〈◊〉 quorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ferre oportet meminerint officâ—i esse sui ne quid Resp Ecclesiastica detrimenti capiat videre Clero dignitatem conciliare Et populum antiqua sub Religione tueri Da veniam erudite Lector Vale. Scripsi Decem. 17. 1650. The Method of every Chapter CHAPTER I. 1. THE State of the question 2. An argument from the Unity of the matter proved by Scripture 3. And by Naturall Reason 4. An argument from the Univer sality of the end proved by Scripture 5. And by Philosophy 6. The Right vindicated by direct Authority of Scripture 7. By the consent of the Antient Christians 8. And of the Reformed 9. And of the Heathens 10. With respect unto eternall happinesse 11. And unto temporall prosperity 12. Which follows true Religion by verâ—he of Divine providence 13. And by its own nature 14. More Reasons added CHAP. II. 1. ALL Functions are under command 2. Some by emanation 3. The Supreme Authority and the Sacred Function united in the same person by the Law of nature 4. It was so before Moses and after among the nations 5. The Supreme Authority and Sacred Function separated by the Law of Moses 6. And by the Christian Law 7. Sacred names and Privileges given to the Highest Powers CHAP. III. 1. INternall actions not subject to the Highest Power but in relation to externall 2. Actions either determined or not determined before any Hâ—mane Command 3. Actions determined by Law Divine either naturall or positive 4. Actions undetermined are the matter of Humane Law and also determined both because of their adjuncts and of a new Obligation 5. Actions not under Humane Command are only those that are repugnant to Divine Law 6. Commands repugnant to Divine Law bind to a non-residence And wherefore 7. Subordinate powers not exempt from that Obligation 8. Examples alleged to the contrary answered 9. Difference ' twixt Internall actions and Externall 10. What God commands cannot be forbidden by man with validity 11. How Religion is not subject to humane power 12. How it is subject 13. The Highest Power may determine any actions not afore determined by God 14. Resistance under colour of Religion unlawfull proved by Scripture and Examples and Objections answer'd 15. Not so many particulars in Sacred things as in Secular under humane power with the reason of it CHAP. IV. 1. OBjections answered And first that Christ instituted the Pastorall Office 2. That the Magistrate is not of the essence of the Church answer'd 3. An Objection out of Esay answer'd Whether Kings are under the Believers or Church 4. That Kings are under the Pastors function answer'd 5. The Objection taken from the Kingdome of Christ answer'd What that Kingdome is and whether he hath Vicars 6. Pastorall Government overthrows not the Authority of the Highest powers 7. Distinctions of Government Directive and Constitutive By Consent and by Command Supreme and Inferiour By Emanation and by Subjection 8. Pastors have no Coactive or temporall power proved by Scriptures and Fathers 9. Their Government suasory and Declarative 10. The Church hath no power of Command by Divine Right 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 13. The Authority of the Highest powers not overthrown by the directive and Declarative Regiment of Pastors 14. Nor by the Constitutive 15. Nor by any temporall given them by positive Law CHAP. V. 1. THe word Judgement explained 2. It pertains to the Highest power 3. Notwithstanding that they may erre 4. And notwithstanding that Christ is the Supreme Judge 5. How the Scripture is Judge 6. How the Pastors and the Church is Judge 7. Understanding is required to Judge 8. The Highest powers capable of sufficient understanding 9. Divine things are easy to be understood 10. Help from God by prayer 11. Piety also requisite in the Highest powers to enable them to judge 12. A distinction 'twixt the Rectitude and the Validity of an action applyed 13. Infidel Princes may judge of Sacred things Examples hereof 14. And the Reason of it 15. Catechumens not excluded from judgement 16. Right to judge is one thing Ability another Illustrated by Similies 17. The judgment of the Proâ—hets I Cor. 14. 31. not privative of the Highest powers 18. The Kings of the old Testament judged not as Prophets only but as Kings CHAP. VI. 1. THe Right of command and the Use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Powers 3. Principles of faith Intrinsecall Extrinsecall These Divine and Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is fit to rest in Humane Authority 7. No man may pin his faith of salvation upon another proved by Scripture and Reason 8. In matters not determined in Scripture more may be given to humane judgement 9. The Prince must use his own judgment Especially where Counsellours doe not agree 10. An Objection out of Deut. answer'd 11. Another out of Numbers 27. 12. Care must be had of the Churches Peace and Unity 13. Cautions and rules conducing to Unity Few divisions in points of Faith 14. And those in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How to preserve Unity in point of Ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall rules have their exceptions and whence 19. The distinction of power Absolute and Ordinary erroneous 20. Highest Powers how far obliged to their own Laws CHAP. VII 1. WHat we meane by Synods 2. No precept in Scripture for them 3. Their Original not from Acts 15. 4. But from the Law of nature which is distinguisht into Absolute and After a sort 5. Synods not from the Law naturall absolute 6. Synods under the Pagan Emperours by what right 7. Synods called by Christian Emperours 8. Three questions about Synods 9. Whether the Highest Power may govern without a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsel Consent Jurisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in Synod 14. Synods sometimes hurtfull 15. What may serve in their stead 16. Other causes to deny Synods beside the generall corruption of Religion 17. What is to be done till a free Council may be called 18. Synods not calla without the H. power 19. II Whether the H. power may choose the Synod-men and judge in Synod 20. The right of the Primitive Church And the assembling of Bishops 21. The Emperours encyclic letters to the Metropolitan 22. The H. power may elect Pastors for the Synod prov'd by reason and examples 23. When the election is permitted to others the H. power hath command over it 24. The H. power may judge in Synod 25. Whether it be expedient or no in person 26. The Highest powers present in
18. The Church hath no Power of command by Divine right 2 Cor. 10.4 Eph. 6.17 Phil. 3.20 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture Col. 2.16 Act. 20.7 1 Cor. 16.2 Apoc. 1.20 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 1 Mac. 4.59 13. The Authority of the H. Powers not overthrown by the directive declarative regiment of Pastors 14. Nor by the constitutive 14. Nor by any tâ—mporall power given them by Positive Law 1. The word Judgement explained 2. It pertains to the Highest Power 3. Notwithstanding that they may eâ—â—e 4. Notwithstanding that Christ is Supreme Judge 5. How the Scripiture is Judge Jo. 7.51.12.48 6. How the Pastors and the Church is Judge 7. Understanding is required unto Judgment Deut. 17.8 Jos 1.8 8. The Highest Powers capable of sufficient understanding 9. Divine things that are necessary are easy to bee known Rom. 12.3 10. Heln from God by Prayer Ps 72.1 Ps 51.8 1 Reg. 3. Num. 11.27.25 Dent. 34.9 Heb. 1. Mâ—â— 13.8 Rom. 10.8 â— Cor. 4.3 4 Num. 1.29 1 Tim. â— 4â— 11. Piety is also required in the Higher Powers to enable them to judge Deut. 17.19 Jos 1.7 8. 1 Tim. 1.6.7 12. A distinction 'twixt the rectâ—tude and the validity of an action applyed 13. Insidel Princes may judge of Sacred things Examples hereof Act. 14. 14. And the reason of it De bone persev cap. 14. Jo. 5.30 Act. 17.11 15. Catechumens not excluded from Judgement 16. Right to judge is one thing Ability another And this illustrated by Siâ—ilâ—cs 1 Cor. 14.31 17. The Judgment of the Prophets not privative of the Highest Powers Deut. 18.22 1 Jo. 4.1 1 Thes 5.19 20 21. 1 Cor. 14.29 1 Cor. 12.9 1 Cor. 11. Epist 33. 18. The Kings of the old Testament judged not as Prophets only but as Kings Luke 10.24 1. The Right the use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Power 3. Principles of Faith Intrinsecall Extrinsecall Divine Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is sit to â—rest in humane Authority 2 Cor. Hom. 13. 7. No man may pin his faith of salvation upon another proved by Scripture and reason Rom. 4.3.10.17 Jo. 4.28 Mat. 15.9 1 Thes 2.13 8. In matters not determined by Scripture more may be given to Human Judgement 9. The Prince must use his own judgement especially where Counsel louis doe not agrec 10. An objection out of Deut. answered Deut. 17.8 Mâ— 23.2 Deut. 17.12 11. Another out of Numb 27. Tit. 2.11 12. Care must be had of the Churches Peace and Unity Jo. 13 35. Act. 4.32 13. Cautiions and Râ—les conducing to Unity Fâ—w Decisions in points of Faith 14. And those in in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How top eserve unity in point of ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall Rules have their exceptions and whence 19. The Distinction of power absolute and ordinary erroneous L. 3.d de Leg. 20. Highest powers how far obliged to their own Laws Nov. 105. 1 Cor. 6.12.23 L. â—non omne d. de reg jur Pro Rabir. 1. What we mean by Synods 2. No Precept in Scripture for Synods 3. Their Original not from Act. 15. Act. 15.3 4. But from the Law of Nature with a distinction of the Law of Nature Absolute After a sort 5. Synods not from the Law of Nature absolute 6. Synods under the Pagan Emperours by what right Act. 24.14 6. Synods called by Christian Emperours 8. Three Questions about Synods 9.1 Whether the H Power may govern withour a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsell Consent Jarisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in a Synod 14. Synods somtimes hurtsull 1 Cor. 3.13 Phil. 3.15 15. What may serve in their stead 16. O. her causes to deny Synods beside the generall corruption of Religion Epist 24. In 4. prac loc 5. 17. What is to be done till 2 free Councill may be called 18 Synods not cald without the Highest Power 19. Whetther the Highest power may choose the Synod-men 20. The Right of the Primitive Church And the Assembling of Bishops Acts 15.2.12 21. The Emperours encyclic letters to the Metropolitans 22. The Highest Power may elect Pastors for the Synod Proved by reason and examples 1 King 22. 23. When the election is permitted to others the Highest Power commands â—â—â—veri 24. The H. Power may judge in Synod 25. Whetheir it be expedient or no in person 26. The Highest Powers present in Synods by their Deputies 27. III. What is the Highest Powers right after Synod The Epicrisis wherein is contain'd right to change to adde to take away 28. An objection answered D. quando appell 28. The manner of giving the Epicrisis or finall judgement And of Appeal Dio. 29. The Epicrisis in parts of Religion as well as in the whole 1. The severall acts of Authority are Legislation Jurisdiction and another without speciall name Mat. 8.9 2. Wherein is Legislation 3. It belongs to the Highest Power about the whole Body of Publick Religion 4. Answer to the Objection of the change of Religion Pro. 25.1 5. Religion must not be brought in by the force of subjects Deut. 7.5 6. False Schismaticall worship by the Highest Power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppeslion of unprofitable questions Soâ—â—m 1.7 c. 12 〈◊〉 cleric D. de sum â—â—init And of words not found in So pure Nâ—â—â—on De side 10. The Regulating of Church mens conversation Novel b.c. 11. In Greg. 4. 11. Lawes about things undetermined by Divine Law And that beside the Canons 12. Yet the Canons are of use in the making of Lawes 13. No Legislative Power belongs to the Church by Divine Right 14. Yâ—t it may be granted by the Law Positive cumulatively nâ—tâ—rivatively and not without subordination and dependence Come Tolet. 6. can c. 15. How Kings have confessed themselves bound by Canons 16. The Canons dispensed with by Emperours 1. Examples hereof even in the Apostolicall 1 Tim. 3.6 1 Tim. 5.9 17. Divine Lawes also moderatâ—d by equity Let â—â— 7.10 22. 1. Jutisdiction about Sacred things belongs to the Highest Power 2. The effects of it are declared Ep. 3. v. 10 3. Jurisdiction properly so called belongs not naturally to the Pastors 4. Yet by Law Positive it belongd to them in some Nations Cic. l. 4. ad Attic. Deâ—â— 17.8 L. 3. devit Mos 5. Pastoral acts of Divine Right which seeme to come neer to Jurisdiction and yet are distinct from it 6. The Apostolicall rod. 1 Cor 4.21 2 Cor. 13.10 10.6.13.2 Acts 4.13 1 Tim. 1.20 1 Cor. 5. Acts 3.12 1 Cor. 5.2 Gal.
