THe subject that I intend to debate at this time, is not, whether Presbyteriall or Independent Government in the Church simply of themselves conside­red, bee most warrantable by divine Authority, but how they stand with relation to the Lawes of this King­dome, for that shall be the compasse of my thoughts at this time; wherein I shall not labour to justifie the Lawes of this Realm by the sacred Rule expresly, [Page 2] for surely some of them Con [...]vall to the people of this Nation, so as it cannot possibly be ruled by any other Law, being Customes made by themselves, [...] Prince being the Low-giver, many Statut [...]s, especially in this Discourse mentioned, being declaratory of these Customes, sworne to by Kings and People; An [...]thema on them pro­nounced that seeke to alter any of the funda­mentall Customes or Laws, Premunire, high Treason by Law. or the most are praeter Scripturas, not Contra, they being laudable con­stitutions generally re­ceived, yea, allowed by Gods Word implicitè, though not explicitè: so that they may be incon­sistent with the Independent Government in the Church so much now contended for, (although we should admit the said jurisdiction warranted by Holy Writ) and yet no blemish to the Civill Magistracy. Come wee then to the point, What say the positive Laws, which are the common Law, or Statutes?

The common Law and Statute in this particular, appear in the Act of 1. Elizabeth 1. for that Act is but declaratory of the ancient common Law, as it was resoved in Cawdries Case by all the Judges of England, not of any new Law in­troductive, The words of that Statute are, That such Juris­diction ecclesiasticall, as by any spirituall or ecclesiasticall power hath heretofore been, or may be lawfully exercised, for the visita­tion The Kings Lawes limit and bound the Ecclesiasticall jurisdiction. 5. E­liz. 23. Co. Iurisd. of Courts, 321. of the ecclesiasticall Estate & Persons, and for Reformation, Order, and Correction of the same, and of all manner of Errors, Heresies, Schisms, abuses, Offences, Contempts and Enormities, shall for ever be united and annexed to the imperiall Crowne of this Realme: and that her Highnesse, her heirs and Succes­sours, shall have power to nominate Commissioners to exercise all Jurisdiction eccesiasticall in the causes before-named &c. So that although the high Commission (grounded upon this Act) be taken away, yet the Jurisdiction still remaineth in the imperiall Crowne, to be dispensed in these causes be­fore named, as the ancient Law of this Land, also in all o­ther causes Ecclesiasticall, the King by his Ecclesiasticall Jud­ges ministreth justice, wherein if a man be injured in any Court, he may have redresse, by Appeale to a higher Juris­diction, and for default of Justice in the Ecclesiasticall [Page 3] Courts, last of all to the King, as supreme, in his High Court of Chancery, as appeareth by the Act of 25. H. 8. cap. 19.

See here justice subordimately ministred, and the King or civill Magistrate in all Causes Ecclesiasticall supreme in point of Jurisdiction.

Now that the Independent Government in the Church takes away all In civill causes as well as others, un­till the offendor be cast out of the Church, and then you may appeale to the civill Magi­strate, not before; in matters of per­sonall injury onely, not in matter of scandall.Appeals in matters pertaining to their cog [...]izance, I suppose needeth no proofe at all, it is so clear: Their very title and name intimates as much, they are In­dependent, viz. they depend upon no other Court of Ju­stice, to give account of their Actions judicially by Appeal or otherwise. They stand not at Caesars Judgement-seat, that is, the temporall Magistracy, they are like the great Potentates of the Earth, accountable to none but God, in case injustice be found in their judgements; if in their wis­domes errour appeare (as Humanum est errare) you may fill Iustification of In­dependency by Chidley. the skies with complaints bootlesse. If any shall be censu­red in their Judicatories, for prophanation of the Sabboth, by working on that day, tipling in Ale-houses, or the like, if he be injured, he cannot have justice elsewhere, whereas the Ecclesiasticall and Statute Law in those cases give Ap­peale, as appeares by 25. H. 8. before mentioned, 4. Jacob. 5. 3. Caroli 1. In all which cases, if he be proceeded against by Censure Ecclesiasticall, or Temporall, he hath remedy by Appeale, errour, or other legall course to right himselfe if injured.

