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A35696 Jus Cæsaris et ecclesiæ vere dictæ or, A treatise wherein independency, presbytery, the power of kings, and of the church, or of the brethren in ecclesiastical concerns, government and discipline of the church : and wherein also the use of liturgies, tolleration, connivence, conventicles or private assemblies, excomminication, election of popes, bishops, priests what and whom are meant by the term church, 18 Matthew are discoursed : and how I Cor. 14. 32. generally misunderstand is rightly expounded : wherein also the popes power over princes, and the liberty of the press, are discoursed / by William Denton ... Denton, William, 1605-1691. 1681 (1681) Wing D1066; ESTC R9164 326,898 268

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Member of the Militant Church is ordinarily a Member of the Christian Commonwealth or Kingdom wherein he lives and è contra That which differenceth the Church properly so called from a Society or Body meerly Civil is the diversity of Laws and Ordinances and the different manner of Union betwixt the Members of it A Church A Commonwealth or Body Civil are not necessarily two Bodies contra-distinct or Opposite as the Romanists often dream or presuppose in their Arguments brought for the Prerogatives of the Roman Church alledging that those have first their being and then they frame their Government and therefore are free and that all Jurisdiction is originally in them which they do communicate to Magistrates without depriving themselves of it But the Church did not make it self and its Government but Christ did first Institute Laws by which it should be Governed and then did Christ assemble it but rather one Body endowed with several or distinct Powers or Perfections when a Kingdom or Commonwealth becomes Christian and Consequently a Church it looseth nothing of what it had but rather acquires a New Perfection and Accomplishment by the Accrument of Divine Powers added to the Civil It may be true that when the Church was first Founded by Jesus Christ that it was altogether distinct from the Commonwealth for indeed it could not be then otherwise for that all Kingdoms and Commonwealths were then open and professed Enemies to the Gospel and therefore the Regiment given unto the Church by Jesus Christ was accordingly such as might be exercised by the Members thereof in any Nation and among any People be their Government what it would or their Enmity to the Gospel never so great without clashing or interfeering with it or with them and without the least disturbance of the quiet State of the Kingdom or People whereunto they were sent for their Conversion But when that Prophesie that Kings should be the Nursing Fathers and Queens the Nursing Mothers of the Church was to be fulfilled and whole Kingdoms embraced the Gospel and became Christians then the Church and Commonwealth became one and were no longer contra distinct Certainly the Justifying of Excommunications or Church Censures in this manner on such grounds and Positions is to speak modestly scarce safe or defensible For that they seem too much to Countenance and to approach too near unto the Positions of the Papists which are 1º that the Spiritual Power is above all Secular and Civil Power which Assertion were it rightly limited and Stated is in it self Orthodox as here is declared but the more Orthodox it is in it self the more Pernitious and deadly it makes the second Position unto which they seek to Wed it viz. 2º that this Supream and Spiritual Power is totally Stated in the Clergy as in a Body distinct from the Body Politick And the most of them hold the plenitude of this Power to be in the Pope from whom all Spiritual Power of Jurisdiction is derived unto the rest of the Clergy after the same manner as Jurisdiction in causes Temporal is derived unto the Inferior Magistrates from the Civil Monarch in each Kingdom And that the Regiment of the Church is Regimen Monarchicum a Visible Monarchy of which the Pope is the visible Monarch therefore without all doubt it is not only less Obnoxious to Cavils and Sophisms but also more truly Orthodoxal and more Justisiable to aver and maintain that the Church and Commonwealth Christian tho happily like Man and Wife before their Intermarriage were two Bodies two contradistinct Societies but being once Incorporated by mutual and reciprocal Wedlock do become one Body one Society endowed with several Powers and several Perfections newly acquired by such Intermarriage wherewith she was not endowed before her Intermarriage and so consequently the Powers of the Church do escheat into that of the Commonwealth whensoever it becomes Christian whereof the Pastors and Teachers are special Members and Officers according to their Commission but for no other ends nor purposes above the Laity though the Authors of these Positions do fully acknowledg that the Person of the Supream Magistrate must and ought to be exempted as to any outward effects of the Power of Excommunication Yet these Positions are subject unto so many nice and School distinctions that it is much to be feared that perverse and subtle wits would strongly Combate with us with our own Weapons and find or make a way to render the Power of the Magistrate only serviceable unto the Power or Interest of the Clergy Do but a little consider how subtelty Bellarmine in his tract against Gerson of Excommunication doth endeavour to erect and prove Regimen Ecclesiasticum to be Monarchicum upon the like fundamental right f. 4.142 whilst he affirms that the holy Church is not like to the Commonwealth of Venice or of Geneva or of other Cities which confer upon their Dukes and Princes that Power which themselves please in regard whereof it may be said that the Commonwealth is above the Prince neither yet is it like to an earthly Kingdom in which the People transfer their own Authority unto the Monarch and in certain Cases may free themselves from Royal Dominion and reduce themselves to the Government of Inferior Magistrates as did the Romans when they changed from Dominion Royal to Consular Government for the Church of Christ is a most perfect Kingdome and an absolute Monarchy which hath no dependance on the People neither from them had its Original but dependeth only upon the Divine Will and that this Kingdom doth not depend on Men Christ sheweth when he saith you chose not me but I chose you 15 John 16. thou hast made us unto our God Kings and Priests and we shall Reign on the Earth 5. Apoc. 10. And this is the cause why this Kingdom is in the Scripture resembled to a Family who then is a faithful and wise Servant whom his Lord hath made Ruler over his Houshold 24. Matth. 25. Because the Father of the Family doth not depend on the Family neither from them hath his Authority So by consequence the Vicar general of Christ doth not depend on the Church but only on Christ from whom he hath his Authority and doth affirm that Christ doth declare that a Bishop in his particular Church and the Pope in the Church Vniversal is as it were a high Steward in Gods Family quis enim fidelis dispensator et prudens 12 Luke 42. and hath Power over the Family and not the Family over him contra-Gers Yet by the leave of so great a Prelate St. Cyprian tho no Cardinal yet of greater reputation saith that the practise of those times which were freest from Corruption even when the Holy Martyrs were Bishops was that Pastors were subject to the Censures of the Church And lib. 1. c. 4. giveth an express Testimony where speaking of the People he saith Quando ipsa plebs maxime habeat potestatem vel eligendi dignos sacerdotes
