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A49800 Politica sacra & civilis, or, A model of civil and ecclesiastical government wherein, besides the positive doctrine concerning state and church in general, are debated the principal controversies of the times concerning the constitution of the state and Church of England, tending to righteousness, truth, and peace / by George Lawson ... Lawson, George, d. 1678. 1689 (1689) Wing L711; ESTC R6996 214,893 484

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upon them spiritual power 5. But the greatest Usurper is the Pope who usurpeth a power both intensively and extensively far greater than is due section 5 As the Power may be acquired so it may be lost For 1. When a Church is so far decayed as not to be able to exercise an independant jurisdiction or order as their association so their power is so much abated 2. When a Church doth wholly cease to be a Church then their power is wholly lost Yet when it 's hindred either by the Magistrate or by schisms and rents in it self so that it cannot exercise it yet it 's vertually in them And many times such is the neglect of Christians that they will not associate nor reduce themselves into Order when they might do it this is a great sin 3. When Representatives turn into a faction and betray their trust they lose their power as Representatives 4. All Officers are divested when for some just cause they are deposed or degraded but this belongs not to this part CHAP. VIII Of the disposition of Power Civil and the several forms of Government section 1 AFter the acquisition both of Civil and Ecclesiastical power follows the disposition of both which will take up a great part of this first Book And 1. Of the manner of disposing Civil Power This Disposition seems to be the same with acquisition because it cannot be acquired but by a certain subject neither can it be said properly to be actually acquired but at the very same time and by this very Act it 's placed in that subject Yet because Power Civil may be so communicated and acquired that it may be disposed of several ways and from these several ways of disposing arise several distinctions and differences of Common-Wealths I thought good to make Disposition a distinct thing from Acquisition and so handle it for the better understanding of this particular I will 1. premise some general Observations 2. Briefly declare the several ways of disposing Majesty and the several forms of Governments 3. Inquire into the Constitution of the Common-Wealth of England 4. Deliver some things concerning our condition in these late times section 2 The Observations are these The 1. which belongs unto that of Acquisition is That no power can be fully acquired till it be accepted of as well as communicated For no man can be bound to be a Sovereign against his will. 2. That Majesty is then disposed when it is placed and ordered in a certain constant subject which thereby may be enabled and bound to protect and govern 3. That to be disposed in this or that subject in this or that manner is accidental to Majesty though to be disposed is essential to a Common-Wealth 4. From the different ways of disposing this Power arise the different kinds as they call them of Common-Wealths For from the placing of it in one or more arise Monarchical Aristocratical and popular States 5. Majesty being the same in general in all States it may be disposed several ways and in several degrees in one or more Hence arise the difference of one Monarchy from another one Aristocracy from another one popular State from another 6. Though it may be a Question whether the disposing of Power in one or more can make a specifical difference yet Monarchy and Polyarchy are taken for different species of Common-Wealths essentially different Majestas disponitur pure in uno despotice hinc imperium section 3 Despoticum Regale monarchicum section 3 Despoticum Regale regaliter pluribus optimatibus hinc Aristocratia Democratia plebe hinc Aristocratia Democratia miste in pluribus hinc Status popularis omnibus hinc Status popularis The knowledge of this Scheme depends upon the difference and distinction of the parts and members of a Community For besides those which are but vertually members there are such as are sui juris independant upon others and these are divided into three Ranks As 1. Such as are only free 2. Such as are of the Nobility 3. Some that are super-eminent The two former are called in Latin Plebs optimates And amongst these optimates there may be very great difference as we find a Pompey or a Caesar amongst the Romans a Duke of Briganza amongst the Portugals who inherited a vast Estate in Lands These are called the Tres ordines the three States or Ranks of the whole Body of the People with us King Peers and Commons The super-eminent are few the Peers more in number yet not very many the Commons are the greatest multitude by far and make up the main body of the Society Yet with us of these there be several degrees and subdivisions Amongst the Commons we find the Freeholders and the Gentry and a great disparity