him â and the extent of such indirect power hic Supra §. 9. XVI For the discharge of this trust reposed in him by God there is a necessity of his having an Indirect Power in Spirituals as a Branch of his Supreme Power of Jurisdiction over all conceded to him And this is a great Right belonging to him and such as is principally necessary for the discharge of his Trust mention'd in every Ecclesiastical Uniformity And this is is usually called his external Power in contradistinction to the Ecclesiastical Persons Internal power but now mentioned also in the Church and Church affairs And the extent of it is to the doing of all things 1. Negatively which are not the matters properly belonging to the Ecclesiastical Persons function And secondly positively which are necessary for the discharge of the Trust reposed in the Civil Magistrate And if any man have a mind to take a farther view of the particulars included in this General let him look into the Canon Law For Mutatis mutandis in whatsoever matters the Pope there claimes an indirect Power in Temporals for the support of his Pontifical Greatness in matters answerable on the Magistrates part and according to his Occasions doth it belong justly to him to have an Indirect Power in Spirituals in any Society XVII That this indirect power is his Right both by the Law of Nature and Nations and the Divine Law And this Indirect Power in spirituals is a Right belonging to the Supreme Magistrate in the General both by the Lawes Natural and Divine and by that of Nations also and hath in all Ages and by all particular Lawes of Countries and Practises of men been ever granted to him excepting where the Ecclesiastical Person as such hath unjustly usurped the Authority of the Civil Magistrate and constituted himself as Supreme amongst men as in the Case of Rome XVIII That it belongs to the Civil Magistrate by the Law Natural it is evident from hence First by the Law Natural because he that shall deny such a Power to him must either deny every part of that which we have mentioned yea even the Civil part of the things also to be his Charge and that with an unheard of falsity or else must deny him the means of preserving the welfare of his Charge i. e. must deny him the means necessary to the end and that with a more then tolerable absurdity For to what purpose shall God commit to the Magistrates Charge the welfare of Religion and of the present Lawful Government and of the consistency of Religion with the present lawful Government both Ecclesiastical and Civil as he hath done if he shall not in the mean time grant him the means necessary for the attaining this end and which he himself hath in the Nature of things appointed to be used for the attaining to it Truly this cannot be rationally answer'd And that such an indirect Power in Spirituals as we have mentioned is a means necessary to the attaining this end it will be evident to any one who shall consider the Infirmities and Corruptions of men and by how many thousand pretences and occasions taken from matters spiritual both all Divine and Humane Affairs in any Society may be disturb'd and utterly confounded And if any other then besides the Civil Magistrate shall have the Possession of this Indirect Power in Spirituals and not the Civil Magistrate himself for his occasions how shall he be capacitated to look to his charge mentioned That would be a most imperfect Government sayth Padre Paulo History of the Inquisition Chap. 29. in this business which in it self should not have a means to provide for things necessary but should stay for a Remedy from him that should give it according to his proper interests as the Infirmities and Corruptions of men being considered will be suppos'd concerning others in this matter and not according to the publick necessity Ibid. In his considerations upon the censure of Pope Paul the fift against the Common-wealth of Venice in 4to pag. 31. And saith he farther the opportunity of having power to work after one's own Phansy may cause a Saint to over-run his course and when a Potentate hath not the favour of him that commands in Ecclesiastical Causes Religion is made a Pretext to oppress him And saith he also elsewhere Nature in all her final drifts giveth such faculties and Powers as are necessary for the attaining the same And shall God set down an end and Commandement which cannot be executed without the favour of men this is too great an inconvenience And such then must be the Case of Princes in this business in respect to the preservation of the welfare of their charge yea even of that very part of it which consists in Affairs purely Civil and so belongs primarily and most properly to them and to be looked after by them in the world or else nothing at all doth so if such Power as we have mention'd be not conceded and whether it may be either any suhordinate Magistrate or any Ecclesiastical Person or any other person whatsoever who shall usurp it from him Secondly by the Divine Law XIX That this indirect power in spirituals is conceded to the Civil Magistrate also by the Divine Natural Law it is as evident from the Concession of it by God to the Patriarks and others of Old and to Moses and all the succeeding Kings of Israel afterwards throughout all the several Ages of the Old Testament And in the new we are bid to pray for Kings and all that are in Authority 1 Tim. 2.1 2. that we may lead a peaceable and quiet life in all Godliness and Honesty and the like needless to be recited Thirdly and lastly by the Law of Nations also XX. In the third and last place then let us see what the Law of Nations hath been in this particular and that in both the acceptations of it both as that Law is taken properly and improperly 1. Properly And as to that it hath been a general compact of man-kind ever to treat with the Soveraine Princes of Countries about the state of their Religion So in the Convocating of the Divines of the several Countries to the Oecumenical Councels in the Europian Parts of Christendom yea even in the times and places of the greatest Papal usurpation and the like 2. Improperly And as to that let us view the Lawes and practises of Countries within themselves and in their separate Capacities in respect to others 1. It is to this purpose and for the retaining with more Solemnity the investiture of this Power in Princes amongst other respects that the same person hath been so frequently both King and Priest in so many Ages and Societies in the World Let us look first amongst the Hebrewes I have recited formerly the Tradition amongst them of the first heads of Families their being both Kings and Preists to those that were subject to them And
Interpreters then in any National Church and in relation either to its Temporary or Perpetual occasions to the Original Divine or the Derivative Humane Canon of Doctrines or to the Liturgy or any other more derivative Writings or other matters framed from it and according to it are of divers sorts They are either Supreme or Subordinate The Supreme is the Chief Magistrate as shall be further evidenc'd by and by And the Subordinate are ordinarily and most properly in relation to matters directly concerning Religion the Ecclesiasticks or Church-men in any Society And that in their several Capacities and according to the Designation and intent of their Ecclesiastical Function in the general and also as deputed in Ordinary by the Supreme Magistrate mentioned And in relation to matters more directly concerning Government he hath his Counsel or Ministers of State of what kind soever ordinarily to attend him Yet Omnium tamen harum Interpretandi Scientia Actiones apud Collegium Pontificum erat sayes Pomponius in the Digests D. De Orig. jur L. 2. ¶ Deinde Ex his That the Colledge Pontifical amongst the Romans had so great veneration shewed to them as that they had the power of Interpretation committed to them even in Civil Actions and Causes And this might be either for more Special or common reasons The Subordinate Interpreters then again are such either in Conjunction one with another as in the Church Representative or else simply and by themselves as in more ordinary Cases And in both these Capacities they are so many times in Conjunction one way or another with the Civil Magistrate And in each of these Capacities again their Interpretations also are such either pro tempore or pro perpetuo And those pro perpetuo and fixedly are ordinarily in Writing And those pro tempore and upon any temporary occasion are either in Word or in Writing And the Interpretations of each of these sorts and degrees of Interpreters ought to have their due repute and credit amongst men The Liberties however which have been heretofore mentioned as belonging to the members of any National Church in respect to these Interpretations Lib. 2. cap. 4. §. 4 5 c. And cap. 11. §. 