left to man; then, 1. If it be the magistrate's proper work, we must obey the magistrate only. 2. If it be about the pastor's proper work, the pastor is to be obeyed; though the magistrate gainsay it, so be it he proceed according to the general rules of his instructions, and the matter be of weight. As if the magistrate and the pastors of the church do command different translations or expositions of the Bible to be used, or one forbiddeth, and another commandeth the same individual person to be baptized, or receive the sacrament of the Lord's supper, or to be esteemed a member of the church; if the people know not which of them judgeth right, it seemeth to me they should first obey their pastors, because it is only in matters intimately pertaining to their office. I speak only of formal obedience, and that of the people only, for, materially, prudence may require us rather to do as the magistrate commandeth, 'quod, non quia,' to avoid a greater evil. And it is always supposed that we patiently bear the magistrate's penalties, when we obey not his commands. 3. But in points common to them both, the case is more difficult. But here you must further distinguish, first, between, points equally common, and points unequally common; secondly, between determinations of good, or bad, or indifferent consequence as to the main end and interest of God and souls. 1. In points equally common to both, the magistrate is to be obeyed against the pastors; because he is more properly a commanding governor, and they are but the guides or governors of volunteers; and because, in such cases, the pastors themselves should obey the magistrate; and therefore the people should first obey him ". 2. Much more in points unequally common, which the magistrate is more concerned in than the pastors; the magistrate is undoubtedly to be first obeyed. Of both, there might instances be given about the circumstantials or adjuncts of God's worship. As the place

n Bishop Andrews in Tort. Tort. p. 383. Cohibeat Regem Diaconus, si cum indignus sit, idque palam constet, accedat tamen ad sacramentum : cohibeat et medicus si ad noxium quid vel insalubre manum admoveat: cohibeat et equiso inter equitandum adigat equum per locum præruptum, vel salebrosum, cui subsit periculum: etiamne medico? etiamne equisoni suo subjectus rex? Sed de majori potestate loquitur; sed ea, ad rem noxiam procul arcendam. Qua in re charitatis semper potestas est maxima. Here you see what church-government is, and how kings are under it, and how not, in Bishop Andrews' sense.

of public worship, the situation, form, bells, fonts, pulpits, seats, precedency in seats, tables, cups, and other utensils; church-bounds by parishes, church-ornaments, gestures, habits, some councils, and their order, with other such like; in all which, cæteris paribus,' for my part I would rather obey the laws of the king, than the canons of the bishops, if they should disagree. 3. But in cases common to both, in which the pastor's office is more nearly and fully concerned than the magistrate's, the case is more difficult: as at what hour the church shall assemble; what part of Scripture shall be read; what text the minister shall preach on; how long prayer, or sermon, or other church-exercises shall be; what prayers the minister shall use; in what method he shall preach; and what doctrine he shall deliver, and the people hear; with many such like. These do most nearly belong to the pastoral office, to judge of as well as to execute; but yet in some cases the magistrate may interpose his authority. And herein, 1. If the one party do determine clearly to the necessary preservation of religion, and the other to the ruin of it; the disparity of consequents, maketh a great disparity in the case; for here God himself hath predetermined, who commandeth that "all be done to edification." As for instance, if a Christian magistrate ordain, that no assembly shall consist of above forty or an hundred persons, when there are so many preachers and places of meeting, that it is no detriment to men's souls; and especially, when the danger of infection, or other evil warranteth it, then I would obey that command of the magistrate, though the pastors of the church were against it, and commanded fuller meetings. But if a Julian should command the same thing, on purpose to wear out the Christian religion, and when it tendeth to the ruin of men's souls, (as when preachers are so few, that either more must meet together, or most must be untaught, and excluded from God's worship,) here I would rather obey the pastors that command the contrary, because they do but deliver the command of God, who determineth consequently of the necessary means, when he determineth of the end. But if the consequents of the magistrate's and the pastor's commands should be equally indifferent, and neither of them discer

nibly good or bad, the difficulty then would be at the highest, and such as I shall not here presume to determine°.

is

No doubt but the king is the supreme governor over all the schools, and physicians, and hospitals in the land, that is, he is the supreme in the civil coercive government: he is supreme magistrate over divines, physicians, and schoolmasters; but not the supreme divine, physician, or schoolmaster. When there is any work for the office of the magistrate, that is, for the sword, among any of them, it belongeth only to him, and not at all to them: but when there any work for the divine, the physician, the schoolmaster, or if you will, for the shoemaker, the taylor, the watchmaker, this belongeth not to the king to do, or give particular commands for: but yet it is all to be done under his government; and on special causes he may make laws to force them all to do their several works aright, and to restrain them from abuses. As (to clear the case in hand) the king is informed that physicians take too great fees of their patients, that some through ignorance, and some through covetousness give ill compounded medicines and pernicious drugs: no doubt but the king, by the advice of understanding men, may forbid the use of such drugs as are found pernicious to his subjects, and may regulate not only the fees, but the compositions and attendances of physicians. But if he should command, that a man in a fever, or dropsy, or consumption, shall have no medicine, but this or that, and so oft, and in such or such a dose, and with such or such a diet; and the physicians whom my reason bindeth me to trust, (and perhaps my own experience also,) do tell me that all these things are bad for me, and different tempers and accidents require different remedies, and that I am like to die, or hazard my health, if I obey not them contrary to the king's commands, here I should rather obey my physicians: partly, because else I should sin against God, who commandeth me the preservation of my life; and partly, because this matter more belongeth to the physician, than to the

• Bilson, p. 399. saith, The election of bishops in those days belonged to the people, and not the prince, and though Valens by plain force placed Lucius there, yet might the people lawfully reject him as no bishop, and cleave to Peter their right pastor.

magistrate. Mr. Richard Hooker, Eccles. Polit. lib. viii. pp. 223, 224., giveth you the reason more fully P.

