deceives the unskilfull that they doe not enough discern the daily administration of affaires obvious to their eyes which in an Optimacy is oft committed unto one from the interiour Constitution of the Common-wealth What I have said of Kings I would have to be understood much more of them who both really and in title were not Kings but Princes that is not chiefest but first Whose Principality much differs from Supremacy And again this is to be noted that some Lords and Cities have Supreme Authority though they seeme not to have it being under the Trust and protection of another But seeing to be under protection is not to be in subjection and as the Roman Lawyers note The people ceaseth not to be free that are fairly observant to anothers Majesty these also may be endowed with Supreme Authority who are obliged to another by unequall League or tye of Homage All this I set down to that end lest any one hereafter as I see hath been often done defame good causes by an ill Defence I would more enlarge in this Argument for 't is of great consequence and here to erre is dangerous but that 't is done already with great care by many others and of late by the learned Arnisaeus Upon these premises let us come to demonstrate the parity of Empire over Sacred and other matters As in all things the thoughts are not so eafily ruled as the words so particularly in Religion Lactantius hath truly said Who shall enforce me either to believe what I will not or not to believe what I will And in this sense that of Casiodor is true Religion cannot be Commanded and of Bernard Faith is to be planted by persuasion not obtruded by violence Wherefore also the Emperours Gratian Valentinian and Theodosius said concerning an Heretick Let him think if he will what is hurtfull for himself let him not utter it to the hurt of others And I suppose Constantine had respect hereunto when he call'd himself a Bishop or Overseer of things without because the inward acts taken by themselves are not the matter of Humane power but are Subject to the power of God who by Bishops not Commanding but Ministring moves the minds of men with voices and signs yet so that the still reserves the maine Efficacy to himself alone Notwithstanding inward acts of all sorts taken joyntly with the outward fall under Humane Authority The Cornelian Law lays hold on him who carrys a weapon with purpose to kill a man and Adrian the Emperour saith not only the event in evill deeds but the will is to be consider'd So in Justinians Code concerning the Catholick Faith a Title is extant to wit for the Profession of Faith which the first Law explains All people under our Empire we require to be of such Religion c. Hence came those names of Kings Rectors Authors Defenders of the Faith So also of old the King of Ninive commanded repentance with fasting That things forbidden by God cannot with validity be commanded nor things by him commanded be forbidden by Humane power is no lesse true in other actions than in Sacred in both that of the Apostle hath place We must obey God rather than men which a Disciple of the Apostles Polycarpus hath expressed thus We have learned to render to the Powers ordained by God all the honour we can without hurting our own souls The King of Egypt Commands the Mid-wives to kill the Male-children of the Hebrews They doe not obey The cause is exprest For they feared God who by the dictate of Nature forbids to slay the innocent King Ahab would have Naboth sell him his Vineyard Naboth denyes for the Divine Law given to the Hebrews forbad inheritances to be alienated from the same family Antoninus Caracalla commands Papinian the Lawyer to defend the paricide committed by him Papinian refuses and had rather dye because he knew it was against the Law of Nature and Nations to speak false and Patronize so great a crime By the same right but with more holy affection the Apostles when the Councill charged them not to speak or teach in the name of Jesus aske whether they must not obey God rather than men and justly for they had received a charge from God himself by the mouth of the Lord Jesus in his name to Preach repentance and remission of sin and that beginning at Jerusalem for this also was specified in their Commission What therefore the Divine Command had made necessary for them to be done Humane command could not render unlawfull And in this sense the Authors are to be explain'd who say the Gospel the Ministry the Sacraments are not subject to Humane Power that is to change that which Divine Law hath introduced For first the Preaching of the word of salvation and the exhibition of the Sacraments being commanded by God cannot effectually be forbidden by men Likewise the Noursing of Parents or Children the relieving of the innocent and many other duties are so far exempt from Humane Law that the prohibition of them is of no force or vertue Secondly the forme by God prescrib'd for the Ministry of his word and Sacrament cannot be alter'd by men nor is this proper to things Sacred For also the Forme of Matrimony as it consists in the unity and individuall knot of two persons is by Humane Law immutable Thirdly it belongs not unto Humane Power to make new Articles of Faith or as Justinian speaks to innovate the Faith nor to institute a new worship of God or new Sacraments because the nature of such things will not admit thereof for nothing can be believed or done in order to salvation but what God hath declared such neither can any thing be fit to apply unto us the Divine grace unlesse God hath assign'd it to that use Yet to speak accurately these things which we have rehearsed Sacred and others may be rather said to have something in them of immutable right than simply and altogether exempted from the Rule of the Highest Powers seeing there be very many and very great acts of Authority concerning them which acts are call'd in Scripture the Commandements of the King in the businesse of the Lord. For first it is the proper effect of the Highest Powers that we have liberty and convenience to doe the things which God commandeth being freed from impediments and supplyed with helps So Cyrus and Darius gave leave to the Jews to restaur the Temple and to sacrifice there and gave them moneys too to beare their charges So by the edict of Constantine and Licinius the Christians had open exercise of their Religion Secondly not only by permitting but as before was touched Humane Law by Commanding what Divine Law doth Command superaddes another Obligation Thirdly to the actions Commanded by God the Highest Power prescribes certaine circumstances of place time and manner that they may be done decently and in order Fourthly from actions forbidden by
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
thing is needfull that the Agent have a right to doe it Now an act may be out of the Agents right either absolutely when the effect is unlawfull by itself or by reason of some Law or relatively when the effect is not under the Agents power and authority Naturally and the law Positive secluded no act can be frustrate but whose effect hath either some viciousnesse annexed or else is beyond the Sphere of the Agents power In the former respect the command of a Father Master or King is frustrate when it enjoynes Idolatry or a bye In the lâ—toâ— the command is fruit strace of a Master to the Servant of anoâ— ther man of a King to one that is not his Subject of whomsoever over actions â—â—â—egly internal such as have no relation to the outward We conclude the refore that the fault either in the understanding of the â—â—â—â—ction makes not void an act of Authority but the Commands of the Highest Powers are valid still being not contrary to Gods law though they have not â—ue opinions of things Divine of senve not God alight Examples hereof are many Pharaoh was wicked King yet ducst not Gods own people goe forth beyond the bounds of Egypt for to Sacrifice without his permission for although Sacrifice was by Divine Command and out of the royall Power â—â—t the place being undefin'd by God was not exempted from the obedience they owed unto the King Nebuchadnexâ—â— I think no man will affirme to have been throughly of the true Religion His law of â—onowing the God of Israel was â—oâ—â—ossoâ—adid than that other of worshipping the Idol vain Cyrus and his Successors as Histories relate were given to the worship of false Gods yet without their leave might not the Hebrewes rebuild the Temple for the service of the true And although the godly chose rather to compose their controversies among themselves yet being called before heathen Judges they acknowledged their Power and by necessity of the times were oft compell'd to implore it knowing that the right of judging might belong even to