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Ellis on Article XXXVII: Of the Civil Magistrates

John Ellis, 1700

Commentaries on Article XXXVII: Rogers (1607)Ellis (1660)Burnet (1699)Beveridge (d. 1708)Welchman (1713)Practical Exposition (1716)Veneer (1725)Madan (1772)Hey (1796)Tomline (1799)Wilson (1821)Jones (1849)Trollope (1850)Browne (1850)Forbes (1867)Boultbee (1871)Maclear & Williams (1895)Green (1896)Gibson (1896)Jackson (1900)Bicknell (1919) · Article 37: text, context and Study

Article XXXVII. Of the Civil Magistrates

The King's Majesty hath the chief power in this Realm of England, and other his Dominions, unto whom the chief Government of all Estates of this Realm, whether they be Ecclesiastical or Civil, in all causes doth appertain, and is not, nor ought to be, subject to any foreign Jurisdiction. Where we attribute to the King's Majesty the chief government, by which Titles we understand the minds of some slanderous folks to be offended; we give not to our Princes the ministering either of God's Word, or of the Sacraments, the which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testify; but that only prerogative, which we see to have been given always to all godly

Princes in holy Scriptures by God himself; that is, that they should rule all estates and degrees committed to their charge by God, whether they be Ecclesiastical or Temporal, and restrain with the civil sword the stubborn and evil-doers.

The Bishop of Rome hath no jurisdiction in this Realm of England.

The Laws of the Realm may punish Christian men with death, for heinous and grievous offences.

It is lawful for Christian men, at the commandment of the Magistrate, to wear weapons, and serve in the wars.

Text: Book of Common Prayer (1662)

Cleaned OCR; [...] marks passages cut for illegibility. See the scan. Text: A Defense of the Thirty Nine Articles of the Church of England, written in Latin by J. Ellis, S.T.D. (Articulorum XXXIX Ecclesiae Anglicanae Defensio, first published 1660), now done into English (London, 1700). Cleaned OCR from the Internet Archive scan of the Early English Books copy; passages too garbled to recover are marked [...]. Public domain.

Ob). 1. King Fehosophat ingenuonsly corifoj ied, that the Priests, and not he, had the chief Power in the Church, 2 Chron. 19. 11. Amariab the Ciict Priest is over you 1n al! Matters of the- Lord. ff . ;

Answ, In 1ftterpreting and adminiftring - of Divine Things, che H:gh-Rgicit was chici and principal ; bur as to the Temporal Govern— mear, he was {ubject ro the Ring.

Obj.;

“8 A Defence of the |

Obj. 2. The Holy Scriptures inform us, that the Gov:rnmentof the Church js in the Hands of the Bishops and Priests, AS. 20.28. 1 Tim. Tr 17: Heb. 13. 17. :

Aiism., The Government was then in the Hands of the Bishops and Priests, . because at that rime the Church had no other Watchmen and Conducters of Souls; bur the Word of God does not exclude other Supporters of the Gospel, such as pious Princes are, whom the Church: has somerimes accounted Guides to promote Piety.

Obj. 3. We find that the Aprftles powerned the C:iurch, Ads 20. 28. Passed Sentence con- cerning Religious Controversies, Acts 15. 6. and inflittedj:ft Punishments upcn Offenders, Advts 5. 3. And therefore the Government of the Church in this Kingdom of England does of Right belong ro the Ministers, and not to the King’s Majesty.

Answ. The Apostles were Ministers extra-

ordinary : And that ancient Srate of the,

Church, wherein there were no Christian Prin- ces, must not be made use of for a constant and standing Rule.

Obj. 4. To Christ was given all Power beth in , Heaven ani Earth, Mart. 28. 18. By which is \

fiznified a Spirirual and an KEarthly Kingdem : But Ciist gave the Keys of bozb to Peter, Mar. 16.19. Now Peter has given his Authority to the Bij.op of Rome , And therefore to this Bi- 1p, as in others, so also in this Kingdom of

England d::s thy Fur. {i:dien belong. Ans.Scmre underitand the atorecited Place of a Spiritual Power: As if Christ had said ; As in Heaven T am the Kinp of Angels and bles- sed $p.rits, so ly Faith Ireign in the Hearts of Meu

SE « _ ts th to am a9 lu.

Thirty Nine Articles. 85

Men. Others interpret this exalted Power ro be given to Christ the Mediaror over all Crea- tures, which could nor be communicated to mere Man. Bur. now in neither of these Senses did Christ give an absolute Power to Peter ; he only gave him a Share in the Ecclesiastical Ministry ; and in the fame Senle the Keys were given to the rest of rhe Apostles, Mae. 13. 18. Besides, could you suppose thar Pezer

| had such a Power given him above the rest of

the Apostles, ir could nor yer be proved, thar the Pope, as being his Succeslor, 1s posseied of the same Authority.

Obj. 5. King John made this Country tribu= tary to the Pope.

