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A37249 De jure uniformitatis ecclesiasticæ, or, Three books of the rights belonging to an uniformity in churches in which the chief things, of the lawes of nature, and nations, and of the divine law, concerning the consistency of the ecclesiastical estate with the civil are unfolded / by Hugh Davis ... Davis, Hugh. 1669 (1669) Wing D417; ESTC R5997 338,525 358

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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-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
sort of Clerg-ymen so as to the lesser and more inferiour also proportionably So that thus then and with these Cautions and for these ends which we have mention'd The Supreme Magistrate in any Society may commit the discharge of Civil Offices to Church-men and they also may lawfully discharge them And since they as well as others are numbers of Humane Society in the Common as hath been said there can be no sufficient reason rendred why they also should not be under a general obligation to serve in that Capacity and he that shall assert and maintain the Contrary shall do it against the several Lawes and Practises of Nature and Nations which we have mentioned VI. In the mean time then their due respects are alwayes also to be preserved and performed to the other estates in any Society A Caution subjoyn'd To the Nobility who are umbrae Regis and Pares Regni the Shadowes of the Soveraigne Prince and Peers of the Realme And to the Gentry or second Nobles secondarily and in their places also We presume not to admonish Princes and Governours in this particular who understand their own affairs so well as to be careful to keep the estates of their Territories in their due Poize one towards another And both Laicks and Church-men in their several degrees and while thus intermix'd in Offices are to be mindful of the several respects to be perform'd to each other And it is never well and as it should be in any Society whatsoever till all these three Estates have their due and mutual respects perform'd to them both by the Soverain Prince and by themselves towards each other VII As we have said The necessity of difference of Orders and degrees of Churchmen and Ecclesiastical persons in any Church Society The several Orders and Degrees of Ecclesiastical persons mention'd in the Christian Scriptures and the Churches power of varying concerning them Vid. Canones Apostolor Can. 35 c. Concil Antioc Can. 9. Et Concil Nicaen Prim. Can. 6. c. Decr●ti part 1. distinct 21 23 25 79 c. Et Bezam in Matth. 2.4 Grot. in Math. 2.5 Spanhem in Dub. Evangel Gerhard in Harmon And Bp. Andrewes his Summary of the Government both of the Old and New Testament That there must of necessity be diverse degrees and orders of Governours in the general in any Society so here we say further and more particularly that for the same Reasons also there must of necessity be divers Orders and Degrees of Church Governours and Ecclesiastical Persons and Officers belonging to them in every Church-Society and Ecclesiastical Uniformity So there were alwayes amongst the Heathens in their Church Societies as we have partly already mention'd and as is to be seen in the several Heathen Histories and relations of these things And so there must of necessity be in all other Churches VIII As to the Christian Church there are divers sorts and degrees of Church Governours and Ecclesiastical Persons mentioned in the Scriptures both of the Old and New Testament and asserted by all the Ancient Councels the Canon Law the generality of Interpreters of Scripture and the like Let the Canons of the Apostles The Councels of Antioch of Nice The several distinctions in the Decretum c. be looked into And there are divers Powers also necessarily belonging to these divers Orders of Church-men according to the diverse Nature and Quality of the Affairs proper to their Offices In the Old Testament there are mentioned High-priests Priests of the second Order 2 Kin. 23.4 or Priests simply taken Levites and others In the New Apostles Evangelists Bishops Presbiters or Priests Deacons and others In the Old Testament these Church Officers were perpetually fix'd to their several particular Imployments And although in those dayes the Old Testament Church-Polity was intended only for the Kingdome of Israel and the Lawes both of the Church and State were suited one to another and fixed thus for ever by God himself yet it was left to Humane Prudence to vary still in Circumstances and indifferent things concerning the Ecclesiastical Polity according as the present state of Affairs might at any time require the substance of that Polity ever remaining So in Moses Joshua's