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Leviathan
that he challenged a Power either to put to death, imprison, banish, whip, or fine any of them, which are Punishments; but onely to Excommunicate, which (without the Civill Power) is no more but a leaving of their company, and having no more to doe with them, than with a Heathen man, or a Publican; which in many occasions might be a greater pain to the Excommunicant, than to the Excommunicate.

The seventh place is 1 Cor. 4.21. “Shall I come unto you with a Rod, or in love, and the spirit of lenity?” But here again, it is not the Power of a Magistrate to punish offenders, that is meant by a Rod; but onely the Power of Excommunication, which is not in its owne nature a Punishment, but onely a Denouncing of punishment, that Christ shall inflict, when he shall be in possession of his Kingdome, at the day of Judgment. Nor then also shall it bee properly a Punishment, as upon a Subject that hath broken the Law; but a Revenge, as upon an Enemy, or Revolter, that denyeth the Right of our Saviour to the Kingdome: And therefore this proveth not the Legislative Power of any Bishop, that has not also the Civill Power.

The eighth place is, Timothy 3.2. “A Bishop must be the husband but of one wife, vigilant, sober, &c.” which he saith was a Law. I thought that none could make a Law in the Church, but the Monarch of the Church, St. Peter. But suppose this Precept made by the authority of St. Peter; yet I see no reason why to call it a Law, rather than an Advice, seeing Timothy was not a Subject, but a Disciple of St. Paul; nor the flock under the charge of Timothy, his Subjects in the Kingdome, but his Scholars in the Schoole of Christ: If all the Precepts he giveth Timothy, be Laws, why is not this also a Law, “Drink no longer water, but use a little wine for thy healths sake”? And why are not also the Precepts of good Physitians, so many Laws? but that it is not the Imperative manner of speaking, but an absolute Subjection to a Person, that maketh his Precept Laws.

In like manner, the ninth place, 1 Tim. 5. 19. “Against an Elder receive not an accusation, but before two or three Witnesses,” is a wise Precept, but not a Law.

The tenth place is, Luke 10.16. “He that heareth you, heareth mee; and he that despiseth you, despiseth me.” And there is no doubt, but he that despiseth the Counsell of those that are sent by Christ, despiseth the Counsell of Christ himself. But who are those now that are sent by Christ, but such as are ordained Pastors by lawfull Authority? and who are lawfully ordained, that are not ordained by the Soveraign Pastor? and who is ordained by the Soveraign Pastor in a Christian Common-wealth, that is not ordained by the authority of the Soveraign thereof? Out of this place therefore it followeth, that he which heareth his Soveraign being a Christian, heareth Christ; and hee that despiseth the Doctrine which his King being a Christian, authorizeth, despiseth the Doctrine of Christ (which is not that which Bellarmine intendeth here to prove, but the contrary). But all this is nothing to a Law. Nay more, a Christian King, as a Pastor, and Teacher of his Subjects, makes not thereby his Doctrines Laws. He cannot oblige men to beleeve; though as a Civill Soveraign he may make Laws suitable to his Doctrine, which may oblige men to certain actions, and sometimes to such as they would not otherwise do, and which he ought not to command; and yet when they are commanded, they are Laws; and the externall actions done in obedience to them, without the inward approbation, are the actions of the Soveraign, and not of the Subject, which is in that case but as an instrument, without any motion of his owne at all; because God hath commanded to obey them.

The eleventh, is every place, where the Apostle for Counsell, putteth some word, by which men use to signifie Command; or calleth the following of his Counsell, by the name of Obedience. And therefore they are alledged out of 1 Cor. 11.2. “I commend you for keeping my Precepts as I delivered them to you.” The Greek is, “I commend you for keeping those things I delivered to you, as I delivered them.” Which is far from signifying that they were Laws, or any thing else, but good Counsell. And that of 1 Thess. 4.2. “You know what commandements we gave you:” where the Greek word is paraggelias edokamen, equivalent to paredokamen, what wee delivered to you, as in the place next before alledged, which does not prove the Traditions of the Apostles, to be any more than Counsells; though as is said in the 8th verse, “he that despiseth them, despiseth not man, but God”: For our Saviour himself came not to Judge, that is, to be King in this world; but to Sacrifice himself for Sinners, and leave Doctors in his Church, to lead, not to drive men to Christ, who never accepteth forced actions, (which is all the Law produceth,) but the inward conversion of the heart; which is not the work of Laws, but of Counsell, and Doctrine.

