of the Family over the Kingdom -, nor "whether Eltakim was a Prieft or a Prince over the Palace or the Temple. It's certain, David was a type ofChrift} his Houfe and Kingdom of the Church, and his Regal Power of Chrifl's Regal Supremacy, b For he hath the Keys b Hcv. £ of Hell and Death, even that Key of David 18. which bindeth the foul and confcience, and difpofeth of mans fpiritual and eternal 1 Cor. 3.7. eftate, and that by an irrevocable fentence. This Power fignified by Key or Keys is not Civil, but that of the Kingdom of Heaven, which he d promifed firil , and e conveyed d Mat. 16, afterward upon the Apoftles. As for the ^ . 2? * acts of thefe Keys being exercifed, they are 2/2?. 2 °' faid to be fometimes fhutting and opening: fometimes binding and loofing. And though thefe feem to differ, yet they are the fame, and are a&s of Government. For nn§ to open no Of Power Ecckfi aft teal. open is to loofe, asP/*/. 102. 10. where it*s turned by the Seventy two %?&, and not only there, but in other places, which I forbear to mention. And 7'-£ ; to bind, is fometimes to govern or exercife the ads of coercive power. So Pfal. icy. 22. to bind his Princes, compared with Pfal. 2. 3. where bands and cords are the Laws and Edicts of Chrift. And the fame word in the Chaldee, is obligavit ad cbedientiam ant fo> nam, |"PW Dan. 6. 7, 8, 9. ms Tranllated by the Seventy two , ce^.©-, a De- cree, obligation inter dittum. It's alfo re- markable, that *\-9 t0 mLlt U P» fignifieth •nu&A'Jbpai to deliver into the hand of ene- mies, or to definition, Job 16. u. Pfal. 78. 48. Hence that phrafe of delivering up to Satan, 1 Cor. 5. 5. 1 Tim. 1.20. and alfo eL tne feme w i tn that of i>ib.4.dift.Eicl 9 and many other Schoolmen, hath 8. fome affinity with this. For, the power Qx*A2. of Of Power Ecclefiaftical. 119 of Order with them is the power of a Minifter , as an Officer under Chrift: of the Univerfal Church , and is exercifed in foro pcemtentiali, or interiori. The pow- er of Government and Prelation (which Defenfor pads faith , the Bifhops had per accidens ) is the fame with this external Government of the Church , as exercifed in foro exteriori, Mat. 18. I Cor. 5. Rev. 2.2. or jtuiiciMi j as they term it. All the power of a particular Church, is confined to matters Ecclefiaftical , as fuch in that particular community, and is exercifed only m foro exteriori. This mull needs be fo , becaufe the internal Government of the Church, which by the Word and Spirit immediately rules the confcience, fo, as to caft the impenitent both foul and body into Hell, belongs to God as God, The external government of the Univerfal Church as Univerfal, is purely Monarchi- cal under Chrift \ in which refpect all particular Churches are meerly fubjects; and no ways independant , no nor go- verning. Yet in the third place, if this be not fo Se&, if. manifeft and fatisfactory , the point may be illuftrated, if we parallel the Govern- ment of the Church with that of Ifrael. As that was SsoK£$mi«*, fo it is xw>' <>K & m * A ' In the Theocratie of Ifrael, God was pars imperans, and the abfolute Monarch, and referved to himfelf the jnra Majeftatit. I 4 For 120 Of Power Eccl-fiaftical. For he made their Laws, appointed their chief Officers, Generals, Judges : he a- nointed their Kings , proclaimed their Wars, concluded Pea.ce, and received laft Appeals. Yet in many petty caufes and matters of State, and that often, he tr un- ited their Elders , Officers and Princes, and committed to them exercife of power and actual government. And their Kings were but a kind of VkaVn Msgiftratus under him. So Chrift hath retained to himfelf the government of the univerfal Church as fuch : as alfo the Legillative power of particular Churches in all Eflen- tials and Neceflaries, and hath epacted general Statutes for Accidentals and Cir- cumftantials. He hath the principal pow- er of making Officers, for he determines how. many kinds of necefTary Officers there ffiould be : limits their power, pre- fcribes their qualification, fets down their duty , and gives them their Commiffion. Their judicial proceedings run in his name, and their fentence is fo far valid on earth, as he fhail ratifie it in Heaven. Yet in ma- king of Canons they have power fo far , as to declare in Effentials, to bind in pofitive Laws and in Circumftantials. In ordaining of Officers the defignation of the perfons is theirs. Jn . jurifdiction, they have power to hear, examine, take wkneffes, apply the controverlie or ciufe to the Canon, de- termine and fee the fcntence.executed, and all this in a Sovereign ajjd iiidepencfant man- Of Power EcckfeafticaL • 121 Snianncr within the circuit of their own Church- And, whereas it may be faid, all this power amounts but to a little, and is confined to a narrow compafs ; It's true, it's but a particle : Yet the Church is more happy,and the Government more excellent, becaufe it depends fo little on man , fo much on Chriit. And this power, though diminutive, yet through God's blefling is effectual , and tendeth much unto the