but with great and exquisite Judgment the which wanting Power only takes no effect The Canonists themselves say That the Power of Binding and Loosing is intended by a Key not erring and Pope Leo expresly affirmeth it in a Canon speaking of this Priviledge given by St. Peter Manet ergo Petri privilegium ubicunque ex ipsius fertur aequitate Judicium nec nimia est vel severitas vel remissio ubi nihil erit ligatum vel solutum nisi quod Beatus Petrus solverit aut ligaverit 24. q. 1. c. Manet § Of old the Holy Bishops did preach and teach Princes that they having two Callings the one of Christians the other of Princes were bound in both of them to serve God as Christians in observing the Divine Precepts as every other private Person but as Princes to serve God by ordaining just and good Laws and directing their Subjects to Piety Honesty and Justice by having his Eyes on the Faithful of the Land that they that excel in Vertue and Piety may dwell with him by not countenancing wicked Persons by erecting publick Places of Worship and as much as in them lyeth by chalking out a High-way of Holiness throughout their Dominions by their Good and Pious Example that way-faring Men though Fools might not erre therein by punishing all such as transgress Gods Commandments especially those of the Decalogue wherein those that sin against the first Table which more immediately concern the Divine Honour are worse than those that sin against the Second which concern Justice amongst Men Wherefore Kings are more bound to punish Blasphemies Heresies and Perjuries than Murders and Thefts For this cause were divers Laws made against such Crimes as are Registred in the Justinian and Theodosian Codes imposing on the guilty Pecuniary Mulcts Banishment Privation of Part or of all their Goods according to the Circumstances of the Offence the execution of which Laws are committed to their Secular Officers And accordingly this our Kingdom from its Original of being Christian hath been accustomed to sentence and punish in case of grievous offence any Person Ecclesiastical of what Degree or Order soever by which means it hath hitherto preserved the Ancient and Independent Liberty of its true Dominion and Empire § Every Criminal Judgment hath three parts 1. For Example Criminal Judgment hath three parts The Cognisance of the Cause 2. The Cognisance of the Fact 3. The Sentence 1. For Example In the Judgment of Heresie or the Cognisance of the Reason is whether such an Opinion be Heretical or no 2. The Cognisance of the Fact is whether the Person so accused or denounced hath defended or held the same 3. The Sentence consisteth either of Absolving or Condemning The first Cognisance what Opinion was Heretical was mostly Ecclesiastical but not absolutely exclusive of Secular Learned Men appointed by the Emperors And when there grew any difficulty of some Opinion the Emperor did require the Judgment of Bishops and if need were did call Councils For the Cognisance of the Fact whether the accused Person were Innocent or Guilty that he might have the punishment ordained by the Laws of the Emperor and the Sentence of Condemnation or Absolution did all belong to the Secular Power Thus were matters ordered for Causes of Heresie c. in the Church under the Roman Empire until about 800 Years after Christ when the Eastern Empire being divided from the Western this Form rested in the Eastern till the end of it In the Western the Princes needed not make any Laws nor take much care about this Business seeing for the space of 300 Years from 800 to 1100 there were very few Hereticks found in those Parts and when any Case did happen which chanced but very seldom the Bishop did judge of it in the same manner as he proceeded against Ecclesiastical Persons as against Infringers of Holy-days Breakers of Fasts and such like judging and punishing them themselves in those Places where they had Jurisdiction granted them by the Princes and where they had not the like Power they did implore the Secular Aid to punish them After the Year 1100. by reason of the continual differences which for about fifty Years before had been between the Emperors and Popes and lasted afterwards for a whole Age until about 1200 Years with frequent Jars and Wars and the wicked life of the then Clergy there did arise an infinite number of Hereticks as the Papists are pleased to call them whose most common Heresies were against the Popes Authority and where the Multitude of them exceeded there was a forced Toleration About this time of the day Pope Innocent the fourth subtilly designed by introducing the Inquisition Inquisition more Authoritatively to deprive the Civil Magistrates of their Rights over Causes and Persons Ecclesiastical to whose Judgment was committed the punishment of Heresie c. by the Ancient Laws of the Empire and by the Laws of Frederick the second and by particular Statutes which each City was forced to make for the preservation of their own indubitable and independent Right of Governing Ecclesiastical Causes and Persons according to their great Charter from Heaven But the Pope sinding great opposition from all Places he offered one Expedient which in shew made the Civil Magistrate the Inquisitors Companion but in Substance and Effect his Lacquey This Opposition grew so strong and was so universal that the Pope could not introduce his Tribunals Inquisitory except it were in the Provinces of Lombardy Romania and Marca Trevisana nor in them neither for all his Bulls and severe Edicts as he desired no nor yet as he did without great reluctancy and opposition from the Civil Magistrates though in those three Provinces his Authority was very great they having no Prince and each City governing it self and where the Pope also had a part because he had assisted them in their late Wars And although the said Frederick Anno 1244. set forth four Proclamations receiving the Fathers Inquisitors into his protection and imposing the Penalty of Fire the first Law that imposed death upon obstinate Hereticks for which kindness and assistance of his he was admirably well requited by the same Pope who first excommunicated and then deposed him and as Hier-Marius reports corrupted one to poison him which not taking effect corrupted another to strangle him so that Alexander the fourth his Successor Anno 1259. and Clement the fourth 1265. were constrained to moderate the Edicts of Innocent the fourth And four other succeeding Popes employed themselves in overcoming the difficulties which thwarted them in setling the Inquisition After some moderation it being setled in those three Provinces it afterwards crept into Tuscany and so into Arragon and into some Cities of Germany and France out of which it was soon exiled and in Arragon they were reduced to a very small number Into the Kingdom of Naples it was not brought there being little correspondence between the Popes and the Kings thereof In the
Bellarmine doth this Proposition viz. that the Pope may judge of all sins they are forced to except the greater part of particular sins Besides a Prince may sin by breaking his own Laws as the same St. Thomas proves 1.2 quaest 96. Art 5. yet of this sin he cannot be judged of any but God alone as Cajetane in that place declareth shewing that in foro Poenitentiae and in the sight of God is all one in sence Certes to affirm that a Prince transgressing his own Laws should be therein subject to the Censures of the Pope were wholly to take away the Power and Authority of Princes And to affirm that he should be subject to them in other Crimes and not in that were to overthrow the very ground of the reason presupposed in that infamous Chapter Novit Moreover it is very necessary well to observe the very words of Innocent the Third Intendimus decernere de peccato cujus ad nos pertinet sine dubitatione Censura quam in quemlibet exercere possumus debemus And a little after Ad officium nostrum spectat de quocunque peccato mortali corripere quemlibet Christianum which Bellarmine Translates le tutti di Principi del mundo All the Princes of the World by which it is plain he had more than an ordinary Pique at Kings and Princes Now if he be bound by the duty of his place quia potestas nostra non est ex homine sed ex Deo to denounce censures against every mortal sin and against every Christian so offending surely if he do it not he sins and endangers damnation to himself And yet we do not find that the Pope sends out any Censures against the Curtizans the Concubines of Priests and profest Harlots who yet abide and persist notoriously in their sins Besides if by quemlibet Christianum be understood all the Princes of the World as Bellarmine hath rendred it it belongs to him to Excommunicate the Turk the King of Persia the Tartar cum multis aliis And St. Peter's Successor must accuse St. Paul of false Doctrine who said 1 Cor. 1.5.12 quid mihi de his qui foris sunt judicare what have I to do to Judge them that are without § I have insisted the longer on this Chapter Novit because it was designed purposely under pretence of favor to make an Ass of England and her King it being made use of to that very end and also against the French King as appears by the Story And trow you Contrives she not Complots she not at this very day to make England once more to carry the Saddle If ever the like Fate betides us or if ever it be again the Stile of England I cannot say less than Not the Pope only but the Devil rides us § His next recourse is unto another Buckram Decretal Extravagant Vnam Sanctam examined rightly stiled Extravagant called unam Sanctam I must confess I could wish that before he had made any use thereof that he had first reconciled it with another of Pope Clement the Fifth who succeeded him not long after which begins thus Meruit de privilegiis cap. 2. extravag com where Clement saith that he determineth and declareth that by the said Extravagant Vnam Sanctam Meruit charissimi filil nostri Philippi Regis Francorum Illustris sincerae affectionis ad nos Ecclesiam Rom. integritas progenitorum suorum praeclara merita meruerunt Meruit insuper Regnicolarum puritas ac devotionis sinceritas ut tam regem quam regnum favore benevolo prosequamur Hinc est quod nos Regi Regno per definitionem declaration●m banae memoriae Bonisacii Papae Octavi Praedecessoris viri quae incipit Unam Sanctam Nullum volumus vel Intendimus praejudicium generari nec quo id per illam Rex Regnum Regnicolae praelibati amplius Ecclesiae sint subjecti Romanae quam antea existebant sed omnia intelligantur in eodem esse statu quo erant ante definitionem praefaram tam quantum ad Ecclesiam quam etiam ad Regem Regnum Regnieolas superius nominatos there shall be no prejudice or injury done to the King and Kingdom of France nor that the said King and Kingdom shall be any more or otherwise subject to the Church of Rome than they were before but that all things shall continue in the State they were in before that Extravagant Now it had not been unworthy so great an Ecclesiastick as my Lord Cardinal Bellarmine was to have dealt so ingenuously as to have declared whether Boniface in this Extravagant Vnam Sanctam did make a Declaration of Jus Divinum in this point i.e. expound and declare that Jurisdiction which the Pope hath de Jure Divino over Princes or whether he did thereby impose a new subjection over Princes in some matters wherein God had not made them subject before unto the Popes Be it which His Eminency pleaseth it will avail him nought if Boniface meant the latter then it was an Innovation after the year 1294. A meer Extravagant after English Construction a void Decree an Vsurpation an Incroachment and an abuse of the Power given them by God by enlarging it beyond its just bounds Besides by what reason Scriptural or other could Clement declare or mean that France alone should be exempted from that Extravagant and not all other Princes and Kingdoms Neither was it a matter or favor to be yielded as in recompence of the good deserts of that King and Kingdom but a thing due unto them of right and Justice Now if Boniface intended it as a Declaration of Jus Divinum it were worthy our knowledge to know by what right Clement could free the King and Kingdom of France from that subjection which God had appointed them unto the case being very clear according to their own Doctrine that the Pope cannot exempt any man from his own Power and Jurisdiction which he holds de Jure Divino so it undeniably follows that if Boniface were in the right Clement was in the wrong and è contra Pope against Pope no news at all Besides that which Boniface saith in that Extravagant viz. si deviat terrena potestas judicabitur à potestate spirituali that the Authority Temporal when it erreth ought to be corrected and rectified by the Spiritual be a Declaration of the Law of God yet then according to as wise honest and learned of your own Fraternity as ever writ in your defence it ought to be understood only for so much as concerns the Salvation of their Souls and that only in foro Dei and Abstract from all Temporal Power of that kind which the Lawyers term Coactive and that all the Ecclesiastical Power over Princes is therefore only Spiritual And herein we shall not need to have recourse to Signior Papa our Lord the Pope for that this kind of Authority is in every Bishop and Priest how Heretical soever it be esteemed by some
neighbouring Villages and indeed throughout al Palestine The Persecution increasing 19 Tiberii Paul himself being as it were Signiser or Inquisitor Haereticorum great cruelty being used towards the Christians caused the Apostles and some of their Disciples to dispose of themselves into neighbouring Nations whereby the great wisdom and counsel of God was eminent that thereby the propagation of the Gospel became more universally spread yet so that some of the Apostles were always at Jerusalem as the principal Seat of the Church of Christ always ready to confirm and strengthen the Brethren under their Persecutions and though they made often excursions from Jerusalem into other Regions yet they many times returned thither again Paul himself returned thither five times after his conversion from whence he was carried prisoner to Rome where though detained two years a prisoner yet preached the Gospel even then and there All this while no footsteps of any Dependency that any one Church throughout all Palaestine or the Regions round about had of another Communications and Advisoes reciprocal there might be between the gathered Churches far and near but no dependencies obligatory upon one another Soon after Christs ascention the Gospel was preached by the Apostles to al Nations both in Asia Africa and Europe and in the mediteranean Islands as Cyprus Crete Samothracia and in the Aegean Sea Lesbon Chion Samon Trogyllium Pathmos Sicily Melita Though there were thousands of Churches gathered by the Apostles yet there are no footsteps remaining that the Churches gathered by any one Apostle were subject or did depend on any one or more Churches gathered by any other or more Apostles The like I may say after the death of the Apostles that no one Church by what Apostle soever gathered was left subject to any other Church gathered by any other Apostle no nor yet subject to any Church of their own converting and gathering but every Church was to be governed by its own peculiar Body observing Gospel precepts viz. to love one another and to do all things in decency and in order c. How and when the Supremacy of the Clergy came in Histories are ful and plain and would have been yet more ful and plain had but our Holy Fathers Inquisitors been as Innocent as Doves as they were cursedly wise as was that Divelish Serpent that beguiled Eve whilst they have scarce left us a Father or Monument of Antiquity whose very bowels they have not raked out and yet still retain that Hellish and daring Impudence to persevere in that embowelling trade and yet every hedge Priest to boast that All they cannot speak less than all the Fathers are on their side though their very Hearts and Intrals had they not been raked out by such unreasonable and cruel hands would have born witness against them and for us § By all which it appears that the Summ and meaning of the visible Church and of the Government thereof upon Earth lies in a very narrow room and is very plain and obvious to every understanding though Ecclesiastick's of all perswasions have by perverting plain truths and texts rendred them as obscure as they could that they might not appear clear unto poor Laick's And which aggravates the more we find by woful experience that as of old so now they still are very well content and pleased that we should yet be kept on in an amaze and Laberinth and to know no more of Church and Church-Government then what will stand with the grandeur benefit and domination of Ecclesiastick's only and still continuing blinded in extreme ignorance We should have them only in admiration as if Gods and Oracles indeed Bellarmine in his tract against Gerson magnifying the Popes Power above the Skies saith and saith truly that the holy Church is not like the Common-wealth of Venice or of Geneva La christ Santa non è simil● a●la Rep. di Ven●tia c. p. 318. or of other Cities which confer upon their Dukes that Power which themselves please in regard whereof it must be said that the Common-wealth is above the Prince neither is it like to an earthly Kingdom in which the People transfer their own Authority unto the Monarch and in certain cases may free themselves from Royal Dominion and reduce themselves to the Government of inferior Majestrates as did the Romans when they passed from Dominion Royal to Consular-Government for that the Church of Christ is a most perfect Kingdom and an absolute Monarchy which hath no dependance on the People neither from them had its Original but dependeth only on the Divine Will which Christ sheweth when he saith ye have not chosen me but I have chosen you 15. John 16. Luke 32.33 2. Psal 6. but