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A37249 De jure uniformitatis ecclesiasticæ, or, Three books of the rights belonging to an uniformity in churches in which the chief things, of the lawes of nature, and nations, and of the divine law, concerning the consistency of the ecclesiastical estate with the civil are unfolded / by Hugh Davis ... Davis, Hugh. 1669 (1669) Wing D417; ESTC R5997 338,525 358

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suffer the noise that the Pope makes of his Supremacy over them yet when it comes to Trial will not by any means grant it him in their Practice There have been two famous and notable examples in this matter that have appeared of late dayes The first is that of the State of Venice in the case of it's interdiction by Pope Paul the Fifth in which case all the Princes in their several Countries and their Embassadors both at Venice and in the Court of Rome it self those who were Residentiaries there declaimed against the Pope At Venice sayes Paulus Venetus Historia Interdict Venet. lib. 1. prope fin while the distance was yet growing betwixt his Holiness and the State were the imperial French and Spanish Embassadors and they openly voted against the Popes usurpations in the Church matters lay'd claim to by him In the Court of Rome when the Monitory was there afterwards published against the State the Residentiaries then present sayes he also were Ibid. lib. 2. in princip the Marquess of Castile from his Imperial Majesty Alincurius from the most Christian King The Count of Verva from the Duke of Savoy and all these endeavoured with great earnestness and even to the growing of hot words betwixt them with the Pope for either the quite taking away or else the Prorogation of the Monitory And they held Correspondence after the Publication of it by frequent visits and conferences with the Embassadors of the State The Princes themselves also who in their several Countries disgusted it and declar'd against it were the King of Poland who Ibid. Vid. lib. 2. paulo post princip when the Popes Nuncio sollicited for the Publication of the Monitory in his Dominions gave him an abrupt repulse After him the Emperour who both in his own Person and by his Ministers sided with the Venetian State and advised the Nuncio that some temper might be found out for the business and the like In the next place the Catholick King and his Court so soon as ever they knew the matter were presently sensible that that was a doing which equally concern'd all Princes c. In France that King also amongst other things advised the Nuncio there to a Composure What the sense of England and Holland and such other Protestant Princes was is to be presum'd and not here pertinent to be recited But the like entertainment that this affair had with these Catholick Princes mention'd had it also with all others With the Great Duke of Florence The Vice-Roy of Naples the Count of Millaine the Dukes of Mantua and Mutina and the like So that thus these Princes and their Embassadors would by no means endure any such thing as the Invasion of this Indirect Power mention'd in Spirituals The other great instance in this business were the Transactions of the late Councel of Trent See the Historie of the Councel of Trent Passim Where also the Embassadors of Princes would not suffer any thing derogatory from the Lawes of their Countries and their several Masters Supreme Authorities which they really held about Sacred things to be passed into Canons And the Prelates and Divines also of those Countries most of them complied no better with his Holiness Let the Actions of Five-Churches and others be viewed These two comprehensive instances then being given let us pass from hence a little further to the more particular affairs of Princes Let the Common-wealth of Venice in the matter of the Inquisition be considered of It hath lay'd several Laws and Restrictions upon that Office and the Jurisdictions belonging to it within their Territories to this purpose and notwithstanding the Pope's thundering against them as is to be seen in the Reasons of their so doing set forth by the Impartial hand of Father Paul in his History of the Inquisition See the Historie of the Inquisition Passim but now and sometimes heretofore mention'd The Kings of France the Emperours and others have oftentimes in like manner maintained this their power against the Pope 'T is that the Sorbon so often now adayes threaten him with determining on the part of their King And the further instances of these things are to be