in both Amongst the Peers there is a difference 1. In respect of the manner of acquiring of this Dignity and so some of them are such by ancient tenure amounting to so many Knights-fees some by Writ some by Patent These are called in Latin Barones Feudatarii rescriptitii diplomatici There is another distinction with us of Lords for some are Temporal some Spiritual The highest of these amongst us are those of Royal Extraction In France the Princes of the Blood. In some Countries as in Denmark and some say in Poland there be Peers and Lords which hold in Allodio and these are independant upon the King in divers respects such also the Princes of Germany be for the most part And in those States where such are found the Government usually is Aristocratical These Kings Dukes and Monarchs became such at first either for the antiquity of their Family and their greate Estates or for their super-eminent wisdom and vertue or for their rare exploits in War or Peace For such as are Generals and great Commanders in wars prudent and successful much beloved by Souldiers may do much dethrone Princes set up themselves and if it will not be fairly given they will forcibly take the Crown and sometimes they may deserve it and prove the fittest to wear it These are the three Ranks and Orders of the People section 4 These being known well will give some light to that which follows concerning the disposing of Majesty whether real or personal though all Majesty actually ruling must be in some sense personal First this super-eminent power may be placed Purely in one Purely in more in one and then that the State is called a Monarchy Yet it may be disposed in more than one several ways 1. More absolutely 2. More strictly limitted An absolute Monarch whether Elective or Hereditary is such as hath a full power over his subjects goods and persons as his own so that the people have neither propriety in their goods nor liberty of their persons They are but his servants and little better than slaves such Pharaoh's Subjects when Joseph had purchased their stocks their Lands their persons for the Crown seem to have been This Government is absolutum dominium and
many and as the Persons united have one common Reason Will and Power so they all communicate in these things and do certain common Acts as a Society which are acts not of a part but of the whole Yet these things Acts Rights Priviledges Interests differ from those which are common either unto other Creatures or Mankind in General This Society was ordained of God for the benefit of mankind and tends much unto their good and happiness temporal at least For God saw at the first Creation that it was not good for man to be alone therefore he created Woman who together with Man was the root and Original of all Humane Societies Gen. 2.18 Two saith the Preacher are better than one and woe be to him that is alone Eccles. 4.9 10. where his principal intention is to shew the excellency and benefit of Society yet he presupposeth Love Humanity and a nearer affection to those of one and the same Society than to all mankind in general and in this Civil Society there must be Families to distinguish it from single Persons and Vicinities to difference it from Families and 2. An association both rational and just so 3. There must be in them thus associated an immediate capacity and fitness to receive a Common-wealth or form of Government For though this association conduceth much unto their safety help comfort and furnisheth them with many things not only necessary but convenient which without association they could not so easily enjoy yet without a form of Government these advantages could not be so firm and lasting This fitness capacity and immediate disposition to a form of civil Government doth not arise so much from the multitude of the persons or extent and goodness of the place of their habitation as from their good affections one towards another and the number of just wise and eminent persons amongst them who are fit not only to be the matter of a state but to model it and order it once constituted experience hereof sufficient we have at this day in this Nation for so many and great are our differences both in judgment and affections and our several interests so contrary that the same Language Laws Religion common Country cannot firmly unite us together but we are ready every moment to fly asunder and break in pieces if we were not kept together rather by the sword of an Army than by any civil Power and Policy or good affection this is a sad condition and a just judgment upon us for our sins section 6 This is the first thing whereof I thought to inform the Reader that he might the better understand the nature of a Community before I said any thing of the original thereof which is the next in order The original is either natural or accidental The natural source is that which hath some principles in the Creation of man who though fallen retains something of Creation whereby he continues not only a reasonable creature but also sociable For man by nature as the Philosopher observed