all and can be but One. This is further prov'd by the Effects of Empire or Authority these are Obligation and Coaction now if there were more Commanders in Chiefe than one their Commands might be contrary about the same matter and so impose upon the Subject a contrary obligation or coaction which is against nature And therefore as often as it happens that two Lawes oppose each other by reason of some circumstance the obligation of the one ceaseth This is the reason why the Paternall Empire which is naturall and most antient hath given place to the Civill and is subject to it because that which should be Highest could be but One. Object If any man shall say that Actions are divers some Judiciall some Military some Ecclesiasticall and so in respect of this diversity the highest Authority may be divided among many Answ it will follow according to his saying that the same person being at the same time commanded by one to the Court by another to the Camp by the third to the Church is bound to obey them all at once which is impossible or if not to obey all then there must be some order among them and the inferiour yeeld to the Superiour and then 't will not be true that the highest Authority is divided among them To this purpose are those words of the Divine wisdome No man can can serve two Masters and A kingdome divided cannot stand and that common saying All Power is impatient of a Partner 'T is otherwise in Authorities which are under the Highest for these may belong to Many because they are exercised about divers persons or if about the same persons they are so ordered by the Supreme that they may not clash Which ordination cannot be when many are every one supreme for the ordaining must be Superiour to the ordained Object To that which some object that Kings cannot command some things without the consent of the States We answer Answ where that is so there the supreme Authority is not in the Kings but either in the States or in that Body which the King and States compose Certainly to have the whole Supreme Authority and not be able to command any thing because another may forbid or intercede are altogether inconsistent From this Universality of the matter about which the Highest Power is employed the Art of governing is justly called the Art of arts and Science of sciences because there is no Art no Science which it doth not command and whereof it doth not teach the Use The Universality of the end is correspondent to the Universality of the matter The Apostle Paul saith the Highest Power is Gods Minister for good of every sort For explaning himselfe else-where more distinctly he shewes the Powers are ordained that we may lead a quiet and a peaceable life not only in all honesty but in all godlinesse also This indeed is the true Happinesse of a Common-wealth to love God and be belov'd of God to acknowledge Him their King and themselves his people as Augustin saith well who also saith The King and Rulers are happy if they make their Power serviceable to the divine Majesty for the propagation of his Kingdome and encrease of his Honour Emperours themselves Theodosius and Honorius have professed thus Our Labours of War and Counsells of Peace are all directed to this only end that our people may serve God with true Devotion And this that is so clearly demonstrated in holy Writ was not altogether unseen by those that had only the light of Nature for in Aristotles judgement that is the best Common-wealth which shewes the way to a most vertuous and happy life and as the same Philosopher affirmes that is the most happy way of life which leads most directly to the knowledge and service of God the contrary whereof is most unhappy Now if this be true that the end proposed to the Highest Powers is not only externall Peace but that their People may be most Religious and the things conducing to that end are called Sacred it followes that these things are all included within the Command and Authority of the same Power for the End being granted a Right is granted to all that without which the End cannot be obtained To these Arguments drawn from the very nature of the thing shall be added the most sacred and certain Authority of the Law divine Kings are commanded to Keep all the law of God to serve the Lord to kiss the Son This being spoken to Kings not as Men for so it would not concern them more than other men but as Kings it followes some royall act is required of them that is the use of their Authority in matters of Religion I had rather explane this in S. Augustin's words than my own Herein doe Kings as they are commanded by Him serve God as Kings if in their Dominions they command things good forbid evill not only in respect of humane society but the worship of God also And in another place The King serveth God as a man as a King as a man by a godly life as a King by godly Lawes As Ezechias by destroying the Groves and Temples of the Idols and as Josias served God in the like manner doing those things for the honour of God which only Kings can doe And this is that royall noursing of the Church which by the Prophet God hath promised After the Divine Law follows in its order the Custome of the Church and the Examples of Emperours whose Piety is out of question That all They used their Authority in sacred things will appear in all the particulars that shall be handled In short Socrates the Historian hath told us Ever since the Emperours became Christian the affaires of the Church depended upon them For the Church saith Optatus is in the Common-wealth i.e. in the Roman Empire not the Empire in the Church Constantine in an old Inscription is call'd the Author of faith and religion Basil the Emperour stiling the Church an Universall Ship saith God had placed him at the Sterne to govern it In that antient Epistle of Eleutherius Bishop of Rome speaking of Religion He entitleth the King of Britain God's Vicar in his own Dominion And Charles the Great is nam'd The Rector of true Religion by the Council of Ments That the Churches reformed in our Fathers time after the antient pattern are of the same judgement their Confessions witnesse It belongs to Magistrates not only to be carefull of Civill Polity but to endeavour that the Sacred Ministry be preserved and the kingdome of Christ propagated that the Gospell be purely preached and God served according to his holy Word So the Belgic Let the Magistrate hold fast the word of God and see that nothing be taught contrary to it So the Helvetian This office was enjoyn'd the Heathen Magistrate to take care that the name of God be duly honoured how much more belongs it to the
not the Vicars or Deputies of the Highest Powers all this diminisheth nothing of the right of Government as will appear by the examples of other things The power of Parems over Children of Husbands over their Wives hath its oâ—iginall not from any Humane Institution but from God himself yet who will deny these Powers though more antient to be subject to the Highest The Physicians function is from God the author of Nature as the Pastor's from God the author of Grace and from Nature and Experience he receiveth rules to execute his office not from the Highest Powers nor is he in their stead when he practâ—seth and yet for all this the Physician 's function is subject to the Supreme Authority There is the same reason in other arts and professions And that Pastors are not bound to obey the Highest Powers when their Commands or Prohibitions are contrary to Gods herein is nothing singular For every private man hath so much right and that in other things as well as Sacred Yea the Judge that receives his Commission from the Highest Power being comanded by the same to judge against right and reason is not bound to obey or rather is bound not to obey which comes to passe not because the private man or the Judge is not subject to the Highest Power none will imagine that but because both the Power and they are all subject unto God and when Commands are contrary the Superiour is to be preferr'd That which some allege that the Magistrate as they love to speak is not of the essence of the Church 1. That the Church can subsist although there were no Supreme Power or that Power not a friend to the Church is very impertinent for that we may speak in their phrase the Magistrate is not of the essence of any single man not of the essence of a Merchant or Husband-man or Physician yet are all these under the Higher Powers as reason teacheth and the Apostles authority This objection hath a better appearance The promise made to the Church in the Prophet Kings shall bow down to her with their face toward the Earth and lick up the dust of her feet which words rather seem to subject Kings to the visible Church than the Church to Kings This Argument the Papists often use But truly if as Esdras and his Companions once so wee interpret the Scripture by the Scripture comparing together what was dictated by the same Spirit we shall easily find the honour of which the Prophet speaks is proper and peculiar unto Christ which the Psalmist expresses almost in the same words and it is given to the Church for Christ spiritually reigning in it as under the old Testament we read the Arke to have been adored