all and can be but One. This is further prov'd by the Effects of Empire or Authority these are Obligation and Coaction now if there were more Commanders in Chiefe than one their Commands might be contrary about the same matter and so impose upon the Subject a contrary obligation or coaction which is against nature And therefore as often as it happens that two Lawes oppose each other by reason of some circumstance the obligation of the one ceaseth This is the reason why the Paternall Empire which is naturall and most antient hath given place to the Civill and is subject to it because that which should be Highest could be but One. Object If any man shall say that Actions are divers some Judiciall some Military some Ecclesiasticall and so in respect of this diversity the highest Authority may be divided among many Answ it will follow according to his saying that the same person being at the same time commanded by one to the Court by another to the Camp by the third to the Church is bound to obey them all at once which is impossible or if not to obey all then there must be some order among them and the inferiour yeeld to the Superiour and then 't will not be true that the highest Authority is divided among them To this purpose are those words of the Divine wisdome No man can can serve two Masters and A kingdome divided cannot stand and that common saying All Power is impatient of a Partner 'T is otherwise in Authorities which are under the Highest for these may belong to Many because they are exercised about divers persons or if about the same persons they are so ordered by the Supreme that they may not clash Which ordination cannot be when many are every one supreme for the ordaining must be Superiour to the ordained Object To that which some object that Kings cannot command some things without the consent of the States We answer Answ where that is so there the supreme Authority is not in the Kings but either in the States or in that Body which the King and States compose Certainly to have the whole Supreme Authority and not be able to command any thing because another may forbid or intercede are altogether inconsistent From this Universality of the matter about which the Highest Power is employed the Art of governing is justly called the Art of arts and Science of sciences because there is no Art no Science which it doth not command and whereof it doth not teach the Use The Universality of the end is correspondent to the Universality of the matter The Apostle Paul saith the Highest Power is Gods Minister for good of every sort For explaning himselfe else-where more distinctly he shewes the Powers are ordained that we may lead a quiet and a peaceable life not only in all honesty but in all godlinesse also This indeed is the true Happinesse of a Common-wealth to love God and be belov'd of God to acknowledge Him their King and themselves his people as Augustin saith well who also saith The King and Rulers are happy if they make their Power serviceable to the divine Majesty for the propagation of his Kingdome and encrease of his Honour Emperours themselves Theodosius and Honorius have professed thus Our Labours of War and Counsells of Peace are all directed to this only end that our people may serve God with true Devotion And this that is so clearly demonstrated in holy Writ was not altogether unseen by those that had only the light of Nature for in Aristotles judgement that is the best Common-wealth which shewes the way to a most vertuous and happy life and as the same Philosopher affirmes that is the most happy way of life which leads most directly to the knowledge and service of God the contrary whereof is most unhappy Now if this be true that the end proposed to the Highest Powers is not only externall Peace but that their People may be most Religious and the things conducing to that end are called Sacred it followes that these things are all included within the Command and Authority of the same Power for the End being granted a Right is granted to all that without which the End cannot be obtained To these Arguments drawn from the very nature of the thing shall be added the most sacred and certain Authority of the Law divine Kings are commanded to Keep all the law of God to serve the Lord to kiss the Son This being spoken to Kings not as Men for so it would not concern them more than other men but as Kings it followes some royall act is required of them that is the use of their Authority in matters of Religion I had rather explane this in S. Augustin's words than my own Herein doe Kings as they are commanded by Him serve God as Kings if in their Dominions they command things good forbid evill not only in respect of humane society but the worship of God also And in another place The King serveth God as a man as a King as a man by a godly life as a King by godly Lawes As Ezechias by destroying the Groves and Temples of the Idols and as Josias served God in the like manner doing those things for the honour of God which only Kings can doe And this is that royall noursing of the Church which by the Prophet God hath promised After the Divine Law follows in its order the Custome of the Church and the Examples of Emperours whose Piety is out of question That all They used their Authority in sacred things will appear in all the particulars that shall be handled In short Socrates the Historian hath told us Ever since the Emperours became Christian the affaires of the Church depended upon them For the Church saith Optatus is in the Common-wealth i.e. in the Roman Empire not the Empire in the Church Constantine in an old Inscription is call'd the Author of faith and religion Basil the Emperour stiling the Church an Universall Ship saith God had placed him at the Sterne to govern it In that antient Epistle of Eleutherius Bishop of Rome speaking of Religion He entitleth the King of Britain God's Vicar in his own Dominion And Charles the Great is nam'd The Rector of true Religion by the Council of Ments That the Churches reformed in our Fathers time after the antient pattern are of the same judgement their Confessions witnesse It belongs to Magistrates not only to be carefull of Civill Polity but to endeavour that the Sacred Ministry be preserved and the kingdome of Christ propagated that the Gospell be purely preached and God served according to his holy Word So the Belgic Let the Magistrate hold fast the word of God and see that nothing be taught contrary to it So the Helvetian This office was enjoyn'd the Heathen Magistrate to take care that the name of God be duly honoured how much more belongs it to the
of the Gospel for Kings are Pastors too and that of the Lords flock yea Pastors of the Pastors as a Bishop once call'd King Edgar though distinct yet agree in this that the same which is the Pastors only care is the principall care of the Highest Powers namely that Divine things may be rightly ordered and the Salvation of men procured we need not wonder if the Highest Powers for the community of the matter and the end receive sometimes the title of the other Function Hence it was that Constantine call'd himselfe a Bishop and other Emperours had the title of Renowned Pontifs or Priests In the Emperour Martianus the Roman Bishop extolls his Priestly mind and Apostolicall affection and Theodoret mentions the Apostolicall cares of Theodosius As the names so the privilege of the Function hath been given to Emperours The sixt generall Synod forbiddeth Laicks to approach the Altar i.e. the Table of the Lord but the Emperour is excepted Upon which place Balsamo Bishop of Antioch observes how the Emperours were wont to Seale with Wax as the Bishops of that time did and to instruct the people in Religion Now if the Emperours were called as we have shewed they were Bishops and Pontifs and Priests there was then no cause of upbraiding some English writers for attributing to their King a certaine spirituall power seeing the name is often imposed not from the manner of working but from the matter as we call the Laws military nauticall rurall Wherefore the Kings power is also spirituall as it is conversant about Religion which is a spirituall thing CHAP. III. How far sacred and profane actions agree as to the right of having Command over them FIrst let us see what kind of actions for about them Authority is properly conversant may be the matter of command and then what effect the command may have in the severall kinds Actions are first divided into externall and internall The externall are the primary matter under humane power the internall are the secondary nor for themselves but by reason of the externall and therefore about the internall which are wholly separated from the externall and respect them not humane commands are not given Hence is that of Seneca He erres who thinks the whole man can be subdued for the better part is excepted and that common saying Thought is free The reason is because Government re-requires some matter which may fall under the Governours knowledge but God alone is the searcher of hearts and hath the sole Empire of them Unto men the internall acts of others are uknown by their own nature by their own nature I therefore adde because the externall that are done in secret are under Government for by their nature they may be known I said internall acts are subject to command secondarily that comes to passe two wayes either by the intention of the Ruler or by a kind of repercussion in the first manner where the inward act is joyned with the outward and hath influence upon it for the mind is esteemed in offences either perfected or begun in the latter when because any act is made unlawfull by the interdiction of the Ruler for we must be subject not only for wrath but for conscience sake by thought to intend that action is unlawfull not as if humane Law were properly made for the thought but because no man can honestly will that which is dishonest to be done Another partition of Actions is this that before any thing is by men ordain'd concerning them they are either morally defin'd or indefinite Morally defin'd I call those which are either due or unlawfull those may be said to be morally necssary those morally impossible as in the Law dishonest things are all expressed by that word This determining of Actions before any Act of humane Authority ariseth either from their own nature as to worship God is due to lye unlawfull of it self or from the Positive divine Law Those of the former sort are referred to the Law naturall but lest any be deceived by the ambiguity of the word naturall not only those Action are called naturall which flow from principles known by nature but those also which come from naturall principles certainly and determinatly For naturall in this argument is opposed not to Supernaturall but to Arbitrary So when as it is certaine God the Father Son and Holy Spirit are one true God that the same God be worshipped is a point of naturall Law Actions of the latter sort that is determined or defin'd by divine Positive Law are such as were prescrib'd by God some to all men some to one people some to single persons namely to Abraham Isaac Jacob Moses and other servants of God Among all people to Israel alone God prescribed many Positive Lawes pertaining to Religion and other things To all mankind some things were commanded for a time as the Law of the Sabbath presently upon the Creation as some think the Law of not eating bloud or the strangled after the floud Other things to last for ever as the Institutions of Christ concerning Excommunication Baptisme the Supper and if there be any more of that kind These things being understood it may seeme that such Actions only are the just matter about which Humane Authority is exercised which by Divine are left indefinite and free either way For Aristotle describes that which is legally just to be that which from the beginning was indifferent thus or thus but after the Law made ceaseth to be so And this is true if we only look upon such an act of Authority which intrinsecally changeth the action for when as the things that ought to be done and the things unlawfull are determined and therefore immutable as to morall good or evill it follows that indefinite actions are left as the only matter of such a change Neverthelesse when the things that ought to be done and those that ought not are capable of a change extrinsecall and may receive it from humane Authority it is manifest they are Subject to the same Authority unlesse they be actions mecrely internall Hither it pertâ—ins to assigne the time place manner and perâ—â—ns for performing of due actions so fâ—r as the circumstances are undefin'd by the nature of the thing and the Law of God also to take away impediments and sometimes to adde rewards and to restraine unlawfull actions by such punishments as are in the Rulers power or else to inflict no punishments which is call'd permission of the fact and is sometimes no fault To him that looks more narrowly into these things it will appeare that by humane command there ariseth a new Obligation even in Conscience though of lesse degree in the things which men were before bound to doe or leave undone For the divine Law of the Decalogue saying to the Jew Thou shalt not kill Thou shall not steale and the rest not only declar'd what was of the Law naturall but by the precept
govern'd in a divers kind of government for the Counsellour governs the King by perswading He that is skill'd in Naturall right by declaring divine Law the Physician and Pastor both wayes yet hath the King command over them all and that the Highest The Government by consent although Constitutive is also subject to the Empire of the Highest Powers because no man by consenting can conferre upon another more right than he had himself For this Obligation arising from the Liberty of every one is not larger than that liberty but they have not liberty being single to do any thing against the Command of the Highest Power except the things which God commands therefore they have no right to bind themselves so farre Besides two Constitutive Governments â—unlesse subordinate one to the other cannot consist nor can any Subject be obliged to contraries as before is said which is the reason why the Paternall and Priestly government of the Old Testament for the Aaronicall Priesthood was never without Authority was by God subjected to the Royall Lastly that Authority which is allowed to Pastors by the Supreme being both subject to it and wholly proceeding from it is so farre from overthrowing that it plainly confirmes the right of the Supreme for the cause is known by the effects and that which gives Authority to another hath it selfe more Authority CHAP. V. Of the Judgement of the Highest Powers about Sacred things THe Authority of the Highest Powers about Sacred things being clear'd wee come to that which pertains to the right use of this Authority The Commands of Authority must proceed from Judgement Judgement properly denotes the act of a Superiour defining what is just between two parties and the Highest Judgement is that of the Highest Power for the Lawes and Decrees thereof cannot be nulled or repealed by any Higher although obedience to such Lawes and Decrees be not absolutely due but so farre as it may be given without violation of Gods command Now as the Authority is extended to Sacred things as well as Secular so is the Judgement too according to which the Authority is used Indeed some Kings and Emperouss have seemed to reject from themselves the Judgement concerning Religion but that was either because they found themselves unfit and unable to performe that office or else they meant only as the Great King of Britan interprets his own words and some of the antient Emperours that they did not arrogate to themselves as the Pope of Rome doth a Judgement infallible The truth is all Humane Judgement is subject unto error and unlesse we will take away all Judgement out of the world we must acquiesce in some Highest whose errors are to bee reserved to the Judgement of God If you grant this Highest Humane judgement I speak not of Directive judgement but Imperative it will not follow thence that Pastors and other Christians may upon the judgement and command of the Highest Power omit the necessary duties of piety and charity for as above hath been shewed the commands of the Highest bidding or forbidding whether in Sacred things or Secular bind us not to doe or omit any thing against the Law of God either Naturall or Positive but only to suffer and that only where the paine cannot be avoided but by contrary force The Supreme Judgement of Christ doth no more deny this Judgement of which we speak than his Authority the Authority of the Highest Powers Legislation carrying with it by its own vertue the reward and punishment eternall and finall judgement according to that Law is the Prerogative of Christ alone In the meane time Christ speaks by his Spirit by Divine Judgement yet doth not Humane action follow that Judgement unlesse Humane Judgement be interposed Which as it belongs to every Christian in respect of his private actions so in respect of publike and of private that are govern'd by publick Authority it belongs to the Publick Powers and to the Highest in the Highest degree Brentius long agoâ— saw this whose words are these As a Private man hath a Private so a Prince hath a Publick Power to judge of the Doctrine of Religion and to decide it They that make the Scripture Judge think rightly but speak improperly for if we speak exactly the Scripture is the Rule of judging and the same thing cannot be both the Rule and the Judge In the same kind of speech the Law is said to Judge no man unheard and The word which I speak saith Christ shall judge them at the last day To the Pastors and others that have their senses exercised in the Scripture and to the Churches but especially and in the Highest manner to the Catholick Church agrees a Judgement concerning Sacred things for every one as Aristotle saith rightly judgeth of those things which heâ—â—nder standeth But this Judgement is of another kind for it leads the way to their own actions and the actions of others by directing not by commanding And it is not absurd to grant two Highest Judgements of severall sorts such as are the directive Judgement of the Catholick Church and the Imperative of the Highest Power for there is no Judgement among men higher in esteeme than that none higher than this in Power Now seeing there are two enemies unto judgement ignorance and ill-affections to the end the Supreme Governour may rightly exercise the Judgement that belongs unto him he hath need both of knowledge in Sacred matters and of a mind truly Religious things so united one to the other that Religion encreaseth knowledge and knowledge Religion as Lactantius hath plainly shewed There is in Tacitus an excellent forme of Prayer for the Emperour that God would give him an intelligent mind both in Humane and Divine Law But as far as Divine things excell Humane so much more glorious more profitable and more necessary is the knowledge of Divine things than of Humane Therefore is the King so strictly charged to write himself a Copy of the Law to keep it with him and read therein all the dayes of his life and to Joshuah saith God Let not this book of the Law depart out of thy mouth but meditate therein day and night and in the 2 Psalme 10. verse which evidently respecteth the times of Christ Be wise O ye Kings be learned ye Judges of the earth The pious Hebrew Kings of old obeyed these admonitions and so did the Chiristian Emperours Theodosius and Valentinian Among other cares which our vigilant Love of the Common-wealth hath imposed on us we perceive the principall care belonging to the Imperiall Majesty is the search of Religion by the conservation whereof we may hope for successe in all our enterprizes And saith Justinian Our greatest sollicitade is concerning the true knowledge of God and the honour of his Ministers These precepts and examples prove that the King ought to be skilfull in Religion Yet there are some that Object and say it