David's Nehemiah's and others times And so there was a necessity from the vicissitudes of Affairs that God had appointed to be in that Church as well as in the rest of the World that it should be In the New Testament the standing ordinary Church-officers were appointed to be perpetual also The Ordinary were those whose Offices were ordinarily necessary for the well being of the Christian Church the extraordinary those who were appointed pro Tempore and as the present state of affairs in the first times did require And that the Platform of the perpetual and ordinary Offices of Bishops Preists and Deacons was derived and taken from the Pattern of High-priests Preists and Levites in the Old Testament it will not at all be doubted by him that considers the Circumstances attending those things and the Parity betwixt them And last of all if the Jewes Church which was settled under one perpetual Government and confin'd to one only Nation had Power to vary however according to the occasions of times in Circumstances and things indifferent concerning their ordinary Church-Officers of Ecclesiastical Polity then much more for the same Reasons hath the Christian Church such power to vary which is laid open to be set up in all Nations and appointed to consist as to these Circumstances and things Indifferent with the several sorts of the Civil Policies of those Nations and Countries The Rights and powers belonging to the Ecclesiastical Persons as such IX The Church Governours and Ministers in every Christian Church and the Uniformity of it have a full power and distinct Right from Christ of doing all things properly as is said belonging to them and as such in their several Capacities in the Church viz. Of Ministry Jurisdiction and Order as they are usually call'd And as also the Divine Law of Christ saith concerning them and all Decrees Canons of Councels and Ecclesiastical Constitutions derivatively from it Of Ministry i. e. Of Preaching Administring the Sacraments and dispencing all matters of Doctrine Of Jurisdiction i. e. Of commanding forbidding inflicting Penalties executing Ecclesiastical Censures and dispencing all matters of discipline And lastly of Order i. e. of ordaining others to succeed them in their several Functions in the World And so saith the Scripture Matth. 28.18 19 20. That Christ gave Power to his Apostles and their Successors in the Ministry to go forth and teach all Nations See also Eph. 4.7 8 11 12 13 c. And 2 Cor. 5 20. 1 Cor. 4.1 2 3 4. Heb. 13.17 Mark 16.15 16. Luk. 24.47 48. See also Matt. 16.19 Math. 18.18 Luk. 10.2.11 16 c. See also the 1 Tim. 5.22 1 Tim 4.14 Tit. 1.5 6. c. Vid. Can. 64. apud Carranzam in Summâ Concilior Vid.
distinguished sayes the Emperour Tiberius in the Civil Law That it is not onely for the Soveraine good of Societies that Lawes be well made but also that they be well kept and looked after and brought to effect II. The Supervisors then in an Ecclesiastical Uniformity are of divers sorts and degrees in relation to the affairs of it They are such either as Supream or Subordinate and by Deputation And those by Deputation again are such diversly and according to the several Modes of Ecclesiastical Polity in several Societies and the occasions of them The Supream Supervisor assign'd and the reasons for his being so III. The supreme Supervisor in every Ecclesiastical Uniformity is the Chief Magistrate or Soveraigne Prince And the Reasons for his being so are both because he hath the supream and universal charge of all and the management of the affairs of it committed to him by God as hath been heretofore evidenc'd and also because he is suppos'd then by consequence and from his actual Management of those affairs Supra Lib. 1. Cap. 5. lib. 2. cap. 6. §. 21. to have the best knowledge of all occasions both of Church and State and which concern his Supream Publick charge mentioned From whence he derives his Right IV. And he hath the Right to this his Supream Superiorship partly by vertue of his Supreme power over all and partly by vertue of his indirect power in Spirituals and by vertue of either from the immediate donation of God And this supream Supervisorship is one of the Magistrates more particular Rights above mentioned And he hath alwayes held it generally in all Ages and Societies The Aegyptian Hieroglyphick for Government was an Eye in a Scepter and the chief Magistrate is like a watchman upon a Tower who is to look down and view the general state of his people The Deputative Supervisors further distinguish'd V. The Deputative Supervisors then are those also who derive their Right of such their Supervisorship either from the Supream Supervisor mentioned or else from Christ And they also are either Supream or