is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a sociable creature because he hath not only reason but speech without both which there can be no human Society as humane amongst us This natural propension to Society presupposeth mankind actually existing and multiplyed therefore it pleased God at the first to make man and Woman the foundation of a Family and Families of Vicinities this is the reason why the Authors of Politicks following the Philosopher speak so much of oeconomical relations as the foundation of a Community The first Relation is of Man and Wife the second of Parents and Children the third of Masters and Servants God at the beginning did give men not only reason and language but a power of Generation with a blessing so that one man and one woman joined in the sacred bond of Matrimony became husband and wife first and then Parents of children and of Childrens children till they multiply to a numerous Posterity Thus God blessed our first Parents before and Noah's Family after the Flood that they replenished and peopled the Earth and became not one but many Communities And it was a strange providence and wonder to divide the multiplyed Posterity of Noah by diving the Language into several companies and disperse them into several parts of the Earth and hence the many Societies of the World and their different Communities God Promised Abraham to make him a Father of many Nations that is not only of many civil but spiritual Societies Gen. 17.5 and he said to Rebekah two Nations are in thy womb Gen. 25.23 Thus Jacob's Family multiplyed in Egypt to a great Community so that the original of Societies civil are from God the cause of all things 1. As making men and enduing them with reason and speech 2. As multiplying and blessing them 3. As dividing them into several parts and portions of the Earth where they may cohabit and have communion one with another 4. Besides all these he so creates them and orders them in the very first molding of them when they are multiplyed that they have need one of another and one may be beneficial and helpful unto another so that their subsistence and their well-being depends upon Society for as he hath made the Body to consist of many members so that they have their several offices and ministrations all useful one for another so that the body cannot be a body without many members nor subsist without some necessary parts nor well continue or be perfect and intire without all and every one so in like manner hath he composed these great Bodies and Communities some by his providence are Rich some are poor some wise some ignorant some strong some weak some bold some timorous some fit for learning and more noble place some of inferiour quality some fit for husbandry some for trade and some fit for one trade some fit for another Though we who have our houses Stocks Trades Fairs Markets Towns Cities Villages do not understand this so well yet they who make new discoveries and begin new Plantations are very sensible of the necessity and benefit of Society civil This was made evident by that policy of the Philistins who by taking away from Israel their Smiths and depriving them but of one trade disarmed the great body of that Nation for we read there was no Smith found in all the Land of Israel so that it came to pass in the day of battel that there was neither Sword nor Spear found in the hand of any of the people that were with Saul and Jonathan and when God intended to ruine not only the State but the Community of Judah he threatens to take away not only the mighty man the man of War the Judge the Prophet and the Prudent and the Ancient the Captain of Fifty and the honourable man and the Counsellor but the cunning Artificer and the eloquent Oratour Esa. 3.2 3. Though God alone can be fully happy by himself alone without
them even but one from the Soveraign he is an imperfect Soveraign take away all he ceaseth to be a Soveraign Again the Subject of Majesty and of all the rights and parts thereof must be only one either Physically or Morally If you divide the Subject you destroy them For if in this Common-wealth we give part of these to the King part to the Peers part to the Commons we make it a Babel and destructive of it self For suppose the King have the Militia to himself he may command the Purse make void the Laws revoke Judgments reject Parliaments and none can hinder him because neither Peers nor Commons have any right to the Sword whereby to defend themselves Therefore little heed is to be given to that Book or bitter Invective entitled Elenchus motuum nuperorum which informs from the Lawyers if we may believe him that these Soveraign Rights were thus divided 6. From this that it 's Indivisible follows it that it 's incommunicable For to whomsoever they are communicated they cease to be Subjects and the Soveraign to be a compleat Soveraign and this Communication tends to the dissolution of the Government 7. It 's perpetual that is fixed in a certain subject to continue in the same according to the fundamental Laws of Constitution Therefore the Temporary or occasional power though very great