pleaseth 2. And so to Doctrines and Forms of Worship seeming to him only probable only under the notion of such probable The Scripture Rule of acting from Faith still being proceeded by and the most probable of things either to be believed or done being fixed upon 3. And Lastly The sum of all in this matter is That all particular latitudes are conceded to a man in relation to these things which are not destructively contradictory to the third notions of the Canon and Liturgy their being true and lawful and so to the Magistrates Ecclesiastical Vniformity and so to his publick charge preserv'd by it in the latter end For as the Magistrate is not supposed to intend the denyal of that degree of liberty in this matter to any man which is onely just and of no evil consequence So also he must never be supposed at all to allow of that which shall be destructive to him and his publick affairs Neque enim quis sciens prudens vellet sui perditionem aut simul contradictora Neither doth any man being in his right wits and understanding what he doth will his own destruction or contradictories together and at the same time And these things and that they should be thus allowed to the people are their derivative natural rights in an Ecclesiastical Uniformity and that as flowing from their primitive right of the use of their judgment of discerning And they are also some of their derivative Latitudes or Liberties relating to their performance of obedience to the Ecclesiastical Laws of Princes An appendant question resolved VI. In the last place then the appendant Question or Querie that is here to be resolved concerning the negative part of an Ecclesiastical Uniformity and a man 's not divulging his Opinion and that particularly in the case of his down-right dissenting from any Doctrine in the Canon or form of worship in the Liturgy viz. How far forth a man should tollerate any such Doctrine Lib. 3. Cap. 4. §. 14. or Form of Worship in a National Church rather then as much as in him lies to oppose it by divulging the contrary and suffering in Testimony against it is of kin to the Question above mentioned of contending for the Faith but is the negative opposite to that positive and will be determined from the several following conclusive propositions And those are 1. That this Doctrine of Tolleration by private men takes no place in the positive part of an Uniformity i. e. in those things which a man either useth as to his practise or makes profession of assent to as to his belief And the reason is because such tolleration of such things includes a contradiction to the use and profession mentioned and so renders both of them sinful But a sinful either profession or use of things and that which is false and contrary to Faith is not that kind of either which is laid down as a medium for a charitative communion in an Ecclesiastical Uniformity 2. The use of things and forms of Worship as to the Liturgy is here supposed to be more general because the Liturgy being stated the use of it or one way or another the partaking in the use of it is supposed accordingly to be equally common to all But then profession of assent more specially in respect to the Canon of Doctrines is to be distinguished And it is either definite or indefinite i. e. in respect to the object matter of it or the Doctrines which profession is to be made to The indefinite is when it is not necessarily and definitely limited or determined either by any Act of a mans own or act or intent of the Magistrate to a certain number of things and the definite is the contrary And the one ordidarily takes place in the special sort of professors and such as are more strictly tyed up either by Oaths subscriptions or the like in any National Church And the other in the community and contrary sort of persons But it is the latter of these viz. the generality and common sort of Church-members who are here more principally and ordinarily concerned 3. The Doctrine of Tolleration by private men in any such case as this is in the general is expresly asserted and approved of by the Divine Law of Christ In that Text of St. Paul Rom. 14.22 Hast thou Faith Have it to thy self before God i. e. dost thou believe such or such a thing either to be true or not true lawful or not lawful Enjoy thine own belief for the satisfaction of thine own conscience And that is as far as thou art generally and without a more special Call and particular charitative obligation concern'd 4. The more particular qualification of this Doctrine and how far forth such a Tolleration in this particular case ought to be practised is stated by the dictate of the Law Natural And that from the General Rule for the determination of all such cases in an Ecclesiastical Uniformity and which hath been all along hitherto mention'd And that is So far forth as it may make to the publick welfare of the charge of the Magistrate which alwayes includes in it the sum of the two Tables of Moses so frequently mentioned by the Casuistical Divines and as being parallel to this in the stating their case in a notion separate from an Ecclesiastical Uniformity viz. the glory of God and the good of our Neighbour in any Society 5. The conclusion of all then from these prefatory positions is That from the measuring this case in relation to particular things or Doctrines in an Uniformity men are to consider the value and worth of such Doctrines in Religion The Service they may otherwise do to God in their Calling if they do not incur the penalties of an Uniformity by their divulging their Opinions against the present Ecclesiastical Lawes the high valuation that is to be had by every one of the welfare of the Magistrates Charge and of Charity and Peace in the Church and State in order to it and the like And if these things be but considered it is not ordinarily to be supposed that there are things of such weight and so unwarily proposed in any Canon of Doctrines in an Ecclesiastical Uniformity as first to deserve a mans totall dissent from them and after his violating the Common Peace and Profession and stirring up Contentions by reason of any real and so gross erroneousness that is in them And these things do also in a more eminent notion concern the case of Revolting in any Church and as that also hath its special reference to a presupposed definite profession Last of all then as to those many times found in all Churches who unwarily presume that they may vent their dissentings in both these sorts of cases mentioned when and how they please And that God and Conscience and the Lawes in any Society are sufficiently satisfied if they do but subject themselves in the mean time to the penalties annexed to an
being invaded 119 Charity distinguished 94. The benefits of it to Societies 94 95 96 c. And to the publick charge of the Magistrate Ib. To Religion 95 To Government 96. and to the consistency of Religion with Government 97. and how much it is commanded in Scripture 97 98. Charity and Peace in matters of Religion the means for the procuring the benefits of them in Societies assigned 160 Chief Priest amongst the Jews his sitting in the great Synedrion 128 129 Mr. Chillingworth his saying concerning the uncertainty of many matters in Religion 151 Mr. Chillingworth taxed 285 His saying concerning the appointment of an Infallible Judge of controversies 307 Christian Religion its positive and eminent consistency with Government 70 It is never subversive of the present lawful Government 70 71 Christian Church the Records of it defective 197. The Christian Church and civil state are in themselves distinct Societies 122 And God hath appointed them to be in a capacity of subsisting apart in the World 123 The Christian Church the distinct Ecclesiastical Orders in it 125 Church-men may intermix in the administration of Civil Affairs 126 127 128 c. Church-Government The Magistrates Right of establishing it in every National Church 240 c. The case concerning it in England 240 241 Circuits for visitation in an Ecclesiastical Vniformity 301 Civillians Their complaints concerning the extinction of the Old Roman Doctors In Proleg post med Common Good The great end of all Laws and Government amongst men 58 59 Common People the one sort of persons ordinarily guilty of the faults committed against the publick charge of the Magistrate 111 Their particular faults instanc'd in Ib. In respect to Religion 111 112. And Government 114 and the consistency of Religion with Government 116 The frequency of their commission of those faults Ibid. Common-Weals the two famous ones of Greece In Proleg post med Communions in matters of Religion how far forth a mixture of them may consist with the welfare of Societies 164 Communication of Church Censures for money how far forth lawful 269 Composition of a Canon and Liturgy the rules to be observ'd in it 231 232 233 234 335 c. Consent given to Government the distinctions of it 36 37 Consistency of Religion and Government with each other intended by God and Nature 2. The consistency of Religion with Government defined 6 And distinguished 6 7 And the distinctions of it explicated and applyed 68 and that consistency proved 68 69 c. Constantinople its sacking and conflagration by the Saracens 31 Constantine his saying concerning the subordination of his Bishops to him 145 The appearance of Christ to him from Heaven 310 Contests about Religion distinguish'd 89 Contestation of Opinions in matters of Religion the means for the preventing the mischiefs of it in Societies assign'd 160 The effects of it 150 154 c. And that in respect to the particulars of the Magistrates charge 156 c. Conventicles or more private convenings for the exercise of Religion how far forth to be permitted by Princes stated 219 220 221 222 c. The present case concerning them in England 220 221. Council of Trent the preservation of the several powers of Princes in it 144 Councels the Celebration of them twice every year heretofore in the Christian Church and why 127 Creed of the Apostles was framed for a profession of assent to be made to it 197 Cromwel his pretences of Religion in England 115 D Delusions of the Heathens how permitted and inflicted by God 21 Dionysius Halicarnasseus his Story concerning Numa his suppressing of controversies and opinions in matters of Religion 177 Directory whether it be not sufficient for the preservation of the publick peace in any National Church 203 Discipline an Vniformity in it convenient in Churches 168 169 Divinity three sorts of it amongst the Heathen 14 Divulging of Opinions how far forth a duty in private persons 274 275 276 vid. venting of Opinion The more particular restraints and liberties and the rights of the Magistrate relating to it 292 c. The wayes of mens divulging their opinions distinguied 294 The Doctors upon both Laws In Prolegom prope fin Doctrines of Religion a distinction of them 91 Certaine doctrines in the Christian Religion made use of by the Demagogues Heresiarchs and Ring-leaders of sedition in Societies for their serving their several ends 118 Doctrines in religion distinguished 164 The several sorts of the Doctrines of Canons and Liturgies assigned 249 250 c. The Doctrines of any National Church distinguished Ibid. Druids amongst the Gaules the reason of their dispersing their doctrine of the immortality of the soul amongst the people 85 Their being distinct in their Orders of Ecclesiasticks 104 Their being both Priests and Judges heretofore amongst the Gauls and Brittains 130 E Earle of Portugal the Story concerning one lately in relation to an Inquisitor 272 Ecclesiastical person the Querie why he should not have the Supremacy resolved 145 Elector of Saxony his Acts of bearing the Sword before the Emperour c. in the Diet of Ausburg condemned 280 Empire the wayes by which men have arriv'd at it 34 The Ends of a Canon of doctrines and Liturgy in any National Church distinguished 211 The general Ends of them assign'd Ibid. An Objection against them answered Ibid. The more particular Ends of them 214 215 216 217 c. EnglishVniformity the History of it 199 200 English Canon of Doctrines the History of it 201 202 English Liturgy the History of it 202 Enthusiasme condemned 290 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Office of a Bishop in the Christian Church 299 300 Erastus concerning the authoritative Execution of Church censures by Laicks answered 134 Estates of men the first and Capital distinction of them 36 Euripides and Lycurgus compared 12 Euripides his saying concerning Jupiter In Prolegom in princip Eusebius and the other Histories of the Christian Church the notable instances of Regiment of Churches in them In Prolegom in fin Excommunication a caution concerning the inflicting of it 267 The complaint concerning its being inflicted for light matters in the Vniformities of Churches answered and for its being inflicted at first dash also 269 270 The Extreams in respect to an Ecclesiastical Vniformity distinguished 177 Those of too much loosness assign'd 177 178 And that also of too much strictness 178 F The Fathers of the Christian Church their derivation of the Magistrates Power from God 54 55 Faultinesses those in an Ecclesiastical Vniformity assigned 178 179 180 c. Fire of Sodom its natural causes 30 Five-Churches his actions in the Council of Trent 144 Flood of Noah the fame and dispersed report of it 30 Freedome the principle of natural Freedom refuted 39 40 41 42 c. Fragments those of the twelve Tables amongst the Romans now remaining In Prolegom post med G Georgians Their Liturgy 198 Georgievez His Turkish slavery sustained by him Gifts The use of spiritual gifts is under the
opposition to the Laws of an Ecclesiastical Uniformity in any State which is claimed by some both of the Priesthood and people Contrary to what Grotius and others of note have done in the stating of that Question But I have given the Reasons for the denial of it And no less then the whole conforming Clergie and others in publick imployment of the State at this day in England have subscribed to the very same matter And in the end of the stating of it I have more explicitly disputed the tendency of the derivation of Government from the people and of the Doctrine of Rising depending upon it to the good of Religion and Humane Society Which thing truly ought to have been done by Grotius and others who have stated that question although in a separate Notion from an Ecclesiastical Uniformity In the Second and Third Books I have treated of an Ecclesiastical Uniformity the necessary means mention'd for the accomplishing the Consistency of Religion with Government In the Second Book I have treated of it and the Rights belonging to it more Generally And in the Third Book of both of them more particularly And in both these Books I have taken In the several Cases Questions and Quere's belonging to the treating of both those sorts of things and in the stating both of those Cases and of other matters I have many times considered Humane Nature sometimes Tacitly and sometimes expresly and how it is to be dealt with And he that will not consider it in such things is never likely to govern the World Omnes De Natura Deor. lib. 1. naturâ duce vehimur sayes Cicero That we are all carried on powerfully by Nature And Bodin concerning the suiting the Government to the nature of the Country De Repub. lib. 5. cap. 1. in princip Haec porro Naturae consentana ratio spectanda in primis est ei qui Rempublicam fundare aut Civitatem optimè instituere volet That this agreeable respect of Nature is principally to be heeded by him who will found a Common-weal or set a City in order after the best manner And Nimium ipse durus est praeter aequumque bonum Mitio Senex apud Terent in Adelph Act. 1. Scen. 1. Et errat longè me a quidem sententia Qui imperium credat gravius esse aut stabilius Vi quod sit quam illud quod amicitia adjungitur Mea est sic Ratio sic animum induco meum He is too rigid and besides all Right and Reason And he err's much truly in my opinion Who believes that Government to be more firm and stable Which is framed by force them that which is cemented by love So is my sence of it and so I am apt to believe And the elegant Fabulist at the meeting of the two strangers at the Lake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But how wilt thou make me thy friend who am nothing alike to thee in nature And Thucydides in the case of Publick Commotions and stirrs in a Common-weal When a Common-weal is disturb'd Lib. 3. the nature of men leaping over the Lawes doth willingly shew it self to do unjust things against them Being transported by the greatness of Anger more prevalent then Right and an enemy to the more excellent things So that he that will well govern men must do it by first Governing humane nature In my stating the more particular Consistency then of Religion with Government I have taken the best care I could That Religion should have it's due Neither do I believe That the particulars concerning either of them as they stand mutually in this their relative Condition can well be stated otherwise then here they are And one great Reason of mens mistakes and doubts and dissatisfactions of Judgement and Conscience concerning the Ecclesiastical Lawes of Princes and their submission to them in all Societies is their not considering of the relation in which Religion ought alwayes in the World to stand to the being and exercise of Government both in Church and State In my Defence of the Rights of Princes there are two sorts of Adversaries chiefly which I have met with to be oppos'd and those are the Church-men of Rome and those of the late Scotch and English Presbitery who have trodden in the same steps with them in this matter though under different Notions and I have not spoken any thing concerning either of these either invidiously or at mine own pleasure but onely from the Testimonials of their own Writings and Practises And the like I have done where I have met with any who have opposed the Rights either of the Priest or People In my going through the whole There are three things which have caused me to descend the deeper into the Mines of Labour And those are 1. The invention of matter it being in several places wholly new and almost every where not applied by any other to my present purpose 2. The digesting of that matter into it's due Method It being very various and the places of connecting and disposing it into its Right Order recurring also frequently and in a very various manner 3. And lastly the numerous Books which I have been forc'd to consult with for the furnishing out of the whole body of this Discourse into the World but in some tolerable manner and according to the deserts of the weight of the matter And those Books which I have accordingly made use of have been of those professions which concerne the most substantial matters of the Publick Affairs amongst men The first of those Faculties or Professions is Divinity And in it first of all I have attended to the Books of God the Divine Law of the Old and New Testament And in the Old for the Interpretation of the Lawes and Ordinances of Moses and what was the external practice of them in Israel the writings of the Hebrew Rabbines are ordinarily produc'd and especially those of Moses Maimonides Of whom the Jewes have a saying A Mose ad Mosen non fuit similis Mosi That from Moses their Master to Moses the Sonne of Maimony there hath not been the like to Moses the Sonne of Maimony And the Rabbinical Age began about the time of the destruction of Jerusalem and the dissolution of the Jewish Polity by Titus De Bello Jud. Lib. 7 cap. 24. In whose Triumph afterwards at Rome Josephus mentions only the Book of the Jews Law amongst whatsoever other Writings they had to have been preserved and carried along with him in it Out of the Books of the Old Testament and the Writings of the Rabbies there are also many late Christian Writers who have made Systematical Collections of the Frame of the Jewish Polity such as Schickardus the Hebrew Professor at Tubingen Bertram and others The most staple and authentick Writers in the Christian Church and next to the new Testament it self are of divers sorts De Jure Belli lib. 1.