pre- fervation of purity, piety, unity and edi- fication : and if well managed, is an excel- lent means to enlarge Chrift's Kingdom, and further our eternal Salvation. The refult of all is this, that particular Chur- ches are not fupreme, but fubordinate, both in refpect of the internal Government which is purely divine, and alfo in refpeel: of the external universal, which is purely Monarchical under Chrift. The Church of Rome doting upon her univerfal Head and Vicar-general, prefnppofed and took for granted , that the community of all Chriflians in the world were but one vifible Church under, and fubjett unto one and the fame fupreme independant Judicatory. This no queftion is an error. For, though , there be 'an univerfal vifible Church, yet it's fubjeft only unto one fupreme Confifto- ry in Heaven , but not on earth, either in a Monarchical, or Ariftocratica], or De- mocratical form , as mall be hinted here- after. 'And, fuppofe the Pope had been an Ecclefiaftical Monarch, becaufe the Pa- triarch j 22 Of Power Ecckfiaftical. triarch of the firfl See in the Imperial City ! i yet he could not be univerfal, but only in refpeft of the Church within the confines of the Empire , which did en- clofe all the other Patriarchates, and was but a little parcel of the world. CHAP. ™3 CHAP. VII. Of the manner of acquiring Eccle- fiaftical Power. Having manifefted, what Ecclcfiaftical Sect, r, Power of Difcipline is, I muft fearch how it's acquired: for this as well as civil is derivative, and that from Hea- ven, and in a more fpecial manner. It's not natural but acquired. It's alfo conti- nued by Succeflion, not Hereditary but Elective ., not in a Une, as the Sacerdotal power confined to the Family of Aaron. It's firft in God the Fountain of all power, and from him derived to Chrifl as man and Adminiftrator-general. For fo after his refurrection, he faid unto his Difci- ples, All power in heaven and earth is given me : fome meafme of this he by Com- miffion delegates unto the Apoftles. Yet that power of theirs as extraordinary, was not fucceflive, or to be derived to thjpfe who followed them as ordinary Offi- , cers of the Church } for it expired with them. Yet there was an ordinary power of Difcipline derived to them, and they never, except in ordinary cafes, did exer- cife, it but with the Church. This, fome fay was acquired, by thofe words of Chrift to Peter y To thee will I give the Keys of 224 Of the m inmy of acquiring of the -Kingdom of Heaven, &c. Mat. \6. 1 9. This power was given to Peter, many of the Ancients fay, as reprefenting the Church y others chink it was given him as Head of the Church ; others as repre- fenting the Apoftles, from whom it was derived to the Bifhops ; orelfe, as others tell us, to.the Elders of the Church. But of this hereafter: But whatfoever power the Apoftles might have either feverally or jointly confidered ; it's certain, that Chrift derived it to the Church, where- of the Apoftles were Members, yet ex- traordinary Officers. ; The Church ac- quired it, therefore by free donation from Chrift, when he faid, tell the Church, and afterwards , whatfoever ye bind on earth jhall be bound in Heaven, Mat. 18. 17, 18. By this Church is meant no Vtopian, aerial or notional body, but fuch a fociety of Chriftians brought un- der a form of Government, as may and can exercife this power, as the Church of Corinth, Ephefus, Antioch , Jtrufalem, or any of the Churches of Afia. •ft. 2. But » tnou S n * intend in this to be br^f, yet I will obferve ibme order, and this in -particular it is, Power Ecctejiajlical Power. Xirnmediate de- £ Cbrift, Tower Eccle-5 acquired > Agnation cf ?_ Apoftles. fiaftical is > , ft ' S ,. . n . ,. „, lolt /mediate mftinu- 5 juftly, (_tion, and that ^unjuftly Seeing none hath this fpiritual power, except given from God, therefore it mull needs be acquired as it's derived : (■ ,. CChriftasman, It's derived < . , . < the Apoftles as his Chrift as man by his humiliation unto death, the death of the Crofs , acquired an univerfal power over all perfons in all caufes fpiritual. And he received it upon his Refurreftion , and upon his Afcenfion, being folcmnly invefted and confirmed, began to exercife the fame. .The Apoftles bang extraordinary Offi- cers under Chrift, received their extra- ordinary power, which was both inten- lively and extenlively great, from Chrift. And, i. For the loft fheep cf I [rati be- fore Chriits death. 2. For all Nations after the Refurreftion. 