6. alibi The Right of the Supreme in respect to his Interpretorship Asserted being reserved to them in the mean time III. But amongst all these sorts of Interpretors it is the Supreme Interpreter still who stands in the most important relation as was said to the matters of an Ecclesiastical Uniformity and whose office therefore is here most designedly treated of And the Cheif Magistrate hath his Right and Title to this his Supreme interpretorship derived to him from all the three sorts of Lawes which are observable amongst men viz. both from the Law Natural and the Divine and that of Nations also 1. From the Law Natural And it dictates his Right and Title to it evidently and necessary for the preservation of his Publick Charge in all the parts of it and especially in that of the Consistency of Religion with Government Which how easily it may be subverted and the Magistrate wronged and ruined by any other if he shall have the faculties of this Supreme Interpretorship in his hands it was but now mentioned And what a Temptation also the Magistrates Temporal Splendors and his Crown and Dominions will be to any one so to attempt the Ruine of him it needs not be here mentioned neither And this more particular Right and Power then of the Chief Magistrate is one Principal part of his Indirect Power in Spirituals Lib. 2. cap. 11. §. 2. 4. and which is more especially necessary for the retaining his more General Right above mentioned of the framing his Ecclesiastical Uniformity in any Society 2. In like manner also is this Supreme Interpretorship of the chief Magistrate dictated by the Divine Law of both the Testaments and Books of God So in the Old in relation to the Kingdome of Israel At the delivery of the Law at mount Sinai Moses was Gods Messenger most eminently Authorized and went down saith the Text unto the People and spake unto them Exod. 19.25 and vers 24. But let not the Priests and the People break through to come up unto the Lord least he break forth upon them And it was accordingly fixed for a perpetual Law in Israel that the Supreme Judg of Controversies as well Sacred as Civil should be the great Synodrian or Kings Councel assistant to him meant by the Judge in those dayes Deut. 17.9 and 12. And this was the Right which was exercised by Jehosaphat 2 Chron. 19.8 Moreover sayes the Text in Jerusalem did Jehosaphat set of the Levites and of the Priests and of the Chief of the Fathers of Israel for the Judgment of the Lord and for Controversies when they returned to Jerusalem And afterwards vers 11. He deputed Amarieh principally in all Sacred and Zebadiah in all Divine matters And who knowes not but that the Supreme Authority in Israel did exercise the Supreme Power of Judging of all kinds of Superstitions and Idolatries Blasphemies Heresies and even of Prophecies and Miracles and the like See Deut. 12.28 29 30 31 32. Deut. 13.1 2 3 4 5 6 c. Deut. 17.2 3 4 c. Deut. 18.9 10 11 12 13 14 15 16 c. Levit. 24.10 11 12 13 14 15 16 c. If we look into the New Testament the same thing is assented to and approved of by it and although the Christian Church at the Writing of it were not National yet it provides for its being National It commands in the general the giving unto Caesar that which is Caesars Mat. 22.21 It appoints in the case of the Trespass of a Brother the telling it to the Church i. e. as dependent ultimately upon the Chief Magistrate Matth. 18.15 16 17. It appoints Prayers to be made for Kings and for all that are in Authority that we may lead a quiet and peaceable life in all Godliness and Honesty 1 Tim. 2.2 and the like And lastly the Apostles when they practised the first Plantation and setting up of the Christian Religion against the likings and Authority of the Governours of Judea the Roman Emperors and the like it was in the reserved Case of a particular command from Heaven pressing them to it 3. If we look then further to the Law and Customes of Nations the same Tenour of practise also we shall find to have been generally every where observed and in all Ages and humane Societies And it is at least a tacite compact generally amongst them that the Soveraign Prince have the power of the Interpretation and judgment of any publick Doctrines of Religion whatsoever and of the admission and establishment of them in his Ecclesiastical Uniformity So in the admission and establishment of their own Publick Doctrines at home And in all Embassies about the Admission and establishment of them abroad So in the Intreaties and Supplications of
exil'd and dispersed Nations and who are not associated locally under one Head And so in any other of those that are and whether they do at any time treat or intercede either that their Profession of Religion may be only tolerated or else established authoritatively as national in any Society And the humane Histories and other Monuments and Records abroad in the World are full of the more direct instances in this matter Amongst the Greeks The Senate of Athens and the Areopagus and other Tribunals did debate formes of Religion Blasphemies against the Gods divulging of Mysteries and the like both Sacred and Civil matters In Solone In Aristippo lib. 2. Orat. in Ctesiphont paule post princip D. De Orig. jur L. 2. D. Eodem L. 2. ¶ Exactu Pro Domo sua in princip sayes Plutarch Diogines Laertius and others to be propounded ultimately to the People And Eschines recites the words of the Law against Demosthenes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And whosoever receive the Powers of Interpreting the Lawes from the People Of the Roman State sayes Pomponius in the Civil Law that in the beginning of the City Omnia manu a Regibus Gubernabantur all things were governed immediatly by the Kings And afterwards when publick Authority had fetched Lawes from Greece it also gave the Power of the Interpretation of them And Cicero in his Oration to the Pontifies cum multa divinitûs Pontifices à majoribus nostris inventa atque instituta sunt tum nihil praeclarius quam quod vos eosdem Religionibus deorum immortalium summae Reipublicae praeesse voluerunt Vt Amplissimi et Clarissimi Cives Rempubliacm bene gerendo religiones religionibus sapienter interpretando Rempublicam conservarent Whereas many things as it were by inspiration from Heaven O ye Pontifies have been found out and instituted by our Ancestors truly nothing more excellent then that you the same persons should preside both over the Religion of the immortal Gods and also over the summe of the Common-weale That the most Honourable and Renowned Citizens De Vita Constant lib. 1. cap. 37. alibi Vid. C. De Summa Trin. L. nullus Haereticis Et L. Cum recta Et alibi C. De Haereticis Manichaeis L. Quoniam multi Et De vetere jure Enucle L. 1. ¶ 6. C. De Legib. Constitut princip edict L. 1. C. eodem L 9. by the well discharging of office in the Common-weal by the wisely Interpreting of matters of Religion by matters of Religion might conserve the welfare of the Common-weal If we look into the state of the Christian Church so soon as it came to be National Constantine and the other Emperours sayes Eusebius and the other Ecclesiastical Histories did in person many times preside in Counsels and Synods Ecclesiastical And up and down in the Code and Novels of Justinian Confessions of Faith are established by the Law Imperial Heresies are Anathamiz'd and the like The imperial decision of matters is stiled an Oracle The Emperour's sentence called a Divine Sentence And finally the Supreme Interpretation of all Lawes both Divine and Humane both Sacred and Civil is claimed as a right belonging only to the Prince Inter aequitatem jusque interpositam interpretationem nobis solis et oportet et licet inspicere It belongs to us only both out of duty and by our office to have the inspection into the Interpretation betwixt the equity and letter of the Law sayes the Emperour Constantine And the Emperours Valentinian and Martian Leges Sacracissimae quae constringunt hominum vitas intelligi ab omnibus debent Si quid vero in iisdem Legibus latum fortassis obscurius fuerit oportet id ab imperatoria interpretatione pate fieri The most Sacred Lawes which do bind the lives of men ought to be understood by all But if there be any thing established in the Lawes which perhaps is more obscure that ought to be explained by the Imperial Interpretation Vid. C. De Legib. constitut Princip L. 12. Et C. De vetere jur Enucle and L. Auctore ¶ 4. Et C. eodem L. Dedit nobis ¶ 21. Et In Novel Constit 112. cap. 1. Et alibi In Pandect Hist Turc Gradus Legis Mahum c. And the like many other Lawes might be mentioned Last of all If we look abroad amongst the more modern practises of Countries and such as are at this day amongst the Mahometans although the Chief Mufti at Constantinople be Instar Papae nostri vel Patriarchae Graecorum Quippe juris omnis Sacrorum Rex est uti veteres etiam Romani loquebantur sayes Leunclavius like our Pope in Italy or the Patriarch of the Greeks for he is the King of all Law and Holy Things as also the Ancient Romans were wont to speak Yet it is indeed in Subordination to the Emperour and according to his will really guiding him And it is said that for not Interpreting according to the mind of his Master not long since the Mufti at Constantinople was degraded and sent to be Mufti at Damasco and that he died by the way in his journey thither at Aleppo The like to this up and down in Europe is the Right exercised by all Princes in their several wayes Lib. 2. T it 5. De Regim Reipub. Christian p. 1. lib. 4. disp 10. §. 