open Earth Did divide the fields being an Arbiter to the people The credulous ships did not yet cut th' Sea Every one knew his own Seas But then what followes Rupere foedus impius lucri furor Ibid. Et Ira praeceps quaeque succensas agit Libido mentes venit Imperii sitis Cruenta factus praeda majori minor Pro jure vires esse c. They brake the league the impious rage after gaine And Headlong Anger and lust which violently hurrieth on The Inflamed minds the bloody thirst of Empire Arose the lesser was made a prey to the greater Strength was instead of Law And the like Juvenal Satyr 6. Prima peregrinos obscaena Pecunia mores Intulit turpi fregerunt saecula luxu Divitiae Molles c. Filthy money first of all brought in amongst men strange Manners and soft riches brake the ages with Fowle Luxury And Lucan Pereunt discrimine nullo Amissae leges sed pars vilissima rerum Certamen movistis opes The lost Lawes perish Without any difference But O ye most vile part of things Riches you mov'd the Contention So that it hath been then upon these accounts that passions and all man manner of mischiefs following upon them have alwayes ordinarily come in amongst men III. This then being the first state of men in the Cases mentioned Whence the necessity of Laws and Government Gen. 6.1 and their primitive innocency after their multiplyings on the face of the Earth and uniting into Societies as the Scripture mentions thus degenerating into all manner of naughtiness from hence sprang the necessity of Laws and Government Factae sunt autem leges sayes the Decretum Parte prima Distinct quart ut earum metu humana coerceatur Audacia tutaque sit inter improbos innocentia That Laws were made that by the fear of them the boldness of men might be restrained and that innocency might be safe amongst wicked men And Jura inventa metu injusti fateare necesse est Horat. Serm. Satyr 3. We must needs confess that lawes were found out for fear of injury De Fast 3. Ovid. And Inde datae leges ne fortior omnia possit That from hence sprang Lawes that he that was strongest might not rule all And Horat. Serm. 1. ibid. Oppida caeperunt munire ponere leges Nequis Fur esset neu Latro neu quis Adulter Men began after a little time in the world to fortifie Towns and make Lawes That none should be a Theef nor open Robber nor an Adulterer And because that these matters of Lust quarrels c. have been generally common to all Ages of men and also that the wayes of Warres Lawes c. for the ending and restraining of them by consent have been alike common Therefore it is that the Civil-Law asserts them to be of the Law of Nations L. Ex hoc Jur. D. De justit jure Ex hoc jure gentium sayes Hermogenes introducta sunt bella discretae gentes regna condita dominia distincta agris termini positi aedificia collata commercia emptiones venditiones locationes conductiones obligationes institutae That from this Law of Nations it was that warres were first brought in amongst men That Nations were divided Empires were set up Dominions were distinguished Bounds were set to Fields Houses built Intercourses of Merchandize buyings sellings lettings hirings and obligations were appointed And In Institut Tit. De jure naturali c. lib. 1. jus autem gentium says Justinian omni humano generi commune est Nam usu exigente humanis necessitatibus gentes humanae Jura quaedam sibi constituerunt Bella etenim orta sunt captivitates secutae c. That the Law of nations is common to all mankind For Custome and humane necessities requiring it the Nations of men did constitute certain Lawes for themselves For wars arose and Captivities followed And thus then by the general consent of men is still evident the springing of Laws and Government thus from humane necessities The wayes by which men have arrived at Government IV. The wayes by which men have arrived at Empire or Government over Societies are many And indeed as many as the wayes have been by which they have united into Societies according to the circumstances of their several Cases already pointed at in the mention of those other things viz. Adam the first man was Created Monarch of the World by the voice of Nature and of God himself from Heaven bestowing it upon him By the voice of Nature as he was the Father of all those that sprang from him and by the voice of God as it is mentioned in the Scripture Gen. 1.28 So Cain also as the Elder had the rule over his younger Brother in express Termes bestowed upon him Gen. 4.7 And so Noah after his coming out of the Ark retained the same power that Adam had And it is a Currant Tradition See Maimonâ—des and the Rabbins and the Commentators on these places of Genesis viz. Ainsworth Selden's Mare Clausum lib. 1. cap. 4. Bodin de repub lib. 2. cap. 2. and Sr Robert Filmer's Observations on Grotius p. 32 c. Polit. lib. 1. cap. 8. De Repub. lib. 1. cap. 4. both amongst the Hebrewes and the generality of Christians both Divines and Polititians that these were both Kings and Priests in their own Families And that Cain and Abel brought their Sacrifices to Adam their Father to offer for them c. And that this Power of Government was lodged in the several heads of Families afterwards as there is no doubt but it was so far forth as there was regular proceeding amongst them because it belonged to them thus by the Law of Nature And from hence it may be well concluded was derived the power of life and death which was conceded to Parents over their children in the same manner as Kings had it over their Subjects in their more publick affairs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sayes Aristotle That the power of Parents over their children was like that of Kings over their subjects And Fallit Justinianus Augustus sayes Bodin That the Emperour Justinian was out in his asserting that no other Nations had so much power over their children as the Romans had by their Civil Law conferring it upon them as is to be seen in the body of it and partly in the reputed Fragments of the twelve Tables yet remaining Thus then as to Moses his History Vid. Fragment Duod Tabular L. sipater silium c. Polit. lib. 3. cap. 11. And it doth not appear from any humane Records That there was any Government but by Kings in the World till it was almost three thousand years old Prisci Homines sayes Aristotle sub Regibus vivebant That the ancient of men did live under the rule of Kings And Principio rerum Gentium Iustin lib. 1. in princip In Theseo Plutarch Strabon c. Nationumque Imperium
penes Reges erat sayes the Historian That in the beginning of humane affairs of Countries and Nations the Dominion over them was in the hand of Kings And Plutarch affirms that the first that gave over Regal Power and framed a Popular State was Theseus And he quotes Aristotle as of the same mind And Theseus flourished about the year of the World Two thousand seven hundred and twenty Others date a popular State in Greece from others afterwards But it is certain that all the first writings of the World now extant Homer and others sound only of Kings the rightful Successors it is to be supposed a great many of them of the dispersed heads of families and all of them their partakers in the same kind of Government As to prophane Histories and other writings of the Heathens and the several kinds of causes of the changes and destructions of humane affairs which I have mentioned Hic Supra Sect. 1. and besides what are mentioned in Scripture the wayes by which men have arrived at Government in Countries after desolations made by those causes of destruction or otherwise when without such Calamities there hath hapned a change in their Government are ordinarily assigned in the like manner by those who write of these things Some have supposed men to have come together Ex terra geniti aut servati ex aliqua vastitate being born from the earth or having been sav'd out of some great desolation So Aristotle The like Herodotus Polit. lib. 2. cap. 6. and others recite concerning the Egyptians the fame of their springing from Nile The Ethiopians their being the first men formed by reason of the nearness of the Sun to them And the like is said by Acosta De natura Noâ— Orbis Lib. 1. cap. 25. of the West-Indians and their opinion concerning the original of Mankind and so of other Nations And as to their Arrival at Government some have arrived at it by the pure consent of others subjecting themselves to them voluntarily others by conquest and some one way some another according to the divers circumstances attending their several cases as hath been said The Capital Distinction of Government amongst men Lib. 1. c. 1. Sect. 1. Vid. Interdicti veneti Histor lâ—b 4. V. The first and capital distinction then of Government amongst men is according to the first division of their affairs above mentioned and that is by the two opposite members of Ecclesiastical and Civil in relation to Divine and Humane Affairs It was the summe of the preface to the Venetians Writings publickly countenanc'd against the Pope in the year one thousand six hundred and six Duplex à Deo Opt max in mundo Regimen Justitutum utrumque ab altero independens unum Spirituale Ministerii Ecclesiastici alterum Temporale Magistratûs Politici That there was a twofold Government in the World instituted by God and either of those Governments independent from the other viz. The one Spiritual of the ministry Ecclesiastical and the other Temporal of the Political Magistrate And therefore the reduction of all Laws is to one of these two sorts L. Justitia D. De justit jure either Divine or Humane Juris prudentia sayes Vlpian est Divinarum atque humanarum rerum notitia justi atque injusti scientia That skill in Law is the knowledge of Divine and humane Affairs Poloniae lib. 1. prop. fin the science of what is Just and Vnjust And as Cromerus sayes of the Poles that they are divided universally into the two states of Laicks and Ecclesiasticks so in all other Countries and in all former Ages there hath ever been the like division of men where they have been members of Regular Societies And both these forts of Government are again to be divided by disparates Cap. 1. Sect. 9. either into such in the General or in the Special or in the Individual as is above more generally mention'd The distinctions of consent also given to Government VI. The distinction also of consent given to both these sorts of Governments mentioned is that it is either Pure as in purely voluntrary Associations under one head or mixt as in Associations to which men are principally mov'd by the sence of Convenience or Necessity And both these are again as concurrent causes either to the making and constituting a Government or else to the establishing one already in the possession of Government And both these sorts of consent again are either personal as every one that is sui juris giveth it for himself or else obligatory of others as in Parents obliging their Children by their act of consent And both these yet again are either only tacitly signified as in acquiescence under Government either of the sorts of it but now mention'd or else which men are further oblig'd to by some overt Hic supra §. 5. and apparent Acts as in the case of their partaking more eminently in the benefits of Government of Subscriptions Church and State Oathes given in and taken by them and the like things common amongst men And that men are oblig'd to consent and submit to Government both in the general and in the special or any of the lawful sorts of it and also in the particular or individual it is both from the Law of Nature which dictates such their consent and submission to be yeelded by them and also from the express Divine Law which commands it from God And as it is thus concerning Government in the State so also it is concerning Government in the Church in any Society That men either entring into or else being already in the Society of any Christian Church are oblig'd to consent to the lawful Government of it in these wayes mention'd And they do also farther oblige themselves to consent and submit to it more specially and expressly by their particular Acts of receiving Baptisme in such a Church partaking in Church Priviledges by Subscriptions Church-Oathes and the like And the like is to be said every way concerning the State in it's capacity in relation also to these things in their several respects which they bear to it and as to their obliging men to acquiess under the Government of it And last of all that consent once given in all these sorts and respects of it doth oblige men to yeild their submission and obedience due to Governours and Government by it it is remarkeably evident from the dictate of the Law of Nature For where right accrues necessarily to another as in this case it doth to Government by a mans own voluntary Act That Act being once passed a man cannot reverse or revoke that right due by it again And the obligation induc'd upon men by consent in the general all lawes have ever Asserted and both in the Canon and Civil Law there is no appeale granted from Arbiters chosen by the parties Litigant And the Doctors of both Lawes do constantly adjust the same things Ab arbitris
appellatio permissa regulariter non est That from Arbiters there is no appeal permitted Regularly Variar Reso lut lib. 2. cap. 12. num 3. The present lawful Government is from God proved in the general and concerning the Church Government in particular Cap. 2. Sect. 2. sayes Covarruvias and so others VII The present lawful Government both Civil and Ecclesiastical in any Society is the Ordinance and appointment of God For so saith the Scripture The Powers that be are ordained of God Rom. 13.1 And the Governours derive their Power also or right of Governing immediatly from God for there is none else hath it to bestow upon them but he as the Omnipotent Creator primarily and as the Supream Governour of the world secondarily as was said above concerning Religion And so saith the Scripture also That therefore the Civil Magistrate in the exercise of his power is the Vicegerent or immediate Minister of God Rom. 13.4 Concerning the Civil Government I shall prove its being from God more at large anon Concerning the Ecclesiastical and the power proper to the Church Governours in a Christian Church Infra hic §. 15. I shall evidence it here and that from the Divine Law of Christ So Matth. 28.18 19 20. at his first giving them their Commission All power is given unto me in Heaven and in Earth go ye therefore c. So St. Paul Heb. 5.4 And no man taketh this Honour to himself but he that is called of God as was Aaron And Eph. 1.20 21 22 23. with Eph. 4.8 and 11. And he gave some Apostles some Prophets some Evangelists some Pastors and Teachers for the perfecting of the Saints c. And the like other Texts might be mentioned Hence in the Law of Moses God himself gave particular Order for the Admission and Consecration and anoynting of Aaron and his Sons to their Priestly Office And the Heathens derived the power of their Priests from their Gods Legib. Dial. 6. And Plato in his Laws would have the Creation of them determined by Lots That so it might be committed to God to take whom he should please by the disposal of them The very same thing which the Apostles of Christ did Acts 1.26 in the case of Matthias in the New-Testament So also in the New-Testament the Bishops of the Seaven Churches of Asia are called the Angels of those Churches And the ordinary Ministers in the discharge of their Function are every where called the Ministers and Messengers of Christ And therefore it is the universally approved assertion of the Law Canon and Schools Praelationem esse à Deo That Prelacy is from God and that for this Reason sayes the Canon Law The Ecclesiastical Censures rightly executed by Church-men are of the same efficacy and as much to be regarded as if they were executed immediatly by Christ himself So the Decretum Decret pars secunda Causa 11 Quaest 3. nemo contemnat c. Nemo contemnat Ecclesiastica vincula Non enim homo est qui ligat sed Christus qui hanc potestatem dedit Dominus fecit hominis tanti honoris Let none contemn the bands of the Church for it is not man that binds but Christ who hath given this Power and the Lord hath made men to be of so great honour And so also Aquinas Prima Quaest 96. In secundum sentent Lib. 2. distinct 44. Quaest 2. Prelatio omnis est à deo That all Prelacy is from God And Durand Prelatio est in hominibus ex ordinatione divinâ That Prelacy in men is from the Divine appointment and Ordination And it is the common vote of the Papal Canonists That Summus Pontifex est supra omnes gradus and Constitutus solo à Deo That the Chief Prelate the Pope is above all Orders and constituted by God alone Practicar Quaest lib. cap. 1. n. 2. §. 4. And Potestas Ecclesiastica sayes Covarruvias in hoc a Civili differt quod ea non est immediate penes totam Rempub sed fuit ab ipso Deo Jesu Petro ut Principi et Apostolis caeteris eorumque successoribus concessa That the Power Ecclesiastical differs in this from the Civil viz. in it s not being immediatly in the hands of the body of the People to bestow But it was granted from God himself Jesus to Peter and the rest of the Apostles and to their Successors But I speak not these things to countenance what is meant by them by these men but only so far forth as they make in the general to my present purpose VIII In the controversie The two constitutive causes assigned from whence the Civil Power is derived in the controversie concerning it concerning the original of Civil Government there are two constitutive and principal efficient causes of the Civil Power assigned The one is God and his immediate donation of it The other is the People and their Authoritative donation of it And both are alledged And because that this Principle of the authoritative donation of the people in this case is directly opposite to the immediate donation of God and that also there are many dangerous consequences and such as are destructive to the very constitution of an Ecclesiastical Uniformity in particular and the Laws of it and particularly the right of Rising in Armes which are derived from this authoritative donation of the people mentioned therefore also I will here farther state the Case concerning both these matters IX The state of the case then concerning the derivation of the power of Government from the people is thus The state of the Question concerning the derivation of it from the people 1. A Primitive liberty of all men by nature is laid down as the Ground and Foundation of it 2. The people by their consent given are said to confer the power of Civil Government over them on their Governours 3. The Governour set up by them is stated not as a Proprietary but only as the peoples Usufructuary and Tenant at Will in the mean time in his Government 4. The power of Government is said to remain fundamentally as they call it all the while in the people and only the exercise of it for the present to belong to the Governour 5. The consequence derived from hence is that the people therefore may resume it in case of Male-administration and reduce all things again to the state of Nature as they call it till another is set up 6. That they may use the means and exercise the right of Resisting rising in Armes c. for the deposing the Prince guilty of such Male-administration if occasion be 7. And Lastly All this is said to be appointed by God and Nature for these ends viz. The wellfare of Religion and the safety of Humane Society from Tyranny These then are the things that in our derivation of the Magistrates Power immediately and authoritatively in a special manner and not only by the concurrence of his general
Civil Liberty of the people under another subdistinction of it when one of their own Country and who was their Natural Prince Rul'd over them So Herodotus before Aristotle In Cli◠in princip says That all the Greeks were free before Craesus his Conquest of them But he means only that they were free from the Rule of of Strangers Other notions of Liberty found in the writings of these Learned men might be mentioned And because they have termed it Liberty in an eminent sense in countenance of the Greek and Roman Democracies and where the people have had the Supremacy therefore some men have supposed them by that assertion and other sayings of theirs to have countenanced their darling notion of Natural Liberty Finally the summe of all is this That wheresoever any thing may be found or supposed to be found in them which may any wayes countenance this notion Pessum dandum est it is not to be suffer'd to stand in Competition with the Authority of Moses and of right Reason assenting to it The other Propositions concerning the Power of Magistracy fundamentally in the People c. in the State of the Question considered XI This Principle then of Natural freedom being thus refuted The other Propositions concerning the peoples conferring Power on Governours and the like derived from it in the State of this Question follow to be considered and that as to their being deriv'd from the two Spring-heads of things mentioned also and concerning any such Power Fundamental in the people to be conferred Authoritatively on Governours and the other following conclusions which are above recited we find no such thing as any of these are derived from the Principle of Natural freedome mention'd neither in the Civil Law nor the Greek and Roman Writers extant either before any part of it or at any time contemporary with it For the Civil Law I shall have occasion to make farther mention of it anon for the Heathen Authors they constantly derived the power of Princes from God Hic infra Sect. 19. and place them as inferiour only to him and make no such mention of the People as is cryed up by our opponents in this business So Homer the most Ancient Greek Poet what more usual with him in his writings then the Epithets of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odys 4. p. 95. and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the like Ibid. p. 85. Iliad 2. p. 63. So in his Iliads 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But the Anger of a King the off-spring of Jupiter is great And his honour is from Jupiter Ibid. lib. 1. So again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And those who defend The Lawes from Jupiter Ibid. And again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Scepter-bearing king and to whom Jove hath given his honour In Trag. Arg. Supplicibus So also Aeschylus brings in the people speaking to their King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Thou art the whole City and the whole People Being a Governour not responsible to any Tribunal And the like Aristotle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That a King according to Law is no kind of Government at all And he is very unskilful in the Ancient Heathen writings who knows not that the constant notion of a King in them is as of one that is the supream in his Dominions and subject to none on Earth Let us proceed to the Latines and amongst them Horace Regum timendorum in proprios greges Carmin lib. 3. Ode 1. Reges in ipsos imperium est Jovis The Dominion of Kings is over their own people But that of Jupiter is over Kings themselves And the like Juvenal Nihil est quod credere de se Satyr 4. Non possit cum laudatur Diis aequae potestas There is nothing which the Power equal to the Gods Cannot believe concerning it self when it is commended And Seneca Vbicunque tantum honesta dominanti licent Thyeste Actu 200. Precario Regantur Wheresoever honest things only are lawful to him that Rules There the rule is Precarious So that thus they ordinarily of these things And where they speak otherwise either it is in the Person of another or else it is concerning the Peoples Offices only where the people had the Supremacy and the like or else there is a very great distraction and confusion in their Writings concerning these things Neither will any man be able to justifie the Principles and Conclusions mentioned upon any other grounds from them and however they are but Humane Authorities XII Having examined then these Propositions from the Causes of them let us do the like also from their effects The state of the Question on the Peoples part consider'd also from it's effects Of which the first is this 1. That our Antagonists render it utterly impossible for a Governour to have right and power conferr'd upon him for if but one in a whole Society either dissent or else do not give his consent all throughout the several Generations of the World continuing naturally alike free from their Birth and till consent given to any Government as is asserted he is a Governour injuriously even to that one and not by right But Infants are not capable of exercising any Acts of Reason and so not of giving their consent in this Case and it is a Rule in the canon-Canon-Law Scienti Consentienti non fit injuria neque dolus That to one conscious and consenting to a thing there is no injury done nor deceit And then the contrary also is a Rule And Quod omnes tangit Sexti Lib. 5. Reg. jur 27. Ibid Reg 20. debet ab omnibus approbari That which concerns all ought to be approv'd of by all and the like If it be said here that the Acts of Parents bind their Children which is true in this matter as was said above in the distinctions of Consent This ruines the whole cause and stumbles upon the true Original of Government Hic Supra Sect. 6 See the Anarthy of limited and mixed Monarchy pag. 8 9 10 11 c. said to be Sr. Robert Filmers Hic supra Sect. 10 in princip Pro populo Anglicano cap. 2. sayes the reputed Sr Robert Filmer So that there is no evading the dilemma in this business 2. In the putting the power of Government into the peoples hands they proceed without any warrant from Scripture Little or no mention at all is made of it as I noted but now Mr. Milton in his intemperate discourse against Salmatius produceth one Text for it and but that one and that is Deut. 17.14 When thou art come into the Land which the Lord thy God giveth thee and shalt say I will set a King over me like as all the Nations about me And one would think he might have answer'd himself from the very next verse that is vers the 15. Thou shalt in any wise set
