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
affairs bear to them these things So in the Church of Geneva The Laws and Statutes Lee the Laws and Statutes in Princip appoint their Evangelical Ministers to protest to receive and retain the Doctrines approved in the Church before they be admitted to the Ministry And in the Oath taken by them before the Syndieques and Councel Ibid. Paulo post p. 9. sub Tit. Here followeth the persons c. they are obliged to conserve and keep the Vnity and Concord of Doctrine and if any differences therein happen to refer them finally to the Magistrate and the like And although they prescribe a Directory onely both for their Church and Family Prayers in some particulars Ibid. in fine In the third Proclamation Ibid. sub Tit. The order which ought c. and as expecting by that sufficiently to provide for the Peace of their Little Territories yet of necessity they prescribe a form in other particulars and they no where declare against the use of Liturgy by other Churches The like is to be observed in the Churches of the Low Countries the Ministers are appointed to subscribe The confession of Faith and the Catechism used and authorized in the Reformed Churches of the Vnited Provinces See the Corpus Disciplinae Cap. 1. in princip Cap. 4. in princip Postea p. 12 13 14 c. and also the doctrinal Decrees of the Synod of Dordrecht in the Year 1619 and to submit themselves to the Synod And the Corpus Disciplinae sets down also their directive prescriptions for the celebrating of Divine Service and the forms of Prayer and of other things for the administration of Baptism and the performance of other Offices in the Church The like to these things also were those said to be presented to the High Court of Parliament for the Reforming of the Church of Scotland not long since In the pattern of Reformation See the Reformation of the Discipline and service of the Church c. Edit London 1643. was set down the confession of Faith used in the English Congregation at Geneva to be assented to and the prescript forms of Common Prayer and of other things to be used in the Publick Divine Service And the like things are to be observed in the publication of the Doctrine and Discipline of the same Kirk Printed by Robert Young Anno 1641. See the first Book of Discipline for prophesying c. alibi Curiosity of bringing in strange Doctrine is to be noted and the like And last of all the like things are in use in the present Church of England The Canon of Doctrine in that Church is that body of Doctrines which is ordinarily called the nine and thirty Articles and the Liturgy is framed according to it IX The History of the English Uniformity and of its Canon of Doctrines and Liturgy is here worthy the noting briefly The History of the English Uniformity and of its Canon of Doctrines and Liturgy See the Praeface to Rogers on the 39. Articles and by those that will the better understand the affairs of it The present Uniformity for the most part of it was at first set up by godly able and impartial men in the time of King Edward the sixth And they had this advantage at their then departing from the Uniformity of the Church of Rome That the Publick Affairs of the Kingdome and the present state of them did permit their fixing in a mean and betwixt the extreams in this matter And they endeavour'd it accordingly and have left their posterity to Glory in it to this day They were the words of a King who suffered Martyrdom in the defence of the English Church and the Religion establish'd in it and left this Advice and Testimony behind him to his present Royal Successour in the Throne See his Letter to the Prince of Wales I have tryed it and after much search and many disputes have concluded it to be the best in the world not only in the community as Christian but also in the special Notion as reformed keeping the middle way between the pomp of superstitious Tyranny and the meanness of phantastick Anarchy And many the like Testimonies in this matter of meaner persons might be added After the days of Edward the sixth and in the time of Queen Mary this Uniformity being intermitted at the coming of Queen Elizabeth to the Throne it was again revived and promoted In her dayes first began the Domestick oppositions of some of those of the Reformed Profession to be made against it And they quickly were made Popular and the Effects of them are felt to this very day The Grand Posts of Controversie have been the Episcopacy the Liturgy and the Ceremonies And the two latter it is evident in order to the subversion of the former And the Original of those oppositions made against them is judged by wise men to have proceeded from impressions received abroad by some of Queen Maries Exiles and especially at Geneva So sayes the wise and moderate Discourse Re-printed in the year 1641. Vid. p. 42. said to be the Lord Bacons The fourth and last occasion sayes he of these Controversies is the partial affectation and imitation of Forraign Churches For many of our men during the time of Persecution and since having been conversant in Churches abroad and received a great impression of the Government there Ordained have violently sought to intrude the same upon our Church c. Vid. passim And first published Anno 1575. and reprinted 1642. See the first and second Admonitions Aano 1573. Supra Lib. 2. Cap. 1. §. 