them that were of themselves unfit to give right judgement The controversie about the Temple of Jerusalem and that of Garizin was debated and determined between the Jews and Samaritans Ptolomy King of Egypt being judge for although the King did not himself adhere to the Mosaicall ordinances yet was he able to judge and he did rightly judge which Temple of the two which Worship and Priesthood was agreeable to that Law by which it was confest the judgement between the parties should be giv'n Felix was a wicked man but being the Vicegerent of the Roman Emperour Paul is accus'd before him by Tertullus many crimes are objected to him and among the rest that he was Prince of the Sect of the Nazarenes He denies the rest this he confesseth that he worshipt God after that way which they calld a Sect or Heresie The Question is whether this be a Crime and one of the particulars to be enquired of is concerning the Resurrection of the dead a principall point of faith The same Controversie being after brought before Festus Paul acknowledged his Right to judge Here saith he I ought to be judged And fearing the Judges partiality He appeales to Caesar the Highest Judge before whom he pleaded not his own cause onely but the Gospels For the Question was whether to preach the Gospell were a Crime Paul denies upon this ground because the Gospell was a true and saving doctrine In this cause the worst of Princes is acknowledged for Imperiall Judge by the best Apostle And if according to his duty he had acquitted Paul as many think he did at the first Hearing his Sentence had been firm and had cleerly given the Apostle a Right against the Jewes But having condemned him and in him the Gospel the Sentence was null and frustrate that is it could not bind Paul to cease his Preaching yet was it firm so far as to bind him from resisting the Prince imposing penalty Justin Marâ—yr and other most learned of the Christians presented their Apologies to Emperours not Christians to the end they might approve the verity of the Christian faith to those Judges For although a man regenerated by the Spirit of God is the fittest Judge of Spirituall things yet that the gift of illumination which respects the understanding wherein the Judgement is is given also to many unregenerate no man hitherto hath denyed Neither hath any man here heretofore reprehended Austin for these words extant in that book wherein with much pains he defendeth Grace Certainly some men have in them naturally a divine gift of understanding whereby they are mov'd to believe if they heare words or see signes that are congruon to their mindes And truly how can it be said that none but true believers can have a true judgement concerning Sacred things when as the Faith if self cannot be embraced but by judgement Wherefore 't is said to all Search the Scriptures and they of Beraea are commended that having heard Paul and Silas preach they searched the Scriptures whether those things were so This could not be done without judgement as the Syrian Interpreter hath well exprest the sense Judging out of the Scripture If then They that doe not yet believe have some right to judge private men for their private acts and the Powers for publick much lesse is it fit to exclude from judging such as having given assent unto the true doctrine by some infirmity of their mind doe yet abstain from participation of the Sacraments for Constantine the Emperour before he was Baptiz'd did with the approbation and praise of the Bishops make Lawes concerning Religion call Synods give sentence in the Synod and after sate as Judge between the Catholicks and the party of Donatus And Valentinian after he had enacted many Lawes about Sacred things departed this life without Baptisme Much lesse yet may the Highest Powers be deprived of this Judgement upon this pretence that they have not skill in all those things which are wont to be disputed by Divines If this reason prevail how many Pastors honest and faithfull but not of learning enough to be Doctors must be denyed to judge And by that reason Lawyers might intrude into the Seat of civill Judges because they are more skilfull in the Law and the Judges in City and Country concerning Wills and Contracts and such like things are rather good men than good Lawyers Adde further that in the Case of Homicide it is his part to judge that hath not learned Physick what wound is mortall what is not and whether a child may be born in the eleventh month and many things of like sort Whence it appeareth the fitnesse and ability of judging ought not to be confounded with the right of judgement which is publick and Imperative He that is most fit hath not alwaies the right and he that is unfit doth not lose it I conclude
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 principall after it and befides in some places at this time stipends out of the publick succeed in place of Lands and for all this the right of the Highest Powers remaineth the same it was Therefore by the name of Investiture in the stories of those times is not to be understood a naked sign nor are Kings to be thought so unwise that for a bare rite or Ceremony they would have undertaken so many labours and so many wars but with the sign or by the sign the thing signified must be conceived that is the Collation of Churches Which Collation it is certaine was made two wayes for either the Kings by themselves made Election freely and without the suffrages of any other or else they granted others the right of clecting the right of approving not imaginary but with a liberty to annull the Election being reserved to them selves Both of these Historians comprehend in the name of Investiture Which right remained in the Emperours untill the times of Hildebrand who first laid violent hands upon it Onuphrius Panuinus relating his life He first of all the Roman Bishops attempted to deprive the Emperour not only of the election of the Pope himself which also Adrian the third had sometimes done but of all Authority too whereby he Constituted the other Prelats to wit the Bishops and Abbats The Author here hath rightly explan'd Investiture by the name of Constitution Those two things whereof we said Investiture consisteth that is the power of choosing and the Liberty of refusing if the Bishop were chosen by any other all writers approved for their diligence in this kind have very well distinguished and knit together in the Regall Right Such a liberty of refusing I meane which is not subject to the judgement of another And indeed these Rights both of election and of rejection are of great consequence to maintaine both Church and State but the former of so much the greater moment by how much it is more to oblige the receiver of a benefit than to exclude an enemy Paulus Aemilius when he had declared how that right was extorted from the Emptrour Henry That thing saith he much weakned the Imperiall Majesties in the minds of his people for he was devested of the better half of his Jurisdiction And Onuphrius in the same manner Half his Power was at once taken from the Emperour The same Author elsewhere speaks of Henry the third This most excellent right so he cals Election 〈◊〉 retained with all his might Of the same mind were the Kings that builâ— their power upon the ruines of the Roman Empire To let passe others let us heare if you please the King of England speak himself Henry the first of that name sinaâ— the Conquest granted the Bishoprick of Winchester to William Gifford and presently against the statutes of a new Councill invested him with the possesions perraining to the Bishoprick The same Henry gave the Archbishoprick of Canterbury to Ralf Bishop of London and invested him by the ring and staffe This is that same Henry who in the relation of Westminster by William his procurator constantly alleaged that he would not for the Iâ—sse of his kingdome loose the Investitures of Churehes and affirm'd the same in threatning words Away with the unlearned Interpreters of History who doth not see here that by Investitures is meant the collution of Bishopricks The Parliament Statute also under Edward the third gives plaine evidence for the fame wherein is manifest that the Royall Right to collate Bishopricks was in England more antient then the election of the Clergy And Historics doe give their testimony too which declare how Bishopricks were collated by Etheldred and the most antient Kings seven hundred yeers agoe Afterward elections were granted to the Clergy under two conditions which were observ'd likewise in Franses that licence to elect were first obtained and the clection made were submiâ—â—ed to the Kings pleasure But in the later time the whole election was rendred to the King In our time there is an image of