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parties and the Highest Judgement is that of the Highest Power for the Lawes and Decrees thereof cannot be nulled or repealed by any Higher although obedience to such Lawes and Decrees be not absolutely due but so farre as it may be given without violation of Gods command Now as the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
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
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
deceives the unskilfull that they doe not enough discern the daily administration of affaires obvious to their eyes which in an Optimacy is oft committed unto one from the interiour Constitution of the Common-wealth What I have said of Kings I would have to be understood much more of them who both really and in title were not Kings but Princes that is not chiefest but first Whose Principality much differs from Supremacy And again this is to be noted that some Lords and Cities have Supreme Authority though they seeme not to have it being under the Trust and protection of another But seeing to be under protection is not to be in subjection and as the Roman Lawyers note The people ceaseth not to be free that are fairly observant to anothers Majesty these also may be endowed with Supreme Authority who are obliged to another by unequall League or tye of Homage All this I set down to that end lest any one hereafter as I see hath been often done defame good causes by an ill Defence I would more enlarge in this Argument for 't is of great consequence and here to erre is dangerous but that 't is done already with great care by many others and of late by the learned Arnisaeus Upon these premises let us come to demonstrate the parity of Empire over Sacred and other matters As in all things the thoughts are not so eafily ruled as the words so particularly in Religion Lactantius hath truly said Who shall enforce me either to believe what I will not or not to believe what I will And in this sense that of Casiodor is true Religion cannot be Commanded and of Bernard Faith is to be planted by persuasion not obtruded by violence Wherefore also the Emperours Gratian Valentinian and Theodosius said concerning an Heretick Let him think if he will what is hurtfull for himself let him not utter it to the hurt of others And I suppose Constantine had respect hereunto when he call'd himself a Bishop or Overseer of things without because the inward acts taken by themselves are not the matter of Humane power but are Subject to the power of God who by Bishops not Commanding but Ministring moves the minds of men with voices and signs yet so that the still reserves the maine Efficacy to himself alone Notwithstanding inward acts of all sorts taken joyntly with the outward fall under Humane Authority The Cornelian Law lays hold on him who carrys a weapon with purpose to kill a man and Adrian the Emperour saith not only the event in evill deeds but the will is to be consider'd So in Justinians Code concerning the Catholick Faith a Title is extant to wit for the Profession of Faith which the first Law explains All people under our Empire we require to be of such Religion c. Hence came those names of Kings Rectors Authors Defenders of the Faith So also of old the King of Ninive commanded repentance with fasting That things forbidden by God cannot with validity be commanded nor things by him commanded be forbidden by Humane power is no lesse true in other actions than in Sacred in both that of the Apostle hath place We must obey God rather than men which a Disciple of the Apostles Polycarpus hath expressed thus We have learned to render to the Powers ordained by God all the honour we can without hurting our own souls The King of Egypt Commands the Mid-wives to kill the Male-children of the Hebrews They doe not obey The cause is exprest For they feared God who by the dictate of Nature forbids to slay the innocent King Ahab would have Naboth sell him his Vineyard Naboth denyes for the Divine Law given to the Hebrews forbad inheritances to be alienated from the same family Antoninus Caracalla commands Papinian the Lawyer to defend the paricide committed by him Papinian refuses and had rather dye because he knew it was against the Law of Nature and Nations to speak false and Patronize so great a crime By the same right but with more holy affection the Apostles when the Councill charged them not to speak or teach in the name of Jesus aske whether they must not obey God rather than men and justly for they had received a charge from God himself by the mouth of the Lord Jesus in his name to Preach repentance and remission of sin and that beginning at Jerusalem for this also was specified in their Commission What therefore the Divine Command had made necessary for them to be done Humane command could not render unlawfull And in this sense the Authors are to be explain'd who say the Gospel the Ministry the Sacraments are not subject to Humane Power that is to change that which Divine Law hath introduced For first the Preaching of the word of salvation and the exhibition of the Sacraments being commanded by God cannot effectually be forbidden by men Likewise the Noursing of Parents or Children the relieving of the innocent and many other duties are so far exempt from Humane Law that the prohibition of them is of no force or vertue Secondly the forme by God prescrib'd for the Ministry of his word and Sacrament cannot be alter'd by men nor is this proper to things Sacred For also the Forme of Matrimony as it consists in the unity and individuall knot of two persons is by Humane Law immutable Thirdly it belongs not unto Humane Power to make new Articles of Faith or as Justinian speaks to innovate the Faith nor to institute a new worship of God or new Sacraments because the nature of such things will not admit thereof for nothing can be believed or done in order to salvation but what God hath declared such neither can any thing be fit to apply unto us the Divine grace unlesse God hath assign'd it to that use Yet to speak accurately these things which we have rehearsed Sacred and others may be rather said to have something in them of immutable right than simply and altogether exempted from the Rule of the Highest Powers seeing there be very many and very great acts of Authority concerning them which acts are call'd in Scripture the Commandements of the King in the businesse of the Lord. For first it is the proper effect of the Highest Powers that we have liberty and convenience to doe the things which God commandeth being freed from impediments and supplyed with helps So Cyrus and Darius gave leave to the Jews to restaur the Temple and to sacrifice there and gave them moneys too to beare their charges So by the edict of Constantine and Licinius the Christians had open exercise of their Religion Secondly not only by permitting but as before was touched Humane Law by Commanding what Divine Law doth Command superaddes another Obligation Thirdly to the actions Commanded by God the Highest Power prescribes certaine circumstances of place time and manner that they may be done decently and in order Fourthly from actions forbidden by