3. More fully and folcmnly invefted after Chrifts Afcenfonj, 126 Of the manner of acquiring Afcenfion, they began to act : and that both in an ordinary and extraordinary way, and that in Discipline, as fhall ap- pear hereafter. As they were extraor- dinary, they could not, as ordinary they « might have fucceiiors. As the power is derived in an ordinary way, fo it's acquired by the Church me- diately. This Church did firft confift of the Apoftles, the feventy Difciples, and other believers of the Jews. After that we find feveral Churches confuting of Jews and Gentiles. After that a Church, as taken from a Chriftian Community, is once made up of perfons, a multitude of perfons ailbciated, and endued with a fufficient ability to manage the pow- er of the Keys, in that vifible body politick , prefently it acquires this power by virtue of Chrift's Inftitution in thefe words : Tell the Church, &c. as be- fore. For in that very Rule, he gives to direct us how to deal from firft to lalt with an offending brother, he inftitutes the external government of the ( hurch, and both erects and alfo eftablifheth an independant tribunal. After a Church is once conftituted, and this power acquired it's exercifed either by a general Reprefen* tative, or by Officers : both thefe muft be invefted with power before they can act. And thefe acquire their power by de- legation, or by being conftituted Officers. By thefe means the power may be ac- quired juftly. ¥et Ecckfaftical Power. i 2 j Yet it may bepofleffed orexercifed un- Seel:. 4. 1 j.uftly. It's ufurped when any arrogate it, or take upon* them to exercife it with- out juft warrant from the Gofpel. Therefore, 1. When a multitude of Chi i- ftians, who have no ability to ''manage it, (hall erect an independant judicatory, they are Ufurpers. 2. When one Church challengeth power over another. 3. When Presbyters alone , or Bifhops alone en- grofs the whole power Ecclefiafticaf, both of making Canons, and of Juris- diction and conltituting Officers. 4. Ma- giftrates, who as fuch, take upon them fpiritual power. 5. But the greateft U- furper is the Pope , who ufurpeth a power both intensively and exteniively far greater than is due. As the Power may be acquired, fo it Se& u may be loft. For, 1. When a Church is fo far decayed, as not to be able to exercile an independant jurifdiction or order as their affociation \ fo their power, -is fo much abated. 2. When a Church doth wholly ceafe to be a Church, then their power is wholly loft. Yet when it's hindred either by the Magi- ftrate, or by fchifms and rents in it fd^ fo that it cannot exercife it, yet it's ver- tually in them. And many times fuch is the neglect of Chriftians , that they will not aftociate nor reduce therafelves into Order when they might do it ^ this is a great fin. 3. When Reprefen- tatives 12.8 Of the manner of acquiring^ Sec. tatives turn into a fa&ion and betray their trujt, they lofe their power as Repre- fentatives. 4. All Officers are diverted when for fonie juft caufe, they are dc- pofed or degraded, but this belongs not to this part. CHAP. 12 9 CHAP. VIII. D/7^e di'fp option of Power Civil, and the fever d forms of Government. AFter the acquifitidn both of Civil and 5^ t Ecclefiaflical power, follows the dif T polition of both, which will take up a great part of this firft Book. And 1. Of the manner of difpofing Civil Power. This Difpofition feems to be the fame with ac-r quilition, bccaufe it cannot be acquired but by a certain fubjed, neither can it be faid properly to be adually acquired, but at the very fame time, and by this very Ad it's placed in thatfubjed. Yet becaufe Power Civil may be fo communicated and acqui- red,that it may bedifpofed of feveral ways : and from thefe feveral ways of difpoiing, arife feveral diftindions and differences of Common- Wealth's. I thought good to make Difpofition a diftind thing from Ac- quifition, and fo handle it for the better und.rftanding of this' particular.' I will 1 . preniife fome general Obfervations. 2. Briefly declare the feveral ways of difpofing Majefty, and' the feveral forms of Governments. 3. Inquire into the Conflitution of the Common- Wealth of England, 8 4: m- i 3° Of rf )e diff option of Power Civil, 4. Deliver fome things concerning our condition in thefe late times. Sect. 2. The Obfervations are thefe: The I. which belongs unto that of Acquifition, is, That no power can be fully acquired, till it be accepted of as well as communica- ted. For, no man can be bound to be a Sovereign againft his will. 1. That Majefty is then difpofed, when it is placed and ordered in a certain con- ftant fubject.,which thereby may be enabled and bound to protect and govern. 3. That to be difpofed in this or that fubjed, in this or that manner, is acciden- tal to Majefty, though to be difpofed is effential to a Common-Wealth. 4. From the difFerdnt ways of difpofing this Power arife the different kinds ( as they call them) of Common- Wealths. For from the placing of it in one or more, arife Monarchical , Ariftocratical and popular States. 5. Majefty being the fame in general in all States, it may be difpofed feveral ways and in feveral degrees , in one or more. Hence arife the difference of one Monar- chy from another : one Ariftocracy from another : one popular State from another. 6. Though it may be a Queftion, whe- ther the difpofing of Power in one or more can make a fpecifical difference, yet Mo- narchy and Polyarchy are taken for diffe- rent /pedes of Common- Wealths effentially different. Ma- and the fever al forms of Government. 