Tyran Quaest 2. Adversus Monarâ—htam Lib. 3 Cap. 8. De Jure Belli Lib. 1. Cap. 4. Ibid. Lib. 2. Cap. 2. Sect. 2. Alibi Et Lib. 1. Cap. 4. Sect. 7. Alibi says the late Milton the very words of Covarruvias and the other Papal Canonist And Omnia prius tentanda That all other things are first to be tryed says Junius Brutus and the like the others of them that consider the many hazards in the change of a Governour Others concede a Rising with certain more particular limitations Barclay also in the case of extream Tyranny and in defence only Grotius upon supposition that the Publick Weal receive no damage by it and that the Person and Life of the Prince be spared And he makes frequent use of that Rule In omnibus legibus humanis summa necessitas videtur excepta That extream necessity seems to be excepted in in all Humane Laws Yet that is to be understood only where the taking the liberty of the exception will either out-weigh or at least recompense the evil accruing by the deviating from the Rule But we leave all this to the consideration of any versed in Histories of Times and Humane Affairs whether any of these things do enough attend to the Lusts and Corruptions of men the giddiness of the Multitude and the licentiousness of popular insurrections all which do not use to proceed by Logical Rules and cases of Conscience especially when so tempting a thing as the Dominions and Crown of a Prince as we have said is lying open to the Conquerour The Kingdomes of the World and the Glory of them were the third and last essay made Mat. 4.8 by the Great Tempter himself upon the very Saviour of the World Who then shall justifie these allowances of Rising in these Cases against Princes 2. They contradict plain Texts of Scripture in these things also And they are such as command obedience generally and submission to be yielded to Princes and that in opposition to the resistance of them Such are Rom. 13.1 Let every soul be subject to the higher powers And 1 Pet. 2.13 Submit your selves to every Ordinance of man And Rom. 13.2 Whosoever therefore resisteth the Power resisteth the Ordinance of God and Vers 5. Wherefore ye must needs be subject not only for wrath but for conscience sake And it is that First Commandment which I have above mentioned concerning our Neighbour and so much applauded by Plato and others in Moses his Tables Exod. 20.12 Honour thy Father and thy Mother See Tit. 3.1 1 Tim. 2.1 2. 1 Pet. 2.17 c. De Jure Regni apud Scot. prope fin And the like other Texts might be mentioned Frivolous are the exceptions then that are made to so evident Texts of Scripture Buchanan and some others will venture to say That the New Testament Texts against Rising were only Temporary and intended for the Apostles and Primitive times till the Christian Church could get Power of Resistance into their hands But the Primitive Christians never had such a Judgment of them nor can it be thought that they durst imagine St. Paul so to prevaricate And the terms of the Texts are in the Letter of them too general and I do believe will never be certainly nor safely limited in favour of conceding resistance while the world stands So others produce the Examples of the Guards Rising against Athaliah Ehuds killing Eglon Jehu's killing Jesabel and the like to confront these Scriptures by But these and the like acts in Scripture were either made use of on Usurpers and so are but impertinently alledged or else from extraordinary command or impulse and so not ordinarily imitable or else down right impious and so not imitable at all or else at best are but dubious and so not to be compared with such evident Texts to the contrary And last of all In Vindic. contra Tyran Quaest 2. Junius Brutus draws a particular Argument in the case of Religions being endangered by any Prince from a Covenant made says he by the Jews with God to continue in his True Religion But the consequence is not good from a Covenant made with the Jews Church to the like to be necessarily made with any one Church of the Gentiles in any supposed case whatsoever Neither in case the Supream Magistrate amongst the Jews should have turn'd to Idolatry had there been any necessity from that Covenant of the peoples taking the way of Rising for their opposing him in it unless God had particularly prescrib'd it because God could have prevented the Destruction of that Church by many other ways evidently more commodious both for their Divine and Humane Affairs as we see he did also in diverse presidents that might be given from the Scripture History And the Jews by the pretended Covenant made by them in the mean time could not be obliged any further on their part then to the use of lawful means actively and at last to passive obedience Last of all the principle of Rising in Armes particularly in defence of the matters of Religion and of and Ecclesiastical Uniformity refuted Lib. 2. Cap. 5. alibi Lib. 2. Cap. 2. alibi XIII But because this pretence of Rising in Arms in Defence of Religion and particularly in opposition to the Laws of an Ecclesiastical Uniformity in any State doth use to be the most popular so consequently the most dangerous to the Publick of any lightly that is pitch'd upon by any Innovators or Ring-leaders of Sedition and who will be made further mention of hereafter in any State and because that for the Popularities sake of this most specious and prevalent pretence the prevalency of which also with the Vulgar will be made further mention of hereafter it doth use the most frequently to be pitch'd upon and made use of for the serving the designs of the persons and in the case mentioned And lastly because also that it will be in vain that an Ecclesiastical Uniformity and the Laws of it in any State should be constituted if it shall be left free to men by their Rising against Princes to break all the bands of obedience both to those and other Laws either purely at their pleasure or else which is in effect and in this business much at one when their divers impotent fancies and opinions in matters of Religion particularly shall lead them to it therefore we will here in somewhat a more special manner and before we pass farther refute this Principle and pretence mentioned and that only by these three Arguments briefly 1. That the Publick care of Religion is not in Humane Societies the proper and supream charge of any private person as shall be hereafter evidenc'd Lib. 1. Cap. 5. and therefore he that shall undertake to make use of this extream means of open Rising in Armes for the Publick Safety and Defence of it besides the simple sinfulness of the means used shall introduce himself into another mans Province and
meddle with that which is not required at his hands If any man say here that he is bound to take the Magistrate upon him What in opposition to the Magistrate and to the use of his Power and Faculties This will meet with all the difficulties that have been already mentioned and in the consideration of this case of Rising in the general 2. The undoubted strain of the Christian Religion particularly is absolutely against this Principle and pretence mentioned viz. it appoints not propagation of Religion to be made by the sword That is Mahomets Law In Alcoran In Nomine Dei boni viri pugnent In the Name of God let good men fight says he although not in the case mention'd neither But the Law of Christ on the contrary and the main drift of it forbids to do evil that good may come of it Commands by well doing to put to silence the tongues of evil men Presseth to humility and patience and prayer promiseth the third Heaven and Paradise to Martyrdom and to such as take up their Cross and follow their Master nay a more weighty and immortal Crown and an hundred fold recompence for suffering for Christ and for righteousness sake and in case of persecution Certe ubi Superiores ob Religionem mortem intentant Christianis Christus fugam concedit his scilicet quos officii necessitudo nullo loco alligat De Jure belli Lib. 1. Cap. 4. §. 7. ultra fugam nihil says Grotius That truly where the Superiours do threaten death to Christians for the sake of Religion Christ doth concede flight viz. to those whom obligation of duty doth not tye to any place but beyond slight nothing 3. And Lastly As by all these things which in the state of this question have been mentioned already at large on our opponents part and whether they do derive the affirmation of them either from the Divine Natural or Divine positive Law either immediately or by consequence and either as advising or permitting them So also by their asserting this principle in particular they do eminently render Religion in the World inconsistent with Government And whether this Principle Hic infra Sect. 17 18 c. or the things mentioned be also for the good of all Humane Affairs comparatively with their contraries belonging to the debate of this question we shall examine anon The proof of the affirmative part of the Quaestion that the Magistrates power is from God Practicar Quaest Lib. Cap. 1. N. 2 §. 1. Ibid. Ibid. XIV Thus then for the negative part of the Question that the Magistrates Power is not Authoritatively from the People And it is but a very poor and feeble conclusion for so great a Doctor as Covarruvias and others of the Canonists to make That the Civil Jurisdiction is in the power of the People to bestow and that from the nature of the thing says Covarruvias and the two Laws of Nature and Nations because men having the use of their ordinary light of nature in any Society do easily perceive that a Governour is necessary for the conservation of that Society As if it were not a great inconsequence that because Nature dictates the necessity of some Governour over a Society Ergo Ibid. the people must needs have the Power and Act of Constituting him And when he says afterwards That by the same natural light they discern also that he can be constituted by none other and not by God It is false and a foul begging of the Question Ibid. Of the like stamp is that also afterwards That the Prince is not immediately constituted by God and that it was by Divine positive Law that God by his Prophet constituted Saul and the other Kings of Israel in their Kingdoms This is to rob God of his Natural Right and Power over Men accruing to him as Creator and Universal Soveraign Cap. 2. Sect. 2. and Cap. 3. Sect. 7. as I mentioned above in respect to matters of Religion These things then being said I proceed to the proof of the affirmative part of the Question That the Magistrates Power is from God and that more particularly as I mentioned above only from two Topicks or places of Argument XV. First First from Scripture then I will prove it from the whole current of Scripture and that first from the Old Testament and secondly from the New But before I come to do this here is one non-concluding Argument in this matter to be taxed and that is of those who barely from the nature of the Magistrates Power affirm the derivation of it authoritatively and immediately from God And that because the Magistrate hath the power of Life and Death which it is said is not in the peoples power to bestow and that jus gladii must refer to God as the Author c. But the argument doth not conclude aright and that because that wheresoever the giving up of mens lives may make more for the Glory of God and the good of their neighbour then the keeping of them doth there both by the Divine and Natural Laws they have potentiam ordinariam even an ordinary power conceded to them of the doing of it Nay they are obliged and commanded to do it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. Lib. 8. Gap 1. N. 2. says Aristotle That neither ought any Citizen to esteem himself to be his own man but that all owe themselves to their Country And fear not them which kill the body c. saith our Saviour Christ himself Mat. 10.28 and Luk. 8.35 For whosoever will save his life shall lose it but whosoever shall lose his life for my sake and the Gospels the same shall save it Or else however and supposing that this were not so yet God might be suppos'd to have conceded to the people in this fundamental very extraordinary case concern'd in this matter of the erecting of Humane Societies Potentiam extraordinarium a suitable extraordinary power of the disposing both every one of his own life and all conjunctly of the lives of others and that together with the general character pretended for their conferring the power of Government on Magistrates So that there is then no absolute necessity ex natura rei and from the nature of the thing it self only for the proceeding of this power in criminal and capital causes immediately from God And the Divine Precept of non occides will not in the case mentioned and by the exercise of such power in such causes meritorious be violated by the Magistrate neither in the mean time But so much of this We return to the evidencing the Magistrates Power to be from God from Scripture as was said And that 1. From the Old Testament and the voice of the Divine Law amongst the Jews for so it constantly and plainly asserts So concerning the Supream Civil Government in the general God exercis'd his Right in bestowing a general Dominion upon Adam and Noah by taking dominion
ordinarily in holy things like the High Priest in Israel and the Bishops in the Christian Church Anthenio Comaed lib. 14. p. 661. Aristoph in Plut. pag. 71. They had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Priests in the great Mysteries Their ordinary Ministers and attenders at their Altars answerable to such also in the Jewish and Christian Churches Nay they had also even their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Sweepers and keepers of their Temples And all these appropriated to the businesses of their several Functions in holy things So also amongst the Romans Romulus himself Instituted the Colledge of Augures sayes Pomponius Laetus And after him Numa Cap. De Augur and many other Orders of Priests The two Orders of the Salii In Numa and Feciales as Plutarch mentions And the Flamines and others are vulgarly known So also the Druides amongst the Galles mention'd by Pomponius Mela De Orbis Situ lib. 3. and others And the Gymnosophystae amongst the Indians mentioned by Julius Solinus also and others And all these were appropriated also to the businesses of their several offices The like also have been the Orders and Offices in the Christian Church and which are recorded in both Lawes and the Ecclesiastical Histories The Patriarks Metropolitans Arch-Bishops Priests and Deacons and the other inferiour Church-Officers And by the Laws of the Emperours they also were determined to be a distinct Body from the Laity and in their several Stations had the peculiar assignation of the Church businesses to their management and as Churchmen were excluded from the ordinary management of other matters as not being the Proper business of their Function So the Emperours Honorius and Theodosius C. De Episc Et Cler. L. Placet Placet nostrae Clementiae ut nihil commune Clerici cum publicis actionibus vel ad Curiam pertinentibus cujus Corpori non sunt annexi habeant Vid. C. De Episcop Cler. l. nullus Episcopus Et l. Cum Clericis in Judicium Et l. Causa quae fit L. Clericus quoque c. Et De Episcopali Audient l. Episcopale Judicium Et l. Sancimus ut nemo c. Et Novell Constitut 383 c. vid. Capit. Caroli magni Ludovici Pii c. Lib. 6. ut Clerici Judices saecular non adeant Et lib. 5. ut nemo audat c. Et ut Clericus vel Monachus c. Et lib. 7. ut nullus Clericus vel Abbas c. Et de his qui sine jussione Episcopi c. Poloniae lib. 2 circa med infra Ecclesiae Anglicanae Politeiâ Tab. 2. Tab. 2. ◠It pleaseth our Clemency that Clericks should have nothing to do in common with publick Actions and such as belong to the Civil Court to the Body of which they are not annexed And they had also their Ecclesiastical Courts and proper Tribunals before which only ordinarily and first of all they were to be summoned as is to be seen in the several Laws in the Code and Novels of Justinian under the Titles De Episcopis Clericis De Episcopali Audientia ut Clerici apud proprios Episcopos primum Conveniantur and the like And so also in the Ecclesiastical Histories the Canons of Councels and the several parts of the Canon Law down all along the Ages of the Church And the like also in the Theodosian Code and the several later and more particular Lawes of Countries In the Code in the sixteenth Book under the Title De Episcopis Ecclesiis Clericis and in other places And the Lawes of Charlemain Ludovicus Pius Carolus Cabvus and others do every where appoint the same And the like Cromerus recites of Poland Est autem judiciorum Ecclesiasticorum summ a penes Episcopos sayes he Quorum vices gerunt ii quos vocant Vicarios in Spiritualibus Cancellarii Officiales inter quos unus qui est primarius generalis appellatur Caeteri foranei c. That the summe of all Ecclesiastical Judgements is in the Power of the Bishops whose places they do supply whom they call Vicars in Spirituals Chancellors and Officials amongst whom one who is the Chief is called the Vicar General The others are proper to their several Courts And last of all the like recites Doctor Cosin the Dean of the Arches concerning the Constitutions of England And so runs the whole Series generally of the Lawes and practices of all other Countries And it is but natural that businesses of a Calling should be referred to men of a Calling even in the inferiour and more particular vocations in Societies and that those vocations should be distinguish'd and differenc'd according to the different nature and quality of their Affairs The Question Stated whether Church-men may have to do in the Administration of Civil affairs Lib. 1. Cap. 5. §. 6. V. Here then is a great Question arising viz. Whether Church-men may at all intermix in the administration of Temporal affairs in any Society We affirm the Question And but that it may be so in some Cases and for some reasons neither the Law of Nature nor the Divine Law either Mosaical or Evangelical nor the Civil Lawes and Customes of Nations do contradict as we have said already That the same Person may de Jure bear the office of Supream Priest and King And 1. First as to the Light of Nature if the Ecclesiastical Person be considered as a member of Humane Society in the general and so as standing in a Civil as well as an Ecclesiastical capacity it no way contradicts it Nay so farre forth as his intermixing in Civil administrations may make to the good of humane Society and particularly to the Consistency of Religion with Government and the preservation of it and that either by the imployment of eminent abilities in Ecclesiasticks or else by the maintaining any wayes Amity and a Charitative Correspondence betwixt the Ecclesiasticks and Laicks in any Community or by it's promoting the distribution of Justice to both Sorts of Persons in the Courts or the like it prompts to it and pro hic nunc it commands it The Administration of Justice is one of the Principal Pillars of all Common-weals and a charitative Communion betwixt the two States of Laicks and Ecclesiasticks hath been ever endeavoured and wished for by the Lawes and Constitutions and advices of all Princes within their Territories Vt Episcopi Comites Concordes sint In additionibus ad Copit Caroli Magni Additione 4. De Concordia Episcopor et Comit. Comites eorumque ministri Episcopis atque eorum Ministris in omnibus adjutores existant sayes Ludovicus the fourth of France in his Constitutions appointed by him to be published as such by Erchembaldus his Chancellor That his mind and desire was That the Bishops and Noble men should be friendly one to another and that the Noble men and their Retinues should be any
