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act_n	apostle_n	church_n	elder_n	5,779	5	10.2377	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A85746	Of the authority of the highest powers about sacred things. Or, The right of the state in the Church. Wherein are contained many judicious discourses, pertinent to our times, and of speciall use for the order and peace of all Christian churches. / Put into English by C.B. M.A. The method of every chapter is added in the margent, and collected at the end.; De imperio summarum potestarum circa sacra. English.	Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687, translator.	1651 (1651)	Wing G2117; Thomason E1244_1; ESTC R202244	156,216	365

5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht ●om it Separation Epist 68. Jo. 10. Rom. 16.17 Ti● 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct frō them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the Supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons Which are refelled by Scripture and the objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de ●pisc Cl●ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall app●als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyte●s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Pollu● l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutab●lity in the man●er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 19. And may it self make Election upon just cause 20. This proved by reason 21. And by examples in the state of Naturall Law And under the Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures by them is meant the Collation of Bishopricks L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distingu●sh● 〈◊〉 ●ot necessary 3. Of Bishops and Lay-Elders 3 The word shop● plain Here ●●ken so the O●●sver ●●stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd L● 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right o● Ordination 16. For what reasons Bishops were laid by in some Churches De Minister ●vang Grad cap. 23. 17. lay-Lay-Elders none in the Apostolicall ●ime 18. All the antients by Presbyters understand only Pastors The ambigu●ty of the word Seniors and Elders 19. The Penitentiary Presby●er De peniten● 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the d●fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Cha●c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cer●ain cau●ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. T●id 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

Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin ●ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men

added a new Obligation to the former so that the Jew doing the contrary not only offended in doing a vitious act but an act forbidden because by the transgression of the Law he dishonour●th God as Paul speaks As it is in the Divine Law of the Decalogue so also it is in Mans Law a proportion being observed For they that resist resist the Ordinance of God and therefore shall receive to themselves damnation as the Apostle testifies We have considered how largely the matter under Humane Power is extended and what acts belong unto it in every kind now let us see what acts are not by right within the Command thereof It is certaine those only are without the limits of the Supreme Power which are repugnant either to the Naturall or to any other Divine Law no other way of confining the right of the Highest Power can possibly be invented The things defined in the Law Divine wherein I comprehend the Naturall are of two sorts some commanded some forbidden Therefore there are two acts of Empire which belong not to the Right of him that Ruleth To command what God forbids To forbid what God commands The reason is because as in naturall causes the Inferiour have no force to work against the Efficacy of the Superiour so it is in Morall Wherefore such Commands so far as they doe contradict the Divine cannot have the proper effect of Commands they cannot Impose an Obligation Excellently saith Austin If the Curator Commands somewhat is it not to be done no If the Proconsul forbids Herein you contemn not the Power but choose to obey the Higher Againe if the Proconsul bid one thing the Emperour appoint the contrary without doubt you must hearken to the Emperour Therefore if the Emperour doe require one thing and God another what is to be done God is the greater Power Give us leave O Emperour to obey Him Yet we must carefully distinguish between the Act of Authority which moves the Subject to work and the Force offered which imposes on the Subject a necessity of suffring For when the Act of Authority is without effect and layes no obligation yet the Force hath an effect not only Physicall but Morall not on the agents part but the patients namely that it is not lawfull to repell that force by force for violent defence being lawfull against an Equal against a Superiour is unlawfull ●A Souldier saith the Lawyer who resisted his Captain going about to chastise him was punished by the Antients If he laid hold on his Cane he was casshier'd if on purpose he brake it or laid hand on the Captain he was put to death This though probably it might have proceeded from Humane Law for humane Authority binds to all things which are not unjust and it is not unjust to forbear resistance or also from the Law of Nature which suffers not a part to oppose the whole no not for self-preservation yet is it more cleerly demonstrated out of the written law of God For Christ when he said Hee that taketh the Sword shall perish by the sword plainly disallows a forcible defence against the most unjust force offer'd