3. n. 187. Vid. In Legib. Ordin lib. 4. Tit. 1. L. 4. Et Diaz de Montalu ad Leg. For. Hisp lib. 1. Tit. 6. n. 1. in addit Vid. Constit Car. 5. Criminal cap. ult and according to the several modes of their Countries And the Princes only do appoint and constitute the Ordinary Interpreters of Lawes So saith the Ordines Susitaniae Fragosus and others that it is commanded to the Judges that where the Lawes of the Kingdome and the Civil Law are deficients they should have recourse to the Glosses of Accursius and to Bartolus and by the Laws of the Kingdome of Castile the Judges are appointed to give sentence according according to the Opinions of Johannes Andreas and Panormitanus in the Law Canon and of Bartolus and Baldus in the Civil Law And in Germany Charles the fifth in his Criminal Constitutions commanded the Colledges of Civil Law Doctors in the Universities appointed by him for Interpretation to be Consulted if any thing doubtful or obscure should occurre in those his Constitutions Finally by the general consent of the Civilians the Imperial Interpretation is held to be Authoritative and necessary and such as must be obeyed upon the only account of Command and Soveraign Power And indeed whose should the Supreme Interpretation of Lawes be but theirs who made them and who have the Legislative power in their hands and that rightly and necessarily since the interpretations of Lawes are Lawes themselves in effect and in the decision and determination of all causes by them And the same reason there is for these things and much more in Lawes Ecclesiastical
as few other sorts of Services as may be Ibid. It ought to be conformed to the Canon of Doctrines in any Church Ibid. The Heathen Jewish and Apostolical Liturgies contested 196 the present Liturgies that are abroad in the world 197 198 199 Whether Liturgy doth not transgress the Rules of Scripture 204 the exceptions made against the Liturgies in the Church of England and the Salvoes to them referred to 246 A Liturgical or non-liturgical service which may be used with more attention or affection 205 206 Lycurgus his answer concerning his appointing small things to be offered to the Gods 85 his cunning 115 M Machiavel his assignation of the cause of the Imperial Power its failing in Italy 88 Magistrate the danger of his being invaded in his person 120 The Civil Magistrate is the Supream in every Society 135 viz. Not a Feudatory but the Soveraign Prince Ibid. and how that Supremacy is committed to him by God 136 and his indirect Power in spirituals which is a branch of it Ibid. Mahomet his Arts and Fictions in establishing his prescript of Religion 15 16. his second coming the Turks gulled concerning it 24 His oaths concerning the truth of his Doctrine 23 Mahometans their Liturgy 198 These have their Bishops Priests and Deacons 300 Malice the persons ordinarily guilty of the faults of it against the charge of the Magistrate 117 the causes exciting them to the commission of them Ibid. the impetuousness and violence of those exciting causes 118 c. Means those necessarily to be used for the preservation of the welfare of the Magistrates Publick charge 78 Means of Grace ought to be conceded in any Christian Church 107 and so those of knowledge Ibid. and what both sorts of them are 107 108 Men the supposition of their springing from the earth 35 36 The first state of them in the world 31 32 Mental reservation the doctrine of it condemned 279 Ministry of holy things the right of Ecclesiasticks 132 Minos King of Crete his trick for the establishment of his Laws 115 Miracles one of the primary Divine Testimonials to Religion 18 their attestation to Moses his Law 19 their pretended testimony to the Heathens Religion 21 and to Mahomets 22 23 and how the Christian Religion excelled in them 25 the difference betwixt them and ordinary effects 29. Not to be believed against Moses his established constitutions in Israel 176 Monarchy the most Ancient Government of the world 34 35 Monuments of Humane Affairs the most and most received from the Greek and Roman States In Proleg post med Moses his Books the most ancient System of Laws now extant In Prolegom Ib. His two Tables the intent of God in them in Israel 196 His Laws and Ordinances for the interpretation of them the Hebrew Rabbies are ordinarily produced In Prolegom circa med The testimonials from God to his Law 18 19 20 Moses Maimonides the Jews saying concerning him In Prolegom Ibid. Chief Mufti amongst the Turks sits in the Divano 130 his State and Authority 306 Muncer his laughing at the common people 113 Mustapha his trick for the leading a sedition 115 Mycipsa his Admonition to his Sons to be at Peace and Vnity 97 N Nasica his Councel concerning the not Racing of Carthage 294 National Church the more special notion of it and it distinguished 210 211 Its being supposed to an Ecclesiastical Vniformity 211 Nature the description of the Law of it 16 that Law two-fold 42 It is the guide of Humane Actions In Prolegom prope med Natural causes their ordinary operation in the world 29 Nestorians their Liturgy 198 Nicene Creed the intent of the injunction of it 172 177 Noah his distribution of the world amongst his Sons 53 his exercising himself in the Priestly Office 124 Third Notions those in which Vnity of Assent in an Ecclesiastical Vniformity is to terminate 226 The Magistrates intent in mens inward Notions in relation to outward profession 271 272 c. Numa his exercise of himself in the Priestly Office 140 O Obedience to be performed by private persons to Princes in their establishments of their Ecclesiastical Vniformities 183 An Opinion in matters of Religion what it is explicated 150 Opinions the open contesting of them the cause of Atheisme and Prophaneness in Societies 88 The variety of them a cause of popular Religious contests 91 the readiness of men to entertain them in matters of Religion 152 the numerous increase of them in men 152 153 the posture in which they come forth to the venting and defending of them 153 154 Orators both Greek and Roman the singular use that that is to be made of their writings In Proleg in fin Orders of Ecclesiasticks the necessity of the diversity of them in every Ecclesiastical Vniformity 131 the Old Testament Orders of Ecclesiasticks 131 132 and also the like in the New Testament 132 the perpetual Orders of them in it Ibid. Ordinances the Publick Ordinances in any Church ought to be celebrated in the vulgar tongue 108 109 Whether the same specifical Ordinances only be not sufficient for the attaining the end of an Ecclesiastical Vniformity 203 In what manner the Sacred Ordinances of God are to be made use of in the publick 218 219 Ordination of Ecclesiasticks to their Offices the Right of Ecelesiasticks 133 P Padre Paulo his saying concerning Government and the Powers belonging to it 137 138 his complaint concerning the estate of the affairs of Venice 241 242 Pandects of Justinian their revival from Amalphi and Florence 31 whence collected In Proleg post med Parents their power of life and death heretofore over their children whence 35 Passions their mixture with zeal a cause of popular Religious Contests 92 A distinction of such their mixture Ibid. Peace the benefits of it to Societies 94 95 96 c. And to the publick charge of the Magistrate Ibid. to Religion 95 to Government 96 and to the consistency of Religion with Government 97 and how much it is commanded in Scripture 97 98 Philosophical Prudences what they are In Proleg prope fin Phylacteries the intent of their being worn in Israel 170 Pisistratus his trick for the recovery of his Tyranny at Athens 114 Plato his charge concerning the instruction of the Citizens of his Common-weal in certain doctrines of Religion 87 his two grand sorts of Atheists 88 his saying concerning preparations of War and Peace in a City In Prolegom in princip the excellency of his works In Prolegom prope fin his pattern of an Ecclesiastical Vniformity 176 his saying concerning the Government of humane affairs 301 Pluralities the case concerning them 266 267 Poets look'd upon of old as divinely inspired 14 Greek and Roman the singular use of their writings In Prolegom in fin Poland the Kings Councel in it its consisting partly of Ecclesiasticks 130 Politicks its dignity amongst the Philosophical prudences In Proleg prope fin Pontifies the Colledge of them and their authority amongst the Romans 305 Pope his possessing the