seen in the Collections of Records made concerning them by the Royal hand of the late wise King James of England The very Inquisition of Spain holds the like course It hath its own Lawes and proper Customes by which it is Govern'd See King James his Defence of the Right of Kings Passim See the Historie of the Inquisition cap. 28. and cap. 6. Ibid. In the Preface Neither is it altered or receiveth new Orders from Rome and there is an account given of all things treated of within the State to the King and advice sent no whither else and the King alwayes nameth an Inquisitor General throughout all his Kingdomes to have inspection over that office to the Pope and his Holiness doth confirm him and he being confirm'd nameth the particular inquisitors in every place which nevertheless cannot enter into their Charge without the Kings Approbation Thus then both the most Christian and the most Catholick King and be they who they will and let the Pope call them by what names he will and be they in never so strict a League and Amity with and professed subjection to the Church of Rome yet still I say thus all of them deal in respect to this indirect power in Spirituals As hath been already said The shadow of it may be conniv'd at in another but the reality and substance of it hath been of necessity alwayes retained in the Princes themselves Lastly The Inquisitors of Italy it self do particularly send word to Rome by every Post Ibid. cap. 6. what is done within their Office And we must conclude that if it were not so neither that part of his Holiness his Person which is the Temporal Prince nor that part of it neither which is the Roman Pontifex could be able long in either of their Capacities to support it self against it's own inquisitors And it is no wonder then that other Temporal Princes whose Dominions are distinct from those of the Sea of Rome and the Lands of the Church have not admitted of the Inquisition generally but by compact in the Original and first admission of it Thus then De Episcopatu ●onstantini Magni In praefat Si Magistratui sayes Vedelius eripiatur potestas Ecclesiastica as he calls it non integer amplius Magistratus sed ex parte tantum erit That if this indirect power in Spirituals be taken away from the Supreme Magistrate he shall be no more an whole but only half a Magistrate in his Society And what Constantine told his Bishops will be found everlastingly True 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Apud Euseb lib. 4. De vitâ Const an t cap. 24. That they were constituted Overseers or Bishops by God in their more particular kind and capacity within the Church and he in
Magigrates Jurisdiction 204 The scriptural end of such use of them Ibid. The particular gifts concern'd in the performance of the Publick Divine Service in a Church Ibid. The immediate effects of the use of them Ibid. Golden Age of the Poets whence the Fiction of it 32 Government defined 5 and distinguished 5 6 the ways by which men have arrived at it 34. the power of Government at first lodged in the several heads of Families 34 35 the first and capital distinction of Government 36 Government the Ordinance of God 37 the Ecclesiastical Government Gods Ordinance 38 the two constitutive causes of the power of Government which are assigned in the Controversie concerning it 39 the state of the Case concerning the derivation of it from the people 39 the effects of it being derived from the people c. 45 46 47 c. the proof of the power of Government its being from God 51 52 53 54 55 56 c. Not to be proved to be so from the nature of that power 51 52 the distinctions of Government applyed to its consistency with Religion 66 67 Government the Bond of all Humane Societies In Prolegom in princip Governours the difference of Order and Power in them necessary to all Governments of the greater Societies 123 Greece from whence its first Governments were fetcht In Proleg in princip The Greeks called the rest of the World who spake not their language Barbarians In Prolegom post med their distinct orders of Ecclesiasticks 124 Greek Church its Liturgy 198 Its use of an unknown tongue in the Publick Divine Services 180 Grotius taxed 41 127 133 138 His saying concerning the doctrines of the Christian Religion 70 c. Gymnosophistae amongst the Indians their distinction of their Orders of Ecclesiasticks 104 105 H Hampton Court the conference at it betwixt King James of England and the dissentors from the EnglishVniformity 201 Hebrews their observation concerning the distinction of the Offices of Moses and Aaron 