by Authority And hither is to be referr'd that of Paul Hee that resisteth resisteth the ordinance of God There are two wayes of resisting either by doing against the command or by repelling force with force as Austin interprets Whether the Power favouring the truth corrects a man he hath praise by it who is amended or disfavouring the truth rageth against a man hee hath also praise by it who is Crowned So Peter will have Servants subject to their Masters not only to the good and gentle but to the froward which the same Austin extending also unto Subjects Princes must be so endur'd by the common people saith he and Masters by their servants that they may exercise their patience in bearing temporall things and their hope in waiting for things eternall So it was also in the old Law where to use Subjects for servants to give away their goods to others is call'd the Kings Right not as if the King doing so did justly the Law divine had taught him another lesson yea had forbidden him to be puffed up to gather abundance of gold and silver and a multitude of horses but because doing so no man might lawfully oppose force against Him as the Romans say The Praetor gives Judgement even when he decrees that which is unjust Hence was that twice spoken of a King though most unjust yet set up by God Who can lay his hand upon the Lords anointed and be guiltlesse Neither are they by any means to be heard who against the holy Scriptures against right reason against the judgement of pious Antiquity doe arme certain Inferiour Powers against the Highest For Peter teaching obedience to the King that is to the Highest Power as Supreme to Governours that is to Inferiour Powers as sent and ordained by Him manifestly shewes all the right of Inferiour Powers to depend upon the Commission they receive from the Highest Hence Austin concerning Pontius Pilat Such power God had given him that was contained under Caesar's Power And was not David a Prince and a Leader among the people of God who was so farre from touching that Tyrants person that his heart smote him for cutting off the lap of his garment Reason confirmes what we have said For those Magistrates in respect of their Inferiours are Magistrates as long as it pleaseth the Supreme Power but in respect of the Supreme Power they are but private men because all Power and all Jurisdiction flowes from the Supreme and still depends upon it Hence Marcus Aurelius that most wife Emperour said The Magistrates judge Private men Princes the Magistrates and God the Princes By the name of Princes understanding the Emperours who were now become absolute The ancient Christendome was of the same judgement for no Governours no Leaders of legions ever attempted any thing with Arms against the most impious cruell and bloudy Emperours So that it is a very sad thing that our Age hath brought forth men of learning who by a new-coyned doctrine have opened a broad way for Seditions and Wars to enter in Neither ought we to be moved by any late examples of Arms taken up against Kings For if they were taken up against Kings upon whom the whole Right of the people was translated and who therefore raigned not by a precarious but proper Right whatsoever pretext or successe they had they cannot be prais'd without impiety But if any where Kings were bound by Contracts on Positive Lawes and Decrees of some Senate or States against these having not the highest Authority upon just causes by the judgement of the same Senate or States Arms might be taken up For many Kings even such as succeed by inheritance are Kings by name rather than by Power as Aemilius Probus hath written of the Laconians But this

Preaching of the Gospell Legislation It hath been shewed afore that Christ as alone he gives Law to souls so alone he passeth sentence on them not only in the end of the world by the last judgement but in the meane time also by retaining or remitting sins He alone saith Ambrose remits durosins who alone hath dyed for our sins And Jerome saith As the Priest makes the leprous clean or unclean so the Bishop or Presbyter binds or looses The same Father shews where he that useth the Key erres either in fact or Law there the Key is of none effect 'T is otherwise in Jurisdiction for there what the Judge erring hath pronounced stands by reason of his Authority that gives sentence and passes into a judged case As then the Cryer doth not give the sentence that he declares either rightly or amisse so the Pastor in that use of the Keys cannot properly be said to exercise Jurisdiction To the use of the Keys coheres the prescription of works of penance which if it be generall as that of the Baptist to the Jews Bring forth fruits meet for repentance and that of Daniel to the King Break off thy sins by mercy or if speciall as the enjoyning restitution and open detestation of an open offence it pertains to the annuntiation of the Law not to Jurisdiction But if that be specally prescrib'd which the Divine Law hath not specially defin'd this belongs not to Jurisdiction but ought to be refer'd to Counsell by which name it is very often called by the antient writers Wherefore as Philosophers Physicians Lawyers and friends also giving Counsell doe not properly pronounce sentence although oft times the Counsell is such as cannot without great fault be rejected so neither doth the Pastor pronounce senrence or use Jurisdiction when he affords advice wholesome for the soule Moreover it is annexed to the use of the Keys which also hath some appearance of Jurisdiction not to exhibite unto certaine persons the seals of Divine grace But as he that Baptizeth or gives the Eucharist as the old manner was into the