Direct. xxv. Give not the magistrate's power to any other; whether to the people, on pretence of their 'majestas realis,' (as they call it,) or to the pope, or prelates, or pastors of the church, upon pretence of authority from Christ, or of the distinction of ecclesiastical government and civil.' The people's pretensions to natural authority, or real majesty, or collation of power, I have confuted before, and more elsewhere. The pope's, prelate's, and pastor's power of the sword in causes ecclesiastical, is disproved so fully by Bishop Bilson ubi supra,' and many more, that it is needless to say much more of it%. All Protestants, so far as I know, are agreed that no bishop or pastor hath any power of the sword, that is, of coercion, or force upon men's bodies, liberties, or estates, except as magistrates derived from their sovereign. Their spiritual power is only upon consenters, in the use of God's Word upon the conscience, either generally in preaching, or with personal application in discipline. No courts or commands can compel any to appear or submit, nor lay the mulct of a penny upon any, but by their own consent, or the magistrate's authority. But this the Papists will few of them confess: for if once the sword were taken from them, the world would quickly see that their church had the hearts of few of those multitudes, whom by fire and sword, they forced to seem their members; or at least, that when the windows were opened, the light would quickly deliver poor souls from the servitude of those men of darkness. For then few would fear the unrighteous excommunications of mere usurpers. It is

P Too many particular laws about little matters breed contention. Alex. Severus would have distinguished all orders of men by their apparel: sed hoc Ulpiano, et Paulo displicuit; dicentibus plurimum rixarum fore, si faciles essent homines ad injurias. And the emperor yielded to them. Lamprid. in Alex. Severus. Lipsius, ubi leges multæ, ibi lites multæ, et vita moresque pravi. Non multæ leges bonos mores faciunt, sed paucæ fideliter servatæ.

4 N. B. Quæ habet Andrews Tort. Tort. p. 310. juris exterior, clavis proprie non sit: eamque vos multis in sorte sunt, exortes sane sacri ordinis universi.

Quando et apud vos dictio sæpe mandatis, qui laicorum

'Lege Epist. Caroli Calvi ad Papam inter Hincmari Rhemensis Epistolas Cont. Papæ Usurpationes. Isidor. Hispal. sent. iii. cap. 51. Cognoscant principes seculi Deo debere se rationem reddere propter ecclesiam quam a Christo tuendam suscipiunt. Nam sive augeatur pax et disciplina ecclesiæ per fideles principes, sive solva

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a manifold usurpation by which their kingdom is upheld. (For a kingdom it is rather to be called than a church.) 1. They usurp the power of the keys or ecclesiastical government over all the world, and make themselves pastors of those churches, which they have nothing to do to govern. Their excommunications of princes or people, in other lands or churches that never took them for their pastors, is an usurpation the more odious, by how much the power usurped is more holy, and the performance in so large a parish as the whole world, is naturally impossible to the Roman usurper. 2. Under the name of ecclesiastical jurisdiction, they usurp the magistrate's coercive power in such causes as they call ecclesiastical. 3. Yea, and they claim an immunity to their clergy from the civil government, as if they were no subjects of the king, or the king had not power to punish his offending subjects. 4. In ordine ad spiritualia,' they claim yet more of the magistrate's power. 5. And one part of them give the pope directly in temporals a power over kings and kingdoms. 6. Their most eminent divines do ordinarily maintain, that the pope may excommunicate kings and interdict kingdoms, and that an excommunicated king is no king, and may be killed. It is an article of their religion, determined of in one of their approved general councils, (Later. sub. Innoc. III. Can. 3.) That if temporal lords will not exterminate heretics from their lands, (such as the Albigenses, that denied transubstantiation, mentioned can. 2.) the pope may give their dominions to others, and absolve their vassals from their fealty. And when some of late would have so far salved their honour, as to invalidate the authority of that council, they will not endure it, but have strenuously vindicated it; and indeed whatever it be to us, with them it is already enrolled among the approved general councils. Between the Erastians who would have no government, but by magistrates, and the Papists, who give the magistrate's power to the pope and his prelates, the truth is in the middle; that the pastors have a

tur, ille ab eis rationem exigit, qui eorum potestati suam ecclesiam credidit. Leo Epist. ad Leonem Imp. Debes incunctanter advertere, regiam potestatem, tibi non solum ad mundi regimen, sed maxime ad ecclesiæ præsidium esse collatam. See the judgment of J. Parisiensis, Franciscus Victoria, and Widdrington in Grot. de Imper. p. 23. Lege Lud. Molinaei Discourse of the Powers of Cardinal Chigi .