West Port Experiment

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The following selections are taken from George Gillespie’s Aaron’s Rod Blossoming (1646).

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7. That there is a distinction between Magistracy and Ministery, even Jure Divino. That the civill Magistrate hath not power to abolish or continuate the Ministery in abstracto at his pleasure; nor yet to make or unmake Ministers in concreto, that is, to ordain or depose Ministers, as he thinks fit.

    8. As the Offices are distinct (g) so is the power; Magistrates may do what Ministers may not doe: and Ministers may doe what Magistrates may not do.

    9. It is Juris Communis, a principle of common equity and naturall reason, that the directive Judgement in any matter doth chiefly belong to such as (by their profession and vocation) are devoted and set apart to the study and knowledge of such matters, and (in that respect) supposed to be ablest and fittest to give Judgement thereof. A consultation of Physicians is called for, when the Magistrate desires to know the nature, symptomes, or cure of some dangerous disease. A consultation of Lawyers, in Legall questions. A Councell of War in military expeditions. If the Magistrate be in a ship at Sea, he takes not on him the directive part of Navigation, which belongs to the master, with the mates and pilot. Neither doth the master of the ship (if it come to a Sea-fight) take on him the directive part in the fighting, which belongs to the Captain. And so in all other cases, Artifici in sua arte credendum. Wherefore though the Judgement of Christian prudence and discretion belongs to every Christian, and to the Magistrate in his Station; and though the Magistrate may be, and sometime is learned in the Scriptures, and well acquainted with the principles of true Divinity, yet ut plurimum, and ordinarily, especially in a rightly Reformed and well constituted Church, Ministers are to be supposed to be fittest and ablest to give a directive Judgement in things and causes Spirituall and Ecclesiasticall: with whom also other ruling Church-Officers do assist and joyne, who are more experimentally and practically (they ought also, and diverse times are more Theoretically) acquainted with the right way and rules of Church-government and censures; then the civill Magistrate (when he is no ruling Elder in the Church, which is but accidentall) can be rationally or ordinarily supposed to be.

    10. There is some power of Governement, in the Church given to the Ministery by Christ: else why are they said to be set over us in the Lord, and called Rulers and Governours, as we shall see afterward?

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Finally, The Presbyteriall Government hath no such liberty nor arbitrarinesse, as Civill or Military Government hath: there being in all civill or temporall affairs a great deal of latitude left to those who manage the same, so that they command nor act nothing against the Word of God. But Presbyteriall Government is tyed up to the rules of Scripture, in all such particulars as are properly spirituall and proper to the Church; Though in other particular, occasional circumstances of times, places, accommodations, and the like, the same light of nature and reason guideth both Church and State; yet in things properly Spirituall and Ecclesiasticall, there is not near so much latitude left to the Presbytery, as there is in civill affairs to the Magistrate.

And thus I have made good what I said, That Presbyteriall Government is the most limited and least arbitrary Government of any other. All which Vindication and clearing of the Presbyteriall Government, doth overthrow (as to this Point) Master Hussey’s Observation, pag. 9. of the irregularity and arbitrarinesse of Church-government. And so much of my fourth Conclusion.

The fifth shall be this: ‘Tis far from our meaning, that the Christian Magistrate should not meddle with matters of Religion, or things and causes Ecclesiasticall; and that he is to take care of the Common-wealth, but not of the Church. Certainly there is much power and Authority which by the Word of God, and by the Confessions of Faith of the Reformed Churches, doth belong to the Christian Magistrate in matters of Religion. Which I do but now touch by the way, so far as is necessary to wipe off the aspersion cast upon Presbyteriall Government. The particulars I refer to Chapter 8.

