sit conditio Iudaeorum qui etiamsi tempus libertatis non agnoverint legalibus tamen sarcinis non humanis praesumptionibus subjiciuntur For although we cannot positively say how such things as these do manifestly iâ—â—pugn our Faith yet in that they load our Religion with such servile burdens which the mercy of God hath left free for all other observations but the celebration of some few and most clear Sacraments that they make our condition worse then that of the Iews for they although strangers to Gospel Liberty had no burdens charged upon them by the Constitutions of men but only by the Law and Commands of God Which Sentence and Reason of his I leave to the most Impartial Judgement of every true sober minded Christian. And thus I am at last come through this Field of Thorns and Thistles I hope now to find my way more plain and easie So much for the fourth Hypothesis The two next will be discharged with lesser trouble Hypoth 5. What is left undetermined both by Divine Positive Laws and by Principles deduced from the Natural Law if it be determined by lawful Authority in the Church of God doth bind the Conscience of those who are subject to that Authority to Obedience to those Determinations I here suppose that the matter of the Law be something not predetermined either by the Law of Nature or Divine Positive Lawâ— for against either of these no Humane Law can bind the Conscience For if there be any moral evil in the thing Commanded we are bound to obey God rather than men in which case we do not formally and directly disobey the Magistrate but we chuse to obey God before him And as we have already observed a former Obligation from God or Nature destroys a latter because God hath a greater Power and Authority over mens Consciences then any Humane Authority can have And my Obedience to the Magistrate being founded upon a Divine Law it must be supposed my duty to obey him first by virtue of whose Authority I obey another then the other whom I obey because the former hath commanded me If I am bound to obey an Inferiour Magistrate because the Supreme requires it if the Inferiour command me any thing contrary to the Will and Law of the Supreme I am not bound to obey him in it because both the derives his Power of Commanding and I my Obligation to Obedience from the Authority of the Supreme which must be supposed to do nothing against it self So it is between God and the Supreme Magistrate By him Kings reign God when he gives them a Legislative Power doth it cumulativè non privativè not so as to deprive himself of it nor his own Laws of a binding force against his So that no Law of a Magistrate can in reason bind against a Positive Law of God But what is enacted by a Lawful Magistrate in things left undetermined by Gods Laws doth even by virtue of them bind men to Obedience which require Subjection to the Higher Powers for Conscience sake So that whatsoever is left indifferent Obedience to the Magistrate in things indifferent is not And if we are not bound to obey in things undetermin'd by the Word I would â—ain know wherein we are bound to obey them or what distinct Power of Obligation belongs to the Authority the Magistrate hath over men For all other things we are bound to already by former Laws therefore either there must be a distinct Authority without Power to oblige or else we are effectually bound to whatsoever the Magistrate doth determine in lawful things And if it be so in general it must be so as to all particulars contained in that general and so in reference to matters of the Church unless we suppose all things concerning it to be already determined in Scripture which is the thing in Question and shall be largely discussed in its due place Sixthly Hypoth 6. Things undetermined by the Divine Law Natural and Positive and actually determined by lawful Authority are not thereby made unalterable but may be revoked limited and changed according to the different ages tempers inclinations of men by the same Power which did determine them All Humane Constitutions are reversible by the same Power which made them For the Obligation of them not arising from the matter of them but from the Authority of the Person binding are consequently alterable as shall be judged by that Power most sutable to the ends of its first promulgation Things may so much alter and times change that what was a likely way to keep men in Unity and Obedience at one time may only inrage them at another The same Physick which may at one time cure may at another only inrage the distemper more As therefore the Skill of a Physitian lies most in the application of Physick to the several tempers of his Patients So a wise Magistrate who is as Nicias said in Thucydides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The Physitian to cure the distempers of the body Politick and considers as Spartian tells us Adrian used to say in the Senate Ita se Rempub. gesturum ut sciret populirem esse non propriam that the Peoples Interest is the main care of the Prince will see a necessity of altering reforming varying many Humane Constitutions according as they shall tend most to the ends of Government either in Church or State Thence it is said of the several Laws of Nature Divine and Humane that Lex naturae potest poni sed non deponi Lex divina nec poni nec deponi Lex humana poni deponi The Law of Nature may be laid down as in case of Marriage with Sisters in the beginning of the world but not laid aside the Law of God can neither be laid down nor laid aside but Humane Laws both may be laid down and laid aside Indeed the Laws of the Medes and Persians are said to be unalterable but if it be meant in the sense it is commonly understood in yet that very Law which made them unalterable for they were not so of their own Nature was an alterable Law and so was whatever did depend upon it I conclude then whatever is the subject of Humane Determination may lawfully be alter'd and changed according to the wisdome and prudence of those in whose hands the care of the Publick is Thus then as those things which are either of Natural or Christian Liberty are subjected to Humane Laws and restraints so those Laws are not irreversible but if the Fences be thrown down by the same Authority which set them up whatever was thereby inclosed returns to the Community of Natural Right again So much for these Hypotheses which I have been the longer in explaining and establishing because of the great influence they may have upon our present Peace and the neer concernment they have to this whole Discourse the whole Fabrick of which is erected upon these Foundations CHAP. III. How
be a Power Governing is supposing a Society of the immutable Law of Nature because it is that without which no Society can be maintained And this is one of those things which are of the Law of Nature not in an absâ—lute state of Liberty but supposing some Acts of Men which once supposed become immutable and indispensable As supposing Propriety every Man is bound to abstain from what is in anothers Possession without his consent by an immutable Law of Nature which yet supposeth some Act of Man viz. the voluntary introducing of Propriety by consent So supposing a Society in being it is an immutable dictate of the Law of Nature that a Power of Government should be maintained and preserved in it So I say for the second thing Order This as it implies the Subordination of some in a Society to others as their Rulers is immutable and indispensable but as to the Form whereby that Order should be preserved that is whether the Government should be in the hands of one or more is no wise Determined by the Obligatory Law of Nature because either of them may be lawfull and usefull for the ends of Government and so neither necessary by that Law For as to the Law of Nature the Case is the same in Civil and Religious Societies Now who will say that according to the Law of Nature any form of Government Monarchy Aristocracy Democracy is unlawfull These things are then matters of Naturall Liberty and not of Naturall necessity and therefore must be examined according to positive Determinations of Divine and Humane Lawes where we shall speak of it This then is clear as to our purpose That a power in the Church must be constantly upheld and preserved fitly qualified for the ends of Government is an immutable Law so that this power be lodged in some particular Persons to act as Governours and so distinct from others as subordinate to them but whether the Power of Government come from People by Election or from Pastors by Ordination or from Magistrates by Commission and Delegation whether one two or all these wayes is not determined by Naturall Law but must be looked for in Gods positive Laws if not there neither to be found we must acquiesce in what is determined by lawful Authority The same I say again as to forms of Government whether the Power of sole Jurisdiction and Ordination be invested in one person above the rank of Presbyters or be lodged in a Colledge acting in a pâ—rity of Power is a plea must be removed from the Court of common Law of Nature to the Kings Bench I mean to the positive Lawes of God or the Supream power in a Common-wealth There being no Statutes in the Law of Nature to determine it it must be therefore Placitum Regis some