There is therefore a Trope in that prophecy neither can the words be rigidly pressed without transferring that Majesty to the Church which agrees to Christ alone the Prince of the Kings of the earth That saying which is so much cryed up by the Papists that the Emperour is within the Church not above the Church is most true of the Church Catholick that never was never will be under one King but it must be taken warily of the visible Church of one kingdome so as not to deny the Superiority of the Empire for a King that properly bears the name of King is not only Superiour to the people taken severally but to the whole people altogether Nor is this understood of unbelieving people only of whom Christ hath said The Kings of the Genâ—â—les bear rule over them but even Gods own people Israel thus speak A King shall be over us And Christian people are taught Subjection to the unbelieving Kings by Paul and Peter Whereupon is that of Chrysostome If this berequired under Pagan Kings how much more ought it to be under Kings that are believers Nor is it materiall that pious Authors sometimes say Kings doe service to the Church for they mean only that they doe consult and provide for the commodities thereof In which sense also the old Pagans call'd a Kingdome Service So doth the Shepheard serve his flock the Tutor his Pupill the Generall his Army and yet the Flock is not above the Shepheard nor the Pupill above the Tutor nor the Army above the Generall For they that govern serve by the office of consulting and graciously providing as Austin speaks Kings therefore may be said to serve the Church not to be servants of the Church in that sense as service signifies subjection For Saul is not the servant of Israel but Israel the Servants of Saul and specially Abimelech amongst the Priests as David among the Peers So is Sadoc the Priest the servant of David and Solomon Wherefore also the greatest Synods being as it were a Compendium of the whole Church living under the Roman Empire salute the Emperours by the name of their Lords Certainly as a Father hath equally the Rule over his family whether believing or not so the peoples right Religion diminisheth nothing of the Right of the Highest Power Some think this a very strong argument against the Authority asserted to the Highest Powers that the Sacred Function of Pastors is conversant about Kings also not only as the Gospel is in generall preached unto them among the rest but as by the Ministry of the Keys it is applyed to them in particular But the weaknesse of this Argument is convinced by like examples for what Function is not conversant about the King Husbandmen Merchants and the like the King stands in need of but to come nearer the Physician cures the King as well as his Groome and prescribes to both what may conduce to their recovery moreover the Counsellour of State is employ'd about the King not only as a man but as a King Yet no man hath been so unwise to exempt either the Persons or Functions of any of them from the Highest Authority and loose them from the bonds of Humane Lawes We must come now unto them who think all Authority about Sacred things so to belong unto Christ alone that Kings cannot be partakers of it because he is sufficient alone for the Administration of his Kingdome and needs not the help of a Deputy That we may satisfy these men the actions of Christ must be distinguished His Legislation and his finall Judgement are peculiar to him In his Legislation is comprehended not only a more plaine promulgation of the Divine Law mis-interpretations being rejected and the difference laid open between the things which God alwaies approved and those which he did wink at or beare with for a time but also the constitution of the Evangelicall Ministry and Sacraments with the abrogation of the Ceremoniall Law His finall Judgement conteins the condemnation of some and the absolution of others with exhibition of the reward Which being done Christ shall put off the Administration of his Kingdome and yet retein the Majesty of a King for
govern'd in a divers kind of government for the Counsellour governs the King by perswading He that is skill'd in Naturall right by declaring divine Law the Physician and Pastor both wayes yet hath the King command over them all and that the Highest The Government by consent although Constitutive is also subject to the Empire of the Highest Powers because no man by consenting can conferre upon another more right than he had himself For this Obligation arising from the Liberty of every one is not larger than that liberty but they have not liberty being single to do any thing against the Command of the Highest Power except the things which God commands therefore they have no right to bind themselves so farre Besides two Constitutive Governments â—unlesse subordinate one to the other cannot consist nor can any Subject be obliged to contraries as before is said which is the reason why the Paternall and Priestly government of the Old Testament for the Aaronicall Priesthood was never without Authority was by God subjected to the Royall Lastly that Authority which is allowed to Pastors by the Supreme being both subject to it and wholly proceeding from it is so farre from overthrowing that it plainly confirmes the right of the Supreme for the cause is known by the effects and that which gives Authority to another hath it selfe more Authority CHAP. V. Of the Judgement of the Highest Powers about Sacred things THe Authority of the Highest Powers about Sacred things being clear'd wee come to that which pertains to the right use of this Authority The Commands of Authority must proceed from Judgement Judgement properly denotes the act of a Superiour defining what is just between two parties and the Highest Judgement is that of the Highest Power for the Lawes and Decrees thereof cannot be nulled or repealed by any Higher although obedience to such Lawes and Decrees be not absolutely due but so farre as it may be given without violation of Gods command Now as the Authority is extended to Sacred things as well as Secular so is the Judgement too according to which the Authority is used Indeed some Kings and Emperouss have seemed to reject from themselves the Judgement concerning Religion but that was either because they found themselves unfit and unable to performe that office or else they meant only as the Great King of Britan interprets his own words and some of the antient Emperours that they did not arrogate to themselves as the Pope of Rome doth a Judgement infallible The truth is all Humane Judgement is subject unto error and unlesse we will take away all Judgement out of the world we must acquiesce in some Highest whose errors are to bee reserved to the Judgement of God If you grant this Highest Humane judgement I speak not of Directive judgement but Imperative it will not follow thence that Pastors and other Christians may upon the judgement and command of the Highest Power omit the necessary duties of piety and charity for as above hath been shewed the commands of the Highest bidding or forbidding whether in Sacred things or Secular bind us not to doe or omit any thing against the Law of God either Naturall or Positive but only to suffer and that only where the paine cannot be avoided but by contrary force The Supreme Judgement of Christ doth no more deny this Judgement of which we speak than his Authority the Authority of the Highest Powers Legislation carrying with it by its own vertue the reward and punishment eternall and finall judgement according to that Law is the Prerogative of Christ alone In the meane time Christ speaks by his Spirit by Divine Judgement yet doth not Humane action follow that Judgement unlesse Humane Judgement be interposed Which as it belongs to every Christian in respect of his private actions so in respect of publike and of private that are govern'd by publick Authority it belongs to the Publick Powers and to the Highest in the Highest degree Brentius long agoâ— saw this whose words are these As a Private man hath a Private so a Prince hath a Publick Power to judge of the Doctrine of Religion and to decide it They that make the Scripture Judge think rightly but speak improperly for if we speak exactly the Scripture is the Rule of judging and the same thing cannot be both the Rule and the Judge In the same kind of speech the Law is said to Judge no man unheard and The word which I speak saith Christ shall judge them at the last day To the Pastors and others that have their senses exercised in the Scripture and to the Churches but especially and in the Highest manner to the Catholick Church agrees a Judgement concerning Sacred things for every one as Aristotle saith rightly judgeth of those things which heâ—â—nder standeth But this Judgement is of another kind for it leads the way to their own actions and the actions of others by directing not by commanding And it is not absurd to grant two Highest Judgements of severall sorts such as are the directive Judgement of the Catholick Church and the Imperative of the Highest Power for there is no Judgement among men higher in esteeme than that none higher than this in Power Now seeing there are two enemies unto judgement