what strange Blasphemous Conclusions he hath drawn out of these premises and texts which relate only to Christ himself by applying them to his Vicar General I will not in this place concern my self at all The position it self is thus far true that the Church is not a Common-wealth as Venice much less a Kingdom as England which hath a Blood Royal and Kings succeed by Birth nor as some other Kingdomes by Testament which hapily may change the Government because the Church which is Christs Body hath Christ for its perpetual and immortal Head and King who whilst Man in the daies of his flesh first made the Body the Church and not the Body him the Head thereof governed it both visibly and invisibly invisibly by influencing his Body and conferring Gifts and Graces upon men fit for his Body the Church now touching this inward and merely Spiritual Government it is not like unto any Government no Prince Pope or Prelate having any such Government at all but only Christ who knoweth the hearts of all men which are deceitful above all things and can only influence them and can confer Gifts and Graces upon them whereby they are made and may become free Denizens of the Heavenly Jerusalem And because Christ was always to have his Body the Church on earth even unto the end of the world to be composed of visible Men and Members and not of one visible Man the Pope as the same Bellarmine and others would make us believe he hath appointed the Authority which his Body should have after his Ascention with promise that he would be with them unto the end of the world and therefore he set some in the Church as Apostles Prophets Teachers and after that Miracles then Gifts of Healing Helps in Government Diversities of Tongues 1 Cor. 12.28 Some of which as Miracles Diversities of Tongues and Gifts of Healing died and ceased with the Apostles who only were extraordinarily and Infallibly Gifted and inspired as necessary only for the first planting of the Gospel Therefore when Christ Ascended on high he gave Gifts unto Men 68. Psal 18.4 Eph. 8. yet diversly and in divers Measures and according to his Promise John 14.26 Sent the Holy Ghost the Comforter amongst them which should
perfectly 18 Acts 24 25 26. For he knew only the Baptism of John So that it is possible that some Doctrines and some Truths may be revealed or revealed more perfectly to Auditors and sitters by than to the Priests themselves tho qualified as Apollos was besides the practice of former times even in the days of the Apostles and times of persecution nothing more common witness 20 John 19.26 Then the same day at Evening being the first day of the week when the doors were shut ergo private when the Disciples were assembled for fear of the Jews c. And after 8 days again his Disciples were within and Thomas with them then came Jesus the doors being shut c. V. 26. The Rulers of the Jews being offended at Peters Sermon for that thousands were converted thereat did imprison him and John and commanded them to preach no more in that Name adding also threatnings but Peter and John boldly answered whether it be right in the sight of God to hearken unto you more than unto God judg ye for we cannot but speak the things we have heard and seen whereupon they being farther threatned and let go they did not desist but went to their own company and having prayed the place was shaken where they were assembled together and they were all filled with the Holy Ghost and they spake the Word of God with boldness 4 Acts 1.2.17.19.20.23.31 And it came to pass that a whol year they assembled themselves with the Church and taught much People 11. Acts 26. K. Herod having persecuted the Christians killed James and imprisoned Peter whom an Angel delivered on the prayers of the Church assembled in the House of Mary the Mother of John where many were gathered together praying 12. Acts 2.3.12 Upon the first day of the week when the Disciples came together to break bread Paul preached unto them continuing his speech until Midnight there being many lights in the upper Chamber whereby it is apparent that Paul did not only teach publickly in the Temple but also from House to House not ceasing to warn every one night and day with tears 20 Acts. 7.8.20.31 Paul having escaped shipwrack and being upon Melita many came to him unto his Lodging to whom he expounded and testified the Kingdom of God c. and Paul dwelt two whol years in his own hired house and received all that came in unto him preaching the Kingdom of God and teaching those things which concern the Lord Jesus Christ with all confidence no man forbidding him 28. Acts 1.23.30.31 The application is easie and obvious without a Comment times of persecution can be no objection here nor alter the case if lawful then under Perscutors and Enemies of the Gospel nay a duty injoyned certainly much more lawful now under the Nursing Fathers and Mothers of the Church Reasons of State only can have room here either pro or con Conventicles of such nature being so far from being against Scripture that they are warranted thereby both by Precept and Example of Christ and his Apostles and of the most pure and primitive times which may be a Document at least and caution to all in Authority that they do not hand over head and without due consideration suppress all Conventicles promiscuously as if Conventicles and Schism and Conspiracy were termini convertibiles least by mistake or inadvertency they act over again the Priests of old the Captain of the Temple and the Sadduces or those lewd fellows of the baser sort who upon such like occasions being grieved that the Apostles taught the People and preached through Jesus the resurrection of the dead accusing them for turning the world upside down by acting contrary to the decrees of Caesar came upon them laid hands on them put them in prison and commanded them not to speak at all nor teach in the Name of Jesus But Peter filled with the Holy Ghost and John answered them boldly saying whether it be right in the sight of God to hearken unto you more than unto God judg ye 4. Acts 18.19 And being let go no fault having been found in them for so congregating and so preaching they went to their own Company and after report made of all that the Chief Priests and Elders had said unto them they lift up their voices with one accord and applied and said with David Why did the Heathen rage and the People imagine vain things the Kings of the Earth stood up and the Rulers were gathered together against the Lord and against his Christ V. 25.26 When many signs and wonders were wrought among the People by the Apostles few men daring to joyn themselves to them the temper and complexion of many in these our days I doubt but the People magnified them the High Priest with his Sect of Sadduces being filled with indignation imprisoned them whom the Angel of the Lord delivered miraculously by night the doors being shut with command to stand and speak in the Temple to the People all the words of this life and they were sound so teaching when by the command of the High Priest that the Captain of the Temple with his Officers seized them in the Temple and brought them without violence for they feared the People least they should have been stoned before the Council who tho cut to the heart at the stout and resolute answers and deportment of the Apostles yet waved the counsel given to slay them and followed the advice of Gamaliel a Pharisee a Doctor of Law had in reputation among all the People who cautioned them to take heed what they did to these Men invited thereunto by the example of Theudas and Judas of Galilee who advised to refrain from these Men and let them alone upon this grand reason because if this counsel or this work be of Men it will come to nought but if it be of God ye cannot overthrow it least happily ye be found even to fight against God to whom they all agreed yet not without beating and commanding them that they should not speak in the Name of Jesus and yet they ceased not to teach and preach Jesus Christ in the Temple and in every House 5. Acts 12.42 When Christ was ascending up to Jerusalem and being come even at the descent of the Mount of Olives the whole multitude of Disciples rejoyced and praised God with a loud voice for all the mighty works that they had seen whereat the Pharisees being offended said Master rebuke thy Disciples but instead of silencing them he rebuked the Pharisees and said unto them I tell you that if these should hold their peace the stones would immediately cry out 19. Luke 37.40 If our Separatists our Schismaticks falsly so miscalled do so assemble contrary to Decrees of Caesar yet it is not without strict Precepts and great Examples of Christ the Lord Paramount and of his Apostles If Paul that great Apostle 1. Rom. 11.12 did long to see the Romans that he might be comforted together with