124 Heresie to be punished any where 87 and as a mixt fault both against the Church and State Ibid. Heresiarks the persons ordinarily guilty of the faults of malice against the publick charge of the Magistrate in an Ecclesiastical Vniformity 117 Herodotus his saying concerning the divided Government and different Opinions of the Thracians 155 Hesiod his Admonition to Kings 58 59 Humane Affairs the first and capital division of them 1 Histories of the Greeks and Romans the notable examples of prudence in Governours in them In Proleg in fin Holiness of presons no rule to judge of the truth of their Opinions by 290 The pretence of holiness condemned Ibid. Homilies the use of them in Churches 295 I Jacobites their Liturgy 198 Jesuites their banishment from the Venetian Territories 65 Jesus Christ not admitted as a God by the Romane Senate 15 Jewes their parabolical doctrines 113 their Liturgy 198 their saying concerning the flourishing of Israel In Proleg in princip Their hatred of the Samaritans 155 their Law carried with Titus in Triumph In Prolegom circa med Jewish State the occasions of it twofold 196 Jewish Church the records of it defective 197 the diversity of the settlements of it 170 Imprudence the faults of it committed against the publick charge of the Magistrate and the persons guilty of the commission of them 111 their guilt evidenc'd 112 their particular faults instanced in in respect to the particulars of the Magistrates charge 112 113 114 c. Indirect Power in Spirituals that belonging to the Civil Magistrate in every Ecclesiastical Vniformity 136 and the extent of it 136 137. and the Magistrates Right to it 137 138 139 140 c. He may commit the exercise of it to others 147 148 Inquisition of Spain what course it holds as to the Kings Prerogative 144 and that of Italy as to the Pope Ibid. The Inquisition admitted in Dominions of Princes by compact 145 The Interdiction of Venice by Pope Paul the 5th the sense of the Princes about it 143 Interests temporal the mixing of them with mens zeal a cause of Religious contests 92 Interpretation the liberty of it in respect to the Canon and Liturgy in any National Church belongs to private persons as their right 253 That their Interpretation distinguished 253 254 the Rules by which they are to proceed in it assigned 254 255 256 c. Interpretorship in an Ecclesiastical Vniformity of how great moment the Office of Supream Interpretor is 302. The Authentick Interpretors in any National Church distinguished and the Supream assigned 302 303. His right to his Office asserted 303 304 c. the opposers of it 307 308 Josephus the principal Jewish Historian In Proleg circa med Israel the distribution of the rights of an Ecclesiastical Vniformity in it In Prolegom in princip Italy the variety of Religious Rites brought of old into it 14 Julian the Apostate his letter to Arsacius that he should take the form of Religion upon him 290 Jurisdiction in spirituals the rights of Ecclesiasticks 132 K King the notion of him in the Ancient Heathen writings 45 King and Priest why the same person hath so frequently been so in Societies 138 139 c. King James of England his Objection made to the Bishop of Rome concerning his Prerogative 147 The Kings of England Sweden Spain Denmark c. Soveraign Princes in their Dominions 135 Knights Ecclesiastical amongst the Venetians 130 L Law of the twelve Tables amongst the Romans concerning funerals 235 236 and concerning a bone broken 269 c. Law-givers the famous ones amongst the Greeks In Prolegom post med Laws from whence their necessity amongst men 33 34 Laws defined and distinguished 100 The great reason of the restraint of private persons by them 101 102 Lay-Elders their absurd mixture with Ecclesiasticks in the Ecclesiastical Regiment 299 300 Laynez his Answer in the Tridentine Council concerning reformation in the Court of Rome 240 Leunclavius his exhortation to Christian peace 309 Liberty defined 43 and distinguished 43 and defin'd in the most absolute notion of it 100 the worth of it 101 Liberty of the Subject defined 101 it ought to be preserved in an Ecclesiastical Vniformity Ib. Christian liberty defined and distinguished 104 Liberty of mens judgment of discerning in matters of Religion distinguished and defined Ibid. The exercise of it asserted 105 the due limitation of such the exercise of it Ibid. Liberty of profession and outward actions ought to be regulated by humane Laws 106 Liberty of opining applyed to the matters of the Canon and Liturgy in any National Church 288 Those matters distinguished and the due extent of it 288 289 Cautions concerning it 290 291 Liberties those of the people relating to an Ecclesiastical Vniformity distinguished 100 their primitive spiritual and Ecclesiastical liberties described and asserted 103 three sorts of them 104 the liberties and latitudes conceded to men in relation to the fixing their notions concerning things 273 A Liturgy defined and distinguished 195 should be accompanied with