ignorance and ill-affections to the end the Supreme Governour may rightly exercise the Judgement that belongs unto him he hath need both of knowledge in Sacred matters and of a mind truly Religious things so united one to the other that Religion encreaseth knowledge and knowledge Religion as Lactantius hath plainly shewed There is in Tacitus an excellent forme of Prayer for the Emperour that God would give him an intelligent mind both in Humane and Divine Law But as far as Divine things excell Humane so much more glorious more profitable and more necessary is the knowledge of Divine things than of Humane Therefore is the King so strictly charged to write himself a Copy of the Law to keep it with him and read therein all the dayes of his life and to Joshuah saith God Let not this book of the Law depart out of thy mouth but meditate therein day and night and in the 2 Psalme 10. verse which evidently respecteth the times of Christ Be wise O ye Kings be learned ye Judges of the earth The pious Hebrew Kings of old obeyed these admonitions and so did the Chiristian Emperours Theodosius and Valentinian Among other cares which our vigilant Love of the Common-wealth hath imposed on us we perceive the principall care belonging to the Imperiall Majesty is the search of Religion by the conservation whereof we may hope for successe in all our enterprizes And saith Justinian Our greatest sollicitade is concerning the true knowledge of God and the honour of his Ministers These precepts and examples prove that the King ought to be skilfull in Religion Yet there are some that Object and say it
cannot be that one should well attend to any in particular who hath upon him the weight of all affairs To whom we answer there is as it were a naturall coherence between the generall knowledge of all and the more exact knowledge of the most noble part So doth the Metaphysiologer generally considers all that is and specially things incorporeall the Physiologer all that moves and Heaven above the rest Even so ought the Architect of a Common-wealth to have a generall view of all affaires and studies but a neerer and more curious insight into those of the Church Neither is the knowledge of Sacred things so intricate as some would make it Theology saith Nazianzen is a thing simple and naked without any great Artifice consisting of Divine Testimonies which yet is depraved by some men and turned into an art of very great difficulty I speak of those things which are substantiall points of Faith and belong to the body of Religion for there bee other things partly Metaphysicall partly Historicall and also partly Grammaticall which by Divines are often handled with great contention and clamour With these it is not necessary the mind of a King should bee over busied no more than with the subtilties of the Law whereof the prime Titles are very needfull to be known There is a kind of intemperance in the desire of knowledge and the wisest man is he not that knowest most but that knoweth what is most usefull What the Apostle said to all let the Highest Powers apply unto themselves and be wise unto sobriety In whatsoever is expedient and sufficient for them to know the Divine ayde will not be wanting which will easily supply the defect of time One of the Antients said He had learned more by praying than by reading God is not deaf to these prayers of the Church Give the King thy Judgements O God and thy righteousnesse to the Kings Son Thou hast made me know thy secret wisdom saith David Salomon was very yong he knew not how to direct his steps the multitude of his subjects the weight of his affairs sate heavy on him and who saith he can be able to Judge this so great people Therefore he prayes God to give him an understanding heart that he might judge the people and discern between good and evill What answer doth God returne Because thou hast not asked long life nor riches nor the life of thine enemies but understanding to heare judgement behold I have done according to thy words behold I have given thee a wise and an understanding heart God and Nature as they say are not wanting in necessaries Wherefore since Empires are ordained by God and that especially for the safeguard of true Religion what can be more agreeable to the Divine goodnesse than to afford unto them that humbly pray for it whatsoever is necessary to their Function In the old Testament God hath often endued the powers with the gift of Prophecy In these last dayes He hath spoken to us by his Son In whom God the Father hath open'd all his Connsell concerning the Salvation of men After him there are not more Masters now but one is our Master Christ of whose fulnesse we have all received No new Revelation as of old is now requir'd but only the promulgation of that which is revealed Nor hath any man cause to complaine of Obscurity or Subtility the word is nigh unto us in our mouth and in our heart This Doctrine is hid to none whose eyes are not blinded by Satan And therefore all are said taught of God all knowing God Christ having in some sort fulfilled that desire of Moses who wished than all the Lords people might be Prophets And if the understanding of the Gospel be so easy and at hand to all Christians among whom are so many rude and busied that get their living by perpetuall labour of their hands what is it that can exclude â—â—ngs from a benefit so generall especially when the Apostle hath applyed that Universall God would have all men to come to the knowledge of the truth unto Kings especially In this confidence the Emperour Theodosius being in the cause of Religion to pronounce judgement between severall sects in private implor'd the Divine help and obtein'd it Justinian obtein'd the same in setting forth such a Confession of Faith than which none of the Fathers or Bishops set forth any more full or more luculent Certainly the things which are necessary to be believed and done and those also which though not necessary are of any great moment in the Church are but few in number and very obvious shining forth first in the Sacred Scripture and afterward in the perpetuall consent of more pure Antiquity The rest can hardly put the Highest Power to any trouble and yet if any suddain difficulty and unexpected shall arise which happens more oft in Secular than in Sacred things time may be taken and faithfull Counsels Thus for of knowledge The other part which we require in the Highest Power is Piety No vertue is more worthy of a King Hence is it given in Precept to the King of the Hebrewes to learn to fear God and observe the words of his Law to Joshua not to depart from that praescript either to the right hand or the left The same is often inculcated to the Kings by the Prophets Two faults there are to be avoyded by the Highest Power first and above all that greatest of spirituall Maladies Atheisme Superstition next which effeminates the mind and overthrowes all generous Counsells 'T will be a very good caution against both to think often of that Apostolicall speech The end of the Commandement is Charity out of a pure heart and a good conscience and faith unfeigned from which some having erred turn aside to vain jangling willing to be teachers of the law when they neither understand what they say nor whereof they affirm We have shewed what is requir'd in the Highest Powers that they may rightly exercise the Right they have But here we must not forget to observe the distinction between the rightnesse of an action and the firmnesse of it For example a Judge unskilfull of the Law hath pronounced a wrong sentence the Judge hath done amisse yet is not the Sentence null but unlesse an Appeale followes it passes into a judged Case A privare man that is master of his own estate hath prodigally made away his goods the alienation is valid although the act be vitious If parents be harsher to their Children Masters to their Servants than is fit they are in fault yet is obedience due unto them There be many cases of like nature The reason is because many things are requir'd to make the action right it must proceed from an understanding well inform'd and an honest purpose of mind it must be done in due manner and with fit circumstances to make the action fume only one