Answ. King Fohn unwillingly and our of Fear made England tributary to the Pope, and because it was to the Prejudice of the King- dom, and his Successors, Henry his Son, with the chiet Estates of the Realm, protested a-

.. gainst this Donation; nay, and threatned

that rhey would defend themselves by Arms against rhe Temporal Jurisdiction of the Pope, as appears by our English Annals.

Obj. 6. Against the latter part of this Article

Pris objected, that Theft is a grievous Crime, and

yet the hangings of Thieves is against the Law of God, which thinks it sufficient to punish it with a Four, or a Five-fold Restitution, Ex. 22. 1,2.

Answ. Some answer to this, that That Law of nor inflicting a Capital Punithmenc upon Thieves was parely Political, and did belong

_ enly ro the Fews : Neither was it ever repeat-

ed or confirmed under the New Testamenr 2: And rhen they say, that when Faults were muitiplied, rhe Punithment was to be more se-

Vere,

9G A Defence of the vere, and prove from Pr», 6. 31. That rhe Puni’hmenr of Theft was hcighrned to a Seven- fold Restirution ; and then rey all-dge,2 Sam. 12. 5. that of a Thief thar was condemned to Death by King David. They fay belides, that the Law of Myses does nor ar all hinder bur that Thieves may suffer Death, elpecially supposing that Capiral Punishments for such Crimes be eftabliized by a publick Law, and a general Consent of Al} : For Laws of ’ this forr in things nor contrary to Piery, do ‘approach-very near the Nature of Divine Laws. Rom. 13. 1,2. And again, supposing that the Thieves are not weak and sickly Men, unfir for working, or nor taken care of by the Overseers of the Poor; for there is a regard ro be had ro sach as are compelled,by exrreme “Want, to steal: Besides roo, fuppoling Fhetts cafinor be corrected by gentler and |:ghrer Pu- nishments : Or, lastly, supposing that which 1s ’ taken away. by stealth be a conliderable In- jury and Loss ro the Qwner.

Obj.‘7. Capital Punishment of ‘h6mons O*- fences seems to be contrary ro the Law of Charity so peculiar to the Gospel ; for the New Test.:ment, ds ‘tis a pratious Dispensatiom, dies not admit of Kevenpe, or Punishments too severe.

Ansv. Under the Old Testament heinous Offznces were punished with Death, notwirh- fanding the Law of Charity, which was as much in force then as it is now : But Grace in the New Testament, afro the Matter of Salvarion, is opposed to a flavish Fear, and

rigorous Observance of the Law of Moses;

[…]

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Be Ada. Bonn Al. WA…

Thirty Nine Articles. 37 Obj. 9. To the last part of the Article ‘tis ob-

jered, That ‘tis the express Command of God,

that Man’s Blood be not shed, Gen. 9. 6. But Wars c.innot be waged without shedding of Blood.

Answ, It is a private. and not a publick Slaughter, thar is there forbidden.

Obj. 9. It is the Command of Christ, that we refit not Evil ; but whosoever il all {mite thee on thy Right Check, turn to him the other al- so, Mat. 5. 39. ES.

Answ. Christ here reaches us the utmost Pa- tience, that we should nor repell Injuries ir a- ny v:olent manner; but rather ro bear them patiently, than to strive with felt-will’d Men or study any private Revenge ; elpecially when the Love of our Neighbour, the Con-,

version of Infidels, or the Glory of God re-

quire this Submitision from us. This Duty leems chiefly ro belong roChriftians in the time

of a publick Persecution ; such as was almost

continual in the Primitive Church: Yer we are nor hereby forbid ro avoid an Injury by such Rules of Defence as are unblameable. Net- ther are Magistrares forbidden ro execute pub- I.ck Revenge ; otherwise the Malice of wicked Men would be sharpened, and the Common- wealth would never be in quiernels.

Obj.10. 1: is said, Mat. 26, 52. All they that

take the Sword, shall perish with the Sword,

Answ. Qur Saviour here speaxs of him thar shall rake up rhe Sword by a priv#te Authority, and not of a Magistrate, wit ww God’s Mmi-

ster, that bearcti not t/ 4 in vain, Rom, ES 1,2, 3+. - | Obj. 3 i. The Arms - © Gristians are not Car-

nal, buf 5pirirual; /4ith Sr. Paul, 2 Cor.. 16. 4. Att w,

88 A Defenceof the

Ansp. The Means, which the Apostles were wont to make use of in planting and promo- “ring che Cplgel is thiere spoken of : Such they

were nor, {lays he) as: Men of Carnal Minds

are. wont ro use, ro gain - Authority to their-

Doctrine ; such as Humane Skill, Flartery,

and outward Force : Burt they were the in- |

ward Truth and Efficacy of the Doctrine it self. Now it cannor be gathered from all this, thar it is nor lawful ro wage War upon just | Reasons. |

ART. XXXVIII. Of Christian Mens Goods, *|’

Read at the Internet Archive: https://archive.org/details/bim_early-english-books-1641-1700_a-defense-of-the-thirty-_ellis-john_1700