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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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universal interpretour and that is that which needs not the commendation neither of Plato nor Socrates which is not directed to only either by the Law of Moses or that of Christ but by the very humane nature it self and that is Right Reason This is the sum of all Professions Arts and Sciences and Learning amongst men This is above the greatest of all Humane Authorities This is the intent and complement of all Councels and Deliberations in this world Tnis is beyond what can be thought of or comprehended by man The rule of the Actions of Angels nay of the divinity it self The Law of Humane Nature Nay the very Humane Nature it self And then since the Supream Creatour hath appointed all things to proceed in their actions and motions by the Laws of their several natures what is there left for man to proceed by in all things but the Law of his Nature also What can he or may he be governed regularly by but Reason Nam neque decipitur ratio neque decipit unquam For neither is reason deceived nor doth it ever deceive Ei Deus hanc alta Capitis fundavit in Arce Mandatricem operum prospectur anique labori And God hath founded this in the High Tower of the Head The commandress of Actions and the guide of Labour In D. L. Scire oportet §. Sufficit Col. 4. And therefore Baldus and the other Doctors in the unfolding their Law do rightly assert That it is the weakness of Humane Intellect in any cause whatsoever to seek for a written Law where it finds natural Reason and that the force of Reason is it which all mankind is bound to obey Idem A● L. Nemo C. desentet interin●ut O●● judic 〈◊〉 L●●●b 1. And Cicero Societatus humanae vinculum est ratio Oratio quae dicendo communicando disceptando judicando conciliat inter homines conjungitque naturali quadam Societate neque ulla re alia absumus a natura serarum That Reason and Speech is the band of Humane Society Epist 77. which by delivering things by communicating of them by discoursing and judging doth conciliate men and joyn them by a certain Natural Society neither do we differ from the nature of beasts by any other thing And Seneca Nam cum sola ratio perficiat hominem sola ratio perfecta beatum facit haec autem unum bonum est quo uno beatus efficitur scilicet virtus For since only Reason doth perfect the man perfect Reason only doth make him happy And this also is the only good by which alone he is made happy viz. Vertue And Divine Plato De Repub. vel de Just Dial. 9. ad fin At forte in Caelo illius Civitatis extat exemplar c. But perhaps the pattern of that City is extant in Heaven viz. which is founded and ordered by Reason And last of all the Proclaimer of Proverbs Cap. 20. v. 27. and King of Israel Solomon The spirit of man is the candle of the Lord searching all the inward parts of the Belly And Chap. 3. v. 19. the Lord by wisdom hath founded the earth by understanding hath he established the Heavens Vers 20. By his knowledge the depths are broken up and the clouds drop down dew 21. My Son let them not depart from thine eyes keep sound wisdome and discretion 22. So shall they be Life to thy Soul and Grace to thy Neck 23. Then shalt thou walk in thy way safely and thy foot shall not stumble 24. When thou lyest down thou shalt not be affraid yea thou shalt lye down and thy sleep shall be sweet The conclusive caution subjoyned to these things XIII These then being the Rules that are to be proceeded by in this matter and because we have heretofore distinguished the Canon of Doctrines into written and traditional and have made frequent mention of customary Ceremonies and their being in National Churches as well as those recorded in the written Canon or Liturgy therefore we are here last of all to give caution and it ought to be remembred That wheresoever such a Traditional Canon or customary Ceremonies are found in any Church there the same Rules which have been here all along given for the interpretation of the written Canon and Liturgy and the sence of them are to be applyed by private persons in like manner also for the interpretation either of the Truth or Lawfulness either of the traditional Canon where such is found or customary Ceremonies and of each in their several capacities and so far forth as either of them are propounded by Authority either as directly Doctrinal or else as including Assertion and Doctrine and immediately implying practise Non possunt omnes Articuli says Julianus in the Digests sigillatim aut legibus aut Senatus consultis comprehendi De Legib. Senatus Consult L. non possunt sed cum in aliquo casu sententia eorum manifesta est is qui jurisdictioni praeest ad similia procedere atque jus dicere debet That all particular points severally cannot be comprehended either in any Laws or Decrees of the Senate But when in any case the meaning of them is manifest he that hath the power of jurisdiction ought