incommodities the Genevians feared when they took such a sollicitous and wary course for their elections CHAP. XII Of Substitution and Delegation about Sacred things IT is not enough for the Supreme Governour to know his own Right unlesse he know also how to use it in the best way Now whereas the Supreme Governour executes his Office partly by himself partly by others in those things which he dispatcheth by himself how he ought to use the Counsels of wise men is said afore nor is it unworthy to be here repeated that the Christian Emperours and other Kings alwaies had standing by their side most Religious Pastors by whose Counsels they did dispose of Sacred affairs as they did of secular by the advise of others But neither by this Help is the Supreme Governour whose influence is diffused through so many and so great businesses enabled to dispatch all things but hath need to use the service of Deputies The most weighty labours saith a wise Author of him that holds the Imperiall Ball have need of Helps And many businesses want many hands The Disputation makes a great noise in the Law-School What parts of Authority may be committed to other by the Highest Power It would be tedious and impertinent to relate all that may be said upon this queston In short some things there are which are not possible to be separated from the right of the Highest Power some things which to communicate to any other by reason of their greatnesse is not expedient Of the former kind is the right of amending Laws though made by others the right of cancelling unjust judgements if not by way of appeal at least by way of Petition the right to void elections which are against the good of the State or Church Of the later sort are these the choice of Religion and as well the Election as the Deposition of the chiefe Pastors which the Highest Powers for the most part have reserved to themselves yet not alwaies For also to certaine subjects whether Princes or Corporations we see the choice of Religion hath been granted when the necessity of the times exacted it Nor is this so new when the Persians also Macedonians and Romans granted the Jews and other Nations under their Dominions Liberty of Religion Moreover the Bishops of Rome and Constantinople we know were not alwaies elected by the Emperors The ways of committing Right to others are two Substitution and Delegation Substitution I call a mandate given by Law or Privilege Delegation by speciall Grant That the Highest Powers were accustomed to substitute Bishops we have shew'd above for thence ariseth the right of making Canons which have the force of Law the right with Power to depose a Pastor or to exclude one of the people out of the Congregation which apparently have been permitted to Synods or Presbyteries From the same Spring-head is the right of the Clergy or Chapters to make elections as may be proved by many Patents of Emperours and Kings Wherein verily their piety is worthy of all honour For they judged that unto them who were most acquainted with Sacred affairs and to whom the Pastorall Regiment was by God committed that other Regiment which flows from the Imperiall Power might also be committed most safely Would the event had not oft deceiv'd them in their so honourable design In the mean time they who endure not Pastors to be call'd in any part Vicars of the Highest Powers are to advised to depose their errour moved either by reason or the Authority of Laws and Histories Elsewhere we see the care of holy things was committed to Pastors with others not Pastors but pious and learned men and that not without example of Divine Authority For the great Synedry of LXX among the Hebrews upon whom among other things the care of Religion lay consisted of Priests Levits and men chosen out of the people No doubt in matters of Religion yea in all Judgements if I mistake not the High Priest gave his sentence before the rest Yet so that the Kings Vicegerent who was entitled Nasi had the first place and asked the Votes After which exemplar I observe the Ecclesiasticall Senate is compos'd in the Palatinate This Conjunction of the lesser Powers with the Bishops I find also in Justinian Certaine it is in the Deposition of Bishops the judgements of the Synod and of the Synators or Judges adjoyned by the Emperours met together So Pholinus is deposed by the sentence of the Bishop and the men of Senators rank whose names are recorded in Epiphanius Sometimes therefore the lesser Powers were associated to the Pastors only to suppresse violence and tumult sometimes to give sentence with them And so in the election of Bishops Justinians Law united with the Clergy the City Magistrates Which manner had not its first Originall then for Theodoret tels us After the death of Athanasius Peter was made Bishop by the suffrages of the Clergy and of the men in dignity and office Yea times have so fallen out that by reason of Schisms or the tumour of Bishops it was necessary this weighty part the care of Sacred things with command should be committed to the inferiour Powers and that without the Bishops For Aelianus Constantin's Proconsul and Marcellinus by Commission of Honorius examin'd the Laws of the Donatists and gave sentence 'twixt the parties as above is noted And in the Court of CP one of the Patricians did particularly attend the Church affairs whence his Office had its name So also the Parliaments of France by appeal the Senate of Spain by way of opposition the Court of Holland by penall writs corrected the errours of the Ecclesiastic censure Moreover that the right of electing or presenting Pastors the right of ordaining saved to the Pastors and of probation to the people was oft times allowed to lay-men alone is clear enough And this is the Right of Patronage which not with us only is in force but in England and the Palatinate as may be seen in the English Canons and the Palatine Constitutions Now as we doe not blame their piety who are sollicitous lest any mischief be done the Church under colour of this right so the truth exacteth at our hands not to let passe in silence the temerarious Assertion of those men who say this right is a new thing and depends upon the Authority of the Pope Surely Justinian is not a new Emperour nor liv'd he under the Popes Domination yet hath he established this Right by a Law If any devout person hath built a House and will ordain Clerks in it here to ordaine the Latine Interpreter translated for to elect either himself or his Heirs if they maintaine the Clericks and name such as are worthy the named shall be ordained but if the presentees are by the Holy Rules excluded as unworthy of Ordination then let the most Sacred Bishop ordaine such as he shall find more worthy This Law was
Christian Magistrate as the true Deputy of God in his Dominion So the Basil Confess Yea the English Church denounces Excommunication against them that deny the King of England that Authority in Ecclesiasticall affaires which was used by the Hebrew Kings 'T would be tedious to transcribe what hath been written in defence hereof Besides the Divines all the writers of Politie that are worth the reading have given account of this not only as a part but as the principall and best part of the Imperiall Right Neither have only the antient Christians and late reformed but other Nations also deliver'd this with so great consent that 't is most manifestly the very voyce of right reason common to all man-kind and being derived from the most antient before the depravation of Religion by a long Succession hath been deliverd to their Posterity The first care in a Common-wealth is about things Divine thus Aristotle and Plutarch This is the first thing in making Lawes It is fit saith he the Best should be honour'd by the best and He that ruleth all by him that ruleth The most ancient Law-givers Charondas and Zaleucus approv'd the same by their own example and the twelve Tables the Fountain of the Roman Law derived from the Greeks contained sundry Precepts about Sacred things Justinian and Theodosius have Lawes concerning Religion in their Codes and Ulpian defines the wisdome of the Law to be the knowledge of things Divine as well as Humane Suarez himselfe confesseth It hath been alwayes observed among men though particular offices Civill and Ecclesiasticall were given to severall persons because the variety of actions required that distinction yet the Supreme Power of both especially as to making Lawes was seated in the Prince and so it appears by Histories that unto Kings and Emperours in the City of Rome and the Empire this Power was ever given The same is also probable of other Common-wealths Generall Custome saith the same Schoole-man declares the institution of Nature Indeed Thomas and Cajetan seem to have thought all the care of Law-givers in those Nations to have regarded only the publick Peace But this thus precisely taken is very hard to be proved and scarce credible For the Christian Fathers doe prove most evidently that the Greeks of old believed Rewards and Punishments after death to be reserved for men by divine Judgement That they thus believed and other Heathens too there are very many Testimonies of most faithfull Authors Why then may we not believe this end was look'd upon by some of their Law-givers especially when Austin saith 'T is not to be doubted very many beside Abrahams Family although the holy Scripture mention only Job and a few more did believe and hope in Christ to come But besides that end eternall happiness the prime and principall this also is a just cause for the Highest Powers to take Religion into their charge the great Consequence it hath to outward felicity and concord and that for two reasons the first in respect of Gods providence for piety hath the promises not only of the future but of the present life Seek first the kingdom of God and all other things shall be added unto you And in the old Law of the Hebrewes a prosperous Reigne fruitfulnesse of the earth victory over enemies are proposed to the godly to the ungodly are threatned most grievous curses Nor were the Gentiles ignorant of this no not after they had departed from the one true God unto their Idols Livy saith All things fall out luckily to those