positive Law must end the controversie We therefore traverse the Suit here and shall enter it at the other Court The second thing dictated by the Law of Nature is That the persons imployed in the immediate Service of God and entrusted with the Power of governing the Society appointed for that end should have respect paid them answerable to the Nature of their imployment This appears to have foundation in the Law of Nature being easily deducible from one of the first principles of that Law that God is to be worshipped if so then those whose imployment is chiefly to attend upon himself ought to have greater Reverence then others By the same Reason in Nature that if we do honour the King himself the nearer any are to the Kings Person in attendance and imployment the greater honour is to be shewed them The ground of which is that the honour given to servants as such is not given to their persons but to their Relation or to the one only upon the account of the other and so it doth not fix and terminate upon themselves but rebounds back and reflects upon the Original and Fountain of that Honour the Prince himself So if any be honoured upon the account of their immediate imployment in the service of God it is God who is chiefly honour'd and not they it being the way men have to expresse their honour to God by shewing it proportionably and respectively to those who either represent him or are imployed by him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Chrysostome speaks in this very case The honour pâ—sseth through them to God himself Where he largely proves this very thing from the Egyptians sparing the Lands of their Priests and argues at least for an equality of honour from reason to be given to those who serve the true God Nay he is so far from looking upon it as part of their superstition that he mounts his argument à pari to one à minori ad majus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is As much as truth exceeds errour and the servants of God do the Idol-priests so much let the honour we give to them exceed that which was given by the Heathen to theirs But we have a further evidence of the honourablenesse of this imployment by the light of Nature from the persons imployed in this work before any positive Laws did restrain it For I say not that the Law of Nature doth dictate that the function of those imployed in this work should be differenced from all other that is done by Divine positive Laws but the honour of those in that function is from the Law of Nature which appears hence in that in the eldest times those who had the greatest authority civil had likewise the sacred conjoyned with it For as Aristotle rightly observes that the originall of civil Government was from private families so in those families before they came to associate for more publike worship the Master of the family was the Priest of it Thence we read of Noahs sacrificing Abrahams duty to instruct his family and his own command for offering up his Son we read of Iacobs sacrificing and Iobs and so of others Every Master of the family then was the High Priest too and governed his family not only as such but as a religious Society Afterwards from what institution we know not but certainly the reason of it if it were so was to put the greater honour upon the eldest son it is generally conceived that the first-born had the Priesthood of the Family in their possession till the time of the Leviticall Law The Jewish Doctors think that was the Birthright which Iacob procured from his Father and which Abraham gave to Isaac when it is said that he gave him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 all that he had For saith Postellus if it be meant in a literall sense how could he give those gifts to his other Sons which are mentioned before Wherefore he conjectures by that All is meant the spiritual knowledge of Christ which he calls Intellectus generalis which might be more proper to him as Priest of the family But the plain meaning is no more than
comparison of Christ with Moses from the equal necessity of forms of Government now which there is for other Societies from the perfection and sufficiency of the Scriptures all other arguments are reducible to these three Heads Of these in their order First From the comparison of Christ with Moses they argue thus If Moses was faithfull in his house as a servant much more Christ as a Son now Moses appointed a particular form of Government for the Church under the old Testament therefore Christ did certainly lay down a form of Church Government for the New Testament To this I answer first Faithfulnesse implyes the discharge of a trust reposed in one by another so that it is said vers 2. he was faithful to him that appointed him Christs faithfulnesse then lay in discharging the Work which his Father laid upon him which was the Work of mediation between God and us and therefore the comparison is here Instituted between Moses as typical Mediator and Christ as the true Mediator that as Moses was faithfull in his Work so was Christ in his Now Moses his faithfulnesse lay in keeping close to the Pattern received in the Mount that is observing the commands of God Now therefore if Christs being faithfull in his office doth imply the setling any one form of Goverment in the Church it must be made appear that the serling of this form was part of Christs Mediatory Work and that which the Father commanded him to do as Mediator and that Christ received such a form from the Father for the Christian Church as Moses did for the Jewish To this it is said That the Government is laid upon Christs shoulders and all power in his hands and therefore it belongs to him as Mediatour Christ I grant is the King of the Church and doth govern it outwardly by his Laws and inwardly by the conduct of his Spirit but shall we say that therefore any one form of Government is necessary which is neither contained in his Laws nor dictated by his Spirit the main original of mistakes here is the confounding the external and internal Government of the Church of Christ and thence whensoever men read of Christs power authority and government they fancy it refers to the outward Government of the Church of God which is intended of his internal Mediatory power over the hearts and consciences of men But withall I acknowledge that Christ for the better government of his Church and people hath appointed Officers in his Church invested them by vertue of his own power with an authority to preach and baptize and administer all Gospel-Ordinances in his own Name that is by his authority for it is clearly made known to us in the Word of God that Christ hath appointed these things But then whether any shall succeed the Apostles in superiority of power over Presbyters or all remain governing the Church in an equality of power is nowhere determined by the Will of Christ in Scripture which contains his Royal Law and therefore we have no reason to look upon it as any thing flowing from the power and authority of Christ as Mediator and so not necessarily binding Christians Secondly I answer If the correspondency between Christ and Moses in their work doth imply an equal exactnesse in Christs disposing of every thing in his Church as Moses did among the Jews then the Church of Christ must be equally bound to all circumstances of Worship as the Jews were For there was nothing appertaining in the least to the Worship of God but was fully set down even to the pins of the Tabernacle in the Law of Moses but we find no such thing in the Gospel The main Duties and Ordinances are prescribed indeed but their circumstances and manner of performance are left as matters of Christian-liberty and only couched under some general Rules which is a great difference between the legal and Gospel-state Under the Law all Ceremonies and Circumstances are exactly prescribed but in the Gospel we read of some general Rules of direction for Christians carriage in all circumstantial things These four especially contain all the directions of Scripture concerning Circumstantials All things to be done decently and in order All to be done for edification Give no offence Do all to the glory of God So that the particular circumstances are left to Christian-liberty with the observation of general Rules It is evident as to Baptism and the Lords Supper which are unquestionably of divine Institution yet as to the circumstances of the administration of them how much lesse circumstantial is Christ then Moses was As to circumcision and the pass-over under the Law the age time persons manner place form all fully set down but nothing so under the Gospel Whether Baptism shall be administred to Infants or no is not set down in expresse words but left to be gathered by Analogy and consequences what manner it shall be administred in whether by dipping or sprinkling is not absolutely determined what form of words to be used whether in the name of all three persons or sometimes in the Name of Christ only as in the Acts we read if that be the sense and not rather in Christs Name i. e. by Christs authority Whether sprinkling or dipping shall be thrice as some Churches use it or only once as others These things we see relating to an Ordinance of Divine Institution are yet past over without any expresse command