ways assisting to the Bishops and their Retinues Polon lib. 2. Inframed And in the Kingdome of Poland sayes Cromerus Publicum inter Sacrum Militarem sive Equestrem ordinem Controversiarum arbitrium atque transactio penes Regem est That the transaction and determination of publick controversies betwixt the Sacred and Military or Civil Orders De Procuranda Indorum Salute lib. 3. cap. 24. is reserved to the King And it is the saying of Acosta That as a means for the converting the Indians to Christianity Superest tantum Civilem omnem potestatem admoneamus ut in administranda Repub Indorum cum Ecclesiastica germanè conjungatur It remains only that we admonish the whole Civil power that in the Governing the Commonwealth of the Indians it be joyned friendlily with the Ecclesiastical And but that the intermixture of both Laicks in Ecclesiastical affairs which they as Laicks are capable of Administring and of Ecclesiasticks in Temporal may be for the subsequent Reasons a means of promoting these things it will not be doubted of by him that considers how many times Ecclesiasticks are of Eminent abilities in Civil affairs and how a Total or but more ordinary separating in Colloquies and Affairs amongst men in the same Society and those men being consider'd as infirm will beget a consequent separating in affections And lastly how men of a faculty and distinct vocation in the World consider'd as subject to Corruptions are apt to be partial to one another in matters of judicature Many more things might be here said But there is one Exception to be made to all these things and which the Ecclesiasticks are to be caution'd against and that is that while they serve the Law of Nature in the performance of these Offices mention'd to Government and humane Societie they do not in the mean time wrong Religion in the causless and careless neglect of other offices and duties which de facto they may be oblig'd to and which may be belonging to their spiritual Function And this ought to be heeded because the discharge and affairs of that Function are of great moment and worthy the employment of Angels Lib. 1. cap. 4 §. 5 6 7. 2. The Divine Law then is not to be suppos'd to contradict the Law of Nature in those things since the Christian Religion as hath been said is every way a friend to humane Society and the consistency of Religion with Government by which such Society may be maintain'd De imperio Sum. pot Cap. 2. §. 6. That which by some is thought inconvenient in this particular and upon which by Grotius so great a weight is laid that the same person cannot without desultory lightness put on the behaviour of a Magistrate or Civil Officer and of a Clergy-man also such as is described in the New Testament is not so much to be regarded because by a man considering it and the ductileness of Humane Nature to consent to things when accustom'd to them and the divers States of Humane affairs in the several Societies in the World it will be found that a prudent man may sustaine the person of both these at divers times without any such absurdity in manners or however at least as may be a cause of evil paralel to the good he may otherwise do by sustaining both these sorts of offices And as to those New Testament Precepts 2 Tim. 2.4 Of a Minister of Jesus Christ his not entangling himself with the affairs of this Life His giving himself wholly to these things and the like 1 Tim. 4.15 Persons and times are to be distinguish'd and due interpretations are to be added to the Texts As to Persons those that are Novices in the Spiritual Function are to be distinguish'd from those that are not As to Times the Times of Christianity it's being newly a planting and of it's being for a long time establish'd in a Church together with plenty of Ministers and Assistances and less difficulties to be encounter'd with and the like are to be distinguish'd also And as to Interpretations the Rules of Prudence and general Equity are to be adhibited And then no man by any Law or precept whatsoever is bound to apply himself so wholly to the business of any Function but that times and Vacations for the Performance of other due Offices 1 Thes 5.16 17. as occasion requires are allowed We are bid rejoyce evermore and pray without ceasing and the like Yet those Precepts in respect to many other things are in this manner to be Interpreted So that those that ordinarily say That Religion and the Function of the Ministry deserve and require the whole man if they mean Primarily and in respect to the intention of the mind as imploy'd in the Acts of either they say truly But if in this sence we have mention'd they speak only popularly but not Truly Neither do they consider in the mean time that the serving those Offices of Humane Society mention'd is a grand and general precept of Religion 3. Last of all as to the Lawes and Customes of Nations they have very constantly voted for what we have affirm'd also We will begin with the Theocracy of Israel And although it be True that they had their stated distinct Courts both Ecclesiastical and Civil and God did ever distinguish the Office of the Priest and Magistrate and admitted none of the Laity under pain of death to meddle with matters proper to the offices of Church-men either Priests or Levites as is evident from the Case of Corah and his Company Numb 16.8 9 10 31 32. and from Numb 18.7 and Numb 1.51 and other the like Texts yet we shall often find also that in matters of Councel and Judicature and exercise of Government and the like which concerne the Common-good of Humane Society there was an Intermixture of both Laity and Church-men So the supreme Charge of the People was committed jointly to Aaron and Hur a Churchman and Statesman while Moses was absent in the Mount Exod. 24.14 And this was before the Institution of Vrim and Thummim See Exod. 28.30 and the High Priests special way of passing a Divine Judgment by that as also the same intermixture both of the High-Priests and other Priests in Temporal matters was usual after the Loss and Cessation of that way See Ezra 2.63 Nehem. 6.65 at the Captivity of Bà bylon So also the High-priest sate in the great Synedrion or Kings great Councel in Israel Vid. Talmud Bab. in Sanhedrin Ch. 1. And Maimony in Sanhedr C. 1. §. 3 4 5. And Num. 11.16 17. De Repub Hebraeor Cap. 6. De Jure Regni Hebraeor Theorem 2. Their ordinary Number was Seaventy by Gods own Institution The chief Magistrate did Preside And Summus vero Sacerdos sayes Bertram de Jure responsurus erat Septuagesimus secundus That the Chief Priest appointed to give in his vote also was the Seventy Second And propter votorum libertatem non
Can. 4. ibid. Vid. Canon Apost Can. 1.2 Baptising them in the name of the Father and of the Son and of the Holy Ghost c. And the like concerning matters of Discipline John 20.23 Whosesoever sins ye remit they are remitted unto them and whosesoever sins ye retain they are retained And the like also concerning Orders See Acts 1.23 24 25 26. And Acts 14.23 And the like also say the several Councels derivatively from the Scriptures concerning these things So the sixt General Councel of Constantinople in the 64 Canon Non oportet Laicum publicè disputare vel docere sed Ordini à Domino tradito cedere aurem iis qui docendi gratiam acceperint apperire Divina ab iis doceri That it doth not behove a Laick to dispute publickly or to teach but to give place to the Order delivered from the Lord and to open the Ear to those who have received the Grace of Teaching and to be taught by them Divine things So also in the Nicaene Councel of three hundred and eighteen Bishops under Constantine in the fourth Canon concerning the Ordination of a Bishop And in the Apostolical Canons in the first and second Canons concerning the Ordination of the other degrees of Ecclesiasticks and the like in all other Ecclesiastical Constitutions generally down all along the Ages of the Church Vid. Clement Roman Apostolic Constitut lib. 2. cap. 20 30 31 c. lib. 3. cap. 10 11 c. Let the Apostolical Constitutions of Clemens Romanus be looked into And the several Titles in the Sextum Clementines and other parts of the Canon Law concerning the Sentence of Excommunication and the other Censures of the Church and the pronouncing of them And these more general Powers and Rights are those which according to the Nature of them and the vote of all these things do only properly and externally belong to the Ecclesiasticks as such as the like also they have in all particulars whatsoever whether the Church be Incorporate into the State or not Incorporate into the State in any Community that are necessary as to them for the support and preservation of their Ecclesiastical Society And this is a grand Right both Natural and Divine belonging ordinarily to them as Governours in such a Society and he that shall deny them such Power must say that God hath denyed them the means to the end that he hath committed the preservation and support of the Church to them as Governours and Ministers of it and yet that he hath denied the power of doing those things which are necessary for such the preservation of it But yet by these means necessarily to be granted to them we are to be suppos'd to mean spiritual and lawful means De potestat Civili Ecclesiast cap. 3. ad fin Vid. De Imperiosum pot cap. 3. §. 6. 14. Supra lib. 1. cap. 3 §. 20. And in no case particularly that of rising in Armes against the present Lawful Magistrate that would be with Peter to take a Sword in an unlawful way sayes Triglaudius and that is not committed to them and that is against Humane Lawes and Divine and the Law of Nature c. sayes Grotius Although elsewhere he permit it even to any single person in case of extream danger to Rise as we have said heretofore Erastus Answered In Thesibus vid. Thes 74. et alibi X. Erastus hath here of late started a Question by his denial of any need of Church Censures their being executed by Clergy-men under a Christian Magistrate But he is to be answered with their being a purely Spiritual punishment and inflicted in a Spiritual way and for Spiritual ends and therefore that in the Nature and Quality of the thing they do properly belong to Spiritual Persons to use as a means for the support of their Spiritual Society and according to the appointment of Christ And this is to be observed farther That notwithstanding his seemingly favourable advice given to Magistrates in this particular yet no Magistrate since the time of his Writing hath followed it And it will be found true by any one that considers throughly of these things and as I have partly hinted already That he that shall so farre adventure to confound Divine Affairs with Humane as to put the business proper to the Function of the Ministry into the hands of the Laity to be managed Authoritatively by them shall do that which shall tend to the taking away the standing Ordinance of the very Ministerial Function it self and even of all Religion also whatsoever in the end especially if he shall make such confusion in this particular of inflicting Penalties which according to the different kinds of Penalties here pointed at is one Right necessarily belonging to the support of any Government or Society whatsoever either Ecclesiastical or Civil The Character of the Ecclesiastical person's Function is Indelible XI Last of all on the part of the Ecclesiastical Persons the Character also of their Offices impress'd upon them in their first Ordination to them is indelible as to any Humane Power It is in the Power of man to suspend degrade or depose them from the actual execution and discharge of their several Offices as all Lawes and Practices of the World except that of the Papal only have constantly affirmed but God only at first invested them with the Habitual Power belonging to their several Offices and he only can take them away from them again These things then being thus stated and describ'd on the Ecclesiastical Persons part I come next to the part of the Civil Magistrate and to the Rights and Powers belonging to him as such and which are here concern'd also The necessity of some supreme amongst men XII On the part of the Civil Magistrate then first of all this is certain that both in relation to all Humane Affairs more generally and in every Ecclesiastical Uniformity more particularly there must of necessity be some supreme amongst men in every Society For what from Nature the Philosophers say notionally and in the general Averro's Metaph 5. Tom. 6. That Ordo nan datur nisi cum relatione ad aliquid primum there is no order of things but with relation to some first The same also from Art say the Polititians practically and in particular concerning Humane Society that the order of Persons to be observed in every Society of men must necessarily terminate in some Supreme in that Society XIII He then is Supreme in every Society The Supreme person defin'd as to his Political Qualification who hath the Supreme Jurisdiction over all others in that Society And Jurisdiction is defin'd by the Civilians to be Potestatem Juris dicendi A power of giving Law to others XIV The Person Vid. F. Si qui Jus dicenti non obtemperaverit L. unica ¶ Is videtur alibi And as to his person and that is the Civil Magistrate Supra lib. 1. ca. 1. §. 11.
him â and the extent of such indirect power hic Supra §. 9. XVI For the discharge of this trust reposed in him by God there is a necessity of his having an Indirect Power in Spirituals as a Branch of his Supreme Power of Jurisdiction over all conceded to him And this is a great Right belonging to him and such as is principally necessary for the discharge of his Trust mention'd in every Ecclesiastical Uniformity And this is is usually called his external Power in contradistinction to the Ecclesiastical Persons Internal power but now mentioned also in the Church and Church affairs And the extent of it is to the doing of all things 1. Negatively which are not the matters properly belonging to the Ecclesiastical Persons function And secondly positively which are necessary for the discharge of the Trust reposed in the Civil Magistrate And if any man have a mind to take a farther view of the particulars included in this General let him look into the Canon Law For Mutatis mutandis in whatsoever matters the Pope there claimes an indirect Power in Temporals for the support of his Pontifical Greatness in matters answerable on the Magistrates part and according to his Occasions doth it belong justly to him to have an Indirect Power in Spirituals in any Society XVII That this indirect power is his Right both by the Law of Nature and Nations and the Divine Law And this Indirect Power in spirituals is a Right belonging to the Supreme Magistrate in the General both by the Lawes Natural and Divine and by that of Nations also and hath in all Ages and by all particular Lawes of Countries and Practises of men been ever granted to him excepting where the Ecclesiastical Person as such hath unjustly usurped the Authority of the Civil Magistrate and constituted himself as Supreme amongst men as in the Case of Rome XVIII That it belongs to the Civil Magistrate by the Law Natural it is evident from hence First by the Law Natural because he that shall deny such a Power to him must either deny every part of that which we have mentioned yea even the Civil part of the things also to be his Charge and that with an unheard of falsity or else must deny him the means of preserving the welfare of his Charge i. e. must deny him the means necessary to the end and that with a more then tolerable absurdity For to what purpose shall God commit to the Magistrates Charge the welfare of Religion and of the present Lawful Government and of the consistency of Religion with the present lawful Government both Ecclesiastical and Civil as he hath done if he shall not in the mean time grant him the means necessary for the attaining this end and which he himself hath in the Nature of things appointed to be used for the attaining to it Truly this cannot be rationally answer'd And that such an indirect Power in Spirituals as we have mentioned is a means necessary to the attaining this end it will be evident to any one who shall consider the Infirmities and Corruptions of men and by how many thousand pretences and occasions taken from matters spiritual both all Divine and Humane Affairs in any Society may be disturb'd and utterly confounded And if any other then besides the Civil Magistrate shall have the Possession of this Indirect Power in Spirituals and not the Civil Magistrate himself for his occasions how shall he be capacitated to look to his charge mentioned That would be a most imperfect Government sayth Padre Paulo History of the Inquisition Chap. 29. in this business which in it self should not have a means to provide for things necessary but should stay for a Remedy from him that should give it according to his proper interests as the Infirmities and Corruptions of men being considered will be suppos'd concerning others in this matter and not according to the publick necessity Ibid. In his considerations upon the censure of Pope Paul the fift against the Common-wealth of Venice in 4to pag. 31. And saith he farther the opportunity of having power to work after one's own Phansy may cause a Saint to over-run his course and when a Potentate hath not the favour of him that commands in Ecclesiastical Causes Religion is made a Pretext to oppress him And saith he also elsewhere Nature in all her final drifts giveth such faculties and Powers as are necessary for the attaining the same And shall God set down an end and Commandement which cannot be executed without the favour of men this is too great an inconvenience And such then must be the Case of Princes in this business in respect to the preservation of the welfare of their charge yea even of that very part of it which consists in Affairs purely Civil and so belongs primarily and most properly to them and to be looked after by them in the world or else nothing at all doth so if such Power as we have mention'd be not conceded and whether it may be either any suhordinate Magistrate or any Ecclesiastical Person or any other person whatsoever who shall usurp it from him Secondly by the Divine Law XIX That this indirect power in spirituals is conceded to the Civil Magistrate also by the Divine Natural Law it is as evident from the Concession of it by God to the Patriarks and others of Old and to Moses and all the succeeding Kings of Israel afterwards throughout all the several Ages of the Old Testament And in the new we are bid to pray for Kings and all that are in Authority 1 Tim. 2.1 2. that we may lead a peaceable and quiet life in all Godliness and Honesty and the like needless to be recited Thirdly and lastly by the Law of Nations also XX. In the third and last place then let us see what the Law of Nations hath been in this particular and that in both the acceptations of it both as that Law is taken properly and improperly 1. Properly And as to that it hath been a general compact of man-kind ever to treat with the Soveraine Princes of Countries about the state of their Religion So in the Convocating of the Divines of the several Countries to the Oecumenical Councels in the Europian Parts of Christendom yea even in the times and places of the greatest Papal usurpation and the like 2. Improperly And as to that let us view the Lawes and practises of Countries within themselves and in their separate Capacities in respect to others 1. It is to this purpose and for the retaining with more Solemnity the investiture of this Power in Princes amongst other respects that the same person hath been so frequently both King and Priest in so many Ages and Societies in the World Let us look first amongst the Hebrewes I have recited formerly the Tradition amongst them of the first heads of Families their being both Kings and Preists to those that were subject to them And
afterwards when they grew into a settled community under Moses Moses their first Captain that brought them out of Aegypt was both King and Priest Psal 99.6 And so also it was usual with them afterwards for the same person to be both High-priest and chief Magistrate And here is again another Error and non-concluding argument of Grotius concerning these things affirming that De Imper. cap. 2. §. 5. after Moses his time the Coalescence of the cheif Preist-hood and Supreme Magistracy in one Person in Israel was forbidden by a Positive Law of God And that because the Priesthood was restrained only to the Sons of Aaron and so a stranger might not come nigh it But what of that although a stranger might not assume the Priesthood yet doth this argue that a Priest might not assume the chief Magistracy surely no. And therefore the instance of Ozias his being prohibited to meddle with the matters proper to the Priestly Function given by him is not pertinent 2 Chron. 26.17 Ibid. And what thought he of Eli and Samuel See 1 Sam. 2.22 27 28. and Cap. 4.18 and 1 Sam. 7.15 c. and others afterwards were not they both Chief Magistrates and Priests at the same time in Israel Let Josephus be consulted concerning these things Antiquitat l. 5. cap. 12. Ibid. lib. 6. cap. 2. and he sayes that it was from Eli's Throne of Majesty that he fell down and brake his neck when he died And he quotes also Samuels speech which he made to the Israelites as their General at his expedition against the Philistines and his constituting Lawes and Courts amongst them afterwards as their Supreme Magistrate Neither doth Skickardus nor others who write of the things which did incapacitate any man from being King of Israel mention any such thing as the Priesthood amongst them And if the Testimony of Heathen Historie may be any thing in this business then Post Mosen etiam filius ejus Arvas Sacerdos Sacris Aegyptiis Justin lib. 36. mox Rex creatur sayes the Epitomizer of Trogus That after Moses also his Sons Arvas a Priest in the Egyptian Rites was Created King Semperque exinde hic mos apud Judaeos fuit ut eosdem reges Sacerdotes haberent quorum justitia Religione permixta incredibile quantum coaluere And from thenceforth it was alwayes a Custome amongst the Jewes to have the same Persons both Kings and Priests whose Justice being mix'd with Religion it is incredible how well they did together So that thus not only de facto but de Jure it was in Israel Let us pass then from the Jewes to the Heathens in this business As to whom first Divine Plato deserves to be heard Apud Aegyptos sayes he non licet Regem absque Sacerdotio imperare De Regno circa Med. c. That amongst the Egyptians it was not Lawful for any one to Reigne as King unless he were Priest also Nay if any of another Nation did by chance usurpe the Kingdome by force he was constrained after the usurpation of the kingdome to be initiated in holy Orders that so at length he might be both King and Priest Besides saith he farther Thou shalt find that in most of the Cities of the Greeks the cheif Sacrifices of the Divine Worship are committed to the Magistrate to be offer'd up by him And also amongst you sayes he to his Hospes in the Dialogue we may especially take notice of that for they say there that to the King being Created by Lot those of the Ancient Sacrifices which are most Solemne and accustomed to the Country are committed to be offer'd thus Plato And the like sayes Herodotus and Diodorus of other Ancient Nations Aenead lib. 3. and Virgil of Anius Rex Anius Rex idem Hominum Phaebique Sacerdos King Anius the same both King of men and Priest of Apollo And amongst the Romans Plutarch recites it of Numa In Numâ that he first erected the Colledge Pontifical and that he himself was the first Pontifex that ever was Decad. 1. lib. 1. And Livie sayes of him Tum Sacerdotibus creandis animum adjecit quanquam ipse plurima Sacra obibat ea maximè quae nunc ad Dialem Flaminem pertinent That then he applied his mind to the Creation of Priests although he himself did performe the most of Sacred Rites especially those which do now belong to the Flamen Dialis or Priest of Jupiter Decad. 1. lib. 2. And he sayes elsewhere also of the following Kings Quia quaedam publica sacra per ipsos Reges factata erant because certain publick holy Rites were perform'd by the Kings themselves Lib. 54. In Octavio Sect. 31. In Julio Sect. 13. Anastas Germon De Sacris Immunit lib. 1. cap. 9. n. 3. And at the coming in of the Emperours Dio-Cassius and Suetonius recite it of Augustus that he was consecrated High-priest And Suetonius of Julius that before Augustus his time Pontificatum Maximum petiit He sought the Office of Chief-Priest And of the succeeding Emperours it is said also that from Augustus to Gratianus all would be consecrated and called Pontifices Maximi as well as Imperatores High-Priests as well as Emperors Hist Eccles lib. 8. cap. 29. And Maximinus in Eusebius stiles himself Pontifex Maximus amongst the Rest of his Titles and many more Records there are of these things Last of all Let us descend to the Christian Church Martyrologiae 22. August v. Timothei And of the Christian Emperors sayes Baronius That although for the Heathen Roman Religions sake they took not upon them the Name of Pontifices Maximi as the Heathen Roman Emperors did yet they suffered themselves to be inscribed by that Name in their Coins and to be called so in their Panegyricks and the like Elogies made in their praise And at this day both of the Princes of Germany and others in Christendome there are several who are both Magistrates and Priests in their Dominions Vid. Bald. Cons 353 lib. 1. Panarmitan Cons 82. n. 4. lib 1. Cons 61. lib. 1. And what the Great Bishop of Rome is it is eminently known of whom Baldus Panormitanus and others his Canonists do Affirme That he is Supreme Lord in his Temporal Dominions and that he hath a Right of Creating Nobles and of doing all things which Kings do in their Kingdomes and whether this be likely to accrue to him by Succession from St. Peter and as Universal Pastor we leave it to others to Open. Finally Every Prince whosoever he be if he intend to hold his Dominions must of necessity and in many things be Supreme Priest in effect although he be not so by Actual Consecration 2. The express Lawes of Countries have ever conceded the same indirect Power in Spirituals to Princes Epist 8. Such would Plato in his Epistles have granted to them And up and down in many particulars in his Books of Lawes Polit. lib. 6. cap. 8. n. 41.