this with Plato's saying Happy are the Commonwealths wherein either Philosophers are Kings or the Kings given to Philosophy Yet may not the Philosopher invade the Royall throne nor the King be thrust out of it that is no Philosopher It is objected The spirits of the Prophets are subject to the Prophets Many of the antients both Greek and Latine understand St. Pauls meaning to bee this They that are inspir'd with Prophecy must not all speak to the people at once but one expect the ending of the others speech for they are not like the possessed transported by the inspiration but so far Masters of it that they may use the gift of God without consusion and in that order wherewith God is best pleas'd and his people edified There is no cause to reject this Interpretation which the series of the Apostles discourse so fairly admits The other Interpretation that the Prophets ought to suffer other Prophets to judge of their Prophecies is not pertinent here For first seeing that singular gift of Prophecy as of healing and tongues was marvellously ordeined by God for the beginnings of the Church and is long since expired it cannot be applyed by way of argument unto our times And grant you may compare unto that admirable gift manifested also by the prediction of things to come the Theological skill what ere it be acquir'd by Humane labour yet will not they obteine their desire who would have all Pastors and them alone to be knowing in Theology for there are many Pastors not very expert and some that are not Pastors are of good skill in things Divine Lastly there being divers kinds of judgement as hath bin spoken the establishment of one is not the destruction of the other The same disease or wound fals under the judgement of the Physician and of the Judge if it come in question before him and of the sick man himself And when the Prophets judged in the Apostolicall Church it was said to every Christian Try the spirits yea St. John layes down a Rule by which every one of the faithfull might discerne the Spirit of God from the Spirit of Antichrist Whereunto answers that of Paul to the Thessalonians Quench not the Spirit Despise not prophecyings Try all things hold fast that which is best But without all question this Tryall and distinction of things is an act of judgement And in that place of the Apostle Let the Prophets speake two or three and let the other judge the most antient Fathers by the word other understand not the other Prophets only but all the people not without great reason when as elsewhere the discerning of Spirits is by the same Apostle distinguisht from the gift of Prophecy Whence it appears he meant either some gift Common unto Christians for Faith also is numbred among the Gifts distinct from the gift of miracles or a certaine excellent faculty to judge of Prophecies where with some that were not Prophets were endued The Apostle Paul himself bids the Corinthians judge what he saith And the Holy Fathers often appele unto the judgement of all the people So Ambroses Let the people judge in whose heart is writ the Law Divine All this we have alleg'd to manifest that the judgement of things Sacred and of the holy doctrine did at no time belong to the Prophets only Whence also it may be understood how poore their Evasion is who reply to the Arguments out of the old Testament and say the things there done by Kings were not done by them as Kings but as Prophets For if by the name of Prophet they meane some speciall Mandate of God was given them this is where the Scripture is silent a meer divination so far from certaine that 't is not probable What need any speciall Mandate when the Law was extant unlesse perhaps to incite the negligent but if by Prophecy they meane a clearer understanding of the Divine will proposed but darkly in those times we easily confesse they did as Prophets since they would have us say so know more certainly what was to bee commanded by them but they commanded as Kings And for that cause the Scripture in the narration of those affairs not content with the proper name added the name of King to signify the Right of doing proceeded from the Authority Royall and therefore to be imitated by Kings Wherefore letus also say when Christian Kings give Commandements about Sacred matters they have the Right to doe so as they are Kings the skill as Christians as taught of God having the Divine Law inscribed on their hearts in a clearer Print than those antient Kings and Prophets For many Kings and Prophets saith Christ to his Disciples have desired to see the things that ye see and have not seen them and to heare the things that ye heare but they have not heard them CHAP. VI. Of the manner of rightly exercising Authority about Sacred things WE distinguish the Right of the Highest Powers and the manner of Using their right for 't is one thing to invade that which is belonging to another and an other thing to use improvidently that which is ones own So great is the variety of things times places persons that we might here make a long discourse but we shall briefly collect what may suffice for our purpose First then it behooves him that hath the Supreme Authority both in the inquisition of that which is by Law Divine determined either to be believ'd or done and in consultation about what is profitable for the Church to lend a willing care to the judgement of eminent Pastors for their piety and learning That this is to be done in doubtfull matters reason and common sense demonstrates for one man cannot see nor heare all things therefore said the Persians A King must borrow the eyes and ears of other men By the Commerce and Society of wise men Princes become wise Which sayings if they are true in secular affairs how much more in Sacred where the errour is most dangerous For the proof hereof we need not allege examples it will be more worth our pains to consider how far the judgement of the Supreme Governour may and ought to acquiesce and rest in the judgement of Pastors We must note therefore that all Humane judgement is founded either upon internall principles or upon Externall the Internall are either objected to the sense or to the understanding by the former we judge the Snow to be white by the later we judge Mathematicall Propositions to be true because they are reduced to common notions The Externall principle is Authority or the judgement of another and that is either Divine or Humane no man doubteth but that in all things he must acquiesce to Divine Authority thority so Abraham judged it to be his duty to offer his Son So Noah believed the Floud would come But to Humane Authority no man is bound to acquiesce
unlesse he can find no way to fix his judgement upon Divine Authority or upon some Internall principle Yet may we acquiesce thereto in all things the search whereof is not commanded us So the sick man doth well if he take a Medicine preserib'd by a Physician of good fame yea being in perill of death he is bound to follow the Counsell of Physicians if himself be not of that wit and skil to make a certaine judgement upon principles of nature As to Divine Authority God reveales some things and proposes them himself other things He reveales himself and proposes to men by others as by Angels Prophets Apostles Whensoever the thing is propos'd by others before the mind can fully rest it is necessary we be assur'd the Proposer can neither be deceiv'd nor deceive in the thing that is proposed This assurance we obtaine either by some other Divine Revelation as Gornelius concerning Peter Paul concerning Ananias or else by signs of Divine Power yeilding undoubted testimony to the Veracity of the Proposer That wee must acquiesce to every Proposition thus made no Christian doubteth But between the more subtile of the Romanists and those of the Evangelicall Church this is the true state of the Question Whether since the age of the Apostles there be any visible Person or Company all whose Propositions we may and ought to receive as undoubted truths The Evangelics deny the Romanists affirme Hither is also brought this great controversy of Government in Sacred things for the Romanists doe not deny Kings to Governe this Hart granted to Renolds they doe not deny all Government to proceed from the judgment of the Governour this Suarez plainly affirmes Neither doe the Evangelics deny the judgement of Kings as well as of private men to be determined by Divine Oracle if there be any such if there be any Prophets that cannot erre for all men are under God but whether there be any such since the Apostles that 's the Question and that at last is reduced only to the Pope for that single Pastors Kings also and private men Synods Provinciall Nationall Patriarchall and even they that were gather'd out of all the Roman world are fallible and have been in errour no man can deny Wherefore supposing that which is most true and which some of the Romanists doe grant concerning the Pope himself That every man in the world is subject unto errour for any thing that we know yea every Congregation also that is visible let us see how farre one is bound to follow the judgment of another that is thus fallible First we say no man is bound to follow anothers Directive judgment universally Chrysostom of old hath said the same How absurd is it in all things to be sway'd by the sentence of other men For possibly wee may be certain either by internall Principles or by Divine Authority the judgement of sentence is false That any private man grounding his sentence upon the Gospell is to be believed before the Pope is confess'd by Panormitan and Gerson And the pious Bishops who had learned out of the Gospell that the Word is God and God only One did well in not giving place to the judgement of the Synod at Ariminum Moreover even when the mind doth not plainly witnesse the contrary yet is no man bound precisely to follow anothers Directive judgment because it is lawfull for him to enquire and try whether himselfe be able to aime at the knowledge of the Truth Then he is bound to follow when by defect either of wit or time or by other businesse he is diverted from that inquiry So the Lawyers teach that a Judge is not tyed to the judgment of a Physician in the question of a wound or of a Survey or in limining the bounds or of an Arithmetician in taking of Accounts but that himself upon diligent consideration of the matter may decree that which he conceiveth most agreeable to truth and equity But further in the case of saving faith no man can safely acquiesce to the judgement of another The reason is not only because matters of faith are plainly and openly propos'd unto all so that Clemens of Alexandria calls it a vain pretext taken from severall interpretations for they that will saith he may find out the Truth but chiefly because that faith is not faith unlesse it rest upon Divine Authority as the Romanists themselves confesse Abraham believed God and it was accounted unto him for righteousnesse Also Faith comes by hearing and hearing by the word of God Wherefore although men may be led unto the faith by others as the Samaritans by that woman yet then are they only right believers when they believe not for the words of another but because themselves have heard and doe know that Jesus is the Saviour of the world What hath been spoken of faith is no lesse true of Divine worship for in vain saith God doe they worship me teaching for doctrines the Commandements of men And Paul commends the Thessalonians that they received his word not as the word of man but as indeed it was the word of God We conclude then that in the things defined by Divine Law either way no man is bound by anothers Declarative judgment which is one kind of the Directive nor can his conscience safely rest therein In the other kind of Directive judgement which we here called Suasory because it is conversant about things not determined by Divine Law more may be given to the Authority of another yet not too much For as we doe not praise them that are too stiffe in their own opinions so neither them that are too easily drawn by other mens And herein consisteth the difference between Counsell and Command that commands not contrary to the Law of God lay upon us an obligation which Counsels doe not He that giveth counsell saith Chrysostom speaks his own opinion leaving the hearer at liberty to doe as it shall please him Now if the opinions of Counsellours which must be weighed rather than numbred doe not agree there especially ought the Supreme Governour to interpose his own Judgement And truly in the knowledge of private right in Physick Merchandise and such like things it is not only excusable but often-times comendable for the Highest Power to be ignorant by reason of greater and better cares But to neglect the knowledge how to rule the Church than which no knowledge is more excellent none of more importance to the Common-wealth this at no hand is lawfull Those that have eased themselves of this duty and cast it upon others wee find by Histories to have been circumvented by men and punisht by God and either to have lost their kingdomes or else being deprived of the Power to have reserved only the name and shadow of King's The Objections out of the Old Testament to prove that Kings are bound to follow the Pastors judgement in Sacred things doe
such a nature that unlesse they be kept under they wil be above you the superstitious multitude do more hearken to their Preachers than their Governours Kings and Emperours have learned this at their cost and the Annals are full of examples One thing more for conclusion the experience of all ages tels us that change in Religion even in Rites and Ceremonies if it be not with consent or manifestly for the better often shakes the Common-wealth and brings it into danger Wherefore unlesse that curiosity be restrained by Lawes the State will often totter For these last reasons there are some even in the Roman Church that submit the Priest though by them otherwise exempted to the Power of the Prince CHAP. II. That the Authority or Rule over Sacred things and the Sacred Function are distinct ARistotle teacheth very well that it is not the part of an Architect as an Architect to set his hand to the worke but to prescribe what every one shall doe as right reason shall direct him and what he shall rightly appoint the workmen must rightly execute So it is the Rulers office not to doe the things commanded but to command them to be done But the Functions under command are of two sorts some are subject both by nature and order as effects proceeding from their cause some only by order In the former way under the Architect are the Overseers of the work in the latter the Carpenter the Smith and other Labourers So also to the Authority of the Highest Power are subject in the former way the offices that have in them Authority and Jurisdiction as the office of Major Governour of a town and the like In the latter way the Function of a Physician Philosopher Husbandman and Merchant Wherefore they fight with their own shadow who take great pains to prove that the Pastors of Churches as suen are not the Vicars or Deputies of the Highest Powers for who knows not that when Physicians neither can without mistake be stiled so But that the same Pastors as they receive some Authority or Jurisdiction beside their Pastorall office in respect of that accession may be called Deputies or Delegates of the Supreme Powers shall be shewed hereafter Wherefore when the Learned Deane of Lichfield proving that Priests are not therefore Superiour to Kings because Kings are commanded to aske Counsell of them uses this example that Kings advise with their Counsellours of State who yet are not their Superiors They misunderstand him who take his meaning to bee that these doe agree in all respects when 't is sufficient for a similitude that there be a correspondence in the drift of the speech otherwise even the Parables in the Gospel will be expos'd to censure Pastors are rightly compar'd to the Civill Officers in respect of the subordination not the emanation of their Office The Civill Officers are both Subjects to the Highest and Deputies the Pastors as such are only Subjects not Deputies The Authority over the Function and the Function it self being distinguished we must enquire Whether that Authority and the holy Function may be united in the same person Whereunto that we apply a fit answer a difference must be made between the Law of Nature and Positive divine Law By the naturall Law the same person may have the highest Authority and the Priesthood too because these have no such opposition but they may meet in one man Nay more set aside the Positive Law and some externall impediments it is in some sort naturall that the same Person be both King and Priest not so naturall as that it cannot be otherwise but as those things are tearmed naturall which are well agreeing unto nature and right reason For seeing Kings whose Dominions are not of the largest may easily joyne some peculiar Function to the care of their Kingdome as we have known Kings to have been Physicians Philosophers Astrologers Poets and very many Commanders in War and seeing no Function is more excellent and whence doe flow down upon the people so many benefits as the Priestly Office it appears that this above all other is most convenient and worthy of a King The consent of Nations doth evince it for in the first times when men were govern'd more by Domesticall than Civill Power the Fathers of families as all confesse did both represent some Image of Kings and performe the Priesthood also Thus Noah after the Floud was past offers sacrifice to God Of Abraham God himself saith He would instruct his Children and Family in the course of a Godly life We read also of the Sacrifices of Job and other Patriarchs After the Fathers decease as the Principality of the Family so the Priesthood too was devolved to the first borne and that custome continued in the posterity of Jacob for as yet they had no Common-wealth constituted untill the Levits that is the Priests and Ministers unto the Priests were surrogated and put in place of the first borne as the divine Law doth expresly tell us But in the meane time in the Country of Canaan there being a kind of Common-wealth we read of Melchisedec King and Priest The like was Moses before the Consecration of Aaron Other Nations of old had the same custome whether by the instinct of nature or the example of their Ancestors In Homer the Hero's that is the Princes Sacrifice and to omit other Nations the first Kings of Rome did so too and after the Kingdome was out there remained yet A King of the Sacred Rites It may be enquired whether those Fathers and Kings while the true worship of God lasted as it is credible it lasted among many of the Fathers for some Ages after the floud received the Priesthood by some speciall Title or challenged it to themselves by their Paternall and Regall Right Very learned men are of opinion that as some probably had the authority of the divine Oracle so others had it not nor is any such thing the Law positive being set aside requir'd to the constitution of a Priest Yea when the men of those times all the world over were bound as far as they knew him to honour God and to give him thanks as the Apostle convinces Rom 1. they were either bound every one to be Priests or to commend the Priesthood to some chosen men But it is the Fathers part to assigne all in the family their severall offices and among the rest the Priesthood as being by the Law of Nature not excepted and the function which he may assigne unto another the same if he be fit for it nature forbids him not to assigne unto himselfe What is faid of the Father let it be understood of the King and the rather because all confesse the free multitude in that first state had a right to choose themselves a Priest Which right of the Multitude is transferred upon the Highest Power For such Election consists of bidding and forbidding because one is licenced to