determining either way in Scripture So as to the Lords Supper What persons to be admitted to it whether all visible professors or only sincere Christians upon what terms whether by previous examination of Church-officers or by an open profession of their faith or else only by their own tryal of themselves required of them as their duty by their Ministers whether it should be alwayes after Supper as Christ himself did it whether taking fasting or after meat whether kneeling or sitting or leaning Whether to be consecrated in one form of words or several These things are not thought fit to be determined by any positive command of Christ but left to the exercise of Christian-liberty the like is as to preaching the Word publike Prayer singing of Psalmes the duties are required but the particular Modes are left undetermined The case is the same as to Church-governwent That the Church be governed and that it be governed by its proper Officers are things of Divine appointment but whether the Church should be governed by many joyning together in an equality or by Subordination of some persons to others is left to the same liberty which all other Circumstances are this being not the Substance of the thing it self but onely the manner of performance of it 3. I answer That there is a manifest disparity between the Gospel and Jewish state and therefore Reasons may be given why all Punctilioes were determined then which are not now as 1. The perfection and
Religion and the publick order for the service of God an Assembly of select Divines is call'd by special order from the Kings Majesty for debating of the settlement of things according to the Word of God and the practice of the Primitive Church These sate as Mr. Fox tells us in Windsor Castle where as he expresseth it after long learned wise and deliberate advises they did finally conclude and agree upon one uniform order c. No more is said by him of it and less by the late Historian The proceedings then in order to Reformation being so dark hitherto and obscure by what is as yet extant much light may accrue thereto by the help of some authentick MS. which by a hand of providence have happily come into my hands wherein the manner and method of the Reformation will be more evident to the World and the grounds upon which they proceeded In the Convocation that year sitting with the Parliament I find two Petitions made to the Archbishop and the Bishops of the upper house for the calling an Assembly of select Divines in order to the setling Church-affairs and for the Kings Grant for their acting in Convocation Which not being yet to my knowledge extant in publike and conducing to our present business I shall now publish from the MS. of Bishop Cranmâ—rs They run thus Certain Petitions and requests made by the Clergy of the lower house of the Convocation to the most Reverend Father in God the Arch-Bishop of Canterbury's Grace and the Residue of the Prelates of the higher house for the furtherance of certeyne Articles following First That Ecclesiastical Laws may be made and established in this Realm by xxxij persons or so many as shall please the Kings Majesty to name and appoint according to the effect of a late Statute made in the thirty fifth year of the most noble King and of most Famous memory King Henry the eighth So that all Iudges Ecclesiastical proceeding after those Laws may be without danger and peril Also that according to the antient custome of this Realm and the Tenor of the Kings Writs for the summoning of the Parliament which be now and ever have been directed to the Bishops of every Diocess the Clergy of the lower house of the Convocation may be adjoyned and associate with the lower house of Parliament or else that all such Statutes and Ordinances as shall be made concerning all matters of Religion and Causes Ecclesiastical may not pass without the sight and assent of the said Clergy Also that whereas by the commandment of King Henry 8. certeyne Prelates and other Learned men were appointed to alter the service in the Church and to dewise other convenient and uniform order therein who according to the same appointment did make certeyne books aâ— they be informed their request is that the said books may be seen and perused by them for a better expedition of divine service to bee set furthe accordingly Also that men being called to spiritual promotions or benefices may have sum allowance for their necessary living and other charges to be susteyned and born concerning the said Benefices in the first year wherein they pay the first Fruits The other is Where the Clergy in the present Convocation Assembled have made humble suite unto the most Reverend Father in God my Lord Arch-Bishop of Canterbury and all other Bishops That hit may please them to be a mean to the Kings Majesty and the Lord Protectors Grace that the said Clergy according to the tenor of the Kings will and the auncient Laws and customes of this noble Realme might have their rowme and place and be associated with the Communs in the nether howse of this present Parliament as members of the Communwealth and the Kings most humble subjects and if this may not be permitted and graunted to them that then no Laws concerning the Christiâ—n Religion or which shall concern especially the persons possessions rowmes lyveings jurisdictions goods or cattalls of the said Clergy may passe nor be enacted the said Clergy not being made privy thereunto and their aunswers and reasons not heard The said Clergy dò most humbly beseech an answer and declaration to be made unto them what the said most Reverend Father in God and all other the Bishoppes have done in this their humble suit and request to the end that the said Clergy if nede bee may chose of themself such able and diserete persons which shall effectually follow the same suite in name of them all And where in a Statute ordeyned and established by auctorite of Parliament at Westminster in the twenty fifth year of the reigne of the most excellent Prince King Henry the eighth the Cleregy of this Realme submitting themselfe to the Kings Highness did knowledge and confesse according to the truth that the Convocations of the same Cleregie hath ben and ought to be assembled by the Kings writt And did promise further in verbo sacerdotii that they never from thenceforth wolde presume to attempt allege clayme or put in ure or enact promulge or execute any new Canons constitutions ordinances provincialls or other or by whatsoever other name they shall bee called in the convocation oneles the Kings most royal Assent and Lisence may to them be had to make promulge and execute the same And his Majesty to give his most royall Assent and Auctorite in that behalfe upon peyne of every one of the Cleregie doeyng the contrary and beinge thereof convict to suffre imprisonment and make Fine at the Kings will And that noe Canons constitutions or ordinances shall be made or put in execution within this Realme by auctorite of the convocation of the Cleregie which shall be repugnant to the Kings Prerogative royall or the Customes Laws or Statutes of this Realme Which Statute is eftsoons renewed and established in the xxvij yere of the reigne of the said most noble Kinge as by the tenor of both Statutes more at large will appear the said Cleregie being presently assembled in Convocation by auctorite of the Kings Writ do desire that the Kings Majesties licence in writeing may be for them obteyned and granted according to the effect of the said Statutes auctoriseing them to attempt entreate and commune of such matters and therein freely to geve their consents which otherwise they may not doe upon peyne and perill premised Also the said Cleregie desireth that such matters as concerneth religione which be disputable may be quietly and in good order reasond and disputed emongst them in this howso whereby the verites of such matters shall the better appear And the doubtes being opened and resolutely discussed men may be fully persuaded with the quyetnes of their consciences and the tyme well spent Thus far those Petitions containing some excellent proposalls for a through Reformation Soon after were called together by the Kings special order the former select Assembly at Windsor Castle where met as far as I can guesse by the several papers delivered