but tolerating openly and ballancing together with other things all manner of Errors Blasphemies and Atheisme it self in his practising the latitude of it and which things the Judicial or Civil Lawes of Israel did and all Lawes whatsoever of other Societies are bound to prohibit And lastly this ballancing of Opinions cannot be artificially manag'd without perpetual difficulty to the Governour and every dayes danger of sudden eruptions of the more numerous and prevalent party into a Flame And for these and the like reasons it is then That it hath never ordinarily been made use of by setled Governours in any Societies nor by any others upon pure choise at any time but only by Innovators in States and Usurpers of Supreme Authority That while they were stealing up the more securely to the Helme they might busie others about picking of their Bones and ineffably amuse the vulgar The Extreme also of too much strictness assign'd Lib. 2. cap. 6. 5. 6 c. Infra lib. 3. cap. 3. ◠2 3 Infra ibid §. 3. 4 5 6 7. III. There is one extreame also of too much strictness on the other hand and that is the pressing upon men an universal inward unity of Opinion which besides that it is impossible to effect for the Reasons above given and as shall be hereafter mentioned is not neither a means of it self for the generating Peace and Charity amongst men And the Reasons also why it may not be pressed by the Magistrate upon any Society and how farre forth it may not shall be given an account of hereafter The faultiness in such an Uniformity Assign'd also IV. These extreams then being thus assign'd we come also to assign the faultiness in such an Uniformity i. e. Those Indebita and things taxable in it by which it may become accidentally hurtful either to Religion or Government or the consistency of each with other And those are The first of them V. First of all when it reacheth not the Governours occasions in any Society and in respect to the securing his supreme publick right and Charge For so it ought to do because it is a means and instrument appointed by God and Nature for the securing of it The Second VI. When the Magistrates Authority pressing such an Uniformity is urged under the Notion of Divine and his Determination even in all matters whatsoever is by consequence stated formally as the will of God See Dominion Cap. 12. Art 2. And Religion Cap. 16. Art 13 14 15 16 c. And Cap. 12. Art 17 18 c. This is the Assertion of Mr. Hobbs of Malmesbury up and down in his Philosophical Rudiments that it should be so But it consists not with the Divine Law of Christ wherein it is not revealed That God hath committed it to any man or Angel ordinarily to prescribe precepts of Religion but hath reserved that Royalty immediately to himself Indeed the Chair of Rome hath bidden fairly in this matter by the allegation of an infallibility its being annexed to it But concerning an infallible Interpreter in Churches It deserves to be considered whether such a thing be not for the most part needless in an Ecclesiastical Uniformity since in the thoughts of knowing men there will be in most things no more unity of Opinion about such Interpretations then others and also whether it be convenient for the state of Humane Affairs in this World and that upon several accounts And if the pretence of it be intended to amuse the vulgar that is not Honest But briefly since the Divine Law of Christ hath not appointed it to any man to prescribe Religious precepts neither Originally nor by Interpretation we must conclude that it is not so convenient for Humane Societies that there should be such an infallible interpretership constituted and established in them VII The third sort of faultiness in such an Uniformity is The Third when it is excessively comprehensive of things press'd in it And so it may be 1. Qualitatively 2. Quantitatively 1. Qualitatively viz. when it comprehends things simply and in themselves wicked and sinful and proposes and enjoyns them either to be believed or practised accordingly But then this is to be understood of such things as are simply and in themselves so as we say and not of things becoming so by accident For because nothing is so good and lawful in it self but that it may become sinful by accident and because also Cases in which such things may become so are infinite and cannot be foreseen by Humane Prudence or Circumspection therefore it is that Humane Lawes in the framing of them by the Legislative Authority have no respect to such things and as concern'd in the Cases in which they may so become Jura Constitui oportet ut dixit Theophrastus in iis quae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 accidunt non in iis quae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sayes Pomponius in the Civil Law That Lawes are to be Constituted as Theophrastus sayd in those things and Cases which happen out for the most part and not in those which come to pass but seldome And Celsus ex iis F. De legibus Senatus consult c. L. Jura Constitui Ibid. L. 4. Vid. D. Si quis Cautionibus c. Bart. in L. simili modo Et D. Mandati vel contra in L. Austoni item Bartus c. De legibus Dial. 4 paulo post prin Ibid. post quae forte uno aliquo casu accidere possunt Jura non constituuntur That Lawes are not constituted in those matters which may perhaps happen out in one single Case And the several Cases upon the Lawes are explicated and determined by the Doctors accordingly And lastly Plato dicturus eram nullum unquam hominum aliquid lege sancire sed fortunas casusque varios incidentes leges nobis per omnia ferre I was about to say that no man at any time doth establish any thing by Law but that accidents and various chances falling on us do give Law to us in all things And in Conclusion Deum quidem omnia fortunam oportunitatemque simul cum Deo Cuncta Humana Gubernare That God truly doth govern all things and all Humane Affairs Fortune and Opportunity together with God 2. Quantitatively when it proposeth and enjoynes a greater number of things indifferent and as adjuncts of Worship then is convenient There have been allwayes and ought to be and must needs be some Ceremonies in all Churches in the Jewes the Heathens the Christians and Mahometans Churches and are at this day as is to be seen in the several Records concerning these things But then the Ceremonies of Humane Constitution ought not to be to such a number in any Church as to eat up the Divine service it self and to take up more roome then the immediate Worship of God In this kind it is that the Uniformity of the Church of Rome is so faulty The Ceremonial Law as the Jewes say themselves
their People And that because their own judgement of discerning conversant in their own Affairs is their only ordinary and possible directrix for their proceeding in this matter as well as in any others And all lawful Governours in the ranking their Notions concerning the frame and body of Humane Affairs are supposed either by themselves or Assistance to be sufficient for the discharge of their Trust IV. There are certain more particular Rights and Powers which belong to these Governours of Humane Societies Certain more particular Rights belonging to them in this matter In the interim obedience is due to them from private persons for the retaining of this their more general Right in this matter But these will be asserted hereafter in the places proper to them V. In the interim when by the imployment of this Care these Governours have thus once established this their Uniformity in their several Societies private Persons are not to intermeddle in their Province and to the detriment of their Affairs any wayes But it is left to them either to obey actively or else not to disobey but to acquiesce passively And that also only where there may perhaps be just reason as to them for their non-performance of their active obedience and in no other case whatsoever And these are the voyces of all Lawes and wise men in this matter D. De legibus Senatus consult L. 6. Legis virtus haec est imperare vetare permittere punere sayes Modestinus the Civilian That this is the force of a Law to command to forbid to permit to punish And ideo de iis quae primo constituuntur aut interpretatione aut constitutione optimi Principis certius statuendum est sayes Julianus Ibid. L. Et ideo That therefore in those things which are first of all constituted we must determine more certainly either by the interpretation or constitution of the most excellent Prince Et L. Non omnium And non omnium quae a majoribus constituta sunt ratio reddi potest That there cannot be a reason given of all things which are constituted by our Ancestors And Et ideo rationes eorum quae constituuntur inquiri non oportet alioqui multa ex iis quae certa sunt subverterenter That therefore the reason of those things which are constituted ought not to be asked for otherwise many of those things which are certain would be subverted Ibid. L. ideo Rationes sayes Neratius And Tacitus principi summum rerum judicium Dii dederunt subditis obsequii gloria relicta est Annal. 3. That the Gods have conceded the Supreme Judgement of Affairs to the Prince and the glory of obedience is left to the Subject And Gellius Media igitur Sententia optima atque tutissima visa est quaedam esse parendum quaedam non obsequendum That the middle sort of advice seems to be best and most safe that as to some things we ought to obey and as to others only not to be so pliant to Obedience And it is the outcry of Medea in Euripides In Medea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paulo post princip 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 O thou great Themis and venerable Diana Ye see what I suffer Who with great Oaths Ibid. paulo post 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Have bound my accursed Husband And afterwards Oportet autem Hospitem valde se accommodare Civitati Neque laudo Civem qui contumax existens Molestus est civibus propter imperitiam ac insolentiam But it behoves a stranger very much to accommodate himself to the City Neither do I commend a Citizen who being obstinate Is troublesome to the Citizens because of his Ignorance and Insolence And last of all certain liberties belonging to those private persons also in relation to their performance of that Obedience VI. Last of all then there are also certain derivative Latitudes and Liberties which belong to these private Persons in relation to their performance of obedience to these establishments of Princes and which are their derivative Rights in this matter But these also shall be more particularly asserted and unfolded hereafter in the places proper to them DE Jure Vniformitatis Ecclesiasticae OR OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES BOOK III. CHAP. I. Of the two Grand Instruments of an Ecclesiastical Vniformity viz. A Canon of Doctrines and a Liturgy framed according to it I. THe Prescript of the Christian Religion hath been most vexed by Contests And the greater necessity of an Ecclesiastical Uniformity and of this work deduced from it II. A Canon of Doctrines defined and distinguished III. The state of the Case concerning its being the Primary and Principal of the two Grand Instruments in an Uniformity IV. A Liturgy defined and distinguished also V. It is convenient that where a Liturgy is used there be as few other sorts of Publick Services permitted to accompany it as may be VI. The Liturgy also ought to be conformed to the Canon of Doctrines VII The Heathen Jewish and Apostolical Liturgies contested VIII The present Liturgies that are abroad in the world IX The History of the English Uniformity and of its Canon of Doctrine and Liturgy X. Some appendant Questions concerning a Canon of Doctrines and Liturgy resolved XI The First Question XII The Second XIII The Third XIV The Fourth XV. The Fifth XVI The Sixth XVII The seventh and last The prescript of the Christian Religion hath been most vexed by contests And the greater necessity of an Ecclesiastical Uniformity and of this work deduced from it I. THe Prescript of the Christian Religion is the best of any that ever hath been in the World i. e. the most consisting of Doctrines and explicatory of the particular Precepts of the Law of Nature and consequently the most perfectly directive of men in their way to Heaven and as members of Humane Society And yet through the weaknesses and corruptions of men there hath none been the subject of more contentions Men having wire-drawn the doctrinal Texts of it and every Sect and Heresie having suted them to their own turns and all having applyed that and the like Texts of the Apostle to their times and in respect to their Opinions and the opposers of them that there must also be heresies amongst you 1 Cor. 11.19 that they which are approved may be made manifest among you Which things shew the greater necessity of an Ecclesiastical Uniformity in the Christian Church and of this work for the explicating and unfolding of it and the rights belonging to it I come then here in this third and last Book to treat more particularly of that Uniformity and that in a special manner of the two grand instruments of it viz. a Canon of Doctrines and a Liturgy framed according to it A Canon of Doctrines defined and distinguished II. And first of all
from the Law of Nature and the Divine Law From the Law of Nature because it is not the intent of the true Religion at any time by the same act of profession more to hurt humane Society then to benefit it self And from the Divine Law See Mat. 10.16 to 23. Mat. 12.15 16. Mat. 14.13 Jo. 10.39 40. Acts 9.25 c. 2. Negatively on the Magistrates part he may not compel them in a direct and alsolute sence to the positive act of uniting with the national profession and that because the concession of such right of compulsion in him includes concession of Sin And they ought not neither to be compell'd by him either where the national Religion is false and so the act of profession of it is sinful in its self or elsewhere it is against Conscience with them and so that act is sinful by accident And therefore the Primitive Councels of the Christian Church enjoyned repentance and other spiritual punishments in the case of Sacrificing to Idols eating in their Temples and the like and that whether through compulsion or otherwise So the Ancyran Councels Can. 8. and Can. 1 2 3 4 5 6 7 Concil Ancyran apud Carranz Vid. and so others 3. And Lastly and positively in respect to both the Magistrate and the People But yet the Magistrate on his part may compel them on their part in an elective and relative sense i. e. either to change the soyle or suffer present penalties even to Martyrdome and death it self Lib. 1. Cap. 1. §. 8. if he see cause as was above in the beginning of this discourse implyed or else to unite with the National Profession And this is practised and hath ever been in all Societies and is a Right necessary to the support of the welfare of the Magistrates Charge and belongs to him by vertue of his Supream Power over all and both by the Law Natural and Divine by the first primarily and fundamentally and by the second secondarily and by consent And that also because it is the only natural way for securing the Magistrates Charge there being no room for any effect to be expected from Church censures in this Case Quid Ecclesia sayes Beza Nempe ex verbo Dei De Haereticis magistratu puniend Arg. 1. In confirm propros Quaest si infaelix ille corrigi alia ratione non potuerit Satanae eum tradet ut discat non blasphemare Ille contra sese libens ultro ab Ecclesia sejunget Esto igitur in Ecclesia Magistratus Christianus What can the Church do viz. according to the direction of the Word of God if that unhappy person may not be otherwise amended it will deliver him to Satan that he may learn not to blaspheme He on the contrary willingly and of his own accord will separate himself from the Church Let there be therefore in the Church a Christian Magistrate XIV The second The Second Question or Querie is How far forth the Faith once delivered to the Church ought to be contended for Answ 1. The terms of the question suppose it to be the Faith indeed which is contended for for else it is in it self either thankless or sinful to contend for it 2. This Question is to be determined according to the more general determination of the lawfulness or unlawfulness of Religious Contests above stated And that is Lib. 2. Cap. 1. §. 4. so far forth as it doth make to the hurt of any part of the charge of the Magistrate and that either simply or comparatively it ought not to be contended for And the Reasons for this are evident viz. because the Christian Religion is not suppos'd to command any thing as a duty which may render either it hurtful to it self or else to Humane Society 3. And Lastly The affirmitive then is imply'd in this Negative That so far forth as it makes to the benefit of the Magistrates Charge it may and ought to be contended for And these general Rules are to be applyed to all particular cases But yet because all publick contentions are ordinarily dangerous and men do seldom proceed regularly and as they ought to do in these Religious Contests therefore it is that both in their venting and managing of them they do use to be the more narrowly watch'd over by the Laws of all Ecclesiastical Uniformities CHAP. V. How the Canon and Liturgy ought to be Composed in order to their answering to their General Ends. I. A Due care ought to be taken in the composing of the Canon and Liturgy in order to their serving their general ends II. The first Rule to be observed in it as to the matter of them III. The Second IV. The first also to be observed as to the manner of the composing of them and that in order to their being true and lawful V. The Second VI. The case concerning the Princes having power of prohibiting Heretical Synods determined VII The first Rule to be observed in the composing the Canon and Liturgy in relation to the number of Doctrines or sub-alternate kinds of forms which they consist of VIII The Second IX The last Rule to be observed in the Composition of this the Canon and Liturgy I. THe Canon of Doctrines and Liturgy A due care ought to be taken in the composing of the Canon Liturgy in order to their serving to their general ends being of so great moment as hath been mentioned it cannot be thought but that a due and proportionable care ought to be taken in the composing of them And that both as to the matter and manner of their composition And as to both in relation to their serving to their general ends And what those Rules are then that are requisite to be observed in the composition of them accordingly we come here to describe II. And because the third notions of True and Lawful The first Rule to be observed in it as to the matter of them are those under which the national assent is supposed to be given to them Therefore that is the first Rule that is to be observed as to the matter of them That all due care be taken that the Doctrines of the Canon be true and that the forms of the Liturgy be lawful to be us'd And this principally for Religions sake and either as to the procuring or preservation of the welfare of it The Second III. As to the quantity and number of Doctrines that is to be comprehended in the Canon it ought to be regulated according to the occasions of Churches as hath been hinted sometimes heretofore And that because the publick good and the welfare of the charge of the Magistrate being the last and general end of the whole Uniformity it self and of all instruments of it whatsoever it must of necessity follow that the occasions of it are to be served by the Canon in this matter And the occasions of Churches relating to the whole charge of the Magistrate are