mouth or hand of the receiver exerciseth not Jurisdiction but only a Ministeriall act so likewise he that abstains from the same actions Nor is any difference here between visible and vocall signs By what right therefore a Pastor declares in words to a man openly wicked that he is an Alien from the grace of God by the same right he forbears to exhibite Bapusme to him it being a sign of the Remission of sins or if he be Baptiz'd the Eucharist it being a signe of Communion with Christ For the signe is not to be applyed to him to whom the thing signified belongs not nor is a Pearl to be cast to Swine but as in the Churches was wont to be proclaimed by the Deacon Holy things are for holy persons Yea it is not only against verity but against charity too to make him partaker of the Holy Sacrament that discerneth not the Lord body for he eateth and drinketh damnation to himself Here then seeing the Pastor only suspends his own act not exerciseth any right of Domiuion over the acts of other men it appears these things perteine to the use of liberty not the exercise of Jurisdiction The like in some proportion wee observe in a Physician that attending his Hydropic patient will not give him water when he cals for it because 't is hurtfull or in a grave man that will not vouchsafe a debauched man the honour of Salutation and in those that avoid the company of men infected with Leprosie or other contagious disease We have looked upon the actions proper unto Pastors let us come to them which belong unto the Church or are common to the Pastor with the Church First then the people that we may speak with Cyprian in obedience to the Precepts of our Lord ought to separate themselves from a sinfull Pastor For command is given to every one particularly and to all in generall to take heed of false Prophets to sly from a strange shepheard to avoid them that cause divisions and offences comrary to the doctrine Secondly the faith full are commanded to decline their familiar conversation who being named brethren are Whormongers Idolaters Railers Drunkards Greedy Heretiques making a gain of godliness or otherwise behaving themselves inordinately against the Institution of Christ Withdraw your selves from such be not mingled with them turn away from them eat not with them saith the Apostle Paul in sundry places For such men are as the Apostle Jude speaks spots in the love feasts of Christians Wherefore when the Scripture makes use of these words 't is manifest no act is signified greater than a private one for what is the Church here bid to do but what a Disciple doth when he deserts an evill Doctor or honest men doe when they renounce the friendship or society of their Companions fallen into wickednesse The words that afterward came into use Deposition of the Pastor and Excommunication of the Brethren seem to come neerer to the nature of Command but words are to be measured by the matter not matter by the words A Church is said to depose the Pastor when it ceaseth to use his Pastorship to Excommunicate a brother when it withdrawes it self from his Communion in both cases it useth its own right taketh away no right from another and although it doth not that without judgement whence also the faithfull are said to judge those that are within it exerciseth no Jurisdiction properly so called for Jurisdiction is of a Superiour over the Inferiour but Judgement is often among equalls as in that place Judge not that ye be not judged Having weighed what is of Divine right let us now see whit hath been added either Canonicall or Legall This was Canonicall and sprung from the Pastors Counsell and the Churches consent that inquisition began to be made into actions also not manifest and that such as abstained not from their sin were not admitted to the Holy Communion but after a certain space of time for it was not unlawfull to doe otherwise but this way was more expedient both for the lapsed and for others For the lapsed that they might the more detest their sin for others that the example might deterre them from the like offence Hence it was that persons guilty of some grievous crime first bewailed their fault for a while without the Temple and after by severall steps were admitted to the Prayers of the faithfull and last of all to the Sacred Mysteries With the like severity did the Essens of old chastise the offences of their order as Josephus relates and at this day the Jewes being but meerly private men doe enjoyn penalties to the followers of their sect that are delinquents He that hath kill'd a man standing out of doores proclames himself a man-slayer To others are appointed abstinence stripes and exile also for what is wanting to the Power of

give their votes after the Divine election unlesse Gods pleasure ought not to stand without their good liking but He was numbred with the eleven Apostles as the Syriac and all the antients have interpreted So there is another word in the Acts wherein some are more subtile than is necessary The Apostles are said to have commended the faithfull Lycaonians to God with prayer and fasting after they had ordained them Presbyters in every Church This ordaining is expressed by a Greek word in whose Etymology some have found the suffrages of the people And 't is true that both at Athens and in the Cities of Asia there was a Custome of giving suffrages with the hand stretched forth And if we were delighted with that subtilty 't were easy to interpret the word of the Apostolicall Imposition of hands or Ordination for he that imposeth hands must needs stretch them forth and the next writers after the Apostles use the word in this sense But indeed neither the Evangelists nor