Our sixth Conclusion is, That in extraordinary cases, when Church-government doth degenerate into tyranny, ambition, and avarice; and they who have the managing of the Ecclesiastical power, make defection and fall into manifest Heresy, Impiety, or Injustice, (as under Popery and Prelacy it was for the most part:) then, and in such cases (which we pray and hope we shall never see again) the Christian Magistrate may and ought to do diverse things in and for Religion, and interpose his Authority diverse ways, so as doth not properly belong to his cognizance, decision, and administration, ordinarily, and in a Reformed and well constituted Church. For extraordinary diseases must have extraordinary remedies. More of this before.

A seventh Conclusion is this: The Civil Sanction added to Church-government and Discipline, is a free and voluntary Act of the Magistrate. That is, Church-government doth not necessitate the Magistrate to add, assist, or corroborate the same, by adding the strength of a law. But the Magistrate is free in this, to do or not to do, to do more or to do less, as he will answer to God and his own conscience: it is a cumulative Act of favour done by the Magistrate. My meaning is not, that it is free to the Magistrate, in genere moris; but in genere entis. The Magistrate ought to add the Civil Sanction hic & nunc, or he ought not to do it. It is either a duty, or a sin; it is not indifferent. But my meaning is, The Magistrate is free herein from all coaction, yea from all necessity and obligation, other than ariseth from the Word of God, binding his conscience. There is no power on Earth, Civil or Spiritual, to constrain him. The Magistrate himself is his own Judge on Earth, how far he is to do any cumulative Act of favour to the Church. Which takes off that calumny, that Presbyterial Government doth force or compel the conscience of the Magistrate. I pray God we may never have cause to state the Question otherwise, I mean, concerning the Magistrate his forbidding what Christ hath commanded, or commanding what Christ hath forbidden: in which case we must serve Christ and our consciences, rather then obey.

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Tenthly: They differ in a divided execution. That is, the Ecclesiasticall power ought to censure sometime one whom the Magistrate thinks not fit to punish with temporall or civil punishments: And again, the Magistrate ought to punish with the temporall Sword, one whom the Church ought not to cut off by the Spirituall Sword. This difference Pareus gives, Explic. Catech. quaest. 85. art. 4. and it cannot be denied: For those that plead most for Liberty of conscience, and argue against all civil or temporal punishments of Hereticks, do notwithstanding acknowledge, that the Church whereof they are Members ought to censure and excommunicate them, and doth not her duty except she do so. The Church may have reason to esteem one as an Heathen and a Publican that is no Church-Member, whom yet the Magistrate in prudence and policy doth permit to live in the Common-wealth. Again, the most notorious and scandalous sinners, blasphemers, murtherers, adulterers, incestuous persons, robbers, &c. when God gives them repentance, and the signes thereof do appear, the Church doth not binde but loose them, doth not retain but remit their sins; I mean ministerially and declaratively. Notwithstanding the Magistrate may and ought to do Justice according to Law, even upon those penitent sinners.