Civil Liberty of the people under another subdistinction of it when one of their own Country and who was their Natural Prince Rul'd over them So Herodotus before Aristotle In Cli◠in princip says That all the Greeks were free before Craesus his Conquest of them But he means only that they were free from the Rule of of Strangers Other notions of Liberty found in the writings of these Learned men might be mentioned And because they have termed it Liberty in an eminent sense in countenance of the Greek and Roman Democracies and where the people have had the Supremacy therefore some men have supposed them by that assertion and other sayings of theirs to have countenanced their darling notion of Natural Liberty Finally the summe of all is this That wheresoever any thing may be found or supposed to be found in them which may any wayes countenance this notion Pessum dandum est it is not to be suffer'd to stand in Competition with the Authority of Moses and of right Reason assenting to it The other Propositions concerning the Power of Magistracy fundamentally in the People c. in the State of the Question considered XI This Principle then of Natural freedom being thus refuted The other Propositions concerning the peoples conferring Power on Governours and the like derived from it in the State of this Question follow to be considered and that as to their being deriv'd from the two Spring-heads of things mentioned also and concerning any such Power Fundamental in the people to be conferred Authoritatively on Governours and the other following conclusions which are above recited we find no such thing as any of these are derived from the Principle of Natural freedome mention'd neither in the Civil Law nor the Greek and Roman Writers extant either before any part of it or at any time contemporary with it For the Civil Law I shall have occasion to make farther mention of it anon for the Heathen Authors they constantly derived the power of Princes from God Hic infra Sect. 19. and place them as inferiour only to him and make no such mention of the People as is cryed up by our opponents in this business So Homer the most Ancient Greek Poet what more usual with him in his writings then the Epithets of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odys 4. p. 95. and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the like Ibid. p. 85. Iliad 2. p. 63. So in his Iliads 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But the Anger of a King the off-spring of Jupiter is great And his honour is from Jupiter Ibid. lib. 1. So again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And those who defend The Lawes from Jupiter Ibid. And again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Scepter-bearing king and to whom Jove hath given his honour In Trag. Arg. Supplicibus So also Aeschylus brings in the people speaking to their King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Thou art the whole City and the whole People Being a Governour not responsible to any Tribunal And the like Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That a King according to Law is no kind of Government at all And he is very unskilful in the Ancient Heathen writings who knows not that the constant notion of a King in them is as of one that is the supream in his Dominions and subject to none on Earth Let us proceed to the Latines and amongst them Horace Regum timendorum in proprios greges Carmin lib. 3. Ode 1. Reges in ipsos imperium est Jovis The Dominion of Kings is over their own people But that of Jupiter is over Kings themselves And the like Juvenal Nihil est quod credere de se Satyr 4. Non possit cum laudatur Diis aequae potestas There is nothing which the Power equal to the Gods Cannot believe concerning it self when it is commended And Seneca Vbicunque tantum honesta dominanti licent Thyeste Actu 200. Precario Regantur Wheresoever honest things only are lawful to him that Rules There the rule is Precarious So that thus they ordinarily of these things And where they speak otherwise either it is in the Person of another or else it is concerning the Peoples Offices only where the people had the Supremacy and the like or else there is a very great distraction and confusion in their Writings concerning these things Neither will any man be able to justifie the Principles and Conclusions mentioned upon any other grounds from them and however they are but Humane Authorities XII Having examined then these Propositions from the Causes of them let us do the like also from their effects The state of the Question on the Peoples part consider'd also from it's effects Of which the first is this 1. That our Antagonists render it utterly impossible for a Governour to have right and power conferr'd upon him for if but one in a whole Society either dissent or else do not give his consent all throughout the several Generations of the World continuing naturally alike free from their Birth and till consent given to any Government as is asserted he is a Governour injuriously even to that one and not by right But Infants are not capable of exercising any Acts of Reason and so not of giving their consent in this Case and it is a Rule in the Canon-Law Scienti Consentienti non fit injuria neque dolus That to one conscious and consenting to a thing there is no injury done nor deceit And then the contrary also is a Rule And Quod omnes tangit Sexti Lib. 5. Reg. jur 27. Ibid Reg 20. debet ab omnibus approbari That which concerns all ought to be approv'd of by all and the like If it be said here that the Acts of Parents bind their Children which is true in this matter as was said above in the distinctions of Consent This ruines the whole cause and stumbles upon the true Original of Government Hic Supra Sect. 6 See the Anarthy of limited and mixed Monarchy pag. 8 9 10 11 c. said to be Sr. Robert Filmers Hic supra Sect. 10 in princip Pro populo Anglicano cap. 2. sayes the reputed Sr Robert Filmer So that there is no evading the dilemma in this business 2. In the putting the power of Government into the peoples hands they proceed without any warrant from Scripture Little or no mention at all is made of it as I noted but now Mr. Milton in his intemperate discourse against Salmatius produceth one Text for it and but that one and that is Deut. 17.14 When thou art come into the Land which the Lord thy God giveth thee and shalt say I will set a King over me like as all the Nations about me And one would think he might have answer'd himself from the very next verse that is vers the 15. Thou shalt in any wise set
in the general into Ecclesiastical and Civil we come here to distinguish the Powers more generally belonging to each of those sorts of Government as their Rights both in relation to all Humane Society and also more particularly to an Ecclesiastical Uniformity And the Persons concern'd in those powers differently are the King and Priest who betwixt them rule the world as men in it are members either of the Church or State Duo sunt Parte primâ distinct 96. Rubric Autoritas Sacra c. Imperator Auguste sayes Pope Gelasius in the Decretum to the Emperour quibus Principaliter hic mundus regitur Authoritas Sacra Pontificium Regalis Potestas There are two things O Magnificent Emperour by which this World is Principally governed the sacred Authority of the Chief Bishop and the Kings Power The Christian Church and Civil State are distinct Societies II. The Christian Church and Civil-State are in themselves distinct and different Societies and so they ought to be esteemed to be in every Ecclesiastical Uniformity the one being a Civil and the other a Spiritual Conjunction of men and God who hath appointed them both to have a being and continuance in the World hath also appointed distinct Governours and Governments for them Or else The necessity of difference of Order and Power in Governours if it were not so Government being necessary to Society they could not both subsist and continue apart in the World But it is not only convenient but necessary for the Benefit and well-being of mankind in relation to them both that they should be in a Capacity so to subsist and De facto they have so subsisted III. The difference of Order and Power in Governours is a thing necessary to the being of all Governments of these greater Societies Exod. 18.13 14 15 16 17 c. F. de Excusationibus Tutelarum Temporibus eorum L. Excusantur And that because neither is one man able to execute all offices in such Societies nor can many men so execute them either the same Persons at diverse times or else diverse persons at the same time without a difference and variety in their several Capacities both in respect to order and power according to the different nature and quality of their Affairs belonging necessarily to those Offices Jethro's advice to Moses was to divide the burthen of his Government amongst his deputed officers The distinction of the Civil and Ecclesiastical Powers flowes from the Divine appointment according to the different qualities of those Affairs about which they are conversant Polit. lib. 4. cap. 15. in princip ibid. vid. History of the Inquisition Chap. 28. because himself alone was not able to bear it And the Roman Civil Law suffered not four Guardianships at once to be laid upon one man And all Humane affairs are necessarily of a more or less eminent quality according to the diverse respects they have