If in Doctrine or Discipline, this Independent Gover­nour with his Assistants shall be hereticall, erroneous, or scandalous to the Government, or any particular person▪ no remedy, but as it is truly said of the Divine Majestie, Con­fugiendum à Domino i [...]to ad Dominū placatum. Whereas by 2. H. 4. 15. 13. Eliz. 12. he is to be censured for heresie by the Bishop of the Diocesse, and to be delivered to the se­cular power to be burned. And if he shall maintaine any Doctrine contrary, or repugnant to the Articles of the Church of England, and penist therein, he is to be depri­ved [Page 4] of all his Ecclesiasticall promotions, and further to be punished by the Ecclesiasticall Law, as appeares by 13. Eliz. aforesaid.

If he shall preach any Doctrine scandalous to the Civil Government, he may be indicted at Common Law, and punished according to the quality of the Crime: In all which cases, there lyeth remedy by Error, or Appeale.

See now, at one view, how many Lawes are nullified by this strange and unheard of power, I might instance unto See C [...]vvd [...]ies case, where they are recited. you throughout all matters, of which the Ecclesiasticall Ju­risdiction hath cognizance, Ancient, or Moderne, the same mischiefs follow; no Appeal, no Redresse.

Besides the Common Law and Statutes many and nume­rous depending upon the Ecclesiasticall Law, corroborating, strengthening, or assisting, woven and interlaced with them, are all at one blow cut off, and destroyed.

Also the Common Law Courts ( à fortiori, then the High Court of Parliament) have supreme Power in moderating the exorbitancies of the Spirituall Jurisdiction, if the Spi­rituall Courts incroach upon the Common Law, yea upon one another, (as it hath been too familiar of late times es­pecially) See before, he is free in all cases, so long as he conti­nues in the bro­therhood. the Kings-Bench, or Common Pleas, by prohibi­tion, have power to curb, and restrain them, although the Common Law holdeth no Plea of them.

I need not to give you some examples, the Law is so plentifull herein: I believe Independency frees from the If they will not cast out of their Society a hainou [...] offender against the lawes, what reme­dy? Power of the Civill Magistrate in Matters, Coram non Ju­dice, as the Law saith, as well as in Causes, within their cognizance.

But peradventure it may be objected, their Power shall bee regulated, their Jurisdiction shall be knowne, and if Vpon the point they will assume all d [...]spensati [...]n of justice in all cases to themselves, and the civill Magistracy shall be contempti­ble. they exceed their limits, they shall be under Censure of the Law.

If this should be admitted, (which how true it may be I know not) yet in causes pertaining unto them, it will not be so, they will grant no dependency upon the Temporall State in matters Ecclesiasticall; the Common Law nor Par­liament [Page 5] shall have nothing to do with their judge­ments, which supreme Power hath been by great Antiquity invested both in the Common Law, and in the High Court of Parliament; yea, al­though in things pertaining to spirituall Jurisdi­ction, and the ground of this, you shall see pre­sently.

I will cite you but two Statutes, by which you See the pr [...]mble of the said Act of 21. H. 8. Parlia­ments have power not onely to dis­pense, but to abro­gate, adnull, am­plifie or di [...]sh all human [...], Ecclesiasti­call, or Temporall lawes, by naturall equity and good reason. shall perceive that both in Doctrine and Disci­pline in the Church, the supreme Power hath rest­ed in the civill Magistrate, and doth so continue to this day: the one is 25. H. 8. 21. granting the Parliament power to enact any thing not repug­nant to Holy Writ, yea even in matters of Faith, and Doctrine in the Church, also note the words of this Act further, viz.

‘ Not minding to seeke for any reliefes, suc [...]ours, or Nota. remedies for any wordly things and humane Laws, in any cause of necessity, but within this Realme, at the hands of your Highnesse, your Heires, and Successours Kings of this Realme, which have, and ought to have an imperiall Power and Authority in the same, and not obliged in any worldly causes to any other Superiour.’