to proceed to the like things and so to pronounce Sentence Which Rule is evidently currant in the like cases concerning all other things CHAP. IX Of the Rewards and Punishments belonging to an Ecclesiastical Vniformity And the Authorities and Rights concern'd in the dispensing of them I. THe peculiar necessity of rewards and punishments to the Regiment of Humane Societies II. The special application of them to the matters of an Ecclesiastical Vniformity And first of the Doctrine of Rewards III. And first those rewards distinguished and the state of the present case concerning them IV. A conclusive Corollary laid down concerning them also V. The Original and most natural intents of all sorts of matters of special reward VI. The ingress of Friendship Kindred Money private service and the like in respect to these things in humane societies VII The rewards ordinary in an Ecclesiastical Vniformity must needs be Ecclesiastical VIII The first Rule to be held concerning the dispensing of them IX The Second X. The Third XI The Fourth XII The Fifth and last XIII The neglect of the observance of these Rules in this matter hath brought great damages to Societies XIV The first conclusion laid down from hence XV. The Second XVI The Doctrine of Penalties laid down XVII The several sorts of Penalties in an Ecclesiastical Vniformity distinguished XVIII The degrees of Church censures XIX Those censures to be dispensed with the least Humane mixtures XX. The right of dispensing them belongs to Church-men XXI The Church censures to be backed by the Magistrate XXII He hath also the power of controuling the execution of them XXIII And upon the same account is exempted from them XXIV The appendant questions resolved XXV The First of them XXVI The Second XXVII The
trusted in a Temptation It is for the Princes dammage many wayes if he should put a Tyranny in Practice he loseth his Subjects hearts and their persons in both which his strength and safety consisteth every way he incurres the danger of Risings against him Assassinations and the like But the Ambitious or otherwise corrupt members of a multitude are prompted by hopes of getting and that even the Princes Crown which doth use to be more valued by such men then a Crown of Starres in Heaven And lastly a Prince may be perswaded if he be a man of Conscience by his Divines If not by them by others upon the account of other respects to desist from Tyranny but there is no dealing with a multitude by any of these wayes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 A multitude is a certain untractable thing Hecuba Agamemnon Lib. 16. and if accompanied with Treacheries invincible sayes Euripides And variae sunt hominum Cupiditates judicia presertim multitudinis sayes Guicci ardine That the judgments and affections of men are various especially those of a Multitude It is better then that the Doctrine running the hazard of such a Tyranny and that Tyranny also being forbidden by it be thus taught then that the Doctrine running the Hazard of such a rising and that on the contrary as a rising allowed of by it be taught and practised in humane societies The General Conclusion XXIII Last of all we conclude then from these Arguments and circumstances of things compared concerning this weighty matter of the publick good and which is proposed as the summe of all the dispute in this Question That it is better for it that the Power of Princes be derived from God then from the people Grotius himself and others cry out upon the Dire effects that have been in the world from the Teachings the Doctrine of ordinary Risings Quae sententia De jure belli Lib. 1. cap. 3. Sect. 8. sayes Grotius quot malis causam dederit dare etiam num possit penitus Animis recepta nemo sapiens non videt which opinion to how many mischiefs it hath given cause and being throughly received may give daily there is no well advised man that sees not And yet when they have made their distinction of ordinary and extraordinary Cases they terme the certain danger of any one single person to be a case extraordinary and he that will look into the Books of the Canonists Jesuits and the like writings of the Church of Rome from whose Towers this shot against Princes came first into Christendom shall find such casuistical Divinity such talks of Daggers Poysons c. intended and bent against those Princes as would make the ears of any one considering the weight of such matters and sincere in Christianity to tingle There is to be found the Popes Supremacy over all the World asserted and all the propositions that lie on the negative part of this Question for the subverting of Temporal Princes who upon any occasion shall oppose him So Bellarmine That all temporal power is (1) De laicis lib. 3. cap. 6. fundamentally in the people But that the Pope hath his (2) Et de Summo Pontif lib. 5. cap. 6 and 7. §. Item potest hic Supra §. 7. in fin And §. 