to things and Persons in the World IV. The distinction and proper extent of the Civil and Ecclesiastical Powers and Rights of Government in any Society flowes each of them from the appointment of God according to the distinct nature and quality of the things and affairs in which they have to do and in which it is necessary that they should have to do for the support of their distinct and several Societies Sacerdotes sayes Aristotle Genus sunt quoddam Ministrorum à Civilibus Magistratibus scil ex natura rei restinguendum separandum That Priests are a certain kind of Ministers viz. from the nature of their Office to be distinguished and separated from the Civil Magistrates And God whose works are perfect sayes Padre Paule and who is the Author of all Principalities gives to every one so much Power as is necessary for his governing well And these Powers in all Societies and the Ecclesiastical Uniformity of them act either in Conjunction one with another as when Religion is National and the Church incorporate into the State or else separately one from the other as in the contrary case But yet still the Ecclesiastical power ought to Act so as in subordination to the Civil and according to the will of God And that these Powers are alwayes and more particularly in every Ecclesiastical uniformity to be preserved distinct by the appointment of God and according to the different qualities of their Affairs it is evident from the Universal Consent of all Lawes and Nations that ever have been in the World So in the Polity of the Patriarks and first men in the World The Priestly office and the office of the Civil Magistrate although united in one Person as hath been said were ever reckoned as distinct Supra lib. 1. cap. 3. §. 4. and were conversant about distinct sorts of affairs Sacerdoti functum fuisse Adamum dubium non est tum in recipiendis atque offerendis Sacrificiis c. sayes Bertram De Repub Hebraeor ca. 2. It is no doubt but that Adam did discharge the Priestly Office and that both in his receiving and offering Sacrifices And so of Noah Ibid. Noachus ex Arca egressus ad Pristinos Ritus divini Culius redit eosque apud suos omnes nondum dispersos exercuit That Noah being come out of the Ark return'd to the Ancient Rites of Divine Worship Ibid. and exercis'd them in his Family before it was dispers'd And so of Abraham as Priest also Abrahamum sacrificasse apparet ex Gen. 15.19 and 22.2 7 9 and 13. Abrahamum docuisse apparet ex Gen. 18.19 atque adeo Prophetam fuisse ex Gen. 20.7 Gen. 15.19 c. That Abraham Sacrific'd it appears out of Gen. 15.19 and 22.2 7 9 and 13. And that he taught also it appears out of Gen. 18.19 And that he also was a Prophet out of Gen. 20.7 So that they still as Priests did the work of the Priestly Office So also in the Polity of Israel in the wilderness God himself established and assigned particularly the distinct office and affairs of Moses and Aaron Exod. 40.13 14. Numb 8.1 2 3 4 c. Numb 1.49 Num. 3.15 Numb 1.53 In loc And therefore Aaron and his Sons were annointed solemnly to their office And the Tribe of Levi was not mustered with the other Tribes And they only were to Pitch their Tents about the Tabernacle And the Hebrewes do observe on Numb 3.38 that there is a pause or distinction betwixt the names of Moses and Aaron To signifie sayes Baal Hatturim That Moses pitched in one place by himself and Aaron and his Sons in another place by themselves And so was it also afterwards in Canaan and all along downwards in the Generations of Israel while they held any National Communion in one settled Society The like also was ever amongst the Gentiles So amongst the Greeks they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Meursius Elousin cap. 13 Those that prescribed what they were to do
Supra lib. 1. Cap. 1. §. 10. And Lib. 1. cap. 3. §. 9. and §. 10 11 12 c. Lib. 1. who hath this supreme power of Jurisdiction over all is the Civil Magistrate but now mention'd And such Power he hath as his Right belonging to him as is above distinguish'd I have above rejected that part of the distinction of such Power it's being taken only Actually and for the exercise and Administration of it And I here affirm it concerning the Civil Magistrate and it 's being a habit and faculty fundamentally belonging to him And as to the kind of the Magistrate possessing it it is meant also not of a Feudatory or Prince under a Prince in any Society Such as the Prytanes of Athens sayes Pausanias were under the Senate And the Kings of (a) Vid. Plut. in Lycurgo Lacedaemon in the time of the Senate set up by Lycurgus And that Senate also it self afterwards in the time of the Ephori Such also as the Roman (b) Vid. Tit. Livium Dec. 1. lib. 1. 2. c. Et D. De Orig. Jur. Civil c. L. necessarium ¶ Exactis deinde Regibus Et ¶ Capta deinde fardinia Et Rosin Antiq. Rom. l. 7. c. 9. Consuls were that succeeded the Kings And the Provincial (b) Vid. Tit. Livium Dec. 1. lib. 1. 2. c. Et D. De Orig. Jur. Civil c. L. necessarium ¶ Exactis deinde Regibus Et ¶ Capta deinde fardinia Et Rosin Antiq. Rom. l. 7. c. 9. Praetors in the time of the Emperours And the Princes of Germany at this day who by the (c) Et Vide Ordines Camer Imper. p 2. Tit. 34 35. alibi Orders of the Imperial Chamber are capitally questionable by the Emperour in the Chamber of Spires But it is meant of a Soveraine Prince such as the first (d) Vid. T. Liv. Dec 1. lib. 1. D. eodem ¶ Quod ad magistratus attinet c. Kings were amongst the Romans and the (d) Vid. T. Liv. Dec 1. lib. 1. D. eodem ¶ Quod ad magistratus attinet c. Emperours afterwards upon whom by the (e) Vid. D. De Constitutionibus Principum l. 1. ¶ 1 Institut De Jur. Naturali Gent. Civili Lex Regia particularly all the Soverainty was devolved And such as the several Kings of England Sweden Spain Denmarke and of other the like Territories in Europe at this day are and by their several Lawyers of their Countries are affirm'd and acknowledged to be And there are they who are next to God in Humane Societies as was said more generally above and (f) L. 1. Cap. 3. §. 17. deinceps above the reach of all Men and Lawes so far forth as may tend to the holding the Right of their Soverainty as was hinted (g) Lib. 1. Cap. 3. § 17. above also Princeps legibus solutus est sayes (h) D De legib Senatus Consultis c. L. Princeps Vlpian That the Prince is at liberty from the Lawes And Cum nihil in Terris majus aut excelsius Majestate Regum post Deum immortalem cogitari possit sayes (i) De Repub. 1. cap. 10. in princip Bodine Since nothing can be thought of which is greater or higher in the Earth then the Majesty of Kings next to God Immortal And the consent of all Nations generally hath establish'd this Right upon Soveraine Princes So sayes (k) De Aethiop Morib Et in Confess fidei Zaga Zabo prope fin Damianus of the Emperour Preister or Precious John and of his Superiority over the Patriarch of his Country The like (l) De praesenti Turcici Imperii Statu Relig. Graecor alibi Pandect Hist Turc Gradus Legis c. 34. alibi De Sacerdotibus eorum De Obedientia quam Turcae suo Regi praestari Coguntur c. Chytraeus (l) De praesenti Turcici Imperii Statu Relig. Graecor alibi Pandect Hist Turc Gradus Legis c. 34. alibi De Sacerdotibus eorum De Obedientia quam Turcae suo Regi praestari Coguntur c. Leunclavius (l) De praesenti Turcici Imperii Statu Relig. Graecor alibi Pandect Hist Turc Gradus Legis c. 34. alibi De Sacerdotibus eorum De Obedientia quam Turcae suo Regi praestari Coguntur c. Georgieviz and others of the Grand-Senior in respect to the chief Mufti at Constantinople The like also (m) In his History of Russia Chap. 21. Of their Ecclesiastical State c. Fletcher the English-man of the Emperour of Muscovy in respect to his Patriarch late of Mosco but before of Constantinople or Sio as he was stiled And (n) De Venetor Repub. lib. 3. circa med Contarecius of the Councel of Teun at Venice in respect to their Clergy And so others concerning the Supreme Magistrates of other Countries Even the (o) See Chap. 3. c. Corpus disciplinae of the States of Holland and (p) See p. 1 2. c. the Lawes and Statutes of Geneva of the Magistracy of that Tertitory And finally so sayes Dr. q) Ecclesiae Anglicanae Politeiâ Tab. 1. A. Cosin and the (r) See An. 35. Hen. 8. An 11 Edw. 6. An. 1. Eliz. c. Statute Law of England concerning the Supremacy of the most Potent Kings of England Last of all this hath been acknowledged by all Ages and Societies generally excepting only by the great Bishop and Prince of Rome and his Doctors Chairs and those others of the Christian parts of Europe dissenting from him and called Reformed whosoever of them they have been that have set the Ecclesiastical Synods and Consistories above the Temporal Authority and so in fact have depressed it although in word they have professed the contrary This Supreme Power is committed to him by God as Creator and Conserver of all things and what is the extent of such power Supra lib. 1. cap. 5. §. 7. Et deinceps XV. This Supreme Power of Jurisdiction over all is committed to the Supreme Magistrate by God as Creator and Conserver of all things and that also to that very end that by the due exercise and imployment of such his Power he may conserve all those things in their welfare which are committed to his Charge and the things committed to his charge in his way and capacity and more particularly in an Ecclesiastical Uniformity are Religion and Government and the consistency of both these with each other as is above said assertorily and here explicatorily So that he is appointed to be both Pater Patriae the father of the Country in respect to Civil things And Custos utriusque Tabulae The keeper of both Moses his Tables in respect to things Divine For the Discharge of his trust in the exercise of such power there is a necessity of his having an Indirect power in Spirituals as a Branch of such Supream Power conceded to