6 7 8 9. The Authors of them being Imprisoned See the Admonitions Answer See his modest and reasonable Examination c. Cap. 1. p. 21. c. See Mr. Sprints Cassander Anglicanus p. 1â—3 and his Reply annexed p. 269. And the History of these mens Conversation abroad is to be seen much of it in the Book called The Troubles at Frankford These Oppositions then being thus once made and made popular innumerable Pamphlets in the said Queens dayes flew about And amongst others those of the greatest note were the two Admonitions to the Parliament The Fallacies and other faults of the first of which were discovered by Dr. Whitgift in his Printed Answer to it And all these things being thus on foot the ordinary causes of such Religious contests heretofore in this Discourse mentioned must needs be supposed to work together with them on both sides viz. the Vulgars mistakes in Religion the collision of passions like Flints striking fire out of one another the mixture of worldly interests and the like and the weaknesses and corruptions of men were the oyl to all these flames Till the dayes of King James then these oppositions still grew on The opponents admonitions had been rejected before by Queen Elizabeth's Parliament the fallacies of them as is said discovered their making their Discipline a third Note of a Church derided with
DE JVRE VNIFORMITATIS ECCLESIASTICAE 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 ET EXCUTIT ICTIBUS IGNEM By HUGH DAVIS LL. B. Late Fellow of New-Colledge in Oxford and now Chaplain to the Lord Duke of BUCKINGHAM LONDON Printed by S. Simmons and to be sold by T. Helder at the Angel in Little Brittain and S. Lowndes over against Exeter house in the Strand 1669. To the HIGH and MIGHTY PRINCE CHARLES the II. By the Grace of God KING of Great Brittain France and Ireland Defender of the Faith c. EXCELLENT SOVERAIGN WHile your Great Affairs are prosperously managing both abroad and at home behold here I present this Book as one meanes in its kind toward the settlement of the Peace of your Kingdomes The Rights of an Ecclesiastical Vniformity have been many times debated in the World with Fire and Sword And Your Kingdomes have been of late through the debates concerning them the dire Field of Blood Which Rights because it is of so great moment both to all Divine and Humane Affairs that they should be duely stated and because they have never yet been stated by any I have therefore here adventur'd the stating of them and that according to the evident dictates of the Lawes of Nature and Nations and of the Divine Lawes concerning them and as they make to the preserving and promoting the Publick and standing welfare both of Religion and Government and the Consistency of Religion with Government the Principal and Fundamental matters of all Humane Societies And I have made a search into the frame and fabrick of all Humane Affaires and have unravel'd the transactions of the former and present Ages of the Churches both of the Jewes and Gentiles Christians and Mahometans for the doing of it And I here Dedicate it particularly to the Peace of Your Majesties Kingdomes at least so far forth as a Book may be a means for the procuring the Publick Peace and where it may meet with men either of Reason or Conscience and not of furious Ignorance or temporal Interests Behold Great Prince I Present it at your feet most Humbly craving leave that I may light this Candle at the Sun and draw a Lustre upon this Discourse from Your Majesties Soveraign Patronage Herodotus relates it of Midas In Clio paulo post princip That of all things he chose to offer at Delphos his Regal Chair in which he was wont to sit and give Laws to his Kingdom It is because this Book concerns these great matters of Law and Publick Right that I presume to offer it thus in Duty to Your Majesty What the Church Historian tells the Excellent Emperour Theodosius Sozomen In Praefat. ad Imperatorem Theodosium That it was said of him that he spent the day and night in Councels and Causes in looking after his Religious and Civil and Military Affairs The like is said of Your Majesty that You are at all times ready at Your Councels and Deliberations That You go abroad to Visit Your Garrisons and Navies and that You spend your time in looking after the setling the Church and State the Charge committed to you by God May Religion and your Majesties Government long flourish together in your Dominions that the Divine Blessing may accompany you and there may never be wanting one to Sit upon the Throne of your Fathers so long as the Sun and Moon shall endure YOVR SACRED MAJESTIES Most Humble and most Obedient Subject Hugh Davis TO THE High Court OF PARLIAMENT AND To the