the Christians That with God all things are possible that he neither understood how it was spoken nor what these all-things are nor how God could do them and concludes with this excellent speech 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We say saith he that God can do all things which are reconcilable with his Deity Goodnesse and Wisdom And after adds That as it is impossible for honey to make things bitter and light to make things obscure so it is for God to do any thing that is unjust 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the power of doing evil is directly contrary to the Divine Nature and that Omnipotency which is consistent with it To the same purpose he speaks elswhere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God wills nothing unbecoming himself And again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 We affirm that God cannot do evil actions for if he could he might as well be no God For if God should do evil he would be no God So then though God be omnipotent yet it follows not that he can therefore dissolve the obligation of the preceptive Law of nature or change the natures of good and evil God may indeed alter the properties of those things from whence the respects of good and evil do result as in Abrahams offering Isaac the Israelites taking away the Aegyptians Jewels which God may justly do by vertue of his absolute dominion but the change here is not in the obligation of the Law but in the things themselves Murther would be an intrinsecal evil still but that which was done by immediate and explicit command from God would have been no murther Theft had been a sin still but taking things alienaâ—ed from their properties by God himself was not Theft We conclude then what comes immediately from the Law of nature by way of command binds immutably and indispensably Which is the first Hypothesis or Principle laid down The second Hypothesis is That things which are either deducible from the Law of Nature or by the light of Nature discovered to be very agreeable to it may be lawfully practised in the Church of God if they be not otherwise determined by the positive Laws of God or of lawfull humane authority We shall first inquire into the nature of these things and then shew the lawfulnesse of doing them For the nature of these things we must consider what things may be said to be of the Law of nature They may be reduced to two heads which must be accurately distinguished They are either such thingâ— which Nature dictates to be done or not to be done necessarily and immutably or else such things as are judged to be very agreeable to natural light but are subject to positive determinations The former are called by some jus naturae obligativum by others jus naturae proprium whereby things are made necessarily duties or sins the latter jus naturae permissivum and reductivum for which it is sufficient if there be no repugnancy to natural light From these two arise a different obligation upon men either strict and is called by Covarrâ—vias obligatio ex justitiâ an obligation of duty and justice the other larger obligatio ex communi aequitate or ex honestate morali an obligation from common equity that is according to the agreeablenesse of things to natural light The former I have shewn already to bind indispensably but these latter are subject to positive Laws For our better understanding the obligation of these which is more intricate then the former we shall consider men under a double notion either in a state of absolute liberty which some call a state of Nature or else in a state wherein they have restrained their own liberty by mutual compacts or are determined by a higher Law These things premised I lay down these Propositions 1. In a state of absolute liberty before any positive Laws were superadded to the naturall Whatsoever was not necessarily determined by the obligatory Law of Nature was wholly left to mens power to do it or not and belongs to the permissive Law of Nature And thus all those things which are since determined by positive Laws were in such a supposed state left to the free choyce of a mans own will Thus it was in mens power to joyn in civil Society with whom they pleased to recover things or vindicate injuries in what way they judged best to submit to what constitutions alone they would themselves to choose what form of Government among them they pleased to determine how far they would be bound to any Authority chosen by themselves to lodge the legislative and coercive Power in what persons they thought fit to agree upon punishments answerable to the nature of offences And so in all other things not repugnant to the common light of reason and the dictates of the preceptive part of the Law of Nature 2. A state of absolute liberty not agreeing to the nature of man considered in relation to others it was in mens power to restrain their own liberty upon compacts so far as should be judged necessary for the ends of their mutuall Society A state of Nature I look upon only as an imaginary state for better understanding the nature and obligation of Laws For it is confessed by the greatest Assertors of it that the relation of Parents and Children cannot be conceived in a state of natural liberty because Children assoon as born are actually under the power and authority of their Parents But for our clearer apprehending the matter in hand we shall proceed with it Supposing then all those former rights were in their own power it is most agreeable to natural reason that every man may part with his right so far as he please for his own advantage Here now men finding a necessity to part with some of their Rights to defend and secure their most considerable Ones they begin to think of Compacts one with another taking this as a Principle of the Natural Law and the Foundation of Society That all Covenants are to be performed When they are thus far agreed they then consider the terms upon which they should enter into Society one with another And here men devest themselves of their original liberty and agree upon an Inclosure of Properties and the Fences of those Properties I mean upon living together in a civil state and of the Laws they must be ruled by This is apparently agreeable to Natural Reason the things being in their own power which they agree to part with Men entring upon Societies by Mutual Compacts things thereby become good and evil which were not so before Thus he who was free before to do what and how he pleased is now bound to obey what Laws he hath consented to or else he breaks not only a Positive Law but that Law of Nature which commands Man to stand to Covenants once made though he be free to make them And therefore it is observable that the doing of things that were lawful
two We distinguish then between a power declarative of the obligation of former Laws and a power authoritative determining a New Obligation between the office of counselling and advising what is fit to be done and a power determining what shall be done between the Magistrates duty of consulting in order to the doing it and his deriving his authority for the doing it These things premised I say First that the power of declaring the obligation of former Laws and of consulting and advising the Magistrate for setling of New Laws for the Policy of the Church belongs to the Pastors and Governours of the Church of God This belongs to them as they are commanded to teach what Christ hath commanded them but no authority thereby given to make new Laws to bind the Church but rather a tying them up to the commands of Christ already laid down in his Word For a power to bind mens consciences to their determinations lodged in the Officers of the Church must be derived either from a Law of God giving them this right or else only from the consent of parties For any Law of God there is none produced with any probability of reason but that Obey those that are over you in the Lord. But that implies no more then submitting to the Doctrine and Discipline of the Gospel and to those whom Christ hath constituted as Pastors of his Church wherein the Law of Christ doth require obedience to them that is in looking upon them and owning them in their relation to them as Pastors But that gives them no authority to make any new Laws or Constitutions binding mens consciences any more then a Command from the Supreme authority that inferiour Magistrates should be obeyed doth imply any power in them to make new Laws to bind them But thus far I acknowledge a binding power in Ecclesiastical Constitutions though they neither bind by virtue of the matter nor of the authority commanding there being no legislative power lodged in the Church yet in respect of the circumstances and the end they should be obey'd unlesse I judge the thing unlawfull that is commanded rather then manifest open contempt of the Pastors of the Church or being a scandall to others by it But as to the other power arising from mutual compact and consent of Parties I acknowledge a power to bind all included under that compact not by vertue of any Supream binding power in them but from the free consent of the parties submitting which is most agreeable to the Nature of Church-power being not coactive but directive and such was the confederate discipline of the primitive Church before they had any Christian Magistrate And thence the decrees of Councils were call'd Canons and not Laws Secondly Though it be the Magistrates duty to consult with the Pastors of the Church to know what is most agreeable to the Word of God for the settlement of the Church yet the Magistrate doth not derive his authority in commanding things from their sentence decree and judgement but doth by vertue of his own power cause the obligation of men to what is so determin'd by his own enacting what shall be done in the Church The great use of Synods and Assemblies of Pastors of Churches is to be as the Council of the Church unto the King in matters belonging to the Church as the Parliament is for matters of civil concernment And as the King for the settling civil Laws doth take advice of such persons who are most versed in matters of Law so by proportion of reason in matters concerning the Church they are the fittest Council who have been the most versed in