admittebatur Rex sayes Schickardus out of Maimonides in Collegium Senatus excepto Davide at Pontifices Prophetae Caeteris paribus recipiebantur That for liberties sake of voting the King was not admitted into the Colledge of the Senate except it were David but the Chief Priests and Prophets if it were convenient in respect of things were received So that the High-Priest not necessarily but if he were a man able and faithful in affairs and the Prophets also were often admitted to it So we find the Priests and Levites mention'd together with the Judges that should be in those dayes for the determination of Civil Causes by Moses Exod. 17.8 9 10 11 12. And Controversies of Murther and the like to be tryed by the Priests Deut. 21.5 And in Davids time when he gave up the Kingdome to Solomon he called the Priests and Levites as Officers and Judges before him 1 Chron. 22.2 4. And in Jehoshaphat's Reformation 2 Chron. 19.5 He set Judges in the Land throughout all the fenced Cities of Judah City by City And vers 8. Moreover in Jerusalem did he set of the Levites and of the Priests and of the Chief of the Fathers for the Judgement of the Lord and for Controversies when they returned to Jerusalem So we find the Chief Priests and Elders often conjoyning in the New Testament Math. 21.23 Math. 26.3 c. And Josephus sayes Antiquitat lib. 4. cap. 8. that formerly in every City there were seaven Judges and for each of them two Levites who in conjunction one with another made up the several Benches of their Cities Thus then it was in Israel And the like were the Customes of the Gentiles concerning these things if any one will look into the Greek and Roman Histories and other the like writings And the like have been also in the Christian Church The Apostles at their first planting of Christianity nor their Successors along time after were not a Church Incorporated into the State But the Lawes and Customes of the first Christian Emperours went in the same Tract which we have mention'd and that for the very reasons mention'd also as is to be seen in the many places of the Code and Novels of Justinian the Theodosian Code and other Monuments of these things See the Titles De Judiciis De Nuptiis c. in the Code of Justinian And ut differentes Judices interpellantium allegationes c. in the Novels and the like in other Monuments The like also are the usages abroad both of late and at this day in the world up and down Clergy-men if of ability are great Officers to Princes and of Councel to them and the like So amongst the Abassine Christians De Aethiop Morib sub aliis literis ejusd David Aethiop Imp. c. De Abasinor Rebus lib. 1. Cap. 13 14 alibi In Confessione fidei Aethiop ad finem De omnium Gent. Morib Lib. 1. De Aethiopia c. Ibid. De Aegypt Cap. 19. Zaga Zabo one of their Bishops sayes Damianus a Goes was that Emperours Embassador to John the Third of Portugal and others and the like things are recited concerning their Clergy-mens being of Councel to the Emperour by Godignus and others And the same Zaga Zabo in Chytraeus calls himself Episcopus Sacerdos ac Bugana Raz nempe Pro-rex provinciae quae Bugana dicitur A Bishop and Priest and Bugana Raz i. e. a Viceroy of the Province which is called Bugana And Johannes Boemius recites it that of old it was the Custome of the Aethiopians to create one of their Priests King Quem ubi regem creaverint veluti numen insit c. Whom when they had created King as if there were a Deity in him c. And the like he recites also concerning the Aethiopians their neighbours and their Priests using to be of their Kings Councels The like other things are every where abroad at this day De Rom. Ven. magistratuum inter se Comparatione N 41. Ibid. N 30. The Cardinal Contarene sayes of the Venetian State Sed in Statu Ecclesiastico sunt plures Ordines militum Alii album amictum gestantes c. But also in the Ecclesiastical state there are several orders of Knights some wearing White Apparel c. And he endowes the Cardinals of the Roman Sea with the Secular Titles of Illustres and Illustrissimi Illustrious and most Illustrious and the like And that according to the