God the matter and oceasions are by Humane Power withdrawn So Ezechias brake the brasen Serpent so the Emperours shut up the Heathen Temples Fiftly 't is the part of the Highest Power by proposing punishments to draw men to the doing of that which God Commands and deterre them from the contrary as Nebuchadnezar made it death to speak evill of the Hebrews God and the Emperours to offer sacrifice to the God of the Gentiles And in these particulars consisteth as I take it that Office of the Highest Powers which is called by Justinian the preservative of the Divine Lawes meaning such a custody which is also Legislative as Austin speaketh Let the Kings of the earth serve Christ by making Lawes also on behalf of Christ And the same particulars have place in things not Sacred which are likewise defined one way by that Divine Law which the Apostle cals the righteousnesse of God For therefore the Civill Law is said to consist partly of Civill institutions partly of Naturall precepts Concerning which Naturall precepts the Civill Law gives right and liberty to doe them hindrances being remov'd yea commands the same things to be done determines circumstances takes away or streightens the occasions of often transgression Lastly addes a sanction to them by the constitution of punishments which is so manifest that we need spend no more time in this Let us come to those things which by the Divine Law whether written in the hearts of men or in the Holy Bible are not at all determined To determine them either way whether they be Sacred or Profane is the right of the Highest Power Of prophane 't is most known so David of dividing the spoile the Roman Emperouis made constitutions of the solemnities and effects of Contracts and Testaments innumerable other matters Of Sacred things 't is no lesse clear if one I say not diligently read but only look into the Sacred History the Codes of Theodosins and Justinian the Novels the Capitular of Charls the Great Every where examples are so obvious It pertaines hither to institute Offices more for convenience and ornament than for necessity as David did to build or beautify temples as Salomon and Joas or to appoint a Law and manner of building them as Justinian to prescribe the manner of Electing Pastors holding Synods keeping order among Pastors alienation of things dedicate to holy uses all which very many Christian Emperours have done Now if the Highest Power shall exceede the due limits by decreeing and ordeining any thing either in Ecclesiasticall things against the Rules of Faith and Religion prescrib'd by God or in other matters against the perpetuall rule of equity as in both kinds it sometime happons Ecclesiasticall and Civill things doe againe agree in this that as a man cannot be oblig'd to obey men rather than God so if upon refusall force be offer'd there remains the glory of patience no right to oppose force to force So Christ hath caught Peter and Peter us So saith Ambrose Grieve I can weep I can mourn I can any other way to make resistance I cannot I ought not A most holy example of that patience prescrib'd unto us by God is left us by those antient Christians that liv'd under the heavy yoake of the unbelieving Emperours They were men to be feared for their number had they chosen rather to shed others bloud than their own for Tertullian shews how they had filled both the Camp and City That victorious Thebane Legion for Religion sake was contented to lose every tenth man at the Emperours Command and it is memorable that when there was one Christian put to death for tearing the Imperiall edict Commanding Bibles to be burnt Churches to be demolisht and the Christians Crucified the rest of the Christians declared He had justly deserved that punishment So deeply had the voyce of Christ sunk into their minds that forbids to take the sword Every one takes the sword who hath not receiv'd it from God God hath given it to none but the Supreme Powers and to such as they appoint No examples of the old Testament evince the contrary for when we read of the defections of people or Cities from some Kings and the impiety of the Kings set down for the cause therein the divine judgement is described not the deeds of men commended But if the Highest Power that hath undertaken the protection of true Religion be it self therefore opposed by the armes either of forraign or domestick enemies it hath all the right and reason in the world by Arms to defend its own Authority and the lives and fortunes of the Subjects For 't is all one upon the matter whether the opposition be for Religion or any other pretence nor is the Power being Independent more bound to let go the use of Religion than the possession of land at the pleasure of any other whatsoever For He beareth not the Sword in vain It hath been shewed I think sufficiently how the Highest Power hath equall Authority over actions Sacred and Prophane over the externall primarily and in regard of them over the internall also in the second place I say Authority to command and forbid what is commanded already and forbidden by God to determine things left in the midst and permitted to mans liberty and when force is offered under pretence of right to defend it self I say equall Authority over Sacred and Secular actions which Binius also a man of the Roman religion acknowledgeth In generall there is no difference but if we come to particulars 't is confest Authority extendeth not to so many Sacred things because the divine Law hath determined more of them than of the Secular for the secular affaires the Institutes of the Hebrew Common-wealth it is plain oblige not us are almost all circumscrib'd by rules of Nature saving that it may be doubted of some connubiall Lawes whether they be Naturall or out of the Divine pleasure But concerning Sacred matters much is prescribed us in the Gospell and proceeds immediatly from the will of God This being noted I see not any thing more remaining in this question for that a more diligent enquiry and greater care is need-full in things Sacred both because the Law of Nature is more known than the Positive and because errour in Religion is more dangerous this pertains to the question of the Manner to use the Power rightly and changed nothing in the Power it selfe CHAP. IV. The Objections against the Authority of the Highest Fowers about Sacred things are answerd THE right under standing of what is al ready spoken will help any one to answer all that is said against the Authority of the Highest Powers in things Sacted or Ecolefâ—asticall For first that Christ himself not the Highest Powers ordained the Pastorall office that as to the substance of the office Christ also hath set down the rules and that so far as we have before acknowledged Pastors are
not the Vicars or Deputies of the Highest Powers all this diminisheth nothing of the right of Government as will appear by the examples of other things The power of Parems over Children of Husbands over their Wives hath its oâ—iginall not from any Humane Institution but from God himself yet who will deny these Powers though more antient to be subject to the Highest The Physicians function is from God the author of Nature as the Pastor's from God the author of Grace and from Nature and Experience he receiveth rules to execute his office not from the Highest Powers nor is he in their stead when he practâ—seth and yet for all this the Physician 's function is subject to the Supreme Authority There is the same reason in other arts and professions And that Pastors are not bound to obey the Highest Powers when their Commands or Prohibitions are contrary to Gods herein is nothing singular For every private man hath so much right and that in other things as well as Sacred Yea the Judge that receives his Commission from the Highest Power being comanded by the same to judge against right and reason is not bound to obey or rather is bound not to obey which comes to passe not because the private man or the Judge is not subject to the Highest Power none will imagine that but because both the Power and they are all subject unto God and when Commands are contrary the Superiour is to be preferr'd That which some allege that the Magistrate as they love to speak is not of the essence of the Church 1. That the Church can subsist although there were no Supreme Power or that Power not a friend to the Church is very impertinent for that we may speak in their phrase the Magistrate is not of the essence of any single man not of the essence of a Merchant or Husband-man or Physician yet are all these under the Higher Powers as reason teacheth and the Apostles authority This objection hath a better appearance The promise made to the Church in the Prophet Kings shall bow down to her with their face toward the Earth and lick up the dust of her feet which words rather seem to subject Kings to the visible Church than the Church to Kings This Argument the Papists often use But truly if as Esdras and his Companions once so wee interpret the Scripture by the Scripture comparing together what was dictated by the same Spirit we shall easily find the honour of which the Prophet speaks is proper and peculiar unto Christ which the Psalmist expresses almost in the same words and it is given to the Church for Christ spiritually reigning in it as under the old Testament we read the Arke to have been adored There is therefore a Trope in that prophecy neither can the words be rigidly pressed without transferring that Majesty to the Church which agrees to Christ alone the Prince of the Kings of the earth That saying which is so much cryed up by the Papists that the Emperour is within the Church not above the Church is most true of the Church Catholick that never was never will be under one King but it must be taken warily of the visible Church of one kingdome so as not to deny the Superiority of the Empire for a King that properly bears the name of King is not only Superiour to the people taken severally but to the whole people altogether Nor is this understood of unbelieving people only of whom Christ hath said The Kings of the Genâ—â—les bear rule over them but even Gods own people Israel thus speak A King shall be over us And Christian people are taught Subjection to the unbelieving Kings by Paul and Peter Whereupon is that of Chrysostome If this berequired under Pagan Kings how much more ought it to be under Kings that are believers Nor is it materiall that pious Authors sometimes say Kings doe service to the Church for they mean only that they doe consult and provide for the commodities thereof In which sense also the old Pagans call'd a Kingdome Service So doth the Shepheard serve his flock the Tutor his Pupill the Generall his Army and yet the Flock is not above the Shepheard nor the Pupill above the Tutor nor the Army above the Generall For they that govern serve by the office of consulting and graciously providing as Austin speaks Kings therefore may be said to serve the Church not to be servants of the Church in that sense as service signifies subjection For Saul is not the servant of Israel but Israel the Servants of Saul and specially Abimelech amongst the Priests as David among the Peers So is Sadoc the Priest the servant of David and Solomon Wherefore also the greatest Synods being as it were a Compendium of the whole Church living under the Roman Empire salute the Emperours by the name of their Lords Certainly as a Father hath equally the Rule over his family whether believing or not so the peoples right Religion diminisheth nothing of the Right of the Highest Power Some think this a very strong argument against the Authority asserted to the Highest Powers that the Sacred Function of Pastors is conversant about Kings also not only as the Gospel is in generall preached unto them among the rest but as by the Ministry of the Keys it is applyed to them in particular But the weaknesse of this Argument is convinced by like examples for what Function is not conversant about the King Husbandmen Merchants and the like the King stands in need of but to come nearer the Physician cures the King as well as his Groome and prescribes to both what may conduce to their recovery moreover the Counsellour of State is employ'd about the King not only as a man but as a King Yet no man hath been so unwise to exempt either the Persons or Functions of any of them from the Highest Authority and loose them from the bonds of Humane Lawes We must come now unto them who think all Authority about Sacred things so to belong unto Christ alone that Kings cannot be partakers of it because he is sufficient alone for the Administration of his Kingdome and needs not the help of a Deputy That we may satisfy these men the actions of Christ must be distinguished His Legislation and his finall Judgement are peculiar to him In his Legislation is comprehended not only a more plaine promulgation of the Divine Law mis-interpretations being rejected and the difference laid open between the things which God alwaies approved and those which he did wink at or beare with for a time but also the constitution of the Evangelicall Ministry and Sacraments with the abrogation of the Ceremoniall Law His finall Judgement conteins the condemnation of some and the absolution of others with exhibition of the reward Which being done Christ shall put off the Administration of his Kingdome and yet retein the Majesty of a King for
ever These actions therefore being done and to be done by Christ himself Life and Death Eternall with the Promise commination and adjudgement of the same being not in the power of meer men it is certaine that in them no man is the associate or Deputy to him But there be other actions call'd intermediate and of these againe some are about the inward some about the outward man Those about the inward man are partly in the man partly concerning him In the man Christ works when by the vertue of his Spirit he illuminats some others by not illuminating he blinds he opens the heart of some others by not opening he hardens sometimes he affordeth greater aydes against temptations sometimes lesse Concerning the man Christ works when he remits or reteins sin yet for the most part in those actions also some signs of them are inwardly Imprinted in the man by Divine Efficacy All those actions exceeding the Power of meer Man are also so peculiar to Christ that he admits no Fellow in them not Vicar Ministers indeed he admits to these actions Pastors Private men and Kings too every ohe in his way But there is a difference between a Vicar and a meer Minister because it is the part of a Vicar to produce actions of like kind with his actions whose place he holds though of lesse perfection and to a meer Minister it perteins not to produce actions of like kind but such as are serviceable to the actions of the principall cause Whence it appears that the same action is properly atributed yet proportionably both to the Prineipall and the Vicegerent for the King truly Governs and gives judgement so doth the Judge also though not with equall Right But to the Principall and the meer Minister the same action cannot be accommodated without a Trope as Pastors are said to save men to remit and reteine their sins There remaine the actions of Christ about the outward man which especially consist in defence and deliverance from enemies and in the ordering and adorning of his Church actions rightly referr'd unto his providence And as the generall providence of God which hath a warchfull eye over all things although by it self it be sufficient for the disposition and execution of them yet for the demonstration of his manifold wisdome He makes use of the Highest Powers as his Deputies to preserve the common society of men whence also they are stiled Gods So that speciall providence of Christ watching over his Church assumes unto it self the same Powers to Patronise the true Faith and to them Christ also imparted his own name These are they that as Nazianzen saith rule together with Christ not by equall fellowship of power far bee from as so impious a thought but by a Vicarious and derived right which is the meaning of that in the Bohemian consession Magistrates have a power common with the Damb Wherefore seding things subordinate doâ— no fight against one another and seeing it doth not mis become the Majesty of Christ to excoutâ— the prinâ—ipall actions of his Kingdome by himself immediatly 〈◊〉 partly by himself pamly by other as â—e 〈◊〉 too the Angels Ministry out of question it follows that