rest of the Subjects of the KING of GREAT BRITTAINS Dominions THE Subject-matters of this Book Most Noble and Generous Patriots contain the summe and substance of Humane Affairs and which concerne the Peace and Tranquillity of the Dominions of Princes And they are those also which are now upon the Wheele and more particularly and principally in agitation amongst us like Balls of Fire thrown to and fro in the mid'st of us You have more then once Determin'd concerning them And Your determinations claime this Direction and Submission of them to you And the more peculiar respects which they bear to the occasions of his Majesties Subjects the like Direction of them also to them I have endeavour'd the impartial stating of them according to the dictates of the three sorts of Laws currant amongst men And where our Affairs Domestick have more particularly occurr'd have avoided what I could the intermixing with the Heats and Passions of the Times I do not presume in the least in these things Honourable and Renowned SENATOURS to interpose in your Great and Publick Councels those Soveraigne Balmes of ENGLAND Nor to undertake to instruct many of the able and sufficient minds of others those more Ethereal and Celestial Beings amongst men But only if it may be for Information if for Satisfaction where there is Occasion for the giving of it I have adventur'd the Representing of those great matters which do so highly concerne the Establishment and Preservation of the Peace of Your Country and of all Humane Societies THE PROLEGOMENA TO THE Three Books ENSUING DIverse have written of the diverse sorts of Laws amongst men Of the Laws of Nature and Nations and of the Divine Laws And that both more generally and particularly Diverse also have applyed those Laws diversly And that both in respect to the Civil and Ecclesiastical part of Humane Affairs But none yet hath applyed them to the Rights of an Ecclesiastical Vniformity viz. those of the Prince the Priest and the People belonging to it Nor digested those Rights into any due connexion and order viz. as they make to the preserving and promoting the publick welfare both of Religion and Government and the Consistency of Religion with Government And yet scarce any thing next to the Divine Law it self is of greater moment to Humane Societies Right is the Publick Cement of all Humane Affairs and that which all men contend about and expect even from God himself And Religion and Government and their mutual consistency are the things primarily fundamental to the very being and welfare of all Humane Societies besides what respects they have to another world Wherefore Plato calls In Gorgiā prope fin all preparations both of War and Peace which are made in a City Toys if Justice and Temperance be not preserved in it In Hercule furent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paulò post princip And Amphitryo in Euripides cryes out to Jupiter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But dost thou not know how to save thy Friends Either thou art an unskilful God or else thou art not just And Cicero in his Books of Laws Nihil tam aptum est ad jus conditionemque naturae quam Imperium sine quo nec Domus ulla nec Civitas nec Gens
sort of Clerg-ymen so as to the lesser and more inferiour also proportionably So that thus then and with these Cautions and for these ends which we have mention'd The Supreme Magistrate in any Society may commit the discharge of Civil Offices to Church-men and they also may lawfully discharge them And since they as well as others are numbers of Humane Society in the Common as hath been said there can be no sufficient reason rendred why they also should not be under a general obligation to serve in that Capacity and he that shall assert and maintain the Contrary shall do it against the several Lawes and Practises of Nature and Nations which we have mentioned VI. In the mean time then their due respects are alwayes also to be preserved and performed to the other estates in any Society A Caution subjoyn'd To the Nobility who are umbrae Regis and Pares Regni the Shadowes of the Soveraigne Prince and Peers of the Realme And to the Gentry or second Nobles secondarily and in their places also We presume not to admonish Princes and Governours in this particular who understand their own affairs so well as to be careful to keep the estates of their Territories in their due Poize one towards another And both Laicks and Church-men in their several degrees and while thus intermix'd in Offices are to be mindful of the several respects to be perform'd to each other And it is never well and as it should be in any Society whatsoever till all these three Estates have their due and mutual respects perform'd to them both by the Soverain Prince and by themselves towards each other VII As we have said The necessity of difference of Orders and degrees of Churchmen and Ecclesiastical persons in any Church Society The several Orders and Degrees of Ecclesiastical persons mention'd in the Christian Scriptures and the Churches power of varying concerning them Vid. Canones Apostolor Can. 35 c. Concil Antioc Can. 9. Et Concil Nicaen Prim. Can. 6. c. Decrâ—ti part 1. distinct 21 23 25 79 c. Et Bezam in Matth. 