Can. 4. ibid. Vid. Canon Apost Can. 1.2 Baptising them in the name of the Father and of the Son and of the Holy Ghost c. And the like concerning matters of Discipline John 20.23 Whosesoever sins ye remit they are remitted unto them and whosesoever sins ye retain they are retained And the like also concerning Orders See Acts 1.23 24 25 26. And Acts 14.23 And the like also say the several Councels derivatively from the Scriptures concerning these things So the sixt General Councel of Constantinople in the 64 Canon Non oportet Laicum publicè disputare vel docere sed Ordini à Domino tradito cedere aurem iis qui docendi gratiam acceperint apperire Divina ab iis doceri That it doth not behove a Laick to dispute publickly or to teach but to give place to the Order delivered from the Lord and to open the Ear to those who have received the Grace of Teaching and to be taught by them Divine things So also in the Nicaene Councel of three hundred and eighteen Bishops under Constantine in the fourth Canon concerning the Ordination of a Bishop And in the Apostolical Canons in the first and second Canons concerning the Ordination of the other degrees of Ecclesiasticks and the like in all other Ecclesiastical Constitutions generally down all along the Ages of the Church Vid. Clement Roman Apostolic Constitut lib. 2. cap. 20 30 31 c. lib. 3. cap. 10 11 c. Let the Apostolical Constitutions of Clemens Romanus be looked into And the several Titles in the Sextum Clementines and other parts of the Canon Law concerning the Sentence of Excommunication and the other Censures of the Church and the pronouncing of them And these more general Powers and Rights are those which according to the Nature of them and the vote of all these things do only properly and externally belong to the Ecclesiasticks as such as the like also they have in all particulars whatsoever whether the Church be Incorporate into the State or not Incorporate into the State in any Community that are necessary as to them for the support and preservation of their Ecclesiastical Society And this is a grand Right both Natural and Divine belonging ordinarily to them as Governours in such a Society and he that shall deny them such Power must say that God hath denyed them the means to the end that he hath committed the preservation and support of the Church to them as Governours and Ministers of it and yet that he hath denied the power of doing those things which are necessary for such the preservation of it But yet by these means necessarily to be granted to them we are to be suppos'd to mean spiritual and lawful means De potestat Civili Ecclesiast cap. 3. ad fin Vid. De Imperiosum pot cap. 3. §. 6. 14. Supra lib. 1. cap. 3 §. 20. And in no case particularly that of rising in Armes against the present Lawful Magistrate that would be with Peter to take a Sword in an unlawful way sayes Triglaudius and that is not committed to them and that is against Humane Lawes and Divine and the Law of Nature c. sayes Grotius Although elsewhere he permit it even to any single person in case of extream danger to Rise as we have said heretofore Erastus Answered In Thesibus vid. Thes 74. et alibi X. Erastus hath here of late started a Question by his denial of any need of Church Censures their being executed by Clergy-men under a Christian Magistrate But he is to be answered with their being a purely Spiritual punishment and inflicted in a Spiritual way and for Spiritual ends and therefore that in the Nature and Quality of the thing they do properly belong to Spiritual Persons to use as a means for the support of their Spiritual Society and according to the appointment of Christ And this is to be observed farther That notwithstanding his seemingly favourable advice given to Magistrates in this particular yet no Magistrate since the time of his Writing hath followed it And it will be found true by any one that considers throughly of these things and as I have partly hinted already That he that shall so farre adventure to confound Divine Affairs with Humane as to put the business proper to the Function of the Ministry into the hands of the Laity to be managed Authoritatively by them shall do that which shall tend to the taking away the standing Ordinance of the very Ministerial Function it self and even of all Religion also whatsoever in the end especially if he shall make such confusion in this particular of inflicting Penalties which according to the different kinds of Penalties here pointed at is one Right necessarily belonging to the support of any Government or Society whatsoever either Ecclesiastical or Civil The Character of the Ecclesiastical person's Function is Indelible XI Last of all on the part of the Ecclesiastical Persons the Character also of their Offices impress'd upon them in their first Ordination to them is indelible as to any Humane Power It is in the Power of man to suspend degrade or depose them from the actual execution and discharge of their several Offices as all Lawes and