was as good as his word in that taking it without Law Less I could not well say in answer to this Objection that must be confest to be unanswerable otherwise than by acknowledging the miscarriages in Government to be true and too palpable for they were felt sufficiently but that Lay-men not Clergy-men had then the Administration of affairs both in the Privy-Councel and Cabinet injuriously therefore were such failings imputed to Laud and more injuriously to make all men of his Profession nay the very Profession it self to be guilty of his crimes This is as Logicians term it non causa pro causa To ascribe the treachery of Judas to all the Disciples Yet such was the Logick of those mad times in 1640 and 1641. and the same mad Infection still spreads its self amongst prejudiced and unthinking men Of which sort the number was much greater than now a days or else sure those sleighty Arguments and Objections against Clergy-men's exercising temporal Jurisdictions could not have prevail'd so far as to be formed into an Act of Parliament But men even yet are apt enough to be enclin'd to any thing that promotes their own interest or pleases their fancies how ridiculous soever Nevertheless soon after the Restauration and Return of King Charles II. in the first Free Free Parliament begun at Westminster May 8 1661. The First Act they made was for safety of his Majesties Person and Government And the Second Act viz. 13. Car. 2.2 was for safety of the two Houses of Parliament and the three Estates of this Realm Lords Spiritual Lords Temporal and the Commons by replacing the ancient Groundsel which had been so fatally and with such bloody Consequences taken away by that rash Act made 17. Car. 1.27 whereby all persons in Holy Orders were disabled from exercising any Temporal Jurisdiction or Authority therefore the said Act was thereby from thenceforth repealed annulled and made void to all intents and purposes whatsoever to give you the very words of the said Act for that the said Act had made several alterations prejudicial to the Constitution and antient Rights of Parliament and contrary to the Laws of this Land and is by experience woful experience the only Mistriss of Fools found otherwise inconvenient In the next place let us consider the subtle Arguments and knotty Reasonings that went smoothly and currantly down with those whose appetites were prepared to relish and receive them in those easy times that were mistaken in the Causes of Misgovernment charging the faileurs and miscarriage during Laud's Ministration to the Vice of his Profession as a Spiritual Person and in Holy Orders therefore vicious and unhappy in him which would not so have been in a Lay-man And that God All-mighty blest this and blasted the other But such dreams never happen to any but men unacquainted with History and with the Temper of former times and of our own To instance only in the Contemporaries of Arch-bishop Laud was there ever an honester Privy-Concellor than Archbishop Abbot Or that gave the King wiser or better Counsel than he if the King would have hearkned Was there ever a wiser States-man and Lord Chancellor than Williams Bishop of Lincoln Or that managed that Place with greater prudence or success he made his way tho' he always row'd against the stream wind and tide against him Buckingham and Laud. Was there ever an honester or more wise and frugal Lord Treasurer than Bishop Juxten his Enemies the Rump-Parliament being Judges and after they had with prying Eyes examin'd his Books of Accounts Therefore it is as ridiculous as unjust to make all Clergy-men suffer for one man's offence and attribute the miscarriages of the Man to the Profession that as Andrew Marvel says if they keep to their Bibles make the best States-men in the World And surely they are as likely to keep to their Bibles and have been as Wise and Honest Statesmen as any other Men of what Profession soever For alas Laud did not Lead but Follow those bad methods and steps of raising Mony without the Peoples consont in Parliament of calling no Parliament to redress Grievances under which no People ever groan'd more so that those Minions and chief Ministers of State were afraid of Parliaments afraid to be called to account and more than one Parliament was disfolv'd for calling Buckingham to Account insomuch that the ills which those Ministers had done could not be safe but by attempting greater King James I. from the 7th to the 18th year of his Reign 11. years had not one Parliament and then all that was done in that Parliament was but the old business the Mony-business and an Act of Indemnity of which as the Favourites had most need so they promoted the same King Charles I. never called but three Parliaments all his whole Reign which lasted almost 24. years and the last Parliament he called outlasted him at least the Rump of it And it is observable that neither King Charles I. nor King James I. ever parted with a Parliament with smooth Foreheads dissolving them in a rage and sending them home with wrinkled Brows on all sides which sowred the Blood turn'd it to Choler so that after such long Intervals of Parliament when they met again they Vented it in a Rage and like Haman for the affront of one Mordecai they would he revenged of the whole Tribe and therefore made that Act which as aforefaid disabled all persons in