of a Dictatour or Regent or Protectour who are but trusted with it for a time in extraordinary cases and upon occasion cannot be Majesty when there is an Interregnum or suspension of the Government by reason of Sedition Faction Rebellion Civil War or some other cause it 's good and expedient for the safety of a State to set up some extraordinary Governour or Governours trusted for a time with transcendent Power till the State disturbed and not capable of any Union be setled which done that Power doth cease and Majesty is fixed in his proper primary and constant subject that the Government may run in the old Channel except they intend to make an alteration of the Constitution section 15 There is another kind of personal Majesty inferiour to and different from the former We find it in some Princes of Europe as in the Emperour of Germany the Kings of Denmark Sweden Poland and England For our Kings had not only the title of Majesty but some power with the title For in the intervals of Parliament he was Soveraign alone and all and every one yea the greatest were his subjects He called and summoned Parliaments made all Officers by sea and land sent and received Ambassadours conferred all Honours the subjects sware Allegiance to him His Dignity was eminent his State great and so many advantages he had that if he should have used them all he might easily have undone his subjects and so have undone himself Yet he had not the power of the purse He was sworn to corroborate the just Laws and Customs which the people had chosen In the Parliament he made a third party yet so that neither in acts of Lawes or Judgement could he do any thing without the Peers and Commons and as Sir Roger Owen in his Manuscript observes together with them he was greater than himself Yet as Kings have sometimes curbed Parliaments so Parliaments have Kings and disposed of the Militia the Navy the Ports the chief Offices Nay they have sometimes judged Kings accusing them of acting against the fundamental Constitution and challenging such Power as tended to the dissolution of the same and have deposed them But of this particular something may be said hereafter these kinds of Soveraigns have so much power whether more or less as the Constitution gives them yet it will be a difficult thing to keep them within their bounds CHAP. V. Of the manner how Civil Power is acquired WHat the Nature of Power in general and Majesty Civil is hath been declared The next thing to be considered is the Subject who from it is denominated a Soveraign and we must enquire first how this Power is acquired 2. How disposed in a certain Subject As for the acquisition it 's certain Man as Man or as a Member of a Community cannot have it from himself but it must be communicated to him from God who being the Universal Soveraign is the Fountain and Original of it and derives some part of it unto Man and a greater measure unto Mortal Soveraigns than other Men. Yet he doth not this immediately but mediately for the most part It 's extrinsecal and comes aliunde not only unto Men but Angels A Paternal Power which is more Natural is acquired by Generation though sometimes by Adoption This Generation from divine Benediction is the seminary of all Societies which as Societies and Communities may be so disposed and compleat as virtually to contain in them a Power of a Common-wealth and by a general consent constitute an actual Soveraign The Soveraign before he was made such was not invested with Majesty but it was extrinsecal unto him And here that distinction between the Power it self the Designation of the Persons Governing and the Form of Government is worthy taking notice of The Designation of the Persons and the Form of Government is from God leaving Man at Liberty but not so the Power which is more from him than the other two Though the parties justly possessed of power may be thought to have the propriety of it yet they have not any for let it be never so firmly conveyed upon them by designation and submission yet they are but trusted with it Princes tell us they hold their Crowns and Kingdoms per Deum Gladium If they mean that they derive their power from God so as that they neither receive nor hold it from the Bishops of Rome or the Emperour or any other Mortals it may be true yet they have their power so from God that they are invested with it by Humane Designation And as for their Sword it may by a Conquest make way for a Government but it cannot constitute it The fundamental Charter of all Civil Majesty is the fifth Commandment taken in a large sence and understood by other Scriptures which speak more expresly and distinctly of Civil Government In this Commandment including much more by Analogy than is expressed we may observe that there is a power of Superiority and Excellency as in Fathers so in the Princes and Rulers of the World and that from God who made them Men Fathers Princes 2. That all Government should be Paternal Not that the first-born of the most ancient Family in every Tribe Kinred Nation should be a Soveraign for that we seldom find but that they should as Fathers love their Subjects and seek their Good and tender them as Fathers do their Children 3. That by virtue of Gods Command so soon as they are actually Governours Honour and Subjection are due unto them 4. That all Vicinities as far as they are able ought first to associate and then establish an