131 r R o defpotia'lhincimpeXDefpo- $e&. gj V rium y tiatm f wo j fmonarchi-Jk fregali t er j c «#» •(_ Regale < purel C optima-") CArifto- \plurmis\ ? s. i- J \k J Demo - plebe _) L cr ' , ■ J J ■; v popular is. C omnibus 1 ' f The knowledge of this Scheme depends upon the difference and diftinftion of the parts and members of a Community. For belides thofe which are but vertual- ly members, there are fuch as are fui juris, independant upon others : and thefe are divided into three Ranks. As i.Such as are only free. 2. ' Such as are of the Nobility. 3. Some that are fuper-emi- nent. The two former are called in La- tin , Plebs & optimates. And amonglt thefe optimates there may be very great difference.- as we find a Pompey or a Cafar amonglt the Romans : a Duke of Briganza amongft the Portugals, who in- herited a vaft Eftate in Lands. Thefe K 2 are i 1 } 2 Of the difpofition of Power Qlvil 7 are called the Tres ordines, the three States or Ranks of the whole Body of the Peo- ple, with us, King, Peers and Commons. The fuper-eminenn are few, the' Peers more in number , yet not very many l the Commons are the greateft multitude by far,' and make up the main body of the Society. Yet with us, of thefe there be feveral degrees and fubdivifions. A- mongfl: the Commons, we find the Free- holders and the Gentry, and a great dif- payity in both. Amoiigft the Peers there is a difference, r. In refpect of the manner of acquiring of this Dignity : and fo fome of them are fuch by ancient tenure, amounting to fb many Knights- fees : fome by Writ , fome by Patent, Thefe are called in Latin Barones Feinii- tarii y nfcripiitii^ diplomatic*. There is ano- ther diftindion with us of Lords ; for fome are Temporal , fome Spiritual. The higheft of thefe amongft us are thofe of Royal Extraction : In France the Prin- ces of the Blood. In fome Countries, as in Denmark^, and fome fay in Poland , there be Peers and Lords, which hold in Allodio, arid thefe are independant up- on the King hv divers refpecls : fuch alfo the Princes of Germany be for the molt part. And in thofe States where fuch are found, the Government ufually is Ari- ftocratical. Thefe Kings , Dukes and Monarchs became fuch at firft, either for the antiquity of their Family and their great and the fever al forms of Government. ij? greatc Eftates, or for their fuper-eminent wifdorti and vertue, or fdtf their rare ex- • ploits in War or PeaY For foch as are Generals and great Commanders in wars, prudent and fuccefsful, niach beloved by Souldiers, may do much *, dethrone Prin- ces, fit up themfelve?, and if it will not be -fririy given, they will forcibly take the Crown : and fometimes they may'de- ferve it, and prove the fitteit to wear in. Thefe are the three Ranks and Orders of the People. Thefe being known well, will give fome Set. 4. light to that which follows, concerning the difpoling of Majefty whether real or perfonal, though all Majefty actually rul-. ing, mull be in fome fenfc perfonal. Firifc this fuper-eminent power may be placed Purely inS cn ^ \.more. In one, and then that the State is called & Monarchy. Yet it may be difpofed in more than one, fever al wfeys. 1. More ab- folutely. 2. More ftrictly limitted. An abfolute Monarch, whether Elective or Hereditary is fuch, as hadi a full power over his fuhjects goods and perfons as his own :-.fo;that the .people have nei- ther propriety in their- goods, nor libera ty of their .perfons. Uhey are but his fervants and little better than Haves r filch Pharaoh's Subjects, when Jofeph had K 3 pur- 1 34 Of ^ e diffofuion of Power Civil, purchafed their flocks, their Lands, their perfons for the Crown, feem to have been. This Government is abfolutum do- minium, and therefore termed Dcftoticum &■ htrile Imperium. And fuch a Monarch feems to be that which by Ariftotk is called n<£p/te0iM(/V There be Princes in- veiled with Majefty,Jwho challenge the Le- giflative power unto themfelves, will by a Proclamation or Edict command the goods of their Subjects, and imprifon their perfons at will and pleafure. Thefe though they be limited by the fundamen- tal Conilitution , and their Oaths, are in the exercife of their power as abfo- lute as the former. This kind of Govern- ment may do well where the Subjects are turbulent, infolent and unruly, or of a bafe and fervile fpirit , or rude and favage. But where the people are ingenuous, tractable, and of a better difpbfition, it's very unreafonable : for, it will either caufe Rebellions, and Seditions, or much debafe their fpirits. This kind of Mo- narchy is apt to degenerate into a Tyran- ny of one perfon. Yet if this kind of Sovereign be wife, juft and vertuous, the people may live happily under his pro- tection. Yet fuch a power, and fo un- limited is not fit to be trufted in the bands of every one. Arid if it be here- ditary , woe to the people that live un- der it. Yet . ■ and the fever d forms of Government, 135 Yet this power may be trufted in the hands of one, yet fo as that it may be allayed, limited , and juftly and wifely poiied, and the Sovereign as a King. The word "wt! in Hebrew fignifies