not the most antient § With all wise and sober-minded persons Custome and Usage obtaineth that reverence and esteem as to yield a just ground for deliberation before it be altered or abrogated though not of absolute direction and adherency All Constitutions and ordinances concern the Church or State be they never so pure in their first institution may corrupt and degenerate and why the Civil State should be purged and reformed by new Laws devising remedies as fast as times breed and discover inconveniences and mischiefs And the Ecclesiastical State of this or that Kingdom should still continue on its lees or dreggs without refining or purifying by new Canons and Constitutions is beyond the comprehension of all sober minds and reason H. Grotius makes this observation on the 2 Kings 18.14 He removed the High places and brake the Images cut down the Groves and brake in pieces the Brazen Serpent that Moses had made Nota quem secerat Moses Egregium Regibus documentum ut quamvis bene instituta sed non necessaria ubi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 male usurpanturè conspectu tollant ne parant offendiculum caecis This H. Grotius notes as an excellent document for Kings that things never so well never so lawfully instituted as the Brazen Serpent was by Moses himself if not necessary and grow to be abused ought to be taken away as King Hezekiah did the Serpent least they prove a Snare and an offence unto the weaker Brethren Moreover if an absolute necessity be laid upon all men to subscribe and conform to the present established Religion and Worship by the very self same reason the next year he may be obliged to subscribe and conform to the contrary and so unto all Religions in the world successively § As a perverse and a morose retaining of Customes and Usages may be as prejudicial to right Reformation as Innovations so to remove Abuses nay Customs or Rights that may be spared without prejudice unto true Worship and the Doctrine of Faith doth not impeach good Orders nor lawful Authority but ratify and establish them Gods Church is compared to a Vineyard and a good Husband who is ever pruning therein not unseasonably not unskilfully but lightly and prudently he findeth ever somewhat to do If men were peaceably minded methinks it were not hard to agree in this That every Church be it of England France Sweden c. do that which is convenient for the State of it self and of the Common-wealth The antient and true bounds of Unity being one Faith one Baptism and not one Ceremony one Policy suppose another were a better form yet not always that which is best but of good things that which is best and may be had with least prejudice is to be embraced Our Church is not now to plant it is settled and established In Civil States suppose a Republick in the opinion of some to be a better policy than a Kingdom yet God forbid that lawful Kingdoms should be obliged to innovate and make alterations as often as men given to change desire or plead for it Gods Providence is to be consulted as well as his Word There are Schismatical Customs as well as Schismatical Doctrines and Opinions So as the Civil Magistrate take care that the general Rules be observed viz. That Christs Flock be duly fed that there be authentick Ordination a Succession in Bishops and Ministers that there be a due and reverend use of the Keys a due Administration of the Sacraments that those that preach the Gospel do live by the Gospel that all things tend to Edification and that all things be done in order and with decency the rest may be left to the discretion and prudence of inferiour Labourers and we ought to acquiesce The President of that City is very severe which permitteth none to propound new Laws that had not a cord about their Necks ready for vengeance if it were found unprofitable but by their leaves all Innovations are not to be rejected for divine Plato teacheth us in all Common-wealths on just grounds there ought to be some changes and that States-men therein ought to imitate skilful Musicians Qui artem Musices non mutant sed Musices modum And it is not unworthy our observation that even evil forms of Policy have been sometimes well ordered and rectified by good Governours and Commanders and so the State of Boetia flourished once under Epaminondas and Pelopidas and yet it owed this Prosperity not to the Government of the City for that was ill constituted but to the Governours for they were wise and virtuous The contrary also happened to Lacedemon for that fared ill sometimes and suffered much distempers because though its fundamental Laws were good yet its Kings and Ephori were many times tyrannous and unjust § More particularly the Congregational Government though ab initio it were in use and may be again if the National Church thought it convenient And I do not know but that it will suit now with any Government as well as when Christ did institute it but the truth is it hath been quite of date and doors as they would now set it up ever since whole Cities Commonwealths and Kingdoms became Christian and have been mutually incorporated and interwoven one with the other however the Doctrine and Tenet thereof is as sound and as practicable now as ever The Arguments which the Independents bring to prove the consistency of their Congregational way with our Kingly and Civil Government are only prudential and probable which I shall not go about to contradict or examin but exmantissa grant not only their Consistency with our Government but that also the Civil Magistrates may so govern if they please they submitting to Indubitable Ordination as I take Episcopal to be for it is not sit that any Ordinance so very essential to the very making and perpetuating of a Gospel Ministry should be left upon a Moot point as it would be if either Presbyterian or Independent Ordination should take place But then I hope the Congregational men will be as ingenuous and confess that the Ecclesiastical Discipline and Government already established is as consistent with our Civil Laws and Government and that the legislative power may continue the same Government or alter it to any other form so it be of force to suppress Vice and to maintain true Faith and Religion even to that Gallintaufrey Platform establishing Presbytery which is but a minced or cantonized Papacy in point of Rule and Domination by order and ordinance of that demy-parliament 29. August 1648. which hath no good foundation in Scripture no ground in Reason no Authority beyond Jo. Calvin to make it good But Christian Common-wealths and Civil Magistrates may establish what Government so qualified they please the thing I contend for It s true that the Priests of divers perswasions will highly caress Majesty in words But if the Civil Magistrate offer to impose but a Cap a Surplice a cross in
smiting their Bodies separating them from the People and chasing them from the place pulling off the hair and taking an Oath of them by God not to commit the like do plainly shew the Civil Use of the Sword in the Princes hands not the spiritual force of the Word in the Priests Mouth and therefore the one can be no Argument nor President for the other § Unto me the most Natural and Genuine Sence of Mat. 18.15 22. seems to import The proper sence of Mat. 18.15 22. that Christ well knowing that his Apostles and Disciples which were to survive him and whom he intended to Commissionate to Teach and Baptize all Nations and to gather a People unto himself by declaring the Mind and Will of his Father by preaching his Gospel and that out of the very bosom and bowels of Kingdoms and Commonwealths which then were and also likely so to continue for many Generations then to come prophane and sworn Adversaries to his Gospel and unto the Preachers and Embracers thereof and consequently would be in as great dangers and Troubles as Sheep among Wolves and therefore his all-seeing Wisdom thought fit to prescribe them such a Government and Discipline which they might exercise among themselves in much peace and quietness suitable to the Gospel of Peace and without any noise or disturbance to the Magistrates or Subjects of any Nation or Kingdom or to the Government thereof how wicked or adverse soever they should be to Christ and