matters immediately belonging to the Church In the management of which affairs as much if not more prudence experience judgement moderation is requisite as in the greatest affairs of State For we have found by dolefull experience that if a fire once catch the Church and Aarons Bells ring backward what a Combustion the whole State is suddenly put into and how hardly the Churches Instruments for quenching such fires lachrymae preces Ecclesiae do attain their end The least peg serued up too high in the Church soon causeth a great deal of discord in the State and quickly puts mens spirits out of Tune Whereas many irregularities may happen in the State and men live in quietnesse and peace But if Phaâ—tons dâ—ive the Chariot of the Sun the World wil be soon on fire I mean such in the Church whose brains like the Unicorns run out into the length of the Horn Such who have more fury then zeal and yet more zeal then knowledge or Moderation Persons therefore whose calling â—temper office and experience hath best acquainted them with the State-actions Policy of the primitive Church and the incomparable Prudence and Moderation then Used are fittest to debate consult deliberate and determine about the safest expedients for repairing breaches in a divided broken distracted Church But yet I say when such men thus assembled have gravely and maturely advised and deliberated what is best and fitted to te done the force strength and obligation of the things so determin'd doth depend upon the power and authority of the Civil Magistrate for taking the Church as incorporated into the civill state as Ecclesia est in republicâ non respublica in Ecclesia according to that known speech of Optatus Milivetanus so though the object of these constitutions and the persons determining them and the matter of them be Ecclesiasticall yet the force and ground of the obligation of them is wholly civill So Peter Martyr expresly Nam quod ad potestatem Ecclesiasticam attinet satis est civilis Magistratus is enim â—urare debet ut omnes officium faciant But for the judgement of the reformed Divines about this see Vedelius de Episcopatis Constant. M Officium Magistratus Christiani annexed to Grotius de Imper. c. I therefore proceed to lay down the reason of it First That whereby we are bound either to obedience or penalty upon disobedience is the ground of the obligation but it is upon the account of the Magistrates power that we are either bound to obedience or to submit to penalties upon disobedience For it is upon the account of our general obligation to the Magistrate that we are bound to obey any particular Laws or Constitutions Because it is not the particular determinations made by the civil Magistrate which do immediately bind Conscience but the general Law of Scripture requires it as a duty from us to obey the Magistrate in all things lawfull Obedience to the Magistrate is due immediately from Conscience but obedience to the Laws of the Magistrate comes not directly from Conscience but by vertue of the general obligation And therefore disobedience to the Magistrates Laws is an immediate sin against Conscience because it is against the general obligation but obedience to particular Laws ariseth not immediately from the obligation of Conscience to
Did it make it self or was it made by a greater Power then it if it made its self it must be and not be at the same time it must be as producing and not be as produced by that Act. And what is become of our Reason now There must be then a Supream Eternal Infinite Being which made the world and all in it which hath given Nature such a Touch of its own immortality and dependance upon God that Reason capable of Religion is the most proper distinctive Character of man from all Inferior beings And this Touch and Sense being common to the whole Nature they therefore incline more to one anothers Society in the joynt performance of the common Duties due from them to their Maker And so Religion not onely makes all other Bonds firm which without it are nothing as Oaths Covenants Promises and the like without which no civill Society can be upheld but must of its self be supposed especially to tye men in a nearer Society to one another in reference to the proper Acts belonging to its self Thirdly it appears from the greater honour which redounds to God by a sociable way of Worship Nature that dictates that God should be worshipped doth likewise dictate that worship should be performed in a way most for the honour and glory of God Now this tends more to promote Gods honour when his service is own'd aâ— a publike thing and men do openly declare and profess themselves his Subjects If the honour of a King lies in the publikely professed and avowed obedience of a multitude of Subjects it must proportionably promote and advance Gods honour more to have a fixed stated Worship whereby men may in a Community and publike Society declare and manifest their homage and fealty to the supream Governour of the World Thus then we see the light of Nature dictates there should be a society and joyning together of men for and in the Worship of God CHAP. IV. The second thing the Law of Nature dictates that this society be maintained and governed in the most convenient manner A further inquiry what particular Orders for Government in the Church come from the Law of Nature Six laid down and evidenced to be from thence First a distinction of some persons and their superiority over others both in power and order cleared to be from the Law of Nature The power and application of the power distinguished this latter not from any Law of Nature binding but permissive therefore may be restrained Peoples right of chosing Pastors considered Order distinguished from the form and manner of Government the former Natural the other not The second is that the persons imployed in the Service of God should have respect answerable to their imployment which appears from their Relation to God as his Servants from the persons imployed in this work before positive Laws Masters of Families the first Priests The Priesthood of the first born before the Law discussed The Arguments for it answered The Conjunction of Civil and Sacred Authothority largely shewed among Egyptians Grecians Romans and others The ground of Separation of them afterwards from Plutarch and others THe second thing which the Light of Nature dictates in reference to Church-Government is That the Society in which men joyn for the Worship of God be preserved mantained and governed in the most convenient manner Nature which requires Society doth require Government in that Society or else it is no Society Now we shall inquire what particular Orders for Government of this Society established for the Worship of God do flow from the light of Nature which I conceive are these following First To the maintaining of a Society there iâ— requisite a Distinction of Persons and a Superiority of Power and Order in some over the other If all be Rulers every man is sui juris and so there can be no Society or each man must have power over the other and that brings confusion There must be some then invested with Power and Authority over others to rule them in such things wherein they are to be subordinate to them that is in all things concerning that Society they are entered into Two things are implyed in this First Power Secondly Order By Power I mean a right to Govern by Order the Superiority of some as Rulers the Subordination of others as ruled These two are so necessary that no Civil Society in the World can be without them For if there be no Power how can men Rule If no Order how can men be ruled or be subject to others as their Governours Here several things must be heedfully distinguished The Power from the Application of that Power which we call the Title to Government The Order it self from the form or manner of Government Some of these I Assert as absolutely necessary to all Government of a Society and consequently of the Church considered without positive Laws but others to be accidentall and therefore variable I say then that there be a Governing Power in the Church of God is immutable not onely by Vertue of Gods own Constitution but as a necessary result from the dictate of Nature supposing a Society But whether this Power must be derived by Succession or by a free Choice is not at all determined by the Light of Nature because it may be a lawful Power and derived either way And the Law of Nature as binding onely determines of necessaries Now in Civil Government we see that a lawfull Title is by Succession in some places as by Election in other So in the Church under the Law the Power went by lineal Descent and yet a lawful Power And on the other side none deny setting aside positive Lawes but it might be as lawful by choice and free Election The main Reason of this is that the Title or Manner of conveying Authority to particular Persons is no part of the preceptive Obligatory Law of Nature but onely of the permissive and consequently is not immutable but is subject to Divine or Humane positive Determinations and thereby made alterable And supposing a Determination either by Scripture or lawful Authority the exercise of that Natural Right is so far restrained as to become sinful according to the third Proposition under the 2. Hypoth and the 5. Hypoth So that granting at present that people have the Right of choosing their own Pastors this Right being only a part of the Permissive Law of Nature may be lawfully restrained and otherwise determined by those that have lawfull authority over the people as a Civil Society according to the 5. Hypoth If it be pleaded that they have a right by divine positive law that law must be produced it being already proved that no bare Example without a Declaration by God that such an Example binds doth constitute a Divine Right which is unalterable We say then that the manner of investing Church-Governours in their Authority is not Determined by the Law of Nature but that there should
