call fynods, and to do every thing that appeared neceffary ART. to them, for the good government of the Church in their XXXVII. dominions.

When Charles the Great was reftoring thofe things that had fallen under much diforder in a courfe of fome ignorant and barbarous ages, and was reviving both learning and good government, he published many Capitulars, a great part of them relating to ecclefiaftical matters; nor was any exception taken to that in thofe ages: the fynods that were then held were for the greateft part mixed affemblies, in which the temporalty and the fpiritualty fate together, and judged and decreed of all matters in common. And it is certain, that fuch was the Sanhedrim among the Jews in our Saviour's time; it was the fupreme court both for fpirituals and temporals.

In England our Princes began early, and continued long to maintain this part of their authority. The letters that are pretended to have paffed between King Lucius and Pope Eleutherius, are very probably forgeries; but they are ancient ones, and did for many ages pass for true. Now a forgery is generally calculated to the fenfe of the age in which it is made. In the Pope's letter, the King is called God's Vicar in his kingdoms; and it is faid to belong to his office, to bring his fubjects to the holy Church, and to maintain, protect, and govern them in it. Both Saxon and Danish Kings made a great many laws about ecclefiaftical matters; and after the Conqueft, when the nation grew into a more united body, and came to a more settled conftitution, many laws were made concerning these matters, particularly in oppofition to thofe practices that favoured the authority that the Popes were then affuming; fuch as appeals to Rome, or Bífhops going out of the kingdom without the King's leave. King Alfred's laws were a fort of a text for a great while; they contain many laws about facred matters. The exempting of monafteries from epifcopal jurifdiction was granted by fome of our Kings at firft. William the Conqueror, to perpetuate the memory of his victory over Harold, and to endear himfelf to the Clergy, founded an abbey in the field where the battle was fought, called Battle-Abbey: and in the charter of the foundation, in imitation of what former Kings had done in their endowments, this claufe was put; It shall be alfo free and quiet for ever from all fubjection to Bishops, or the dominion of any other perfons. This is an act that does as immediately relate to the authority of the Church, as any one that we can imagine. The Conftitutions of Clarendon were afferted by both King and Par

liament,

ART. liament, and by the whole body of the Clergy, as the anXXXVII. cient customs of the kingdom. These relate to the Clergy, and were fubmitted to by them all, Becket himself not excepted, though he quickly went off from it.

It is true, the papacy got generally the better of the temporal authority, in a courfe of feveral ages; but at laft the Popes living long at Avignon, together with the great fchifm that followed upon their return to Rome, did very much fink in their credit, and that stopped the progrefs they had made before that time; which had probably fubdued all, if it had not been for thofe accidents. Then the Councils began to take heart, and refolved to affert the freedom of the Church from the papal tyranny. Pragmatic fanctions were made in feveral nations to affert their liberty. That in France was made with great solemnity in these the Bishops did not only affert their own jurifdiction, independent in a great measure of the papacy, but they likewife carried it fo far as to make themfelves independent on the civil authority, particularly in the point of elections. This difpofed Princes generally to enter into agreements with the Popes; by which the matter was fo tranfacted, that the Popes and they made a divifion between them of all the rights and pretenfions of the Church. Princes yielded a great deal to the Popes, to be protected by them in that which they got to be referved to themfelves. Great reftraints were laid both on the Clergy, and likewife on the fee of Rome, by the appeals that were brought into the fecular courts, from the ordinary judgments of the ecclefiaftical courts, or from the bulls or powers that legates brought with them. A diftinction was found that feemed to fave the ecclefiaftical authority, at the fame time that the fecular court was made the judge of it. The appeal did lie upon a pretence that the ecclefiaftical judge had committed fome abuse in the way of proceeding, or in his fentence. So the appeal was from that abufe, and the fecular court was to examine the matter according to the rules and laws of the Church, and not according to the principles or rules of any other law: but upon that they did either confirm or reverfe the fentence. And even thofe Princes that acknowledge the papal authority, have found out diftinctions to put fuch ftops to it as they please; and so to make it an engine to govern their people by, as far as they think fit to give way to it; and to damn fuch bulls, or void fuch powers, as they are afraid of.

Thus it is evident, that both according to Scripture, and the practice of all ages and countries, the Princes of

Chriften

Christendom have an authority over their fubjects in mat- ART. ters ecclefiaftical. The reafon of things makes alfo for XXXVIL this; for if any rank of men are exempted from their jurifdiction, they muft thereby ceafe to be fubjects: and if any fort of caufes, fpiritual ones in particular, were put out of their authority, it were an eafy thing to reduce almost every thing to fuch a relation to jpirituals, that if this principle were once received, their authority would be very precarious and feeble. Nothing could give Princes ftronger and jufter prejudices against the Chriftian religion, than if they faw that the effect of their receiving it must be the withdrawing fo great a part of their fubjects from their authority; and the putting as many checks upon it, as thofe that had the management of this religion fhould think fit to restrain it by. In a word, all mankind must be under one obedience and one authority. It remains that the measures and the extent of this power be rightly stated.