the earthy Empire of the Highest Power as it takes care of Sacred things doth not at all oppose or stand against the heavenly and divine Power of Christ And here we must admonish our Opponents that in the place of Christ the King of Kings and Lord of Lords they may not put upon us Presbyteries and Synods nor transferre what is proper to Christ alone to rule over Kings unto them whom both the necessity of order and divine Authority hath subjected to the Imperial Power But because in Scripture and the antient History some Government is attributed partly to Pastors partly to Churches let us see how it comes to passe that the Government of the Highest Power is not overthrown thereby For the right understanding whereof lest in the unlikenesse of things we be deceiv'd by the likenesse of words we must make use of some distinctions Government is either such as may consist with the Liberty of the Governed or such as â—â—dy not consist with it the former agrees to them who govern as Tucitus speaka by authority of persuasion not by pouâ—â—â— of Command as Physicians Lawyers Coun sellours in things not altogether necessary The later Government whereby the Liberty of the Governed is taken away is either Declarative of Law or Constitutive and this later either by right of consent or by vertue of Authority This distinction springs from the manner of introducing an obligation They that govern declaratively doc not oblige properly but occasionally as they give a man notice of that which either brings or encreases an Obligation So the Physician governs his Patient by shewing what is hurtfull what is wholsome which being known the sick is bound to use this avoid that not by any Right which the Physician hath over him but by the Law of Nature which commands every one to have a care of his own life and safety So Philosophers doe govern the Morall and Civill life by shewing what is honest what the safety of the people requires Hither are referâ—â—d the Annunciations which Embassadours or Heralds sent by the Highest Powers make unto the Subjects and as well the suasory which we have memtion'd as the declarative are wont to be comprehended under the one name of Directive regiment from which differs the Constitutive whether it ariseth out of Consent a Command That out of consent hath vertue to oblige all that have consented by the naturall law concerning the keeping of Covenants in those things which were in the right and power of the Covenanters But they that have not consented are not directly bound indirectly they are if three things concurr First that they are a part of the whole Second that the major part of the whole have consented The third that something must be necessarily Constituted for the conservation of the whole or the bettering of it Upon these conditions all and every one are bound not by any Right which the major part hath over them as Superiour but by that Law of Nature which requires every part as a part to be ordered for the good of the whole Which good oftentimes cannot be had without some speciall determination and that determination can be of no effect if it be lawfull for a few to undoe what was done by many Hence it is that the Companions of a journey the partners of one ship or of the same negotiation all Collegues are bound to stand to the decree of the major part in those things only that need some determination and belong to that Community whereof themselves are members But the Imperative regiment obligeth by the intrinsecall force of its own supereminence and the regiments of this kind as hath been said are either Supreme or placed under the Supreme and these again either derived from the Supreme
preme or of some other originall these later ordinary as that perpetuall and primitive Government of the Father over his family whence ariseth the authority of the. Pedagogue and Tutour extraordinary such as God gave by speciall Commission to some men under the old Testament The Powers derived from the Supreme either have received a right both to oblige and to act as the Praetorship or to oblige only as the Power of a Delegate Without a right to oblige there is no Power for this is as it were the naturall effect thereof Let us now apply all this unto Pastors and Churches The Apostles are forbid by Christ the Presbyters or Pastors by the Apostle to rule as Lords over Gods heritage the word is applyed to Kings Lu. 22.23 and that is not only forbid but to exercise authority which as distinct from the other is given to Great ones Mat. 20.25 Mar. 1.42 By the name of Great ones are understood such Princes as the Ethnarchs of the Jewes which were stiled Euergetae as we may see in Josephus whence that of Luke may receive some light They that exercise Authority over them are called Euergetae benefactors If therefore such right as the Highest Powers have and such as the Inferiour Powers have be denyed Pastors it followes that all Power is denyed them Christ himfelf respecting his state of a servant denies his kingdome to be of this world denyes which is lesser that he was made a judge And unto the same state he called his Apostles We have not saith Chrysostom such power given us that by authority of sentence we can restrain men from offences And saith Bernard I read that the Apostles stood to be judged I find not that they sate in judgement Pastors are call'd in Scripture by the name of Embassadours Messengers Preachers whose part it is to declare the Authority of another not to oblige men by their own Their Commission is to speak what they have heard to deliver what they have received and no more The Apostle himself concerning Virgins because he had no commandement from the Lord dares command nothing only he gives Counsell withall declaring â—would be no sin in her that should do otherwise and admonishing the Corinthians to help those of Jerusalem by some extraordinary largesse he addes not of neceßity the reason whereof went before I speak not by command The Government therefore which is given to Pastors when they are said to guide to rule to feed to be set over the Church ought to be referred to the declarative kind or to that which meerly consisteth in persuasion Where the Apostles or Pastors are read to have commanded it is to be interpreted by that figure by which they are said to remit and retain sins that is to declare them remitted or retained Nor is that to be taken otherwise when God saith he set Jeremy to destroy kingdomes that is to pronounce the destruction of them So also in those Letters of the Elders and Brethren to the Churches of Sytia and Cilicia these words to impose a burthen are to be expounded in like sort for there is no new burthen imposed upon the Christians then it would follow that fornication the avoyding whereof is a part of that burthen was lawfull before this decree but the duty of Christians is declar'd out of the divine Law which would have free actions directed to the furtherance of other mens salvations and all offences carefully avoided That the Church hath no Commanding Power by Divine right appears because the Sword is the instrument of that power by the Sword is meant coërcive force but the armes of the Church are not carnall neither hath She received any Sword from God but the spirituall that is the word of God Besides Her conversation is not in Farth but in heaven she lives on earth as a stranger not as free and strangers have no right to command Yet since the Church is a company not permitted only but instituted by Divine Law I speak of the Church visible it follows that all those things which do naturally agree to lawfull Companies doe agree to the Church also so farre as they are prov'd not taken away Among those things is the Constitutive Government which we called by consent Wee will bring two examples The law of the Sabbath being abrogated 't was at the Christians pleasure keeping a just proportion to set apart what part of time they would for the worship of God Now because that worship according to the precept of Christ requir'd a certain Congregation of godly men that part of time could not be determin'd but by corsent So the Apostles leading the way and the Church following was dedicated to holy Assemblies the first day of the week which also in memory of the Resurrection is called the Lords day Again the Apostles being themselves not at leasure to oversee the poor the Church by their persuasion Instituted the office of Deacons and made election of persons to persons to performe it In both places wee find somewhat defined and constituted by consent which without great fault none could gainsay For it was requisite that somewhat should be constituted and that could not be one or two dissenting unlesse either the minor part should give place to the major or the major to the minor This being unreasonable that was necessary This right of Constitution therefore to the Church is naturall But the Imperative Government we have shewed above not to follow from the nature of the Church and yet that hindereth not but that both the Highest and the Inferiour Authority may agree unto it The Highest if the faithfull unmixed with others and free from all subjection make up a Common-wealth of themselves This seemeth to have happened to the Jewes in the times of the Maccabees the Church had then the Highest Authority yet not properly as a faithfull people but as a free people An Inferiour Authority and liberty to use their own Law the same Jewes not only in their own Land but at Alemandria and else-where have often had with some kind of coactive Power sometimes of more sometimes of lesse extent as it pleased the Supreme Governours under whom they lived But as for the Ministers of holy things we have sufficiently shewed that no commanding Authority agrees to them by Divine right that is flowing from the Institution or nature of the Ministry it self as also 〈◊〉 the Highest Authority is incompatible â—ith snch a Ministry Neverthelesse that Inferiour Authority ought alwayes to be separated from the Pastorall office the antient Church never believed Whatsoever we have given to Pastors derogates nothing from the Authority of the Highest Powers over Sacred things for the Directive regiment consisting in the giving of counsell and declaring of the divine command is quite of another kind And 't is no marvell if the same person do govern and is
instance in Civill affaires For Kings unto whom supplication is made against the sentence of the Praetonian Prefects or of the chief Senate do for the most part commit the last hearing of the Cause to men of Law whose sentence unlesse it be suspected they confirm sometimes they command the Cause to be pleaded all again before themselves So in causes Ecclesiasticall it was the Custome for Emperours to commit the matter to the examination of other Bishops for their religion and wisedome most noted and taking account of them to confirm what in their own discretion they judged best And this is the cause why against former Synods other new and these not greater than the former were so often called not because this Synod by it self was Superiour unto that but these men had greater credit with the Emperours than the former It was but seldome that the Emperours heard all the Cause again themselves as Constantine after the Church had judged twice himself examin'd the Gause of Coecilian and gave finall Judgement in it He also call'd before him the Bishops who had met at Tyrus to render him an account of all their doings Wherein he is justly defended by our Men against the Patrons of the Roman Sea It is true in Sacred no lesse than in other matters that an Appeale strictly taken which inhibites the execurion of Sentence given may by the Civill Law be taken away but then there is left open another way to implore the Hearing of the Highest Power by Complaint or Supplication For if this be denyed the King could not scatter away all evill from his throne Hee could not be a terrour to all evill which is his perpetuall office so that the old woman said well to Philip of Macedon If he were not at leisure to be Judge Hee should not be at leisure to be King Maecenas saw this of old who sheweth to Augustus that no man under the Highest ought to have so much Power committed to him as that from him there should be no appeal One thing more must be remembred here that the right of the H. Power after the Synod to determine any thing against the Synod cannot be contracted only unto those Controversies wherein as it were the whole body of Religion is in Question For there is the same right in the parts as in the whole and the reasons before alleged give unto the H. Power a free finall Judgement in single Questions as well as in all together For also in single Questions Synolds may erre neither ought the H. Power to yield blind obedience to them much lesse by its Authority to defend a false and hurtfull doctrine or suffer the truth to be oppressed nor can the wisdome of the Highest Power permit errours to encrease by little and little and as their nature is one beget another till their number be so great that they cannot be rooted out without hazard of the Common-wealth CHAP. VIII Of Legislation about Sacred things HItherto we have spoken generally now let us more neerly view the severall parts of Authority The Act of Authority either respects all or single persons that is Legislation this if an occasion of Sute is Jurisdiction if otherwise it is called by the generall name because it wants a speciall Of this last sort the commands are such as the Centurions I say unto this man Goe and he goeth to another Come and he cometh to my servant Doe this and he doth it but the principall act is the Injunction of Functions permanent In what things Legislation is may be understood by the precedent part of our discourse for almost all things belonging to Authority we have explained by examples of Legislation as the more noble Thence it appears that a Law is made either of the things defined by Law Divine or of those that are left undefined The Laws that are made either respect the whole body of Religion or the parts of it In nothing more shines forth the vertue of Supreme Authority than in this That it is in the power and choice thereof what Religion shall be publickly exercised This all that have written Politicks put in the chiefest place among the Rights of Majesty and experience proves the same For if you enquire Why in England under Queen Mary the Roman Religion was set up but under Queen Elisabeth the Evangelicall the nearest cause cannot be rendred but from the will and pleasure of the Queens or as some will have it of the Queens and Parliament Enquire why one Religion is in Spaine another in Denmark another Sweden you must have recourse to the Supreme Governours will But many doe object If that be so the State of Religion will be very unconstant especially where one is Ruler over all for upon change of the Kings mind Religion also will be changed 'T is true indeed that they say but that danger is in all other things as well as Sacred The work will be like the work-man and the Law be as the King Yet no mans right is to be denyed him for the danger of abusing it for then no mans right shall be safe Besides although the Highest Power should transfer that right upon another which we have shewed he may not the same danger would still remaine for the right would but passe from men to men and every man may be deceived Here then our only comfort lyes in the Divine providence Indeed the hearts of all men God hath in his power but The Kings heart is in the Lords hand after an especiall manner God doth his work both by good and evill Kings Sometimes a calme sometimes a storme is for the Church more useful If the Governour be pious if a diligent reader of the Scriptures if assiduous in prayer if Reverent to the Catholick Church if ready to heare wife Counsels by him will the truth be much advanced But if he be of a perverse or corrupt judgement it will be more hurtfull to himself than to the Church for he must expect a heavy judgement from the King thereof who will not suffer his Church to be unrevenged The Church in the meane while ceaseth not to be the Church yea if the King rage against it it will gather strength and inciease under persecution Certainly 't was never lawfull for Subjects to gaine by force the publick exercise of their Religion the antient Christians when they were at strongest when they had Senators and Presidents very many of their mind never took such right unto themselves 'T is the Office of the Highest Power alone publickly to authorize the true Religion and to remove the false To remove Idols out of private places belongs to the Lord of the place and upon his neglect to the King as the Lord generall but to remove them out of the publick place is the right of the Highest Power and to whomsoever it shall delegate that office And thus is that Law of Deut. to be