Election in the Chapters the whole force of it is in the King For the Bishoprick being void the King by his Letters containing Licence to elect transmitteth also the name of him whom hee would have elected Bilson Bishop of Winchester discoursing with much diligence upon this Argument in severall places affirmes that which is most true That no particular form of Electing is prescribed by Divine Law and seeing Princes are Heads of the people and both by Divine and Humane right have the charge of all externall and publick administration as well in Sacred as in Civill causes committed to them these reasons necessarily evince that the Elections are also committed to their trust at least if they bee pleased to under take the burthen The same Author saith It is as clear as the Sun that other Princes be side the Roman Emperours since the first profession of Christian faith not only had the Highest Power in Electing Bishops but by their sole Authority Instituted whom they judged worthy of that honour without expecting the suffrages of the Clergy or People I will not adde more examples or testimonies either these are sufficient or nothing is sufficient Whosoever therefore dares to condemn of Sacrilege so many famous Kings some whereof first in their Kingdoms professed the Christian faith some couragiously resisted the Popes ambition some either began or promoted the Churches reformation and among them many renowned for their holinesse and learning whosoever I say dare account them sacrilegious as if in electing Bishops they had violared the Law Divine he shall not have me for an approver of his temerarious judgement Now whereas some in this businesse of Election distinguish the other Pastors from the Bishops because indeed themselves live where no Bishops are this difference comes to nothing For such Pastors although they have this common with mere Presbyters that they are not over others yet have they thus much of Bishops that they are not under other Pastors and so 't is doubtfull whether they may be rather numbred among mere Presbyters or Bishops Moreover seeing Presbytery is contained in Episcopacy they that bestow the Bishoprick do withall bestow the Pastoral cure of a certain place or City somthing more so that the Argumentation rightly proceeds as from the greater to the lesse or rather from the whole to the part 'T is true the antient Emperours Kings mixed themselves but little with the collation of Pastorall offices of inferiour degree the reason was because they thought in reason all that lesser care might be rightly comitted to the Bishops chosen either by themselves or according to their Lawes And therefore in the most antient Canons you shal hardly find anything of the Presbyters election because all that business was at the Bishops dispose as we have shewed before Yet are not examples wanting whereby it may appear that Ecclesiasticall offices of the lesser rank also were
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
HUGO GROTIUS OF THE AUTHORITY OF THE HIGHEST POWERS About Sacred things OR The Right of the State in the Church Wherein are contained many judicious Discourses pertinent to our Times and of speciall Use for the Order and Peace of all Christian Churches Put into English by C.B.M.A. The Method of every Chapter is added in the margent and collected at the end LONDON Printed by T.W. for Joshua Kirton and are to be sold at his shop in Pauls Church-yard at the signe of the Kings-Armes 1651. Upon the Author and his principall Works He who the Greek wise Sayings did translate With equal Pen to Latium Vindicate From Jew Turk Pagan our Religion's Truth As learned as the Aged in his Youth He who th' Hollandian States Piety Presented unto every impartiall eye Who in the Lawes of Peace and War all Nations Hath well instructed And in 's Annotations On the whole Book of God hath made that light Shine to unprejudiced mindes more bright He that was studious how to reconcile This and that Church in mild Cassanders slile Hath shown what doctrine was Pelagius Who 's older Calvin or Arminius Is ever like himself Here which is much He 's Moderator ' twixt the State and Church And clearly shews you when you may prefer To th' Ancient Bishop the young Presbyter And when that new Invention may please By Elders Lay to give the Pastor ease We'ave set it out with just Care lest we might Wrong th' Author who hath done the State such Right C. B. THE CHAPTERS I. THat Authority about Sacred Things belongs to the Highest Powers II. That this Authority and the Sacred Function are distinct III. Of the Agreement of things Sacred and Secular as to the power over them IV. Objections against the Powers Answered V. Of the Judgement of the Higher Powers in Sacred things VI. The manner of using this Authority rightly VII Concerning Synods or Councils VIII Of Legislation about Sacred things IX Of Jurisdiction Ecclesiasticall X. Of the Election of Pastors XI Concerning Offices not alwayes necessary XII Of Substitution and Delegation To the Illustrious Pair my Lord and my Lady CHANDOS Right Honourable IT is the Great Name of the Author not any worthiness of the Translator that gives this Book a capacity of so high a Dedication The Author born in a low Countrey hath by his excellent works both Divine and Humane raised himself to the just Repute of the most General and the wisest Scholar of his time So that it is become a character of an Ingenuous Student as it was said in the last Age of his Country-man the Great Erasmus to be well versed in the Books of Grotius Out of whose Magazine our best English Writers to their praise have borrowed some of their best furniture The Argument of this Work is worthy the study of Princes and Great Persons From whom certainly God expects a greater care of his Churches Peace and Order To which purpose the Grave Author hath here said some things first of all some with a better Grace than any other and some that although they have been said very well by our own Men yet perhaps will be better taken as the English humour is from the Pen of a stranger The Translator's Designe is partly publick in this scribling Age wherein yet we have need of more good Rooks to Out the many bad ones to cast in his Mite into the Treasury of the Church of England whom as the Moderate Author much honour'd so He professeth himself to be one of her poor Children partly private by this Dedication of it with Himself to your Honours to leave a Gratefull Monument and a lasting Monument he hopes in those Gracious Hands that have supported him in his worst and weakest Times May Your Honours Both live to see the Publick Breaches both of Church and State fairly made up and particularly the Ruines of your Sudely And may Your illustrious Names and Vertues live after you and be increased in your Children So prayeth Right Honourable Of all your Servants the most obliged the most humble BARKSDALE Sudeley Jan. 6. 1651. HUGO GROTIUS Of the Empire or Authority of the Highest Powers about Sacred things or in matters of Religion CHAP. I. That Authority about Sacred things belongs to the Highest Powers BY the Highest Power I understand a Person or a Company that hath Empire or Authority over the People subject to the Empire of God alone taking the word Highest Power not as it is sometimes taken for the Right it self but for Him that hath the Right as it is frequently used both in Greek and Latin To call such a person the chiefe Magistrate is improper for Magistrate is a name the Romans give only to inferiour Powers I said a Person or Company to expresse that not only Kings properly so called which most Writers call Absolute Kings are to be understood in that name but also in an Aristocracy the Senate or States or the Best by whatsoever other name For although there must be Unity in the Highest Power it is not necessary the Person be but One. By Empire or Authority we mean the Right to Command to permit to forbid We say this is subject only to God for therefore it is called the Highest Power because among men it hath none above it That Authority about Sacred things belongs to the Highest Power thus defined we prove First from the Unity of the matter about which it is conversant Paul saith He is the Minister of God a revenger to execute wrath upon him that doth evill Under the name of Evill is comprehended also all that which is committed in Holy things for the Indefinite speech signifies as much as the Universall which Solomon hath expressed A King that sitteth in the throne of Judgement scattereth away ALL evill with his eyes This is confirmed by a Similie for the Authority of a Father is lesse than of the Highest Power yet are Children commanded to obey their Parents in all things Thus doe the antient Fathers also reason when from that of Paul Let every soule be subject to the Higher Powers they infer that the Ministers of Holy things must as well be subject to them as other men although he be an Apostle although an Evangelist although a Prophet saith Chrysostom Whose footsteps Bernard following speaks in these words to an Archbishop If every Soule yours also who hath excepted you from the Universall And truly there can be no reason given why any thing should be excepted For if that which is excepted be subject to no Authority at all which who can prove there will follow confusion among the things exempted whereof God is not the Author or if it be subject to some other Authority not under the Highest Power there must then bee two Highest Powers distinct which is a Contradiction for the Highest hath no equall By this same Argument the Fathers disprove the multitude of Gods because that which is Highest is above