that worship the Gods unprosperously to the despisers of them In Plato there is much to this purpose For Christian writers take only that of Leo to Martian I rejoyce that you are studious of the Churches peace and this shall be your reward the peace you give to the Church your Empire shall partake of The other reason is from the nature and proper efficacy of Religion which is of force to make men quiet obedient lovers of their Country keepers of Justice and Equity and where the people are so well disposed the Common-wealth must needs be happy Hence Plato calls Religion the fortresse of Power the bond of Lawes and good Discipline Cicero The foundation of humane Society and Plutarch sayth the City may more easily be built without ground than the Citizens preserv'd without a persuasion of the deity Cyrus in Xenophon thought his houshold would be the further from any evill enterprize against him or one another the more they feared God and Aristotle notes that Subjects doe most esteem and trust the King whom they believe to stand in awe of the divine power Even false Religion conduces somewhat to outward peace and the nearer it comes to truth the more it prevails to that end but for Christian Religion to let passe the testimonies of her friends the adversaries have given it this praise That it binds men with a holy tye not to commit stealth or robbery not to break their word or faile in their trust as Pliny speaks That it teacheth nothing but what is just and gentle as Ammianus Marcellinus that it is a persuasion which destroyes all wickednesse as it is in Zosimus Nor is this the effect of Religion in that part only where it prescribes a rule for manners and strengthens it with threats and promises the Doctrines and Rites also have no small moment to the furthering of good life and advancing the publick happinesse Xenophon perhaps thought it was a witty conceit when he said T' was all one as to manners whether we believe God corporeall or incorporeall but Truth it self hath taught us otherwise when from this that God is a Spirit is inferr'd therefore He must be worshipped in spirit The most vertuous mind as Seneca also acknowledgeth is the best worship and most acceptable to God So doe even the Philosophers teach that no foul deed is to be committed because God is every where present and because God knowes all that shall come to passe they shew that nothing shall befall good men but what shall turne to their benefit Tiberius was the more negligent of religious duties as Suetonius hath it being perswaded all things were carryed by Fate and it was not in vaine that Plato said If you would have the State goe well you must not suffer any one to teach that God is the cause of Evill deeds which to say is impious and therefore to the Common-wealth most pernicious The same Plato shewes at large that it is of much concernment what rites are used and with what mind in the second Book of his Republick where he setteth down the harme those Ceremonious expiations doe by the use whereof without amendment of life men hoped for pardon of their wickednesse Other causes but lesse principall might be added for which the highest power cannot relinquish the command over sacred things without the very great hazard of the Common-wealth for some Priests are of
of Synods the hearing of Causes it depends upon the will of the Highest Power from whose Authority it proceeds although in the ordinary way inferiour Courts are not past by yet if those Courts be liable to some suspition or the businesse will not bear delay the Highest Power may call it from them to himself We conclude therefore that which Whitaker and others have written before and the example of Free Cities that without a Synod preserve their Churches doe confirm A Synod is not at all times necessary nor in every case So far from necessary sometimes that it is not profitable for as the parts are such is the whole I will not here repeat the old complaint almost of all ages that the chiefest distempers of the Church have proceeded from the Priests Nazianzen hath said enough where he also renders the principall causes thereof the Ambition and Pride of Church-men nor doth hee speak of Arian Synods only but of all of his time those especially wherein himself was present Therefore saith he have I withdrawn my self and sought for security of mind in rest and solitude This evill will happen if it appear either that the integrity of judgement is hindred by vehement prejudices which often befalls men not malitious or that factions are so prevalent that a farther branch may rather bee expected from the Synod than any testimony of consent I much wonder what came in some mens minds when they said They that accuse another of impiety may be his Judges also in a Synod and that the Right of refusing which hath place in civill affans cannot be extended to Ecclesiasticall For certainly the common Rules which arise out of naturall equity ought to be of force no lesse in Ecclesiasticall than other judgements and I remember Optatus speaking properly of the Ecclesiasticall saith Judges must be sought which are not of either party because judgement is hindred by affection In the Councill of Chalcedon the Judges charge the Legats of the Roman B. they should put off the Judges person if they would be the accusers of Dioscorus And Athanasius would not come unto the Synods wherein 't was manifest the adverse party raigned Such is often the face of things that a Synod may be hurtfull at the present which if you stay awhile and let the mindes of men come to a calme may be called to good purpose Time shall declare saith the Apostle the work that is the doctrine of every one And If any man be otherwise minded God shall reveale the truth In both places shewing there is often need of time that the Truth may be found out and a right judgement given The contrary may also happen that the present evill cannot endure the delay of a Synod and calls for a more compendions remedy Moreover the same causes for which great Assemblies are suspected by the Highest Power may also have place in Synods for as a very learned man hath said It is not lesse Politicall to assemble Bishops than other Orders of men There is the same fear the same danger unlesse they have put off Humane passions when they became Pastors I might reckon up many examples of unhappy Councils as were under Constantine those of Antioch Caesaria and Tyrus the Bishops of which last as the Emperour in his Letters plainly tells them did nothing else but sow divisions and hatred and disturb the Peace of the world Yet I confesse the Church is not in the best condition when Synods cannot be had and therefore all means is to be used that these Assemblies may be retain'd or after long omission restor'd whereby the Church speaks both to her Members and her Governours with most convenience And yet even then when the Highest Power governs without a present Synod it hath the judgement of the Church in former Synods it hath the perpetuall consent of the most famous Doctors which flourished in every Age and Nation it hath the most learned and religious Divines of the time present both domestick and forraign whose opinions are worthy of an equall regard especially in points of Doctrine which is the common study of them all and in respect whereof they have every one a share in the Universall Episcopacy In making Church-Laws the King saith the Bishop of Ely made use of men fit to be advised with men who in reason are esteemed most under standing most able and judicious to answer in such affairs and saith Burhil He was instructed by Ecclesiasticall Councils or in defect of these by Authors for their Faith and skill in these matters most approved Upon the premises we see there are other causes beside the great corruption of Religion in contemplation whereof Synods may or ought sometimes to be omitted and therefore they were not so often granted by the Christian Emperours as they were desired All are Petitioners to your Grace with sighs and tears saith Leo to Theodosius that you would please to command a Synode in Italy Yet he prevailed not yea in vaine did the Right of calling Synods belong unto the Emperours if upon just cause they could not deny to call them It is certaine the Churches which were sick of the Ubiquitarian errour could not be accounted past all hope yet the Electors and Princes to whom the Laws of Germany commend the care of Religion without a Synode by the Counsell of wisemen expelled this disease out of their Dominions and are praised for it by the same persons who will not acknowledge the Right on which alone that Reformation depends The office of a Prince as Zanchius and others with him note partly consists in this that untill a free Councill may be had which cannot be had at all times He command the dissenting parties to use not their own but the tearms of Scripture and forbeare to condemne each other in publick This also pertains to the Right of ruling before a Synode and therefore without a Synode It doth not follow hence that the liberty of judgeing which by Divine right is due to Divines is taken from them for they may also out of Synods deliver their judgement either before the Highest Powers or if it be needfull before others too and they may render the reasons of their judgement out of the word of God The summe is this Synods we confesse are the most usuall help of Governing the Churches yet we hold such time may fall out that Synods may not be profitable and convenient much lesse necessary And our greatest wonder is the boldnesse of some men that maintaine even when the Powers take on them the protection of the Church whether they will or no Synods may lawfully and rightly be assembled Beza was of another mind who hath said Synods are to be called not without the command and favour of the King Junius was of another mind who said 'T is an unjust and dangerous attempt of the Church to hold a generall Assembly without his knowledge