Holy Orders from the exercise of any temporal Jurisdiction To Effect which let us listen in the next place to their Wise Reasonings Obj. 2. The next great Argument against Clergy-men's exercising Temporal Authorities was taken from Holy Scriptures and from the Example and words of our blessed Saviour Luke 12.14 When a man came to him and desired him to speak to his Brother that he should divide the Inheritance with him To which the Blessed Jesus replyed Man who made me a Judg or a divider over you Now quoth they Is the Disciple above his Master or the Servant above his Lord If the Master disclaimes the temporal poral Office of a Judg or Magistrate how comes his Disciples to claim the same and by what Authority Has the Man more power than the Master Ans I Answer That they that swallow such stuff as this must do it without chewing For such a construction and improvement of that Text Disrobes all Lay-magistrates as well as Clergy-Magistrates except the Lay-Magistrates renounce their Christianity and the Service of Christ For I was in good hopes that all the Judges Parliament-men Justices of Peace and Magistrates in England are and were Disciples of Christ and his Servants as well and as much as Clergy-men St. Peter call's the Lay-men to whom he writes The Servants of God And St. Paul more particularly stiles the Magistrate The Minister or Servant of God It is no disgrace for the King 's Writ to run in the stile that Moses his Precipe's and Commands did run
The Lay-Clergy OR The Lay-Elder In a Short ESSAY IN ANSWER To this QVERY Whether it be Lawful for Persons in Holy Orders to Exercise Temporal Offices Honours Jurisdictions and Authorities With Arguments and Objections on both sides Poyz'd and Indifferently Weigh'd Man who made me a Judge or a Divider over you Luke 12.14 By Edm. Hickeringil Rector of the Rectory of All-Saints in Colchester LONDON Printed for John Dunton at the Raven in Jewen-Street 1695. The Lay-Clergy OR The Lay-Elder BEING An ESSAY Upon this Question Quer. Whether it be Lawful for Persons in Holy Orders to Exercise and Enjoy Temporal Offices Honors Jurisdictions and Authorities INterest which by bribing mens Judgments rules the World ought to have neither place nor vote in those that write or read Judg or Determin this Question Self-interest sometimes does as it always should give place to right Reasoning and Truth but usually the Bowl follows the Byas right or wrong so does our Judgments Wills and Affections commonly lean to the Swell'd-side byassed with Profit and Honor. Thus Avarice and Ambition in Clergy-men are apt to tempt them to worldly undertakings temporal affairs and employments unsuitable to their Coats and unbecoming their Holy Profession all which are Restrained and Prohibited in several particular Cases by the Canon-Law and Statute-Law especially by that Statute made for that purpose 21. Hen. 8.13 Yet neither that Statute nor any other Law now in force reaches at any Prohibition of Temporal Jurisdictions and Authorities to be exercised by Spiritual Persons restraining them only from Farming and Merchandizing except in some cases and for their own necessaries for Clergy-men alone were Lord Chancellors Masters of the Rolls Lord Treasurers c. long after that Statute was made But on the contrary Envy and Avarice in the Laity are apt to make a Monopoly of all Temporal Offices and Honours Priviledges Preheminence and Authorities to themselves alone excluding the Clergy but by what Law Divine or Human by what Reason Justice or Equity shall now here be impartially enquired And to that purpose I will recite the strongest Arguments and Objections that have been urged against Clergy-mens Exercising Temporal Jurisdictions and Authorities with Answers thereunto Obj. 1. First Some have objected that All-mighty God does not bless Affairs of State in the Hands of Church-men witness say they these grand miscarriages in Government when Arch-bishop Laud was chief Minister of State to King Chalres I. Ans It must be confest that in a fatal Hour after the Duke of Buckingham chief Minion and Favourite to King Charles I. was stab'd at Ports-mouth Anno. 1630. succeeded Laud Arch-Bishop of Canterbury unhappy for himself more unhappy for the King and Kingdom Errors in Government at that time and more especially during Laud's Ministration were too palpable for me now to palliate much less to conceal No Parliament called for 13 long and weary years from 3. Car. 1. to 16. Car. 1. weary indeed by Encroachments and Oppressions in the Stannary-Courts recanted too late and acknowledged confessed and redressed in the Statute 17. Car. 1.15 Shipmony recanted and declared unlawful 17. Car. 1.14 High-Commission-Court exercised to the great and insufferable wrong and oppression of the Kings Subjects the very words of the Statute annull'd and made void for ever by 17. Car. 1.11 The Star-Chamber Court the proceedings censures and decrees whereof were found too late to be an intollerable burthen to the Subject and the means to introduce Arbitrary Power and Government in despight of Magna Charta the Petition of Right and other good Laws pull'd down and absolutely Revoked and made void by 17. Car. 1.10 Free Quarter illegal Impisonment of Members of Parliament for daring to speak their minds in the House by ascertaining the Antient Laws and bewailing the Grievances of the Subject Loanes Coat and Conduct-mony and other Enormities under which the People groan'd and which I list not here to particularise were all laid at Arch-bishop Laud's door I confess and charged not so much as the Vices of the man but the Viciousness of his Holy Profession in undertaking so grand a Post and Station not so unsuitable to his Parts and Accomplishments as a man but to his Sacred Orders as a Divine As if God did not bless Temporal Affairs in the hands of Spiritual Persons And so many warm Speeches were made to that purpose in the Parliament in 1640 and 41. That at length they produced and brought forth that Statute 17. Car. 1.27 Entituled An Act for disabling all Persons in Holy Orders to exercise any temporal Jurisdiction or Authority None pratled more of Magna Charta than the Speech-makers in that Parliament and none made a greater Nose of Wax of it More especially and particularly in that Statute that Disables all persons in Holy Orders from exercising Temporal Jurisdictions Thus they raz'd the Foundations took away the grand Groundsel of the House of Lords The First of the three Estates of this Realm no wonder then if all the House of Lords tumbled down soon after the House of Commons also not continuing very long after so dangerous it is to pull away the Groundsels and main Pillars Did not the Prelates for they did all in all in those Times not only get Magna Charta Enacted but preserved the same from the Violation and Encroachments that should be made upon it that is with the weapons of those times by Damning all to the Pit of Hell that durst infringe Magna Charta I mean as far and deep into the Pit of Hell as Bell Book and Candle could send such Violaters of Magna Charta The first Branch whereof grants and confirms that the Church of England shall be free and shall have all her whole rights and liberties inviolable In King Charles I. his Reign before that fatal Statute 17. Car. 1.27.8 so contrary to Magna Charta was made the ferment went high no wonder then that the mobility did run a madding when Oppressions will make the Nobility and Wise men mad nor did they recover their wits but by Phlebotomy in a furious intestine and Bloody-Civil-war and when their Veins were well emptied and their Pockets too the People came to themselves and became compos mentis their own man again acknowledging their mistakes all along in foolishly charging the miscarriages in the Government upon the Profession of one of the Chief Ministers of State Arch-bishop Laud. For if they had not all been craz'd with a notion in the soft place of their Heads was not the Argument as strong and rational to disable all Lay-men from Exercising any Temporal Jurisdictions because all the said miscarriages were first begun and carried on by Lay-men viz. Buckingham and Strafford in so much that King Charles I. that lov'd them both well enough or too well and went along with them acknowledged that he did not think Strafford fit to exercise the place of an High-Constable Arch-bishop Laud did but Lackey it after those and followed their steps
who is the Lord Or lest I be poor and steal and take the name of my God in Vain Great Riches are a Temptation and a Share apt to entangle them in Pride and make Gold their God Great Poverty is a Temptation and a snare too apt to tempt men to steal oppress take bribes c. Not but that a Rich Man may be an Oppressour a Cheat a Thief a taker of Bribes Not but that a poor man too may be poor and proud and make Mammon his God But the usual Temptations that attend great Riches are Pride and confidence in Riches And the usual Temptations that attend great Poverty is Cheating Stealing and other unlawful Pollutions that are in the world Now what is become of our Argument No man that Warreth no Christian Man that would please God who hath chosen him to be a Souldier should be entangled and to his utmost he should take care that he be not entangled in and with the Snares and Pollutions of the World They that thus apply this Text to the Clergy alone which belongs to all Christians would exempt themselves from being obliged to look to themselves that they be not Polluted with the World tho they live in it As if none but Clergy-men were obliged to be good men Spiritual men and good Church-men and Disciples of Christ St. Peter was a Spiritual Person and an Apostle and Fisher of men but still kept to the old Trade of Fishing to maintain his Body So St. Paul as he was born a Freeman of Rome he stands up for his Birth-right when Invaded and calls to the Roman Army to help him against 40. Cut-throats that had sworn that they would be the Death of him Therefore taking care of a mans Life and Lively-hood a duty indispensable except a man be felo de se is so far from being a Snare or Entanglement that it is expresly Commanded by the Laws Divine as well as Human The Laws of God the Law of Nature and Law of the Land If any thing be an Entanglement or a snare to hinder a man in his Heavenly Race one would think a Wife should as likely be such a Clog as a Place of Honour or Profit but that is so far from it that it is expresly made a qualification of a Bishop that he be the Husband of one Wife as St. Peter was and as St. Paul said he had Power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a License to Marry when he listed Obj. 4. Obj. 4 Another Topick whence these Orators did raise the Arguments against Clergy-men's intermedling with Temporal Offices and Honours is taken from Acts 6.2 It is not reason say the twelve Apostles That we should leave the word of God and serve Tables Ans This has less of Sence to your purpose Answ than the former Objections The Greek-Converts or Christians murmured because there was not that care taken for their Poor as was for the Jewish-Christians wherefore the Apostles caused seven Church-wardens or Deacons or Overseers for the Poor to be chosen for that Work Every Member of the Church cannot be the Head nor Eye some have gifts inferior as the Hands and Feet all are useful for the Body this hinders not but the chief Heads and Eyes of the Church may give directions and have an Eye to the Poor and to see that the Feet and Hands do their Office Obj. 5. Obj. 5 A fifth Objection was taken from the greatness of the Work of the Ministry implied in that question 2 Cor. 2.16 who is sufficient for those things Answ Answ Who is sufficient I answer None are sufficient What then Must we despair lye down and Die No no we must do as we can though we cannot do all we should The Duty of a Minister of Christ is no where in sewer words more fully recommended and described than in 1 Pet. 5.1 2 3 4. Feed the Flock of God called in the 3d. v. as I said before the Clergy Our English word Feed does but speak by halves the meaning of the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rule and Feed the Flock So St. Paul commands the Hebrews to pay Obedience to their Rulers Pastors Teachers that watch for their Souls Heb. 13.17 Not but that a good Magistrate a good Judg may be a good Preacher and many a good Sermon have I heard from the Bench in some Judg his Charge there as well as from the Pulpit The Elders and Pastors are positively Commissionated and Commanded in 1 Cor. 6.1 2 3 4 5 6. to be Judges in all matters of Law or Controversy that can happen betwixt one Christian and another And so at this day all Christendom over the Teachers are also Lawyers and Chancellours and Masters of the Rolls c. and the Lawyers may Preach too if they be Gifted and Ordain'd thereto Obj. Obj. 6 6. Another flourish of these mens Rhetorick is taken from the Writ Reg. 187.6 which among other things hath these words Non est consonum quod ille qui Salubri Statui animarum piis operibus continue deservit ad insistendum in secularibus negotiis compellatur Ans Answ Any Clergy-man may bring this Writ of Priviledge if he be chosen a Church-warden Constable Scavinger or any other place which he does not like he shall be excused by this Writ of Priviledge if he please Non Compellatur he shall not against his good liking serve So shall now an Apothecary be excused and discharged from such troublesome Offices but he is at his choice he may serve if he please the Law does not incapacitate him but is made in his favour Is not the Life more than Meat and the Body than Rayment Therefore the Law only takes care that they who are more immediately concerned in taking care for the Soul the Life or the Body of Man shall be at leisure to attend the great work and shall not be forc'd to attend the less to the hindrance of what is more necessary But what 's this to the question For there are many Authorities and Jurisdictions Temporal as that of a Justice of Peace Privy-Councellour c. wherein a Clergy-man can better Rule and Feed the Flock than those who though never so able and accomplish't for the place cannot do the good they would to their Flock for want of Temporal Power Jurisdiction and Authority Obj. 7. Oh! But this hinders his Preaching Obj. 7 Ans 1. In answer there-unto I first say Ans 1 I do not believe it But 2. Is there now a days such need of Preaching of Piety as there is of the Practice of Piety There are few so silly but they know their Duty and those that do not may have Preaching enough store of Preaching in the Pulpit in the Press Sermons Sermons The truth on 't is Sermons are of great use to Feed the Flock but not of more use than Discipline to Rule the Flock which is equally a Duty A Justice of Peace shall make ten times fewer Swearers and
Josh 8.31 Moses the Servant of the Lord commanded c. We must have none but Pagans and Heathens Atheists and Debauchees for Kings and Magistrates if we exclude all the Disciples and Servants of Christ for one and all exclude one exclude all and for the same Reasons Besides the distinction of Lay-men and Clergy-men are names of Distinction that God never made but quite contrary those that we call Lay-People are more especially called Clergy or God's Flock or God's Lot or God's Inheritance 1 Pet. 5.2 3. where St. Peter whom we call a Clergy-man Commands the Bishops Elders or Priests whom we also call Clergy-men to feed the Flock of God and not to Lord it over God's Clergy or God's Inheritance viz. over them which we contrarily call Lay-men And the Statute Hen. 8.21 13. calls Lay fee. Pride and Popery first made this Distinction making an Impropriation of the name Clergy or God's-lot to the Divines who called themselves also Spiritual Persons and Ecclesiastical Persons and Church-men as if God had no Church-men but Cassock-men nor any Saints but such as are in Holy Orders And what I pray is entring into Holy Orders Other than being Commission'd or Authorized to do such and such Acts by men of authority so to Ordain thus the King Ordains Judges and Justices by Commission Judges Ordains Gentlemen in the Country to Represent themselves in many cases by taking Fines Depositions c. By Commission too or Dedimus Potestatem The King Ordains or orders the Dean and Chapter to Elect A. B. to be a Bishop The Conge deslyer is a mandamus The Patron Orders or Ordains or appoints a man to such a Benefice if the Bishop do not accordingly give him Institution a Writ of Quare Impedit lies against him so that the Bishop in such cases can neither will nor chuse but if the person Presented be Literatus and according to the late Acts of Parliament in Holy Orders which we call Ordination but really and truly the Presentation is the Ordination or Order that Entitles him with the Bishops Institution to jus ad rem and in course the Archdeancon's Induction gives him Livery and Seizin or jus in re and Possession All this is called Holy Orders and so Prayers and hearing the Word are called Holy matters and Holy things because they more immediately relate to Communion with God but I understand not how Prayers in a Clergy-man is more Holy than Prayers in a Lay-man nor how Preaching is more Sacred than Hearing It is all God's Service and they that exercise the same are his immediate Servants one as much as another if their Faith and Devotion be equal Obj. But why did not Christ accept the Temporal Office and Honor of being a Judg I answer by another question why is not every man you meet a Judg and an Award's man to decide and determin all your Controversies Your Answer must be the same with mine to the said Quaere namely He never had a Commission a Dedimus Potestatem an Authority to make such an Award to divide or decide any such Inheritance or controversy as neither had Jesus Christ in the Days of his Humiliation for that he came to suffer for the sins of the World he could have been born of a Queen but he chose to be Born of a Poor Woman in a poorer Equipage than any and as he was born poor even so he liv'd and so he dyed and it was necessary as it was Proyhecyed of him that he should be a man of Sorrows and acquainted with Grief despised and rejected of men oppressed and afflicted he was brought as a Lamb to the Slaughter for it pleased the Lord to bruise him he hath put him to grief making his Soul an Offering for Sin c. Now observe the Vanity of these Rump Orators and Logicians would you Christian Magistrates and Ministers of Christ be above or better than your Master He was poor and had not an House of his own to hide his head in neither would you if you be his true Disciples and Servants for the Servant is not greater than his Lord you should be poor as your Master All this fine Rhetorick if any were so silly to use it did not prevail with St. John to part with his Estate his House or his Home our blessed Saviour on the Cross took notice of it and therefore recommended his Mother to his Care and Provision and from that very hour that beloved Disciple carryed her to his own home It was well he had a Home and to put it to so good an use it was more than his Master had who had not so much as the Birds have 〈…〉 Nest an Home some men will be Interpreters of Holy Writ and consider nocircumstances which alter the 〈…〉 There was a time when Christ sent his Disciples out without purse or scrip and bare-foot that is in the time of his Humiliation But when that was accomplished or upon Finishing he gives them new Orders Luke 22.35 36. But now saith Christ He that hath a purse let him take it and likewise his scrip and he that hath no sword let him sell his Garment and buy one Whereby they had a plainer Commission to wear a Sword than to wear a Cassock And to want this rather than that Another brisk Oratour and Logician in that Parliament against Clergy-men's exercising temporal Jurisdiction argues thus Obj. 3. From 2 Tim. 2.4 No man that warreth Obj. 3 entangleth himself with the Affairs of this Life that he may please him who hath chosen him to be a Souldier Answ Answ What 's this to Clergy-men more than to all other Christians No Man no good Christian-man 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 implicatur is entangled in the Affairs of this Life It is not so well Translated as commonly entangles himself but is entangled 't is a passiue not an active word and spoken of them Qui tricis laqueis quibusdam implicantur that are snared or fetter'd with or in the things of this Life catch't by the Foot so that they cannot go It is a word used by St. Peter 2 Pet. 2.20 concerning such as are once Converted and have thereby escaped the snares and pollutions of the World and are again entangled or snar'd So that St. Paul to Timothy only advises that no man no good Christian man that hath escaped the snares and pollutions of the World should again be entangled and ensnared therein no God forbid It is just like that of our blessed Saviours Prayer John 17.15 I pray not that thou shouldest take them out of the World but that thou shouldest keep them from the Evil. And all this is but the Daty and should be the endeavour of every good Christian tho he live in the World yet to keep himself unspotted from the World Agur's Prayer Prov. 30.8 is excellent to this purpose give me neither Riches nor Poverty feed me with Food convenient for me lest I be full and deny thee and say