anger by Dr. Covel and others and the like And in the King's time they were further told That Omnis mutatio periculosa plena scandalis That the least change as things stood was dangerous and would be full of scandal to Authority and the like See the Conference at Hampton Court And the King himself had a conference with some of the heads of them at Hampton Court And certainly it will always hold true That things setled by the deep and deliberate considerations of former times although the bottom Reasons of them may not presently appear to all are not to be easily altered Last of all in the time of King Charles the First the opponents were still further told in Parliament that their Discipline would not consist with Monarchy That Episcopacy being at least lawful See the Lord Digbies speech in the house of Commons Anno 1641. there was no reason for its being abolished and the like But all this and the English Uniformity its having passed the Test of so many Kings Parliaments Councels Convocations c. would not suffice Till at last the people having been all this while tamper'd with by the Opponents and put into a disposition to Sedition and War from these Religious contests sprang Rising in Armes and the confusions and miseries following upon it And at last when that Heroick Martyr King himself told the Opponents See 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and his Answers to the Ministers in the Isle of Wight that the abolishing of Episcopacy was against his Coronation Oath and the like yet all this would not suffice Which of the opponents in these heats were led by principles of Conscience and which not the searcher of hearts knows But thus still hath the present and at first well setled English Uniformity passed the Test and been Established and Authority hath claimed its undoubted Right of the establishing of it And it is pitty that a Church so well and temperately setled should be disturb'd The like to this of the Uniformity in the general hath been the more particular History of the Canon of Doctrines also and Liturgy both as to the original and traduction of them The Canon of Doctrine for the most part of it was contrived and composed also in the time of King Edward the sixth and by the advice of his Divines and at the special instances and instigation of the Holy and Reverend Arch-Bishop Cranmer See the Preface to Rogers his 39 Articles See Rogers Ibid. p. 4 ibid. p. 5. and the Statutes 13. Eliz. who afterward sealed it with his blood Afterwards it was revised and somewhat augmented in the dayes of Queen Elizabeth and allowed of again by a Convocation in the Year 1562. and afterwards confirmed by Act of Parliament and subscription was required to it in the Year 1571. As also it hath been ever since The first Admonition to the Parliament in Queen Elizabeths dayes approved of the doctrinal part of it in the maine though not in the Disciplinary See the first Admonition second part Art 3. See first Admonition Ib. See a part of the Register A brief Answer to the principal points c. But yet the Doctrinal part hath not wholly escaped the shot neither By the first dissenters mentioned it was taxed favourably and but in a point or two By others afterwards in more things and with greater severity Partly by a rigid Interpretation of Phrases partly by a flat contradiction of Doctrine And by others since as being in many things doubtful and defective But the truth is the frame and composition of it is very cautious and wary and it includes an ordinary competent and sufficient number of Doctrines for the preserving the purity of Religion and Peace of any Church And in some particulars relating to these things it will be instanc'd in as it falls in the way hereafter Last of all we come to the Liturgy which is of the same original date together with the Uniformity it self and hath for the most part passed the Times and former Tests together with it and is compos'd of ancient forms us'd in the Primitive Church and containeth the several sorts of things which are pertinent to the variety of Christian occasions viz. Texts of Scripture exhortations to Repentance Prayers Hymnes Psalms Lessons Doxologies Creeds Thanks-givings and the like And the Reasons and Intents of all which See a defence of the Liturgy Edit Lond. 1630. alibi dispersed throughout the several parts and Offices of it may be seen in the writings of those that have given an account of them formerly and of late Queen Maries Martyrs dyed in defence of it amongst other things It was defended zealously by one part of the then Exiles at Frankford See the troubles at Frankford p. 16 19 23 223 c. See Cassander Anglicanus p. 123. c. And the view of the new Directory said to be Dr. Hammonds p. 17 79 c. See Smectymnuus Sect. 2. Quere 1. c. The sober temperate discourse Chap. 8 9 11 12 c. See certaine considerations c. said to be the Lord Bacons in Quarto p. 23. See A view of the New Directory c. The Preface §. 3. while opposed by the other It hath been approv'd of openly by several late Learned men of other Reformed Churches There are amongst others two more solemn collections made of the Objections against it most of them being old Objections new dressed And the one of those Collections being entituled Smectymnuus made in the heats just preceding the late Civil Wars and the other the sober and temperate Discourse made in the first nick of expectation of a late Tolleration since his present Majesties Happy Return The most of the Objections are not of that weight as to deserve any staid consideration and all of them being weighed according to the Rules and Laws of an Ecclesiastical Uniformity are I think evidently invalid I will end this Narration with the verdicts of two Learned men to this purpose The one a great States-man in his time and the other as able a Church-man in his The one is the Lord Bacon and the other the late Dr. Hammond The Lord Bacons Verdict is this For the particular exceptions to the Liturgy inform as now it stands I think divers of them allowing they were just yet seem they not to be weighty otherwise then that nothing ought to be accounted light in matters of Religion The Doctor 's is this Ever since the reproaches of men says he have taken confidence to vent themselves against this Book there hath nothing but Aire and Vapour been vomited out against it Objections of little force to conclude any thing but only the resolute Contumacious either ignorance or malice of the Objectors Some appendant Questions concerning a Canon of Doctrines and Liturgy resolv'd X. These things being thus more particularly said we come here again to expatiate into the general and in the last place to
And again Si quis c. cum Judaeis jejunacerit Can. 69. aut communem festum diem cum ipsis egerit c. deponitor si Laicus a communione segregator That if any one should fast with the Jews or celebrate any solemn festival with them or the like Vid. C. De summâ Trin. L. nullus c. Et de Episcop Cler. l. Conventicula c. Et de Hereticis Manich. L. Cuncti heretici Et L. Arriani Macedoniani L. damnato L. quicunque in hac Sacra Vrbe c. Et Novel Constitut 67. Cap. 1. c. Et Constit 131. Cap 8. cap. 14. constit 132. in praefat c. Et Feudor lib. 2. Tit. 53. c. Vid. De Cret Part. 1. Distin 17. alibi Et part 3. distinct 1. alibi he should be deposed and if he were a Laick that he should be excommunicated In the Code and Novels also of Justinian and the other parts of the new Civil Law infinite are the particular Laws made against Conventicles They are called so by way of reproach they are prohibited under the penalty of forfeiture of the houses in which they were kept and the like The body of the Canon Law we may be sure concurs with the Civil in this matter Both in the Decretum the Extravagants and other parts of it And the like Laws are to be found in the Theodosian Code and the like Canons in Councels In the Councel of Antioch the fifth Canon In that of Laodicea Canon the 9th In the fourth of Carthage Can. 71. and the like And last of all the like are the more modern Laws and Constitutions of Countries Boterus gives the Directions Quomodo Rebellium conventicula impediantur How the lesser Convenings of Rebels may be hindred And in the Laws of Charlemaine many are the like provisions made against such kinds of meetings And in the very Statutes of Geneva The Captain General shall be diligent sayes the Statute and vigilant over all the Town He shall gather no assembly suspect nor make any Conventicle which may be a preparative to Sedition Tumult or Mutiny c. And again If any do perceive any manner of practise Et extravagant commun Lib. 1. De Treuga et pace prope sin Et Lib. 3. de reliquin et venerat Sanctor Cap. 2. c. Vide Cod. Theodos Lib. 16. De Haereticis Tit. 5. Nullus Haereticis c. Vid. Concil Ancyran Can. 18. Concil Antioch Can. 5. Laodic Can. 9. Carthag 4. Can. 71 c. Apud Carranz Vid. de Politia illust lib. 5. Cap. 7. Vid. Capitulare Lib. 5. L. 3. L. 118. L. 230. lib. 6. 