instance in Civill affaires For Kings unto whom supplication is made against the sentence of the Praetonian Prefects or of the chief Senate do for the most part commit the last hearing of the Cause to men of Law whose sentence unlesse it be suspected they confirm sometimes they command the Cause to be pleaded all again before themselves So in causes Ecclesiasticall it was the Custome for Emperours to commit the matter to the examination of other Bishops for their religion and wisedome most noted and taking account of them to confirm what in their own discretion they judged best And this is the cause why against former Synods other new and these not greater than the former were so often called not because this Synod by it self was Superiour unto that but these men had greater credit with the Emperours than the former It was but seldome that the Emperours heard all the Cause again themselves as Constantine after the Church had judged twice himself examin'd the Gause of Coecilian and gave finall Judgement in it He also call'd before him the Bishops who had met at Tyrus to render him an account of all their doings Wherein he is justly defended by our Men against the Patrons of the Roman Sea It is true in Sacred no lesse than in other matters that an Appeale strictly taken which inhibites the execurion of Sentence given may by the Civill Law be taken away but then there is left open another way to implore the Hearing of the Highest Power by Complaint or Supplication For if this be denyed the King could not scatter away all evill from his throne Hee could not be a terrour to all evill which is his perpetuall office so that the old woman said well to Philip of Macedon If he were not at leisure to be Judge Hee should not be at leisure to be King Maecenas saw this of old who sheweth to Augustus that no man under the Highest ought to have so much Power committed to him as that from him there should be no appeal One thing more must be remembred here that the right of the H. Power after the Synod to determine any thing against the Synod cannot be contracted only unto those Controversies wherein as it were the whole body of Religion is in Question For there is the same right in the parts as in the whole and the reasons before alleged give unto the H. Power a free finall Judgement in single Questions as well as in all together For also in single Questions Synolds may erre neither ought the H. Power to yield blind obedience to them much lesse by its Authority to defend a false and hurtfull doctrine or suffer the truth to be oppressed nor can the wisdome of the Highest Power permit errours to encrease by little and little and as their nature is one beget another till their number be so great that they cannot be rooted out without hazard of the Common-wealth CHAP. VIII Of Legislation about Sacred things HItherto we have spoken generally now let us more neerly view the severall parts of Authority The Act of Authority either respects all or single persons that is Legislation this if an occasion of Sute is Jurisdiction if otherwise it is called by the generall name because it wants a speciall Of this last sort the commands are such as the Centurions I say unto this man Goe and he goeth to another Come and he cometh to my servant Doe this and he doth it but the principall act is the Injunction of Functions permanent In what things Legislation is may be understood by the precedent part of our discourse for almost all things belonging to Authority we have explained by examples of Legislation as the more noble Thence it appears that a Law is made either of the things defined by Law Divine or of those that are left undefined The Laws that are made either respect the whole body of Religion or the parts of it In nothing more shines forth the vertue of Supreme Authority than in this That it is in the power and choice thereof what Religion shall be publickly exercised This all that have written Politicks put in the chiefest place among the Rights of Majesty and experience proves the same For if you enquire Why in England under Queen Mary the Roman Religion was set up but under Queen Elisabeth the Evangelicall the nearest cause cannot be rendred but from the will and pleasure of the Queens or as some will have it of the Queens and Parliament Enquire why one Religion is in Spaine another in Denmark another Sweden you must have recourse to the Supreme Governours will But many doe object If that be so the State of Religion will be very unconstant especially where one is Ruler over all for upon change of the Kings mind Religion also will be changed 'T is true indeed that they say but that danger is in all other things as well as Sacred The work will be like the work-man and the Law be as the King Yet no mans right is to be denyed him for the danger of abusing it for then no mans right shall be safe Besides although the Highest Power should transfer that right upon another which we have shewed he may not the same danger would still remaine for the right would but passe from men to men and every man may be deceived Here then our only comfort lyes in the Divine providence Indeed the hearts of all men God hath in his power but The Kings heart is in the Lords hand after an especiall manner God doth his work both by good and evill Kings Sometimes a calme sometimes a storme is for the Church more useful If the Governour be pious if a diligent reader of the Scriptures if assiduous in prayer if Reverent to the Catholick Church if ready to heare wife Counsels by him will the truth be much advanced But if he be of a perverse or corrupt judgement it will be more hurtfull to himself than to the Church for he must expect a heavy judgement from the King thereof who will not suffer his Church to be unrevenged The Church in the meane while ceaseth not to be the Church yea if the King rage against it it will gather strength and inciease under persecution Certainly 't was never lawfull for Subjects to gaine by force the publick exercise of their Religion the antient Christians when they were at strongest when they had Senators and Presidents very many of their mind never took such right unto themselves 'T is the Office of the Highest Power alone publickly to authorize the true Religion and to remove the false To remove Idols out of private places belongs to the Lord of the place and upon his neglect to the King as the Lord generall but to remove them out of the publick place is the right of the Highest Power and to whomsoever it shall delegate that office And thus is that Law of Deut. to be
interpreted You shall destroy their altars and break downe their statues and cut down their groves and burn their graven images with fire The command must first be given by the Highest Power and then must execution be done readily by the Subjects Doe thus saith Austin upon the place when you have receiv'd Commission for it The Pagan Temples in the Roman Empire were not shut up before that Law of Constantius extant in both the Codes If any one hath broken Idols and there been slaine the Elibertine Councill forbids him to be receiv'd among the Martyrs because it is not written in the Gospell nor is any such thing found done by the Apostles But the Highest Power hath not only forbidden Idolatrous Assemblies but those too which gave themselves to any evill superstition or errour publickly pernicious or were obstinate breakers of the Churches peace Christian Emperours have excluded Hereticks and Schismacks from all accesse to honours have deprived them of the right to obteine any thing by Will have given away their Churches to the Catholicks All which Austin at large defends against the Donatists For those pâ—â—shments of such inexcusable Delinquents in Religion which left them time of repentance the antient Church approv'd But the paine of Death was so much against the gentlenesse of the old Religion that Idacius and Ithacius were condemned by the Bishops of Gallia for being Authors that certaine Priscillianists should be confuted with the sword and in the East a whole Synod was condemned which had consented to the burning of Bogomilus Yet sometimes also false Religions have gone unpunisht under pious Emperours The Jews whilst they held from the contempt of the Christian Law and from drawing over Christians to their Sect had alwaies free use of their Religion Neither were the Pagan rites prohibited by Constantine at the beginning of his conversion but he advanced Pagans to the Consulship as