2.4 Grot. in Math. 2.5 Spanhem in Dub. Evangel Gerhard in Harmon And Bp. Andrewes his Summary of the Government both of the Old and New Testament That there must of necessity be diverse degrees and orders of Governours in the general in any Society so here we say further and more particularly that for the same Reasons also there must of necessity be divers Orders and Degrees of Church Governours and Ecclesiastical Persons and Officers belonging to them in every Church-Society and Ecclesiastical Uniformity So there were alwayes amongst the Heathens in their Church Societies as we have partly already mention'd and as is to be seen in the several Heathen Histories and relations of these things And so there must of necessity be in all other Churches VIII As to the Christian Church there are divers sorts and degrees of Church Governours and Ecclesiastical Persons mentioned in the Scriptures both of the Old and New Testament and asserted by all the Ancient Councels the Canon Law the generality of Interpreters of Scripture and the like Let the Canons of the Apostles The Councels of Antioch of Nice The several distinctions in the Decretum c. be looked into And there are divers Powers also necessarily belonging to these divers Orders of Church-men according to the diverse Nature and Quality of the Affairs proper to their Offices In the Old Testament there are mentioned High-priests Priests of the second Order 2 Kin. 23.4 or Priests simply taken Levites and others In the New Apostles Evangelists Bishops Presbiters or Priests Deacons and others In the Old Testament these Church Officers were perpetually fix'd to their several particular Imployments And although in those dayes the Old Testament Church-Polity was intended only for the Kingdome of Israel and the Lawes both of the Church and State were suited one to another and fixed thus for ever by God himself yet it was left to Humane Prudence to vary still in Circumstances and indifferent things concerning the Ecclesiastical Polity according as the present state of Affairs might at any time require the substance of that Polity ever remaining So in Moses Joshua's David's Nehemiah's and others times And so there was a necessity from the vicissitudes of Affairs that God had appointed to be in that Church as well as in the rest of the World that it should be In the New Testament the standing ordinary Church-officers were appointed to be perpetual also The Ordinary were those whose Offices were ordinarily necessary for the well being of the Christian Church the extraordinary those who were appointed pro Tempore and as the present state of affairs in the first times did require And that the Platform of the perpetual and ordinary Offices of Bishops Preists and Deacons was derived and taken from the Pattern of High-priests Preists and Levites in the Old Testament it will not at all be doubted by him that considers the Circumstances attending those things and the Parity betwixt them And last of all if the Jewes Church which was settled under one perpetual Government and confin'd to one only Nation had Power to vary however according to the occasions of times in Circumstances and things indifferent concerning their ordinary Church-Officers of Ecclesiastical Polity then much more for the same Reasons hath the Christian Church such power to vary which is laid open to be set up in all Nations and appointed to consist as to these Circumstances and things Indifferent with the several sorts of the Civil Policies of those Nations and Countries The Rights and powers belonging to the Ecclesiastical Persons as such IX The Church Governours and Ministers in every Christian Church and the Uniformity of it have a full power and distinct Right from Christ of doing all things properly as is said belonging to them and as such in their several Capacities in the Church viz. Of Ministry Jurisdiction and Order as they are usually call'd And as also the Divine Law of Christ saith concerning them and all Decrees Canons of Councels and Ecclesiastical Constitutions derivatively from it Of Ministry i. e. Of Preaching Administring the Sacraments and dispencing all matters of Doctrine Of Jurisdiction i. e. Of commanding forbidding inflicting Penalties executing Ecclesiastical Censures and dispencing all matters of discipline And lastly of Order i. e. of ordaining others to succeed them in their several Functions in the World And so saith the Scripture Matth. 28.18 19 20. That Christ gave Power to his Apostles and their Successors in the Ministry to go forth and teach all Nations See also Eph. 4.7 8 11 12 13 c. And 2 Cor. 5 20. 1 Cor. 4.1 2 3 4. Heb. 13.17 Mark 16.15 16. Luk. 24.47 48. See also Matt. 16.19 Math. 18.18 Luk. 10.2.11 16 c. See also the 1 Tim. 5.22 1 Tim 4.14 Tit. 1.5 6. c. Vid. Can. 64. apud Carranzam in Summâ Concilior Vid.