account in matters of physick amongst physitians so doth it behove others also to do the like in the like things of their profession sayes Aristotle And Plato in his Common-weal would have a Sanctius Collegium Some more venerable convention of persons of integrity and knowledge and experience and age and none less then thirty years old for the defence and safe-guarding even of his common and ordinary laws VI. The Case then concerning the Princes having power of prohibiting Heretical Synods is from hence easily to be determined For if they shall have a right of sitting and of making what Constitutions they please and of framing what Doctrines they please and the like although they are not under the notion of having publick Authority on their side yet if they shall but make use of the immortal notion of Religion any way for the perswading men of the truth and goodness of these things and shall be left at liberty to do it Who is there amongst Princes that shall be able to stand or to secure the welfare of any part of his charge in the mean time Wherefore the Magistrates Right of prohibiting and suppressing these conventions of men is in the same manner dictated by Nature as we said of the rights of ordering his own National Synod just now The case concerning the Princes having power of prohibiting Heretical Synods determined And it belongs to him partly by vertue of his indirect power in Spirituals and partly by vertue of his Supream Power over all And in the strain of these things run the Imperial Laws Haeretici synacteria seu collectas facere non possunt aut parasynaxes aut Synodos aut ordinationes aut baptismata aut exarchos habere aut paternitates seu abatias aut defensiones instituere aut curare seu administrare villas per seipsos aut per interpositas personas aut quid probibitorum facere Qui transgressus haec fuerit ultimum supplicium luit C. de Haeret. Manichae L. Haeretici Synacteria sayes the Emperour Justinus That Hereticks could not make gatherings together or collections or have conventions or synods or ordinations or baptisms or presidents over them or institute paternities or abacies or defensions of Societies or take care of or administer the Government of Towns either by themselves or by others or do any of those things which were prohibited them and he which did transgress these things was to suffer death And again Haeretici communicantes aut synaxes aut baptismata facientes puniuntur ut qui Leges transgrediuntur qui domos ipsiâ— ad hoc praebent jam sancitis paenis subjiciuntur Soli Orthodoxi intra sacra septa habentes Ergasteria utuntur privilegiis That Hereticks C. Eodem L. Haeretici Communicantes either communicating or making Assemblies or Baptisms were punished as those who did transgress the Laws And those who did afford them houses for those ends were subjected to the established punishments And only those who were Oxthodox and had their places of commerce within the due bounds did enjoy the priviledges and the like And last of all if it be asked here which are Haeretical Synods Truly that must of necessity from his right of prohibiting them be left to the Supream Magistrate in every Country to determine And although it be from the connotation of the terms that that Synod only is in it self Heretical which any wayes tends to the promoting of Heresie yet the Chief Magistrate ordinarily determines every Synod to be so which he judges to be so and which in such a way as he deemeth separates from his national Church And it cannot be helped but that it must be so Neither rebus sic stantibus and as things stand in the world is there any other temper or general fixation to be found out for the Governours of Humane Societies in this business And the Universal Government of them and the Supream swaying of their affairs in the mean time is to be left to the Divine Providence to order it as it shall please and men are to acquiesce in a due manner under them and with prayers and supplications for them VII We come then next to the Rules to be observed in the manner of composing the Canon and Liturgy The first Rule to be observed in the composing the Canon and Liturgy in relation to the number of doctrines or subalternate kinds of forms which they consist of which relate to the number of Doctrines or subalternate kinds of forms which they are to consist of And the first of them is That the Magistrates and Churches Power of enjoyning indifferent things as adjuncts of publick Worship and Rites and customary Ceremonies peculiar to such or such a National Church be conceded to them And that in relation to the welfare both of Religion and Government and therefore it ought accordingly to be conceded to them That they may assert them or propound and enjoyn them to be used either in the Canon or Liturgy in either of their capacities And this right belongs to the Magistrate and Church National representative made use of by him in either of those wayes which we have mentioned and is one of the more particular rights belonging to the Magistrate Supreamly and in his way for the support of his more general right of the framing his Uniformity And the Magistrate hath alwayes and in all Churches retained this right and that in the latitude of it and in both its parts both that of prohibiting as well as of enjoyning such and such things to be used as the adjuncts of Divine Worship So amongst the Romans It is recorded as one of the Laws of the twelve Tables Mulieres Genas ne radunto faciem ne carpunto neve lesum funeris ergo habento In fragment 12. Tab. propo fin Let not the Women cut their cheeks nor tear their face nor make the prohibited lamentation at funerals The same things which were forbidden upon somewhat more particular accounts by Moses his Law before The like constitutions about sacred things are to be found amongst the Turks at this day Prope Med. C. 1566. Prope Med. 98. alibi De turcarum ritu c. Capit. Let Leunclavius in his Supplimentum Annalium in his Pandects Historiae Turcicae Georgieviz and others be looked into And those that do not constitute an Uniformity in these things in their Churches it must needs be acknowledged that they leave the people more open to the contesting of them upon any occasion and that they observe not so good order and so congruous to Humane Nature in matters of Religion as those that do otherwise Chap 3. Of the Lords Supper So in the Corpus Disciplinae where it is said to be left free to every one either to stand go or sit at the receiving of the Lords Supper And as to those Magistrates that do not at all actually exercise this right of theirs let them take heed that in
Ibid. Etiam postea Amplius ait Concl. Catechism meaning the Council of Trent and the Catechismus ad Parochos locis citatis esse necessarium cognoscere ritus illorum significationem ratione quadam scilicet quia magna erit utilitas Caeremoniarum si earum significatio non ignoretur That the Councel and Catechism in the places cited sayes that it is necessary to know the Holy Rites and their signification in some manner viz. because great will be the profit of the Ceremonies if their signification be not unknown and the like others And the like also the Confessions of the Reformed Churches So the former Helvetian Quae media vocantur sunt proprie Sect. 17. De ritibus Caeremon med In Helvet priore iis uti vir pius quanquam libere ubique semper potest tamen scienter ex charitate nempe ad gloriam Dei ad Ecclesiae proximorumque aedificationem omnibus utetur solum That a Godly man may use those things which are called indifferent and are properly so although in all times and places freely but yet however he must use them intelligently out of charity viz. to the glory of God and the edification of the Church and his neighbours only So also that of Bohemia In Bohemica Ibid. Sed tantum pro ornamento Decore honestaque spccie laudabili Disciplinâ habeantur But let them be accounted only for an ornament Et in Gallicâ for decency and an honest shew and commendable Discipline and order And so the French Confession Et eas tantum admittimus quae fovendae Concordiae unicuique in obedientia debita retinendo subservient And we admit only those which serve to the cherishing of concord and to the retaining of every one in due obedience Et in Anglica Ibid. Etiam And so the English De multitudine otiosarum Caeremoniarum scimus Augustinum graviter suo tempore conquestum esse c. Retinemus tamen colimus non tantum ea quae scimus tradita fuisse ab Apostolis sed etiam alia quaedam quae nobis videbantur sine Ecclesiae incommodo ferri posse c. We know that St. Augustine in his time did grievously complain of the multitude of idle Ceremonies but yet we retain and practise not only those things which we know were delivered by the Apostles but also certain other things which did seem to us that they might be constituted without any dammage to the Church because we desire all things to be done in the Church as Paul sayes decently and in order But all those things which we saw to be either very superstitious or frigid or uncomly or ridiculous or contrary to the Holy Scriptures or else unworthy of sober men of which sorts there are an infinite at this day in the Popedom we have utterly and without any exception rejected because we will not have the worship of God to be defiled any longer with such kind of toys And the like the other confessions And there is no doubt but that an Uniformity in these things will conduce to order nor but that the peoples exercising themselves intelligently in their practise and use of them will put them in mind of the obedience they owe to Discipline and Government Nor but that their stirring up men in a common moral way suitable to their Humane Institution and according to the several intentions of their divers significations will conduce to edification and the like Other things might be said concerning them In the interim Pro. See Dr. Mortons Defence worthy to be read Con. The Reply to it both parts Pro. Dr. Burges his Rejoynder in answer to that Con. Dr. Ames his fresh suit in answer to that Also Altare Damascenum The English Popish Ceremonies said to be Gellespies c. See the Conference at Hampton Court by Dr. Barlow p. 70 71. the controversie concerning these matters in the Church of England hath been largely handled and debated and that by the first undertakers of it in the main their Books are to be seen both Pro Con but whosoever will read them let them weigh things on both sides according to the Laws and Rules of an Ecclesiastical Uniformity here laid down and in a due manner and then he will have afforded the Church her due In the mean time the Church is not worthy of blame for being tender of her Authority in this matter In the conference at Hampton Court when the impeachment of Christian Liberty was urged against the imposition of these things in England King James was much moved and told the Opponent That he would not argue that point with him but answer therein as Kings are wont to speak in Parliament Le Roy S'aviserá Adding withall That it smelled very rankly of Anabaptism c. And therefore charged him never to speak more in that point how far he was bound to obey when the Church had ordained Laws Last of all such Ceremonies or circumstances attending Divine Worship may by some advenient or extrinsical reasons and in some particular cases be made more or less particularly requisite to the support of the welfare of any part of the charge of the Magistrate in any National Church which is the case of the Church of England at present in respect to the continuation of the use of her Established Ceremonies And hath been heretofore both on that and the other part of these things in many other Churches The Second VIII We come to the second Rule then to be observed also in this business concerning the Canon and Liturgy And that is That the Magistrates and Churches Right of asserting their due and Establish'd Church Government be also conceded to them And that whether that Government be either of a later or more ancient date as to the actual erection of it in any National Church And this is a Right ordinarily of necessity belonging to the Supream Magistrate for the support of his Government in the State And by the Church Government in any Society we do not mean here onely the substance of it but also the way and manner in which it is exercised for by it it is that it useth to be more exactly fitted in all Societies to the Government in the State And ftom thence it follows that a change in this matter in the Church ordinarily is not without a change in the State Many instances might be given in which it hath been so And then much more also will a change in the substance of it make a change in the State King James at his first coming into England did often recite that saying No Bishop No King And in the Conference at Hampton Court he vouch'd it from his own experience that he had of the Presbyterial Government in Scotland and that which was endeavoured to be establish'd there See the Conference at Hampton Court p. 4. p. 20. That the Soveraignty of a Prince could not consist
these Rules are to be observed viz. That they do ordinarily express so much as they do intend decisely to say concerning these their enjoyn'd Ceremonies either in the Canon or Liturgy or else in some other Authentick writings of theirs explicatory of them And that where they do not make such impression they do reserve farther explication to themselves upon occasion as the light of Nature dictates to them to do in things so mainly concerning the publick welfare and not to leave them to others Lastly That in the mean time in both these cases mentioned They do leave men to use their due liberty of judgement of discerning and to resolve themselves concerning these and the like matters And that also in a greater Latitude in the last of these two cases viz. for that very reason because they have not defin'd nor particularly declar'd themselves Only men are still to look to it that they do not any ways vent such their judgments and resolutions to the hurt of the Publick Charge The case in the general concerning this use of Ceremonies in any National Church is evidently weighty in it self And it is sometimes made farther weighty by accidental contests And whether the Ceremonies in any Church be either established by written Law or Custome or of what sort soever they be this use is to be made and according to these Rules mentioned and that also either more immediately or mediately of the Canon and Liturgy concerning them VI. We come next to their Fourth Vse The Fourth common to them both also And that is For the like determination of mens minds about the form of Government used in any Church And under what notion and in what sense profession of assent is supposed and required to be made to it also viz. in any Oaths taken concerning it or subscriptions made to it or in any the like kind of testimonials of submission to be given in to it by the members of such a Church And concerning this also the same things are to be heeded and the same Rules are to be observed i. e. proportionably and according to their suitable respects to this matter as were mentioned just now concerning the other And the case concerning this also being in it self weighty and because it is many times contested therefore the third notion under which the Church requires the profession of assent to be made to her establish'd Government useth also to be expressed in some of her publick writings And where it is not the power of interpretation is however reserv'd The fifth and last VII The Fifth and last Vse thus to be made then of the Canon and Lyturgy is yet still common to them both also And as it is of great convenience to the people on their part so it is in like manner of very great moment towards the welfare of the publick charge of the Magistrate And that use to be made of them is For the Interpretation of the Magistrates mind and ends in all publick declarations and subscriptions propounded by him to be made in all Church and State Oaths and the like in like manner propounded by him to be taken within his Territories And as to this men may be sure that whatsoever the immediate matter and intent of such assurances taken of them may be yet still the Magistrates last and general ends in them are the same with those of the Canon and Lyturgy mentioned in his Ecclesiastical Uniformity viz. the welfare of Religion and Government and the consistency of Religion with Government And there is not any other centre for his publick actions aimes and endeavours whatsoever they be to tend to and terminate in in his management of his affairs And then Quoties idem Sermo duas sententias exprimit ea potissimum excipiatur quae rei gerendae aptior est De Reg. Jur. F. Reg. 67. says Julianus the Civilian That so often as the same form of speech expresseth seemingly two meanings that is rather to be understood which is more suitable to the affair it concerns And this use is to be made of the Canon and Liturgy in these matters whatsoever the present circumstances of mens cases may be at any time or in any juncture of humane affairs viz. the welfare of Religion and of the present Lawful Government and the consistency of Religion with it is to be attended to by them The Corolary subjoyn'd to these things VIII Last of all these concessions then of the peoples so making use of the Canon and Liturgy as hath been heretofore mentioned are some of those derivative Latitudes and Liberties belonging to them in order to their performance of obedience to the Laws of Princes and their Ecclesiastical Uniformities CHAP. VII What is the Doctrine of the Church in the Canon and Liturgy I. THe several sorts of Doctrines in the Canon and Liturgy assigned II. The Doctrine of the Church distinguished III. The Doctrines of the Canon and Liturgy assigned in the general IV. The more particular distinction of them V. The first sort of them VI. The Second VII The conclusive Rule to be observed concerning the distinguishing of those Doctrines VIII Two conclusive Propositions subjoyned to the main matters of this Chapter IX The first of them X. The second I. WE have defined the Canon to be the Rule or Standard of Doctrines for profession of assent to be made to in any National Church The several sorts of Doctrines in the Canon Liturgy assigned And it hath been asserted That the Liturgy ought to be fram'd according to it We come here to assign what is the Doctrine of the Church in them both Supra Lib. 3. Cap. 1. §. 2. Ibid. §. 6. and in each of them in its several capacity And what are the several sorts of it that profession of assent may be made to it accordingly II. The Doctrine of any National Church then holding an Uniformity is such The doctrine of the Church distinguish'd either originally which is that expressed in the Canon or else by further explication and interpretation And that again is such either pro perpetuo and fixedly which is more principally and primarily that in the Lyturgy or else less principally and secondarily that in the more derivative publick writings or else it is such only pro tempore and upon occasion of emergent controversies And that again is such either as defin'd by the Church and Magistrate immediately or else by their Delegates upon any occasion requiring their resolution of cases And both those again are such either by word or by writing The most of these sorts of the Churches Doctrines we have given hints of here and there already and as we have proceeded in this Discourse But it is evident that that which we expresly enquire after here is the Original Doctrine of the Church primarily and its Doctrine by further explication which is in the Liturgy secondarily And what both these sorts of Doctrines are we shall
Church are to be consulted For we have all along laid down them as the authentick and further interpretations of these more primary publick writings X. The mind of the Law-giver alwayes proper to this sort of writings is in the next place to be remembred And that is The Third that every thing should be so construed as may make most to the welfare of the publick charge viz. of Religion and Government and the consistency of each with either And although the matters of Religion are always supposed to be of the greatest weight as to the everlasting affairs of another world yet the immortal notion of it is not so far to over-possess the mind of men in this business as to make them forget the consideration of the present lawful Government also viz. as that Ordinance of God which is of the greatest moment as to all Humane Affairs as they are temporal yea even as to the temporary and this live's exercise of Religion it self And the like is to be said of Religion taken in its simple notion and as it includes also its consistency with Government So that he that will not erre in the practise of this Rule in the interpreting the Canon and Liturgy must consider of all these things both separately and in conjunction one with another And this mind of the Lawgiver is to be heeded D. de legib Senatuâ— Consult L. Scire Leges 1. In the general Scire Leges non hoc est verba earum tenere sed vim ac potestatem says Celsus That this is not to know the Lawes viz. to have the words of them ready but to understand the force and power of them And Paulus Contra Legem facit qui id facit quod Lex prohibet D. Eodem L. Contra Lâ—gem in frandem vero legis facit qui salvis verbis legis sententiam ejus circumvenit That he doth against the Law who doth that which the Law forbids but he offers deceit to the Law who observing the words of the Law only doth craftily over throw the sense of it 2. In emergent cases of whatsoever nature they shall be and upon whatsoever occasion and particularly when Authority shall at any time chance to be accused of intending to ruine Religion and to destroy Godliness and the like which is never ordinarily to be believed although perhaps it may involuntarily erre in its making choice either of the kind of Religion or else in its constitutions concerning this or that individual sort of Religion But otherwise it 's intention ordinarily in the making such constitutions is onely to render Religion consistent actually with the Government of Humane Societies And the like is to be said of all other the like particular cases a due proportion being held to them and the things mentioned severally and whether the cases be more or less doubtful Benignius Leges interpretandae sunt sayes Celsus again quo voluntas earum conservetur D. eodem L. Benignius That the Laws are somtimes more favourably to be interpreted that the mind of them may be preserved And again also D. eodem L. proxime sequent In ambigua voce Legis ea potius accipienda est significatio quae vitio caret praesertim cum etiam voluntas Legis ex hoc colligi possit That in a word of the Law which is doubtful that signification is rather to be chosen which is not faulty D. de Divers Reg. Jur. L. 96 especially when also the will of the Law may be gathered from it And Maeciamus In ambiguis orationibus maximè sententia spectanda est ejus qui eas protulisset That D. eodem L. 68 Hic supra Cap. 6. §. 7. in doubtful speeches his mind is most of all to be attended to who deliver'd them And last of all that of Julianus which was not long since recited above Quoties idem sermo duas sententias exprimit D. eodem L. 90. ea potissimum accipiatur quae rei gerendae aptior est That so often as the same form of speech expresseth seemingly two sorts of meaning that is rather to be understood which is more suitable to the affair it concerns And that of Scaevola particularly concerning the same aequitas congrua due to the application of the Law to Cases In omnibus quidem maximè tamen in jure aequitas spectanda sit That indeed in all things but most of all in Law Equity is to be had regard to XI In the next place The Authority of the Church The Fourth composing the Canon and Liturgy should in all things weigh considerably with men But In valdè dubiis scrupulosis In things very dubious and scrupulous quite turn the scale with them i. e. So as that they should not be too easie and too hasty in making conclusions against those publick writings or the truth or lawfulness of any thing contained in them viz. so as that they cannot either refer them to Scripture nor consequently assent to them under any immediate notion at all amongst those that may perhaps be considered of as belonging to them And thus much is certainly due to the grave Authority of any National Church in respect to the particular and in themselves generally far more fallible judgments of private men Septimo mense nasci perfectum partum jam receptum est propter Authoritatem doctissimi viri Hippocratis ideo credendum est eum qui ex justis nuptiis septimo mense natus est justum filium esse D. de statu hominum L. septimo mense says the Text in the body of the Civil Law That it was a received opinion from the Authority of the most learned Hippocrates that in the seventh moneth a perfect child might be born and therefore it was to be believed that he which was born in the seventh month after lawful marriage was a lawfully begotten Son And Plato in the case of doubtful propriety Verum si apud Magistratus res de qua agitur conscripta non sit tunc apud tres inter Magistratus seniores usque ad latam sententiam deponatur But says he if the matter De legib Dial. 11. ad princip concerning which is the contest be not registred in the Publick Office then let it be referred to three of the Elder Magistrates for them to decide it XII Last of all the way of interpretation Ex conjecturis The Fifth and Last called by the Rhetoricians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and made use of by the Civilians and all other Faculties in their several ways and according to the subject-matter of their occasions is to be made use of also in relation to the Canon and Liturgy and in the ways proper to the subject-matter of the occasions belonging to them But the sum of all is both in relation to this and all other particular ways of interpretation and in relation to these mentioned and all other sorts of writings that there is one