Practices of the World except that of the Papal only have constantly affirmed but God only at first invested them with the Habitual Power belonging to their several Offices and he only can take them away from them again These things then being thus stated and describ'd on the Ecclesiastical Persons part I come next to the part of the Civil Magistrate and to the Rights and Powers belonging to him as such and which are here concern'd also The necessity of some supreme amongst men XII On the part of the Civil Magistrate then first of all this is certain that both in relation to all Humane Affairs more generally and in every Ecclesiastical Uniformity more particularly there must of necessity be some supreme amongst men in every Society For what from Nature the Philosophers say notionally and in the general Averro's Metaph 5. Tom. 6. That Ordo nan datur nisi cum relatione ad aliquid primum there is no order of things but with relation to some first The same also from Art say the Polititians practically and in particular concerning Humane Society that the order of Persons to be observed in every Society of men must necessarily terminate in some Supreme in that Society XIII He then is Supreme in every Society The Supreme person defin'd as to his Political Qualification who hath the Supreme Jurisdiction over all others in that Society And Jurisdiction is defin'd by the Civilians to be Potestatem Juris dicendi A power of giving Law to others XIV The Person Vid. F. Si qui Jus dicenti non obtemperaverit L. unica ¶ Is videtur alibi And as to his person and that is the Civil Magistrate Supra lib. 1. ca. 1. §. 11.
because the things given in charge are in themselves the greatest and must considerable of any in the World And the Charge of the welfare of them also is comprehensive of the care of all Divine and Humane affairs And the Division of Affairs into Divine and Humane we assigned to be the first and capital Division of all affairs amongst men Supra Cap. 1. §. 1. IV. If the negatives be enquired into then and whose charge and right it is not The Negatives stated and first that it is not the charge of any private person to look after the welfare of these things First it is not the charge of any person or persons purely private And then it is meant That it is not ordinarily so and that because the charge it self is publick for that any publick charge should ordinarily belong to a private person as such it would imply a contradiction since the publick and private are opposites and the offices belonging to either are universally different The offices of the publick person respect primarily the welfare of the multitude in common and of the private only that of particular Persons Jus Publicum sayes Vlpian est L. Hujus Studii D. De Justitia Jure quod ad Statum rei Romanae spectat privatum est quod ad singulorum utilitatem pertinet That the Publick Law and right is That which belongs to the state of the Commonweal The Private that which belongs to the welfare of single persons In Nicocle And Isocrates teacheth the distinction of these things when he commends those orations 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which teach Princes how they should deal with the multitude and private men how they should carry them themselves towards Princes It is true even every private person is oblig'd to promote the welfare of this publick charge by his Actions every way But then it is under a general consideration and in his place and by his particular actions as a private person and not upon the account of any such publick charge it's being committed to him as such And there may also such a rare case fall out as wherein a private person may be oblig'd to put on the Magistrate as is said of Brutus the Consul Florus lib. 1. cap. 9. in respect to his being a father in the decollation of his sonnes That Exuit Patrem ut indueret Consulem he put off the Father that he might put on the Consul V. In the second Place negatively Secondly nor the charge of any subordinate Magistrate it is not the charge of any subordinate Magistrate And then it is meant Supremely And that in respect to the dignity of the person And the reason is because the subordinate Magistrate hath no power but what he derives from the supreme as the fountain of Power as was above mention'd But in the mean time this doth not hinder but that the preservation of the welfare of Religion and Government and the consistency of Religion with Government is the subordinate Magistrates charge less eminently and subordinately Cap. 4. §. 6. and as Committed to him by God mediately and all this as he is subordinate Magistrate and as such the subordinate Magistrates in their places generally are obliged both to the Supream Magistrate immediately and to God mediately to look after it And if they do not execute the Laws that are made in any Society for the preservation and promotion of the welfare of those things they stand accountable both to God and the Supream Magistrate to the one temporally to the other eternally Thirdly Nor the charge of the Supreame Church Governour VI. In the third and last place neither is it the Charge Supreamely of any supream Church Governour in any Society unless he have the Chief Magistracy and the Priest-hood conjunct and united in his person Which may be de Jure as will be further evidenc'd hereafter Infra Lib. 2. Cap. 6. §. 