a Governor in general, BaaKsus in Greek is a word of great latitude, and fo is Rev in Latin, and alfo Sultan , in the Ara- bick and Mauritanian Language. Yet fome are fuch imperious Dictators and Mailers of words, that the word King mult needs fignifie an abfolute Monarch- That it often fignifies a Monarch and one that hath she title of Majefty, there is no doubt. But the bare word or title not di- ftindtly inform us of the power , or the manifold differences of Kings j which muft be known another way, as by the confti- tution of thofe particular States , where the chief and moll eminent Governours have that title. For there is a great dif- ference and that in refpeclt of power, be- tween the King of Spain and France^ and the Kings of Poland , Swethland and Den- mark- Neither doth the Kings of England in this refpect exadly agree with any of them. But if the word cannot, the de- , finition furely of a King mould determine his power. Yet neither will the common ufual definition do it. For thus he is com- monly defined. A King is a Monarch , whowh&t & govtrneth free men juftly according to the %J n & ts * Laws, to the good of the Common-wealth. The Genus is, thzths ha Monarch. And if fuch K 4. in j 36 Of 'the difp option of Power Civil, in ftrict ferc% as fuch, he can have neither Superrour nor Peer in his Kingdom. The fpecifical difference is taken from the Sub- ject, the rule, the end of his Government. For his proper aXi> 7&a, >&t c^o^lc, The Polity. Machiavel in- forms us, That Experience of the Incon- veniences of pure States put men on work to find out this, and for the molt part it may be fo. If either of the two, or any of the three States be predominant in the Adminiftration, the State is denominated from the prevailing part. For where the Prince hath the Title of King, and is predominant in the Exercife of the Power, it's called a Kingdom , or Mo- narchy \ where the Peers , it's an Ari- ftocraty ; where the Commons , a De~ raocraty j and yet if it be a right mix- E ture r i^6 Of the diffofition of Power Civil, ture, it can be none of thefe •• And in this particular many are deceived. For where the whole Power is wholly in the whole, there Popdns^ that is, King, Peers and Commons , are the proper fubjed of Majefty in the Conftitution \ by and in which, if any be predominant, it cannot be a Free State. Such a Government the German Empirg and the State of Venice feem to be. Yejt in .this latter, the great Council, which, fome tell us, confifts of Peers, is counted and judged to have the fupream Power. Yet, if we may believe Macbiavd^ the Families but of which they are chofen, were, at the firft Conftituti- on, the whole People. The Lacedemonian State is thought by many to be mixt, and fome fay the mixture was ex Dtmocratia pradominante & Arifiocratia diminuta^ yet this is very improper and cannot be true. The State of Rome feems in the time of . the Kings to be a Monarchy : After that an Ariftocraty in the Senate, and the Tatricii. But when Plebs did jubere Leges^ then it was aDemocraty in "the judgment of many. Yet upon diligent fearch it will be found otherwife. For though the King was the chief Pontiff, and did call the AfTemblies , had the chief and fole command in War ( for they gave him ty 7K>hAfJ.(p nyc/MWiao l^etv anj-niK^.TD^cf. , yet HalkarnajfxHs lets us- know, That this Form was taken from the Lacedamonians, where the Kings had not abfolute Power, they and the fever at forms of Government. i 4 7 they were not twTVKgpnpst, but were limit- ted by their pS/ilu*, or great Council, and amongft the Romans by their >*ptw7«u>, than is, their Senate. They mult not do what they will,. but what the Senate did deter- mine. Yet we mail often find this mix- ture very imperfect or very much altered in tract of time from what it was at firft. To fay nothing of Platonic!^ and Utopian Commonwealths, which are not practi- cable, nor people capable of them, the fumm of all this Head is this, That God hath given to Men in their feveral Com- munities, a power to protect the Juft, and puniih Offenders according to wife Laws and juft Judgment, and alfo a power to preferve themfelves, and juftly maintain their own Right againft all Enemies and Invaders. Yet he hath left them at Li- berty to difpofe o/ it feveral ways, and truft it in the hands of one or more, who, if they once take it upon them, mull exer- cife it and be juft. For he that ruleth over men mult be juft, ruling in the fear of God, 2 Sam. xxxiij. 3. Afj;er, 1 . The generals premifed. 