101. 198 c. See the laws and Statutes p. 22. Of the Office of the Captains c. and p. 37. the preservation c. See Sir Edw. Turners Speech to the King Anno 1664. See the Ecclesiastical Canons Can. 72. And certain considerations c. said to be the Lord Bacons p. 29 30. or conspiracy against the Principality of this City or against the Word of God c. And in the last place in England the Speaker of the House of Commons in this present Parliament in one of his late Speeches to the King hath called the Conventicles held there The Seminaries of the Divisions in England And it was upon the accounts that have been mention'd that the Meetings heretofore called Prophesyings in England were prohibited also by Authority And thus then for this Second Question CHAP. IV. Of the inward Vnity of Assent which is supposed to the outward Vnity of Profession and use of Publick Worship in an Ecclesiastical Vniformity I. THe great weight of the things contained in this Chapter II. The immediate inward Unity of Assent denyed to be the kind of assent here to be mentioned III. Yet there may be such an Unity of Assent in men in part IV. But yet this is not the kind of it that is to be fixed upon here neither V. The Positive stated and what this kind of such Assent is VI. The Third Notions assigned in which it is to terminate VII The Reasons why it is here to be fix'd upon VIII Two cautions subjoyn'd to this the fixation of it IX The first of them X. The Second XI The conclusion drawn from these things XII Two appendant Questions resolved XIII The first of them XIV The Second I. THat which is the main drift and scope of this Chapter The great weight of the things contained in this Chapter is of great moment towards the pacification and satisfaction of Conscience in its submission to the Ecclesiastical Laws of Princes viz. the assignation of what kind of assent it is that is supposed to the external profession and use of things either in respect to matters of Doctrine An immediate inward unity of assent denied to be the kind of assent here to be mentioned §. 2 3 4 5 6 7. Lib. 2. Cap. 7. §. 9 11 12. or Worship and Practise in an Ecclesiastical Uniformity II. An immediate inward unity of assent then being denyed in the former Chapter and deny'd to be that kind of assent in man which was said above to be supposed to the External Acts of profession and use of publick worship it is evident that it is not it which is here to be assigned and fixed upon as a sufficient ground for such profession and use or practise of things Yet there may be such an unity of assent in men in part III. But although such an universal inward unity of assent is not ordinarily possible nor to be expected to be in men yet however it doth not from thence follow but that there may be such an unity in them in part i. e. in respect to some things whether matters of belief or practise and in some notions that they have concerning those things Things may be perhaps so plainly and particularly expressed as is the case of the fundamentals of the Christian Religion or else there may be the same causes of the same immediate notions of things co-operating in several persons at the same time and as to some things And these things are possible in Nature But yet this is not the kind of it that is to be fixed upon here neither Lib. 2. Cap. 7 §. 8. in fin IV. But because as was said above that such a profession and use of worship was enquired after as might be an ordinary stated medium for procuring a charitative communion amongst men and because the assent supposed to both of them ought to be proportionable and adequate to the universality of them both And because this Unity of assent here mentioned is also but partial either as to things or persons and but accidental either as to those things or persons or times and cases up and down in the world therefore it is that this is not the kind of unity of ascent which is here to be fixed upon
either common and ordinary and in Answer to them a number of Doctrines sufficient for the ordinary preservation of the welfare of that charge should be set forth in the Canon Or else they are special and extraordinary and then the special cases are also severally to be respected And the like to this also Mutatis mutandis is to be said concerning the matter of the Liturgy either as to the quantity or subalternate and subordinate kinds of it And whether it consist most either of Prayers Hymns Creeds Lessons or the like The first also to be observed as to the manner of the composing of them and that in order to their being true and lawful IV. We come then next to the manner of the composing these two grand instruments of an Uniformity and in relation to that first of all in order to the Canon and Liturgy their being true and lawful And the first Rule to be observed as to that is That they be regulated by Scripture And by it either as to the positive or natural laws of God contained in it And as to either of them either by what is expressed in it or else only implyed and deduced by right reason and rational collection from it And thus both of them are to be regulated both as to the nature of the terms whether more general or particular that things are expressed in or else as to the sense or importance of them where divers Texts and Phrases concerning the same things contribute necessarily and mutually like candles to the lightning one another And so also as to the phrase and style in which things are expressed both in the Canon and Liturgy In the forming of which a great deal of knowledge and wisdom and prudence is to be made use of according to the diversities of the occasions of Churches and Countries I mean principally as to the Liturgy and the like The Second V. The ordinary way then for the accomplishing these and all such things is By the making use of a Synod of Divines which because it is the last way of finding out truth in this world in matters of Religion therefore nature directs to the use of it i. e. generally and ordinarily and where there is not some special and present reason against it in any Princes Dominions And this hath always ordinarily been the way used for the accomplishing such matters in all Ages of the Christian Church and in all Times and Countries down along the Ages of the world Innumerable examples might be given of it And this Synod of Divines hath thus in the general and as such an antecedent and natural right more properly to the handling of such matters before they are convened And also such a subsequent right both upon that account and also more determinately and particularly by vertue of the power convening them when they are so convened And upon these and the like accounts it is that the use of them ordinarily hath been established and asserted by the Civil Laws of Countries and that they when sitting have been accounted as the Church National representative as in England and according to the Laws and Ecclesiastical Constitutions of that Country although their consultations nevertheless are not laid as Laws upon the People unless first approv'd of in Parliament and stamped as such with the Royal Assent and therefore it is usual also for the Prince either by himself alone or else together with some of the Representatives of his other Estates to come into conjunction with them and that they and he be both of them conjunctly called by the same name of the Church viz. the Church National Representative And it is profitable for Societies that it be so i. e. that their Ecclesiastical Constitutions and whether purely or only mixtly such may come under the more sacred notion to the people and so have the better obedience perform'd to them Neither hath this any thing of dolus malus in it of it self and so long as the constitutions mentioned are lawful In the mean time the Rights of the Prince in relation to this Synod are alwayes and in every National Church to be preserved and that more particularly for the sake of the consistency of Religion with Government And the Prince hath the Right 1. Of convening them 2. Of governing them and their actions when sitting whether it be negatively in respect to them and so as that they shall not do any thing prejudicial to the welfare of his charge or else positively as to him and so as that the validity of that which they shall do and which it shall have from any Humane Authority in the National Church shall be by vertue ultimately only of his approbation of it And then Thirdly and Lastly he hath the right also of dismissing and dissolving them when he sees occasion And these Rights and Powers of Princes are dictated by nature Lib. 2 Cap. 11 §. 