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
added a new Obligation to the former so that the Jew doing the contrary not only offended in doing a vitious act but an act forbidden because by the transgression of the Law he dishonourâ—th God as Paul speaks As it is in the Divine Law of the Decalogue so also it is in Mans Law a proportion being observed For they that resist resist the Ordinance of God and therefore shall receive to themselves damnation as the Apostle testifies We have considered how largely the matter under Humane Power is extended and what acts belong unto it in every kind now let us see what acts are not by right within the Command thereof It is certaine those only are without the limits of the Supreme Power which are repugnant either to the Naturall or to any other Divine Law no other way of confining the right of the Highest Power can possibly be invented The things defined in the Law Divine wherein I comprehend the Naturall are of two sorts some commanded some forbidden Therefore there are two acts of Empire which belong not to the Right of him that Ruleth To command what God forbids To forbid what God commands The reason is because as in naturall causes the Inferiour have no force to work against the Efficacy of the Superiour so it is in Morall Wherefore such Commands so far as they doe contradict the Divine cannot have the proper effect of Commands they cannot Impose an Obligation Excellently saith Austin If the Curator Commands somewhat is it not to be done no If the Proconsul forbids Herein you contemn not the Power but choose to obey the Higher Againe if the Proconsul bid one thing the Emperour appoint the contrary without doubt you must hearken to the Emperour Therefore if the Emperour doe require one thing and God another what is to be done God is the greater Power Give us leave O Emperour to obey Him Yet we must carefully distinguish between the Act of Authority which moves the Subject to work and the Force offered which imposes on the Subject a necessity of suffring For when the Act of Authority is without effect and layes no obligation yet the Force hath an effect not only Physicall but Morall not on the agents part but the patients namely that it is not lawfull to repell that force by force for violent defence being lawfull against an Equal against a Superiour is unlawfull â—A Souldier saith the Lawyer who resisted his Captain going about to chastise him was punished by the Antients If he laid hold on his Cane he was casshier'd if on purpose he brake it or laid hand on the Captain he was put to death This though probably it might have proceeded from Humane Law for humane Authority binds to all things which are not unjust and it is not unjust to forbear resistance or also from the Law of Nature which suffers not a part to oppose the whole no not for self-preservation yet is it more cleerly demonstrated out of the written law of God For Christ when he said Hee that taketh the Sword shall perish by the sword plainly disallows a forcible defence against the most unjust force offer'd by Authority And hither is to be referr'd that of Paul Hee that resisteth resisteth the ordinance of God There are two wayes of resisting either by doing against the command or by repelling force with force as Austin interprets Whether the Power favouring the truth corrects a man he hath praise by it who is amended or disfavouring the truth rageth against a man hee hath also praise by it who is Crowned So Peter will have Servants subject to their Masters not only to the good and gentle but to the froward which the same Austin extending also unto Subjects Princes must be so endur'd by the common people saith he and Masters by their servants that they may exercise their patience in bearing temporall things and their hope in waiting for things eternall So it was also in the old Law where to use Subjects for servants to give away their goods to others is call'd the Kings Right not as if the King doing so did justly the Law divine had taught him another lesson yea had forbidden him to be puffed up to gather abundance of gold and silver and a multitude of horses but because doing so no man might lawfully oppose force against Him as the Romans say The Praetor gives Judgement even when he decrees that which is unjust Hence was that twice spoken of a King though most unjust yet set up by God Who can lay his hand upon the Lords anointed and be guiltlesse Neither are they by any means to be heard who against the holy Scriptures against right reason against the judgement of pious Antiquity doe arme certain Inferiour Powers against the Highest For Peter teaching obedience to the King that is to the Highest Power as Supreme to Governours that is to Inferiour Powers as sent and ordained by Him manifestly shewes all the right of Inferiour Powers to depend upon the Commission they receive from the Highest Hence Austin concerning Pontius Pilat Such power God had given him that was contained under Caesar's Power And was not David a Prince and a Leader among the people of God who was so farre from touching that Tyrants person that his heart smote him for cutting off the lap of his garment Reason confirmes what we have said For those Magistrates in respect of their Inferiours are Magistrates as long as it pleaseth the Supreme Power but in respect of the Supreme Power they are but private men because all Power and all Jurisdiction flowes from the Supreme and still depends upon it Hence Marcus Aurelius that most wife Emperour said The Magistrates judge Private men Princes the Magistrates and God the Princes By the name of Princes understanding the Emperours who were now become absolute The ancient Christendome was of the same judgement for no Governours no Leaders of legions ever attempted any thing with Arms against the most impious cruell and bloudy Emperours So that it is a very sad thing that our Age hath brought forth men of learning who by a new-coyned doctrine have opened a broad way for Seditions and Wars to enter in Neither ought we to be moved by any late examples of Arms taken up against Kings For if they were taken up against Kings upon whom the whole Right of the people was translated and who therefore raigned not by a precarious but proper Right whatsoever pretext or successe they had they cannot be prais'd without impiety But if any where Kings were bound by Contracts on Positive Lawes and Decrees of some Senate or States against these having not the highest Authority upon just causes by the judgement of the same Senate or States Arms might be taken up For many Kings even such as succeed by inheritance are Kings by name rather than by Power as Aemilius Probus hath written of the Laconians But this
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