2. Seft. io The feveral ways and manners of difpo- fing' Majefty in a certain fubject handled, I proceed to fay fomething of the Con- ftitution of the State of England, which hath long* been governed by Kings and Parliaments. There was indeed a time, even after the Saxons were fetled in this Nation, when there was no King, but L 2 Forty 1 48 Of the difpofitwn of Power Civil. Forty Lords, who at length chofe a King, which fhould have-no Peer : And there was a time when there were many Kings. And after that we find one King «nd Par- liaments, and ihis before the Conqueft. For this model of ours began in J:he time of the Saxon Kings, and. was brought to perfection, fome fay before ., fome fay in Edward the Confeflor's time. What the power of thefe Parliaments, and of thefe Kings were, is the great Queftion. For that once known, the Conftitution will be evident. There was a Power of Kings, and alfo of Parliaments feverally, and a power of them jointly confidered, we find the real Majefty in the. People, and perfonal Majefty in King and Parlia- ment jointly; and a fecondary perfonal Majefty, fometimes greater, fometimes lefs in the Kings, in the intervals of Par- liament. But to obfer\e a method, and proceed more diftinctly, I will, 1. Prt- fuppofe fome things. 2. I will fayfome- thingofthe Kings. 3. Something of the Parliaments feverally.- 4. Something of them both jointly. 1. Therefore I will fuppofe the Government of Englhnd to have been by King and Parliament be- fore the Conqueft, and to have continued fo till our days : And whofoever will not grant this, muft cither be very ignorant, or very partial. 2. I will take for grant- ed, That there have been extraordinary cafes, wherein the Rules of theCootfitution either and the fever al forms of Government, 149 either have not, or could not be qb- ferved. 3. This is alfotrue, thatfome- times when they might have been followed, yet either the conititution of the Parlia- ment, or the carriage of the Kings was fiich, as that they have violated the fame. 4. Wife and intelligent men will not deny, but that in our days the Government was " fo altered and corrupted, that the firft conititution was hardly known, and it was a difficult thing cither to reform it, or reduce it to the ancient form. Thefe 'things fuppofed in the fecond Sect. 1 1 place, I wiil examine, 1 . How the King ac- quires his power. 2. What his power ac- quired is. 3. How far it's fhort of a ple- nary perfonal Majefty. 1. The manner of acquiring this Power and Title, is either by deriving it from the firft inveftiture, or by inheritance, or election. For the firft in- veftiture, I find none to infift upon it, though the rule of inverting, if there be any, fhould be fought in the fundamental Charter. If the Crown be hereditary to the Kings, and they have it as their own Fee, they may difpofe of it, and of themfelves, appoint their Succefibr whom they pleafe \ and King Henry 8. might without any Act of Parliament, have defigned by will which of his Children fhould fucceed him. And Queen Elizabeth might have nominated either the King of Scot j, or any other be- fides him for her SuccelTor. Some may demand, what right (he had to nominate, L 3 or \ 150 Of the difyofttion of Power Civil, or t any other after her death to proclaim her Succcilbf. One anfwer to this de- mand may be, That her wife Council did for fee, that this was an effectual, if not the only way to prevent greater mifchiefs and effufion of blood, which in all probability might have followed, if this courfe had not been taken. And in an extraordinary cafe, fome extraordinary thing, tending to the publick good, may lawfully be done. Yet this is not to be made an ordinary rule, and followed as an ordinary Example. A third way of acquilition is by election and confent of the people. Thus the firft King, as the Mmour tells us in exprefs words, was elected. So were the Saxon Kings till Edward the ConfefTor, the laft King of the Saxon Race. So was William the fecond, Henry the firft, Stephen, John. The manner and form of the Coronation, which contains in a few words much of the Conftitution, determines the Succeffion to be by Election. Thofe words of For- te fene to the Prince, Non habes potefiatem regiam^fed a populo effluxam, imply fo much. The Conqueror himfelf, who, as a Baftard could not inherit the Crown, confefTeth, that he poflefled not the Crown Jure h&rt- di'arw. To this purpofe the old book of Caen isalledged. Thefe things are above me and out of my element, therefore to be judged of by the learned Antiquaries in Law. But fuppofe it be granted to be ele- ctive, yet it's elective in a certain line j for fuch and the fever al forms of Government, i eft at em & merum xmpermm apptdnos. Yet afterwards, fpeaking of our Courts, he gives to the Parliament the* fupreme and facred power, in making, • conferring, repealing and interpreting the Laws, and in ail other things, which con- cern the good of the State. If he meant that the King had it jointly with the two Houfes, it's tolerable \ yet^ if fo, i . His former exprellion was not good. 2. Nei- ther is that latter aiTertion of his, when he faith, the Parliament is fummon'd ad ar- bitrium Regis, when the King pleafeth- But let's go to the Parliament, where we Seel:. 