person's Repentance and desire of Absolution Now civil Penalties do not regard the intention and mind of the Person but the quality and desert of the Action the Reason is because Humane Lawes do respect immediately actionem ipsam and not animum agentis unless it be onely so far as the mind hath influence upon the Action But now it is otherwise in such Lawes which take immediate Notice of the intention of the minde and onely of outward Actions as they are significative and expressive of the inward intention for in these though the ground of proceeding to Penalties be from the notice taken of the outward Action yet that outward Action being subject to Penalty as expressive of the minds intention where there may be sufficient evidence given of the Integrity and Uprightness of the Intention afterwards there may be proportionably a Relaxation of the penalty because the end of the Penalty inflicted was not to be an Act of Justice excluded from Mercy in the end of Administration as in Civil Judicatories but an Act of Justice whose end was mercy that is the regaining and recovering the offenders soul from sin by inflicting such a penalty upon him as might humble him under the sense of it Hence appears the great reasonablenesse of their proceedings in the managery of Discipline in the primitive times who did not fix a certain time as a standing Law for all offenders but did encrease or lessen both the time and weight of their penance according to the evidences given of their submission and true repentance for their miscarriages That it was thus now in reference to excommunication among the Jews appears from what is asserted by the learned Buxtorf concerning the time of the lesser excommunication called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Niddui which remained thirty dayes usually but were shortned by confession and desire of absolution durat 30. dies qui tamen poenitentiâ deprecatione decurtantur But if after thirty dayes past he continue impenitent the Judge as he sees sit encreaseth the punishment so as to double or treble the time or extend it to his whole life if he dyed without repentance a stone is laid upon his Bier to shew he deserved lapidation they wept not for him nor buryed him in the common place of buriall Further Buxtorf there alledgeth this constitution of their Law that if he that was under Niddui and desired not absolution was the second time under it if that did no good on him then he was excommunicated with the higher sort of excommunication called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is likewise observed by Ioh. Coch. Mr. Selden and others From whence it is evident that this was an Ecclesiasticall censure and not meerly Civill because the main end of it was not satisfaction to the Law but the repentance of the person who lay under the fault and according to the evidence given of it the penalty was relaxed or encreased which argument not yet taken notice of nor improved by Writers on this subject seems to make the case clear that excommunication among the Jews was not a meer out-lawry as some conceive it to have been Thirdly I argue If it was not the breach of the Law but the publikeness of the offence or the scandall of it which was the ground of excommunication then it was not a meer civil penalty but an Ecclesiasticall censure for civill penalties do proceed upon the breach of the Law and alter not as to the publikeness or privateness of the offence but here it is evident that the same offence deserving excommunication if done in publike did not if done in private or was left at the persons liberty to have the offender excommunicated or not That which is reckoned as the first cause of excommunication is affront or contempt put upon a wise man or Rabbi or one that was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Student in the Law now it is determined by them in this case that if it were done in private the Rabbi might pardon him but if in publike he could not For as Ioh. Coch. gives the reason publicum Doctoris ludibrium in legis contemptum redundas the contempt of publike Teachers of the Law redounds to the dishonour of the Law its self Thus it was the scandall of the fault and not the bare offence which made excommunication necessary among them and not as that scandall was a meer defamation of the person but as it redounded to the contempt of the Law Fourthly I argue from the form used in excommunication by them There are two forms produced of their excommunications the one by Buxtorf out of an old Hebrew Manuscript the beginning of which is Ex sententiâ Domini Dominorum sit in Anathemate Ploâ—i filius Ploni in utraque domo judicii superiorum sc. inferiorum c. where two things evidence it was accounted a sacred and no civill action doing it immediately in the name and authority of the Lord of lords and pronouncing him excommunicate both in Heaven and Earth So R. Elieser speaking of the Excommunication of the Cuthites or Samaritans Atque anathemate devovebant Cuthaos mysterio nominis Amphorasch Scriptura exarata in tabulis anathemate domus judicii superioris atque anathemate curia inferioris as it is translated by Guli Vorstius who in his Notes upon that Book produceth a most dreadfull sentence of Excommunication used to this day in many Synagogues which they call Cherem Col Bo. from the book whence it is taken which runs most solemnly in the several names of God whereby they do Chamatize curse and devote the persons against whom it is pronounced Fifthly It appears not to be a meerly civil thing instead of civill power because they use it against those over whom they have no civill Jurisdiction as appears by their Schamatizing the Christians in their Liturgies as Buxtorf observes Sixthly I argue from the Effects of it because they who lay under it were excluded from publike Worship which is averred by Buxtorf Gocâ— and others in the places forecited It is acknowledged that he that was onely under Niddui might be present at publike Worship but even there he was under his Separation too of four Cubits from any other Israelite And hence in probability might the mistake arise because those under Niddui might appear at the Temple or Synagogue therefore Excommunication was no prohibition à Sacris But he that was under Cherem Non docet non docetur Neither teacheth others nor is taught himself saith Ioh. Cocceius and Buxtorf of one under Cherem omninò à coetu sacro excluditur and in this sense Buxtorf expresly takes the turning out of the Synagogue Ioh. 9. 22 12. 42. which saith he is done by Cherem But against this it is strongly pleaded by our Learned Mr. Selden that putting out of the Synagogue is nothing else but Excommunicating 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to separate from the Congregation taking
with the dispencers of the Word as appears from the titles of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Governours Rulers Pastors all which necessarily imply a Governing power which having been largely proved by others and yeelded by me I pass over CHAP. III. The Question fully stated Not what form of Government comes the nearest to the Primitive practice but whether any be absolutely determined Several things propounded for resolving the Question What the form of Church-Government was under the Law How far Christians are bound to observe that Neither the necessity of superiority nor the unlawfulnesse can be proved thence ANd now I come to the main Subject of the present Controversie which is acknowledging a form of Government necessary and the Governours of the Church perpetuall Whether the particular form whereby the Church must be governed be determined by any positive Law of God which unalterably binds all Christians to the observation of it By Church here I mean not a particular Congregation but such a Society which comprehends in it many of these lesser Congregations united together in one body under a form of Government The forms of Government in controversie the Question being thus stated are only these two the particular officers of several Churches acting in an equality of Power which are commonly called a Colledge of Presbyters or a Superiour Order above the standing Ministry having the Power of Jurisdiction and Ordination belonging to it by vertue of a Divine Institution Which order is by an Antonomasia called Episcopacy The Question now is not which of these two doth come the nearest to Apostolical practice and the first Institution which hath hitherto been the controversie so hotly debated among us but whether either of these two forms be so