And that of 2 Thess. 3.14. “If any man Obey not our word by this Epistle, note that man, and have no company with him, that he may bee ashamed”: where from the word Obey, he would inferre, that this Epistle was a Law to the Thessalonians. The Epistles of the Emperours were indeed Laws. If therefore the Epistle of S. Paul were also a Law, they were to obey two Masters. But the word Obey, as it is in the Greek upakouei, signifieth Hearkening To, or Putting In Practice, not onely that which is Commanded by him that has right to punish, but also that which is delivered in a way of Counsell for our good; and therefore St. Paul does not bid kill him that disobeys, nor beat, nor imprison, nor amerce him, which Legislators may all do; but avoid his company, that he may bee ashamed: whereby it is evident, it was not the Empire of an Apostle, but his Reputation amongst the Faithfull, which the Christians stood in awe of.

The last place is that of Heb. 13.17. “Obey your Leaders, and submit your selves to them, for they watch for your souls, as they that must give account:” And here also is intended by Obedience, a following of their Counsell: For the reason of our Obedience, is not drawn from the will and command of our Pastors, but from our own benefit, as being the Salvation of our Souls they watch for, and not for the Exaltation of their own Power, and Authority. If it were meant here, that all they teach were Laws, then not onely the Pope, but every Pastor in his Parish should have Legislative Power. Again, they that are bound to obey, their Pastors, have no power to examine their commands. What then shall wee say to St. John who bids us (1 Epist. chap. 4. ver. 1.) “Not to beleeve every Spirit, but to try the Spirits whether they are of God, because many false Prophets are gone out into the world”? It is therefore manifest, that wee may dispute the Doctrine of our Pastors; but no man can dispute a Law. The Commands of Civill Soveraigns are on all sides granted to be Laws: if any else can make a Law besides himselfe, all Common-wealth, and consequently all Peace, and Justice must cease; which is contrary to all Laws, both Divine and Humane. Nothing therefore can be drawn from these, or any other places of Scripture, to prove the Decrees of the Pope, where he has not also the Civill Soveraignty, to be Laws.

The Question Of Superiority Between The Pope And Other Bishops The last point hee would prove, is this, “That our Saviour Christ has committed Ecclesiasticall Jurisdiction immediately to none but the Pope.” Wherein he handleth not the Question of Supremacy between the Pope and Christian Kings, but between the Pope and other Bishops. And first, he sayes it is agreed, that the Jurisdiction of Bishops, is at least in the generall De Jure Divino, that is, in the Right of God; for which he alledges S. Paul, Ephes. 4.11. where hee sayes, that Christ after his Ascension into heaven, “gave gifts to men, some Apostles, some Prophets, and some Evangelists, and some Pastors, and some Teachers:” And thence inferres, they have indeed their Jurisdiction in Gods Right; but will not grant they have it immediately from God, but derived through the Pope. But if a man may be said to have his Jurisdiction De Jure Divino, and yet not immediately; what lawfull Jurisdiction, though but Civill, is there in a Christian Common-wealth, that is not also De Jure Divino? For Christian Kings have their Civill Power from God immediately; and the Magistrates under him exercise their severall charges in vertue of his Commission; wherein that which they doe, is no lesse De Jure Divino Mediato, than that which the Bishops doe, in vertue of the Popes Ordination. All lawfull Power is of God, immediately in the Supreme Governour, and mediately in those that have Authority under him: So that either hee must grant every Constable in the State, to hold his Office in the Right of God; or he must not

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that he challenged a Power either to put to death, imprison, banish, whip, or fine any of them, which are Punishments; but onely to Excommunicate, which (without the Civill Power)