14. in princip indirect power in Temporals from St. Peter as also was mentioned above out of Covarruvias and others So Suarez of exemption of Clarks from the Civil Lawes of States and the like (3) Defen cont Sect. Anglic. lib. 4. cap. 17. cap. 9. 3 De Rege regis Institut lib. 1. cap. 10. Marian and others So Azorius of (4) part 2. lib. 11. cap. 5. Interdicti venet Histor lib. 2. circa med Saaturel Tract de Haeresi Sismate c. Soto de Justit jure lib. 5 Quaest 1. Art 3. c. Excommunication of Kings of deprivation of them of their Kingdomes after such excommunication of the Subjects being absolv'd from their Oathes of Allegiance of their rising in Armes such as was endeavoured by the Pope in the case of the interdiction of Venice and hath been in many other States say their Records of any mans Assassinating Princes as Hereticks and the like things resolved of by him and Sautarella and Soto and others And it is no wonder if that great Italian B pp. That stiles himself the Sun in his Canon Law and elsewhere and all Temporal Princes the Moon If he that dates his own Spiritual Power from St. Peter and the Temporal Power of Princes from the People If he that affects a Monarchy over the whole World and wears a Triple Crown as representing his Allmighty power over the three great Kingdomes of Earth Hell and Heaven for the Churches good See King James his defence of the right of Kings elswhere as he saith and loe thus he hath improv'd Religion and the Office of his Priesthood If such an one maintain or at least connive at the loosness of such Principles and the leudness of such persons in the stating the particular Cases concerning them as hath been mention'd Last of all that usual saying of Pope Paul the fifth Interdict Venet Histor in princip that it was cheifly in his thoughts Audaciam Magistratuum Secularium mortificare To mortifie the bouldness of Secular Magistrates The Doctrine afterwards in the Case of Venice published and allowed of by the Court of Rome Ibid. lib. 4. paulo post princip Potestatem Principum Temporalem subordinatam esse Ecclesiasticae eique subjectam That the Temporal Power of Princes was subordinate to the Ecclesiastical and subject to it The banishment of the Jesuits from the Venetian Territories Ibid. lib. 6. prope fin In the Dining Rome of the Kings lodgings See the dangerous Positions sayd to be Bpp. Bancrofts containing the Sum of these writings and Citations for their abetting such like doctrines as these and in the close of all the Gunpowder Treason in England horrid to be recited And Sr. William Wade's Chimny peece and Monument in the Tower of London will be sufficient Testimonies to these things And in the mean time what credit is it either for the Scotch or English Presbytery as is layd to their charg and their book and practises are cited to testifie or others to follow the Principles of these Church-men of Rome So then having said these things we have asserted our proposition first mentioned in its latitude of sence intended by us in this discourse and necessary for the compleating of it and have so put an end to this difficult and important Question CHAP. IV. The third Proposition also asserted viz. that Religion and Government being both so appointed by God they must needs be consistent mutually amongst men And that their Consistency explicated and stated I. The distinctions of Government first above mention'd applyed to it's Consistency with Religion II. The distinctions also of Religion applyed to it's Consistency
§. 85. in Octavio §. 58. to Julius Caesar Parenti Patriae To the Father of the Country And the Senate and people saluted Octavius by the Name of Pater Patriae The Father of the Country And Magistratus est Medicus Civitatis beneque praeest qui juvat Patriam aut certe laedit non volens sayes Thucydides That the Magistrate is the Physician of the City Lib. 6. and he doth well in his Praeheminence who helps his Country or at least doth not willingly hurt it Et in hoc serviunt Reges Deo sayes St. Augustine Si in Regno suo bona jubeant mala prohibent Lib. 3. super Chrysost non solum quae pertinent ad Societatem Humanam sed quae ad Divinam Religionem That in this Kings do serve God in their places if in their Kingdoms they command good things and forbid evil viz. not only those which belong to Humane Society but also to the Religion of God So then as this is thus the Charge and Right of Princes and particularly to see that Religion be preserved in its consistency with Government so also on the other hand they are obliged both in the Court of Conscience and in the Supream Court of Heaven to see that their Government be kept in Consistency with Religion The Kingly Prophet calls to the Kings and Judges of the Earth Psal 2.12 Kiss the Son least he be angry And Christ in the New Testament Whosoever therefore shall break one of these least Commandments and shall teach men so the same shall be called the least in the Kingdom of Heaven And that this is thus on both hands the Charge and Right of the Supream Magistrate it is also further evident both from the Law of Nature and the