his Kingdom and therefore here he prescribes them some Rules more particularly relating unto private Offences which must needs be whilst men are men If thy Brother shall trespass against thee c. 18. v. 15 c. The Party grieved must be Man not God If thy Brother trespass against thee not against God reprove him The first Admonition must be secret and friendly as between Brother and Brother between thee and him alone Again if the wrong-doer repent himself the Sufferer must forgive him and not seven times only but seventy times seven v. 21 22. and elsewhere viz. Luke 17.3 4. This together with the Lords Prayer teacheth us to forgive the Sins that are committed against our selves but we have here no directions nor power to remit other mens sins and harms much less to remit and pardon the Injuries offered unto God 2. If he repent not we must yet give him a second Admonition with one or two witnesses before we tell it to the Church and if he then repent we must then also forgive These be no Precepts for open and notorious sins dishonouring God and scandalizing his Church for such the Rule is given 1 Tim. 5.20 Those that sin rebuke openly that the rest may fear but for private Trespasses between man and man This is no Judicial proceeding in Episcopal Audience in the Conclave or Consistory but a charitable warning in secret by him alone that is grieved and oppressed with wrong or reproach This is a general Duty binding every Christian and not a special Authority to Popes and Presbyters There is no Command that the open and scandalous Sinners should be reproved in secret or twice admonished before they be censured by the Church The incestuous Corinth had neither private nor double warning before he was delivered to Sathan by the Church according to St. Paul's Advice Though Christ declined intermedling with the Judicial part of ending Controversies and differences between man and man yet he prescribes them Rules to compose them themselves 1. By private admonition of the Party grieved 2. By admonition of two or three of the Brethren of the Church 3. If they prevail not then to communicate the wrong done to the Church i.e. to the whole Congregations of Believers whereof both Parties are members and not to the Pope or Priest whereof not one plain Syllable in the Text so that not only by the mouth of two or three witnesses only but also by the testimony and admonition of many even of the whole congregated Church every word may be established that by such publick reproof the wrong-doer might be brought to repentance and amendment 4. If he neglect all private and publick admonition then let him be to thee as a Heathen-man and a Publican i.e. do not own him to be of your Congregation but pursue and prosecute and implead him as thou wouldst do an Ethnick or Publican or any one that is not of the Christian Church and Congregation in any of the Courts of Judicature of that City and Kingdom wherein they live Christ for the Honour and Glory of his Gospel would have none of his to be wrong-doers or be given to strifes and debates or to go to Law before the unbelievers as it is in 1 Cor. 6.1 2 8. If ye have Judgment saith he for things pertaining to this life what then Tell the Pope and his Cardinals nothing less but set them to judge who are least esteemed in the Church in which Rank I dare not place either Pope or Presbyter lest they bring their Action of Scandalum Magnatum for my so doing and make them Judges of your Causes and Quarrels where by the way it is observable that the Word Church in this place also doth not signifie the Pope nor yet the Presbyters only but the whole congregated Church the Sequel will clear it Is it so that there is not a wise man among you no not one that shall be able to judge between his Brethren but Brother goeth to Law with Brother and that before the unbelievers v. 5.6 Where the words Brethren a Wise man not one Vnbelievers are general and indesinite Terms and not limited to Ecclesiastics Then certainly Christ never meant that the Members of his Church should for private Trespasses complain to the Pope or his Parish-Priests and that they should have power sufficient to hear and determine all such Matters as were so offered unto them and to excommunicate those that would not stand unto their Sentence and Determination that would have been an Infringement and incroachment on the Magistrates Office for the Matters of Complaint are of that Nature that the Ministers of Christ might not challenge to hear and determine they were forbid it Man who made me a Judge or Divider over you Luke 12.13 14. And as his Father sent him so sent he them John 20.21 and consequently did belong to the Civil Magistrate Besides neither in Mat. 18. nor yet in 1 Cor. 6. the Word Church whether thereby should be meant Jewish or Christian can possibly signisie the Priests of either or at least not exclusive the Laity whatever the scope and drift of these two places are it cannot be to Authorize the Clergy to intermeddle with matters pertaining to the Magistrate and to exclude those from the Society and Communion of the Saints and Sacraments that obey not their resolution If Excommunication or Binding or loosing be to be proved out of Mat. 18. as the Papalins and Presbyters would have it yet it is
Year 1484. the King of Spain admitted it into his Dominions yet so cautionate and jealous was he as he reserved himself to be Lord paramount thereof of choosing the Inquisitor General whom the Pope confirms And for the rest the Court of Rome was not admitted to intermeddle any farther so that though the King seemed willing to gratifie the See Apostolick yet did he reserve his Supremacy of Power over all Causes and Persons Ecclesiastical to himself and so doth the State of Venice by their Coadjutors and Inspectors of the Tribunals Inquisitory In which Republick the Inquisition doth not depend on the Court of Rome but properly belongs to the Republick Independent set up and constituted by the same and established by contract and agreement with Pope Nicholas the fourth prout in his Bull of 28. Aug. 1289. wherein is inserted the very determination of the greater Council made the fourth of the same Month. And therefore as they ought are to be governed by their own Customs and Ordinances without being obliged to receive Orders from the Pope And indeed before the admittance of the Inquisition there was in effect the same Office though meerly Secular to which Noble-men were raised to enquire after Hereticks and this the Republick made good afterwards against the See-Apostolick in the Years 1289. 1301. 1605. 1606. and 1607. upon Disputes maintaining their Civil Authority in Ecclesiasticis to be their undoubted Right and cannot be taken away by any Bull or Decree made in any manner by any Pope to whom soever Hist. Inquisit § By all which it appears that neither Monarchs nor Free States would be juggled out of their just Right of Commanding over Persons and Causes Ecclesiastical and that those Condescentions of the Civil Magistrates were only to gratifie some Popes out of special favour to them and not for any just Right the Popes had unto them For let Pope or Presbyter pretend what they please to the contrary they do as much as in them lies endeavour to erect Regnum in Regno by giving Temporal Monarchy only an imperfect broken Right in some things but controlable and defeasible by the Spiritual Monarchy in other things And the World hath had a long and sad experience of this whilst Kings had the Popes and Presbiters their Superiors in any thing they remained Supream in nothing whilst their Rule in Popish Countries was by Division diminished in some things they found it insufficient in all things so that they did command joyntly with the Pope but were commanded wholly unless by force they extricated themselves out of their snares So Calvin and his Followers complain and grumble much at the Power that the Civil Magistrate assumes in England France and Germany over Causes and Persons Ecclesiastical holding Princes incompetent for Spiritual Regency accounting the intermedling of Princes therein as an Abolition or Prophanation of the same § But let us not doubt to submit all things under one Supream on Earth submitting and recommending him by our Prayers unto his Supream in Heaven for it is no small thing in such a Case to be left to the searching Judgment of God nor need we doubt or hold our selves utterly remediless whilst we can truly say Omne sub Regno graviore Regnum est And let us not mistake our Supream on Earth for if God had