God the matter and oceasions are by Humane Power withdrawn So Ezechias brake the brasen Serpent so the Emperours shut up the Heathen Temples Fiftly 't is the part of the Highest Power by proposing punishments to draw men to the doing of that which God Commands and deterre them from the contrary as Nebuchadnezar made it death to speak evill of the Hebrews God and the Emperours to offer sacrifice to the God of the Gentiles And in these particulars consisteth as I take it that Office of the Highest Powers which is called by Justinian the preservative of the Divine Lawes meaning such a custody which is also Legislative as Austin speaketh Let the Kings of the earth serve Christ by making Lawes also on behalf of Christ And the same particulars have place in things not Sacred which are likewise defined one way by that Divine Law which the Apostle cals the righteousnesse of God For therefore the Civill Law is said to consist partly of Civill institutions partly of Naturall precepts Concerning which Naturall precepts the Civill Law gives right and liberty to doe them hindrances being remov'd yea commands the same things to be done determines circumstances takes away or streightens the occasions of often transgression Lastly addes a sanction to them by the constitution of punishments which is so manifest that we need spend no more time in this Let us come to those things which by the Divine Law whether written in the hearts of men or in the Holy Bible are not at all determined To determine them either way whether they be Sacred or Profane is the right of the Highest Power Of prophane 't is most known so David of dividing the spoile the Roman Emperouis made constitutions of the solemnities and effects of Contracts and Testaments innumerable other matters Of Sacred things 't is no lesse clear if one I say not diligently read but only look into the Sacred History the Codes of Theodosins and Justinian the Novels the Capitular of Charls the Great Every where examples are so obvious It pertaines hither to institute Offices more for convenience and ornament than for necessity as David did to build or beautify temples as Salomon and Joas or to appoint a Law and manner of building them as Justinian to prescribe the manner of Electing Pastors holding Synods keeping order among Pastors alienation of things dedicate to holy uses all which very many Christian Emperours have done Now if the Highest Power shall exceede the due limits by decreeing and ordeining any thing either in Ecclesiasticall things against the Rules of Faith and Religion prescrib'd by God or in other matters against the perpetuall rule of equity as in both kinds it sometime happons Ecclesiasticall and Civill things doe againe agree in this that as a man cannot be oblig'd to obey men rather than God so if upon refusall force be offer'd there remains the glory of patience no right to oppose force to force So Christ hath caught Peter and Peter us So saith Ambrose Grieve I can weep I can mourn I can any other way to make resistance I cannot I ought not A most holy example of that patience prescrib'd unto us by God is left us by those antient Christians that liv'd under the heavy yoake of the unbelieving Emperours They were men to be feared for their number had they chosen rather to shed others bloud than their own for Tertullian shews how they had filled both the Camp and City That victorious Thebane Legion for Religion sake was contented to lose every tenth man at the Emperours Command and it is memorable that when there was one Christian put to death for tearing the Imperiall edict Commanding Bibles to be burnt Churches to be demolisht and the Christians Crucified the rest of the Christians declared He had justly deserved that punishment So deeply had the voyce of Christ sunk into their minds that forbids to take the sword Every one takes the sword who hath not receiv'd it from God God hath given it to none but the Supreme Powers and to such as they appoint No examples of the old Testament evince the contrary for when we read of the defections of people or Cities from some Kings and the impiety of the Kings set down for the cause therein the divine judgement is described not the deeds of men commended But if the Highest Power that hath undertaken the protection of true Religion be it self therefore opposed by the armes either of forraign or domestick enemies it hath all the right and reason in the world by Arms to defend its own Authority and the lives and fortunes of the Subjects For 't is all one upon the matter whether the opposition be for Religion or any other pretence nor is the Power being Independent more bound to let go the use of Religion than the possession of land at the pleasure of any other whatsoever For He beareth not the Sword in vain It hath been shewed I think sufficiently how the Highest Power hath equall Authority over actions Sacred and Prophane over the externall primarily and in regard of them over the internall also in the second place I say Authority to command and forbid what is commanded already and forbidden by God to determine things left in the midst and permitted to mans liberty and when force is offered under pretence of right to defend it self I say equall Authority over Sacred and Secular actions which Binius also a man of the Roman religion acknowledgeth In generall there is no difference but if we come to particulars 't is confest Authority extendeth not to so many Sacred things because the divine Law hath determined more of them than of the Secular for the secular affaires the Institutes of the Hebrew Common-wealth it is plain oblige not us are almost all circumscrib'd by rules of Nature saving that it may be doubted of some connubiall Lawes whether they be Naturall or out of the Divine pleasure But concerning Sacred matters much is prescribed us in the Gospell and proceeds immediatly from the will of God This being noted I see not any thing more remaining in this question for that a more diligent enquiry and greater care is need-full in things Sacred both because the Law of Nature is more known than the Positive and because errour in Religion is more dangerous this pertains to the question of the Manner to use the Power rightly and changed nothing in the Power it selfe CHAP. IV. The Objections against the Authority of the Highest Fowers about Sacred things are answerd THE right under standing of what is al ready spoken will help any one to answer all that is said against the Authority of the Highest Powers in things Sacted or Ecolefâ—asticall For first that Christ himself not the Highest Powers ordained the Pastorall office that as to the substance of the office Christ also hath set down the rules and that so far as we have before acknowledged Pastors are
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
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
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
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