Doctrine of Jason and Decius and other Canonists of the same Church The like sayes Cromerus of Poland Poloniae lib. 2. paulo post princip That the Kings Councel there consists partly of Ecclesiasticks and partly of Seculars And that from of the old Ecclesiasticks are Archiepiscopi duo septem Episcopi Two Arch-Bishops and Seaven Bishops The Seculars others the Nobles and Chief of the Realm and all these hold their places with certain Honours and Immunities annexed to them during life Ibid. post And Archiepiscopus Guesnensis perpetua quadam Pontificis maximi Legatione fungitur Legatus natus sedis Apostolicae appellatur Ibid. etiam And Habet etiam primatus honorem ab eadem Sede absque eo quod est antiquo gentis Instituto praerogativa Primas Regni Princeps Senatus The Arch-Bishop of Guesna is a perpetual Legate of the Pope and is called the Legate born of the Apostolick Sea He hath also the Honour of a Primate from the same Sea Besides that by Ancient custome of the Nation and Prerogative he is the Primate of the Kingdome Ibid. ad fin and President and Prince of the Senate And the like sayes he of the Senate and Great Counsel of Prussia afterwards And if we go farther the like course is held in the Turks and Persians and other the great Eastern Princes Affairs Amongst the Turks the Chief Mufti sits in the Divano And the like amongst others And last of all the like Course is held also in the Generality of the Territories of the more Westerly European Princes In Spain the Arch-Bishop of Toledo is Chancellor of Castile In Hispania Lib. 6. de bell Gallic sayes Damianus a Goes In France and Brittain as Caesar sayes of old the Druids were both their Priests and Judges in all sorts of Causes So at this day in France the Twelve Peers of France are Six of them Bishops and Six of them Nobles And of the Bishops three Bishops and Dukes and three Bishops and Counts And so the Courts consist partly of Clergy and partly of Lay-men And lastly In England the Arch-Bishop of Canterbury Dicitur Primus Par Regni Ecclesiae Anglie Politeia Tab. 2. A. Is said to be the first Peer of the Realm sayes Doctor Cosin And the other Bishops have their Baronies annexed to their Bishopricks and are sometimes several of them of Councel to the King and sit as one State in Parliament and the like And as this Course is thus generally held amongst Nations as to the greater
Vid. Epiphan Tom. 1. lib. 1. Haeres 4. See Weemes his Christian Synagogue pag. 147. and Jo. 4 9. and for little cause especially in the after Ages and later times of their separation and yet their hatreds and implacable differences arose betwixt them in all things and even beyond any due limits The Jewes would not at all converse with the Samaritans nor eat with them nor wear the same Apparel nor write the same Character The worst they thought they could say of Christ was that he was a Samaritan and had a Devil They excommunicated them yearly by sound of Trumpet Vid Drusium de Trib. Sect. lib. 3. cap. 11. ex Ilmedenus They cursed them in nomine Tetragrammato In the Name Jehovah They sealed their Curses on Tables and sent them throughout all Israel In the like kind hath their dealing been with us Christians as it was with their Neighbours the Samaritans They call us Goijm The Abominable and Christ the Hanged God c. And if we look into the Christian Church the like have been the bitter Feuds amongst Christians themselves even amongst those that have been of one Civil Community and Conjunction and have professed to have been of one and the same Church of Christ The Church Histories are full of these things in all times and Ages where opportunities of them have been given Hist Ecclesiast lib 2. cap. 22. and 26. Ibid. Cap. 23. The Historian Socrates is witness what wrackings of Joynts sales of Estates Banishments Deaths c. were inflicted by one party upon another how they contested their Judgments and Opinions with Fire and Stripes even to egregious Cruelties and the Barbarous depriving one anothers dead bodies of Burial and to the Mutilating and Banishing and Murthering the Ministers of Churches Ibi. cap. 30. and the like how they gagged the mouths of them that would not communicate with them in the Sacrament and forced the Sacramental Bread and Wine down their Throats and stretched forth the Womens Breasts with Instruments and and Pincers and Sawed them off Others they burnt off with red hot Irons and Eggs made burning hot in the Fire and the like How they pull'd down the Churches of some Ibid. Vid. made the others swim with blood and the like It is a shame