according to the Emperours pleasure This is spoken of generall Synods in the Roman Empire But Constantine called also Topical whereof Eusebius speaks Having speciall care of the Church when discords arose in sundry places The Emperour himself being appointed by God the common Bishop or Overseer commanded the Ministers of God to assemble in Councils After the Acts of the Nicene Councill were confirmed by the same Constantine the generall Law of Synods to be holden twice every year supplyed the place of speciall consent In stead of half-year Synods in some places they had annual Nor was the Assembly at the pleasure of the Bishops but the Governours of Provinces had a charge given them to make the Bishops though they should decline it to meet together in Synods and beside those at set times other Synods also were holden out of order at command of the Highest Power But there are three principall Controversies concerning the Highest Powers right and office about Synods First whether it be lawfull for the Highest Power to command any thing in Sacred affaires without a Synod Second what is lawfull for him and what he ought to doe before the Synod and in the Synod Third what after the Synod For the resolution of the first Question we must conceive whatsoever is said very justly of the exceeding great commodities of Synods belongs to the manner of using the Right of Empire not to the Right it self For if the Highest Power should receive from the Synod any right of Governing it were not then the Highest The Highest being that which is subject unto God alone and under God hath the fullest right of governing Again if the Highest Power without a Synod could not command that which it might command with a Synod then should it receive part of the right of governing from the Synod and then because none can give what he hath not it would follow that somewhat of the Government were in the Synod which the Synod not having by any Humane right must challenge by Divine right whereas the Divine Law denies any such Power to have been given by God unto the Church as hath been shewed above and therefore not to Synods The Right being thus confirmed we make no scruple to affirme That the Highest Power may sometimes rightly order Sacred things without a Synod They that universally hold it unlawfull will never prove what they say but we shall easily For there are extant many examples of the Hebrew Kings that without a Synod gave commands in Sacred matters Whether the Church declare or not even before the Churches declaration the Kings duty is to reform what is amisse and for neglect thereof he must give account to God Eminent among the Christian Emperours is the example of Theodosius He sate as Arbitratour between severall Factions of the Bishops he gives every one the hearing he reads their confessions and after prayers to God for his direction he gives his judgement and pronounceth his sentence for the Truth To omit other examples The Kings and other Highest Powers which in the memory of our fathers have purged their Churches from inveterate errours have done according to the pattern of those antient Kings and Emperours as elsewhere we have shewed True it is and they are commended for their diligence that have observ'd it there were such circumstances in those actions by reason whereof that course was taken and no other could serve the turn And we acknowledge that course to have been extraordinary and more seldome taken but as before we say The manner of doing being divers with regard to times and persons changeth not the right but floweth from it according to the rules of prudence Nor doth any one affirm a Synod is to be omitted without cause but that sometimes there may be causes for the omission of it These causes may be referr'd to two heads either because a Synod is not necessary or because it appears it will be unprofitable That both may be the better understood we must note the Ends of a Synod in a publick Church for of this we speak We have proved already that a Synod is not called as if it had any part of the Government belonging to it The end therefore is that it may give Counsell to the Prince for the advancement of Truth and Piety that is goe before him by a directive Judgement Another end is that by the Synod the Consent of the Church may be setled and made known So although the Apostles severally had both knowledge and authority to define the controversie of Mosaicall Ceremonies it was 01 for the Churches good that it should appear they were all of one mind and that the pious people should be taught to understand the truth rightly and to make unanimous confession of it A third end may be added to the former as Presbyteries in a publick Church so Synods beside their native have an adventions right from Human Law whereby they judge of Causes as other Courts ordained by the Highest Power and so that upon their sentence coaction followes But now of all these ends none is necessary nor is a Synod simply necessary to those ends Counsell is not necessary in things manifest to any one by naturall or supernaturall Light For as Aristotle said well Wee make use of Counsellours in great matters when we distrust our selves as unable without the help of others to discern the Truth Who doubts but the man that denies God or his Providence or his Judgement after this life the man that makes God the proper author of all sins the man that denies the Deity of Christ or the Redemption wrought by him I say who doubts but a man so prophane may be put out of office or out of the Common-wealth by the command of the Highest Power without the advise of many Counsellours Again the Highest Power may have such assurance out of some former Synod that he need not call a new one Therefore a Synod is not necessary to the end sufficient Counsell may be had And as for consent of the Church to be enquir'd or constituted 't is in vain sometimes to take any pains about it when the Church is manifestly divided two wayes the parties and their heat being well night equall as in the Donatists time it happen'd in Africa Sometimes also the consent of the Church may be known without a Synod if there be extant the unanimons writings of almost all the approved Doctors in their Churches Be sides every one in private may either by voice or writing declare his opinion which Austin saith was done in his time and commends it And he that peruseth antient story shall find the Churches affaires more often transacted and consent testified by communication of Letters than by Synods as is observed by Bilson Reynolds and the Magdeburgenses And lastly it may be the Cause in hand is so peculiar to one Church that the consent of others is not needfull Now for the third end
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
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
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
the Primacy that method was alter'd by a Councill providing that merit not seniority should Create a Bishop ordained by the judgement of many Priests to the end an unworthy person might not unadvisedly usurp the place and so become a scandall to many Hee saith the primacy of Timothy among the Presbyters is acknowledged by the Apostle Whereas some learned men would hence set up a certain circular praesidency herein they are opposed by all the antient Monuments that are extant nor doe the words of Ambrose help them for receding is all one with dying or departing And whereas the Courses of the Priests are brought hither to establish this Interpretation any one may see with half an eye how impertinent it is when those Courses make nothing toward presidency which was alwaies in the High-Priest and other Chief of their Classes But the alleged Writer his meaning is that Seniority in age or rather in Function was valued in the making of Bishops Wherein although none of the Antients be on his side yet if wee understand him of certain Churches what hee saith is not incredible For also the Archimandrits or chiese of Hermitages at the Commencement of Monachism were elected according to that Order To believe him of all Churches Jeroms testimony of the Alexandrian Custom will not permit The same Writer concerning Timothy Timothy now Created Bishop he institutes by epistle how he ought to govern the Church Concerning Titus Titus the Apostle Consecrated an Apostle and so admonisheth him to be sollicitous for the well ordering of the Church No other are the judgements concerning Titus Timothy of Epiphanius Eusebius Chrysostom Oecumenius Theodoret Theophilact Primasius as by producing their words hath been demonstrated by others Yea the Oecumenicall Synod of Chalcedon saith After S. Timothy untill now have been made xxvii Bishops all ordained in Ephefus For Antiquity did not believe what of late some with confidence aflirm that they who were Evangelists could not be created Bishops As long as they walked about the Provinces they did the office of Evangelists but when beholding in one place a plentifull harvest they thought fit to cherish it with their longer Presence doubtlesse being presidents to the Presbytery they performed all offices Episcopall Upon which reason Antiquity believed that the Apostles also were truly Bishops of certain Cities namely in those places where they made longer stay or to speak more properly where they sate by which word Luke hath very emphaticully expressed Paul's abode with the Corinthians Besides Timothy and Titus we read of others advanced by the Apostles into the Episcopall throne Concerning Evodius thus to the Antiochians writes Ignatius He first by the Apostles hands was promoted to our presidency What presidency that is is not left doubtfull by Ignatius who every where distinguisheth the Bishop from the Presbyters and preferrs him above them You must doe nothing without