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A85746 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.; De imperio summarum potestarum circa sacra. English. Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687, translator. 1651 (1651) Wing G2117; Thomason E1244_1; ESTC R202244 156,216 365

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would affirme much lesse could prove that they were known of old Tertullian prescribing against Hereticks among other things declares how much their temerarious inconstant light Ordinations differ from the Rule of the antient Church This day saith he the man is a Presbyter who to morrow is a laick Nothing could be more clearly said to make it appeare that temporary Presbyters were in those times unkown to the Catholick Church It is not say some materiall to the nature of the Office whether it be undertaken for a time or for ever If this be so I may wonder that Pastors also employed in the word and Sacraments are not made Annuall somewhere But if this be absurd whence I pray but because as the gifts of God are without repentance so the Divine Offices were instituted by him for the perpetuall uses of the Church He that hath put his hand to the Plow and looketh back is not sit for the kingdome of God that is for the ministry of the Church Wherefore this very change of Assessors is no light argument that this is an invention of Humane prudence no institution of Law Divine Secondly All the antient Church by the name of Presbyters urder stood no other men but Pastors employed in the word and Sacraments I speak not of the word old men or Seniors and Elders whereby 't is certaine sometimes age sometimes Magistracy is meant but of the Greek word which in the Latine tongue doth alwaies signify the Pastorall dignity and Office and so it do●h also in the Greek Authours wheresoever the word Presbyter notes any thing else but age or Magistracy We are not yet come to that place of Paul which belongs rather to the question of Divine Right and of the Elders of the old Testament there will be place to speak hereafter Of so great a number of Fathers of so many volumes of books after so long canvasing of this controversie not so much as one place hath been alleged wherein the Presbyteriall dignity is ascribed to any other than Pastors When yet if there had been two sorts of Presbyters not often but a hundred yea a thousand times mention of them ought to have been made especially in the Canons which describe unto us the whole Government of the Church at least the manner of electing those Presbyters non-Pastors would somewhere shew it self And although the Defendant or he that is on the Negative is not to make proofe yet were it easy to produce infinite places of the Fathers which attribute to all Presbyters the right of feeding the flock of Baptising and exhibiting the Lords body and so far equall all the Presbyters to Bishops and call them the Apostles Successors which also declare the Presbyters punishment was to be remov'd from the Presbytery or for a time to be admitted only to the Communion of the Laicks which farther shew that maintenance was given to every one and a much severer Discipline prescrib'd for them than others Moreover Laws are extant too of the Presbyters Privileges and immunity from Civill Courts and burdens and many other things there are which will not suffer us to acknowledge any Presbyters but Pastors only Some allege a History of the penitentiary Presbyter and sharply reprehend the abrogation of him which yet at other times they like very well when the Popish Confession is opposed But who ever heard of any Penitentiary that was not a Pastor or when did the antients ever believe that the use of the Keys might be separated from the Ministry of the Word and Sacraments Certainly Christ gave the Keys to them to be used to whom he gave power to Preach and to Baptise What God hath joyn'd let no man put a sunder Ambrose of the right of binding and loosing saith This right is permitted only to the Priests and elsewhere Those Keys of the kingdome of Heaven all we Priests have receiv'd in the Blessed Apostle Peter Jerim of these that succeed in the Apostolicall degree They saith he having the Key judge before the day of judgement and in the same place It is no easy matter to stand in the place of Paul to keep the degree of Peter Chrysostome This bond of the Priests tyeth the very soule No man is ignorant that the Fathers by Sacerdotes or Priests doe meane Pastors to whom the Word and Sacraments are entrusted indeed beside the use of the new Testament but not without Authority of Scripture for in Esay God foretelling the calling of the Gentiles by the Gospell saith And I will also take of them the converted Gentiles for Priests and for Levits Wherefore the exercise of the Keys and the Right to absolve penitents according to the judgement of all the Fathers agree to Priests alone that is to Presbyters the Depositaries of the Word and Sacraments Wherefore also these Presbyters who specially attended to the absolving of Penitents are to be thought no other than Priests whom the new Testament stileth Pastors Now as the word Presbyter when it signifies a Function Ecclesiasticall is never found in the Fathers applyed to other than Pastors so neither is the Latine word Seniors Tertullian speaking of the use of the Keys judgement is given saith he with great Gravity as in the presence of God and it is a very great prejudgement of the future judgement if any one hath so affended as to be excluded from Common Prayer and the Assembly and all holy commerce The most approved Seniors are the Presidents having obtained the honour by testimony not by price for no Divine thing is set to sale That in those times Presbyteries consisted only of Pastors Calvin himself confesseth wherefore Tertullian putting the Greek word into Latine cals them Seniors who had the power of the Keys For in Greek they are call'd Presbyters which word in its primary signification expressing age was after transferred to Civill Dignities and last of all to Ecclesiasticall Let all the Acts of Synods that ever were bee read quite thorough there will be found no Seniors that were not Pastors Moreover the word major natu or Elder which seemeth proper to age began to be applyed to Pastors in imitation of the Greek word Firmilian Bishop of Cesarea The Majors are the Presidents in the Church who have also the power to Baptise and to impose hands and to ordaine He hath given sufficient caution to understand no other then the Pastors So then the words Presbyter Senior Major have a threefold signification noting First age Secondly Magistracy Thirdly Priesthood Nor only was the name of Seniors common to Magistrats and Pastors but the Assembly of Presbyters the Presbytery which Ignatius calls the Sacred System Jerom bath translated Senate The Church hath a Senate the Assembly of Presbyters that is of those Presbyters who at the beginning saith he were equall to the Bishops and by whose Counsell the Church was governed Tertullian by such another Metaphor stiles the Clergy an Ordo or State The Difference