Prudentius notes to Symathus So Jovinian and Valentinian Princes worthy of all praise terrified not them with threathing edicts that violated the verity and unity of the Christian Law And which is more to be noted the Emperours did not only permit impunity to disagreeing sects but often made Laws to order their Assemblies Constantine and following Empâ—â—urs grant to the chief Rulers of the Jewish Synagogues the same Rights with Christian Bishops So Theodosius forbids any to be received into their Sect against the will of their Primates and forbidding them to be received into their Assemblies that denyed the Resurrection and Judgement or would not acknowledge the Angels to be Gods creature He saith he had reformed the Jewish Nation So the Proconsuls took away the Churches of the Donatists from the Maximianists because they were proved to have been condemned in a Councill of the Donatists Moreover in the true Church the Right and Office of the Highest Powers is not only conversant about the whole body of Religion but the single parts as reason and examples doe evince Reason because it cannot be otherwise but He that hath right upon the whole hath right upon the parts Examples are at hand Ezechias that he might suppresse the adorers superstition took away the Serpent set up by Moses and by the same right against the Decrees of the second Nicene Synod Charles the Great forbad the adoration of Images Honorius and Arcadius repressed by their Edict Pelagius and Calestius the authors of a false opinion and so of late some of the German Princes have purged their Churches otherwise well ordered of the Ubiquitarian Errour For prevention of Schisme Constantine cut off needlesse Questions an example worthy to be imitated by our Rulers for it is most true which Sisinius said to Theodosius By Disputations about Religion contentions only are inflam'd The Emperour Andronicus of excellent knowledge in Divinity threatned the Bishops disputing subtilly upon The Father is greater than I that unlesse they would abstain from such dangerous discourse he would throw them into the river Even true words but not extant in the Bible were for a time forbidden to be used So Heraclius the Emperour prohibited both the single and the double Energy to be ascribed to Christ that this is not to be dislik'd we have the authority of St. Basil for us who saith Many pious men abstained from the words Trinity and Homousion and that also the word Unbegotten is not to be used of the Father because these words are not in Scripture And Meletius of Antioch for a time abstained from questions about Doctrine only delivering what pertained to emendation of manners esteeming this care above the other It is pertinent here which Plato hath in his Lawes That no man should publish any writing unlesse approved first by Judges appointed for the purpose This is also an especiall work of Lawes to compose the manners of the Clergy The blind and the lame David excludeth from the Temple Ezechias and Josias command the Priests to be purified Justinian doth not allow the Bishops to wander up and down to play at Dice to be spectators at Playes And Platina exclames very justly O King Lewis I would you lived in our times Your most holy orders your Censure is now very necessary for the Church To proceed That the Powers also used their Authority in defining things which the Divine Law hath left undefined is most plain The King of Ninive proclam'd a Fast David commands the Ark to be transported Solomon orders all things for the ornament of the Temple and after him Josias who also takes care that the Treasure destin'd for Sacred uses be not alienated Of this kind is the greatest part of Constitutions which appear in Theodosius and Justinian's â—ode and in the Novels and in the French Capitulars as of the age of Bishops Presbyters Deaconesses of the immunity and judgements of the Clergy-men and insinite other things which were tedious to number That in those Lawes are Constituted many things that are not in the Canons both the Reading shewes and Whitaker confesses Therefore also in the Trent Synod the King of France doubted not to declare by his Orators That the most Christian Kings so 't is in the Acts have made many Edicts in matters of Religion after the Example of Constantine Theodosius Valentinian lentinian Justinian and other Christian Emperours That they have made many Ecclesiasticall Lawes and such as the antient Popes not only were not displeased with but some receiv'd into their Decrees and esteem'd the chiefe authors of them Charles the Great and Lewis the Ninth most Christian Kings worthy the name of Saints That the Prelates of France and the whole Order Ecclesiasticall according to the Prescript of those Lawes have piously and Christianly ruled and govern'd the Church of France In the mean time it is most true that the Emperours for the most part in making lawes had respect unto the Canons old or new whence is that saying The Lawes disdain not to
is from the Highest Power that the Canon hath the force of a Law no marvell if the Highest Power upon just causes may recede from that Law either in the whole or in some particular case For Lawes are wont either to be abrogated or temper'd and limited by the Law-givers as afore is shewed Yea there is no need of abrogation or solution of the Law when as the Lawyers agree in this that by the generall words in the Law set down the right of the Highest Power is never conceiv'd to be excluded 'T is true the Examples of Elections made by Bishops prove it is not necessary that Elections be made by the Highest Power the Canons also shew the same Elections are rightly made by Bishops with consent of the Highest Power but neither of these is in question The Question is whether it be also lawfull for the Highest Power to make Election That it is lawfull we have the judgement of the best both among the Emperours and the Bishops In the first Synod of Constantinople Theodosius commanded the names of all that were proposed should be given to him in papers reserving to himself the choyce of one What can be more clear One among all the Bishops propos'd Nectarius the Emperour makes choise of him and persisteth in it against the will of many Bishops who seeing the Emperour would not be remov'd give place and yeild him that reverence which was due unto him in a matter not prohibited by Law Divine Who sees not this was done beside the Canons for according to the Canons the Emperour had no share in the Election but here the Emperour alone electeth that is designs the person The Bishops as also the Clergy and people approve of the Election But 't is one thing to elect another to approve of the Election The Bishops approve because it was their Office after Baptisme to impose hands upon Neitarius as yet a lay man and Catechumen And hert too we observe the Canon was not followed for according to the Canons a Catechumen nor Neophite could not be elected The Clergy also and the people doe approve because to them belong'd the Tryal which how far it differs from Election is shew'd above Many examples we might alleage of Elections not Cunonicall but Imperiall Why the Emperours themselves elected we deny not they had peculiar causes but this pertains not to the question of right but prudence Certainly the Emperours believ'd it to be lawfull for them before they consider'd whether or no it were expedient For of things unlawfull there ought to be no consultation To say the cause hereof was some Divine revelation or inspiration in such an age of the Church is a meer refuge of pertinacious ignorance to say the Domination of the Roman Bishops was the cause of Imperiall elections when as yet that Episcopacy was not turn'd into temporall Dominion is to be quite mistaken in the order of times Nor yet can wee doubt but the more Sanctimony abated in the Clergy and Obedience was slackned in the people the more just cause had the Highest Powers to vindicate Election to themselves In the West that Bishops were most often and for a long time elected by the most Christian Kings of France without any suftrage of the people or Clergy is written in all the French Histories as it were with Sun-beams What was said of the Domination of the Roman Bishops as if he had given occasion to Kings to draw to themselves the Elections besides that it is before answered cannot be applyed to the Bishops of France and to those times when the French Kings did not yet possesse Italy Yea on the contrary because the French Kings used this right in their own kingdome therefore also in Italy did Charls the great assume this to himself that hee might not with lesse power governe Italy than France and Germany For it is most truly observed by Godalstus and others the Decree made in Pope Adrians time pertains only to the Italian Bishops when in other parts the compleat right of Election was in Charls before In vaine also a recourse is had to the wealth of Bishop-pricks the Temporall Jurisdictions annexed to them for even in the times of Charls the Great and much more in the antient and purer times Bishopricks were but poor and slender as is noted by that most searching Antiquary Onuphrius And for Jurisdictions the Bishops in Charls his time had