Subordinate and these again either more or less Subordinate either pro tempore or pro perpetuo And all of them are the Church Governours or Ecclesiasticks ordinarily although sometimes others also in any Societie either Christian or other and in their several degrees and Spheres of Order and Government and according to the several Modes of Ecclesiastical Polity in several Societies and the Occasions of them and who so far forth as they are invested by the Supream Magistrate derive their Right either mediatly or immediatly from him and so far forth as by Christ in like manner also from him And this Ecclesiastical matter of Supervisorship so far forth as it is Ecclesiastical and relates directly to Religion is alwayes ordinarily and most properly thus to be committed by the Supream Magistrate and so far forth as belongs to him to Ecclesiasticks or Churchmen because it belongs to them in the nature of the affair and in relation to their being such a peculiar sort of members of their distinct Church-Society as was above mentioned more in the general Lib. 2. cap. 6. §. 4. 10. alibi And these supervisors also have been accordingly alwayes divers in the divers sorts of Churches and Societies that have been in the World So in the state of the Jewes and in the Ancient Heathen Church-Societies both amongst the Greeks and Romans and others as hath been also partly mention'd under another notion above Lib. 2. cap. 6. §. 4. And in the Christian Church whether more Primitive or Papal the Records concerning these things are to be seen in the Code and Novels of Justinian in the Body of the Canon Law up and down in the Canons of Councels and the like In the Code and Novels there are mentioned Vid. C. I●e Epis cap. Cl●r L 6. p r Tit. alibi Novel Vid. C●●stit 5 6. 28. 59. 67 123. alibi Vid. S●xti lib. 1. Tit. 6. prope fin Et ibid. Tit. 15. Et lib. 5. De Haereticis Et Clementin lib. 5. Tit. De Haereticis Et alibi The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Office of a Bishop in the Christian Church as was partly abovesaid the Patriarchae Metropolitani Archi-Episcopi Episcopi Presbyteri Diaconi Sub-Diaconi Exorcista Lectores Ostiarii and Artolythi The Patriarchs Metropolitans arch-Arch-Bishops Bishops Priests Deacons Sub-Deacons Exorcists nay even the Ostiarii or Door-keepers the Arolytes or more inferior orders of Servitors in Church affairs and the like others of divers sorts and degrees as may be seen And so also in the same Law there are to be seen the Papal Offices of Legate a latere of Inquisitions and the like describ'd and recorded and the like might be said also concerning other Monuments and Churches either more Ancient or Modern and as they have subsisted in their several times or manners in the World VI. As to the Christian Church then in particular and the offices constituted by Divine Authority in it we have here lighted upon the office of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Bishop or Overseer Ecclesiastical of the affairs of it and who is so termed up and down in the new Testament by way of Emphasis and Eminency and in a way proper to himself and distinctly from others And he is the Supream Supervisor in every Ecclesiastical Vniformity who is purely Ecclesiastical and who by vertue of the Institution of Christ and according to his being indued with suitable Direct power in spirituals from him is bound ex officio to look after the affairs of the distinct Societie of the Christian Church in the General besides what more particular powers he may at any time and in any more particular Mode of National society derive from the supream Magistrate principally for the sake of the Consistency of Religion with Government In the interim this office he is ordinarily to spend his time in and to look after and to mannage it with great care and prudence and that because without a due oversight of affairs the particular Church Powers cannot be rightly applied and brought to effect as was said and without the Application of them aright Hic Supra §. 1. there can be no well-being for the Church-Societie So then the due discharge of this great office of trust is fundamental to the well-being of the Christian Church besides also what respect it may have to the welfare of Civil Government and all Humane Society in any state or Common-weale There are some who mix this supream Ordinary Ecclesiastical Supervisorship and who by constituting the persons called Lay-Elders to be Jure Divino do divide and share the Ecclesiastical Supervisorship betwixt Laicks and Ecclesiasticks So the Church of Geneva See the Lawes and Statutes pag. 1. pag. 10 11. both expresly and in effect both by their constituting their Elders or Commissioners for the Seniory to be one