imitate the Sacred Canons For in things not defined by Divine Law the Canons are usefull to the Law-giver two wayes They doe both contain the Counseis of wise men and make the Law more gracious in the subjects eye This as it is not necessary to the right making of a Law so if it may be obtained is very profitable Justinian's Novel is Extant wherein he gives the force of Lawes to the Ecclesiasticall Canons set forth or confirmed by the four Synods the Nicene the first of Constantinople the first of Ephesus and that of Chalcedon Where by the word Confirmed we must understand the Canons of the old Provinciall Councils which being generally receiv'd were therefore contained in the Code of the Catholick Canons Now to that which some Enquire whether the Church hath any Legislative Power the Answer may be given out of our former Treatise By Divine Law it hath none Before the Christian Emperours the Decrees of Synods for the order or the ornament of the Church are not called Lawes but Canons and they have either the force of Counsell only as in those things that rather concern single persons than the whole Church or else they bind by way of Covenant the willing and the unwilling being the fewer by necessity of determination and therefore by the Law of Nature not by any humane Authority This notwithstanding some Legislative Power may be granted by Humane Law to Churches Pastors Presbyters or Synods For if to other Companies and Colleges whose usefulnesse is not to be compared with the Church that Power as we have said above may be granted by the Supreme Governour why not also to the Church especially when no Divine Law is against it But two things must be here observed First this Legislation granted doth not at all diminish the right of the H. Power 't is granted Cumulatively as the Schooles speak not Privatively for the H. Power though it may communicate to another the right of making Lawes generall or speciall yet can it not abdicate the same right from it selfe Next the Lawes made by any such Company may if there be cause be nulled and corrected by the H. Power The reason is two Lawgivers both highest cannot be in one Common-wealth and therefore the Inferiour must obey the Superiour Hence it is that for the most part in the constitutions of Synods we see the assent of the Highest Power expressed in these words At the command of the King By the Decrce of the most glorious Prince the Synod hath Constituted or Decreed It may be objected here That Kings sometimes affirme they are bound by the Canons and forbid to obey their Edicts contrary thereto But this is of the same sense as when they professe to live by their own Lawes and forbid their Rescripts if they are against the Lawes to be observ'd For such professions take not away their Right but declare their will As a clause added in a former Testament derogating from the later makes the later of no value not because the Testator might not make a later Testament but because what is written in it is supposed not approved by his free and perfect Judgement And hence it is that if there be a speciall derogation from the derogating clause as the later Testament is of value so is the later Constitution too But that Canons have been nulled and amended by Emperours and Kings and that Synods ascrib'd that Power to them was prov'd sufficiently when we treated of Synods Yea which is more even those Canons which are found in the Apostles writings were not perpetually observ'd The reason is because they were supposed to contain not so much an exposition of Divine Law as Counsell accommodated to those times Such is the Canon to Timothy That a Neophite be not made a Bishop which was renewed in the Synod of Laodicea Yet in the Election of Nectarius this Canon was layd by by Theodosius and by Valentinian in the Election of Ambrose And such is that Canon That a Widow under sixty be not chosen for a Deaconesse which Theodosius also constituted by a Law Yet Justinian permitted one of fourty to be chosen 'T is not to be forgotten here that the Hebrew Kings excepted some actions from the Divine Law it selfe There was a Law That no unclean person should eat the Passeover Yet Ezechius having poured forth his prayers to God granted an Indulgence to the unclean to cat thereof Again the Law was that the Beasts should be slain by the Priests and yet twice under Ezechias the Levites by reason of the want of Priests were admitted to this office Not that the Kings loosed any one from the bond of Divine Law for that can no man doe but that according to equity the best Interpreter both of Divine and Humane Law they declared the Law Divine in such a Constitution of affaires to lose its obligation according to the mind of God himself For such a Declaration as in private actions and not capable of delay it is wont to be made by private men So David and his companions interpreted the Law which permits the Priests only to eat of the Shew-bread to have no binding force in the case of extreme hunger so in publick actions or in private also that may be delay'd it is to be made by the Highest Power the Defender and Guardian of Divine Law according to the counsell of wise and godly men And hither for conclusion I refer that in the time of the Macchees it was enacted that it should be lawfull to give battell to the Enemy on the Sabbath day CHAP. IX Of Jurisdiction about Sacred things TO Legislation Jurisdiction is coherent with so neer a tye that in the highest degree one cannot be without the other Wherefore if the Supreme Legislation about Sacredthings under God agrees to the Soveraign Power it followes that the Jurisdiction also agrees unto it Jurisdiction is partly Civill partly Criminall 'T was a point of Civill Jurisdiction that the Episcopall Sea of Antioch was abjudged and taken away from Paulus Samosatenus The Criminal from the chiefe part of it is call'd the Sword Hee beareth not the Sword in vain but is an avenger upon all that do evill therefore upon them too that doe evill in matters of Religlon Of this sort was the command of Nebuchodonosor the King that they should be torn in pieces who were contumelious against the true God and that of Josias wherby Idolaters were put to Death Relegation also belongs to Jurisdiction So Solomon confin'd Abiathar the Priest without any Council as the Bishop of Ely well notes t was indeed for treason but he had as good Right to punish him if the offence had been against the Divine Lawes So the Christian Emperours banisht Arius Nestorius and other Heretiques Esdras and his associates received Jurisdiction from Artaxerxes whereby they punished the obstinate Jewes with the publication of their goods and ejection out of the
the Rulers is supplyed by the reverence of those that obey To return to the Christian discipline that the Institutes thereof were never reckoned as Lawes Divine appears by this because 't is not in the power of man to give a Dispensation or Indulgence then but it hath been alwayes in the power of Bishops with respect had to the life of the Penitents either to prolong or shorten the time of their penance Yea and generally men in danger of death were received to Communion Which the Nicene Synod calls an antient and Canonicall Law which agrees also with the custome of the Essences in Josephus And among those that by Divine Law are forbidden to be partakers of holy things to wit the impenitent some are by the Canons kept only from the Communion of their own Province others the Clergies Communion being interdicted them are admitted to the Communion of Laicks and for the same crime a Lay-man is Excommunicated a Clerk put out of office Besides Austin teaches that Excommunication must be forborn if the contagion of sin hath invaded and o'respread the multitude Which exception were not to be admitted were Excommunication grounded only on Divine Law It appears therefore many things were added out of Humane consent which as long as they were destitute of Imperiall Authority had not only no force of compelling but saving by consent obliged no man unlesse perhaps by that Naturall Law which commanâ—s offences to be avoided In the same manner as the Canons themselves did the Judgements given according to the Canons oblige every one for as to the debate of meaner businesses the Laicks were appointed by Paul the Apostle's counsell for composing of differences so in the more weighty affairs the Clergy were the Judges unto which judgements pertains that admonition proceeding from naturall equity Against an Elder that is a man of approved faith an accusation is not to berecerved without two or three witnesses But after the Emperours embraced Christianisme then at length to Pastors as men that perform'd a publick office was some part of Jurisdiction given This was threefold by ordinary Law by consent of parties by delegation By ordinary Law the Bishops were allowed to judge of things pertaining to Religion The first that seemeth to have made this Constitution was Valentinian the first whose rescript Ambrose cites Other Emperours did the like Justinian by his Constitution exempts Ecclesiasticall affaires from the Cognizance of the Civill Judges and leaves them to the Bishops In other causes both Clearks and Laicks pleaded not before the Bishops but by their own consent Which Jurisdiction by consent the Bishops receiv'd from Constantine with so full a Right that the Cause which the Bishops had once decided should be carryed on no further that is there should be no appeal from the Bishops sentence Afterward by the Synod of Chalcedon it was made unlawfull for Clerks against Clerks to run forth to the Secular Tribunal but first the action was to be examined before him whom by the advice of the Bishops the parties should have chosen And yet if the Clerks did otherwise the secular Judge wanted not Jurisdiction but the Clerks were lyable to the penalties of the Canon First of all the Emperours Justinian circumscribed the rights of the Secular Judges and commanded that Clergy-men whether by Lay or Clergy in Civill Causes should only be sued before the Bishop yet so that the Bishop might remit the difficult Controversies to the Civill Judges and he might also appeal to the Civill Judge that would not rest in the judgement of the Bishop But the punishmen of the Clergy for Crimes not meerly Ecclesiasticall at that time and long after remained in the hand of the Civill Judges That which wee have said of the nonappeal from the Sentence of the Bishop chosen Judge by consent of parties the same Arcadius also Honorius and Theodosius doe shew in the Epistle to Theodorus Manlius Praetorian Praefect Let the Bishops sentence be firm for all that have choâ—en to be heard by Priests and wee command the same reverence to be given to their judgement which must be given to yours from whom it is not lawful to appeal For from the Pratorian Prafects was no appeal but if any one said he was oppressed 't was lawfull for him to Petition the Emperour Whence the Praetorian Praefects are said to Judge in the Sacred place that is the Imperiall which may be as rightly said of Bishops judging by consent of Parties The same right is attributed to the Patriarks to whose cognizance the causes Ecclesiasticall were deferr'd which with Inferiour Bishops could find no end Against the Sentence of these Prelates saith Justinian speaking of the Patriarks there is no place for an Appeal by the Constitution of our Ancestors The third kind of Jurisdiction wee have called that which ariseth from delegation whether of the Highest or the Inferiour Power in this kind of Causes was alwayes granted an Appeale unto the Emperour if Judgement were given by the Emperours command or to the Judge whosoever he was if by the Judges Precept In the name of Jurisdiction we comprehed the right of citing Witnesses of imposing on them an Oath and binding the party overcome by Sentence unlesse Appeal were made upon whom also execution was done not truly by the hand of the Bishop that was not becomming but by the hand of the Civill Judge Hence was the Jurisdiction properly called Audience because the Judge himselfe executed not the Sentence Wherefore above that which the Pastors and the Church had by Divine right and by the meer Canons much was added by Humane Law and the grant of the Highest Powers The people now had not only right to avoid an unfaithfull Pastor but such a Pastor by vertue of a Sentence pronounc'd against him lost his Pastorall right and whatsoever he ascribed to it and if he attempted any thing against the Sentence was punisht with relegation So the Pastor now had not only right to deny the Sacraments and every one to deny familiarity to the brother of an irregular life but it was also unlawfull for him to approach unto the Church Nor ought we to wonder this Right by Christian Emperours was given to Christian Pastors when the same indulged thus much to the Jewes that none should be admitted into their Sect nor be reconciled to it without consent of their Primates And so the Pagan Emperours of old as Ulpian saith Imposed such Commands upon the Jewes which might not offend their Superstition but the Christian Emperours gave them this farther privilege that the Masters of their Synagogues and other Presidents of their Law were free from personall and civill offices and if two Jewes by agreement referr'd their Controversies to the Jewes the Judges should execute their Sentence So much favour did the Christian Emperours bestow upon the Jewes for the beginning Truth had among them and for hope of their future
Conversion as the antient Fathers love to speak This is also to be noted Besides that relegation from the Society of the faithfull other incommodities were annexed to Excommunication to the end the offenders might be the sooner brought unto repentance And that this was no new thing but of most antient Custome deduced even from the beginning of the world or the reparation of it after the Floud the perpetuall use of almost all Nations is an argument of no small moment Memorable is that place of Caesar concerning the Druids among the antient Galls If any private person or publick stand not to their Decrees they forbid him their Sacrifices This is among them the most grievous punishment They that are under this interdict are accounted in the number of impious and wicked persons all men refuse their company come not neer them nor discourse with them lest the contagion hurt them They receive no advantage by the Lawes of the Kingdome nor are capable of any honour in it At this day in some places Excommunicate persons are interdicted the use of Common Pastures in other places a mulct is set upon their heads therefore doth Luther justly call the greater Excommunication a Politick punishment All this Jurisdiction or Imperative Cognizance Court and audience is deriv'd from the Highest Power This was the meaning of the King of Britain in that Law All Authority of keeping Court and all Jurisdiction as well Ecclesiasticall as Secular flowes from the Regall Power as from the Supreme head And the Politia Anglicana speaks thus unto King James The Ecclesiasticall Jurisdiction is plainly the Kings a prime principall and individuall part of your Crown and Dignity The Ecclesiasticall Lawes are the Kings Lawes nor doe they arise from any other fountain but the King nor are they preserv'd by any other Power but his From the Royall Power all Ecclesiasticall Jurisdiction streams by the Arch-Bishops and Bishops to the Judges Ecclesiasticall Which is also the Bishop of Ely his meaning when he saith The Judgements of the Church receive externall Authority from the Emperour Having spoken of the acts competent to the Churches and their Pastors either by Divine or Humane right the Designe of our Treatise carries us on to this consideration what acts and how farre they may be exercised about him who is endued with Soveraignty The naked use of the Keyes with that which adheres unto it by Divine right hath place no lesse about the King than about the least of the people yea is so much more necessary about Him by how more there is in his sin danger of contagion Miserable is that Prince from whom the Truth is concealed and well did Valentinian to exhort Ambrose That he should proceed according to the Divine Law to cure the soules infirmities Neverthelesse they are injurious to the Gospell who under the name of the Keyes cover their popular declamations wherein they openly traduce the actions of the Highest Powers that are either of ambiguous Interpretation or not at all known or not certainly and with much acerbity inveigh against them before the common people This is a way to please the people who being naturally jealous of their betters lend a willing care and an easic faith to such invectives but 't is not the way to edifie them Hence it is necessary that seditions follow or which is the next step to Seditions the Contempt of the Soveraign nor without reason hath that most wise writer reckoned Deubtfull speeches of the Prince among the incentives of popular Tumults A wide difference there is between the preaching of the Gospell and the use of the Keyes The preaching of the Gospel being to all is so to be attempered that it may profit all and concealing the persons aimes only at the vices It is an evill custome to turn the Pulpit into a Stage and the sweet voice of the Gospell into the old reviling Comedie The antient Romans censur'd it as an unworthy thing to accuse any man in such a place where he might not presently give in his Answer as Cicero relates But God by an edict of his Law hath especially guarded not the life only but the fame of the Highest Powers when He said Thou shalt not speak evill of the Ruler Where manifestly we must understand somewhat more to be forbidden than what is unlawfull toward private persons nor is the Law meant of Power abstractly or the Ruler only that governs well Paul applyes that command to the High Priest Ananias one that Judged contrary to the Law Saul had grievously sinned and Samuel in the severity of a Prophet denounceth Gods wrath against him yet being asked by Saul to honour him before the Elders and the People and not to leave him He denies not the request Nathan accus'd not David guilty of Adultery and Murther before the people but comes unto himself as it is credible the Baptist did to Herod when he told him of his fault So the antient Bishops and whole Synods in publick alwayes speak with greates Reverence even to the Pagan Emperours and enemies of the Church and to Constantius the Patron of Arians Neither did the Invective Orations against Julian come forth in publick till after his decease The Prophets I confesse being Divinely inspir'd did not alwayes observe this Rule And no marvell seeing God who by the ministery of Prophets anointed Kings who by Phineas by Samuel and by others slew whom he pleased and did many other things not allowed to private men He also by the same Prophets set a mark of publick ignominy upon irregular Princes For what is more true than that nien specially inspired by God to fulfill his Commands are by him released from the bonds of Law Wherefore when Shimei openly upbraided King David with his homicide David to excuse him found nothing else to say but It may be the Lord hath bidden him intimating thereby that only one way there was to justifie evill language to the King if God hath given any one some speciall Injunction for it The Prophets themselves when they were accused for raising sedition take their defence from nothing else but a peculiar Command they had receiv'd from God Truly I doe not find the Kings were thus traduc'd by the Priests whose office was ordinary as for the example of Zacharias the son of Joiada in the Gospel the son of Barachias his Speech aymed not at the King but all the people and in a common fault he exhorted all to a common repentance moved thereunto by the Spirit of God This we know Christ hath granted to them who have received injury from the Brethren that after they had admonished the injurious first alone and then before a few they might in the last place bring the matter to the knowledge of some pious Congregation Where by the name 02 of Congregation or Church learned men and among them the famous Beza not without reason understand not all the people but