14. {hall find the King again : and when we come there, we muir. confider, 1 . What it is. 2. What power it hath. 3. What power it hath not. 1 . To give a perfect definition of it is above my skill, neither is it within the fphear of my profeflion : an- cient Parliament-men, and efpecially learn- ed Antiquaries in the common Law know it bell. Mr. Cambden gives a tolerable defcription of it. IPs a Reprefentative of all England, invefted with the highe ft power of Legiflation, and all" other ath thdt con- cern the common good. This is the fub- ftance of the matter, though not given in his exprefs terras. And here I will not fay any thing of their Election, Incor- poration , manner of proceeding after it's once conftituted, and begins as a formal Parliament to act. Some have conceived it to be one of the moft or- derly i $6 Of the difpofition of Power Civil, Variiament derly AfTemblies in the World, which is beft Afm- an argument of the great wifdomofour Anceftors, who firft molded it, and brought it to perfe&ion, yet it may be corrupted . and ill conftituted, and then Corruptio optimi eft pejfima. The Election in our times is not well ordered ; for if it were, the very cjuinteffence of the wif- dom and virtues of all England might be extracted, united, and aft in that Con- vention. But men are ready through want of underftanding to undo them- felves, by chooiing inefficient and un- Tarhament worthy perfons. The firft conftitution cer- Members tainly required a qualification in the per- qiuiified. f ns to be Elected. For we trull them much, eveivwith our Eftates, Liberty, Lives and Religion for the outward profefiion. It's not fit to truft thefe in the hands of any fort of Men, but fuch as fhall be wife, faithful, juft and fincerely affecting the wittena publick good. The Saxon name Wittena Gemote. Gemote implies this ; for it fignifies the meeting of wife men, and is the abridge- ment of all the Folk- motes in England, and of the wifdom of all England: and now of all England^ Wales, Scotland, Ire- land. If they fhould be wife men, wifdom includes all virtues. If we conlider this great body as diftind from the King, it's faid to confift of two Houfes; which fome call the upper and the lower. This the Commons did not like, did not acknowledge. The two Houfes, or and the fever d forms of Government. 157 or the Houfe of Commons, and the Houfe of Peers may be tolerable : and I do not know they ever excepted againft . the ex- preffions. Many ungrateful and unwor* thy perfons , to their own wrong and , , prejudice, have much deprefTed the Houfe Hou j- e c of Commons, and are not afhamed to fay, commons] fuch is their ignorance, that it is but of if. late ftanding. Yet it's the chief part, and almoft the whole Reprefentative : the Peers to them are but inconfiderable. Whatfoever is concluded there doth molt concern them , and the heavieft burden lies on them. And though by Commons, fome may underltand only the Plebeian Rank, yet there we find in that Houfe men of as good Birth, Eftates, and as eminent vertues, as many of the Lords be. What the Houfe of Commons is may be more eafily known, but the nature of the Houfe of Lords is fome what hidden. For in it we find Lords Spiritual, as Abbots, Bifhops, and thefeby Tenure •, we find in it alfo Lords Temporal, as Dukes, Aiar- quefles, Earls, Vifcounts, Barons. And all • • thefe under the name of Lords, Peers, Ba- rons, though Barones, Froceres y Nobiks, do fometimes lignifie other perfons. For we read of the Barons of the Cinque-ports, Barons of the Exchequer , the eight Ba- rons of Chefiire^ and the Barons of Bur- ford in Shrofflnre. We find Peers fome- times taken in another fence : and to in- clude the Commons, And the truth is , 1 58 Of the difpofition of Power Civil \ if the whole aflembly be confidered as one Reprefentative , they are all Peers, and in all ads fhould be taken fo to be. Thefe Peers become fuch three ways, as I obferved in ray anfwer to Mr. Hobb\. For they are ant Foedaks , ant refcriptitii y adt diplomatic^ Barons by Tenure and an- • cient prefcription fince the time of Willi- Am the Elder, or by Writ, or by Patent- It is not for me to debate, much lefs to determine the Controversies about thefe Lords, as, 1. Whether they be eflential parts- in a diftinct Houfe from the Com- mons of the Parliament , or no : feeing Acts and Ordinances , and the fame valid, are faid to be made without thefe Lords, not any by the Lords without the Com- mons. 1. What thefe Lords may do, or for what end they are called. For fome fay , they fit there as Judges of the King together with the Commons. For though the King in his Politick ca- pacity cannot do wrong, yet in his Per- gonal he may. This Home and Brafton^ with other of the old Lawyers, will tell us : in whom we may read of the Torts and wrongs done by the King , and of judging him , as alio the Queen and the Prince. 3. Seeing by the Writ of Sum- mons they are called to deliberate and confult, Coitfilium impenfnn , not ad facien- dum & confentiendum^ as the Commons are, whether they be there only as the King's Counfellors. 4. Suppofe them to be the King's and the fever d forms of Government, 1 5 King's Counfellors, whether they be fuch without or with the Commons. 