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    I further explane my self by that common distinction, that there are two sorts of things that belong to the Church, τὰ ἔσω and τὰ ἔξω, things inward, and things outward. For Church-Officers and Church-members do consist (as other men) of a soul, and of a body. All things properly belonging to the soul or internall man, (which here we call things inward) are the object of Ecclesiasticall power given to Church-officers, Pastors, and other ruling officers. But what belongs to the outward man, to the bodies of Church-Officers and members (which things are outward) the judging and managing thereof, is in the hand of the Magistrate, who ruleth not onely τῶν ἔξω, those that are without, whom the Church judgeth not, but τὰ ἔξω τῆς ἐκκλησίας, the things outward of the Church. Salmasius calls the power of the Magistrate in things Ecclesiasticall ἐξωτερικὴ ἐπισκοπή, the outward Episcopacy or overseeing. Which well agreeth with that which Constantine said to the Bishops, ὑμεῖς μὲν τῶν ἔσω τῆς ἐκκλησίας, ἐγὼ δὲ τῶν ἔξω. You are made Bishops of the inward things of the Church, I of the things outward. So that he doth not assume their government, but distinguisheth his from theirs. This externall inspection and administration of the Magistrate, in reference to Religion, is twofold. 1. Corrective, by externall punishments. 2. Auxiliary, by externall benefits and adminicles. The Magistrate may and ought to be both Custos & vindex utriusque Tabulae, he ought to preserve both the first and second Table of the holy and good Law of God, from being despised and violated, and punish by corporall or other temporall punishments such (whether Church-Officers or Church-members) as openly dishonour God by grosse offences, either against the first or against the second Table; and this he doth as Gods Deputy and Vicegerent subordinate and subservient to that universall dominion which God almighty exerciseth over the children of men. But in doing hereof, he is also helpfull and usefull to the Kingdom of Christ as Mediator; Magistracy being (in the respects aforesaid) serviceable and profitable (as to order the Common-wealth aright, so also) to purge the Church of scandals, to promote the course of the Gospel, and the edification of one another. But how? not perfectly, but pro tanto; not every way, but more suo; not intrinsically, but extrinsically; not primarily, but secondarily; not directly, but ex consequenti; not sub formalitate scandali, sed sub formalitate criminis, not under the notion of scandall, but of crime; The Magistrate in punishing all crimes committed by any in the Church (which are contrary to the Law of God) in suppressing tumults, disorders, in protecting the Church from danger, harme, or molestation, in putting a hook in the nostrils, and a bridle in the mouthes of unruly, obstinate, and contumacious sinners, who vexe the Church, and create trouble to the people of God; in so doing, he doth by consequence, and removendo prohibens, purge the Church, and advance the Kingdom of Christ, and the course of the Gospel: In the mean while not depriving the Church of her owne intrinsicall power and Jurisdiction, but making it rather more effectuall by the aid of the secular power. And so much of the corrective part of the Magistrates administration. The other part of his administration in reference to Religion, is auxiliary, or assistant to the Church. For the Magistrate watcheth over the outward businesse of the Church, not onely by troubling those persons, and punishing those sins that trouble the Israel of God; but by administring such things as are necessary for the well being and comfortable subsistence of the Church, and for that end, doth convocat Synods pro re nata, (beside the ordinary and set meetings) and presideth therein (if he please) in externall order, though not in the Synodicall debates and resolutions: He addeth his civill sanction to the Synodicall results, if he find nothing therein which may hurt Peace or Justice in the Common-wealth. The Magistrate ought also to take care of the maintenance of the Ministery, Schooles, poor, and of good works for necessary uses; that Religion and Learning may not want their necessary adminicles. Finally, He ought to take care that all Churches be provided with an able, orthodox, and Godly Ministery, and Schooles with learned and well qualified Teachers, such as shall be best approved by those to whom it belongeth to examine and Judge of their qualifications and parts. And all these wayes the Magistrate ought to be, and the well affected Magistrate hath been and is a nursing Father to the Church of Christ.

    2. My second distinction shall be this: The Magistrate may and ought not onely to conserve Justice, peace and order in the Common-wealth, and in the Church, as it is in the Common-wealth, but also to take speciall care of the conservation of the true Reformed Religion, and of the Reformation of it when and wherein it needeth to be reformed; imperative, not elicitive. The Magistrate saith Dr. Rivet on the Decalogue, pag. 262. is neither to administer Word, nor Sacraments, nor Church discipline, &c. but he is to take care that all these things be done by those whom God hath called thereunto. What ever is properly spirituall belonging to the soul and inward man (such as Church-censures, and the other particulars before mentioned) cannot be actus elicitus of the Magistrate: The Magistrate can neither immediatione suppositi, nor immediatione virtutis, determine controversies of faith, ordain Ministers, suspend from the Sacraments, or excommunicate. He can neither doe these things himself; nor are they done in the name and authority of the Magistrate or by any Ministeriall power received from him, but in the name and authority of Jesus Christ, and by the power given from Jesus Christ. Yet all these and generally the administration of the keyes of the Kingdom of heaven, are actus imperati of the Christian Magistrate, and that both antecedenter and consequenter. Antecedently, the Magistrate may command Church-officers to suspend or excommunicate all obstinate and scandalous scandalous persons; he may command the Classis to ordain able and godly ministers, and no other: he may command a Synod to meet, to debate and determine such or such a controversie. Consequently also, when the thing is examined, judged, resolved, or done by the Ecclesiasticall power, the Magistrate hath power and authority to adde his civill sanction, confirmation, or ratification, to make the Ecclesiasticall sentence to be obeyed and submitted unto by all whom it concerneth. In all which the Christian Magistrate doth exceedingly much for the conservation and purgation of Religion: not eliciendo actus, doing or exercising by himself or by his owne authority acts of Church-Government or discipline; but taking care, that such and such things be done by those to whom they do belong.