the Synedry for by the Septuagint the word is given to every Company and in Moses by all the Congregation the Synedry of the Seventy Elders is signified as Aben Ezra and Rabbi Solomon have long since noted This also we know that the Corinthian who had defiled himselfe with incest was censured of many We 02 know that Timothy is enjoyned to rebuke them that sin before all that the rest may fear Which place seems by that which goes afore to be understood of Presbyters that sin who in the hearing of the other Presbyters were rebuked by the Bishops But although we understand it generally it is certain these indefinite Rules admit their restrictions and limitations according to the quality of the persons An Elder saith Paul rebuke not but entreat him as a Father and the yonger men as brethren Much more honour is due to the Soveraign Power and to Magistracy than to age Adde here which many have noted and is congruent to the Custome of the antient Church that the Prelats of the Church are not to bee reproved before the multitude how much lesse the King who is as Constantine said constituted by God as it were an universall Bishop Now as ignominious traduction so all coaction too against the Highest Power is unlawfull because all right of compelling proceeds from it there is none against it That which is objected concerning Uzziah is answer'd by interpreting the text according to the Originall thus And Azariah the chief Priest and all the Priests looked upon him and behold he was leprous in his forehead and they made him hasten thence yea also himself was compelled to goe out because the Lord had smitten him By the Divine Law it was not permitted for a leprous man to be in the Temple the Priefts were therefore earnest in hastning the King away because he was struck with leprosy and the disease it self encreasing upon him made him depart of his own accord The Priest declares God compels We have said what may be done by Authority of Divine Right the rest that hath been added by the Canons either naked or cloth'd with Law as it may wee confesse to good purpose be used upon the Emperour sometimes so if he oppose it or forbid by what right or with what prudence it may be used we doe not see For that all Government which ariseth from consent is under the Supreme Command and that all Jurisdiction is not only under it but also floweth from it is demonstrated afore nor is that in question that the Soveraign is not bound by penall Statutes Whence the antient Fathers have interpreted that of David To thee alone have I sinned to be spoken because he was a King whence also is that note of Balsamon to the twelfth Canon of the Ancyran Synod The Imperiall unction drives away penance that is the necessity of publick satisfaction Meane while 't is true that Kings to their great honour as in Civill affairs to their Courts and Parliaments so in Sacred they may submit themselves to Pastors even as to publick Judges For it is current saith Ulpian and a thing in practise that if the greater or equall subject himself to the Jurisdiction of the other sentence may bee given for him or against him But this subjection because it depends upon the Kings will and may be revok'd at pleasure diminisheth not a jot of his Supreme Command as it hath been proved by very learned men Whether or no it be expedient that a King should suffer this Jurisdiction to be exercis'd upon him is wont to be disputed They that affirme shew how by this submission of Kings much strength Authority accrueth to the Discipline of the Church 'T is true and spoken to the purpose As the Princes so will the People be and the Rulers example hath the sweetest influence But for the Negative it is said That the Common-wealth stands by the Authority of the Governour and as Aristotle the consequence of contempt is dissolution Certainly if any credit may be given to them that have recorded the affairs of the Emperour Henry and among them to Cardinall Benno the Rise of his calamity was that publickly with lamentable penance naked feet and course apparell in an extreme cold winter he was made a spectacle of men and Angels and at Canusium for the space of three dayes endured the scorne of Hildebrand A difference therefore must be made between those things which are needfull to the publick profession of repentance and the more grievous and ignominious punishments To the former some of the Emperours before Henry rare examples of Christian meeknesse have yielded willingly but Henry was the first of all upon whom any thing so ignominious was imposed or any thing at all without a voluntary submission And Hildebrand or Gregory VII was the first of all the Popes that took upon him so great a boldnesse toward the Imperiall Majesty as Onuphrius tels us who also saith that the Kings and Emperours who either upon just or unjust cause exempt themselves from these Positive censures are to be resigned up to the Judgement of God And so the Kings of France for many ages have challenged to themselves this right That they cannot be excommunicated In what fort a Pastor without such coaction may satisfy his conscience in the use of the Keys Ivo Carnotensis hath declared Let him say to the Emperour I will not deceive you I permit you at your own perill to come into the visible Church the Gate of Heaven I am not able to open for you without a better reconciliation It remains now to shew what is the Right and Office of the Highest Power about those actions which we have ascribed unto Pastors and Congregations And first as to those actions which by the only Right of Liberty and Privilege of Divine Law are exercised seeing by them also injury may be done to others it is certaine they are comprehended within the sphere of the Supreme Jurisdiction For not only the Actions which proceed from the Authority of the Highest Power but all Actions whatsoever capable of externall morall goodnesse or evilnesse are called to the judgement of the Highest Power If married persons performe not to each other what the Law of Matrimony requires and if the Master of a Family neglect his charge in these cases the Courts of Justice are of use Of all evill the Power is ordein'd the Avenger One among evils and not the least is the abuse of the Keys and unjust separation or denegation of the Sacraments There is an Imperiall Law prohibiting the Bishop that hee Sequester no man from the Holy Church or the Communion unlesse it be upon just ground And Justinian in his Novell forbids all Bishops and Presbyters to segregate any one from the Holy Communion before cause bee shew'd wherefore the Sacred Rules will have it to be done Mauritius the Emperour commands Gregory the Great to
collated by Kings Onuphrius is witnesse for the Emperours An Epistle of Pope Pelagius Bishop of Rome is extant which signifies that the Sacred Letters of the most gratious Emperour were come unto his hands requiring certain men to be made Presbyter Deacon and Subdeacon at Centumcells The publick Records of our own Country doe abundantly witnesse the Princes of Holland Zeland and West risia even from the beginning of their Principality have conferred at their pleasure upon fiâ—men the Pastorall Gure of every City and Village except in what places it could be proved that the same right was granted away to others and that Gustome was kept untill the times of the last War These examples although they be not antient are yet sufficient to refell those who have adventured publickly to affirm Pastors untill the very last times of the War were chosen by the People Here might be added were it needfull very many Records of Investitures whereby the Princes bestow upon Noble men their Vassals among other rights also the Collation of Churches And I for my part cannot understand how it comes to passe that the same right doth not still endure to this day whether it be expedient or where and how farre it is expedient is another question The States in my opinion by their pains taken in the Reformation have not deserved to be in worse condition then before they were In the Palatinate the Pastorall Cures are conferred by the Decree of a Senate which by the coÌ„mand and in the name of the Elector hath government of the Churches In the Dominion of Basil the Churches without the City have no power at all in choosing their Pastor whom the Magistrate of the City sends to feed them him they receive with reverence although they never heard him teach In the beginning of the Reformation they were content with this Call alone It is the Saying of Musculus A Christian Pastor ought not to be sollicitous about his Call nor to doubt that it is Christian and lawfull where he is called to preach the Gospell by the pious Magistrate or Prince Wherefore the Doctrine of the Reformed Churches doth not deprive the Powers of this Divine Right Neither have the States themselves ever been of another judgement for when in the year 1586 without the assent of the States a Synod was held the Earle of Lester Governour of these parts to move the States to allow of the Synod declared Nov. 16. That such allowance should be a detriment to no man in respect of that right he challenged in the Institution of Pastors And in the same year Decemb. 9. the Acts of that Synod were admitted by the States with some exceptions whereof this is one That the States Noblemen and City Magistrates and others should retain the right and Custome of Instituting and destituting Pastors and School-masters Let us now give answer to the rest of the Objections used to be brought against the Highest Powers in this regard Some say that certain Kings and Princes have abused the Elections either through a sordid love of gain or through too much favour It is too true but to the determination of the question 't is impertinent for the abuse of right depriveth no man of his right unlesse perhaps a subject by the sentence of his Superiour much lesse is a possible abuse sufficient to the losse of right Then no man shall bee certain of any right whatsoever But to speak the truth there is a greater number of laudable Elections which Kings have made And on the contrary by popular Elections the matter often was brought unto Seditions and slaughters to Sword and fire nor is the Clergy alwayes free from favour and faction no not at this day So that if for fear of incommodities Elections may be overthrown no kind thereof will be able to subsist When Genebrard an enemy to the Regall right had said the Bishops of Rome chosen by the Emperours were monsters of men the contrary was shewed by our side that they were good men at least in some mediocrity but from the Election of the Clergy and People came forth Monstces inâ—eeâ— Moreover the Greatness of the Highest Powers yields not to corruption so easily as private men nor is so obnoxious to unjust desires and importunity of Suters Lastly Ordination which remains with the Pastors and the right of contradicting which is left unto the people shuts up the way if not to all which exceeds Humane Power yet to the worst abuses The Canons are objected too and some Sayings of the Fathers That old Canon which is the 30. in their number entitled Apostolicall speaks of Magistrates not of Emperours and as the Canon next before is oppos'd to nundinations so this to violent intrusions The Canon pertains to them that being not lawfully examin'd and ordain'd invade the Church by force by the Magistrates help and favour So the Parisian Synod disapproves not Election but Ordination by the King nor all the Kings Authority but that which is against the will of the Metropolitan and Comprovinciall Bishops to whom the ordination did belong For King Charibert himself under whom this Synod was holden elects Pascentius to the Bishoprick of Poitiers whom the Comprovincials receiv'd as rightly chosen And if the Canon bear another sense yet is it nothing to the purpose For if it was made by the Kings consent it might be rescinded erther by himself or by other Kings also especially with the sentence of their Peers because no positive Lawes are immutable but if without the Kings consent then neither had that Canon the force of a Law nor could the Regall right be impair'd thereby This is certain since the Kings began to Elect Bishops many Synods have been held in France and not any one of them hath reprehended the Kings in that respect but many have admonished the King to use that study and care in choosing Pastors which was meet Whence it is evident the Gallican Bishops never found any thing in that Election contrary to the Lawes Divine 'T is very improper for our men to produce the Authority of the Nicene second Synod whereby the worshipping of Images was introduced And yet the meaning of the Canons alleged thence is no other then of those we have already answer'd That sharp speech of Athanasius against Constantius is alleged also Who having received most grievous injuries if he had uttered any thing not so generally true as accommodated to those times what marvell is it seeing other Fathers too have let fall many words which will not bear a rigid Examination Yet doth not Athanasius how hot soever in this cause pretend any right Divine but enquires Where is that Canon that a Bishop should be sent out of the Palace He shews what Constantius had done was not Canonicall and rightly for another way of Electing was then in use and that confirmed by the Authority of the Nicene Synod and by the Precepts of Constantine Now although for
things commanded by Divine Law and the things not commanded For although the right or manner of regiment somewhat differs thence wil follow no divulsion of the Churches as long as neither part ascribes to their own way the authority of Divine precept And this is the prihcipall cause why we have taken so much pains to shew That manner of Election which Kings and some pious Princes do at this time use is not by Divine Law forbidden Not that we propose their examples to be imitated by others for other kinds of Election may be either by themselves more profitable of at least to the disposition of the people and state of some churches more fit or else if for no other cause for the antient custome sake to be preferr'd but that we may not by a temerarious censure alienate from us the Kings and the Churches too by whom that manner is observ'd What we have done concerning Election the same we must doe about the offices Ecclesiasticall which some of the late Reformed Churches use and some use not That is Wee must declare nothing is either way defin'd concerning them by Precept of Divine Law whereby it will easily appear The diversity of government ought not to be any obstruction to fraternall unity Fully to understand the right of the Highest Powers this Discourse is very necessary for in things determined by Divine Precept a necessity of execution lyes upon the Highest Power in other things there is left some liberty of choise And as we have said afore The Ecclesiasticall Government for the most part is conformable to the Politicall which was also observed by the King of Great Britain a Prince of excellent wisedome Now the principall Controversie amongst the Protestants is about the Episcopall eminence and about their office who being not Pastors that is neither preach nor administer the Sacraments yet are Assessors or assistants unto Pastors and by some are stiled Presbyters or Elders Let us consider of both so farre as our designe permits for these questions are so largely handled by others that scarce any thing remains to be added Especially the most learned Beza having undertaken the defence of the Gonevian Discipline hath according to the fertilty and vigour of his wit copiously expressed what might be said both for those Assessors and against the Bishops And on the other side they that extoll the Anglican Church Saravia and the Bishop of Winchester have disputed very smartly as well for the Bishops as against those Assessors So that whoever would have perfect intelligence of these matters are to be remitted to their Books For our parts Our endeavour being to lessen not to widen the difference we will contract into a few determinations all that is either confessed on both sides or may be so clearly prov'd that it cannot be gainesaid by any but the contumacious In the first place for Bishops we take leave to use the word in that signification wherein the Synods Universall and Topicall and all the Fathers have alwaies us'd it In the Apostolicall times it is certaine though the Functions were distinct the names were not For the Function of the Apostles is call'd Presbytery and Episcopacy and Diaconary nor is any thing more usuall than for the genericall name by some particular right to adhere to one of the species as in adoption cognation and other words of the Law appears And so the name of Bishop when in the nature of the word it signifies any Inspector Overseer and Prepositus or as Jerom translates it supra-attendent for the Septuagint also have rendred the Hebrew word which is given to Magistrates by the name of Bishop and among the Athenians the forreigne Praetor among the Romans the municipall Aediles were called by this name and Cicero saith Himself was made Bishop of the Campanian coast this name by the Apostles and Apostolicall men according to the use of the Hellenists was given to any Pastors of the Church Neverthelesse by a certaine proper and peculiar right it might be assignd to them who as with the rest they were Overseers of all the Flock so above the rest were constituted Inspectors of the Pastors also Wherefore they abuse their own time and other mens who having undertaken to discusse the question take much pains to prove the name of Bishop common to all the Pastors when as the word is of a larger signification much They also doe but beat the aire who with great endeavour prove that unto all Pastors whatsoever certain things were common namely the right to Preach to exhibite the Sacraments and the like For the question is not of these things wherein they do agree but of that eminence whereby they are distinguished And that is yet somewhat more absurd that some to prove Bishops differ nothing from meere Presbyters bring in the Fathers for their witnesses That Bishops are all of equall merit as if you did say That all the Roman Senators were equall to the Consuls because the dignity of both the Consuls was equall But he is angry with himself or with his Reader who refutes such things Concerning Episcopacy then that is the eminence of one Pastor among the rest this is our first Assertion That it is repugnant to no Law Divine If any one be of a contrary opinion that is if any one condemne all the antient Church of folly or even of impiety without question it lyes upon him to prove it and for proofe I see nothing alleg'd but this Whosoever will be great among you let him be your Minister and whosoever of you will bee chief shall be the servant of all But certainly all eminence or Primacy of Pastors among Pastors is not here interdicted but all Pastors are admonisht that they may know that a Ministry is enjoyn'd them not an Empire given For the precedent words are They that rule over the Gentiles exercise Lordship over them and their Great ones exercise Authority upon them But so shall it not bee among you From this place we may much rather argue for Eminence and Primacy than against it For that which is in Matthem and Marke Whosoever will be great and the chief is in Luke He that is greatest among you He that is the President or leader Moreover Christ exhorts them by his own example The son of man came not to bee ministred unto but to minister Wherefore the precept of Ministring doth not hinder but one may be greater than they to whom he Ministreth Ye call me saith Christ Lord and Master and ye say well for so I am Therefore if I your Lord and Master have washed your feet ye ought also to wash one anothers feet And how could Christ disapprove the disparitie of Ecclesiasticall Offices when himself had appointed LXX Evangelists of a second order and lesser degree as Jerom speaketh in dignity inferiour to the Apostles as Calvin saith Much more clearly triumphing now in Heaven He hath given some Apostles and some