Where observe the largenesse of the words, ( Humane Lawes) comprizing whatsoever in Do­ctrine not repugnant to Scripture, or Discipline, for the Government of the Church, by the King, and his great Councell, the Parliament, shall bee judged expedient; as you may see in another branch of this Act immediately fore-going it must be intended, (The King) viz. in his politike [Page 6] capacity conj [...]yned, and united with his High What will become of independent Sy­nods, if no Synod be to be called but by the civill power? Court of Parliament, for so are the expresse words of that branch, giving the King Power with the Nobles and Subjects, and so must of necessity the second branch be interpreted; the other Act is 25. H. 8. 19. enacting no Constitutions Ecclesiasticall of force, or to be of force, without the royal assent; None to be made in fut. without leaue. and that none be executed repugnant to the Lawes of this Realme,

What now becomes of this Independent-Go­vernment, Those already made to be perused by the Parliament. if it be contrary to the Lawes of this Realme, (as it is manifest it is) unlesse you de­stroy Co. Iurisd. of Co. tit. Convocation. the Kings Ecclesiasticall or Temporall, or Civill Lawes, yea the great mulcts added by the Lawes of this Land, by way of assistance, or cor­robation to many spirituall offences by fine, and imprisonment, death, &c. ut poena ad paucos, metus ad omnes perveniat; wholly lost, and taken away by this new frame of Government; for sure this Independent State will never demand that Power, since no Ecclesiasticall Jurisdiction ever of right enjoyed it: I meane the Power to fine, and impri­son, onely Power of imprisonment granted to Bi­shops, and others, having Episcopall Jurisdiction, and that of Priests only, but still the power of Ap­peal saved by 1. H. 7. 4.

What will also become of their power of Ex­communication, Major or Minor, unles they crave aid of the Civill Magistrate, to have a Writ of Ex­communicato Capiendo, who will regard their ex­communication, it will be but contemptible with­out [Page 7] the Lawes of this Realme, to aid and assist them: Thus you see they enervate halfe the Laws of this Kingdome, yea their owne strength, as for­merly I have shewed you by this Anarchy, as I may term it.

They make their owne power despicable, being they seeke to abrogate those Lawes which do and must strengthen and assist their Jurisdiction, unlesse you will say they shall have that vast Power of fine and imprisonment before-mentioned, which surely will never be granted unto them; for that were Misera Servitus, that a mans body sh [...]uld rot peradventure with imprisonment, his Salvo Con­tenemeno mentioned in the Laws of this Land so often, destroyed; and yet no Habeas Corpus, the precious liberty of the Subject, in course of Ju­stice, to be obtained, nor any prohibition or legall proceedings, to rectifie these enormities: The Turkish tyranny were as tolerable.

Thus I hope I have plainely proved the Eccle­siasticall State must in all things be (in Doctrine and Discipline) subordinate to the Civill Govern­ment, as before is specified, or else you nullifie and destroy the Lawes and Statutes of this King­dome.

It remainoth now to show you the reason why Parliaments of this Land have alwayes exercised this supreme Power over the Ecclesiasticall State, one reason was, I conceive, because the Civill Law which concerneth much the Ecclesiasticall Jurisdiction here established, used the same power [Page 8] in the time of the Roman Emperours, both before and after they had received the Christian Faith, for the space of three hundred yeares after Christ, and the distinction of spirituall and temporall cau­ses in point of Jurisdiction was not then known, but all Power was in the Civill Magistrate. But afterwards out of a zeale they had to grace and Se [...] Ridley in his view, 115, 116, 117. honour the godly, and learned Bishops of that time, they were pleased to single out certaine spe­ciall causes, wherein they granted Jurisdiction unto the Bishops, namely in cases of Tithes, be­cause they were paid to men of the Church: in causes of Matrimony, because Marriages were for the most part solemnized in the Church; in cau­ses Testamentary, because Testaments were many times made in extremis, when Church-men were present, and therefore they were thought the fit­test persons to take the probate of such Testa­ments.