conduce to that end Or else we are wilfully divided and no way will serve the turn but our own The first is the cause of our difference in Judgement the second of our disaffection and without an unity of the whole or at least of the major part the business will hardly be effected For we are not in any immediate capacity of a general Unity till time hath wasted and consumed some of our divisions and also the bitter enmity and rancour which continues in the Spirits of many to this day Therefore our settlement must begin in generals and necessaries and proceed by degrees 2. The Foundation to be laid is first to find out the ancient Constitution before it was corrupted too much and understand the great Wisdom of our Ancestors gained by long experience in the constitution of this our State. This may be done by some experienced Statesmen and Antiquaries in Law and that as well if not better out of Parliament than in Parliament For a Parliament it self must have some Foundation and certain Rule of their very being before they can act steadily and regularly and not spend their time of every sev●●al Parliament in molding their Government a new It 's a vain and presumptuous imagination to think that we have attained to a greater measure of Wisdom than our Ancestors attained unto And let us not undo what is already done if it be consistent with the best model 3. Let no man think that the publick interest either Ecclesiastical or Civil of England is the interest of any one person or Family or any few persons or Families much less of any Sect Party Faction It cannot be denied but whilst the Succession of our Kings was limited to a Family the succession was more certain For so the next successour was more easily known and competition which in this case is so dangerous was more easily avoided Yet even this could not prevent the difference between the Houses of York and Lancaster And when the issue of Henry 8 failed we had been in greater danger if the King of Scots had not been a Protestant and one who was conceived would prove firm to the English Protestant Interest But when this limited succession shall prove as it may do inconsistent with the publick interest it s not so much to be regarded For why should the honour or priviledge of one Family prejudice the universal safety of a Nation We know that vast Empires and Kingdoms have by an unlimited Election continued long And that which might help much in this Case is that policy of the German Empire in the Interregnum to have an administrator General 4. In modelling the Government we must have a special eye unto the Constitution that it be such as that it may not only be consistent with but effectually conduce to the promoting of peace and righteousness in the administration of the State and also to the advancement of the Christian Religion in the Church And I conceive our ancient Government for these ends was excellent and did also preserve and regulate the liberty of the people and also wisely limit the supream Magistrate 5. The Parliament being a general Representative of the whole Nation and now of three and trusted with our liberty estates lives and in some measure with the Religion we profess should consist and be made up of eminent and wise men Therefore the Election of them for the manner should be more regular and orderly in respect of the Electors and better limited and more strictly tied to a right Qualification of the Persons elected which should neither be unworthy nor unfit It may indeed fall so out that in these irregular and sometimes tumultuous Elections some wise and eminent persons may be chosen and the same may prove predominant and leading Members in that great Assembly but this is but a chance and no certainty nor use of right reason in it 6 When a Parliament is once assembled and begins to act if there be any thing that concerns the preservation and continuance either of the being of the State or of the Substance of the Protestant Religion that must be first dispatched and the next the punishment of crying Sins which are the Ruines of States 7 As for Religion so far as it concerns the State it 's fit that there be some general Rule both of our Profession and Worship but the Rule of profession must be brief and grounded upon plain Scriptures and so near to ancient Confessions as that no rational Christian who acknowledged the Scriptures to be the Word of God could or would scruple The Rule of Worship also must be plain and Clear. Let nothing be imposed upon all which any rational Christian as such may not recive without scruple As for Discipline as I have begun so I will go on in the next Chapter But these things have been and will be considered by far wiser men therefore I will not enlarge section 23 I might have said something more of the manner of disposing