incommodities the Genevians feared when they took such a sollicitous and wary course for their elections CHAP. XII Of Substitution and Delegation about Sacred things IT is not enough for the Supreme Governour to know his own Right unlesse he know also how to use it in the best way Now whereas the Supreme Governour executes his Office partly by himself partly by others in those things which he dispatcheth by himself how he ought to use the Counsels of wise men is said afore nor is it unworthy to be here repeated that the Christian Emperours and other Kings alwaies had standing by their side most Religious Pastors by whose Counsels they did dispose of Sacred affairs as they did of secular by the advise of others But neither by this Help is the Supreme Governour whose influence is diffused through so many and so great businesses enabled to dispatch all things but hath need to use the service of Deputies The most weighty labours saith a wise Author of him that holds the Imperiall Ball have need of Helps And many businesses want many hands The Disputation makes a great noise in the Law-School What parts of Authority may be committed to other by the Highest Power It would be tedious and impertinent to relate all that may be said upon this queston In short some things there are which are not possible to be separated from the right of the Highest Power some things which to communicate to any other by reason of their greatnesse is not expedient Of the former kind is the right of amending Laws though made by others the right of cancelling unjust judgements if not by way of appeal at least by way of Petition the right to void elections which are against the good of the State or Church Of the later sort are these the choice of Religion and as well the Election as the Deposition of the chiefe Pastors which the Highest Powers for the most part have reserved to themselves yet not alwaies For also to certaine subjects whether Princes or Corporations we see the choice of Religion hath been granted when the necessity of the times exacted it Nor is this so new when the Persians also Macedonians and Romans granted the Jews and other Nations under their Dominions Liberty of Religion Moreover the Bishops of Rome and Constantinople we know were not alwaies elected by the Emperors The ways of committing Right to others are two Substitution and Delegation Substitution I call a mandate given by Law or Privilege Delegation by speciall Grant That the Highest Powers were accustomed to substitute Bishops we have shew'd above for thence ariseth the right of making Canons which have the force of Law the right with Power to depose a Pastor or to exclude one of the people out of the Congregation which apparently have been permitted to Synods or Presbyteries From the same Spring-head is the right of the Clergy or Chapters to make elections as may be proved by many Patents of Emperours and Kings Wherein verily their piety is worthy of all honour For they judged that unto them who were most acquainted with Sacred affairs and to whom the Pastorall Regiment was by God committed that other Regiment which flows from the Imperiall Power might also be committed most safely Would the event had not oft deceiv'd them in their so honourable design In the mean time they who endure not Pastors to be call'd in any part Vicars of the Highest Powers are to advised to depose their errour moved either by reason or the Authority of Laws and Histories Elsewhere we see the care of holy things was committed to Pastors with others not Pastors but pious and learned men and that not without example of Divine Authority For the great Synedry of LXX among the Hebrews upon whom among other things the care of Religion lay consisted of Priests Levits and men chosen out of the people No doubt in matters of Religion yea in all Judgements if I mistake not the High Priest gave his sentence before the rest Yet so that the Kings Vicegerent who was entitled Nasi had the first place and asked the Votes After which exemplar I observe the Ecclesiasticall Senate is compos'd in the Palatinate This Conjunction of the lesser Powers with the Bishops I find also in Justinian Certaine it is in the Deposition of Bishops the judgements of the Synod and of the Synators or Judges adjoyned by the Emperours met together So Pholinus is deposed by the sentence of the Bishop and the men of Senators rank whose names are recorded in Epiphanius Sometimes therefore the lesser Powers were associated to the Pastors only to suppresse violence and tumult sometimes to give sentence with them And so in the election of Bishops Justinians Law united with the Clergy the City Magistrates Which manner had not its first Originall then for Theodoret tels us After the death of Athanasius Peter was made Bishop by the suffrages of the Clergy and of the men in dignity and office Yea times have so fallen out that by reason of Schisms or the tumour of Bishops it was necessary this weighty part the care of Sacred things with command should be committed to the inferiour Powers and that without the Bishops For Aelianus Constantin's Proconsul and Marcellinus by Commission of Honorius examin'd the Laws of the Donatists and gave sentence 'twixt the parties as above is noted And in the Court of CP one of the Patricians did particularly attend the Church affairs whence his Office had its name So also the Parliaments of France by appeal the Senate of Spain by way of opposition the Court of Holland by penall writs corrected the errours of the Ecclesiastic censure Moreover that the right of electing or presenting Pastors the right of ordaining saved to the Pastors and of probation to the people was oft times allowed to lay-men alone is clear enough And this is the Right of Patronage which not with us only is in force but in England and the Palatinate as may be seen in the English Canons and the Palatine Constitutions Now as we doe not blame their piety who are sollicitous lest any mischief be done the Church under colour of this right so the truth exacteth at our hands not to let passe in silence the temerarious Assertion of those men who say this right is a new thing and depends upon the Authority of the Pope Surely Justinian is not a new Emperour nor liv'd he under the Popes Domination yet hath he established this Right by a Law If any devout person hath built a House and will ordain Clerks in it here to ordaine the Latine Interpreter translated for to elect either himself or his Heirs if they maintaine the Clericks and name such as are worthy the named shall be ordained but if the presentees are by the Holy Rules excluded as unworthy of Ordination then let the most Sacred Bishop ordaine such as he shall find more worthy This Law was
published by Justinian about the year DXLI at what time the Roman Bishops were at the Emperors devotion and created by them There is also another Constitution of the same Emperour set forth as is thought in the year DLV. and inscribed to the Bishop of C P. Which permits the Founders of Churches or of maintenance to appoint Clericks if yet they be found worthy by the Bishops examination And in the year DLIII a Canon was made is the Councill of Tolen to the same effect About the yeare DCCCXXVII were collected the Constitutions of Charls the Great wherein we find If Laic Patrons present unto the Bishops Cleriks approved both for their life and learning to be consecrated and constituted in their Churches by no means let them be rejected Not only Pastors of inferior degree but Bishops also were constituted by the Dukes of Bavaria and Saxonia by a Right long since derived from the German Emperours as hath been observ'd by others When as without such Grant the Investiture of Bishops as Hermoldus of old hath written is proper to the Imperiall Majestie Wherefore this Right was extracted from the Constitution and Concession of Emperors and Kings and is an Of-spring flowing from the Right of the Highest Power And it is so far from depending on the Popes Authority that on the contrary the makers and Interpreters of the Papall Law have opposed or clipped nothing more eagerly desiring to perswade the world that all benefices are the Patrimony of the Pope Panormitan is chief among them whom I had much rather have for my adversary in such a matter than my Second For I know most of his Comments in this kind are refuted by Covarruvia and Duarenus and other Lawyers and wisemen have herein alwaies differ'd from the Clergy of those times even unto our age See but what the the Holland Senate hath noted in the Trent-acts as contrary to the old Law of our Nation To the IV. Sect. c. 12. In this Chapter the Lay Patrons seem to be grieved To the xxv Sect. c. 4. We must beware lest by uniting Parish Churches and single Benifices prejudice be done to the Lay Patrons and in other places more to the like effect This was then the judgement of the Senate the Keeper of the old Customs of our Country which may more justly be defended by us than what our Ancestors in their unhappy time esteem'd intollerable But what if the Roman Bishops themselves what if Panormitan himself durst not require of Lay Patrons what is now required by vertue of their Authority I will not dispute about the word whether the Collation of the Patron may be call'd Election and yet Clement III. calld it so These words are cited In a Conventuall Church the assent of the Patron is better requir'd not to the election of the Prelate to be made but after it is made the following words which are very materiall being omitted unlesse the custome be otherwise by reason of his Jurisdiction For many ages before and in many places the custome was otherwise and namely in our Holland Witnesse againe the Senate Note that if the first Prebend to be void in Collegiat Churches be assigned to the Readers of Divinity the King and other Lay Patrons whose right it is in the Collegiat Churches of Holland in every Chapter should be deprived of the presentation of the Prebend first to be void In such a Collegiat or Conventuall Church the Pope hardly admitted a Lay Patron but the Emperors Kings and the Princes of our Holland as we now heard have admitted him even to the memory of our Fathers and therefore the Pope fearing he should not be obeyed added to his decree the exception of Custome which many as it now appears if they had a Papacy would not adde That our States abrogated the Right of Patronage neither is true nor can be said without their injury For they mention among the causes of the troubles the Acts of the Trent Synod and shew that nothing did more hinder the publication of them than that the Lay-Patrons complained their Right was infringed by those Constitutions What opinion the States themselves had of the businesse we have heard their own words This is a certain truth that both the election made by the Patrons may upon just causes be rescinded by the Highest Power and all this Right no lesse than other things which are the properties of private men is Subject to the Commands of Law To which restraint if we adde both the exploration of the people and the Pastorall Ordination the corruption of the Church need no more be feared from Noble Patrons than from Rustic Elders Two things remaine to be spoken before I conclude this part concerning derived Right The one is this that the Inferiour powers have by Divine Right us Authority at all about Sacred things What ere they have they have it as by the Supreme which we have elswhere noted Wherefore neither Joseph the Decurion nor the Proconsull Sergius could doe more in the Church than any private person Because neither the former from the great Synedry nor the later from the Roman Emperour had received any Power to dispose of Ecclesiasticall affairs And no man ought to snatch to himself the sword or any part thereof The other is this Being the tuition of the Church is a principall part of the Supreme Authority the Highest Powers will doe wisely if they grant as little as may be of it to the Magistrats And whatsoever they grant let them take care at least to commend these most noble Offices only to their most noble Peers For if the charge of Checker mony and Coine is committed not to the Municipall Judges but to men of higher place how much more doth it concerne the publick safety and the Churches honour that Ecclesiasticall affairs be not devolved to inferior tribunals So in France no Judges below the Parliament have cognizance of abuses of the Ecclesiastic censure nor with us of old below the Senate of Holland But the Inspection of the Church affairs is not easily to be deferr'd to them who are not in the Churches books For seeing both Jews and Christians held it irreligious to carry their private complaints before such as were Aliens to their Law much more unworthy were it and dishonourable in so great frequency of Right believers that the wounds of the Church should be committed to the cure of any other persons but only to the Sons of the Church THE END Soli Deo Gloria Erudito Lectori EX Latinis bonis Anglica non mala me fecisse si censueris est quod gaudeam Fateor autem ne mibi fraudi sit nonnulla hic omissa ea nimirum quae â—ut ipsa Res aut Lector meus faciliùs abesse pateretur Nempe istam navavi operam in eorum praecipuè gratiam qui Latina non attingunt Ingens operae pretium est ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉
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Examples appliable to the Rules of Concordance and construction 4. Collections out of the lowest School Authors 5. More elegant expressions for children 6. The first principles of Christianity by charles Hoole School-master in London in twelves 1651. 26. A little Vocabulary English and Latin for the use of little children that begin to learn the Latin tongue by Charles Hoole in twelves 1651. 27. Alexandri Rossaei Isagoge Grammatica in Gratiamily lorum qui nolunt memoriam multis longis regulis gravari concinnata in octavo 28. Jodoci Stunpelii Parnassus Epithetorum Singula Ravisii multag Prosodiae Smetii Epitheta vario metro pro Studiosis versus eleganter extempore sine epithetorum quantitatis errore Scripturis inclusa continens in duodecimo 1651. 29. Quirti Horatii Flacci Poemata Scholiis five annotationibus Joannis Bond illustrata in octavo 30. Publii Ovidu Nasonis Metamorphoseon libri 15. notis Tho. Farnabii illustrati in octavo 31. Angeli Caninii Hellenisinus copiosâ—ssimi Graecarum latinarumque vocum Indicis accessione per Carolum Hanboesium locupletatus in octavo 1651. 31. Riders Dictionary English and Latin and Latin and English enlarged by Francis Holy-Oke in quarto FINIS 1. The state of the question 2. An Argument from the Unity of the matter proved by Scripture Rom. 13 4. Pro. 20.8 Col. 3.20 3. And by naturall reason 4. An argument from the Universality of the end proved by Scripture 1 Tim. 2.2 5. And by Philosophy In fine Eudem 6. The right vindicated by direct authority of Scripture Deut. 17.19 Jos 1.8 Ps 2.12 Es 49.23.60.13.16 7. By the consent of the antient Christians 8. And of the Reformed 9. And of the Heathens 10. With respect unto crernall happinesse 11. And unto temporall prosperity Mat. 6.33 12. Which follows true Religion by vertue of divine Providence Ep. â—st 42. 13. And by its own nature in respect of Morall Precepts and doctrines and rites 14. More reasons added 1. All Functions are under Command 2. Some by Emanation 3. The Supreme Authority and the Sacred Function united in the same Person by the Law of Nature 4. It was so before Moses and after among the Nations Gen. 18.16 5. The Supreme Authority and Sacred Function separated by the Law of Moses Est 54.13 Jo. 6.45 Heb. 8.10 1 Pet. 11.9 Apoc. 1.6.5.10 6. And by the Christian Law Tim. 11. A. Can. 6.81.83 Can. 16. Can. 3.7 Novel 123 Cap. 5. 7. Sacred names Privâ—leges given to the Hâ—ghest Powers 1. Internal actions not subject to the Higher Power but in relation to external Rom. 13.5 2. Actions either determined or not determined before any humane Command 3. Actions determined by Law Divine either naturall or positive Deut. 4.8 4. Actions undetermined are the matter of humane Law and also determined both because of their adjuncts and of a new Obligation Eth. 5.10 Rom. 11.23 Rom. 13.2 5. Acts not under Humane Command are only those that are repugnant to Divine Law 6. Commands repugnant to Divine Law bind to a non-resistance wherefore 1. Miht Sect. 4. D. deâ—ve Miht Rom. 13.2 1 Sam. 8. Dent. 17.17 20. L. â—enult D. de Just jure 1 Sam. 24.7.26.9 7. Subordinate Powers not exempted from that Obligation 1 Sam. 24 7. 8. Examples alle ged to the contrary answered 9. The difference 'twixt internall actions and externall 10. What God commands cannot be forbidden by by man with validity Acts 4.19 Luke 24. 11. How Religion is not subject to Humane Power L. cum salut L. de sum Trin. 2 Chron. 29.15.30.12 12. And how it is Subject Nov. 138. Ep. 48. Rom. 1.32 13. The Highest Power may determine any Actions not aâ—ore determined by God 15 am 10.15 14. Resistance under colour of Religion unlawfull preved by Scripture examples and Objections answered Mat. 26.52 1 Pet. 2.16 15. Not so many porticulaâ—s in Sacred things as in Secular under Humane Power with the reason of it 1. That Christ Instituted the Pastorall offiâ—e answered 2. That the Magistrate is not of the essence of the Church answered 3. An objection out of Esay answered Esay 49.23 Whether Kings are under the believing people or Church Nebem 8.8 Psa 72.9 Apos 1.5 Lâ— 22.25 1 Sam. 8.19 Rom. 13.1 1 Pet. 2.13 1 Sam. 17.8.22.12 1 Reg. 1.32 4. That Kings are under the Pastors function answered 5. The Objection taken from the Kingdom of Christ answer d. And what that Kingdome is and whether he hath Vicars 6. Pastorall Govemment overthrows not the Authority of the H. Powers Distinctions of Government Directive Constitutive By consent By Command Supreme Inferiour Inferior By emanation By subjection only 8. Pastors have no coactive or temporall Power proved by Scripture and Fathers 1 Pet. 5.3 Antig. 13.2 Phil. 2. Lu. 12.14 1 Jo. 1.1 1 Cor. 11.23 1 Cor. 7.25 2 Cor. 9.7.8.8 9. Their Government Suasory and Declarative Heb. 13.7.17 1 Tues 5.12 1 Tim. 5.17 Jo. 21.16 Ast 20.28 1 Pit 3. Act. 15.23