the Bishop but be subject to his Presbytery And in another place The reverend Presbytery being dear to God is so fitted to the Bishop as the strings to the Harp And again in another place What is the Bishop but the Prince and the Presbyters but his Counsellours This is that Ignatius who saw Christ in the flesh who lived with the Apostles who next after Evodius was Bishop in the Church of Antioch A question may be made when as their office who were over the Presbyters by a certain perpetuall dignity is so antient and approv'd by Christ himself by what name was that Honour entitled before the common name of Bishops began peculiarly to be ascrib'd unto this Presidence which as Jerom thinks began about the viii year of Nero. The antient Fathers are of opinion that those Princes of the Presbyters were stil'd Apostles And truly there remain in Cyprian and other Authours not a few obscure prints of this locution Yea Paul himself when he saith Hee was nothing lesse than the chiefe of the Apostles seems to intimate there were some other Apostles of lesser mark That the name of Angel was antiently given to him who afterward began to be called Bishop the Apocalyps evinceth For it appears the word was taken as of common use because those Letters are popularly written and the Mystery of the Starrs is explained by the appellation of Angels as being very obvious but the most simple and plain denomination seems to have been that of President for by this name Justin Martyr calls the Bishop in his second Apology Another question may be By what example Episcopall Eminence was brought into the Churches It is certain there were degrees of Priests among the Heathens that the Custom was not new to the Grecians and such as sprang from Greece we learn by the most antient discipline of the Druids One saith Coesar is President to the Druids who hath amongst them the chief Authority And how antient the Emmence of Mother Cities in matters of Religion is we learn out of Thucydides where he speaks of the Corcyreans a Colony of the Corinthians upon which passage the old Scholiast notes It was the Custome to receive High Priests from the Metropolis Strabo names one Priest of the Catti who was we make no doubt the highest and among the Burgundians the greatest Priest is mention'd by Marcellinus This custome God himself approved by the legall Constitution of the Judaical Republick when hee set up One with highest Authority over all the Priests Who although in some acts hee was a Type of Christ yet the whole Institution of this Pontificate is not to be referr'd to this end alone This eminence of one Priest served for Order also as well as the Regall Power which did also in its way adumbrate Christ Although then this example might suffice yet to me the Constitution of the Christian Church seemeth not so much expressed according to the pattern of the Temple at Jerusalem as of the Synagogues For the Synagogues were in many places without any Commanding Power as neither the Church of Christ hath any by it self Adde hereunto that wheresoever the Apostles came they found Synagogues well enough ordered even from the times if the Babylonian dispersion which if they would receive the Faith of Christ as to them the Gospel was Preached before others there was no cause why they should depart from that Government that the experience of many ages did commend nor was it any burden to the Gentiles in such a matter to accommodate themselves to the Jewish institutions Now in every Synagogue it is certaine there was one who by the Greekish Jews was call'd the Ruler of the Synagogue which name occurs frequently both in the Gospell and the Acts and every where the Prince of the Synagogue is designed by it Only one place is excepted where the word being taken in a larger sense in one Synagogue are named more Rulers that is both he who as the Hebrew Masters teach us was the Prince who answers to our Bishop
and then the Pastors which Office and name remains in the Christian Church and the Elemosynaries which are like unto our Deacons Wherefore in that one place the Pastors joyned to the chiefe of the Synagogue are call'd the Rulers So in the new Testament often the High Priest with those next unto him are called the chief Priests and in Jeremy the antients of the Priests These Rulers of the Synagogues had others over them which were called Primates in either Palestine one and others in other Provinces And thus much be spoken by the way to illustrate the originall of Bishops Our fifth Assertion is Episcopacy hath been the spring-head whence many commodities have flowed into the Church The History of all times proclaims it but I will againe use him for my witnesse who in all Antiquity was the least friend of Bishops that is Jerom In the whole world saith he it was decreed that for the taking away of Schisms and divisions one being elected from among the Presbyters should be set above the rest In another place The Churches safety consisteth in the dignity of the chiefest Priest that is the Bishop to whom if there be not given a Superiour power over all the rest there will be made so many Schisms in the Church as there be Priests Nor is it any thing else which Cyprian doth so frequently inculcate Whence have Schisms and Heresies arisen and doe still arise in the Church but while the Bishop which is one and the Governour of the Church by the proud presumption of some men is contemned And elsewhere Heresies have no other Rise and Schisms no other beginning but hence that obedience is not given to Gods Priest nor is one Priest and Judge for the time in the steed of Christ elected Not only single Assemblies by the presidence of one were guarded against Schisms but as the same Cyprian saith The Universall Church was coupled together by the chaine of Priests linked to one another and united For the whole Christian world was preserv'd in concord by commerce of those Letters which were call'd formate And so much for Episcopall eminence To proceed On behalf of the equality of Pastors we have these things to say not repugnant to those afore First The Episcopall eminence is not of Divine precept This is prov'd enough because the contrary is not prov'd For Christ is no where read to have commanded it Indeed he approv'd it in the Apocalyps but it follows not Because he did approve it Therefore he did command it Episcopacy is of Apostolicall institution because it appears in some Churches Bishops were ordained or approved by the Apostles but the Apostles never commanded that such Bishops should be in every Church By which distinction we separate Jeroms case from the case of Aerius Jerom saith The Bishops became greater than the Presbyters by custome rather than by the Lords dispose As also Austin Episcopacy is greater than Presbytery according to the titles of honour which the Church hath used When the Fathers speak of Custome they exclude not Apostolicall institution yea as Austin saith What is observ'd in the Universall Church nor is instituted by Councils but hath bin alwaies kept is most rightly believ'd to have been deliver'd by no lesse Authority than Apostolicall But as we have elsewhere said it is not presently of Divine precept whatsoever is instituted by the Apostles for many things are instituted with reservation of a Liberty to make a change That the people should with a clear voice say Amen at the end of prayers That the Preacher should be uncover'd was a Constitution in the Apostolicall Church Which in many places now we see is not observed Moreover the Apostles so appointed Bishops that they left certaine Churches without Bishops as Epiphanius acknowledges There was need of Presbyters and Deacons for by these two the Ecclesiasticall Offices may be compleat but where none was found worthy of the Episcopacy the place remain'd without a Bishop but where was need and they were worthy of the Episcopacy Bishops were ordained Those Churches therefore as Jerom speaks were govern'd by the common Counsell of the Presbyters This we shall adde in the second place It was not universally observ'd that one Bishop should be over every City Of the Apostles time we suppose it is already prov'd And afterward more Bishops than one were in the same City in imitation of the Jews who had as many chief Rulers as they had Synagogues but in one City often times were many Synagogues or as Philo cals them Proseuche places of prayer So at Jerusalem was one Synagogue of Libertines another of the Cyrenians a third of the Alexandrians And at Corinth about the same time were named two chief Rulers of Synagogues Crispus and Sosthenes Epiphanius declares it was instituted first at Alexandria that in the whole City should be but one Bishop At last in the VIII Nicene Canon we see it was