5. Whe-. ther they have any fhare in the Legiflative power, or if they have , whether in the fame Houfe, or in a diftinct Houfe and Body with a negative to the Commons, or not. 6. When this tranfmitting of Bills to the Houfe of Lords began 3 which fome fay , to be after the Barons Wars. For it was not fo from the beginning. 7. Whe- ther the Lords and not the Commons have power to adminifter an Oath. We read w ^ B *- in Sir H. Spdm which can do many and great things, yet fome things they cannot do : for they are limittcd not only by the Laws of God , but alfo by the Laws of the Conftitution. Sir Roger Owen tells, That the Parliament , , . cannot do all things. For, I. Many Arts ^rUmni are Voted for errors in matter of faft, cinnot do* and for contrariety in words, and fome- times they have idle and flattering pro- vifo's. 2. A Parliament hath not power to ordain that a Law fhall not be abro- gated for the fpace of twenty years, for a latter Parliament may repeal their Acts. 3. That a Parliament cannot Enact, that, rf there were no Heir to the Crown, that the people fhould not be able to chufe a new King. 4.. It cannot change the form of our Policy from a- Monarchy to a De~ M mocraty, 1 62 Of the diffofition of Power Civil, mocraty. 5. It cannot take away divers Prerogatives annexed to the Crown of £«- gland, or that the King mould not be able to dinolve the Parliament at will and plea- fure j yet in another place he tells u., that he cannot diffolve the Parliament at will and pleafure ; and again, he is not above the Parliament, becaufe he cannot be above himfelf ; and in Parliament he is Mxxime Rex. He further informs us , that the common Law is the King's Inheritance,and how the Parliament may with:r away the Flowers of the Crown. The true reafon, why the Parliament cannot do fome of thefe things, nor others not mentioned by him, is, becaufe they have not real but perfonal Majefty. They cannot alter the Government, nor take away divers things belonging to the Crown , becaufe they did whovtve not £* ve C ^ e P rer °g at i ves °f tne Crown at CrovcnPre- the firft ; the Commons of the Realm gave rogttivcs, them, as he confefleth. The form of Go- andParlk' vernment was firft conftituted by the Com- mm-hmg, mun j t y f England, not by the Parliament. For the Community and people of England gave both King and Parliament their being: and if they meddle with the Conftitution to alter it, they deftroy themfelves, becaufe they deftroy that whereby they fubfift. ' The Community indeed may give a Parlia- ment this power, to take away the former Conftitution, and to frame and model ano- ther, but then they cannot do this as a Par- liament, but as trufted by the people for fuch and the fever al forms of Government. 16$ fuch a bufinefs and work : nay, they may appoint another aflembly of fewer or more to do fuch a work without them. They may fet np a Conflmm fapentum, which may determine what matters are fit to be propofed to the Parliament, and in what order , and alfo contrive a Jtwtto for all bufinehes , which require expedition and fecrecy , which may act without them : whether the Parliament it felf can do fuch things or no , may juftly be doubted ? What may be done in extraordinary ca- fes is one thing, what may be done in an ordinary way another. When he faith, that the Parliament cannot change the form of Policy from a Monarchy, he pre- fuppofeth our State of England to be a Monarchy , yet if he diftinguilh not be^ tween the Conftitution and the admini- stration , he may be guilty of an error. For it's not a Monarchy, but only in re- fpect of the Executive part in the Inter- vals of Parliaments. Our Anceflors abhor- red abfolute and arbitrary Monarchs : therefore before they did eftablifh a King, they made a bridle to keep him in, and put it upon him.This is plain from Bratton^For- tefcuefhe Coronation Oath, and the Mirror. From all this we may conjecture what the Se& 17. Conftitution of England was. It was no ^ n f °J abfolute Monarchy, that's plain enough- abfekae™ Neither was it a State of pure difpoljiti- Monwhs* on but mixt. Neither were the Jura Muje- fiath divide^ fome to the King? fome to M z the 1 64 Of the difpofition of Power Civil} the Lords, fome to the Commons, it was of a far bett#e fiould. The peVfonal Ma- jefty primary was in King, Peers and Com- mons jointly : in the whole affembly as one body, this may appear feveral ways, .as l. From this, that it was aReprefenta- tive of the whole Nation, and as it was a general Reprefentative of all England and no ways elfe, was it inverted with this per- ibnal Sovereignty. It muft reprefent the whole Community, all the Members there- of, of what rank or condition foever, not only the Laity but the Clergy too : thefe are words ufed in onr Laws, and good e- nough , though difliked by many. The Clergy and Miniflry of England were never represented by the Knights of the Counties before onr times : neither cou'.d die Parlia- ment , without the perfonal ; refence of fome of themfelvesimpofe Subfiles, much lefs Eccleiiaftical Canons upon them. They are as free Englilh men as any other, and by the Laws of the Land have their privileges and immunities difbin