Soveraign power and with Besoldus have observed that as there may be two persons who make but one Monarch so there may be one King of two or more distinct and several Kingdoms This latter disposal was debated much in Calvin's case by the Sage Judges of the land in which debate some of them especially Chancellour Egerton did little less than make the King an absolute Monarch and the two Kingdoms in effect one but the Parliament was of another mind And the matter was far above their Courts and Cognizance the union could not be determined but by the Parliaments of both Kingdoms neither could this be done by them if the union made any alteration in the Constitution of either Kingdom In respect of mine intention this Chapter is very large in respect of the matter very brief and my desire is that others would more seriously and impartially enquire into this subject so far as it concerns our own Constitution which no doubt may be found out and if it prove defective may be perfected if men were peaceable and sought the publick good CHAP. IX Of the disposition of Ecclesiastical Power and first whether it be due unto the Bishop of Rome section 1 THe most difficult point in Politicks is that of the Jura Majestatis and the right disposal of them in a fit subject and concerning the nature of Civil power the manner of acquiring and disposing of it I have already spoken and also of Ecclesiastical power and the acquisition thereof now it remains I say something of the manner of disposing the power of the Keys in the right subject This is a matter of great dispute in these our times Therefore when I expected to find all clear because a Jus divinum grounded on the Scriptures was pretended on all hands I found it otherwise As when one of our Worthies had disemboked the Megellanick straits and was entred into that sea they call Pacificum he found the word Pacifick
sanctified person is a Priest to offer spiritual Sacrifice to God. Yet this doth not make any such person a Minister and publick Officer of Christ who must sequester himself from worldly business more than other men to tend his Calling to which he is consecrated and solemnly devoted With this distinction agrees that of the Clergy and Laity Whence the name Clerus the Clergy for the Ministry should have its original is uncertain The people of Israel sanctified and consecrated unto God were call'd 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Lot or Inheritance of God and the Priests and Ministers were the eminent party of this Lot and people For the people as distinct from the Pastours are called the Clergy Lot or Heritage of God 1 Pet. 5.3 in which it cannot be proper to the Ministers It 's true that the first Officer made by the Church after that Christ was glorified was made by Lot For the Lot that is Cleros fell upon Matthias Acts 1.26 From whence some think the system of Presbyters and Deacons were called the Clergy 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signify one made and an Officer by Lot. As for Laity we find often in the Old Testament the people as distinct from the Priests and Levites called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Laity The Apostle and seventy Disciples were distinguished from the rest of the Disciples and Believers The Apostles Prophets Evangelists Pastours and Teachers were different orders from the rest of the Church The twenty four Elders which signifie the Priests and Levites divided into orders by Lot were distinct from the four Beasts that is the main body of the Church but these are days of confusion and disorder Every one will be a Prophet and a Teacher either presuming upon their gifts yet scorning to engage themselves for the service of Christ in the poor and much despised Ministery or pretending blasphemously to the Spirit which God never gave them There is another distinction of Subjects in Nobiles Plebaeos Some are Noble some of a lower Form and Rank Nobilis is any Gentleman well descended Yet there is a difference inter Nobilem Generosum for though Omnis Generosus sit Nobilis yet Omnis nobilis non est Generosus because Generosus is not only one well born but also one vertuous In this respect the word of a Gentleman is more than the word of a Nobleman nay than the word of a King yet Nobility with us is taken more strictly and is given to none under a Baron and Peer of the Kingdom which hath right of suffrage in Parliament as one of the House of Lords The ancient Nobility of England is much diminished and decayed and many of their Estates alienated and the late Barons created by Patent do much obscure them and if these as Barons have their suffrage in the House of Lords by vertue of their Honour and not their Vertue and Wisdom I do not see how the Parliament should be Wittena Gemott the Meeting of Wise Men. It were wisdom by some strict Law to limit Jus Nobilitandi unto Vertue and Wisdom For Honours should be conferred rarely and upon merit and worth for they have great priviledges which should not be made so common and prostituted to the Lust and Ambition of every one that can pay for them The subjects of lower Rank if Freeholders have also their priviledges and one principal is a power to Elect the Knights of the County to represent in Parliaments There be other accidental differences of less moment which I pass by section 14 After these distinctions follows a division of the whole body of the Subjects into parts and this is necessary especially in respect of the Administration For without an orderly division the subjects cannot be well governed Israel was divided into Tribes Tribes into Families Families into Housholds Housholds into Persons Thus they were divided and according to this order Achan was discovered Josh. 7.16 17 18. and they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heads of their Tribes and their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heads of their Hundreds as Masius upon the place observes The Romans were also divided in Tribus Tribus in Curias and after these we read of Centurias and Decurias We read that Alfred divided England into Counties Counties into Hundreds the Hundreds into Allotments In some Counties we find Ridings and Wapentakes yet Sir Henry Spelman under the word Hundreds understands by Wapentake an Hundred which in the Welsh is called Cantreda where he adds that the Counties were divided into Tithings Rapes and Laths and Hundreds were divided into Tithings and Friberges Upon this division made it 's said that Justice was administred with that ease exactness and severity that any man's goods might at any time be secure in any place Yea they might hang golden Bracelets in the High-way-side and in open view and none durst meddle with them To this head belongs the numbring the people by pole enrowling their Names and Estates without which Taxations cannot be justly imposed The end of this distribution was to reduce the people into a certain order according to which the equal parts were to co-ordinate one with another as Counties with Counties Hundreds with Hundreds so that one had no Jurisdiction over another The unequal were less or greater and were subordinate the less to the greater which had Jurisdiction over the less and all the parts were subject to the whole This was necessary for Judicial proceedings that Actions in Law might proceed according to the subordination of Courts For anciently with us Actions did commence in the Courts held by the Lords of the Mannors if the cause were too high or could not there be determined or Justice had Appeal was made to the Hundred Court from thence to the County Court from thence to the King's Court. In the word Comitatus Sir Henry Spelman observes this was the ancient Order and thinks it an abuse and great disorder that in our days every petty Business and Cause is brought into the King's Court at Westminster What the Division of this Nation was under the Romans is not so well known except we may conjecture of it by the ancient Division of the Provinces and the Cathedral Seas and Diocesses which much differ from these of latter times Cambden finds some divisions of England in the time of the Romans yet they are not clear and certain Under the Saxons he finds several divisisions 1. Some according to certain proportions of Lands 2. He makes the Heptarchy an argument that it was divided into seven parts At length he concludes his political Division with that of Counties which he as Sir Henry Spelman ascribes to the King Alfred But I have read that it was thus divided before his time and this is more probable because the Myrrour informs us of Counties and of Counties before there were any Saxon Kings Vt subditi section 15 distinguuntur sic distincti dividuntur educantur
really contradicted by violent storms so it falls out here I hoped to have landed in a Region of perpetual peace but I was found in a Terra del Fuego a land of fire and smoak like unto Palma one of the seven Canary Islands where in September 1646 or thereabouts a fire first raged fearfully in the bowels of the earth and at length brake out and ran in five several fiery sulphurious streams into the main In like manner this power of the Keys runs in five several Channels but very turbulently and impetuously For the Pope the Prince the Prelate the Presbyter the Plebean rank do every one of them severally challenge it and nothing under a Jus divinum will serve the turn Therefore I will 1. Examine their several Titles 2. Deliver mine own judgement 3. Add something of the extent of a particular Church section 2 And this shall be my Method and the several Heads of my ensuing Treatise before I enter upon the second part of the Constitution of a Common-wealth which is Pars subdita The first title is that of the great Roman Pontiffe who perhaps will storm and that with indignation against any who shall presume to examine it This Bishop is the greatest Prelate and Clergy-man in the world And as old Rome from a poor beginning and a few people became the Imperial City of the world so this Prelate from a poor pesecuted Minister of the Gospel attained to this pitch of glory and contrary to the example of Christ and his Apostles lives in so great splendour pomp and State terrene that the Princes of the world cannot parallel him and for the power which he doth exercise and challange he his far above them His Court is very magnificent and cannot be maintained without a vast Revenue Some say that he is that second beast which came out of the earth and had two horns of a Lamb but spake as a Dragon and exerciseth all the power of the first beast before him c. Rev. 13.11 12. His name is Satanos his number 25. He assumed the title of Universal Bishop about the year of our Lord 666. So that his number in the name in the radical sum and in the time of his appearance is 666. And for orders sake I might 1. Observe the power 2. Relate the several reasons whereby the title to this power is confirmed 3. Examine whether they be sufficient or no 1. The power which is challenged is transcendent and very great and that not only extensively but intensively too it 's such as men never had and therefore could never give And therefore though he came out of the earth yet he derives it from Heaven To be the first Patriarch of the Imperial See will not serve the turn neither will he be content to be a man and fallible he must be infallible Neither will this satisfie him he must be the visible Head of the Universal Church universal Bishop and Monarch over all persons all Churches in all Causes Ecclesiastical Nay this Power is so extensive that he must have something to do in Heaven and much to do in Hell. He must be above all General Councils They cannot Assemble Conclude Dissolve without his power He must be President all Canons and Judgments which they pass without him are of no force and only what he approves is valid His very Letters must be Laws and if he please of Universal Obligation His Reservations and Dispensations are very high his judgments irreversible he receives last appeals from all Churches in the World he Judgeth all is Judged of none His power to execute is strange and his policy wonderful He hath plenitude of power Ecclesiastical Yet this will not suffice him he hath acquired temporal Dominions and is a secular Prince And because his Territories are not large he hath found out a way to possess himself of the Sword and all temporal power in ordine ad spiritualia must be his section 3 But what are the reasons whereupon this vast power is grounded Surely they do build upon a rock and not upon the sand Their reasons are taken from Politicks from the ancient Writers and from Scriptures too 1. From Politicks they take this for granted that amongst humane Governments Monarchy is the best 2. That amongst Monarchies Despotical excels this they dare not expresly affirm yet the papal power which is challenged is such 3. That if Monarchy be the best then surely the Government of the Church is Monarchical for that being instituted from Heaven must needs be the most perfect 4. That the first Monarch visible of the Church was Peter 5. That Peter was made such by Christ and received a power to transmit it to others and appoint his Successours 6. That he fixed his See at Rome and made the Bishop of that City his Heir so that he is haeres ex asse 7. That so soon as any person is legally elected Bishop of that See he is ipso facto the Universal Monarch and the proper subject of plenitude of all Ecclesiastical power 2. The Epithetes the Elogies the Encomiums of the Bishop and the See of Rome are collected out of ancient Writers and marshalled in order and they make a goodly show and who dare say any thing against them 3. Yet because these are not of divine Authority therefore they search the holy Scriptures and find it written that Peter was the only person and Apostle to whom Christ gave the Keys of Heaven's Kingdom and he must bind and loose on earth and what he shall so do on earth shall be made good in Heaven If this will not serve the turn Christ saith to Peter and to no other Apostles If thou love me feed my Flock my Lambs my Sheep and to feed is to govern and the Flock Lambs and Sheep are the Church section 4 Yet notwithstanding all these reasons many rational men think and they have reason for it that this power is so great that it 's intolerable presumption for any person to challenge it impossible for any man duly to manage it but only Jesus Christ who knew no sin and was not only man but the Son of the living God. Besides wise men do certainly know that the power was usurped and possessed by degrees first and afterwards the greatest Wits were set on work to invent a title the usual way of all unjust Usurpers 1. As for their Politicks they help them little for in that reason from Government they presuppose all and prove nothing from first to last neither can any wit of man prove any of their supposals yet all must be proved and that demonstratively and every one of them made evident otherwise the vast mighty Fabrick falls to the ground Many of themselves know in their Conscience the invalidity and weakness of every one of them 2. As for these passages of ancient Writers which seem so much to honour and advance that Church above others many of them are Hyperbolical and Rhetorical