3. Distinguish the directive part and the coercive part. The directive part, in the conservation or purgation of Religion, doth belong to the Ministers and ruling Officers of the Church assembled together; In administring therefore that which concerneth Religion and peoples spirituall good, the Magistrate not onely juvatur, but dirigitur, is not onely helped, but directed by the Ecclesiasticall directive power; Fest. Hom. Disp. 30. Thes. 6. Magistracy may say to Ministry as Moses said to Hobab; Thou mayest be to us in stead of eyes. Ad sacra Religionis informationem, fidelis Magistratus verbi divini administris, veluti oculis, uti debet; and for that end he is to make use of consistoriall and Synodicall Assemblies say the Professors of Leyden, Synops. pur. Theol. Disp. 50. Thes. 44. But the coercive part, in compelling the obstinate and unruly, to submit to the Presbyteriall or Synodicall sentence, belongs to the Magistrate. Not as if the Magistrate had nothing to do, but to be an executioner of the pleasure of Church-officers, or as if he were by a blind and implicite faith to constrain all men to stand to their determination. God forbid. The Magistrate must have his full liberty to judge of that which he is to compell men to do, to judge of it, not onely judicio apprehensivo, by understanding and apprehending aright what it is, but judicio discretivo, by the judgement of Christian prudence and discretion, examining examining by the Word of God, the grounds, reasons, and warrants of the thing, that he may in Faith, and not doubtingly, adde his authority thereto. In which judging, he doth Judicare, but not Judicem agere: that is, he is judex earum actionum, he judgeth whether he ought to adde his civill authority to this or that which seemeth good to Church-officers, and doth not concur therewith, except he be satisfied in his Conscience that he may do so; yet this makes him not supreme Judge or Governour in all Ecclesiasticall causes, which is the Prerogative of Jesus Christ, revealing his will in his word: nor yet doth it invest the Magistrate with the subordinate ministeriall forensicall directive judgement in Ecclesiasticall things or causes, which belongeth to Ecclesiasticall not to civill Courts.

    4. Distinguish between a Cumulative and a Privative authority. The Magistrate hath indeed an authoritative influence into matters of Religion and Church-Government; but it is cumulative, that is, the Magistrate takes care that Church-officers as well as other Subjects may do those things which ex officio they are bound to do; and when they do so, he aideth, assisteth, strengtheneth, ratifieth, and in his way, maketh effectuall what they do. But that which belongs to the Magistrate is not privative, in reference to the Ecclesiasticall Government. It is understood salvo jure Ecclesiastico: for the Magistrate is a nursing Father, not a step-Father to the Church: and the Magistrate (as well as other men) is under that tye, 2 Cor. 13. 8. We can do nothing against the Truth, but for the Truth. This Proviso therefore is justly made; that whatever power the Magistrate hath in matters of Religion, it is not to hinder the free exercise of Church discipline and censures against scandalous and obstinate sinners.