defin'd That there should not be two Bishops in any City yet so that withall it appears the Canon was sometimes dispenc'd with For the Canon permits that Bishops returning from the Sect of the Cathari to the Catholick Church should retein Episcopall honour next to the Catholick Bishop So the Ephesin Synod after the Election of Theodorus grants that honour to Eustachius as appears by an Epistle to the Synod of Pamphilia and in the conference before Marcellinus the Catholicks offer the same unto the Donatists if they would returne unto Communion Every one of us receiving an associate of his honour may sit with greater eminence the peregrine Bishops sitting by as a Collenge Valerius also in the Church of Hippo assumed Austin to himselfe Which although Austin saith 't was done through ignorance of the Canons appears yet to have been a thing not unheard of afore much lesse believ'd repugnant to the Law Divine Moreover the Episcopall Chairs in many Cities were often void not for some months only but many years together all which time The Churches that I may againe speak with Jerom were govern'd by the Common Counsell of the Presbyters or as Ignatius saith The Presbyters fed the flock untill God should shew them one to governe them To the Roman Clergy we see Cyprian wrote many Letters and the Clergy answer'd him concerning all things pertaining to the State of the Church Furthermore all the antients doe confesse there is no act except Ordination so proper to the Bishop but it may be exercis'd by the Presbyter Chrysostome and Jerom are very clear in this point And although in the judgement of these Fathers the right of Ordination is denyed Presbyters which may be seen in the constitutions of many Synods partly Universall partly topicall yet why may not this be understood that the Presbyters could ordaine none in contempt of the Bishop That they did in some sort concurre to Ordinations with the Bishop seems to appeare by the IV. Synod of Carthage When
saith he between the State and people was constituted by Authority of the Church Farther we must observe by the word Seniors Ecclesiasticall writers doc often understand not dignity but age It is certaine the Bishops of old seldome disposed any affairs of greater moment without consulting the Church Which course was alwaies profitable in the times of persecution or upon imminent feare of Schisme almost necessary For this cause to lay the murmuring which arose about the daily ministration the multitude of the Disciples were call'd together So after Paul was come to Jerusalem when there was a rumour of him that he taught the Jews to forsake Moses although all the Elders were present it is said the multitude must needs come together Cyprian saith I could returne you no answer alone because ever since I was made Bishop I resolved this word shews it was arbitrary to doe nothing on my own head without your Counsell the Clergy and consent of the people 'T is plaine as in the Ordination of the Clergy so in separating and in reconciling the lapsed the people were wont to be consulted with Not alwaies all the people among whom were Women and the younger sort but the Fathers of Families and not all these neither but the elder and of riper judgement who haply are the Many of whom Paul speaketh These were often consulted with in place of the people In the acts of purgation of Cecilian and Felix are mentioned the Bishops Presbyters Deacons Seniors and after Take unto you your Brethren of the Clergy and the Seniors of the people Some be Seniors then who are not Clerks and therefore Laiks For these are still distinguisht in the Fathers 'T is ill favouredly done of them that take this word amisse for it is no terme of disgrace but is necessarily used to distinguish the Clergy Seniours from the rest Neither have the Fathers only so spoken whose Authority yet at least ought to suffice for the retaining of certaine words but the Prophets themserves in whom the Priests and people are divided Rightly then are they called Laiks who are not Priests that is dispensers of Divine mysteries Austin writes To the Clergy and Seniors of the Church of Hippo and in Turonensis it is Before the Bishop Clergy and Seniors Yet I will not peremptorily deny but by Seniors in those places may be understood Magistrates who as we have even now said were stiled by that name So Leo inscribes an Epistle To the Clergy the honour'd and the common people And as in some places it may be doubted whether by the word Seniors the Magistrates or the Elder in age are meant so in other places question may be made whether by the same word the Elder in age or the Priests are signified As when Gregory appoints If any Clergy man be accused let the truth be inquir'd the Seniors of the Church being present And when Austin mentions them that for ebriety thefts and other errours are rebuked by the Seniors And when Optatus shews the Ornaments of the Church were commended to faithfull Seniors For all this may agree both to Clergymen and Laymen But most worthy of our consideration is that place of an uncertaine Authour commonly reputed Ambrose out of his Commentaries on Pauls Epistles The words are these Old age indeed is honourable among all Nations Whence it is that both the Synagogue and afterward the Church had Seniors without whose advice nothing passed in the Church How this is grown obsolete I know not unbesse perhaps by the dissentions of the Doctors or rather by their pride whilst they alone would seem to be some-body That we may know the writers mind we must see whom he cals Seniors in the Synagogue Whether the Magistrates who were called Seniors sure enough that the Synagogue may be a Bench of Judges as in Matthew They shall scourge you in their Synagogues I think not although many things as we shall shew anone which belonged to the Jewish Magistrates are wont by a certaine similitude to bee applyed to the Christian Presbyters Hear the same Author elsewhere declaring It was a Tradition of the Synagogue that the Seniors in dignity disputed sitting in their Chairs the next on Benches the last in the pavement upon mats I suspect the word in dignity stole out of the margin into the text For Philo describes the same custome thus They that come to be Priests take their places in order according to their age the younger beneath the elder Wherefore the Seniors in age sate first And questionlesse some such order of sitting was observed in the antient Church which James would not have neglected when he reprehends them that give the honour of the highet seats to rich men only the poof being thrust known below or enforced to stand It follows in Philo One of the most â—â—â—â—full passing over the difficult places of the Holy Bible makes an exposition of them 'T is to be noted in the Synagogues of the Jews to every one exercised in Holy Writ and all were so except mechanicks as also among us it was permitted to interpret Scripture By this common liberty Christ taught in the Synagoues and after him the Apostles Memorable are the places Luke iv and Acts xiii There the book is reached forth to Christ here Paul and Barnabas though unknown are asked to speak unto the people If they have any word of exhortation If no stranger or none of the people offer'd himself then the chosen men of the Seniors who were nam'd the Fathers of the Synagogues the Majors and by an excellency the Seniors interpreted the Law And these being not well provided it was the Rulers Office Some what correspondent to this we find in the first Christian Church For they that have the gift of prophecy are permitted by the Apostle to speak unto the people at the Assembly by two or three and the rest to judge That miraculous gift ceasing it was hardly lawfull for any one except the Pastors to teach among the Christians Indeed we read of Origen and a few more not Presbyters who taught in the Church but that was seldome and not without peculiar licence of the Bishops For the Bishop of Caesarea being reprehended for permitting Origen to teach alleged three examples of the like concession adding it was credible though not apparent the same was done in other places Here now we see some difference between the Interpreters of the Law in the Synagogue and the Interpreters of the Gospell in the Church In the Synagogue they taught as many as had any word of exhortations in the Church all what were approved and had obtained the honour of a Testimoniall as Tertullian speaks that is they that were ordained The Judges of the Highest Synedry were wont to be ordained by imposition of hands but of the expounders of the Law the same doth not appeare A reason of the foresaid difference is not only because the Preaching of