5. Only the Ecclesiastical person is obliged in the mean time not to invade and usurp the power of the Civil Magistrate But yet even in the case of such conjunction of Offices also the Charge mention'd belongs to such an Ecclesiastical person supreamly only as Chief Magistrate and not as Priest And the reason is because the capacity of Civil Magistrate is Superiour to that of the Priest Infra Lib. 2. Cap. 6. §. 12 13. and §. 20. as will be evidenc'd hereafter also and then by consequence the ordinary power of such a person in the capacity of Ecclesiastical is not adaequate to the Charge mentioned But yet this doth not hinder however but that this Ecclesiastical Person also of what degree soever in the Sphere of Government in the mean time is bound in his station both to God and the Prince and in the same manner as was said of the subordinate Magistrate the different respects being had only to the different nature of their Offices to promote the good and wellfare of such the Magistrates Charge The Positive asserted viz. to whom the Charge mentioned doth belong and that is to the Supream Magistrate Hic Supra §. 1. in fine VII It being deny'd to these that this Charge and Right is belonging to them supreamly and ordinarily in any Society Let us assert positively to whom it doth so belong And that also more particularly and eminently and as a Publick Charge and immediately from God in respect to the Charge it self as was said above and that is to the Supream Magistrate And that as to the True Religion primarily and emphatically and as to the false to be kept up rather then none as we said above also And this Charge is committed to him because he is the Supream Publick Person 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But the King is the living Image of God Sayes Menander And so he hath Power adequate to the charge put into his hands i. e. over the whole Society in Common and in respect both to all Divine and Humane affairs And therefore in the Scripture Prayers are commanded to be made for those that are in Supream Authority in special 1 Tim. 2.2 That under them we may live a quiet and peaceable life in all Godliness and Honesty And it is the Periphrasis Apud Homer possim by which the Prince of Greek Poets so often designs Kings when he calls them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Shepheards of the People And the Roman Consuls that came in the place of the Kings were so called Says Florus and the Civil Law Lib. 1. Cap. 9. D. De Officia Consulis L. unica Vt consulere se Civibus suis debere meminissent c. That they might remember that they ought to consult the good of their Citizens And afterwards the Senate and people of Rome Conferr'd the Name of the Common Parent of the Country on the several Emperours So the People inscribed on the Pillar Erected in the Forum Apud Sueton. In Julio
now on the contrary if the Civil Magistrate hold the Supremacy there is no such danger of the like perpetual injury and of his usurping or extinguishing the Ecclesiastcal Persons Office There being no such worldly splendors belonging to it neither superiour nor equal to those of the Magistraties own Office to be a temptation to him to usurpe it So then this distinct order of Persons and Power which hath been mention'd and which is appointed by God and Nature being preserved and kept up in the World and particularly in the Uniformity of Churches there will follow no such confusion of things nor destruction of the right and natural order of them appointed for the governing of the World and the welfare of mankind in all Ages as hath been mention'd but if the contrary disorder be attempted the contrary confusions and absurdity in things accordingly will necessarily follow By the Magistrates indirect Power in Spirituals he is appointed to be Foster-father to the Church Is 49.23 Prov 8.15 16. Psal 2.12 Dan. 2.31 The Supreme Magistrate may commit the exercise of this Indirect Power in Spirituals to others XXII In the interim by this the Magistrates indirect Power in Spirituals which I have here all along mentioned he is appointed by God to be a Nursing Father to the Church Which he should never forget to be considering that it is by God that Kings Raign and by him that Princes distribute Justice He should kiss the Son least he be angry or else he that hath broken in pieces the Head of Gold the Brasse and the Iron and put a period to the greatest Monarchs in the World can also in a moment put a period to any temporal Princes power whatsoever XXIII Last of all the Supreme Magistrate in any Ecclesiastical Uniformity may commit the exercise of this his Indirect power in Spirituals to the Governours of the Church under him And there is a necessity of his acting by others in this kind as well as in any other because himself is not able to bear the whole burthen alone And the more directly things tend towards the nature of purely spirituals and the more neerly by consequence that they concerne the Church the more fit it is that where the Church is Incorporate into the State they should be put into the hands of Church-men to manage the respects only which have been mentioned Hic Supra §. 5. being kept up to humane Society in the mean time So then to Church-men principally they should be committed in Ordinary The power of inspection over the Church-men being only reserved to the Prince himself and the Liberty of Appeals to him from them in any case happening being granted to the Subject And this is the case of the Church Governours and the Index Ordinarius or Ordinary in England And of the like also in other Churches CHAP. VII The Proposition asserted that Humane Condition in this World being considered there can be no such thing indulged really in any State or Common Society of men as a loose and open Toleration of venting and disseminating of Opinions in matters of Religion without deadly Feuds and Contentions in that Society and the dissolution of it in the end by those Feuds and mens falling together by the Ears and to Warre one with another The dispraise of such and the like Feuds and Contentions And how they make to the hurt of Religion and also of Government and also of the consistency of Religion with Government and how much they are forbidden in Scripture The Conclusion drawn from all these things I. FIrst What is meant by an Opinion in matters of Religion explained II. What is meant by a loose and open toleration of divulging such Opinions explained also III. The things here to be considered of as accompanying Humane Condition in the World assigned IV. The proof of the main Proposition from three Considerations of things V. First from the Aptness of men to entertain opinions in matters of Religion VI. Secondly From the infinite variety of these Opinions amongst them VII Lastly From the Array in which they go forth to the propagating and defending of these their opinions VIII The more particular mischeifs of Opinion-Contests to the affairs of Humane Societies IX First To Religion X. Secondly To Government XI Thirdly To the Consistency of Religion with Government XII And Lastly How much they are forbidden also in Scripture XIII The general Conclusion subjoyn'd to all these things What is meant by an Opinion in matters of Religion explained Supra lib. 2. Cap. 1. §. 4 5 6 7 8. I. THe Causes of mens contesting their Opinions in matters of Religion being above described we come here to describe the effects of their divulging and such their consequent contesting of them in any Society And those we do assign to be deadly Feuds and Warres amongst men and finally by them the ruine and confusion of any such Society First of all then we shall explicate what we mean here by an Opinion it self in matters of Religion And an opinion is taken either properly De Repub Dial. 5. ad finem or improperly And strictly taken in the General sayes Plato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. It is a middle thing betwixt ignorance and knowledge And that because of the doubtfulness of the mind in assenting to the particular matter of such an opinion And if we farther distinguish it it is taken either effectively for the weak and doubtful assent of the mind it self to any Proposition and so Est actus Intellectus declinantis in unam partem contradictionis cum formidine alterius Secunda Secundae Quaest 1. Art 4. sayes Aquinas That it is an act of the intellect inclining to one part of the contradiction with a fear of the other its being true also Or else objectively for that sence of the Proposition which is so assented to But we understand not an Opinion here in this proper sence of it but improperly and more largely and that is for any Judgement whatsoever held by men concerning things in matters of Religion And the Truth is The vulgar heads amongst men in Relation to whom principally we mention contesting of opinions up and down in this discourse do seldome entertaine any Judgment in matters of Religion purely probably and opinionatively as the Terme is properly taken But partly from the shortness of their own Eyesight and their want of farther insight into things and Arguments pro and con concerning them and partly from the little experience they have of the uncertainty and difficulty of many matters of Knowledge and Study and how many times men do upon farther search and tryal of both sides recant their first thoughts concerning them and partly from the influence which the present sence they have of things hath upon them especially the Sacred Notion of Religion accompanying it and overbearing them from these and the like causes they judge all things that they have but any notion and