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Welchman on Article XXXVII: Of the Civil Magistrates

Edward Welchman, 1790

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: The XXXIX Articles of the Church of England, illustrated with notes, by Edward Welchman (Latin 1713), English translation, 8th edition (London, 1790). Cleaned OCR from the Internet Archive scan of the ECCO copy; long s normalised, old spelling kept; [...] marks passages too garbled to recover.

Since Kings are by their Office the Keepers of both Tables, it must — follow, that Ecclesiastical Per- sons, as well as Laymen, are subject to their Government, and that they have Power to take Cognizance in all Causes, as well those which concern Piety towards God, as those which relate to Justice towards Men, Both pious Princes among the Jet, and Christian Emperors in the primitive Church were invested with this Authority, Now who- ever shall aftirm, that the Kings of this Realm have not the same Authority, are ordered by Can. II. to be ip/o facto Excommunicated, |

See Tertullian, © We reverence the Emperor fo far, as Ad Scapa- ce jt is lawful for Us, and expedient for Him; as he is a 4%, c. 2. « Man second to God; as having received from God what- & ever Authority he hath ; and as inferior to God only.“ Note, That the Church for the first Three Centuries had no Prince, but such as either persecuted, or at least neglected her ; and therefore that she was then forced to take care of her own Affairs without them. But as soon as the Emperors became Christians, the Affairs of the

| Church depended upon their Management; as appears

| from the Preface to Socrates’s Vth Book of Ecclesraftical

History, For from thenceforth they began to call Coun- cils, and to receive Appeals from them, and to take Cog- nizance of Ecclesiastical Causes, &c. In a Word, it is abundantly manifest, that whatever Power the Church of England aseribes to her Kings, the fame was made use of by the Christian Emperors.

14 dee Jetbel’s Def. Apol. Part V. C. II. Div. 1. Ihitgift’s

Defence, Tract. 20. Biison ot Christian Subj. Part II. Host -

er’s Eccl. Pol. B. MV. Sect. 1. and B. VIII. Prideaux’s Fasc.

Contr. C. 4. Sect. 2. Q. 3, 6. Scott’s Christ. Life, Part II.

C. 7. Sect. 19. Field of the Church, B. V. C. 53.

II. Ve give not to our Princes, &c.] See 2 Chron. xxvi. 16, 17, 18. But when he (Uzziah) was strong, his Heart was lifted up to his Destruttion. For he transgressed against | the Lord his God, and went into the Temple of the Lord to | burn Incense upon the Altar of Incense. And Azariah the | Pricft went in after him, and with him fourscore Prigsis of the Lord, that were valiant Aden. And they withstood Uzziah the King, and said unto him, It appertaineth not unto thee, Uzziah, to burn Incense unto the Lord; but ta the Priests, the Sons of Aaron, that are consecrated to burn Incense: Go out the Sanctuary, for thou hast trespassed, neither Hall it be for © thine Honour from the Lord God,

M 2. Rule

In Concil. Carthag.

NoTtrs on the XXXIX Articles

unts the Lord,

The Biship of Rome, c.] By what right should the Bishop of Rome have any Jurisdiction in this Realm? Does jt proceed from his being St. Peter’s Successor ? I answer, That all the Apostles were equal in Authority ; and farther, That St. Pau! was the Apostle of the Gentiles, and that he was not afraid to reprove St. Peter himself, Gal. ii. 9, 14. Or does his Claim depend upon his Right as a Pa- triarch ? I an{wer that England was not within the Patri- archate of Rome. Or is it derived from Conflantine’s Do- nation? Tis is too ridiculous an Imposture to be seri- ously refuted, Or does it proceed from his being con- cerned in converting England to the Christian Faith ? Now according to this Way of Reasoning, all Churches, not excepting that of Rome, are subject to the Church cf

erusalem; but none to that of Rome, unless it received the Christian Faith from her. But the Britons were con- verted to the Faith long before Angr/?ine, the Pope’s Le- gate, came amongst them, From all which it follows, that when the Pope of Rome concerns himself with our Affairs, he is one of those who are reprehended, 1 Pet, iv, 15. as a Busy- Body in other Men’s Matters,

That the Bishop of Rome hath no Jurisdiction out of his

own Diocese, appears like wise from St. Polycarp’s not yield-

ing to Pope Anicetus in the Controversy about the Observa- tion of Easter; as was mentioned under Article XXXIV. See also St. Cyprian, Nor hath any of us set himself up „ for a Bishop of Bishops, or by any tyrannical Use ter- e rified his Collegues (or Fellow-Bithops) into a Necessity « of submitting themselves to him; Since every Bishop is & at Liberty to use his Power according: to his Discretion, & and is neither to judge nor to he judged by another, But ce let us all look for the Judgment of our Lord Jesus Christ, * who alone hath the Power both of advancing us to the Government

»

of the Church of ENGLAND. 85

6 Government of his Church, and of judging us for what « we do in the Exercise of our Office.“

See also Fewe!‘s Def. Apol. Part IV. Ch. 14. Div. 1. Bilson of Christian Subj. Part I. Hammond of Schism, C. 4, 5, 6, 7. Prideaux’s Fasc, Controv. C. 4. Sect. 3. Q. i. Mason. de Minist. Angl. L. IV. C. 3, 4, 15, 16. Bishop Lloyd’s Hist. Account of Ch. Government, C. 2. Field of the Church, B. V. C. 32, Sc. Cave of Ch. Go- yernment.,

The Laws of the Realm may punish, &.] God himself arms Princes with the Sword, which is the Instrument of Civil, as well as Military Justice, . But in vain would they bear the Sword, if it was not lawful for them to make use of it. See Rom. xiii. 4. Fe beareth not the Sword in vain * For he is the Minijter of God, a Revenger to execute Wrath upon him that doeth Evil.

See also Jrencus. © Because Man departing from God Adv. Her. became so outrageous, that he look’d upon those of his“ 5* 4 own Flesh and Elood as his Enemies, and was not afraid to give himself up to an unpeaceable Life, to Murder, and Avarice; God imposed upon him the Fear of Man, that Men being subject to, and restrained by, the Laws 4 of Men, there might be something of Justice and good Government amongst them, as being terrified by the Sword, which was publickly set before them: According & to what the Apostle says; Por he beareth not the Sword & in vain: For He is the Minister of God, a Revenger to execute Mrath upon him that doeth Evil. And the Ma- cc pistrates being for this End invested with the Laws of & sustice, shall not be questioned, or punished, for what- „ ever they shall justly and lawfully do.”

It is lawful, &c.] See Luke iti. 14. And the Soldiers likewise demanded of him, saying, And what sball we do? And he said unto them, Do Violence to no Man, neither accuse any falsy, and be content with your Mages. And

Acts x. 1, 2. There was a certain Man in Cesarea, a Cen-

turion of the Band, called the Italian Band, a devout Man,

and one that feared God with all his House, which gave much

Alms to the People, and prayed to God alway. See allo Ter- — _— x tullian; from whom it sufficiently appears, that Chris- Apel, 6. 4. tians served in the Wars, even under the Heathen Empe-

rors. See also Hammond’s Pract, Cat. B. II. SeR. 5, 9.

Bris dives salv. Co I Js

Lukexvi. y.

ATaith. xxv. 7 5 &.

3 on the XXXIX Articles

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