Temples of God shall be forc'd by money What wall of integrity or Bul-wark of Faith shall we be able to provide if the cursed hunger of Gold shall creep into the Holyes of Heaven So also in the Novels Per presentem Legem sancimus De Ordinatione Episcopor Constitut 137. Cap. 2. ut quoties usu venerit Episcopum ordinari conveniant Clerici Primores Civitatis cui ordinandus est Episcopus propositis sanctis Evangeliis Super tribus personis Psephismata fieri quemque ipsorum jurare secundum Divina Eloquia ipsis Psephismatibus inscribi quod neque per dationem neque promissionem vel amicitiam vel gratiam vel aliam qualemcunque affectionem sed quod scientes ipsos rectè Catholicae fidei honestae vitae excedere trigessimum aetatis Annum ipsos elegerint We appoint by the present Law that so often as by custome it come to pass that a Bishop shall be ordained the Clericks come together and the Chief of that City to which the Bishop is to be ordained and the Holy Evangels being proposed let it be recorded by the Three persons and let every one of them swear according to the holy Scripture and let it be written in the Records that they have not chosen neither by gift nor promise nor friend-ship or favour or any other affection whatsoever but knowing them to be of the Right and Catholick Faith and of an honest life and to exceed the thirtieth year of their Age. Ibid. Paulo post And a little after Jus jurandum autem suscipere eum qui ordinatur per divinas Scripturas quod neque per seipsum neque per aliam personam dedit quid aut promisit neque post hac dabit vel ordinanti ipsum vel his qui sacra pro eo suffragia fecerunt vel alii cuiquam ordinationis de ipso faciendae nomine We appoint also him who is ordained to take an Oath by the Holy Scriptures that he hath not given any thing nor promised neither by himself nor any other person nor will hereafter give either to him that ordains him or to those who have given their sacred suffrages for him or to any other for the passing of his Ordination And the like Laws are to be found up and down in other Books of Laws And the Roman Canonists call Simony Respectorii fol. 258. Summae Lib. 5. de simoniâ summari◠4. Crimen Ecclesiasticum an Ecclesiastical Crime So Panormitanus And Qualiter committatur his versibus comprehende says Hostiensis Munus Lingua Caro Timor atque favor popularis Impediunt gratis spirituale dari How it is committed take it in these Verses A Gift Intreaties Kindred Fear and Popularity Do hinder a spiritual thing from being given freely And Simoniacus autem Idem Ibid. Summar 11. in beneficio vel dignitate constitutus per accusationem deponitur per inquisitionem amovetur A Simoniack being constituted in a Benefice or Dignity is deposed by accusation is removed by inquisition The Second XV. The like respect to the things mentioned also amongst others hath the case of Pluralities which is found in many of the Christian Churches viz. it is constituted and allowed of as one sort of the Ecclesiastical immunities above mentioned Many things have been said concerning it by private persons both Pro Con of late dayes especially and in some parts of the Europaean Christian Churches And heretofore it hath been sometimes allowed of and sometimes prohibited by the Common Lawes of Countries The Rise and Progress of it in the Christian Church is rightly described by Father Paul in his Judicious History of the Councel of Trent Lib. 2. p. 250 251. c. viz. That its first beginning was in favour not of them in Beneficed but of the Church where there was insufficiency of benefices and so as that that Church which could not have a proper Minister might have at least some other Service The exorbitances of it in the Church of Rome have been great and some other Churches separating from it have judged that they have fixed in a mean concerning it some in one way and some in another Many things according to the diversities of the estates and conditions of Countries might be alledged for it both in relation to Religion and Government and the consistency of Religion with Government And since the Christian Churches have come to have grown into a more setled condition of being national it hath been made use of particularly and amongst other things for the consistency of the Ecclesiastical Estate with the Civil and the necessary support of the several degrees of Church-men XVI Thus then concerning the Rewards The Doctrine of Penalties laid down We come next to the penalties belonging to an Ecclesiastical Uniformity in like manner also XVII And first of all they are either of Pain or Loss The several sorts of penalties in an Ecsiastical Uniformity distinguished as in other things And both again are either primary and principal or else secondary and accessory The primary and most proper sorts of Penalties in an Ecclesiastical Uniformity are the Church censures which being spiritual punishments are most properly to be adhibited in spiritual matters And the secondary and accessory are the temporary punishments inflicted by the Magistrate and superadded to those spiritual ones in the case of obstinacy of mind and ineffectualness of those spiritual Punishments XVIII The Church censures The Degrees of Church censures and spiritual penalties proceed in their several degrees as all punishments ought ordinarily to do And that for Plato's Reason in the matter of Laws Legum vero ut videtur sayes he aliae ad bonorum hominum doctrinam ponuntur De legib Dial. 9. ad fin ut per eas intelligant quo pacto inter se amicè versentur Aliae ad compescendas illorum pertinaciam qui indomiti naturâ sunt spretâque omni disciplina nulla ratione moventur quin ad omnem ruant improbitatem That amongst Lawes some as it seems are established for the informing of good men that by them they may understand how to live amicably amongst themselves And others for the restraining of the pertinaciousness of those who are unruly by Nature and all discipline being dispised are by no means prevailed upon but that they will run head-long into all manner of noughtiness And therefore Quanto gravior acerbior est Christi fidelibus excommunicationis censura majoraque interius exterius infert nocumenta tanto maturius cautiorique judicio Ecclesiarum Praelati eorumque Vicarii ea uti debent sayes Covarruvias and the like the other Canonists In Bonifac. octavi Constit quae incipit Alma mater sub Tit. Excom prioris part Relect. §. 9. Tom. 1. That by how much the Church censure of Excommunication is more grievous and bitter to the faithful of Christ and bringeth greater dammages upon them both internal and external by so
Uniformity They are to remember that suffering is not at any time or in any case to be incurr'd but upon just cause and good grounds for it and where doing by reason of the malignity of the thing to be done cannot be And that not it but obedience is the primary intent of all Laws and so even of any Penal Law whatsoever And in vain also are the examples of the Apostles here alleadg'd for mens irregularity divulging of their Opinions in Societies Whose case of their first planting the Christian Religion in the world was so rare and singular in the circumstances of it as that the like cannot possibly now be met with in any Church whatsoever CHAP. XI Of the Testimonials to Profession in an Ecclesiastical Vniformity And what they are I. TEstimonials in the general defin'd and distinguished II. The Testimonials to Profession must be such as fall under humane cognizance III. The distinction of them applyed IV. The Testimonials to Indefinite profession assigned V. And also those to definite VI. Both sorts of these Testimonials ought to be given in sincerely by the professors in Churches VII Whence the necessity of the Testimonials to definite Profession hath sprung in an Ecclesiastical Uniformity I. TEstimonials in the general Testimonials in the general defin'd and distinguished are things bearing witness to any thing And they are either natural or instituted or mixt And each of these are either such as in the matter of them fall under humane cognizance or such as do not The Testimonials to profession must be such as fall under humane cognizance Supra Lib. 2. Cap. 7. §. 10. deinceps passim The distinctions of them apply'd II. Profession being assign'd as the primary and universal medium for charitative communion in any Church the testimonies given in to it in an Ecclesiastical Uniformity must be accordingly such as fall under humane cognizance And that whether they be of either of the more general sorts mentioned either natural or voluntary and instituted or else mixt of both III. The natural Testimonials to Profession are such as in their own nature of things import a witness-bearing to it The instituted are such as do so by institution And the mixt are such as do it both naturally and by institution also The natural are equally common to all Societies under their diversities of applications of them to their divers professions and more particular affairs the instituted are more proper to some And so are the mixt in their more particular applications before others of the same kind and that all of them whether they do testifie either to definite or indefinite profession The testimonials to indefinite profession assign'd IV. The testimonials to indefinite profession of which soever of the sorts mentioned they are are such as are requir'd of all the members of any National Church in common And they do use so to be required Lib. 2. Cap. 7. §. 11. alibi Such are the outward practise of Doctrines above-mention'd the being present ordinarily at the publick worship the partaking in it with others the saying Amen to the Prayers of the Liturgy framed according to the Canon of Doctrine the making use of its several offices for Baptisme and the celebration of the Lords Supper and the like Such are also the using of the Church Ceremonies the bearing of Church-Offices the taking of Oaths for the discharge of them nay such is also mens very acquiescence under the Ecclesiastical Uniformity and the like of either of the sorts of Testimonials And also those to definite V. In like manner also are the Testimonials to definite profession on their part viz. such as are required of some sorts of persons in special to testifie to their more special sort of profession Such are Church-Oaths Subscriptions Declarations Protestations and the like And these do use to be requir'd of persons in more publick and special sorts of station and imployment in relation to the Uniformity Such as ministers or Clergy-men of all sorts and degrees are and who ought to be more eminently exemplary to others in the matters of it Such also as are Physitians and School-Masters who are about the sick who educate youth and the like Such Testimonials also are habits in Ministers And by these and the like ways do obligations of all sorts use to be testified to in special amongst men Illud non interest sayes Vlpian qualis processit obligatio D De novationibus Delegat L. 1. ¶ Vnica utrum Naturalis an Civilis an Honoraria utrum verbis an re an consensu c. That that is not of weight what manner of obligation hath preceded whether Natural or Civil or Honorary D. eodem L. 17. and whether by words or the thing it self or consent And Delegare Scripturâ vel nutu ubi fari non potest debitorem suum quis potest That any one may assign over his Debtor either by writing or Nod C. De Episcop Audientia L. Statuimus hoc Edicto where he cannot speak And in the Code Statuimus hoc Edito in perpetuo valituro ut Potestates Consules sive Rectores quibuscunque fungantur Officiis pro defensione fidei praestent publice juramentum quod de terris suae jurisdictioni subjectis universos haereticos ab Ecclesia denotatos bona fide pro viribus suis exterminari studebunt We do appoint by this Edict to be in force for ever that the Powers Consuls or Governours whatsoever Offices they discharge do give in their Oath publickly for the defence of the Faith that they will study really and with all their might to exterminate all Hereticks which are noted by the Church from the Precincts subject to their jurisdiction C. Eodem L. prox sequent And in the following Law Nemo militet qui non apud acta testificatus cum tribus sit propositis sanctis Evangeliis se esse Christianum Orthodoxum None shall bear Armes who hath not testified in the presence of three Witnesses upon Record the Holy Evangels being proposed that he is an Orthodox Christian Vid. Quibus modis pignus c. L. non videbitur et D. de probationibus praesumpt L. Census monumenta Et eod L. 25. in fin et D. de Test et qui Test et L. ad Testium et L. singulos Testes Et D. de furtis L. 28. ¶ 3. Et C. de Summa Trin. L. cum velimus ¶ 3. et novel 131. Cap. 2. circa Med. See Chap. 1. in princip Supra L. 3. Cap 1. §. 8. See Cap. 1. in fin See the Laws and Statutes paulo post princip Supra Ibid. Both sorts of these testimonials ought to be given in sincerely by the professors in Churches And the like constitutions up and down in the body of the Law are every where to be found and so in other volumns of Laws and Constitutions in the world And in the Corpus Disciplinae he that is called
heretofore mentioned Nay if it were no more but the very Magistrates being of some one of those professions supposed to be all of them purely and equally tollerated and mixt in any Country it would come to determine the controversie in this matter amongst them in the latter end So that upon these accounts it is that this absolute obligation mentioned must be thus annexed to these Testimonials In the case of the Uniformity of England in this particular it was the report made by Wray Chief Justice in the Kings Bench and all the Judges of England That Whereas one Smith subscribed to the Nine and Thirty Articles of Religion with this addition so far forth as the same were agreeable to the Word of God That this subscription was not according to the Statute of the 13 of Elizabeth because the Statute required an absolute subscription and this subscription made it conditional And that this Act was made for the avoiding of diversity of Opinions c. And by this addition the party might by his own private opinion take some of them to be against the Word of God And by this means diversities of Opinions should not be avoided which was the scope of the Statute and the very Act it self made touching subscription should hereby be made of none effect Thirdly and lastly to what things they oblige First the definite and indefinite to their different sorts of matters XII Last of all we come to assign to what things and matters of duty these testimonials oblige And so also XIII First of all the testimonials given in to indefinite profession oblige to indefinite matter and those to definite to definite matter In both the matter is according to the profession and the obligation is according to the matter and the latitude of it And the sort of this Profession called indefinite is here thus to be asserted because it is in all Churches generally indefinite in it self it not being determined by any thing If the intent of the Magistrate in the very proposing of his Uniformity and the Laws of it to be observed be said to determine it it will be denyed that there is any such intent of his imported in that Act of Proposition And that because the indefinite profession mentioned hath all the properties suitable to the several notions and modes of things concern'd in such an Ecclesiastical Uniformity For as on the one hand it doth not necessitate to a total profession so on the other hand also it doth not suppose but that the profession in the mean time may be totall or else however but that the Canon of Doctrines and Liturgy are so warily and skilfully composed the latitudes also which have been mentioned as belonging to the making this profession being considered as that the profession mentioned will be ordinarily deficient but in some either very small or few things And then it follows that it is better for the publick charge of the Magistrate that the accidental case of tolleration by private persons should be left open to the Generality of the members of any National Church they not violating the common profession of any outward Act in the mean time nor he nor any one else not taking any cognizance of any such tolleration as to any particular persons then that they being on the contrary tyed up to a total definite profession they should for every either particular or small dissent be forced to violate the common profession mentioned either by changing the Soyle it is ten to one declaredly for that cause or else by scismatically publishing those their dissentings at home If the edge of these things be again turn'd back upon us as to a definite profession of those select sorts of persons mentioned And if it be said that the inconvenience will be the same in any National Church as to them The answer is that those special sorts of persons are but few comparatively in any Church That the special reasons for their special sort of obligation have been partly mentioned That they are generally of more knowledge to discern and reconcile things Or that any of them however have the liberty not to enter upon such imployments in Commonweals as require their giving in their Testimonials to such definite profession as hath been mentioned And then this liberty being granted it is all the reason in the world that the respects of private persons in this matter should give place to those of the Publick Against Knott See in his Preface §. 39. The judgement then of Mr. Chillingworth concerning the Uniformity of England is here to be reprehended viz. That all that was meant by subscription in the Church of England was That the constant Doctrine of it was so pure that whosoever believes it and lives according to it undoubtedly shall be saved And that there is no errour in it which may necessitate or warrant any man to disturb the Peace or renounce the Communion of it This would serve well for Doctrinals relating to indefinite profession but neither for Doctrine nor Worship relating to a definite Secondly mixtly both of them to the making use of the instruments of the Uniformity XIV In the second place these testimonials both sorts of them mixtly oblige to the making use of the instruments of the Uniformity And that both as to their géneral end which is immediately the promotion and welfare of the Uniformity it self and also as to any of their particular ends whatsoever which also in their several kinds are alwayes to be directed to their general And the Reasons of these things are because what a man professeth assent to it is supposed that he is willing to promote and if to promote it then to undertake to use the means necessary and injunctively appointed to him for the promotion of it and the welfare of it And such is the using the instruments of the Uniformity appointed by the Magistrate in respect to the welfare of the Uniformity it self And the use of such instruments is diversly prescribed and according to the diversity of the natural and ordinary intent of them in all Churches and as hath been all along hitherto in the places proper to the mention of these things mentioned by us And as to their tending as such to their immediate general end things and cases and circumstances concerning both are to be carefully heeded by him that will aright and as he ought to do make use of them to that end And in such cases where reason and prudence shall suggest it the mind of the Law-giver is oftentimes to be preferred before the Letter of the Law And that also is to be alwayes judg'd of by its more eminently tending to the general end mentioned Thirdly to the continuance in profession XV. Thirdly The giving in such testimonials doth oblige also to the continuance in profession of assent once made to the Uniformity And the reasons for it are evident also viz. because of the great hurt which