It is certain, firft, that this power does not depend upon the Prince's religion; whether he is a Chriftian, or not; or whether he is of a true or a falfe religion; or is a good or a bad man. By the fame tenure that he holds his fovereignty, he holds this likewife. Artaxerxes had it as well as either David or Solomon, when the Jews were once lawfully his fubjects; and the Chriftians owed the fame duty to the Emperors while Heathen, that they paid them when Chriftian. The relations of nature, fuch as that of a parent and child, bufband and wife, continue the fame that they were, whatfoever men's perfuafions in matters of religion may be fo do alfo civil relations, mafter and fervant, prince and fubject; they are neither increased nor diminished by the truth of their fentiments concerning religion. All perfons are subject to the Prince's authority, and liable to fuch punishments as their crimes fall under by law. Every foul is fubject to the higher powers: neither is treafon lels treafon, because spoke in a pulpit or in a fermon: it may be more treafon for that than otherwife it would be; because it is fo public and deliberate, and is delivered in the way in which it may probably have the worst effect. So that as to perfons, no great difficulty can lie in this, fince every foul is declared to be fubject to the higher powers.

As to ecclefiaftical caufes, it is certain, that as the ma giftrate cannot make void the laws of nature, fuch as the authority of parents over their children, or of husbands over their wives, fo neither can he make void the law of God: that is from a fuperior authority, and cannot be

ART. diffolved by him. Where a thing is pofitively commandXXXVII. ed or forbid by God, the magiftrate has no other autho

rity but that of executing the laws of God, of adding his fanctions to them, and of ufing his utmoft induftry to procure obedience to them. He cannot alter any part of the doctrine, and make it to be either truer or falfer than it is in itself; nor can he either take away or alter the facraments, or break any of those rules that are given in the New Teftament about them; because in all thefe the authority of God is exprefs, and is certainly fuperior to his. The only queftion that can be made, is concerning indifferent things: for inftance, in the canons or other rules of the Church, how far they are in the magiftrate's power, and in what cafes the body of Chriftians, and of the paftors of the Church, may maintain their union among themselves, and act in oppofition to his laws. It seems very clear, that in all matters that are indifferent, and are determined by no law of God, the magiftrate's authority muft take place, and is to be obeyed. The Church has no authority that she can maintain in oppofition to the magiftrate, but in the executing the laws of God and the. rules of the Gofpel: in all other things, as the acts under his protection, fo it is by his permiffion. But here a great diftinction is to be made between two cafes that may happen: the one is, when the magiftrate acts like one that intends to preserve religion, but commits errors and acts of injuftice in his management: the other is, when he acts like one that intends to deftroy religion, and to divide and distract thofe that profefs it. In the former cafe, every thing that is not finful of itself, is to be done, in compliance with his authority; not to give him umbrage, nor provoke him to withdraw his protection, and to become, instead of a nurfing father, a perfecutor of the Church. But on the other hand, when he declares, or it is vifible that his defign is to deftroy the faith, lefs regard is to be had to his actions. The people may adhere to their paftors, and to every method that may fortify them in their religion, even in oppofition to his invafion. Upon the whole matter, the power of the King in ecclefiaftical matters among us is expreffed in this Article under thofe referves, and with that moderation, that no juft fcruple can lie against it; and it is that which all the Kings, even of the Roman communion, do affume, and in fome places with a much more unlimited authority. The methods of managing it may differ a little; yet the power is the fame, and is built upon the fame foundations. And though the term bead is left out by the Article, yet even that is founded

founded on an expreffion of Samuel's to Saul, as was for- ART. merly cited. It is a figure, and all figures may be ufed XXXVII. either more loosely or more strictly. In the ftrictest sense, as the bead communicates vital influences to the whole body, Chrift is the only head of his Church; he only ought to be in all things obeyed, fubmitted to, and depended on; and from him all the functions and offices of the Church derive their usefulness and virtue. But as bead may in a figure ftand for the fountain of order and government, of protection and conduct, the King or Queen may well be called, the head of the Church.

The next paragraph in this Article is concerning the lawfulness of capital punishments in Chriftian focieties. It has an appearance of compaffion and charity, to think that men ought not to be put to death for their crimes, but to be kept alive, that they may repent of them. Some, both ancients and moderns, have thought that there was a cruelty in all capital punishments, that was inconfiftent with the gentleness of the Gofpel: but when we confider that God, in that law which he himself delivered to the Jews by the hand of Mofes, did appoint so many capital punishments, even for offences against positive precepts, we cannot think that thefe are contrary to justice or true goodness; fince they were dictated by God himfelf, who is eternally the fame, unalterable in his perfections. This fhews that God, who knows moft perfectly our frame and difpofition, knows that the love of life is planted fo deep in our natures, and that it has fuch a root there, that nothing can work fo powerfully on us, to govern and restrain us, as the fear of death. And therefore, fince the main thing that is to be confidered in government is the good of the whole body; and fince a feeble indulgence and impunity may fet mankind loofe into great diforders, from which the terror of feverer laws, together with fuch examples as are made on the incorrigible, will naturally reftrain them; it seems neceffary, for the prefervation of mankind and of fociety, to have recourse fometimes to capital punishments.

The precedent that God fet in the Mofaical Law feems a full juftification of fuch punishments under the Gospel. The charity, which the Gofpel prefcribes, does not take away the rules of juftice and equity, by which we may maintain our poffeffions, or recover them out of the hands of violent aggreffors: only it obliges us to do that in a foft and gentle manner, without rigour or refentment. The fame charity, though it obliges us, as Chriftians, not to keep up hatred or anger in our hearts, but to pardon,