setled by a jus divinum that is be so determined by a positive Law of God that all the Churches of Christ are bound to observe that one form so determined without variation from it or whether Christ hath not in setling of his Church provided there be some form of Government and a setled Ministry for the exercise of it left it to the prudence of every particular Church consisting of many Congregations to agree upon its own form which it judgdeth most conducing to the end of Government in that particular Church 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Here now we fix our selves and the first thing we do is to agree upon our wayes of resolution of this Question whereby to come to an end of this debate And the most probable way to come to an issue in it is to go through all the wayes whereon men do fix an unalterable divine Right and to see whether any of these do evince a divine Right setled upon a positive Law or no for one of these forms The pleas then for such a divine Right are these Either some formal Law standing in force under the Gospel or some plain Institution of a New Law by Christ in forming his Church or the obligatory nature of Apostolical practice or the general sense of the Primitive Church to which we shall add by way of Appendix the Judgement of the chief Divines and Churches since the Reformation if we go happily through these we may content our selves with having obtained the thing we aim at The first inquiry then is Whether any formal Law of God concerning a form of government for his Church either by persons acting in an equality of Power or subordination of one Order to another under the Gospel doth remain in force or no binding Christians to the observing of it The Reason why I begin with this is because I observe the Disputants on both sides make use of the Pattern under the Law to establish their form by Those who are for Superiority of one Order above another in the government of the Church derive commonly their first argument from the Pattern under the Law Those who are for an equality of Power in the persons acting in government yet being for a subordination of Courts they bring their first argument for that from the Jewish Pattern So that these latter are bound by their own argument though used in another case to be ruled in this Controversie by the Jewish Pattern For why should it be more obligatory as to subordination of Courts then as to the superiority of Orders If it holds in one case it must in the other And if there be such a Law for Superiority standing unrepealed there needs no New Law to inforce it under the Gospel We shall therefore first enquire what foundation there is for either form in that Pattern and how far the argument drawn from thence is obligatory to us now For the practice then in the Jewish Church That there was no universal equality in the Tribe of Levi which God singled out from the rest for his own service is obvious in Scripture For there we find Priests above the Levites the family of Aaron being chosen out from the other families of Cohath one of the three sons of Levi to be employed in a nearer attendance upon Gods Service then any of the other families And it must be acknowledged that among both Priests and Levites there was a Superiority For God placed Eleazar over the Priests Elizaphan over the Cohathites Eliasaph over the Gershonites Zuriel over the Merarites and these are called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Rulers over their several families for it is said of every one of them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he was Ruler over the house of his Father Neither were these equal for over Eliasaph and Zuriel God placed Ithamar over Elisaphan and his own family God set Eleazar who by reason of his authority over all the rest is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Ruler of the Rulers of Levi and besides these there were under these Rulers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the chief Fathers of the several distinct families as they are called Exodus 6. 25. Thus we briefly see the subordination that there was in the Tribe of Levi the Levites first over them the heads of the Families over them the Rulers or the chief of the heads over them Ithamar over both Priests and Levites Eleazar Over all Aaron the High Priest There being then so manifest an inequality among them proceed we to shew how obligatory this is under the Gospel For that end it will be necessary to consider whether this imparity and Superiority were peculiarly appointed by God for the Ecclesiastical government of the Tribe of Levi as it consisted of persons to be employed in the service of God or it was only such an inequality and Superiority as was in any other Tribe If only common with other Tribes nothing can be inferred from thence peculiar to Ecclesiasticall government under the Gospel any more then from the government of other Tribes to the same kind of government in all civil States We must then take notice that Levi was a particular distinct Tribe of it self and
Hilary but this that one speakâ— of the Custome of some Churches and the other of others In some as at Alexandria the Presbyters might choose their Bishop in other places it might be as Hilary saith that when the first withdrew another succeeded him Not by a monethly or Annual rotation of Presidents as some have imagined but by a Presidency for life of one upon whose death another succeeded in his room For the former Opinion hath not any Evidence at all for it in Scripture or Antiquity or in the place brought to prove it For according to this Opinion Timothy must have but his course in the rotation of Elders at Ephesus which seems very incongruous to the Office of Timothy I conclude thâ—n that in all probability the Apostles tyed not themselves up to one certain course but in some Churches setled more or fewer Officers as they saw cause and in others governed themselves during life and that at their death they did not determine any form is probably argued from the different customes of several Churches afterwards The third Consideration touching Apostolical practice is concerning the Obligatory force of it in reference to us which I lay down in these terms That a meer Apostolical practice being supposed is not sufficient of its self for the founding an unalterable and perpetual right for that Form of Government in the Church which is supposed to be founded on that practice This is a Proposition I am sure will not be yielded without proving it and therefore I shall endeavour to doe it by a fourfold argument First because many things were done by the Apostles without any intention of obliging any who succeeded them afterwards to do the same As for instance the twelve Apostles going abroad so unprovided as they did when Christ sent them forth at first which would argue no great wisedome or reason in that man that should draw that practice into consequence now Of the like nature was Pauls preaching 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to some Churches receiving no maintenance at all from some Churches as that at Corinth Which instance is a manifest evidence of the monstrous weakness of Discourse in those who would make that example of Paul Obligatory to all Ministers of the Gospel now And while they would by this argument take away their Lands and Tythes instead of them they give them Plaustra convitiorum whole loads of the most reproachful Speeches that ever were given to any but Christ and his Apostles For my part I think the Ministers of the Gospel would want one of the Badges of Honour belonging to their Office were they not thus reproachfully used It is part of the State which belongs to the true Ministers of the Gospel to be followed by such blackmouthed Lacqueyes who by their virulent Speeches are so farre their Friends as to keep them from that Curse which our Saviour pronounceth Wo be unto you when all men speak well of you But let us see how much wooll there is after all this cry too little to cloath the backs of Ministers if such persons might be their Tythe-men but it is well they are so little befriended yea so much opposed by the great Apostle in that singular practice of his For doth he say It was unlawful for him to receive a maintenance from the Churches he preached to Nay doth he not set himself to prove not onely the lawfulness of Ministers taking it but the duty of peoples giving it 1 Cor. 9. from the seventh to the fâ—â—teenth verse giving many pregnant arguments to that purpose Doth he not say that all the Apostles besides him and Barnabas did forbear working and consequenâ—ly had all their necessities supplyed by the Churches Nay doâ—h not Paul himself say that he robbed other Churches taking wages of them to do service to them What Paul turned hireling and in the plainest terms take Wages of Churches Yet so it is and his forbearing it at Corinth was apt to be interpreted as an argument that he did not love them 2 Cor. 11. 11. So far were they from looking upon Paul as a hireling in doing it Paul is strong and earnest in asserting his right he might have done it at Corinth as well as elsewhere But from some prudent considerations of his own mentioned 2 Cor. 11. 