Divine Law and that also of Nations Who by compact and general agreement in relation to these things treat only with the Supream Magistrates of Countries as the persons most properly concerned in them So in all Counsels and Synods Ecclesiastical Oecumenical and others and that even in the Papacy its self Princes are first solicited by admonition to Assent and to send their Divines And their Embassadors come to those Assemblies also for the declaring and securing of their several Masters Rights before the Assemblies themselves be opened and matters passed Authoritatively in them The conclusive explications of the positive part of the Question subjoyn'd VIII This then being the affirmative part in this matter Let us come last of all to subjoyn our further and conclusive explications of it as was mentioned And that briefly The first conclusive and explicatory proposition IX And the first of those is That this Charge then of the Supream Magistrate is Primarily and Principally to be looked after by him And that because it is his Supream Charge in respect to the dignity of the thing and more eminently committed to him by God and the greatest of any that can possibly be put into his hands in this world it containing the sum of all Divine and Humane Affairs In Principe Cap. 4. as is said Habent Principes quae eo pertinent sayes Cicero Varios Actus conciliorum temporum in summa rerum administranda haec gravem curam diligentiamque desiderat quam ipse Princeps sustinet That Princes have divers Acts both of Councels and Times which belong to their Office in the administring the sum of Affairs and this sum of all which the Prince sustains requires a great care and diligence for the management of it The second X. The second Conclusive Explication is that this great Charge of the Magistrates is perpetually and constantly to be looked after as the wakeful Dragon watch'd over the Golden Apples of the Hesperides And that both because God hath appointed Religion and Government and the Consistency of Religion with Government to be kept up and maintained perpetually in the world and so long as mankind shall endure in it and also because these things are perpetually in danger as hath been mentioned And there hath been scarce any more prevalent means then the pretence of Religion by which innovators in all States have arrived at their ends and scarce any Civil War which is the worst of all Wars but what hath either been begun or maintained by it against the Soveraign Prince All Histories are full of examples in this matter And the Soveraign Prince in any society had need beware of the like future attempts as Sea-men of the approach of a Spoute at Sea The third XI To these ends then there is a necessity of the Magistrates using the means for his accomplishing them Media ordinantur ad finem In Gods very having appointed the Magistrate to arrive at the end he hath implyed and included the appointment of his use of the means to that end And those means he is obliged to use both as these things are his charge committed to him by God and also as they are his Right and respect his own welfare particularly and also as they respect the welfare of his Subjects Supra Cap. 1. §. 12. and Cap. 3. §. 17. and the Common Good which hath been said to be the last end of all Humane Society The fourth XII The consistency of Religion in its relative consideration with Government includes the welfare both of Religion and Government simply and separately taken because by its very being rendred inconsistent with Government whether imprudently or maliciously whether being used as a means to serve mens ends or not both it is falsified and Government is at least endangered and always in some degree or other hurt and perhaps somtimes totally ruin'd And in relation to these respects of these things principally we treat of them in our following discourse XIII And lastly the means necessary to be used by the Prince The fifth and last conclusive explication for the preservation of the welfare of these things in any Society are the Laws of an Vniformity in Church matters in some kind or other in such a Society And to prove this and explicate what the Laws and Rights of such an Vniformity are The conclusion of the First Book An earnest wish that Princes may take that special care which they ought to see that their Government consist with the True Religion both generally and particularly will be the great intent of what we shall say hereafter XIV In the interim we shut up this First Book with earnest wishes and prayers That as God hath committed it to Princes to see that Religion consist with Government so he would direct and inspire them to take that special care that it behoves them to see that their Government also consist with the True Religion And that not only negatively that it do not hurt it but positively and eminently that it may eminently help it By this they will create in their Subjects minds a more sacred veneration towards them and render themselves in