other Greek Authors are so curious in their words yea there is scarce any word which hath not enlarged its signification beyond the originall meaning Againe if Luke in this place would have signified a popular election he would not have ascribed the word ordained to Paul and Barnabas as hoe doth but to the multitude Therefore Paul and Barnabas doe the same thing here which in another place Paul would have Titus doe that is or daine Presbyters in every City That which Titus is commanded to doe by the precept of the Apostle the same doth the Apostle here being so authoriz'd by the Spirit of God that he needed not the assistance of the people Lastly the fasting and prayers did not precede the Ordination but intervened between it and the Valediction that it is strange this should be drawn into an argument of popular election when as if the prayer and fasting of the people had preceded this were nothing to the purpose For the people may also fast and pray to God that the election of a King to be made by the Electors may be prosperous and happy yet are not the people therefore the Electors I have seen them who would assert Election to the people by Divine and immutable right upon this ground that the people hath from God a precept to avoid false Pastors But these men doe not observe that this argument if it have any force proves Election to be the right not of the multitude only but entirely of every single person For all and every one must avoid false Pastors with all care And so must every sick man take heed of a rash Physician but no man will therefore say that the City Physician is to be chosen by the Plebeians This may rightly be collected thence before election can come unto effect the people and every one among the people must have power to allege causes if they have any wherefore he that is proposed ought not to be elected For Paul having spoken of Bishops and passing unto Deacons saith And let these also first be proved where requiring that to be observ'd in Deacons which was to be observ'd in Bishops there is no doubt but he would have Bishops to be proved especially seeing he said afore that they must be blamelesse Among the Athenians there was a probation of their Princes the forme whereof was this What Parents and fore-Fathers they were extracted from of what tribe they were of what estate what service they had done the Common-wealth So if a Pastor were to be elected it was justly granted every one to enquire what his behaviour was how married what his children were and the rest which Paul would have observed in a Pastor This is that in the Councill of Chalcedon Let the name of the ordained be publisht for so Lampridius hath exprest it in the life of Alexander Severus When he appointed Governours of Provinces he publisht their names exhorting the people if they had any thing against them they should bring in their evidence for he said it was a great gravamen not to doe that in choosing Rectors for Provinces which the Christians and Jews did in publishing the names of such as are to be ordain'd This is indeed a Luculent Testimony of the old fashion of Christians not much distant from the Apostolicall time For between the decease of John the Apostle and the Reign of Severus are about a hundred years and ten But this place is so far from evincing the Christian Priests to have bin chosen by the people that hence you may rather conclude the contrary For 't is one thing to be admitted to prove crimes or impediments another thing to elect Severus did propose unto the people the Governours names but that they were elected by the Emperour himself no man that hath read History will doubt Yea 't was needlesse to propose the Priests unto the people if the people did elect them It is most certaine in the antient Church after the Apostles age although by right the people might choose their Pastors that was not every where observ'd but the people abstained very often from election by reason of the incommodities of popular Voting retaining in the mean time the right of probation And this is the sense if it be rightly weighed of Cyprian's Epistle to those of Spain wherein some lay the chiefe foundation for Election by the people for he doth not precisely say The people have power of choosing worthy Priests but either of choosing worthy or refusing the unworthy Either is sufficient for Cyprian's purpose that an unworthy person may not creep into the place of a Priest And in the following words hee doth not say a Priest is to be chosen by the people but the people being present Why so that a fit and worthy person may be approv'd by the publike testimony and judgement And a little after that the people being present either the crimes of evill men may be detected or the merits of good men commended How so Because the people most perfealy knowes the life of every one and hath best experience of his conversation Neverthelesse the same Cyprian in the same place declares that to choose a Bishop in the presence of the people was not a thing of universall Custome It is held saith he among us and in all the Provinces almost How weak the arguments are which he allegeth out of Scripture to prove the peoples presence necessary hath been shew'd by others And the cause he brings hath hardly place but where the Pastor of a City is to be chosen out of the people or Clergy of the same But that Elections were not alwayes made by the people appears even out of Cyprian himself in another Epistle which is likewise thought to favour popular suffrages In Ordinations of the Clergy most dear brethren we are wont to consult with you afore and by common advise to weigh the manners and merits of every one but