Interpreters then in any National Church and in relation either to its Temporary or Perpetual occasions to the Original Divine or the Derivative Humane Canon of Doctrines or to the Liturgy or any other more derivative Writings or other matters framed from it and according to it are of divers sorts They are either Supreme or Subordinate The Supreme is the Chief Magistrate as shall be further evidenc'd by and by And the Subordinate are ordinarily and most properly in relation to matters directly concerning Religion the Ecclesiasticks or Church-men in any Society And that in their several Capacities and according to the Designation and intent of their Ecclesiastical Function in the general and also as deputed in Ordinary by the Supreme Magistrate mentioned And in relation to matters more directly concerning Government he hath his Counsel or Ministers of State of what kind soever ordinarily to attend him Yet Omnium tamen harum Interpretandi Scientia Actiones apud Collegium Pontificum erat sayes Pomponius in the Digests D. De Orig. jur L. 2. ¶ Deinde Ex his That the Colledge Pontifical amongst the Romans had so great veneration shewed to them as that they had the power of Interpretation committed to them even in Civil Actions and Causes And this might be either for more Special or common reasons The Subordinate Interpreters then again are such either in Conjunction one with another as in the Church Representative or else simply and by themselves as in more ordinary Cases And in both these Capacities they are so many times in Conjunction one way or another with the Civil Magistrate And in each of these Capacities again their Interpretations also are such either pro tempore or pro perpetuo And those pro perpetuo and fixedly are ordinarily in Writing And those pro tempore and upon any temporary occasion are either in Word or in Writing And the Interpretations of each of these sorts and degrees of Interpreters ought to have their due repute and credit amongst men The Liberties however which have been heretofore mentioned as belonging to the members of any National Church in respect to these Interpretations Lib. 2. cap. 4. §. 4 5 c. And cap. 11. §. 6. alibi The Right of the Supreme in respect to his Interpretorship Asserted being reserved to them in the mean time III. But amongst all these sorts of Interpretors it is the Supreme Interpreter still who stands in the most important relation as was said to the matters of an Ecclesiastical Uniformity and whose office therefore is here most designedly treated of And the Cheif Magistrate hath his Right and Title to this his Supreme interpretorship derived to him from all the three sorts of Lawes which are observable amongst men viz. both from the Law Natural and the Divine and that of Nations also 1. From the Law Natural And it dictates his Right and Title to it evidently and necessary for the preservation of his Publick Charge in all the parts of it and especially in that of the Consistency of Religion with Government Which how easily it may be subverted and the Magistrate wronged and ruined by any other if he shall have the faculties of this Supreme Interpretorship in his hands it was but now mentioned And what a Temptation also the Magistrates Temporal Splendors and his Crown and Dominions will be to any one so to attempt the Ruine of him it needs not be here mentioned neither And this more particular Right and Power then of the Chief Magistrate is one Principal part of his Indirect Power in Spirituals Lib. 2. cap. 11. §. 2. 4. and which is more especially necessary for the retaining his more General Right above mentioned of the framing his Ecclesiastical Uniformity in any Society 2. In like manner also is this Supreme Interpretorship of the chief Magistrate dictated by the Divine Law of both the Testaments and Books of God So in the Old in relation to the Kingdome of Israel At the delivery of the Law at mount Sinai Moses was Gods Messenger most eminently Authorized and went down saith the Text unto the People and spake unto them Exod. 19.25 and vers 24. But let not the Priests and the People break through to come up unto the Lord least he break forth upon them And it was accordingly fixed for a perpetual Law in Israel that the Supreme Judg of Controversies as well Sacred as Civil should be the great Synodrian or Kings Councel assistant to him meant by the Judge in those dayes Deut. 17.9 and 12. And this was the Right which was exercised by Jehosaphat 2 Chron. 19.8 Moreover sayes the Text in Jerusalem did Jehosaphat set of the Levites and of the Priests and of the Chief of the Fathers of Israel for the Judgment of the Lord and for Controversies when they returned to Jerusalem And afterwards vers 11. He deputed Amarieh principally in all Sacred and Zebadiah in all Divine matters And who knowes not but that the Supreme Authority in Israel did exercise the Supreme Power of Judging of all kinds of Superstitions and Idolatries Blasphemies Heresies and even of Prophecies and Miracles and the like See Deut. 12.28 29 30 31 32. Deut. 13.1 2 3 4 5 6 c. Deut. 17.2 3 4 c. Deut. 18.9 10 11 12 13 14 15 16 c. Levit. 24.10 11 12 13 14 15 16 c. If we look into the New Testament the same thing is assented to and approved of by it and although the Christian Church at the Writing of it were not National yet it provides for its being National It commands in the general the giving unto Caesar that which is Caesars Mat. 22.21 It appoints in the case of the Trespass of a Brother the telling it to the Church i. e. as dependent ultimately upon the Chief Magistrate Matth. 18.15 16 17. It appoints Prayers to be made for Kings and for all that are in Authority that we may lead a quiet and peaceable life in all Godliness and Honesty 1 Tim. 2.2 and the like And lastly the Apostles when they practised the first Plantation and setting up of the Christian Religion against the likings and Authority of the Governours of Judea the Roman Emperors and the like it was in the reserved Case of a particular command from Heaven pressing them to it 3. If we look then further to the Law and Customes of Nations the same Tenour of practise also we shall find to have been generally every where observed and in all Ages and humane Societies And it is at least a tacite compact generally amongst them that the Soveraign Prince have the power of the Interpretation and judgment of any publick Doctrines of Religion whatsoever and of the admission and establishment of them in his Ecclesiastical Uniformity So in the admission and establishment of their own Publick Doctrines at home And in all Embassies about the Admission and establishment of them abroad So in the Intreaties and Supplications of
ad Deum converti rescipiscere Omisso vanae gloriae studio odium mutuum ponere monstrosas de fide Catholicâ dissentiones nunquam finiendas disputationes abjicere in unum Catholicae Ecclesiae Sacrosanctum Corpus coalescere in amore proximi ac bonis operibus simul totis viribus in Christo qui caput est unanimes vivere orareque ut nobis gratiam suam concedere dignetur quâ Armati immanem hostem à cervicibus nostris propulsemus ac deinde oppressis hostibus quieti in pace pièque sanctèque vivere queamus i. e. It is time therefore O ye Christian men in whatsoever part of the World ye live to Christ It is time I say for us to awake out of sleep to acknowledge this stroke of the Angry God by reason of our Sinnes unanimously to be converted to God to repent leaving the study of vain glory to lay aside our mutual hatred to cast away our monstrous dissentions concerning the Catholick Faith and those disputations never to be ended to unite into one Sacred body of the Church of Christ and to live unanimously in the love of our Neighbour and in good works together with all our strength in Christ who is our Head and to pray that he would vouchsafe to grant to us his grace with which being armed we may drive away the Cruel Enemy from our necks and so our Adversaries being overcome we may be able to live quiet in peace piously and holily What shall we say then Let the Peace of the Jerusalem of Christ be the study of every sincere Christian Let these things which we have written in this work with our Pen dipt in Sweat for the more publick and common good be imprinted in the hearts of those that read them Especially those of them that make most to the Christian peace and to the preservation and promotion of the welfare both of Religion and Government and the Consistency of each with either in every national Society May the Christian Princes prosper and flourish in their Dominions May Piety and Adoration of the Son of God spring up as it were from the ground amongst private persons May the Christian Church have her Faith propagated and her Borders enlarged by the illumination of the Most High Matth. 16.18 Apud Euseb De vita Const lib. 1. cap. 22. under the Tuition of Princes by the endeavours of her Priests and with the consent of Nations And let the Gates of Hell according to the Promise of him who appear'd from Heaven with his Victorious Crosse to the first Christian Emperour Constantine never prevaile against her THE INDEX A ABassines Their Liturgy 198 Their use of an unknown Tongue in their publick Divine Services 180 The scarcity of Books amongst them Ibid. Abraham his discharging the Priestly Office 124 Accursius his glosses their appearing first of all on the Civil Law In Prolegom ad fin Adam Monarch of the world 34 And his Right to his so being Ibid. His discharge of the Priestly Office 124 Admonitions to the Parliament set forth by the English Presbitrey in Queen Elizabeth's dayes 200 Aegypt Its Fame for Learning and Wisdom heretofore In Proleg in princip Aegyptians Their boasting concerning the derivation of wisdom from their Countrey In Proleg paulo post princip Their custom concerning the same person his being both King and Priest 139 Aequivocation The Doctrine of it condemned 279 Affection Natural the foundations of it 42 The Alcoran not to be read by the Common People 180 Mahomet his trick for the obtrusion of it upon the people 113 Alexander His custome of stopping one Ear when sitting in Judgment 291 Amurat His faining his War to be given him in Charge from Heaven 115 Apostolical Canons very ancient In Proleg circa med Appeals The last in an Ecclesiastical Vniformity ought alwayes to be made to the Chief Magistrate 301 Arch-Bishop of Toledo Chancellour of Castile 130 Arch-Bishop of Canterbury in England his Prerogative Ibid. Aristotle His Politicks the Repute of them In Proleg prop. fin Armenians their Liturgy 190 Assent What kinds of it and the Vnity of it is supposed to an Ecclesiastical Vniformity 225 226 c. Atheisme To be expelled out of Humane Societies 88 Vertual Atheisme Ibid. The causes of Atheisme in Societies Ibid. Atheists Two grand sorts of them Ibid. Athenians Their swearing by their Twelve Gods 176 Attributes of God what they are 17 And the operation of them how to be discerned Ibid. And the effects of them Ibid. And the Operation of them how it proceeds Ibid. St. Augustine His sayings concerning the phrase of the Scripture 251 B Bartolus and Baldus their Esteem amongst the Civilians In Proleg ad fin Beritus Its fate by an Earthquake 31 The Bible ought to be conceded to the Laity in an Ecclesiastical Vniformity 108 Bodine De Repub. His dignity amongst Modern Books of Policy In Proleg prop. fin C Mr. Cameron Taxed Camillus the Dictator his trick for the encouragement of his Souldiers 115 A Canon of Doctrines defin'd and distinguisht 194. The state of the case concerning its being the primary and principal of the two grand instruments of an Ecclesiastical Vniformity Ibid. A Canon or body of Doctrines the necessity of it in an Ecclesiastical Vniformity 163 164 Canon Law The Authority of it In Proleg ad fin The intention of the Compilers and authorizers of it Ibid. Charles of Bourbon his carrying a halter near his colours to hang the Pope with for the encouragement of his Souldiers 115 Cardinals Of the Roman Sea their secular Titles 130 Church Censures the degrees of them asserted 267. They are to be dispenc'd with the least humane mixtures 268 The right of dispensing them to whom it belongs Ibid. They are to be back't by the Magistrate Ibid. He hath the power of controuling the Execution of them Ibid. And also is exempted from them Ibid. Ceremonies The Magistrate hath the right of establishing them in any National Church 235 236. Ceremonies distinguished 236. The Rules to be held concerning the customary ones Ibid. And concerning the adjoyning of them to the Divine Worship 236 237. And the ends of them in Church Services 237 c. Ceremonies in the Church of England the controversie concerning them formerly debated 239. Ceremonies an Vniformity in them convenient in Churches 168. Ceremonies of the Jewish Church the intent of God in them in Israel 196. Ceremonies too great a number of them a faultiness in an Ecclesiastical Vniformity 179 180 The Character of the Ecclesiastical persons Function at first impressed upon him indelible 134 Charge whose is the preservation of the welfare of Religion and Government and the consistency of Religion with Government 73 74 c. A Charge defin'd Ib. and distinguished Ib. The Charge mentioned is the supream Charge amongst men 78. It is perpetually to be looked after Ib. The publick Charge of the Magistrate the causes of all mischiefs to it 111. Charge of the Magistrate its danger of
Magigrates Jurisdiction 204 The scriptural end of such use of them Ibid. The particular gifts concern'd in the performance of the Publick Divine Service in a Church Ibid. The immediate effects of the use of them Ibid. Golden Age of the Poets whence the Fiction of it 32 Government defined 5 and distinguished 5 6 the ways by which men have arrived at it 34. the power of Government at first lodged in the several heads of Families 34 35 the first and capital distinction of Government 36 Government the Ordinance of God 37 the Ecclesiastical Government Gods Ordinance 38 the two constitutive causes of the power of Government which are assigned in the Controversie concerning it 39 the state of the Case concerning the derivation of it from the people 39 the effects of it being derived from the people c. 45 46 47 c. the proof of the power of Government its being from God 51 52 53 54 55 56 c. Not to be proved to be so from the nature of that power 51 52 the distinctions of Government applyed to its consistency with Religion 66 67 Government the Bond of all Humane Societies In Prolegom in princip Governours the difference of Order and Power in them necessary to all Governments of the greater Societies 123 Greece from whence its first Governments were fetcht In Proleg in princip The Greeks called the rest of the World who spake not their language Barbarians In Prolegom post med their distinct orders of Ecclesiasticks 124 Greek Church its Liturgy 198 Its use of an unknown tongue in the Publick Divine Services 180 Grotius taxed 41 127 133 138 His saying concerning the doctrines of the Christian Religion 70 c. Gymnosophistae amongst the Indians their distinction of their Orders of Ecclesiasticks 104 105 H Hampton Court the conference at it betwixt King James of England and the dissentors from the EnglishVniformity 201 Hebrews their observation concerning the distinction of the Offices of Moses and Aaron 124 Heresie to be punished any where 87 and as a mixt fault both against the Church and State Ibid. Heresiarks the persons ordinarily guilty of the faults of malice against the publick charge of the Magistrate in an Ecclesiastical Vniformity 117 Herodotus his saying concerning the divided Government and different Opinions of the Thracians 155 Hesiod his Admonition to Kings 58 59 Humane Affairs the first and capital division of them 1 Histories of the Greeks and Romans the notable examples of prudence in Governours in them In Proleg in fin Holiness of presons no rule to judge of the truth of their Opinions by 290 The pretence of holiness condemned Ibid. Homilies the use of them in Churches 295 I Jacobites their Liturgy 198 Jesuites their banishment from the Venetian Territories 65 Jesus Christ not admitted as a God by the Romane Senate 15 Jewes their parabolical doctrines 113 their Liturgy 198 their saying concerning the flourishing of Israel In Proleg in princip Their hatred of the Samaritans 155 their Law carried with Titus in Triumph In Prolegom circa med Jewish State the occasions of it twofold 196 Jewish Church the records of it defective 197 the diversity of the settlements of it 170 Imprudence the faults of it committed against the publick charge of the Magistrate and the persons guilty of the commission of them 111 their guilt evidenc'd 112 their particular faults instanced in in respect to the particulars of the Magistrates charge 112 113 114 c. Indirect Power in Spirituals that belonging to the Civil Magistrate in every Ecclesiastical Vniformity 136 and the extent of it 136 137. and the Magistrates Right to it 137 138 139 140 c. He may commit the exercise of it to others 147 148 Inquisition of Spain what course it holds as to the Kings Prerogative 144 and that of Italy as to the Pope Ibid. The Inquisition admitted in Dominions of Princes by compact 145 The Interdiction of Venice by Pope Paul the 5th the sense of the Princes about it 143 Interests temporal the mixing of them with mens zeal a cause of Religious contests 92 Interpretation the liberty of it in respect to the Canon and Liturgy in any National Church belongs to private persons as their right 253 That their Interpretation distinguished 253 254 the Rules by which they are to proceed in it assigned 254 255 256 c. Interpretorship in an Ecclesiastical Vniformity of how great moment the Office of Supream Interpretor is 302. The Authentick Interpretors in any National Church distinguished and the Supream assigned 302 303. His right to his Office asserted 303 304 c. the opposers of it 307 308 Josephus the principal Jewish Historian In Proleg circa med Israel the distribution of the rights of an Ecclesiastical Vniformity in it In Prolegom in princip Italy the variety of Religious Rites brought of old into it 14 Julian the Apostate his letter to Arsacius that he should take the form of Religion upon him 290 Jurisdiction in spirituals the rights of Ecclesiasticks 132 K King the notion of him in the Ancient Heathen writings 45 King and Priest why the same person hath so frequently been so in Societies 138 139 c. King James of England his Objection made to the Bishop of Rome concerning his Prerogative 147 The Kings of England Sweden Spain Denmark c. Soveraign Princes in their Dominions 135 Knights Ecclesiastical amongst the Venetians 130 L Law of the twelve Tables amongst the Romans concerning funerals 235 236 and concerning a bone broken 269 c. Law-givers the famous ones amongst the Greeks In Prolegom post med Laws from whence their necessity amongst men 33 34 Laws defined and distinguished 100 The great reason of the restraint of private persons by them 101 102 Lay-Elders their absurd mixture with Ecclesiasticks in the Ecclesiastical Regiment 299 300 Laynez his Answer in the Tridentine Council concerning reformation in the Court of Rome 240 Leunclavius his exhortation to Christian peace 309 Liberty defined 43 and distinguished 43 and defin'd in the most absolute notion of it 100 the worth of it 101 Liberty of the Subject defined 101 it ought to be preserved in an Ecclesiastical Vniformity Ib. Christian liberty defined and distinguished 104 Liberty of mens judgment of discerning in matters of Religion distinguished and defined Ibid. The exercise of it asserted 105 the due limitation of such the exercise of it Ibid. Liberty of profession and outward actions ought to be regulated by humane Laws 106 Liberty of opining applyed to the matters of the Canon and Liturgy in any National Church 288 Those matters distinguished and the due extent of it 288 289 Cautions concerning it 290 291 Liberties those of the people relating to an Ecclesiastical Vniformity distinguished 100 their primitive spiritual and Ecclesiastical liberties described and asserted 103 three sorts of them 104 the liberties and latitudes conceded to men in relation to the fixing their notions concerning things 273 A Liturgy defined and distinguished 195 should be accompanied with