embrace Communion with John of Constantinople In France the antient usage was by seizing on their Lands and other wayes to compell the Bishops to the Administration of Sacraments And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service Much more then may the Highest Power challenge this right over such Actions as have their force not by Divine but Canon Law For under the pretext of Canons it sometimes happens that the Canons are violated and 't is possible the Canons themselves may be exorbitant from the Divine prescriptions If either be the Highest Power cannot deny the Plantifs to take knowledge of the case Now concerning those actions which flow from Humane Law and oblige men whether they will or no and draw after them coaction there is much lesse cause of doubt For all Jurisdiction as it flows from the Highest Power reflows unto the same But as it is a part of Jurisdiction no● only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Ama●●iah and the other 02 Priests with him are constituted Judges by Jehoshaphat Neither can be shewed more evidently the Jurisdiction of the Supreme in this kind of causes than that all degrees of appealing depend upon his pleasure Otherwise why doe the Pastors of England appeale unto this or that Bishop all the Bishops unto the two Archbishops And there is the same subordination of the consistories Classicall and the Nationall Synods Nor is the last terme of appealing limited by any Law Naturall or Divine Wisely said the King of Britaine in his judgement every Christian King Prince and Common-wealth have it in their Power to prescribe unto their subjects that externall forme of Government in Church affairs which may suit best with the forme of Civill Government And truly of old it was so done by the Christian Emperours Otherwise whence came that so great Prerogative of the Constantinopolitan Church Whence had the Synod of Chalcedon power to abrogate the acts of the second at Ephesus Now as in Civill businesses the judgement is permitted by the Highest Power for the most part to the appointed Courts and at last upon Petition against the greatest of them the matter is referr'd to men most skilfull in the Law or more rarely the Highest Power it self advising with learned Counsell gives finall judgement but very seldome upon suspition of some Court cals forth the cause unto it self so also in these controversies about Sacred things it hath been most usuall by the ordinary Synods and upon appeal from their decree by a certaine Assembly called for the purpose to put an end unto them it hath been lesse usuall yet sometimes usefull for the Emperour himself to judge of the Religion and equity of the former Judges Thus in the case of the Donatists after a double judgement of Bishops Constantine did who although he approved not the appeale yet he refused not the tryall of it But this is somewhat more rare and yet not without right that if a Synod upon probable causes be declined the Highest Power cals the cause before it self and weighing the opinions of most eminent Divines pronounces what is most equitable The Synod of Antioch prohibits him that complains of injury received from a Synod to trouble the Emperour with the hearing of his Case so long as the matter may be rectified by a greater Synod Yet this takes not from the Emperour the Power to heare the cause if it be brought before him Moreover the modesty of the antient Bishops hath attributed Power to Kings not only to examine the right or wrong of Excommunication but to pardon also and abate the punishment thereof for so much as belongs to Positive Law Ivo Carnotensis a Bishop and a stout desender of the Churches right against Kings was not afraid to write unto his fellow-Bishops that he had received a certain person into Communion in contemplation of the Kings favour to him according to the Authority of a Law that saith whosoever the King receiveth into grace and admits unto his Table the Priests and Co gregation must not refuse The Kings of France and the Vindicators of the Regall Right the Judges of the Supreme Courts have often constituted and decreed that publike Magistrates by occasion of that Jurisdiction they exercise are not subject unto those Ecclesiasticall penalties So in the Decrees of Hungary of the year 1551. the Ecclesiasticks are forbidden to send out without the knowledge and permission of his Majestie any sentence of Excommunication against the Nobles of that Kingdome And in an antient Law of the English it is read that none of the Kings Ministers be Excommunicated unlesse the King be first acquainted with it Which I see the Princes of Holland have thought sit to imitate for the same was promulged by Charls the Fift by his edict in the year 1540. Neverthelesse such use of the Keys as is congruent to Divine Law and such injunction of penance as is consentancous to the Laws and Canons the Highest Powers are wont to approve And this is the Imperiall Anathema mentioned in sundry of Justinians Laws We conclude that Christian Powers at this time doe not innovate which will not unlesse upon causes approved by themselves suffer Excommunication being joyned with publick shame to proceed unto effect which by their command inhibit censures manifestly unjust for it is their Duty to save every one from injury and to keep the Church from Tyranny CHAP. X. Of the Election of Pastors REmains that part of Empire which as we have said consisteth in assigning Functions The perpetuall Functions in the Church are two of Presbyters and Deacons Presbyters with all the antients I call them that feed the Church by preaching of the Word by Sacraments by the Keyes which by Divine Law are individuall Deacons which in some sort serve the Presbyters as the Levites did the Priests of old To this order are referr'd the Readers who were in the Synagogues as the Gospel and Philo shew and were retained in the Church as appears by History by the Canons and by the writings of the Fathers In the Gospel he that keeps the Book is call'd the Minister which is even all one with Deacon and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree which were afterward called Subdeacons But the most laborious part of Deaconship is about the care of the poore Presbyters the antient Latin Church translated Seniors Deacons I think cannot otherwise be stil'd than Ministers although there be some who as their manner is in other things had rather carp at this than acknowledge it to be true I am deceiv'd if Plinius Secundus did not understand both Greek and Latin yet he relating the Institutes of Christians rendring word for word names them Shee-Ministers whom Paul entitles Sheedeacons and the Church afterward Deaconesses Now as the Levites could doe nothing but
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 ●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 〈◊〉 〈◊〉 〈◊〉 〈◊〉