2. and 4. and are some of the more particular rights above mentioned which belong to them for the retaining of their more general right of the framing an Uniformity Vid. Exord ad Concil Agathens Synodâ— Calcedon Action 1. Tolet. quarti exord Nicaen 2. Exord Et Concil Milev Can. 11. Constantinop sâ—xti generalis action 1. Agathens Can. 40. c. Et Milev Can. 11. apud Carranz c. See the Government order of the Church of Scotland Printed An. MDCXLI p. 146. c. p. 56. c. p. 66. c. in quarto And the 1. Admonition Paragraph Let us come now to the third part c. Et deinceps And second Admoni 1. 7 8 9 10 c. 14. 29 44 46 47 c. alibi And the late Assemblies Confession of Faith Edit 51. Cap. 3. alibi Polit. Lib. 3. in princip Vid. de Legib. Dial. 12. prope fin alibi and have been always really exercised by them in the Christian Church as is to be seen in the Sessions of the several Councels and in the relations given of them by the Ecclesiastical Histories and the like And the exercise of them is necessary for the securing of their Publick charge The usurpations then of the Triple Crown in this business are evidently unjust And so are those of the Scotch and English Presbytery also who in their desired Government and Order of their Churches in their Admonitions to the Parliament in their Confession of Faith and elsewhere have claimed the powers mentioned as due to them in like manner And the thus claiming these powers directly tends to the Ecclesiastical persons possessing the Supremacy and converting into a Pope Last of all if the Prince at any time shall see cause to consult with such as are not Ecclesiastical persons about Ecclesiastical matters those persons ought to be such as are of sufficient and fitting abilities for the deliberating upon such sacred and weighty matters 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For as it behoves a Physitian to give an
splendors of the Civil Magistrate 147. above all orders in the Church c. according to the Canonists 38 his stiles and ambition 64 65 Pope Paul the 5th his usual saying concerning Magistrates 65 Popular state when first erected 35 Powers Those belonging to the Civil and Ecclesiastical Government distinguished 122 the persons concern'd in them assign'd Ibid. Praefectus Vigilum his Office amongst the Romans 300 301 Prayer a form of it was approved of by Christ 197 Preaching why so great a latitude of it generally is left open in national Vniformities 207 208 and the case stated concerning it Ib. the Magistrates power of laying a restraint upon it 296 Prelacy from God 38 Prescript of the Christian Religion it hath been most vexed with contests 194 whether a traditional and more Ceremonial Prescript of Religion or else a written and more doctrinal one be least subject to popular contests 203 Printing none amongst the Turks 180 the Magistrates power of laying a restraint upon it 296 and the ill consequence of licentiousness in it Ibid. Prophaneness to be expelled out of humane Societies 88 the greater and lesser degrees of it Ibid. Profession national how far forth the Magistrate may compel men to unite in it stated 228 229. External Profession the onely thing in relation to which all external Vnity as to matters of Religion is to be held amongst men 162 It is the only great stated medium for the holding a charitative communion as to those matters then Ibid. The Magistrates Right as to the injoyning an unity of it in Societies 165 166 Profession in an Ecclesiastical Vniformity distinguished 274 mixture of it why tollerated where otherwise of divulging of opinions are not 293 294 Prophesie one of the primary divine Testimonials to Religion 18 its pretended testimony to the Heathens Religion 20 21 and to Mahomets prescript 22 and how it testified to the truth of the Christian Religion in a more peculiar manner 23 Prophets those of the Old Testament 18 Proselites the proverbial saying concerning them in Israel 170 Protestant Churches their Liturgies 198 Publick Worship the Vnity of the use of it the great secondary medium for the holding a charitative communion amongst men as to matters of Religion 163 The Magistrates Right of injoyning an Vnity of it in Societies 165 166 Punishments their peculiar necessity to the regiment of humane Societies 261 the doctrine of them in respect to an Ecclesiastical Vniformity laid down the several sorts of them distinguished 267 Q Quintus Sectorius his trick for his encouragement of his Souldiers 115 R Rabbinical Age when it began In proleg circa med Records of humane affairs the causes of the defects of them 29 30 31 Reformed Churches their derivation of the Magistrates power from God 55 56 c. Religion its consistency with Government intended by God and Nature 2 Religion defin'd Ibid. and distinguish'd 3 4 It s divine appointment evidenc'd 9 It s Divine Original 9 10 c. And the grounds in nature and consent of Nations about it 10 11 12 c. Two only sorts of Precepts of which it can consist 16 how the true prescript of it is to be known 16 17. It s Divine Original the sense of all Nations present in the world 27 its propagation by Arms warranted by Mahomets Law 50 the distinctions of it applyed to its consistency with Government 67 such its consistency proved 68 69 c. Its healthfulness to Government and Civil Society 85 86 87 c. the damnifying it a publick crime 87 its being used as a politick instrument by the heathen Romans 88 the false application of the immortal notion of it the cause of Religious contests 89 that it is the bond of all humane Society In Proleg in princip about what matters of it is both all peace and contention 160 161 Revolting from profession in an Ecclesiastical Vniformity the mischiefs of it to Churches 275 286. Rewards the peculiar necessity of them to the regiment of humane Societies 261 the doctrine concerning them in respect to an Ecclesiastical Vniformity Ibid. the distinction of them Ibid. the original intents of them 262 and their opposites Ibid. the Rules to be held concerning the dispensing them 263 264 c. the mischiefs of the neglect of observance of them 264 265 Right that of God to his obliging man by Precepts of of religion two-fold 9 10 whose right the preservation of the welfare of religion and Government and the consistency of Religion with Government is 73 74 75 c. Right the publick cement of all humane affairs In Proleg in princip Rights those relating directly to an Ecclesiastical Vniformity the Tripartite division of them 99 and those Rights distinguished Ibid. the primitive Rights of the people 100 the Rights of an Ecclesiastical Vniformity dispersed up and down in the Greek and Roman writers In Proleg circa princ the Rights of Government the distinction and proper extent of them from whence they flow 123 c. the Rights of the Church Governours and Ministers in every Christian Church 132 133 Right Reason the great commendation of it as the ultimate and universal interpretor of all Laws 257 258 Rising in Armes against Princes and particularly in defence of Religion and the matters of an Ecclesiastical Vniformity not justifiable 47 48 49 50 51 its opposition to the common good of Societies 59 60 61 c. The Scotch and English Presbytery their following the principles of the Church-men of Rome in it 65 it 's not being the Right of Ecclesiasticks for the support of their Church Society 133 Romans their Orders of Ecclesiasticks 124 Roman Civil Law the body of it the largest and most compleat body of such Laws now extant In Proleg ad fin the reception of it in the dominions of Princes Ibid. Roman State its most ancient Laws fetcht from Greece In Prolegom circa princip Roman Church its Liturgies 198 Its emission of the doctrine of Rising in Armes against Princes into Christendome 64 Romulus his Law concerning the Senates taking care of Religion 141 Russians their Priests and Bishops of no learning 180 Russe Church its Liturgy 198 S Sanhedrim what things chiefly it took cognizance of in Israel 141 Scipio Africanus his custome of deceiving the multitude 115 Scripture whether it as the Original Divine Canon of Doctrines be not sufficient for the attaining the ends of an Ecclesiastical Vniformity 203 Sedition the Ring-leaders of it the persons ordinarily guilty of the faults of malice against the Magistrates publick charge in an Ecclesiastical Vniformity 117 Senate of Rome their trick for their with-holding the people from Sedition 115 their refusing to enroll Christ amongst their Gods 141 Society the term explicated and applyed 5 by what several ways men came first into Societies 31 Sophi of Persia his dismissing his horse c. kept for Mahomet against his second Coming 24 Sorbon their threatning against the Pope 144 A Subject defin'd 100 Submission to the Ecclesiastical Laws