Howbeit these Bishops did not proceed in these causes according to the Canons and Decrees of the Church (for the Canon Law was not then hatched or dreamt of) but according to the Rules of the imperiall Law, as the Civill Magistrate did proceeed in other causes, neither did the Em­perours in giving this Jurisdiction unto them give away their owne supreme, and absolute power to correct, and punish the Judges as well as others, if they performed not their severall duties. This then is most certain, that the Primitive Jurisdicti­on in all these causes was in the civill Magistrate, [Page 9] and so in right it remaineth at this day: and though it be derived from him, it remaineth in him as a Fountaine: for, every Christian Monarch, as well as the godly Kings of Juda, is Custos utri­usque Tabulae, and consequently hath power to pu­nish, not onely Treason, Murder, Theft, and all manner of force and fraud, but also Incest, Adul­tery, Perjury, Usury, Symony, Sorcerie, Idola­try, Blasphemy; neither are these causes, in re­spect of their owne quality or nature, to be distin­guished one from another by the names of Spiri­tuall, or Temporall: For, why is Adultery a spi­rituall cause rather then Murder, when they are both offences against the second Table? or Ido­latry rather then Perjury, being both offences a­gainst the first Table? And truly, they were not so called from the nature of the Causes, but from the quality of the Persons, viz. The Clergy be­ing men intended to live secundum Spiritum, whom the Prince made his subordinate Judge in these Causes; and this distinction of Temporall and Spirituall Causes began first in the Church of Nota. Rome, where the Clergy having (by this Jurisdi­ction) got great wealth, their wealth begot pride, their pride ingratitude towards Princes who first gave them their Jurisdiction, and then, according to the nature of all ungratefull persons, they went about to extinguish the memory of the benefit; for, whereas their Jurisdiction was first derived from Caesar, in the execution where of they were Caesars Judges, so as both their Courts and [Page 10] Causes ought still to have born Caesars Image and Superscription, as belonging unto Caesar, they blotted Cae [...]ars name out of the Stile of their Courts, and called them Courts Christian, as if the Courts holden by other Magistrates, had been b [...]t Courts of Ethnicks, in comparison; and the Causes which were meerly Civill in their nature, they called Spirituall, or Ecclesiasticall; so as, if the Emperours should againe challenge their Courts and Causes, and say, Reddite Caesari qua sunt Caesaris, they would all cry out on the other part, and say, Date Deo quae sunt Dei. Our Courts beare the Name and Title of Christ, the Super­scription of Caesar is quite worne out, and not to be found upon them: And this point of their po­licy is worth the observing, That when they found their Jurisdiction in Matrimoniall Causes to be most sweet, and gainfull of all other, (for, of Ma­trimoney they made matter of Money indeed) to the end, that Caesar might never resume so rich a perquisite of their Spirituall Jurisdiction, they reduced it into the number of the seven Sacra­ments: After which time it had been Sacriledge, if the Civill Magistrate had intermedled with the least matters that had relation to Matrimony, or a­nie dependency thereupon. Hac ille.

Thus you see the power of the Civill Magi­strate supreme over the Ecclesiasticall State, and some grounds and reasons of it cleered, many o­ther might be given, but I think I have said e­nough.

[Page 11]Now to draw to con­clusion. They exempt not onely the Clergie, but all the brotherhood, not onely in criminall cases, but in civill also, untill be be cast out of the society or brotherhood Thus you see they ex­ceed the Romish Church. Indeed (as to me it seemeth) this Indepen­dent Government in the Church is derived from Note. They will erect ten thousand Indicatories in England, and as many Doctrines, whereas the Do­ctrine of the Church of England ought to be one and the same, 21 H. 8. 21. 13. Eliz. 12. the Church of Rome, who have alwaies in all a­ges laid this as the foun­dation of their pride, where they have prevailed, to exempt the Church and Clergie from secular power, attempted in England, even of late times, in the time of King Henry the eighth, by the Clergie here in matters criminall, as appeareth in the legall reports of Ke­loway, and in the times of other Kings practised more ancient, as Henry the third, and others.

Thus briefly liberavi animam meam, let every man use his liberty in censure, Utere tuo judicio, ni­hil enim impedio. My wish is, that they which sit in the high places would well weigh the premises, and do that which is consistent with this Govern­ment, whose proceedings we pray may be prospe­rous; yea we wish unto them good luck in the name of the Lord.