and would irke any one to read of these and the like things and all these and many more such have been the effects of the contesting of Judgements even in the Primitive Christian Societies Finally the several Martyrologies of Countries contain these things in Folio The late Sacred flames and intestine Warres of Germany France Ireland England and other Territories have been recent and fresh examples of them And in all these the predominating Causes of mens contesting their Opinions which I have above mention'd have run away with them furiously and put the several Societies into a flame And thus is the proof of the Proposition The more particular mischeifs of Opinion Contests to the Affairs of Humane Societies Supra lib. 2. cap. 1. §. 12 13 14 15. VIII So then as I have above more particularly described the benefits of that Charity and Peace which accrue to Humane Affairs from that opposite Unity which may ordinarily be held in matters of Religion so here I shall in like manner describe also those mischeifs that flow from these Dissentions and publick contesting of Judgments which are the effects of this loose toleration in the same matters and how much also they are forbidden in Scripture First to Religion IX First then how much they make to the hurt of all Religion whatsoever which Feuds Warres and popular Contests alwayes prejudice more or less but in an especial manner to the hurt of the Christian Religion which we still eminently referre to And as to that they create Atheisme and Prophaness and all manner of Scandals and Offences amongst men They blemish the Christian Profession both as to those that are without and as to those that are within they drive both of them from the very Profession either of them in any serious manner of the Christian Religion which they think from their beholding them amongst Christians maintains so ill things as such bitter and passionate Feuds and Contentions are The Jewes have a saying That the Christians predicate their Messias to be the Prince of Peace but that they themselves are ever at Warres As if like to what is said of Semiramis they carryed a Dove in their Banners but with a bloody Sword in his Beak And it is a true saying of the Lord Verulam See his Essayes Ess 3. of Unity of Religion and which the several Ages of the Church will testifie to that in respect to Scandals and Offences Heresies and Schismes have done by far more harm in the Church then corruption of manners Alike hurtful also these contentions and Opinion-Feuds are to the Practice of the Christian Religion And briefly whatsoever benefits we have recited above to accrue by Charity and Peace to it Lib. 2. Cap. 1. §. 12 13 14 15. the contrary mischiefs in every respect we do assert here to accrue to it by these Contentions Instances and evidences of these things there have been ever abundance if I should stand to recite them Apud Socrat. Hist Ecclesiast Lib. 1 cap. 5. In his Politicks lib. 2. cap. 8. It was not for nothing that Famous Constantine burnt the Bills of Complaint that were brought to him by the Ministers in his time in the Christian Church And it is the saying of Contzen the Jesuite That all open Disputes amongst the Vulgar concerning either Points of Religion or Government do weaken the Authority of such Points at least by bringing them into doubt with men And the late Civil Warres of France were a great instance of these things See his History in the first and second Books and elsewhere the Warres lasted about fifty years and there were sayes Davila the Religious names of Lutherans and Calvinists Hugonots and Catholicks and the like to lead the front of them And it was said in a Proverb about Italy and in other Countries at the end of them That the Civil warres of France had made a Million of Atheists and thirty thousand Witches X. The like are the mischiefs also of these Opinion-Contests to Government both in Church and State in their several Spheres Secondly To Government They bring all the mischeifs and make all those several wayes to the hurting of the present lawful Governours and Government which are contrary to the benefits and to those several wayes by which those benefits accrue to them by the Charity and Peace above mention'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sayes Aristotle Polit. lib. 5. cap. 3. n 17. Thirdly to the Consistency of Religion with Government And lastly how much they are forbidden also in Scripture That the States of Common-weals are sometimes changed without Sedition viz. by Contention XI And in like manner do they