12. he forboâ—e the exercise of his right among them although at the same time he received maintenance from other places As for any Divine right of a particular way of maintenance I am of the same Opinion as to that which I am in reference to particular Forms of Church-Government and those that are of another Opinion I would not wish them so much injury as to want their maintenance till they prove it But then I say these things are clear in themselves and I think sufficient grounds for conscience as to the duty of paying on the one side and the lawfulness of receiving it on the other First that a maintenance in general be given to Gospel Ministers is of Divine right else the Labourer were not worthy of his hire nor could that be true which Paul saith that our Lord hath ordained that they which preach the Gospel should live of the Gospel Secondly A maintenance in general being due Lawful authority may determine the particular way of raising it the equity of which way may be best derived from what was the most ancient practâ—ce of the World in dedicating things to God and was approved by God himself among his own people the Jews So that the way of maintenance by Tythes is the most just and equitable way Thirdly It being in the Magistrates power to determine the way of maintenance what is so determined doth bind the Consciences of all subject to that power to an obedience to it for conscience sake In as much as all men are bound thus to obey the Magistrate in all things established by him as Laws and the very same reasons any can plead for disobedience as to this may equally serve for disobedience to any other Lawes made by the Supreme Magistrate This I suppose is the clearest Resolution of that other more vexed then intricate Controversie about the right of Tythes which I have here spoken of by occasion of the mention of the Apostles practice and because it is resolved upon the same principles with the subject I am upon Meer Apostolical practice we see doth not bind because the Apostles did many things without intention of binding others Secondly the Apostles did many things upon particular Occasions Emergencies and circumstances which things so done cannot bind by vertue of their doing them any further then a parity of reason doth conclude the same things to be done in the same circumstances Thus Pauls Coelibate is far from binding the Church it being no universal practice of the Apostles by a Law but onely a thing taken up by him upon some particular grounds not of perpetual and universal concernment So community of
in by every one of them singly and subscribed with their own hands all which I have perused these following persons Thomas Arch Bishop of Canterbury Edward Arch-bishop of Yorke the Bishop of Rochester Edmund Bishop of London Robert Bishop of Carlisle Dr. George Day Dr. Thomas Robertson Dr. I. Redmayne Dr. Edward Leighton Dr. Symon Matthew Dr. William Tresham Dr. Richard Cozen Dr. Edgeworth Dr. Owen Oglethorp Dr. Thyrleby These all gave in their several resolutions in papers to the Questions propounded with their names subscribed a far more prudent way then the confusion of verbal and tedious disputes all whose judgements are accurately summed up and set down by the Arch-bishop of Canterbury himself Their resolutions contain distinct answers to several Sets of questions propounded to them The first Set contained several Questions about the Mass about the instituting receiving nature celebration of it and whether in the Mass it be convenient to use such speech as the people may understand whether the whole were fit to be translated or only some part of it with several other questions of the same nature The second Set is more pertinent to our purpose wherein are 17 Questions proposed to be resolved Ten of them belong to the number of Sacraments the other 7. concern Church Government The Questions are these Whether the Appostells lacking a higher power as in not having a Christian-King among them made Bishoppes by that necessity or by auctorite given them of God Whether Bishops or Priests were first and if the Priests were first then the Priest made the Bishop Whether a Bishop hath auctorite to make a Priest by the Scripture or no and whether any other but onely a Bishop may make a Priest Whether in the New Testament be required any consecration of a Bishop and Priest or onely appointeinge to the office be sufficient Whether if it fortuned a Prince Christien lerned to conquer certen domynyons of Infidells having non but the temporall lerned men with him it be defended by Gods Law that be and they should preche and teche the word of God there or no and also make and constitute Priests or noe Whether it be forefended by Goddes Law that if it so fortuned that all the Bishopps and Priests were dedde and that the word of God shuld there unpreached the Sacrament of baptisme and others unministred that the King of that region shulde make Bishoppes and Priests to supply the same or noe Whether a Bishop or a Priest may excommunicate and for what crimes and whether they only may excommunicate by Goddes Law These are the questions to which the answers are severally returned in distinct papers all of them bound together in a large Volume by Archbishop Cranmer and every one subscribed their names and some their seals to the Papers delivered in It would be too tedious a work to set down their several opinions at large only for the deserved reverence all bear to the name and memory of that most worthy Prelate and glorious Martyr Archbishop Cranmer I shall set down his answer distinctly to every one of these questions and the answers of some others to the more material questions to our purpose To the 9. Q. All Christian Princes have committed unto them immediately of God the holle cure of all their subjects as well concerning the administration of Goddes word for the cure of soul as concerning the ministration of things Political and civil governaunce And in both theis ministrations thei must have sundry ministers under them to supply that which is appointed to their several office The Cyvile ministers under the Kings Majesty in this realme of England be those whom yt shall please his highness for the tyme to put in auctorite under him as for example the Lord Chancellour Lord Treasurer Lord Greate Master Lord privy seal Lord Admyral Mayres Shryves c. The Ministers of Gods wourde under his Majesty be the Bishops Parsons Vicars and such other Priests as be appointed by his highnes to that ministration as for example the Bishop of Canterbury the Bishop of Duresme the Bishop of Winchester the Parson of Wynwicke c. All the said officers and ministers as well of th' one sorte as the other be appointed assigned and elected in every place by the Laws and orders of Kings and Princes In the admission of many of these officers bee diverse comely ceremonies and solemnities used which be not of necessity but only for a good order and semely fashion For if such offices and ministrations were committed without such solemnitye thei were nevertheles truely committed And there is no more promise of God that grace is given in the committing of the Ecclesiastical office then it is in the committing of the Cyvile In the Apostles time when there was no Christien Princes by whose authority Ministers of Gods Word might be appointed nor synnes by the sword corrected there was no remedie then for the correction of vice or appoynteinge of ministers but onely the consent of Christien multitude amonge themselfe by an uniforme consent to follow the advice and perswasion of such persons whom God had most endued with the spirit of wisdome and counsaâ—le And at that time for as much as Christian people had no sword nor Governer among them thei were constrained of necessity to take such Curates and Priests as either they knew themselfes to bee meet thereunto or else as were commended unto them by other that were so replete with the spirit of God with such knowledge in the profession of Christ such wisdome such conversation and counsell that they ought even of very conscience to give credit unto them and to accept such as by theym were presented And so some tyme the Appostles and other unto whom God had given abundantly his spirit sent or appointed Ministers of Gods word sometime the people did chose such as they thought meete thereunto And when any were appointed or sent by the Appostles or other the people of their awne voluntary will with thanks did accept them not for the supremitie Imperie or dominion that the Apostells had over them to command as their Princes or Masters but as good people readie to obey the advice of good counsellours and to accept any thing that was necessary for their edification and benefit The Bishops and Priests were at one time and were not two things but both one office in the beginning of Christs Religion A Bishop may make a Priest by the Scriptures and so may Princes and Governours alsoe and that by the auctoritie of God committed them and the people alsoe by their election For as we reade that Bishops have done it so Christien Emperours and Princes usually have done it And the people before Christien Princes were commonly did elect their Bishops and Priests In the New Testament he that is appointed to be a Bishop or a Priest needeth no consecration by the Scripture for election or appointeing thereto