    As the Casuists in other cases distinguish Lucrum cessans, and damnum emergens, so must we distinguish between the Magistrate his doing no good to the Church, and his doing evill to the Church: between his not assisting, and his opposing: between his not allowing or authorizing, and his forbidding or restraining. It doth properly and of right belong to the Magistrate to adde a civill sanction and strength of a law for strengthening and aiding the exercise of Church discipline, or not to adde it. And himself is Judge whether to add any such cumulative act of favour or not. But the Magistrate hath no power nor authority to lay bands and restraints upon Church-officers to hinder any of Christs ordinances, or to forbid them to do what Christ hath given them a commission to do. And if any such restraints of prohibitions or lawes should be laid on us, we ought to obey God rather than men.

    5. Distingue tempora. Whatever belongs to the Magistrate in matters of Religion, more then falls under the former distinctions, is extraordinary, and doth not belong to ordinary Government. In extraordinary reformations the Magistrate may do much by his owne immediate authority, when Synods have made defection either from the truth of doctrine, or from holinesse and godlinesse: yet in such a case he ought to consult with such orthodox godly Divines as can be had, either in his owne or from other Dominions. Fest. Hon. Disp. 30. Thes. 5.

    And so much be spoken of the Magistrate his power and duty in things and causes Ecclesiasticall. As we do not deny to the Magistrate any thing which the Word of God doth allow him, so we dare not approve his going beyond the bounds and limits which God hath set him. And I pray God that this be not found to be the bottome of the controversie, Whether Magistracy shall be an arbitrary Government; if not in civill, yet in Ecclesiasticall things? Whether the Magistrate may do, or appoint to be done in the matter of Church-Government, admission to, or exclusion from the Ordinances of Christ, what ever shall seem good in his eyes? And whether in purging of the Church he is obliged to follow the rules of Scripture, and to consult with learned and godly Ministers? although Erastus himself (as is before observed) and Sutlivius (a great follower of him) de Presbyter. cap. 8. are ashamed of, and do disclaim such assertions.

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As for the Magistrate, it belongeth to him to bind with the cords of corporall or civill punishments, or to loose and liberate from the same, as he shall see cause according to law and justice. But this doth not belong to the spirituall Kingdome of Jesus Christ; for his Kingdome is not of this world, neither are the weapons thereof carnall but spirituall. And beside the Magistrate may lawfully and sometime doth bind on punishment, when the soule is loosed in Heaven, and the sinne remitted. Again, the Magistrate may lawfully, and sometime doth loose and absolve from punishment, when a mans soule is impenitent, and sinne is still bound upon his conscience. There is no such promise that God will forgive whom the Magistrate forgiveth, or condemne whom the Magistrate condemneth. Neither hath God any where in Scripture committed to the Magistrate the Keyes of the Kingdome of Heaven, or the word of reconciliation, as to the Ambassadours of Christ.

Binding and loosing in the other sense by a dogmaticall authoritative declaration of the will of Christ, is not so principally or directly intended Matth. 18.18. as that other binding and loosing in respect of sinne. Howbeit it is not to be excluded, because the words preceding Vers. 17. mention not onely the execution of Excommunication, Let him be to thee as an Heathen man and a Publican; but also the Churches judgement, and determination of the case, if he neglect to heare the Church, which words implie, that the Church hath declared the will of Christ in such a case, and required the offender to doe accordingly; but he shewing himselfe unwilling and contumacious, as it were saying in his heart, I will breake their bands asunder, and cast away their cords from me, thereupon the promise reacheth to this also, that what the Church hath determined or imposed according to the will of Christ shall be ratified and approved in Heaven.

Now Christ hath no where given a Commission either to every particular Christian, or to the Magistrate, to teach his people to observe all things which he hath commanded them, and authoritatively to determine controversies of faith, or cases of conscience. As in the Old Testament, the Priests lips did preserve knowledge, and they were to seeke the law at his mouth, Mal. 2.7. so in the New Testament the Ministers of Christ have the Commission to make known the counsell of God.

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