intended to have left us a Spiritual Sword or miraculous Judicatory never before known or useful to the World and that to be of perpetual necessity sans doubt he would have left us some clear command in Scripture and not have involved and mantled his meaning in Metaphors so intricate and ambiguous But to let pass this Theam of Excommunication so unpleasant to Popish and Presbyterian Ears let us examine the Magistrates Power as it relates to Religion in commanding Liturgies and concerning Toleration Compulsion and Government c. § All just Dominion and Empire is founded on true Religion and Piety i. e all Governours and Governments were ordained for the good of the Governed and they are obliged by the Law of God to govern according to Rules of Religion and Piety no Nation under Heaven having Statutes and Judgments so just and righteous as are prescribed by God himself and who act not according to them an Iliad of Curses will attend them and their Plagues shall be wonderful Deut. 28.58 It is Righteousness and Judgment that is the Establishment of Thrones A Kingdom is translated from one People to another for unrighteousness Eccles 10.8 And The King that faithfully judgeth the Poor his Throne shall be established for ever Prov. 29.14 If I am not much mistaken the necessity of a Liturgy and the warrantableness of establishing the use thereof is easily deducible nay doth naturally flow from the Charge and Right of Government which Kings have in the Government of the Church and granted unto them by their great Charter from Heaven their Command from God For Kings and all other just Governments being granted to be Custodes utriusque Tabulae it must necessarily follow that the Government of the Church is their Duty and consequently ought to be their chief Care And that they be so what need we other Proof or Argument than that through the whole Scripture Kings have been charged therewith and according to their countenancing or discountenancing Idolatry and other sins or abetting and supporting Gods true Religion or establishing or but conniving at Idolatry or other Impieties so they received from God by his Messengers the Prophets praise or dispraise reward or punishment accordingly and those of no less concern than the establishment or deprivations of their Kingdoms And it will as naturally follow that if the care of the Church be the Duty of Kings that then they both may and ought to set up and establish a publick Standard and Test within their Dominions to measure and try all Mens Religion by as to the outward profession thereof and outward conformity thereunto and to appoint and allow publick consecrated or to speak more inoffensively to all Parties seperated Places or Churches for publick Divine Worship and Service and administration of Gods Holy Sacraments and Ordinances to the frequenting of which they may make strict Laws or else how is it possible for the Magistrate to have cognisance of them and of their Religions and why else should the Magistrate be blamed for the Idolatry or other sins of his Subjects if he have no power to inspect take cognisance and to restrain from sinful practises nor yet to force unto the reading of the Law and the Prophets and the Gospel nor to the frequenting of Gods Holy Ordinances Now this Standard or Test I call a Liturgy without which or something equivalent how is it possible for Kings to give a good account to God of their Care and well-governing of the Church within their respective Dominions which Liturgy in general ought to contain so many Fundamentals of Christian Religion to the Belief of which if Christians joyn
because the Apostles Gifted and Spirited in that abundant measure as they were used no Liturgies nor stinted Forms therefore we that are neither infallible as they were nor yet have the Spirit in the same measure as they had should use none May not we rather and with much more Evidence of Reason from the Nature of the thing varied conclude the contrary to be absolutely warranted and for that very reason affirm Liturgies and stinted Forms to be much more justifiable now and rather to be used by us in these days than by them in those days Certainly if they cannot lay most undoubted claim unto the same in-being Principles and unto the same measure which was in them this their Goliah-Argument hath its Head cut off with his own Sword O! but in the Purer Times next and nearest to the days of the Apostles the Fathers who neither were Infallible nor yet had the Spirit in the same measure as the Apostles had never used them whether they did or did not use them we neither certainly know nor yet why they did or did not and if we did yet that could be no infallible demonstration for us to do just as they did without consideration had of the disferent posture of Affairs between these and those times But be it so that they did not use them what then may not a succeeding Generation sind out a necessary remedy or convenient preservative to defend the pure Worship of God from Taint and Infection of Idolatry or Superstition that a former Age two or three have not used Such kind of Negative Allegations Arguments they cannot be may induce to deliberate and consider whether sit to be appointed or used or not but can never rationally conclude that therefore we can use nothing that those Purer Times did not The Condition and Posture of Christian Affairs are now altered In the Primitive Times next unto the days of the Apostles every Pastor had care only of his own gathered Church and every Bishop with his Presbiters of this or that City and so in that respect there being then no Civil Protectors but all professed Enemies of the Gospel no need then of Liturgies though happily as lawful then though not so necessary as now when whole Kingdoms and Common-wealths are become Christian and consequently the care of their Spiritual State is become much more extensive stretching over great Kingdoms is now devolved by Divine Right on the Civil Christian Magistrate who may no doubt impose a wholesom Form of sound Words by way of Lyturgy for that without it or something equivalent to it it is not possible for a Prince to have that due inspection and oversight over his vastly-extended Flock as a Shepherd may have of his Fold in one Parish or one City § But to sum up his Discourse in as narow a compass as I can f. 22. It treats about Christs Institutions of Gospel-Worship in his publick Assemblies The chief Acts whereof he refers to three Heads 1. Preaching of the Word 2. Administration of the Sacraments 3. The Exercise of Discipline of which he says little or nothing all to be performed with Prayer and Thanksgiving For the Administration of these so far as they are purely of his Institution Christ gave Rules to his Disciples and appointed Persons 1. Pastors and Teachers for the regular Administration of them which was to be performed and executed two ways fo 12.1 Either by such Spiritual Abilities for the discharge and performance of this whole Work as will answer the Mind of Christ therein and so serve for the End proposed 2. Or by the Prescription of a Form of Words whose reading and pronuntiation in these Administrations should outwardly serve as to all the Ends of Prayer and Thanksgiving required in them which they do contain Against the second way only he disputes and argues stifly averring 1. That Christ not in any thing or by any Act of his did intimate the necessity or lawful use of any such Liturgies as these which we are inquiring after or prescribed or limited Forms of Prayer or Praises to be used or read in the publick Administration of Evangelical Institutions but made provision rendring all such Prescriptions useless and because they cannot be made use of but by rejection of the Provision by himself made unlawful Fo. 29.2 No Liturgies used or prescribed or their usefulness intimated by the Apostles nor by the Churches of their Plantation Fo. 20 21 38. It 's but reasonable to allow unto the Ministers of the Gospel that liberty in the Worship of God which was confessedly left unto them by Christ and his Apostles fo 24. and therefore unreasonable to impose Forms on others whom they undertake to inform 32. and who desire to stand fast in the Liberty with which Christ hath made them free averring That they must have a great considence in their own wisdom and sufficiency who will undertake to appoint and impose on others the observation of things in the Worship of God which neither the Lord Jesus nor his Apostles did appoint or impose 22. and withal deploring That Liturgies should be made the Hinge whereon the whole exercise of the Ministry must turn Fo. 31 40. All such Imposition being destitute of any Plea or Pretence from Scripture or Antiquity f. 31. in his 7th Ch. he declares That he doth not in especial intend the Liturgy now in use in England any farther than to make it an Instance of such imposed Liturgies whereof we treat and therefore will not at all enquire what footing it hath in the Law how nor when established nor what particular failings are pleaded to be in it nor what conformity it bears with the Roman Offices c. nor doth he oppose the directive part of this Liturgy as to the reading of the Scripture the Administration of the Ordinances by Christ appointed nor the Composition of Forms of Prayer suited to the Nature of Institutions to which they relate so they be not imposed on the Administrators of them to be read precisely as prescribed But the thing alone which he would be thought to oppose is The composing of Forms of Prayer in the Worship of God in all Gospel-Administrations to be used by the Ministers of the Churches in all publick Assemblies by a precise reading of the Words prescribed unto them with Commands for the reading of other things which they are not to omit upon the Penalty contained in the Sanction of the whole Service and the several parts of it fo 42. It is only about its Imposition and the necessity of its observance by vertue of that Imposition that he discourseth f. 44. § If the Author of this Discourse had only pursued what he here intimates in these last words and bent his Force only against the composing and imposing of Forms of Prayer c. i.e. Liturgies in general he had dealt much more candidly and saved himself and me some labour But because he seems to look one way whilst he
abominable Irreverent practices are prevented and thereby care is taken according as the Council of Milevis Can. 12. decreed Ne forte aliquid contra sidem vel per ignorantiam vel per minus studium sit compositum Lest by chance either through ignorance or want of due Study and Consideration Heterodox or unsound Tenets be Broached or unreverend practises used Moreover Calvin himself adviseth it with his Valde Probo Ep. ad Protect I do exceedingly approve of it 1º ut consulatur quorundam simplicitati imperitiae As a means to help and supply the simplicity and unskilfulness of some 2º ut certus constet Ecclesiarum omnium inter se consensus that the consent and harmony of all Churches under one Government may the better be ascertained 3º ut obviam eatur desultoriae quorundam levitati qui Novationes quasdam affectant That the Capriccious giddiness and Levity of such who like nothing but Changes and Innovations may be obviated Nay the same Calvin inforceth it farther with an Oportet statam esse oportet Sacramentorum celebrationem Publicam item precum formulam Epist Protectori There is no other remedy an established set Form there must be for Celebration of the Sacraments and also for Common Prayer which Opinion of his I doubt the Discourser doth not favour § It 's a strange Phanatick Opinion that hath long possessed the minds of some that nothing may be Lawfully done or used in the Churches of Christ unless there be express Command or Example for it in Scripture which Tenet is unsound in it self and pernicious in its consequences upon which also the great Doctors and Patrons of Liberty do graft another viz. that without some express Command from God there is no Power under Heaven which may presume by any Law to restrain the Liberty which God hath given which Opinions shake nay overthrow the very Fabrick and Foundation of all Governments and tend only to Anarchy and Confusion and to disso●●e all Families Cities Corporations Kingdoms Churches leaving every Man to the freedom of his own mind to the Quakers Light within them in such things as are not either Commanded or Prohibited by the Law of God and because only in these things the positive Precepts of Men have place which Precepts cannot possibly be given without some abridgement of their Liberty to whom they are given whereas in truth the Diametrically opposite Opinion is only Infallibly true viz. those things which the Law of God leaveth Arbitrary and at Liberty and whereof the Scriptures are silent are all subject to the positive Laws of Men which Laws for the common benefit may abridge particular Mens Liberty in such things as far as the Rules of Equity and common good will suffer If this be not sound Doctrine adieu to all Societies and all Government the World must be turned topsi turvy Of this so Poysonous root and branch I shall say no more but shall leave our Anti-Liturgists our Non-Assenters to consider if these late dayes of Liberty have not in very great part brought their own Axiomes home to themselves for as in the dayes of Yore the Non-Conformist asked our Prelates and Conformists what Command or Example in Scripture have you for kneeling at the Communion for wearing a Cap Hood Surplice For Lord Bishops or for their wearing of Lawn sleeves or of Pleated Velvet or Taffaty Hats For a Liturgy or keeping Holy-dayes so now Phanaticks Quakers and others to them where are your Lay-Presbiters your Congregational Classical Provincial Synodical and National Assemblies your Parochial and Classical Elderships c. to be found in Scripture where your Steeple Houses your National Churches your Tyths and Mortuaries your Infant Sprinklings Nay where your meeter Psalms your two Sacrantents your weekly Sabbaths nay your Ministery your Church shew us say they Command or Example for them in Scripture now seeing the one have lent the other their Premisses I shall leave them to wrangle among themselves about the Conclusion which in Sum is no other but to exchange with each other a Rowland for an Oliver Whilst one throws Stones at the Innocent Ceremonies used in the Sacraments and Church Administrations another strikes at the very Sacraments themselves whilst one Disputes against the comely Habits and reverend Titles of the Clergy the other by the same Logick Questions the very Functions of Bishops and Priesthood the one seeks to abolish the Festivals of the Saints and the other even that of the Lords-day the one would have no Churches nor Priests the other no Scriptures all which with divers others of the same Leaven are but the Spawn and Fruits of Idol-liberty so that the Dernier result must end in a sad Catastrophe Confusion disorder and every evil work Before I conclude this passant observation I will make by the way of all viz. that they are not so peremptory in demanding and peevish in insifting upon Scripture Precepts and Examples for things they like not to yield obedience unto as they are negligent in the use of other things for which there are far more plain Precepts and Example even of Christ himself and that with his own debet stampt upon them witness the Administration of the Sacrament which Christ Administred in the Evening first rising from Supper laying aside his Garments girding himself with a Towel powring Water into a Bason Washing his Disciples Feet and wiping them with a Towel wherewith he was Girded then taking his Garments and sitting down again and saying ye call me Master and Lord and ye say well for 〈◊〉 I am if I then your Lord and Master have washt your Feet ye also ought to wash one anothers Feet for I have given you an example that ye would do as I have done unto you Verily I say unto you the Servant is not greater than his Lord neither he that is sent greater then he that sent him if ye know these things happy are ye if ye do them John 13.4.5.12.17 what more plain Precept greater Example or stronger inforcements for his Successors his Ministers to do the like can ye have and yet how little of this is performed by them is not unknown to any Greet one another with a Holy Kiss is a Precept likewise Apostolical 1 Pet. 5.14 and was in Customary use before their approaching the Lords Table until the dayes of Justine Martyr Apoll. 2 and Tertullian blames the Omission of that Right grown upon the Church in times of the Solemn Fastings and Prayers Then they withdrew that Osculum pacis when in his Judgment it was most convenient and necessary de Oratione When Widdows are to be chosen for the Service of the Church this Qualification is required She must be one that had Washed the Saints Feet 1 Tim. 5.10 and our Saviour by his Precept and Example Commends to his Disciples Washing each others Feet John 13.14 15. may not much of the like nature be said for the disuse of Anoynting Love Feasts c. but I forbear