none annexed to their Bishopricks but this came into use at last after the avulsion of Germany from France when the Ottoes were Emperonrs in Germany And the Jurisdictions were so far from being the cause of Imperiall Elections that on the contrary therefore were Jurisdictions granted unto Bishops because the Emperours were most assured of their fidelity being chosen by themselves and thought the custody of Cities might therefore most safely bee committed to them as the same Onuphrius hath observed Some have been deceiv'd by the name of Investiture Because the word is used of Fees especially therefore have they thought all that is sayd of investitures of Bishops to belong to territories and Lands which is a grosse â—rrour for to vest and to invest are old words of German Originall that signify the collation of any right whatsoever and are therefore found in old Authors applyed to all Offices both Civill and Ecclesiasticall It appears by a passage in the life of Romanus Bishop of Rouen about the year 623. that Investiture by the staffe was almost 300. years before Territories were given to Bishops which began under Otto the first Emperour of that name And truly if Investiture had been with respect to Civill Jurisdiction it would have been by the Scepter Sword or Banner as the manner of those times was not by a ring and staffe Wherefore although the most Christian Kings did not challenge to themselves imposition of hands which maketh Presbyters yet these two things they esteemed as their right to joyn this man unto this Church which is signified by the Ring and to conferre upon him Jurisdiction Ecclesiasticall that is judgement concerning Sacred affairs with a certaine publike power which is signified by the staffe For to the King himself also when he was first consecrated together with the Scepter was wont to be given a staffe And by this saith Aimonius the defence of the Churches that is a power to maintaine Religion was deliver'd to him from God for the Offices corresponded to the signs as also a Canon was vested by a Book Many ages after when piety had begotten opulency and the daughter laid a snare for the mother the Emperours almost detruded from their most antient right began to shew the indignity of the thing by this argument among the rest because the Bishops by their munificence possessed Lands and territories But never did the Election of them depend upon this alone being more antient than the same munificence Moreover the accessory cannot have so much force as to draw
joyned 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall 9. Benefices not the Popes Patrimony 10. The Custome of Holland 11. All Patronages subject to the Highest Power 12. Inferior Powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox THE END An Advertisement to the Stationer SIR IF it be objected as a friend of mine conjectured it might that the work is any way opposite to the present Government speaking so much of Kings and Emperors The answer is That the Judicious Author distinguisheth between Kings absolute and such as are confind or bound up by Laws and cannot act without or against a Parliament See cap. 3. Sect. 8. So that This treatise doth not presume to dispute the States Authority 't is ill disputing with those that command Legions but presupposing that humbly shews them what they may and ought to doe on behalf of the Church And in the very first page you find all the Book is written of the Highest power whether King or Senate And these are the Authors words at the end of 15. Sect. Chap. 11. A Senate without a King is as it were a King This I thought sit to advertise to prevent jealousy Fare you well And remember 't is one of the best pieces of the excellent Grotius Courteous Reader These Books following are to be sold by Joshua Kirton at the Kings Arms in Pauls Church-yard Books of Divinitie and Sermons 1. THe Truth of Christian Religion proved by the Principles and Rules taught and received in the Light of the understanding in an exposition of the Articles of our faith commonly called the Apostles Creed written by a learned Author lately deceased in Folio 1651. 2. A Concordance Axiomaticall containing a Survey of Theologicall Propositions with their Reasons and Uses in holy Scripture by William Knight in fol. 3. Certain Sermons or Homilies appointed to be read in Churches in the time of Queen Elizabeth and now reprinted in folio 4. Compunction or pricking of heart with the time means nature necessity and order of it and of Conversion with motives directions signes and means of cure of the wounded in heart with other consequent or concomitant duties especially self-deniall All of them gathered from Acts 2.37 being the summe of 80. Sermons With a Postscript concerning these times and the sutiableness of this text and Argument to the same and to the calling of the Jewes By R. Jenison Doctor of Divinity in quarto 5. A plain Discovery of the whole Revelation of St. John in two Treatises 1. Searching and proving the Interpretation 2. Applying the same paraphrastically and historically to the text with a Resolution of certain doubts and annexion of certain Oracles of Sibylla by John N pier Lord of Marchiston in quarto 6. The Government and order of the Church of Scotland with an Astertion of the said Government in the points of Ruling Elders and of the Authority of Presoyteries and Synods in quarto 7. A Treatise of Miscelany questions wherein many usefull questions and cases of Conscience are discusted and resolved concerning the Controversies of these times by George Gillespie of Scotland in quarto 8. An Answer to the ten Reasons of Edmund Campian the Jesuit in confidence whereof he â—ftired Disputation to the Ministers of the Church of England in the Controversie of Faith by William Whitaker Doctor of Divinity in quarto 9. Jo. Hen. Alsieduis his discourse of the 1000. Apocalypticall years or the Saints reign on earth a thousand years Englished by W. Burton in quarto 10. Letters concerning Religion between the late Earle of Manchester Lord Privy Seâ—l the Lord Faulkland and Mr. â—aâ—â—er Montaguc in quarto 11. Truth Asserted by the Doctrine and practice of the Apostles seconded by the â—estimony of Synods Fathers and Doctors from the Apostles to this day viz. that Episcopacy is Jure divino by Sir Frantis Wortley in quarto 12. An Answer to the chief Arguments for Anabaptisme by Doctor John Bastwick in quarto 13. Two learned Discourses 1. on Mathew 28.18 19. 2. on 2 Peter 2.13 written by a learned and worthy Gentleman larely decâ—ased in octavo 1651. 14. Popular Errors in generall points concerning the Intelligence of Religion having relation to their causes and reduced into divers Observations by John Dâ—spagne Minister of the French Church in octavo 15. New Observations upon the Creed with the use of the Lords Prayer maintained by John Despagne in octavo 16. The same in French 17. New Observations upon the Commandements by John Despagne 1651. 18. The same in French 19. The Abridgement of a Sermon preached on the Fast day for the good successe of the Treaty between the King and Parliament 1648. by John Despagne 20. The same in French 21. Sermon Funebre de Jean Despagne sur la mort de sa Femme in octavo 22. Advertissement touth out la fraction distribution du prin en la S. cene obmises en plusieurs Eglises Orthodoxes par Jean Despagne in octavo 23. A Monument of Mortality containing 1. A wakening for worldlings 2. Meditations of Consolation 3. Comfortable considerations preparing the sick for an happy change 4. A Mirrour of modesty with a reproof of the strange attired woman and the sacred use of Christian Funerals by M. Day Doctor of Divinity in octavo 24. Plain truths of Divinity collected out of the Sacred Scriptures particularly of the destruction of Antichrist and the time when the comming of Christ to Judgement and his raigning with his Saints for ever upon this earth after the restitution of all things by John Alcock in octavo 25. Herberts carefull Father and pious Child lively represented in teaching and learning a Catechisme made in 1200 Questions and Answers in which the Catholick truth is asserted and above 600 Errors Heresies and points of Popery are briefly consuted in octavo 26. Herberts belief and confession of faith made in 160. Articles in octavo 27. Herberts quadrupartite devotion for the day week month year made in about 700. Meditations and Prayers in octavo 28. Meditations on Christs prayer upon the Crosse Father forgive them for they know not what they doe by Sir John Hayward in octavo 1651. 29. Davids Tears or Meditations on the 6.32 and 130. Psalmes by Sir John Hayward in twelves 30. The Devotions of the dying man that desireth to dye well Written by Samuel Gardiner Doctor of Divinity in twelves 31. A Beautifull Bay-bush to shrowd us from the sharp showres of Sin containing many notable Prayers and Meditations in twelves 32. A Grain of Incense or Supplication for the peace of Jerusalem the Church and State written by John Reading in octavo 33. An Evening Sacrifice or prayer for a family necessary for these calamitous times made by John Reading in octavo 34. Character of true blessedness delivered in a Sermon at the Funerall of Mistris Alice