such labours not vulgar Paul saith he approved himself the Minister of God for explication whereof he addes painfulnesse hunger thirst watchings and all kinds of incommodities Christ in his Epistle to the Bishop of Ephesus having said I know thy works addeth as somewhat greater and thy labour Paul againe oft-times attributes to himself to labour and the same to certaine holy Women which renouncing the world went up and down for the service of the Gospell To these Presbyters then who care for nothing but the Gospel and for its sake expose themselves to all distresses reason it self will dictate somewhat more to be due than to the rest So also Paul to the Thessal ascribeth to rule and to labour unto the same persons We beseech you brethren to know them which labour among you and rule over you in the Lord and admonish you And to esteeme them very highly in love for their works sake All the error of the new Interpreters ariseth hence that they think in the word and Doctrine is to be pronounc'd emphatically when the Emphasis is in labour for explication whereof is added in the word and Doctrine Such another hallucination is theirs who in the words of Paul to the Cor. where he discourses of the Supper Let a man examine himself they urge the word himself when the Emphasis is not there but in the word examine nor is himself put distinctively but declaratively Moreover that clause in the word and Doctrine could not so well be joyned with the first part of the sentence as the second because it hath very fit coherence with labour not so with rule I will give you like forms of speech which no man will charge with unaptnesse Masters that bring up youth are profitable to the Common-wealth they especially that attend this one thing night and day to make their Scholars good proficients both in vertue and learning Physicians who cure the Body are to be had in great esteeme They above therest who with no lesse affection than pains doe their utmost endeavour to preserve or restore our health Compare the thread of Pauls discourse herewith you will see all to be even and square Other places that are wont to be alleged are more frigid and vanish of their own accord Rom. 12. Divers gifts and according to the measure of gifts divers actions are reckoned up but such as doe not yet make divers Functions As the same may be He that giveth and He that sheweth mercy So nothing hinders Him that exhorteth and Him that ruleth to be the same For out of the two places already produced it is manifest that to rule is attributed to Pastors as also to guide Heb. 13.7 Likewise to the Corinth not only divers Functions are enumerated but also many gifts which meet in the same Function As therefore miracles and gifts of healing doe not make divers Functions so neither doe Helps and Governments but all these are aids and ornaments of the Pastorall Office Thus far we have endeavoured to make it appeare that the Adsession we speak of is not by Divine precept The fruit of which determination is that we entertain no worse opinion of the antient Churches than is meet nor of the late reformed who make no use of those Adsessors Now on the other side what we conceive may be said for that Office shall fairly be produced First That Office might lawfully be instituted either by the Highest Power being Christian only the Church where the Highest Power either car'd not for the Church or granted leave to doe it For seeing it hath the Highest inspection over all the actions of Pastors as the Custos of both Tables nor can it execute all things by it self it was lawfull to delegate some who in its name might be among the Presbyters with that right which the Highest Power was pleased to communicate unto them Which by that that shall be handled in the next Chapter shall be made more manifest The Church also is not interdicted by Divine Law to institute Offices making for the conservation of order and for edification and it hath that liberty remaining untill it be circumscribed by some Law of the Highest Power These things need no proof for they shine by their own light and no Divine Law can be shewed to the contrary Secondly Some passages may be found in Holy Scriptures whereby it may appeare this institution is not displeasing unto God I prove it first in respect of the Highest Power by the constitution of the Judaical Synedry wherein with the Priests there sate men chosen out of the people preposed truly to Civill affairs but to Sacred too as hath bin shew'd afore Wherefoâ—â— when out of the new Testament on the contrary part nothing is alleged hence we doe rightly collect that Jurisdiction in Sacred things that is publick judgement and joyned with command may be committed to some of the people with the Pastors especially if the better part be deferred to the Pastors as in Sacred things greater was the Authority of Amariah the Priest then of Zebadiah the Ruler By the same argument is rightly defended the Ecclesiasticall Senate which by the Commission of the Elector Palatine rules the Church affairs with command and consisteth partly of Pastors partly of pious Magistrats In respect of the Church also the same is thus made good It was lawfull for the Corinthian Church even without the Apostles Authority for the Apostle reprehends the Corinthians for not doing that which now he chargeth them to doe to constitute in the Church some to determine private controversies If so much was lawfull to the Church for avoyding of contentions why might not as much be lawfull for avoyding of the mischief of Oligarchy Besides it is oft times expedient that the whole multitude of believers be consulted in the Church affairs as above we have shewed why may not then the Church adjoyn some unto the Pastors who may consider this at what time it is needfull that the Church be consulted It was also lawfull for the Church to make choice of some who might in their name carry and dispose of their mony wherefore seeing the Pastors have inspection over the Deacons the Church may for this purpose joyn some associats to the Pastors Lest any should blame them in their Administration of the Churches benevolence that I may speak with the Apostle Lastly it was lawfull for the Antiochian Church to delegate some out of their Company to be present at the Debate of the Apostles and Presbytery of Jerusalem by whose testimony they might be assured all was there done according to Gods word and without partiality Thirdly Examples in pious Antiquity are not wanting which if not wholy Consonant yet come very near unto this custome On the part of the Highest Powers it is most evident the Emperours appointed Senators and Judges to sit in Synods Inspectors and moderators of their actions Nor
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 〈◊〉 〈◊〉 〈◊〉 〈◊〉
Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin â—ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men
5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht â—om it Separation Epist 68. Jo. 10. Rom. 16.17 Tiâ— 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct froÌ„ them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the Supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons Which are refelled by Scripture and the objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de â—pisc Clâ—ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall appâ—als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyteâ—s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Polluâ— l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutabâ—lity in the manâ—er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 19. And may it self make Election upon just cause 20. This proved by reason 21. And by examples in the state of Naturall Law And under the Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures by them is meant the Collation of Bishopricks L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distinguâ—sh◠〈◊〉 â—ot necessary 3. Of Bishops and Lay-Elders 3 The word shopâ— plain Here â—â—ken so the Oâ—â—sver â—â—stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd Lâ— 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right oâ— Ordination 16. For what reasons Bishops were laid by in some Churches De Minister â—vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall â—ime 18. All the antients by Presbyters understand only Pastors The ambiguâ—ty of the word Seniors and Elders 19. The Penitentiary Presbyâ—er De penitenâ— 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the dâ—fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Chaâ—c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cerâ—ain cauâ—ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. Tâ—id 11. All Patronages subject to the Highest Power 12. Inferior powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox