HUGO GROTIUS 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 LONDON Printed by T.W. for Joshua Kirton and are to be sold at his shop in Pauls Church-yard at the signe of the Kings-Armes 1651. Upon the Author and his principall Works He who the Greek wise Sayings did translate With equal Pen to Latium Vindicate From Jew Turk Pagan our Religion's Truth As learned as the Aged in his Youth He who th' Hollandian States Piety Presented unto every impartiall eye Who in the Lawes of Peace and War all Nations Hath well instructed And in 's Annotations On the whole Book of God hath made that light Shine to unprejudiced mindes more bright He that was studious how to reconcile This and that Church in mild Cassanders slile Hath shown what doctrine was Pelagius Who 's older Calvin or Arminius Is ever like himself Here which is much He 's Moderator ' twixt the State and Church And clearly shews you when you may prefer To th' Ancient Bishop the young Presbyter And when that new Invention may please By Elders Lay to give the Pastor ease We'ave set it out with just Care lest we might Wrong th' Author who hath done the State such Right C. B. THE CHAPTERS I. THat Authority about Sacred Things belongs to the Highest Powers II. That this Authority and the Sacred Function are distinct III. Of the Agreement of things Sacred and Secular as to the power over them IV. Objections against the Powers Answered V. Of the Judgement of the Higher Powers in Sacred things VI. The manner of using this Authority rightly VII Concerning Synods or Councils VIII Of Legislation about Sacred things IX Of Jurisdiction Ecclesiasticall X. Of the Election of Pastors XI Concerning Offices not alwayes necessary XII Of Substitution and Delegation To the Illustrious Pair my Lord and my Lady CHANDOS Right Honourable IT is the Great Name of the Author not any worthiness of the Translator that gives this Book a capacity of so high a Dedication The Author born in a low Countrey hath by his excellent works both Divine and Humane raised himself to the just Repute of the most General and the wisest Scholar of his time So that it is become a character of an Ingenuous Student as it was said in the last Age of his Country-man the Great Erasmus to be well versed in the Books of Grotius Out of whose Magazine our best English Writers to their praise have borrowed some of their best furniture The Argument of this Work is worthy the study of Princes and Great Persons From whom certainly God expects a greater care of his Churches Peace and Order To which purpose the Grave Author hath here said some things first of all some with a better Grace than any other and some that although they have been said very well by our own Men yet perhaps will be better taken as the English humour is from the Pen of a stranger The Translator's Designe is partly publick in this scribling Age wherein yet we have need of more good Rooks to Out the many bad ones to cast in his Mite into the Treasury of the Church of England whom as the Moderate Author much honour'd so He professeth himself to be one of her poor Children partly private by this Dedication of it with Himself to your Honours to leave a Gratefull Monument and a lasting Monument he hopes in those Gracious Hands that have supported him in his worst and weakest Times May Your Honours Both live to see the Publick Breaches both of Church and State fairly made up and particularly the Ruines of your Sudely And may Your illustrious Names and Vertues live after you and be increased in your Children So prayeth Right Honourable Of all your Servants the most obliged the most humble BARKSDALE Sudeley Jan. 6. 1651. HUGO GROTIUS Of the Empire or Authority of the Highest Powers about Sacred things or in matters of Religion CHAP. I. That Authority about Sacred things belongs to the Highest Powers BY the Highest Power I understand a Person or a Company that hath Empire or Authority over the People subject to the Empire of God alone taking the word Highest Power not as it is sometimes taken for the Right it self but for Him that hath the Right as it is frequently used both in Greek and Latin To call such a person the chiefe Magistrate is improper for Magistrate is a name the Romans give only to inferiour Powers I said a Person or Company to expresse that not only Kings properly so called which most Writers call Absolute Kings are to be understood in that name but also in an Aristocracy the Senate or States or the Best by whatsoever other name For although there must be Unity in the Highest Power it is not necessary the Person be but One. By Empire or Authority we mean the Right to Command to permit to forbid We say this is subject only to God for therefore it is called the Highest Power because among men it hath none above it That Authority about Sacred things belongs to the Highest Power thus defined we prove First from the Unity of the matter about which it is conversant Paul saith He is the Minister of God a revenger to execute wrath upon him that doth evill Under the name of Evill is comprehended also all that which is committed in Holy things for the Indefinite speech signifies as much as the Universall which Solomon hath expressed A King that sitteth in the throne of Judgement scattereth away ALL evill with his eyes This is confirmed by a Similie for the Authority of a Father is lesse than of the Highest Power yet are Children commanded to obey their Parents in all things Thus doe the antient Fathers also reason when from that of Paul Let every soule be subject to the Higher Powers they infer that the Ministers of Holy things must as well be subject to them as other men although he be an Apostle although an Evangelist although a Prophet saith Chrysostom Whose footsteps Bernard following speaks in these words to an Archbishop If every Soule yours also who hath excepted you from the Universall And truly there can be no reason given why any thing should be excepted For if that which is excepted be subject to no Authority at all which who can prove there will follow confusion among the things exempted whereof God is not the Author or if it be subject to some other Authority not under the Highest Power there must then bee two Highest Powers distinct which is a Contradiction for the Highest hath no equall By this same Argument the Fathers disprove the multitude of Gods because that which is Highest is above
according to the Emperours pleasure This is spoken of generall Synods in the Roman Empire But Constantine called also Topical whereof Eusebius speaks Having speciall care of the Church when discords arose in sundry places The Emperour himself being appointed by God the common Bishop or Overseer commanded the Ministers of God to assemble in Councils After the Acts of the Nicene Councill were confirmed by the same Constantine the generall Law of Synods to be holden twice every year supplyed the place of speciall consent In stead of half-year Synods in some places they had annual Nor was the Assembly at the pleasure of the Bishops but the Governours of Provinces had a charge given them to make the Bishops though they should decline it to meet together in Synods and beside those at set times other Synods also were holden out of order at command of the Highest Power But there are three principall Controversies concerning the Highest Powers right and office about Synods First whether it be lawfull for the Highest Power to command any thing in Sacred affaires without a Synod Second what is lawfull for him and what he ought to doe before the Synod and in the Synod Third what after the Synod For the resolution of the first Question we must conceive whatsoever is said very justly of the exceeding great commodities of Synods belongs to the manner of using the Right of Empire not to the Right it self For if the Highest Power should receive from the Synod any right of Governing it were not then the Highest The Highest being that which is subject unto God alone and under God hath the fullest right of governing Again if the Highest Power without a Synod could not command that which it might command with a Synod then should it receive part of the right of governing from the Synod and then because none can give what he hath not it would follow that somewhat of the Government were in the Synod which the Synod not having by any Humane right must challenge by Divine right whereas the Divine Law denies any such Power to have been given by God unto the Church as hath been shewed above and therefore not to Synods The Right being thus confirmed we make no scruple to affirme That the Highest Power may sometimes rightly order Sacred things without a Synod They that universally hold it unlawfull will never prove what they say but we shall easily For there are extant many examples of the Hebrew Kings that without a Synod gave commands in Sacred matters Whether the Church declare or not even before the Churches declaration the Kings duty is to reform what is amisse and for neglect thereof he must give account to God Eminent among the Christian Emperours is the example of Theodosius He sate as Arbitratour between severall Factions of the Bishops he gives every one the hearing he reads their confessions and after prayers to God for his direction he gives his judgement and pronounceth his sentence for the Truth To omit other examples The Kings and other Highest Powers which in the memory of our fathers have purged their Churches from inveterate errours have done according to the pattern of those antient Kings and Emperours as elsewhere we have shewed True it is and they are commended for their diligence that have observ'd it there were such circumstances in those actions by reason whereof that course was taken and no other could serve the turn And we acknowledge that course to have been extraordinary and more seldome taken but as before we say The manner of doing being divers with regard to times and persons changeth not the right but floweth from it according to the rules of prudence Nor doth any one affirm a Synod is to be omitted without cause but that sometimes there may be causes for the omission of it These causes may be referr'd to two heads either because a Synod is not necessary or because it appears it will be unprofitable That both may be the better understood we must note the Ends of a Synod in a publick Church for of this we speak We have proved already that a Synod is not called as if it had any part of the Government belonging to it The end therefore is that it may give Counsell to the Prince for the advancement of Truth and Piety that is goe before him by a directive Judgement Another end is that by the Synod the Consent of the Church may be setled and made known So although the Apostles severally had both knowledge and authority to define the controversie of Mosaicall Ceremonies it was 01 for the Churches good that it should appear they were all of one mind and that the pious people should be taught to understand the truth rightly and to make unanimous confession of it A third end may be added to the former as Presbyteries in a publick Church so Synods beside their native have an adventions right from Human Law whereby they judge of Causes as other Courts ordained by the Highest Power and so that upon their sentence coaction followes But now of all these ends none is necessary nor is a Synod simply necessary to those ends Counsell is not necessary in things manifest to any one by naturall or supernaturall Light For as Aristotle said well Wee make use of Counsellours in great matters when we distrust our selves as unable without the help of others to discern the Truth Who doubts but the man that denies God or his Providence or his Judgement after this life the man that makes God the proper author of all sins the man that denies the Deity of Christ or the Redemption wrought by him I say who doubts but a man so prophane may be put out of office or out of the Common-wealth by the command of the Highest Power without the advise of many Counsellours Again the Highest Power may have such assurance out of some former Synod that he need not call a new one Therefore a Synod is not necessary to the end sufficient Counsell may be had And as for consent of the Church to be enquir'd or constituted 't is in vain sometimes to take any pains about it when the Church is manifestly divided two wayes the parties and their heat being well night equall as in the Donatists time it happen'd in Africa Sometimes also the consent of the Church may be known without a Synod if there be extant the unanimons writings of almost all the approved Doctors in their Churches Be sides every one in private may either by voice or writing declare his opinion which Austin saith was done in his time and commends it And he that peruseth antient story shall find the Churches affaires more often transacted and consent testified by communication of Letters than by Synods as is observed by Bilson Reynolds and the Magdeburgenses And lastly it may be the Cause in hand is so peculiar to one Church that the consent of others is not needfull Now for the third end
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
and Authority who is set to keep order amongst men Lastly of another mind were All that have hitherto defended the Protestant cause against the Papists Next concerning the Right and Office of the Highest before and in the Synode it is controverted Whether it be lawfull for the power to designe the persons that shall come unto the Synode or no. It is lawfull we doubt not but to cleare the matter let us proceed in order After that Christ instituted the Church and the Pastorall office it hath been lawfull by the Law of Nature not the immutable Law but by that which hath place untill some other Provision be made for the Church in things concerning the Church or for the Pastors in things concerning the Pastorall office to make choice of them that shall goe to the Synode because no Humane Law no agreement interceding to determine the persons there is not other way By this right the Brethren of Antioch send some of their number with Paul and Barnabas to Ferusalem Likewise the Elders and the Church of Ferusalem together with the Apostles send out of their Company chosen men to Antioch But in all the ages following I find no example of election made by the Church for to the Diocesian Synodes assembled all the Presbyters to the Metroplitan all the Bishops unlesse any were detein'd by great necessty Here then is no election but that the Bishops seeme to have taken with them to the Metropolitan Synods some Presbyters and Deacons at their own pleasure That greater Synods might assemble the Encyclic Letters of the Emperours were sent to the Metropolitans and for the most part the election of their fellow-Bishops was imposed on them to compleat the number which the Emperours had prescribed This appears by the Letters of Theodosius and Valentinian to Cyrill the like whereof were sent to all the Metropolitans as the Acts doe testify Plainly to Cyril is the election there committed which election the Metropolitans made sometimes alone sometimes with the Provinciall Synode of their Bishops Of the suffrages of the Church or people there is no appearance The Metropolitans in case any of them could not be present in Synods themselves sent some Bishop or Presbyter to spply in their names and to keep their places Albeit this were the most frequent manner of election yet by no Law was the Highest Power forbidden to call Synods of Pastors elected by his own discretion This alone is enough to prove a permission but reason doth evince the same if we consider the ends before spoken of for which Synods are assembled For first many Synods are had only for Counsell but naturally it is lawfull for every one to chose his Counsellours so it is in questions of the Law of War of Merchandise and all other affairs between which and the Ecclesiasticall as to meere consultation there is no dissimilitude Synods are also holden for the exercise of Externall Jurisdiction committed to them by the Highest Power but this is also naturall for every one to choose his Delegate In the Synods that are gather'd for procuring of consent the case is somewhat different in these it seems very expedient that the Election be either by the Churches or by the Pastors to the end the acts of the Synod may be more passable for men are wont to like those things best which are done by those persons whose faith and diligence themselves have chosen This therefore belongs not to the Right but to the prudent Use of it and is not perpetuall because it may sometimes happen that the election made by Pastors may be lesse available to concord than if it be made by the Highest Powers Againe in a Synod held for Counsell or Jurisdiction because the Highest powers take not notice of all able men it may be best sometimes to receive them upon the commendation of the Church or Pastors We say then not that the Highest Power ought alwaies to choose the persons but that he alwaies may Our leader in this judgement is Marsilius Patavinus for he saith It pertains to the Authority of a Law-giver to call a generall Councill and to determine fit persons for it by determining he means not only approbation of the persons but election too and herein he is followed by the Learned French Defender of the Protestants cause against the Trent Synod Nor are examples wanting The King of Israel cals unto him what Prophets he willâ— and namely Michaia at the persuasion of Fehosophat The Donatists request a Synod of Constantine to judge between them and other African Bishops by this Petition We beseech you excellent Emperour because you are of a just and Royall extraction whose Father was no persecutour and because Gallia is not infected with this iniquity that your piety would command Judges for us thence to allay the contentions here Not the Churches not the Synod of Gallia but the Emperour names the Judges To the first Synod of C. P. Theodosius admitted also Macedonian Bishops who were not surely chosen by the Churches or Bishops Catholick That other Emperours and Kings used the same Right is very certaine And this very thing did the Protestants desire of the Emperour Charls the Fift and the other Kings that they might have leave to choose pious and learned men and send them to the Synod But here we must observe when the Churches or Bishops choose men for the Synod whether by their Native or Dative Liberty The Supreme Governour hath an undeniable power still over that election For all use of Liberty as above is said is subject to Command and the vertue thereof is this that for just causes some turbulent men or otherwise unfit may be excluded from publick businesse That the time and place were proscribed by the Emperours for the Councill the things also to be done and the manner of doing that Synods were translated at their pleasure or dissolved both others before us and we also have made so plain that I think it will be denyed by none Wherefore let us now rather see what Judgement in the Synod is competent to the Highest Power They phansie to themselves an Adversary over whom they may get an easie victory who take the pains to prove that the Bishops judged not the Emperours alone for who ever did so forget himself as to deny that but this we affirme The Highest Power hath right to Judge together with the Pastors the proofe whereof is needlesse here because above we have made good to the H. Power an Universall right of judging which certainly by the Synod cannot be taken away But whether it be best for the Supreme Governour to expresse himself and how far is another question Let us goe through every end of Synods If a Synod be had for Declarative judgement that is that the Bishops may shew out of the holy Scripture what is true what false what is lawfull what unlawfull here the King being well versed in
imitate the Sacred Canons For in things not defined by Divine Law the Canons are usefull to the Law-giver two wayes They doe both contain the Counseis of wise men and make the Law more gracious in the subjects eye This as it is not necessary to the right making of a Law so if it may be obtained is very profitable Justinian's Novel is Extant wherein he gives the force of Lawes to the Ecclesiasticall Canons set forth or confirmed by the four Synods the Nicene the first of Constantinople the first of Ephesus and that of Chalcedon Where by the word Confirmed we must understand the Canons of the old Provinciall Councils which being generally receiv'd were therefore contained in the Code of the Catholick Canons Now to that which some Enquire whether the Church hath any Legislative Power the Answer may be given out of our former Treatise By Divine Law it hath none Before the Christian Emperours the Decrees of Synods for the order or the ornament of the Church are not called Lawes but Canons and they have either the force of Counsell only as in those things that rather concern single persons than the whole Church or else they bind by way of Covenant the willing and the unwilling being the fewer by necessity of determination and therefore by the Law of Nature not by any humane Authority This notwithstanding some Legislative Power may be granted by Humane Law to Churches Pastors Presbyters or Synods For if to other Companies and Colleges whose usefulnesse is not to be compared with the Church that Power as we have said above may be granted by the Supreme Governour why not also to the Church especially when no Divine Law is against it But two things must be here observed First this Legislation granted doth not at all diminish the right of the H. Power 't is granted Cumulatively as the Schooles speak not Privatively for the H. Power though it may communicate to another the right of making Lawes generall or speciall yet can it not abdicate the same right from it selfe Next the Lawes made by any such Company may if there be cause be nulled and corrected by the H. Power The reason is two Lawgivers both highest cannot be in one Common-wealth and therefore the Inferiour must obey the Superiour Hence it is that for the most part in the constitutions of Synods we see the assent of the Highest Power expressed in these words At the command of the King By the Decrce of the most glorious Prince the Synod hath Constituted or Decreed It may be objected here That Kings sometimes affirme they are bound by the Canons and forbid to obey their Edicts contrary thereto But this is of the same sense as when they professe to live by their own Lawes and forbid their Rescripts if they are against the Lawes to be observ'd For such professions take not away their Right but declare their will As a clause added in a former Testament derogating from the later makes the later of no value not because the Testator might not make a later Testament but because what is written in it is supposed not approved by his free and perfect Judgement And hence it is that if there be a speciall derogation from the derogating clause as the later Testament is of value so is the later Constitution too But that Canons have been nulled and amended by Emperours and Kings and that Synods ascrib'd that Power to them was prov'd sufficiently when we treated of Synods Yea which is more even those Canons which are found in the Apostles writings were not perpetually observ'd The reason is because they were supposed to contain not so much an exposition of Divine Law as Counsell accommodated to those times Such is the Canon to Timothy That a Neophite be not made a Bishop which was renewed in the Synod of Laodicea Yet in the Election of Nectarius this Canon was layd by by Theodosius and by Valentinian in the Election of Ambrose And such is that Canon That a Widow under sixty be not chosen for a Deaconesse which Theodosius also constituted by a Law Yet Justinian permitted one of fourty to be chosen 'T is not to be forgotten here that the Hebrew Kings excepted some actions from the Divine Law it selfe There was a Law That no unclean person should eat the Passeover Yet Ezechius having poured forth his prayers to God granted an Indulgence to the unclean to cat thereof Again the Law was that the Beasts should be slain by the Priests and yet twice under Ezechias the Levites by reason of the want of Priests were admitted to this office Not that the Kings loosed any one from the bond of Divine Law for that can no man doe but that according to equity the best Interpreter both of Divine and Humane Law they declared the Law Divine in such a Constitution of affaires to lose its obligation according to the mind of God himself For such a Declaration as in private actions and not capable of delay it is wont to be made by private men So David and his companions interpreted the Law which permits the Priests only to eat of the Shew-bread to have no binding force in the case of extreme hunger so in publick actions or in private also that may be delay'd it is to be made by the Highest Power the Defender and Guardian of Divine Law according to the counsell of wise and godly men And hither for conclusion I refer that in the time of the Macchees it was enacted that it should be lawfull to give battell to the Enemy on the Sabbath day CHAP. IX Of Jurisdiction about Sacred things TO Legislation Jurisdiction is coherent with so neer a tye that in the highest degree one cannot be without the other Wherefore if the Supreme Legislation about Sacredthings under God agrees to the Soveraign Power it followes that the Jurisdiction also agrees unto it Jurisdiction is partly Civill partly Criminall 'T was a point of Civill Jurisdiction that the Episcopall Sea of Antioch was abjudged and taken away from Paulus Samosatenus The Criminal from the chiefe part of it is call'd the Sword Hee beareth not the Sword in vain but is an avenger upon all that do evill therefore upon them too that doe evill in matters of Religlon Of this sort was the command of Nebuchodonosor the King that they should be torn in pieces who were contumelious against the true God and that of Josias wherby Idolaters were put to Death Relegation also belongs to Jurisdiction So Solomon confin'd Abiathar the Priest without any Council as the Bishop of Ely well notes t was indeed for treason but he had as good Right to punish him if the offence had been against the Divine Lawes So the Christian Emperours banisht Arius Nestorius and other Heretiques Esdras and his associates received Jurisdiction from Artaxerxes whereby they punished the obstinate Jewes with the publication of their goods and ejection out of the
such a nature that unlesse they be kept under they wil be above you the superstitious multitude do more hearken to their Preachers than their Governours Kings and Emperours have learned this at their cost and the Annals are full of examples One thing more for conclusion the experience of all ages tels us that change in Religion even in Rites and Ceremonies if it be not with consent or manifestly for the better often shakes the Common-wealth and brings it into danger Wherefore unlesse that curiosity be restrained by Lawes the State will often totter For these last reasons there are some even in the Roman Church that submit the Priest though by them otherwise exempted to the Power of the Prince CHAP. II. That the Authority or Rule over Sacred things and the Sacred Function are distinct ARistotle teacheth very well that it is not the part of an Architect as an Architect to set his hand to the worke but to prescribe what every one shall doe as right reason shall direct him and what he shall rightly appoint the workmen must rightly execute So it is the Rulers office not to doe the things commanded but to command them to be done But the Functions under command are of two sorts some are subject both by nature and order as effects proceeding from their cause some only by order In the former way under the Architect are the Overseers of the work in the latter the Carpenter the Smith and other Labourers So also to the Authority of the Highest Power are subject in the former way the offices that have in them Authority and Jurisdiction as the office of Major Governour of a town and the like In the latter way the Function of a Physician Philosopher Husbandman and Merchant Wherefore they fight with their own shadow who take great pains to prove that the Pastors of Churches as suen are not the Vicars or Deputies of the Highest Powers for who knows not that when Physicians neither can without mistake be stiled so But that the same Pastors as they receive some Authority or Jurisdiction beside their Pastorall office in respect of that accession may be called Deputies or Delegates of the Supreme Powers shall be shewed hereafter Wherefore when the Learned Deane of Lichfield proving that Priests are not therefore Superiour to Kings because Kings are commanded to aske Counsell of them uses this example that Kings advise with their Counsellours of State who yet are not their Superiors They misunderstand him who take his meaning to bee that these doe agree in all respects when 't is sufficient for a similitude that there be a correspondence in the drift of the speech otherwise even the Parables in the Gospel will be expos'd to censure Pastors are rightly compar'd to the Civill Officers in respect of the subordination not the emanation of their Office The Civill Officers are both Subjects to the Highest and Deputies the Pastors as such are only Subjects not Deputies The Authority over the Function and the Function it self being distinguished we must enquire Whether that Authority and the holy Function may be united in the same person Whereunto that we apply a fit answer a difference must be made between the Law of Nature and Positive divine Law By the naturall Law the same person may have the highest Authority and the Priesthood too because these have no such opposition but they may meet in one man Nay more set aside the Positive Law and some externall impediments it is in some sort naturall that the same Person be both King and Priest not so naturall as that it cannot be otherwise but as those things are tearmed naturall which are well agreeing unto nature and right reason For seeing Kings whose Dominions are not of the largest may easily joyne some peculiar Function to the care of their Kingdome as we have known Kings to have been Physicians Philosophers Astrologers Poets and very many Commanders in War and seeing no Function is more excellent and whence doe flow down upon the people so many benefits as the Priestly Office it appears that this above all other is most convenient and worthy of a King The consent of Nations doth evince it for in the first times when men were govern'd more by Domesticall than Civill Power the Fathers of families as all confesse did both represent some Image of Kings and performe the Priesthood also Thus Noah after the Floud was past offers sacrifice to God Of Abraham God himself saith He would instruct his Children and Family in the course of a Godly life We read also of the Sacrifices of Job and other Patriarchs After the Fathers decease as the Principality of the Family so the Priesthood too was devolved to the first borne and that custome continued in the posterity of Jacob for as yet they had no Common-wealth constituted untill the Levits that is the Priests and Ministers unto the Priests were surrogated and put in place of the first borne as the divine Law doth expresly tell us But in the meane time in the Country of Canaan there being a kind of Common-wealth we read of Melchisedec King and Priest The like was Moses before the Consecration of Aaron Other Nations of old had the same custome whether by the instinct of nature or the example of their Ancestors In Homer the Hero's that is the Princes Sacrifice and to omit other Nations the first Kings of Rome did so too and after the Kingdome was out there remained yet A King of the Sacred Rites It may be enquired whether those Fathers and Kings while the true worship of God lasted as it is credible it lasted among many of the Fathers for some Ages after the floud received the Priesthood by some speciall Title or challenged it to themselves by their Paternall and Regall Right Very learned men are of opinion that as some probably had the authority of the divine Oracle so others had it not nor is any such thing the Law positive being set aside requir'd to the constitution of a Priest Yea when the men of those times all the world over were bound as far as they knew him to honour God and to give him thanks as the Apostle convinces Rom 1. they were either bound every one to be Priests or to commend the Priesthood to some chosen men But it is the Fathers part to assigne all in the family their severall offices and among the rest the Priesthood as being by the Law of Nature not excepted and the function which he may assigne unto another the same if he be fit for it nature forbids him not to assigne unto himselfe What is faid of the Father let it be understood of the King and the rather because all confesse the free multitude in that first state had a right to choose themselves a Priest Which right of the Multitude is transferred upon the Highest Power For such Election consists of bidding and forbidding because one is licenced to
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
interpreted You shall destroy their altars and break downe their statues and cut down their groves and burn their graven images with fire The command must first be given by the Highest Power and then must execution be done readily by the Subjects Doe thus saith Austin upon the place when you have receiv'd Commission for it The Pagan Temples in the Roman Empire were not shut up before that Law of Constantius extant in both the Codes If any one hath broken Idols and there been slaine the Elibertine Councill forbids him to be receiv'd among the Martyrs because it is not written in the Gospell nor is any such thing found done by the Apostles But the Highest Power hath not only forbidden Idolatrous Assemblies but those too which gave themselves to any evill superstition or errour publickly pernicious or were obstinate breakers of the Churches peace Christian Emperours have excluded Hereticks and Schismacks from all accesse to honours have deprived them of the right to obteine any thing by Will have given away their Churches to the Catholicks All which Austin at large defends against the Donatists For those pâ—â—shments of such inexcusable Delinquents in Religion which left them time of repentance the antient Church approv'd But the paine of Death was so much against the gentlenesse of the old Religion that Idacius and Ithacius were condemned by the Bishops of Gallia for being Authors that certaine Priscillianists should be confuted with the sword and in the East a whole Synod was condemned which had consented to the burning of Bogomilus Yet sometimes also false Religions have gone unpunisht under pious Emperours The Jews whilst they held from the contempt of the Christian Law and from drawing over Christians to their Sect had alwaies free use of their Religion Neither were the Pagan rites prohibited by Constantine at the beginning of his conversion but he advanced Pagans to the Consulship as Prudentius notes to Symathus So Jovinian and Valentinian Princes worthy of all praise terrified not them with threathing edicts that violated the verity and unity of the Christian Law And which is more to be noted the Emperours did not only permit impunity to disagreeing sects but often made Laws to order their Assemblies Constantine and following Empâ—â—urs grant to the chief Rulers of the Jewish Synagogues the same Rights with Christian Bishops So Theodosius forbids any to be received into their Sect against the will of their Primates and forbidding them to be received into their Assemblies that denyed the Resurrection and Judgement or would not acknowledge the Angels to be Gods creature He saith he had reformed the Jewish Nation So the Proconsuls took away the Churches of the Donatists from the Maximianists because they were proved to have been condemned in a Councill of the Donatists Moreover in the true Church the Right and Office of the Highest Powers is not only conversant about the whole body of Religion but the single parts as reason and examples doe evince Reason because it cannot be otherwise but He that hath right upon the whole hath right upon the parts Examples are at hand Ezechias that he might suppresse the adorers superstition took away the Serpent set up by Moses and by the same right against the Decrees of the second Nicene Synod Charles the Great forbad the adoration of Images Honorius and Arcadius repressed by their Edict Pelagius and Calestius the authors of a false opinion and so of late some of the German Princes have purged their Churches otherwise well ordered of the Ubiquitarian Errour For prevention of Schisme Constantine cut off needlesse Questions an example worthy to be imitated by our Rulers for it is most true which Sisinius said to Theodosius By Disputations about Religion contentions only are inflam'd The Emperour Andronicus of excellent knowledge in Divinity threatned the Bishops disputing subtilly upon The Father is greater than I that unlesse they would abstain from such dangerous discourse he would throw them into the river Even true words but not extant in the Bible were for a time forbidden to be used So Heraclius the Emperour prohibited both the single and the double Energy to be ascribed to Christ that this is not to be dislik'd we have the authority of St. Basil for us who saith Many pious men abstained from the words Trinity and Homousion and that also the word Unbegotten is not to be used of the Father because these words are not in Scripture And Meletius of Antioch for a time abstained from questions about Doctrine only delivering what pertained to emendation of manners esteeming this care above the other It is pertinent here which Plato hath in his Lawes That no man should publish any writing unlesse approved first by Judges appointed for the purpose This is also an especiall work of Lawes to compose the manners of the Clergy The blind and the lame David excludeth from the Temple Ezechias and Josias command the Priests to be purified Justinian doth not allow the Bishops to wander up and down to play at Dice to be spectators at Playes And Platina exclames very justly O King Lewis I would you lived in our times Your most holy orders your Censure is now very necessary for the Church To proceed That the Powers also used their Authority in defining things which the Divine Law hath left undefined is most plain The King of Ninive proclam'd a Fast David commands the Ark to be transported Solomon orders all things for the ornament of the Temple and after him Josias who also takes care that the Treasure destin'd for Sacred uses be not alienated Of this kind is the greatest part of Constitutions which appear in Theodosius and Justinian's â—ode and in the Novels and in the French Capitulars as of the age of Bishops Presbyters Deaconesses of the immunity and judgements of the Clergy-men and insinite other things which were tedious to number That in those Lawes are Constituted many things that are not in the Canons both the Reading shewes and Whitaker confesses Therefore also in the Trent Synod the King of France doubted not to declare by his Orators That the most Christian Kings so 't is in the Acts have made many Edicts in matters of Religion after the Example of Constantine Theodosius Valentinian lentinian Justinian and other Christian Emperours That they have made many Ecclesiasticall Lawes and such as the antient Popes not only were not displeased with but some receiv'd into their Decrees and esteem'd the chiefe authors of them Charles the Great and Lewis the Ninth most Christian Kings worthy the name of Saints That the Prelates of France and the whole Order Ecclesiasticall according to the Prescript of those Lawes have piously and Christianly ruled and govern'd the Church of France In the mean time it is most true that the Emperours for the most part in making lawes had respect unto the Canons old or new whence is that saying The Lawes disdain not to
Conversion as the antient Fathers love to speak This is also to be noted Besides that relegation from the Society of the faithfull other incommodities were annexed to Excommunication to the end the offenders might be the sooner brought unto repentance And that this was no new thing but of most antient Custome deduced even from the beginning of the world or the reparation of it after the Floud the perpetuall use of almost all Nations is an argument of no small moment Memorable is that place of Caesar concerning the Druids among the antient Galls If any private person or publick stand not to their Decrees they forbid him their Sacrifices This is among them the most grievous punishment They that are under this interdict are accounted in the number of impious and wicked persons all men refuse their company come not neer them nor discourse with them lest the contagion hurt them They receive no advantage by the Lawes of the Kingdome nor are capable of any honour in it At this day in some places Excommunicate persons are interdicted the use of Common Pastures in other places a mulct is set upon their heads therefore doth Luther justly call the greater Excommunication a Politick punishment All this Jurisdiction or Imperative Cognizance Court and audience is deriv'd from the Highest Power This was the meaning of the King of Britain in that Law All Authority of keeping Court and all Jurisdiction as well Ecclesiasticall as Secular flowes from the Regall Power as from the Supreme head And the Politia Anglicana speaks thus unto King James The Ecclesiasticall Jurisdiction is plainly the Kings a prime principall and individuall part of your Crown and Dignity The Ecclesiasticall Lawes are the Kings Lawes nor doe they arise from any other fountain but the King nor are they preserv'd by any other Power but his From the Royall Power all Ecclesiasticall Jurisdiction streams by the Arch-Bishops and Bishops to the Judges Ecclesiasticall Which is also the Bishop of Ely his meaning when he saith The Judgements of the Church receive externall Authority from the Emperour Having spoken of the acts competent to the Churches and their Pastors either by Divine or Humane right the Designe of our Treatise carries us on to this consideration what acts and how farre they may be exercised about him who is endued with Soveraignty The naked use of the Keyes with that which adheres unto it by Divine right hath place no lesse about the King than about the least of the people yea is so much more necessary about Him by how more there is in his sin danger of contagion Miserable is that Prince from whom the Truth is concealed and well did Valentinian to exhort Ambrose That he should proceed according to the Divine Law to cure the soules infirmities Neverthelesse they are injurious to the Gospell who under the name of the Keyes cover their popular declamations wherein they openly traduce the actions of the Highest Powers that are either of ambiguous Interpretation or not at all known or not certainly and with much acerbity inveigh against them before the common people This is a way to please the people who being naturally jealous of their betters lend a willing care and an easic faith to such invectives but 't is not the way to edifie them Hence it is necessary that seditions follow or which is the next step to Seditions the Contempt of the Soveraign nor without reason hath that most wise writer reckoned Deubtfull speeches of the Prince among the incentives of popular Tumults A wide difference there is between the preaching of the Gospell and the use of the Keyes The preaching of the Gospel being to all is so to be attempered that it may profit all and concealing the persons aimes only at the vices It is an evill custome to turn the Pulpit into a Stage and the sweet voice of the Gospell into the old reviling Comedie The antient Romans censur'd it as an unworthy thing to accuse any man in such a place where he might not presently give in his Answer as Cicero relates But God by an edict of his Law hath especially guarded not the life only but the fame of the Highest Powers when He said Thou shalt not speak evill of the Ruler Where manifestly we must understand somewhat more to be forbidden than what is unlawfull toward private persons nor is the Law meant of Power abstractly or the Ruler only that governs well Paul applyes that command to the High Priest Ananias one that Judged contrary to the Law Saul had grievously sinned and Samuel in the severity of a Prophet denounceth Gods wrath against him yet being asked by Saul to honour him before the Elders and the People and not to leave him He denies not the request Nathan accus'd not David guilty of Adultery and Murther before the people but comes unto himself as it is credible the Baptist did to Herod when he told him of his fault So the antient Bishops and whole Synods in publick alwayes speak with greates Reverence even to the Pagan Emperours and enemies of the Church and to Constantius the Patron of Arians Neither did the Invective Orations against Julian come forth in publick till after his decease The Prophets I confesse being Divinely inspir'd did not alwayes observe this Rule And no marvell seeing God who by the ministery of Prophets anointed Kings who by Phineas by Samuel and by others slew whom he pleased and did many other things not allowed to private men He also by the same Prophets set a mark of publick ignominy upon irregular Princes For what is more true than that nien specially inspired by God to fulfill his Commands are by him released from the bonds of Law Wherefore when Shimei openly upbraided King David with his homicide David to excuse him found nothing else to say but It may be the Lord hath bidden him intimating thereby that only one way there was to justifie evill language to the King if God hath given any one some speciall Injunction for it The Prophets themselves when they were accused for raising sedition take their defence from nothing else but a peculiar Command they had receiv'd from God Truly I doe not find the Kings were thus traduc'd by the Priests whose office was ordinary as for the example of Zacharias the son of Joiada in the Gospel the son of Barachias his Speech aymed not at the King but all the people and in a common fault he exhorted all to a common repentance moved thereunto by the Spirit of God This we know Christ hath granted to them who have received injury from the Brethren that after they had admonished the injurious first alone and then before a few they might in the last place bring the matter to the knowledge of some pious Congregation Where by the name 02 of Congregation or Church learned men and among them the famous Beza not without reason understand not all the people but
the Synedry for by the Septuagint the word is given to every Company and in Moses by all the Congregation the Synedry of the Seventy Elders is signified as Aben Ezra and Rabbi Solomon have long since noted This also we know that the Corinthian who had defiled himselfe with incest was censured of many We 02 know that Timothy is enjoyned to rebuke them that sin before all that the rest may fear Which place seems by that which goes afore to be understood of Presbyters that sin who in the hearing of the other Presbyters were rebuked by the Bishops But although we understand it generally it is certain these indefinite Rules admit their restrictions and limitations according to the quality of the persons An Elder saith Paul rebuke not but entreat him as a Father and the yonger men as brethren Much more honour is due to the Soveraign Power and to Magistracy than to age Adde here which many have noted and is congruent to the Custome of the antient Church that the Prelats of the Church are not to bee reproved before the multitude how much lesse the King who is as Constantine said constituted by God as it were an universall Bishop Now as ignominious traduction so all coaction too against the Highest Power is unlawfull because all right of compelling proceeds from it there is none against it That which is objected concerning Uzziah is answer'd by interpreting the text according to the Originall thus And Azariah the chief Priest and all the Priests looked upon him and behold he was leprous in his forehead and they made him hasten thence yea also himself was compelled to goe out because the Lord had smitten him By the Divine Law it was not permitted for a leprous man to be in the Temple the Priefts were therefore earnest in hastning the King away because he was struck with leprosy and the disease it self encreasing upon him made him depart of his own accord The Priest declares God compels We have said what may be done by Authority of Divine Right the rest that hath been added by the Canons either naked or cloth'd with Law as it may wee confesse to good purpose be used upon the Emperour sometimes so if he oppose it or forbid by what right or with what prudence it may be used we doe not see For that all Government which ariseth from consent is under the Supreme Command and that all Jurisdiction is not only under it but also floweth from it is demonstrated afore nor is that in question that the Soveraign is not bound by penall Statutes Whence the antient Fathers have interpreted that of David To thee alone have I sinned to be spoken because he was a King whence also is that note of Balsamon to the twelfth Canon of the Ancyran Synod The Imperiall unction drives away penance that is the necessity of publick satisfaction Meane while 't is true that Kings to their great honour as in Civill affairs to their Courts and Parliaments so in Sacred they may submit themselves to Pastors even as to publick Judges For it is current saith Ulpian and a thing in practise that if the greater or equall subject himself to the Jurisdiction of the other sentence may bee given for him or against him But this subjection because it depends upon the Kings will and may be revok'd at pleasure diminisheth not a jot of his Supreme Command as it hath been proved by very learned men Whether or no it be expedient that a King should suffer this Jurisdiction to be exercis'd upon him is wont to be disputed They that affirme shew how by this submission of Kings much strength Authority accrueth to the Discipline of the Church 'T is true and spoken to the purpose As the Princes so will the People be and the Rulers example hath the sweetest influence But for the Negative it is said That the Common-wealth stands by the Authority of the Governour and as Aristotle the consequence of contempt is dissolution Certainly if any credit may be given to them that have recorded the affairs of the Emperour Henry and among them to Cardinall Benno the Rise of his calamity was that publickly with lamentable penance naked feet and course apparell in an extreme cold winter he was made a spectacle of men and Angels and at Canusium for the space of three dayes endured the scorne of Hildebrand A difference therefore must be made between those things which are needfull to the publick profession of repentance and the more grievous and ignominious punishments To the former some of the Emperours before Henry rare examples of Christian meeknesse have yielded willingly but Henry was the first of all upon whom any thing so ignominious was imposed or any thing at all without a voluntary submission And Hildebrand or Gregory VII was the first of all the Popes that took upon him so great a boldnesse toward the Imperiall Majesty as Onuphrius tels us who also saith that the Kings and Emperours who either upon just or unjust cause exempt themselves from these Positive censures are to be resigned up to the Judgement of God And so the Kings of France for many ages have challenged to themselves this right That they cannot be excommunicated In what fort a Pastor without such coaction may satisfy his conscience in the use of the Keys Ivo Carnotensis hath declared Let him say to the Emperour I will not deceive you I permit you at your own perill to come into the visible Church the Gate of Heaven I am not able to open for you without a better reconciliation It remains now to shew what is the Right and Office of the Highest Power about those actions which we have ascribed unto Pastors and Congregations And first as to those actions which by the only Right of Liberty and Privilege of Divine Law are exercised seeing by them also injury may be done to others it is certaine they are comprehended within the sphere of the Supreme Jurisdiction For not only the Actions which proceed from the Authority of the Highest Power but all Actions whatsoever capable of externall morall goodnesse or evilnesse are called to the judgement of the Highest Power If married persons performe not to each other what the Law of Matrimony requires and if the Master of a Family neglect his charge in these cases the Courts of Justice are of use Of all evill the Power is ordein'd the Avenger One among evils and not the least is the abuse of the Keys and unjust separation or denegation of the Sacraments There is an Imperiall Law prohibiting the Bishop that hee Sequester no man from the Holy Church or the Communion unlesse it be upon just ground And Justinian in his Novell forbids all Bishops and Presbyters to segregate any one from the Holy Communion before cause bee shew'd wherefore the Sacred Rules will have it to be done Mauritius the Emperour commands Gregory the Great to
collated by Kings Onuphrius is witnesse for the Emperours An Epistle of Pope Pelagius Bishop of Rome is extant which signifies that the Sacred Letters of the most gratious Emperour were come unto his hands requiring certain men to be made Presbyter Deacon and Subdeacon at Centumcells The publick Records of our own Country doe abundantly witnesse the Princes of Holland Zeland and West risia even from the beginning of their Principality have conferred at their pleasure upon fiâ—men the Pastorall Gure of every City and Village except in what places it could be proved that the same right was granted away to others and that Gustome was kept untill the times of the last War These examples although they be not antient are yet sufficient to refell those who have adventured publickly to affirm Pastors untill the very last times of the War were chosen by the People Here might be added were it needfull very many Records of Investitures whereby the Princes bestow upon Noble men their Vassals among other rights also the Collation of Churches And I for my part cannot understand how it comes to passe that the same right doth not still endure to this day whether it be expedient or where and how farre it is expedient is another question The States in my opinion by their pains taken in the Reformation have not deserved to be in worse condition then before they were In the Palatinate the Pastorall Cures are conferred by the Decree of a Senate which by the coÌ„mand and in the name of the Elector hath government of the Churches In the Dominion of Basil the Churches without the City have no power at all in choosing their Pastor whom the Magistrate of the City sends to feed them him they receive with reverence although they never heard him teach In the beginning of the Reformation they were content with this Call alone It is the Saying of Musculus A Christian Pastor ought not to be sollicitous about his Call nor to doubt that it is Christian and lawfull where he is called to preach the Gospell by the pious Magistrate or Prince Wherefore the Doctrine of the Reformed Churches doth not deprive the Powers of this Divine Right Neither have the States themselves ever been of another judgement for when in the year 1586 without the assent of the States a Synod was held the Earle of Lester Governour of these parts to move the States to allow of the Synod declared Nov. 16. That such allowance should be a detriment to no man in respect of that right he challenged in the Institution of Pastors And in the same year Decemb. 9. the Acts of that Synod were admitted by the States with some exceptions whereof this is one That the States Noblemen and City Magistrates and others should retain the right and Custome of Instituting and destituting Pastors and School-masters Let us now give answer to the rest of the Objections used to be brought against the Highest Powers in this regard Some say that certain Kings and Princes have abused the Elections either through a sordid love of gain or through too much favour It is too true but to the determination of the question 't is impertinent for the abuse of right depriveth no man of his right unlesse perhaps a subject by the sentence of his Superiour much lesse is a possible abuse sufficient to the losse of right Then no man shall bee certain of any right whatsoever But to speak the truth there is a greater number of laudable Elections which Kings have made And on the contrary by popular Elections the matter often was brought unto Seditions and slaughters to Sword and fire nor is the Clergy alwayes free from favour and faction no not at this day So that if for fear of incommodities Elections may be overthrown no kind thereof will be able to subsist When Genebrard an enemy to the Regall right had said the Bishops of Rome chosen by the Emperours were monsters of men the contrary was shewed by our side that they were good men at least in some mediocrity but from the Election of the Clergy and People came forth Monstces inâ—eeâ— Moreover the Greatness of the Highest Powers yields not to corruption so easily as private men nor is so obnoxious to unjust desires and importunity of Suters Lastly Ordination which remains with the Pastors and the right of contradicting which is left unto the people shuts up the way if not to all which exceeds Humane Power yet to the worst abuses The Canons are objected too and some Sayings of the Fathers That old Canon which is the 30. in their number entitled Apostolicall speaks of Magistrates not of Emperours and as the Canon next before is oppos'd to nundinations so this to violent intrusions The Canon pertains to them that being not lawfully examin'd and ordain'd invade the Church by force by the Magistrates help and favour So the Parisian Synod disapproves not Election but Ordination by the King nor all the Kings Authority but that which is against the will of the Metropolitan and Comprovinciall Bishops to whom the ordination did belong For King Charibert himself under whom this Synod was holden elects Pascentius to the Bishoprick of Poitiers whom the Comprovincials receiv'd as rightly chosen And if the Canon bear another sense yet is it nothing to the purpose For if it was made by the Kings consent it might be rescinded erther by himself or by other Kings also especially with the sentence of their Peers because no positive Lawes are immutable but if without the Kings consent then neither had that Canon the force of a Law nor could the Regall right be impair'd thereby This is certain since the Kings began to Elect Bishops many Synods have been held in France and not any one of them hath reprehended the Kings in that respect but many have admonished the King to use that study and care in choosing Pastors which was meet Whence it is evident the Gallican Bishops never found any thing in that Election contrary to the Lawes Divine 'T is very improper for our men to produce the Authority of the Nicene second Synod whereby the worshipping of Images was introduced And yet the meaning of the Canons alleged thence is no other then of those we have already answer'd That sharp speech of Athanasius against Constantius is alleged also Who having received most grievous injuries if he had uttered any thing not so generally true as accommodated to those times what marvell is it seeing other Fathers too have let fall many words which will not bear a rigid Examination Yet doth not Athanasius how hot soever in this cause pretend any right Divine but enquires Where is that Canon that a Bishop should be sent out of the Palace He shews what Constantius had done was not Canonicall and rightly for another way of Electing was then in use and that confirmed by the Authority of the Nicene Synod and by the Precepts of Constantine Now although for
Prophets some Evangelists some Pastors and Doctors not only distinct in Functions but by certaine degrees also For God hath given in the Church first Apostles in the second place Prophets in the third Do ors The very Deaconry by the Apostles instituted is sufficient to prove that Christ had not commanded an equality of Church-men Therefore we set down this first as a thing of undoubted verity Wherein we have Lanchius Chemnitius Hemingius Calvin Melanchthon Bucer all consenting with us yea and Beza too so far as to say That some one chosen by the judgement of the other Presbyters should be and remaine President of the Presbytery cannot nor ought not to be reprehended Secondly we determine That the Episcopacy we speak of hath been received by the Universall Church This appears out of the Universall Councils whose Authority even now among pious men is very Sacred It appears also by comparing Synods either Nationall or Provinciall whereof there is hardly one to be found but it carries in the forehead manifest signs of Episcopall eminence All the Fathers none excepted testify the same Among whom the least friend to Episcopacy is Jerom being himself not a Bishop but a Presbyter His testimony therefore alone sufficeth It was decreed all the world over that one chosen from among the Presbyters should bee set over the rest to whom all the care of the Church should pertaine Yea so universall was this Custome that it was observed oven among the Hereticks which went our of the Catholick Church All these things saith the Author of the Homilies upon Matthew which are proper to Christ in verity have Hereticks also in their Schism Churches Scriptures Bishops and other orders of the Clergy Baptisme Eucharist and all things else Certainly this errour of Aerius was condemned of all the Church that he said A Presbyter ought to be discerned from a Bishop by no difference Jerom himself to him who had written There is no difference between a Bishop and a Presbyter answers 'T is spoken as ignorantly as one would wish you have as the Proverbe is made shipwrack in the Haven Lastly Zanchius also acknowledgeth the consent of the whole Church in this point Our third determination is That Episcopacy had its beginning in the Apostolicall times Witnesse the Catalogues of Bishops in Irenaeus Eusebius Socrates Theodoret and others all which begin from the Apostles age now to derogate faith in an Historicall matter from so great Authors and so consenting together it cannot but be the marke of an irreverent and pertinacious mind It is all one as if you should deny the truth of that which all the Roman Histories deliver That the Consulship began from the expulsion of the Tarquins But let us againe heare Jerom At Alexandria saith he from Mark the Evangelist the Presbyters alwaies elected one from among themselves placed him in a higher degree and call'd him Bishop Marke deceased in the 8. of Nero to whom John the Apostle being yet alive succeeded Anianus to Anianus Abilius to Abilius Cerdo The same Apostle surviving after the death of James Simcon had the Bishoprick of Jerusalem after the death of Peter and Paul Linus Anacletus Clemens Held that of Rome Evodius and Ignatius that of Antioch Surely this Antiquity is not to bee contemn'd whereunto Ignatius himself the coetanean of the Apostles and his next followers Justin Martyr and Irenaeus yield most apparent testimonies which need not bee transcribed We will end this with Cyprian Now saith he through all Provinces and through every City are appointed Bishops Our fourth is this This Episcopacy is approv'd by Divine Law or as Bucer speaks it seemed good unto the Holy Ghost that One among the Presbyters should be charged with a singular care The Divine Apocalyps affords an irrefragable argument to this assertion for Christ himself commands to write unto the seven Angels of the Asian Churches Who by Angels Understand the Churches themselves they manifestly contradict the Holy Scriptures For the Candlesticks are the Churches saith Christ and the stars are the Angels of the seven Churches 'T is a wonder how farre men are transported by the spirit of Contradiction when they dare confound things so openly distinguisht by the Holy Spirit We deny not but every Pastor in a generall signification may be capable of this title of Angel but here 't is manifestly written to One in every Church Was there but one Pastor in every City No sure for even from the time of Paul at Ephesus were many Presbyters ordained to feed the Church of God Why then is the Letter sent to One in every Church if no One had a peculiar and eminent Function Under the name of Angel saith Austin is commended the Governour of the Church The Angels are the Presidents of the Church saith Jerom. If any had rather hear the modern Writers let Bullinger speak The heavenly Epistle is destin'd to the Angell of the Church of Smyrna that is the Pastor Now Histories doe witnesse that Angel or Pastor of the Church of Smyrna Polycarpus was ordained Bishop of the Apostles namely by St John and lived in the Ministery of this Church 86. years What Bullinger relates of Polycarpus is confirmed by Irenaus Tertullian and other Antients who say We have the Churches nourished by John for though Marcion reject his Apocalyps yet the Order of Bishops recounted to its Originall will stand upon John the Author Let Marorat also speak John began with the Church of Ephesus for the celebrity of the place nor doth he addresse himself unto the people but the Prince of the Clergy that is the Bishop Haply Beza's Authority or Rainolds will be more accepted See therefore what favour the Truth found with them Beza To the Angel that is to the President who was in the first place to be admonisht of these things and by Him his other Colleagues and all the Church Rainold In the Church of Ephesus although there were many Presbyters and Pastors for the administration thereof yet One was over those many whom our Saviour calls the Angel of the Church and writes the things to him which others from him might learn Certainly if it be well said by Dio Prusoeus that Kings are the Genii of their Kingdomes and in Holy Scripture Kings are stiled by the name of Angels who sees not that this name is also by an excellent right agreeable to the Prince of Presbyters Christ therefore writing to those Bishops as men Eminent in the Cergy without all question hath approved this eminence of Episcopacy To let passe the Annotations after the second Epistle to Timothy and that to Titus which are found in the most antient Greek Copies Concerning Timothy hear the writer supposed Ambrose whose words are these Timothy created Presbyter by himself the Apostle called Bishop because the prime Presbyters were so entitled of whom One receding the next succeeded but because the following Presbyters began to be found unworthy to hold
this only but to give sentence together with the Bishops concerning the deposition of a Bishop and other matters as we see it happen'd in the case of Photinus and Dioscorus And why is not that lawfull in Presbyteries which was lawfull in Synods especially when as no lesse regard is to be had of Presbyteries in narrower territories than of Synods in that amplitude of the Roman Empire But further by the Emperours were given unto the Churches at their request Defendors which were Laiks whose Office was to keep off all force and tumult from the Church and Pastors and to take care that nothing should be done in the Church by violence or corruption These are they who in the later ages begin to be called the Churches Advocates So by the Metroplitans were wont to be given unto the Churches Phrontistae or Sollicitors who with the Bishop should keep accounts of the Churches treasure On the Churches 01 part we must repeat what was said afore that the whole multitude was not alwaies consulted but sometimes the Elders only Now if it was lawfull to carry the consultation from the multitude to the Elders why might it not the company of Elders being over great be contracted to a fewer number especially with consent of the multitude Moreover in choosing Pastors it appears that which was belonging to the multitude was often by compromise collated on a few And that in Synods Laiks were present and gave their vote is so manifest both by the History of the Great Councill and elsewhere that Pope Nicolas could not deny it In this point the judgements not of Melanchthon only and the later Authors but of Panormitan and Gerson are well known Why in Presbyteries may not be allowed as much to Laiks chosen for that purpose no reason can be found But farther yet It is apparent in the antient Church there were Matrons to exhort the other women to an honest conversation whom they called Presbyters and because in the Churches they sate above the other women Presidents The XI Canon of the Laodicean Synod abrogated them when they had continued untill that time as Balsamon notes And haply Paul speaks of them where he requires the Presbytesses or aged women to be holy in behaviour not false accusers not given to much wine teachers of good things That they may teach the young women to be sober to love their husbands to love their children c. If women therefore partakers of no Church-Office might neverthelesse be appointed by the Church to be teachers of other women why might not others beside the Pastors be assumed by the people who abstaining from Pastorall Offices should with greater dilligence performe that that is not only permitted but commanded every Christian And if those were entitled Presbytesses we may also in a more generall respect give unto these the appellation of Presbyters Moreover not much distant from the Office of Adsessors is the Office of Church Wardens and Sidemen in the Church of England Upon whom it resteth to take care that none disturbe the Divine service that no excommunicate person thrust himself into the Assembly They are also to admonish inordinate livers and if they persevere to defer their names unto the Bishop And these are chosen by the Church Fourthly our last position is that from these assessors no small benefit may accrew unto the Church For if we respect the Highest Powers it is expedient for them to have in the Assemblies of Pastors their eyes and ears by whose Ministry they may explore whether all things be done with fidelity and according to rule But if we look upon the Churches it is a thing of consequence that they also have a good opinion of the Pastors which will then most probably come to passe when they have witnesses of their actions and some to beget and keep a right understanding between the Pastors and themselves Upon the premises it follows that in the Office of Adsessors who in some places are in use whom for distinction we may call temporary or Lay-Presbyters there is nothing to be reprehended But we conceive these cautions are to be remembred 1. That the Office be not affirmed of Divine precept which cannot be said without contumely of the antient Church and divulsion of the present 2. That nothing be attributed to them which pertains to the Evangelicall Keys which Christ having given to be exercis'd by Pastors only may not be by us transferr'd to any other To excommunication therefore as it is the Pastors work they can conferre nothing beside their Counsel but as excommunication is also the work of the people who ought to remove from them wicked persons so far they may make an Act or Decree which may be propos'd to the people for their approbation 3. Let none be eleâ—ted to this adsession who are unable for Church-Government and especially for judging controversies For that is perillous and undecent for the Church and the most ready way to Oligarchy 4. Let not those Adsessors exercise any externall Jurisdiction or Coactive Power beyond what the publick Laws allow them 5. Let them know their Office not only as the Pastors Office which is instituted by Christ but as the things that are of humane Institution and therefore mutable is subject to the Authority of the Highest Powers The two last cautions being not known or not well observed great perturbations of the Common-wealth doe necessarily follow aâ—wise men have heretofore admonished and we have daily experience For many men having once imbibed this opinion that that Government is of Right Divine come at last to this to believe the Highest Powers have little or nothing to doe in the Church as being by God abundantly provided both with Pastors and with Rulers too Thus is an Invention of humane prudence confronted to the Ordinance of God and in this two headed Empire is sowen perpetuall seed of parties and factions whereunto they cease not to turne their eyes whosoever either in State or Church seek after Innovations They that remember what hath been done thirty years since in this our Country know the truth of what I say And this consideration principally mov'd me not to leave this question untoucht 'T is worthy the Relation that in Geneva which City brought forth if not first this Synedry it self at least the prime Defenders of it the entire right of electing those Elders is in the City Senate which is call'd the Little the Counsell of the Pastors being only heard Nor are they only elected by the Senators but from among Senators alone that is two out of the same little Senate and ten both out of the Senate of the sixty and out of the other Senate of two hundred The election made after this manner is submitted to the examination of the two hundred and the Elders elected although they have no Jurisdiction yet they give oath to the Republick He must needs be very ill-sighted who perceives not what
published by Justinian about the year DXLI at what time the Roman Bishops were at the Emperors devotion and created by them There is also another Constitution of the same Emperour set forth as is thought in the year DLV. and inscribed to the Bishop of C P. Which permits the Founders of Churches or of maintenance to appoint Clericks if yet they be found worthy by the Bishops examination And in the year DLIII a Canon was made is the Councill of Tolen to the same effect About the yeare DCCCXXVII were collected the Constitutions of Charls the Great wherein we find If Laic Patrons present unto the Bishops Cleriks approved both for their life and learning to be consecrated and constituted in their Churches by no means let them be rejected Not only Pastors of inferior degree but Bishops also were constituted by the Dukes of Bavaria and Saxonia by a Right long since derived from the German Emperours as hath been observ'd by others When as without such Grant the Investiture of Bishops as Hermoldus of old hath written is proper to the Imperiall Majestie Wherefore this Right was extracted from the Constitution and Concession of Emperors and Kings and is an Of-spring flowing from the Right of the Highest Power And it is so far from depending on the Popes Authority that on the contrary the makers and Interpreters of the Papall Law have opposed or clipped nothing more eagerly desiring to perswade the world that all benefices are the Patrimony of the Pope Panormitan is chief among them whom I had much rather have for my adversary in such a matter than my Second For I know most of his Comments in this kind are refuted by Covarruvia and Duarenus and other Lawyers and wisemen have herein alwaies differ'd from the Clergy of those times even unto our age See but what the the Holland Senate hath noted in the Trent-acts as contrary to the old Law of our Nation To the IV. Sect. c. 12. In this Chapter the Lay Patrons seem to be grieved To the xxv Sect. c. 4. We must beware lest by uniting Parish Churches and single Benifices prejudice be done to the Lay Patrons and in other places more to the like effect This was then the judgement of the Senate the Keeper of the old Customs of our Country which may more justly be defended by us than what our Ancestors in their unhappy time esteem'd intollerable But what if the Roman Bishops themselves what if Panormitan himself durst not require of Lay Patrons what is now required by vertue of their Authority I will not dispute about the word whether the Collation of the Patron may be call'd Election and yet Clement III. calld it so These words are cited In a Conventuall Church the assent of the Patron is better requir'd not to the election of the Prelate to be made but after it is made the following words which are very materiall being omitted unlesse the custome be otherwise by reason of his Jurisdiction For many ages before and in many places the custome was otherwise and namely in our Holland Witnesse againe the Senate Note that if the first Prebend to be void in Collegiat Churches be assigned to the Readers of Divinity the King and other Lay Patrons whose right it is in the Collegiat Churches of Holland in every Chapter should be deprived of the presentation of the Prebend first to be void In such a Collegiat or Conventuall Church the Pope hardly admitted a Lay Patron but the Emperors Kings and the Princes of our Holland as we now heard have admitted him even to the memory of our Fathers and therefore the Pope fearing he should not be obeyed added to his decree the exception of Custome which many as it now appears if they had a Papacy would not adde That our States abrogated the Right of Patronage neither is true nor can be said without their injury For they mention among the causes of the troubles the Acts of the Trent Synod and shew that nothing did more hinder the publication of them than that the Lay-Patrons complained their Right was infringed by those Constitutions What opinion the States themselves had of the businesse we have heard their own words This is a certain truth that both the election made by the Patrons may upon just causes be rescinded by the Highest Power and all this Right no lesse than other things which are the properties of private men is Subject to the Commands of Law To which restraint if we adde both the exploration of the people and the Pastorall Ordination the corruption of the Church need no more be feared from Noble Patrons than from Rustic Elders Two things remaine to be spoken before I conclude this part concerning derived Right The one is this that the Inferiour powers have by Divine Right us Authority at all about Sacred things What ere they have they have it as by the Supreme which we have elswhere noted Wherefore neither Joseph the Decurion nor the Proconsull Sergius could doe more in the Church than any private person Because neither the former from the great Synedry nor the later from the Roman Emperour had received any Power to dispose of Ecclesiasticall affairs And no man ought to snatch to himself the sword or any part thereof The other is this Being the tuition of the Church is a principall part of the Supreme Authority the Highest Powers will doe wisely if they grant as little as may be of it to the Magistrats And whatsoever they grant let them take care at least to commend these most noble Offices only to their most noble Peers For if the charge of Checker mony and Coine is committed not to the Municipall Judges but to men of higher place how much more doth it concerne the publick safety and the Churches honour that Ecclesiasticall affairs be not devolved to inferior tribunals So in France no Judges below the Parliament have cognizance of abuses of the Ecclesiastic censure nor with us of old below the Senate of Holland But the Inspection of the Church affairs is not easily to be deferr'd to them who are not in the Churches books For seeing both Jews and Christians held it irreligious to carry their private complaints before such as were Aliens to their Law much more unworthy were it and dishonourable in so great frequency of Right believers that the wounds of the Church should be committed to the cure of any other persons but only to the Sons of the Church THE END Soli Deo Gloria Erudito Lectori EX Latinis bonis Anglica non mala me fecisse si censueris est quod gaudeam Fateor autem ne mibi fraudi sit nonnulla hic omissa ea nimirum quae â—ut ipsa Res aut Lector meus faciliùs abesse pateretur Nempe istam navavi operam in eorum praecipuè gratiam qui Latina non attingunt Ingens operae pretium est ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉
〈◊〉 quorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ferre oportet meminerint officâ—i esse sui ne quid Resp Ecclesiastica detrimenti capiat videre Clero dignitatem conciliare Et populum antiqua sub Religione tueri Da veniam erudite Lector Vale. Scripsi Decem. 17. 1650. The Method of every Chapter CHAPTER I. 1. THE State of the question 2. An argument from the Unity of the matter proved by Scripture 3. And by Naturall Reason 4. An argument from the Univer sality of the end proved by Scripture 5. And by Philosophy 6. The Right vindicated by direct Authority of Scripture 7. By the consent of the Antient Christians 8. And of the Reformed 9. And of the Heathens 10. With respect unto eternall happinesse 11. And unto temporall prosperity 12. Which follows true Religion by verâ—he of Divine providence 13. And by its own nature 14. More Reasons added CHAP. II. 1. ALL Functions are under command 2. Some by emanation 3. The Supreme Authority and the Sacred Function united in the same person by the Law of nature 4. It was so before Moses and after among the nations 5. The Supreme Authority and Sacred Function separated by the Law of Moses 6. And by the Christian Law 7. Sacred names and Privileges given to the Highest Powers CHAP. III. 1. INternall actions not subject to the Highest Power but in relation to externall 2. Actions either determined or not determined before any Hâ—mane Command 3. Actions determined by Law Divine either naturall or positive 4. Actions undetermined are the matter of Humane Law and also determined both because of their adjuncts and of a new Obligation 5. Actions not under Humane Command are only those that are repugnant to Divine Law 6. Commands repugnant to Divine Law bind to a non-residence And wherefore 7. Subordinate powers not exempt from that Obligation 8. Examples alleged to the contrary answered 9. Difference ' twixt Internall actions and Externall 10. What God commands cannot be forbidden by man with validity 11. How Religion is not subject to humane power 12. How it is subject 13. The Highest Power may determine any actions not afore determined by God 14. Resistance under colour of Religion unlawfull proved by Scripture and Examples and Objections answer'd 15. Not so many particulars in Sacred things as in Secular under humane power with the reason of it CHAP. IV. 1. OBjections answered And first that Christ instituted the Pastorall Office 2. That the Magistrate is not of the essence of the Church answer'd 3. An Objection out of Esay answer'd Whether Kings are under the Believers or Church 4. That Kings are under the Pastors function answer'd 5. The Objection taken from the Kingdome of Christ answer'd What that Kingdome is and whether he hath Vicars 6. Pastorall Government overthrows not the Authority of the Highest powers 7. Distinctions of Government Directive and Constitutive By Consent and by Command Supreme and Inferiour By Emanation and by Subjection 8. Pastors have no Coactive or temporall power proved by Scriptures and Fathers 9. Their Government suasory and Declarative 10. The Church hath no power of Command by Divine Right 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 13. The Authority of the Highest powers not overthrown by the directive and Declarative Regiment of Pastors 14. Nor by the Constitutive 15. Nor by any temporall given them by positive Law CHAP. V. 1. THe word Judgement explained 2. It pertains to the Highest power 3. Notwithstanding that they may erre 4. And notwithstanding that Christ is the Supreme Judge 5. How the Scripture is Judge 6. How the Pastors and the Church is Judge 7. Understanding is required to Judge 8. The Highest powers capable of sufficient understanding 9. Divine things are easy to be understood 10. Help from God by prayer 11. Piety also requisite in the Highest powers to enable them to judge 12. A distinction 'twixt the Rectitude and the Validity of an action applyed 13. Infidel Princes may judge of Sacred things Examples hereof 14. And the Reason of it 15. Catechumens not excluded from judgement 16. Right to judge is one thing Ability another Illustrated by Similies 17. The judgment of the Proâ—hets I Cor. 14. 31. not privative of the Highest powers 18. The Kings of the old Testament judged not as Prophets only but as Kings CHAP. VI. 1. THe Right of command and the Use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Powers 3. Principles of faith Intrinsecall Extrinsecall These Divine and Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is fit to rest in Humane Authority 7. No man may pin his faith of salvation upon another proved by Scripture and Reason 8. In matters not determined in Scripture more may be given to humane judgement 9. The Prince must use his own judgment Especially where Counsellours doe not agree 10. An Objection out of Deut. answer'd 11. Another out of Numbers 27. 12. Care must be had of the Churches Peace and Unity 13. Cautions and rules conducing to Unity Few divisions in points of Faith 14. And those in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How to preserve Unity in point of Ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall rules have their exceptions and whence 19. The distinction of power Absolute and Ordinary erroneous 20. Highest Powers how far obliged to their own Laws CHAP. VII 1. WHat we meane by Synods 2. No precept in Scripture for them 3. Their Original not from Acts 15. 4. But from the Law of nature which is distinguisht into Absolute and After a sort 5. Synods not from the Law naturall absolute 6. Synods under the Pagan Emperours by what right 7. Synods called by Christian Emperours 8. Three questions about Synods 9. Whether the Highest Power may govern without a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsel Consent Jurisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in Synod 14. Synods sometimes hurtfull 15. What may serve in their stead 16. Other causes to deny Synods beside the generall corruption of Religion 17. What is to be done till a free Council may be called 18. Synods not calla without the H. power 19. II Whether the H. power may choose the Synod-men and judge in Synod 20. The right of the Primitive Church And the assembling of Bishops 21. The Emperours encyclic letters to the Metropolitan 22. The H. power may elect Pastors for the Synod prov'd by reason and examples 23. When the election is permitted to others the H. power hath command over it 24. The H. power may judge in Synod 25. Whether it be expedient or no in person 26. The Highest powers present in
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 â—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
joyned 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall 9. Benefices not the Popes Patrimony 10. The Custome of Holland 11. All Patronages subject to the Highest Power 12. Inferior Powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox THE END An Advertisement to the Stationer SIR IF it be objected as a friend of mine conjectured it might that the work is any way opposite to the present Government speaking so much of Kings and Emperors The answer is That the Judicious Author distinguisheth between Kings absolute and such as are confind or bound up by Laws and cannot act without or against a Parliament See cap. 3. Sect. 8. So that This treatise doth not presume to dispute the States Authority 't is ill disputing with those that command Legions but presupposing that humbly shews them what they may and ought to doe on behalf of the Church And in the very first page you find all the Book is written of the Highest power whether King or Senate And these are the Authors words at the end of 15. Sect. Chap. 11. A Senate without a King is as it were a King This I thought sit to advertise to prevent jealousy Fare you well And remember 't is one of the best pieces of the excellent Grotius Courteous Reader These Books following are to be sold by Joshua Kirton at the Kings Arms in Pauls Church-yard Books of Divinitie and Sermons 1. THe Truth of Christian Religion proved by the Principles and Rules taught and received in the Light of the understanding in an exposition of the Articles of our faith commonly called the Apostles Creed written by a learned Author lately deceased in Folio 1651. 2. A Concordance Axiomaticall containing a Survey of Theologicall Propositions with their Reasons and Uses in holy Scripture by William Knight in fol. 3. Certain Sermons or Homilies appointed to be read in Churches in the time of Queen Elizabeth and now reprinted in folio 4. Compunction or pricking of heart with the time means nature necessity and order of it and of Conversion with motives directions signes and means of cure of the wounded in heart with other consequent or concomitant duties especially self-deniall All of them gathered from Acts 2.37 being the summe of 80. Sermons With a Postscript concerning these times and the sutiableness of this text and Argument to the same and to the calling of the Jewes By R. Jenison Doctor of Divinity in quarto 5. A plain Discovery of the whole Revelation of St. John in two Treatises 1. Searching and proving the Interpretation 2. Applying the same paraphrastically and historically to the text with a Resolution of certain doubts and annexion of certain Oracles of Sibylla by John N pier Lord of Marchiston in quarto 6. The Government and order of the Church of Scotland with an Astertion of the said Government in the points of Ruling Elders and of the Authority of Presoyteries and Synods in quarto 7. A Treatise of Miscelany questions wherein many usefull questions and cases of Conscience are discusted and resolved concerning the Controversies of these times by George Gillespie of Scotland in quarto 8. An Answer to the ten Reasons of Edmund Campian the Jesuit in confidence whereof he â—ftired Disputation to the Ministers of the Church of England in the Controversie of Faith by William Whitaker Doctor of Divinity in quarto 9. Jo. Hen. Alsieduis his discourse of the 1000. Apocalypticall years or the Saints reign on earth a thousand years Englished by W. Burton in quarto 10. Letters concerning Religion between the late Earle of Manchester Lord Privy Seâ—l the Lord Faulkland and Mr. â—aâ—â—er Montaguc in quarto 11. Truth Asserted by the Doctrine and practice of the Apostles seconded by the â—estimony of Synods Fathers and Doctors from the Apostles to this day viz. that Episcopacy is Jure divino by Sir Frantis Wortley in quarto 12. An Answer to the chief Arguments for Anabaptisme by Doctor John Bastwick in quarto 13. Two learned Discourses 1. on Mathew 28.18 19. 2. on 2 Peter 2.13 written by a learned and worthy Gentleman larely decâ—ased in octavo 1651. 14. Popular Errors in generall points concerning the Intelligence of Religion having relation to their causes and reduced into divers Observations by John Dâ—spagne Minister of the French Church in octavo 15. New Observations upon the Creed with the use of the Lords Prayer maintained by John Despagne in octavo 16. The same in French 17. New Observations upon the Commandements by John Despagne 1651. 18. The same in French 19. The Abridgement of a Sermon preached on the Fast day for the good successe of the Treaty between the King and Parliament 1648. by John Despagne 20. The same in French 21. Sermon Funebre de Jean Despagne sur la mort de sa Femme in octavo 22. Advertissement touth out la fraction distribution du prin en la S. cene obmises en plusieurs Eglises Orthodoxes par Jean Despagne in octavo 23. A Monument of Mortality containing 1. A wakening for worldlings 2. Meditations of Consolation 3. Comfortable considerations preparing the sick for an happy change 4. A Mirrour of modesty with a reproof of the strange attired woman and the sacred use of Christian Funerals by M. Day Doctor of Divinity in octavo 24. Plain truths of Divinity collected out of the Sacred Scriptures particularly of the destruction of Antichrist and the time when the comming of Christ to Judgement and his raigning with his Saints for ever upon this earth after the restitution of all things by John Alcock in octavo 25. Herberts carefull Father and pious Child lively represented in teaching and learning a Catechisme made in 1200 Questions and Answers in which the Catholick truth is asserted and above 600 Errors Heresies and points of Popery are briefly consuted in octavo 26. Herberts belief and confession of faith made in 160. Articles in octavo 27. Herberts quadrupartite devotion for the day week month year made in about 700. Meditations and Prayers in octavo 28. Meditations on Christs prayer upon the Crosse Father forgive them for they know not what they doe by Sir John Hayward in octavo 1651. 29. Davids Tears or Meditations on the 6.32 and 130. Psalmes by Sir John Hayward in twelves 30. The Devotions of the dying man that desireth to dye well Written by Samuel Gardiner Doctor of Divinity in twelves 31. A Beautifull Bay-bush to shrowd us from the sharp showres of Sin containing many notable Prayers and Meditations in twelves 32. A Grain of Incense or Supplication for the peace of Jerusalem the Church and State written by John Reading in octavo 33. An Evening Sacrifice or prayer for a family necessary for these calamitous times made by John Reading in octavo 34. Character of true blessedness delivered in a Sermon at the Funerall of Mistris Alice
18. The Church hath no Power of command by Divine right 2 Cor. 10.4 Eph. 6.17 Phil. 3.20 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture Col. 2.16 Act. 20.7 1 Cor. 16.2 Apoc. 1.20 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 1 Mac. 4.59 13. The Authority of the H. Powers not overthrown by the directive declarative regiment of Pastors 14. Nor by the constitutive 14. Nor by any tâ—mporall power given them by Positive Law 1. The word Judgement explained 2. It pertains to the Highest Power 3. Notwithstanding that they may eâ—â—e 4. Notwithstanding that Christ is Supreme Judge 5. How the Scripiture is Judge Jo. 7.51.12.48 6. How the Pastors and the Church is Judge 7. Understanding is required unto Judgment Deut. 17.8 Jos 1.8 8. The Highest Powers capable of sufficient understanding 9. Divine things that are necessary are easy to bee known Rom. 12.3 10. Heln from God by Prayer Ps 72.1 Ps 51.8 1 Reg. 3. Num. 11.27.25 Dent. 34.9 Heb. 1. Mâ—â— 13.8 Rom. 10.8 â— Cor. 4.3 4 Num. 1.29 1 Tim. â— 4â— 11. Piety is also required in the Higher Powers to enable them to judge Deut. 17.19 Jos 1.7 8. 1 Tim. 1.6.7 12. A distinction 'twixt the rectâ—tude and the validity of an action applyed 13. Insidel Princes may judge of Sacred things Examples hereof Act. 14. 14. And the reason of it De bone persev cap. 14. Jo. 5.30 Act. 17.11 15. Catechumens not excluded from Judgement 16. Right to judge is one thing Ability another And this illustrated by Siâ—ilâ—cs 1 Cor. 14.31 17. The Judgment of the Prophets not privative of the Highest Powers Deut. 18.22 1 Jo. 4.1 1 Thes 5.19 20 21. 1 Cor. 14.29 1 Cor. 12.9 1 Cor. 11. Epist 33. 18. The Kings of the old Testament judged not as Prophets only but as Kings Luke 10.24 1. The Right the use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Power 3. Principles of Faith Intrinsecall Extrinsecall Divine Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is sit to â—rest in humane Authority 2 Cor. Hom. 13. 7. No man may pin his faith of salvation upon another proved by Scripture and reason Rom. 4.3.10.17 Jo. 4.28 Mat. 15.9 1 Thes 2.13 8. In matters not determined by Scripture more may be given to Human Judgement 9. The Prince must use his own judgement especially where Counsel louis doe not agrec 10. An objection out of Deut. answered Deut. 17.8 Mâ— 23.2 Deut. 17.12 11. Another out of Numb 27. Tit. 2.11 12. Care must be had of the Churches Peace and Unity Jo. 13 35. Act. 4.32 13. Cautiions and Râ—les conducing to Unity Fâ—w Decisions in points of Faith 14. And those in in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How top eserve unity in point of ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall Rules have their exceptions and whence 19. The Distinction of power absolute and ordinary erroneous L. 3.d de Leg. 20. Highest powers how far obliged to their own Laws Nov. 105. 1 Cor. 6.12.23 L. â—non omne d. de reg jur Pro Rabir. 1. What we mean by Synods 2. No Precept in Scripture for Synods 3. Their Original not from Act. 15. Act. 15.3 4. But from the Law of Nature with a distinction of the Law of Nature Absolute After a sort 5. Synods not from the Law of Nature absolute 6. Synods under the Pagan Emperours by what right Act. 24.14 6. Synods called by Christian Emperours 8. Three Questions about Synods 9.1 Whether the H Power may govern withour a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsell Consent Jarisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in a Synod 14. Synods somtimes hurtsull 1 Cor. 3.13 Phil. 3.15 15. What may serve in their stead 16. O. her causes to deny Synods beside the generall corruption of Religion Epist 24. In 4. prac loc 5. 17. What is to be done till 2 free Councill may be called 18 Synods not cald without the Highest Power 19. Whetther the Highest power may choose the Synod-men 20. The Right of the Primitive Church And the Assembling of Bishops Acts 15.2.12 21. The Emperours encyclic letters to the Metropolitans 22. The Highest Power may elect Pastors for the Synod Proved by reason and examples 1 King 22. 23. When the election is permitted to others the Highest Power commands â—â—â—veri 24. The H. Power may judge in Synod 25. Whetheir it be expedient or no in person 26. The Highest Powers present in Synods by their Deputies 27. III. What is the Highest Powers right after Synod The Epicrisis wherein is contain'd right to change to adde to take away 28. An objection answered D. quando appell 28. The manner of giving the Epicrisis or finall judgement And of Appeal Dio. 29. The Epicrisis in parts of Religion as well as in the whole 1. The severall acts of Authority are Legislation Jurisdiction and another without speciall name Mat. 8.9 2. Wherein is Legislation 3. It belongs to the Highest Power about the whole Body of Publick Religion 4. Answer to the Objection of the change of Religion Pro. 25.1 5. Religion must not be brought in by the force of subjects Deut. 7.5 6. False Schismaticall worship by the Highest Power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppeslion of unprofitable questions Soâ—â—m 1.7 c. 12 〈◊〉 cleric D. de sum â—â—init And of words not found in So pure Nâ—â—â—on De side 10. The Regulating of Church mens conversation Novel b.c. 11. In Greg. 4. 11. Lawes about things undetermined by Divine Law And that beside the Canons 12. Yet the Canons are of use in the making of Lawes 13. No Legislative Power belongs to the Church by Divine Right 14. Yâ—t it may be granted by the Law Positive cumulatively nâ—tâ—rivatively and not without subordination and dependence Come Tolet. 6. can c. 15. How Kings have confessed themselves bound by Canons 16. The Canons dispensed with by Emperours 1. Examples hereof even in the Apostolicall 1 Tim. 3.6 1 Tim. 5.9 17. Divine Lawes also moderatâ—d by equity Let â—â— 7.10 22. 1. Jutisdiction about Sacred things belongs to the Highest Power 2. The effects of it are declared Ep. 3. v. 10 3. Jurisdiction properly so called belongs not naturally to the Pastors 4. Yet by Law Positive it belongd to them in some Nations Cic. l. 4. ad Attic. Deâ—â— 17.8 L. 3. devit Mos 5. Pastoral acts of Divine Right which seeme to come neer to Jurisdiction and yet are distinct from it 6. The Apostolicall rod. 1 Cor 4.21 2 Cor. 13.10 10.6.13.2 Acts 4.13 1 Tim. 1.20 1 Cor. 5. Acts 3.12 1 Cor. 5.2 Gal.
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 â—om it Separation Epist 68. Jo. 10. Rom. 16.17 Tiâ— 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 froÌ„ 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 â—pisc Clâ—ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall appâ—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 Presbyteâ—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 Polluâ— 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. Mutabâ—lity in the manâ—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 distinguâ—sh◠〈◊〉 â—ot necessary 3. Of Bishops and Lay-Elders 3 The word shopâ— plain Here â—â—ken so the Oâ—â—sver â—â—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 Lâ— 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 oâ— Ordination 16. For what reasons Bishops were laid by in some Churches De Minister â—vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall â—ime 18. All the antients by Presbyters understand only Pastors The ambiguâ—ty of the word Seniors and Elders 19. The Penitentiary Presbyâ—er De penitenâ— 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 dâ—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. Chaâ—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 cerâ—ain cauâ—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. Tâ—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
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
preme or of some other originall these later ordinary as that perpetuall and primitive Government of the Father over his family whence ariseth the authority of the. Pedagogue and Tutour extraordinary such as God gave by speciall Commission to some men under the old Testament The Powers derived from the Supreme either have received a right both to oblige and to act as the Praetorship or to oblige only as the Power of a Delegate Without a right to oblige there is no Power for this is as it were the naturall effect thereof Let us now apply all this unto Pastors and Churches The Apostles are forbid by Christ the Presbyters or Pastors by the Apostle to rule as Lords over Gods heritage the word is applyed to Kings Lu. 22.23 and that is not only forbid but to exercise authority which as distinct from the other is given to Great ones Mat. 20.25 Mar. 1.42 By the name of Great ones are understood such Princes as the Ethnarchs of the Jewes which were stiled Euergetae as we may see in Josephus whence that of Luke may receive some light They that exercise Authority over them are called Euergetae benefactors If therefore such right as the Highest Powers have and such as the Inferiour Powers have be denyed Pastors it followes that all Power is denyed them Christ himfelf respecting his state of a servant denies his kingdome to be of this world denyes which is lesser that he was made a judge And unto the same state he called his Apostles We have not saith Chrysostom such power given us that by authority of sentence we can restrain men from offences And saith Bernard I read that the Apostles stood to be judged I find not that they sate in judgement Pastors are call'd in Scripture by the name of Embassadours Messengers Preachers whose part it is to declare the Authority of another not to oblige men by their own Their Commission is to speak what they have heard to deliver what they have received and no more The Apostle himself concerning Virgins because he had no commandement from the Lord dares command nothing only he gives Counsell withall declaring â—would be no sin in her that should do otherwise and admonishing the Corinthians to help those of Jerusalem by some extraordinary largesse he addes not of neceßity the reason whereof went before I speak not by command The Government therefore which is given to Pastors when they are said to guide to rule to feed to be set over the Church ought to be referred to the declarative kind or to that which meerly consisteth in persuasion Where the Apostles or Pastors are read to have commanded it is to be interpreted by that figure by which they are said to remit and retain sins that is to declare them remitted or retained Nor is that to be taken otherwise when God saith he set Jeremy to destroy kingdomes that is to pronounce the destruction of them So also in those Letters of the Elders and Brethren to the Churches of Sytia and Cilicia these words to impose a burthen are to be expounded in like sort for there is no new burthen imposed upon the Christians then it would follow that fornication the avoyding whereof is a part of that burthen was lawfull before this decree but the duty of Christians is declar'd out of the divine Law which would have free actions directed to the furtherance of other mens salvations and all offences carefully avoided That the Church hath no Commanding Power by Divine right appears because the Sword is the instrument of that power by the Sword is meant coërcive force but the armes of the Church are not carnall neither hath She received any Sword from God but the spirituall that is the word of God Besides Her conversation is not in Farth but in heaven she lives on earth as a stranger not as free and strangers have no right to command Yet since the Church is a company not permitted only but instituted by Divine Law I speak of the Church visible it follows that all those things which do naturally agree to lawfull Companies doe agree to the Church also so farre as they are prov'd not taken away Among those things is the Constitutive Government which we called by consent Wee will bring two examples The law of the Sabbath being abrogated 't was at the Christians pleasure keeping a just proportion to set apart what part of time they would for the worship of God Now because that worship according to the precept of Christ requir'd a certain Congregation of godly men that part of time could not be determin'd but by corsent So the Apostles leading the way and the Church following was dedicated to holy Assemblies the first day of the week which also in memory of the Resurrection is called the Lords day Again the Apostles being themselves not at leasure to oversee the poor the Church by their persuasion Instituted the office of Deacons and made election of persons to persons to performe it In both places wee find somewhat defined and constituted by consent which without great fault none could gainsay For it was requisite that somewhat should be constituted and that could not be one or two dissenting unlesse either the minor part should give place to the major or the major to the minor This being unreasonable that was necessary This right of Constitution therefore to the Church is naturall But the Imperative Government we have shewed above not to follow from the nature of the Church and yet that hindereth not but that both the Highest and the Inferiour Authority may agree unto it The Highest if the faithfull unmixed with others and free from all subjection make up a Common-wealth of themselves This seemeth to have happened to the Jewes in the times of the Maccabees the Church had then the Highest Authority yet not properly as a faithfull people but as a free people An Inferiour Authority and liberty to use their own Law the same Jewes not only in their own Land but at Alemandria and else-where have often had with some kind of coactive Power sometimes of more sometimes of lesse extent as it pleased the Supreme Governours under whom they lived But as for the Ministers of holy things we have sufficiently shewed that no commanding Authority agrees to them by Divine right that is flowing from the Institution or nature of the Ministry it self as also 〈◊〉 the Highest Authority is incompatible â—ith snch a Ministry Neverthelesse that Inferiour Authority ought alwayes to be separated from the Pastorall office the antient Church never believed Whatsoever we have given to Pastors derogates nothing from the Authority of the Highest Powers over Sacred things for the Directive regiment consisting in the giving of counsell and declaring of the divine command is quite of another kind And 't is no marvell if the same person do govern and is
himself Hence also Austin said The Emperour is not subject to his own Laws for 't is in his power to make new and Justinian In all things before spoken the Emperour is excepted to whom God hath made the Laws themselves to be subject If then the Question be proposed whether it be lawfull for the Highest Power in common accidents to exceed the bounds of Law the Answer may be given in the words of Paul the Apostle It is lawfull but not expedient or in the words of Paul the Lawyer It is lawfull but 't is not for his honour It becomes your wisdome saith Cicero to consider not how much you may doe but what you ought to doe and every where in good Authors to that which is lawfull is opposed that which is a duty that which is expedient that which is honest that which is best to be done Lastly that which is said above hath place here also Though the action hath not full rectitude if Right be not wanting the Act is firme for suppose an unwise command suppose a disorderly command come from the Highest Power it must be fulfill'd if it may be without sin for the Apostles word is still of force We must needs be subject To him hath God allotted Supreme Authority to us is left the glory of Obedience CHAP. VII Of Synods THis place requires that we treat of Synods By Synods we mean Assemblies consisting of Church-Pastors alone or chiefly of them for the acting of somewhat by common consent for if Pastors be call'd together to hear commands that Assembly I suppose is not call'd a Synod The utility of these Synods being evident it is enquired what Original they have and what necessity I find no Precept in the Law Divine for having of a Synod and they are much deceiv'd that make Examples of equall force with Precepts Yet are Examples of great use that it may appear what hath been usuall and what in the like cases may be prudently imitated We have no Examples of these Synods out of the Old Testament for a Synedry is one thing and a Synod another In the New Testament we have a Law for Believers to meet for prayer and hearing the Word and breaking of bread The offended brother is bid to tell it to the Church that is to the Assembly of the faithfull and it is added Where two or three doe joyn in prayer and where two or three are met together in the name of Christ Christ will be present with them And Paul saith The spirits of the Prophets are subject to the Prophets speaking of one Church or Congregation Here is no Synod yet The Originall whereof is wont to be taken from that History Acts 15. but whether that Assembly be properly call'd a Synod as we now take the word may be made a Question There arose a Controversie between Paul and Barnabas and certain Jewes at Antioch concerning the force and efficacy of the Mosaicall Law Paul and Barnabas and some of Antioch are sent to know the judgement of the Pastors of all Asia or of Syria Cilicia and Judoea gathered into one place no certainly but of the Apostles and Elders at Jerusalem The company of the Apostles was a College not a Synod and the Presbytery or Eldership of one City was not a Synod neither Only one Church is consulted with or rather the Apostles only whose Answer is approved by the Elders and Brethren of Jerusalem Wherefore we derive the originall of Synods from the Law of Nature Man being a sociable creature his nature permits association especially with them to whom either any contemplation or action is common So Merchants for Traffick Physicians and Lawyers to examine the controversies in their Art hold their meetings by the Law of Nature But to avoid mistake we distinguish between that which is naturall absolutely and cannot be altered as to worship God to honour our Parents not to hurt the innocent and naturall after a sort that is permitted or allowed by Nature untill some Law of man interpose thus all things are by Nature common all persons free the next of kin is heir untill by humane Constitutions propriety and servitude be introduced and the Inheritance given away by Will In this second acception it is naturall to hold Synods for if it were so in the former sense Bishops would never have asked the Empeperours leave before they met and Jerom's argument to prove a Synod unlawfull were not good Shew me saith he what Emperour commanded the celebration of that Council The convention therefore of a Synod is in the number of those things which being permitted by the Law of Nature are wont to be commanded by humane Law or permitted or prohibited So in the Council of Agatha the Bishops summoned to the Synod are desir'd to come unlesse they be hindred by sicknesse or the royall Precept It may be objected that leave to gather a Synod was never asked of the Pagan Emperours But we say there was no need to ask leave when there were no Imperiall Edicts against it As for the antient Decrees of Senate against meetings religious meetings were excepted in them and particularly the Jewes as Philo relates it had leave of Augustus to assemble In whose privileges the Christians might justly claim a share believing all things that are written in the Law and the Prophets And Suetonius under the name of Jewes designes the Christians too Besides in the places where most of the Synods were held though subject to the Roman Empire they had the benefit of their own Lawes Wherefore if at any time the Churches enjoyed Peace which often happened under Pagan Emperours the Bishops had no hindrance but they might meet in Synods But in the heat of Persecution as the Christians could not intermit Church-meetings although forbidden by humane Lawes because they were commanded by Divine So the Bishops were carefull not to incurre the suspition and hatred of the Rulers by Synodicall Assemblies so long as the Church could subsist without them Cyprian shewes in severall places when under persecution there arose a great Question about receiving the lapsed into Communion and to the deciding of it there was need of Common-Counsell neverthelesse the Bishops deferred their meeting till the storme was past neither durst the Bishop of Rome Liberius without the consent of Constantius call a Synod The orthodox Bishop of Spain assembled not into the City of Agatha without the permission of King Alaric although an Arian What the Pagan Emperours had no regard of that the Christian Emperours justly assumed to their care and government well considering the corruption of anything to be so much the worse by how much better it is in the regular use After that Synods were not left in medio but as they gave hope of good or fear of evill so they were either commanded or forbidden Therefore Socrates the Historian saith The greatest Synods were holden
the Bible cannot be depriv'd of that which is granted to private men to search the Scriptures to try the spirits But here must be exceeding great Caution lest the Majesty of one bridle the Liberty of many 'T was said of old Casar when will you give your Vote if first of all I shall have one to comply with Yet will it be most profitable that the Supreme Governour not only honour the Assembly with his presence but also order and moderate the actions enquire into the grounds of every sentence and propose objections Which the Emperour Constantine did in the Nicene Synod and Charles the Great in that of Francford But when the Synod in things not determined by Divine Law gives Counsell to the Highest Power what is for the Churches benefit here also it is better to propose the incommodâ—es with the commodities than to deliver judgement openly according to that Rule What should be done debate with many what shall be done determine with a few The royall presence also when the Synod is held chiefly to testifie the Churches Consent is of good effect to curb the boldnesse of turbulent men but the Supreme Governour shall be more assured whether the consent be true and spontaneous if he give no suffrage but he content to reserve the Epicrisis or finall determination to himself And this hath place too in the Synod which by concession of Humane Law doth exercise some Jurisdiction the Supreme Governour may be present and give Sentence if he please but 't is more proper for him that he reserve himself entire for the Epicrisis or Judgement after We have spoken of the Highest Power when it self is present in the Councill but pious Emperours could not alwayes be so by reason of other affaires and then they sent others in their name with Commission either to judge together with the Bishops or only to preserve good order For in the Synod of Chalcedon it is clear enough that the Senators and Judges interposed often and gave their Sentence in defining the very Articles of faith but in that of Ephesus Candidian was not allowed by Theodosius to passe his judgment To the Councill of Tyrus Constantine sent only Dionysius a man of Consular degree to observe all that passed but he went beyond his Power as Ahanasius notes Hee had all the talk and the Bishops observed him in silence Now we come to that Judgement which belongs to the Highest Power after Synod the Greek Fathers call it Epicrisis This is so proper to the Highest Power that it must not be cast off or neglected by Him For if the Synod only give Counsell in things to be done by the Highest Power 't is certain His judgement to whom the Counsell's given ought to follow whether it be led by certain arguments as is necessary in the matter of Faith or in some sort by the Authority of other men For as above some Judgment of the doer must precede every act that it mâ—y be right but absolutely and in all things no man can square his judgement by that of another unlesse it be such a judgement as in infallible but the Judgement of a Synod is not such If some Doctrine be explain'd or some Law Divine 't is not only the Right but the Duty of the Highest Power to see wether the Synod walked according to the Rule of Holy Stripture as Constantine writes of himself to those that met in Tyrus For 't is his part to Govern What if some Synod such as many have been and many may be shall either through ignorance or by conspiracy or because the greater party overswayes the better agree upon some doctrine manifestly repugnant to the Catholic faith derived from the Scripturs Suppose the Arimin the Seleucian both which were greater than the Nicene or suppose the second Nicene Synod Shall the H. Power now command any thing to be done which the Law Divine and his conscience instructed by that Law forbid No man in his right mind will say so But if somewhat be conceived by the Synod which by Divine Law is not determined but partains unto Church-government since all Government whether introduc'd by Nature or by Positive Law is under that Power which among men is Highest it is the part of this Highest to see whether the things conceived will be usefull for the Church for to the last agent belongs also to give the last Judgement Therefore have Synods submitted both their Articles and Canons to Emperours and Kings but with different respect the Articles to be examined by Sacred Writ for the true doe not refuse examination the false even after Synod deserve rejection the Canons to be tryed according to the Rules of prudence and if profitable they received the force of Lawes Concerning the Canons are those words out of the Councils of France if there be any defect let it be supplyed by His prudence if any thing amiss let it be corrected by His judgement Wherefore not only the right of approving as some doe now but of examining taking away adding correcting did the antient Bishops ascribe unto the Highest Powers Nor indeed can any one with reason be said to approve any of those things which are not in his Power to disapprove He is properly said to consent who may also dissent according to that in Seneca If you would know whether I am willing allow me Power to be unwilling and Aristotle Where to doe is in our chayce there is also not to doe This is certain some Canons have been disallowed a great part of the Chapters which in the year 856 the Bishops set forth in Synods was rejected by Carolus Calâ—â—s as we read in his Capitular And Clarolus Magnus made some addition to the Decrees of the Synod holden at Theodons Wee adde saith he this of our aunt Lastly where a Synod hath passed judgement by a Power deriv'd from Humane Law here it is much lesse to be doubted but that His judgement is reserv'd to the Supreme Governour For all Jurisdiction as it flowes from him returns to him again Hither I refer that Judgement of the Ephesine Synod whereby Nestorius was cast out of his Patriarchship The Synod prayes the Emperour that what was done against Nestorius might be of force One may object that where the Supreme Governour was himself present in the Council there at last nothing remalned but to confirm the acts with his Authority But neither can this be granted For when the Supreme Governour judged among others he Judged not as Supreme for he might be Inferiour in the Suffrages Wherefore his finall Judgement must still remain safe unto him I mean his Imperative judgement and that in the freest manner The same is true of the Magistrates if they be present in any Court under their Authority But we must observe that the Supreme Governour exerciseth this Imperative Judgement sometimes wholly by himself sometimes partly by others partly by himself Which appears by
embrace Communion with John of Constantinople In France the antient usage was by seizing on their Lands and other wayes to compell the Bishops to the Administration of Sacraments And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service Much more then may the Highest Power challenge this right over such Actions as have their force not by Divine but Canon Law For under the pretext of Canons it sometimes happens that the Canons are violated and 't is possible the Canons themselves may be exorbitant from the Divine prescriptions If either be the Highest Power cannot deny the Plantifs to take knowledge of the case Now concerning those actions which flow from Humane Law and oblige men whether they will or no and draw after them coaction there is much lesse cause of doubt For all Jurisdiction as it flows from the Highest Power reflows unto the same But as it is a part of Jurisdiction noâ— only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Amaâ—â—iah and the other 02 Priests with him are constituted Judges by Jehoshaphat Neither can be shewed more evidently the Jurisdiction of the Supreme in this kind of causes than that all degrees of appealing depend upon his pleasure Otherwise why doe the Pastors of England appeale unto this or that Bishop all the Bishops unto the two Archbishops And there is the same subordination of the consistories Classicall and the Nationall Synods Nor is the last terme of appealing limited by any Law Naturall or Divine Wisely said the King of Britaine in his judgement every Christian King Prince and Common-wealth have it in their Power to prescribe unto their subjects that externall forme of Government in Church affairs which may suit best with the forme of Civill Government And truly of old it was so done by the Christian Emperours Otherwise whence came that so great Prerogative of the Constantinopolitan Church Whence had the Synod of Chalcedon power to abrogate the acts of the second at Ephesus Now as in Civill businesses the judgement is permitted by the Highest Power for the most part to the appointed Courts and at last upon Petition against the greatest of them the matter is referr'd to men most skilfull in the Law or more rarely the Highest Power it self advising with learned Counsell gives finall judgement but very seldome upon suspition of some Court cals forth the cause unto it self so also in these controversies about Sacred things it hath been most usuall by the ordinary Synods and upon appeal from their decree by a certaine Assembly called for the purpose to put an end unto them it hath been lesse usuall yet sometimes usefull for the Emperour himself to judge of the Religion and equity of the former Judges Thus in the case of the Donatists after a double judgement of Bishops Constantine did who although he approved not the appeale yet he refused not the tryall of it But this is somewhat more rare and yet not without right that if a Synod upon probable causes be declined the Highest Power cals the cause before it self and weighing the opinions of most eminent Divines pronounces what is most equitable The Synod of Antioch prohibits him that complains of injury received from a Synod to trouble the Emperour with the hearing of his Case so long as the matter may be rectified by a greater Synod Yet this takes not from the Emperour the Power to heare the cause if it be brought before him Moreover the modesty of the antient Bishops hath attributed Power to Kings not only to examine the right or wrong of Excommunication but to pardon also and abate the punishment thereof for so much as belongs to Positive Law Ivo Carnotensis a Bishop and a stout desender of the Churches right against Kings was not afraid to write unto his fellow-Bishops that he had received a certain person into Communion in contemplation of the Kings favour to him according to the Authority of a Law that saith whosoever the King receiveth into grace and admits unto his Table the Priests and Co gregation must not refuse The Kings of France and the Vindicators of the Regall Right the Judges of the Supreme Courts have often constituted and decreed that publike Magistrates by occasion of that Jurisdiction they exercise are not subject unto those Ecclesiasticall penalties So in the Decrees of Hungary of the year 1551. the Ecclesiasticks are forbidden to send out without the knowledge and permission of his Majestie any sentence of Excommunication against the Nobles of that Kingdome And in an antient Law of the English it is read that none of the Kings Ministers be Excommunicated unlesse the King be first acquainted with it Which I see the Princes of Holland have thought sit to imitate for the same was promulged by Charls the Fift by his edict in the year 1540. Neverthelesse such use of the Keys as is congruent to Divine Law and such injunction of penance as is consentancous to the Laws and Canons the Highest Powers are wont to approve And this is the Imperiall Anathema mentioned in sundry of Justinians Laws We conclude that Christian Powers at this time doe not innovate which will not unlesse upon causes approved by themselves suffer Excommunication being joyned with publick shame to proceed unto effect which by their command inhibit censures manifestly unjust for it is their Duty to save every one from injury and to keep the Church from Tyranny CHAP. X. Of the Election of Pastors REmains that part of Empire which as we have said consisteth in assigning Functions The perpetuall Functions in the Church are two of Presbyters and Deacons Presbyters with all the antients I call them that feed the Church by preaching of the Word by Sacraments by the Keyes which by Divine Law are individuall Deacons which in some sort serve the Presbyters as the Levites did the Priests of old To this order are referr'd the Readers who were in the Synagogues as the Gospel and Philo shew and were retained in the Church as appears by History by the Canons and by the writings of the Fathers In the Gospel he that keeps the Book is call'd the Minister which is even all one with Deacon and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree which were afterward called Subdeacons But the most laborious part of Deaconship is about the care of the poore Presbyters the antient Latin Church translated Seniors Deacons I think cannot otherwise be stil'd than Ministers although there be some who as their manner is in other things had rather carp at this than acknowledge it to be true I am deceiv'd if Plinius Secundus did not understand both Greek and Latin yet he relating the Institutes of Christians rendring word for word names them Shee-Ministers whom Paul entitles Sheedeacons and the Church afterward Deaconesses Now as the Levites could doe nothing but
things commanded by Divine Law and the things not commanded For although the right or manner of regiment somewhat differs thence wil follow no divulsion of the Churches as long as neither part ascribes to their own way the authority of Divine precept And this is the prihcipall cause why we have taken so much pains to shew That manner of Election which Kings and some pious Princes do at this time use is not by Divine Law forbidden Not that we propose their examples to be imitated by others for other kinds of Election may be either by themselves more profitable of at least to the disposition of the people and state of some churches more fit or else if for no other cause for the antient custome sake to be preferr'd but that we may not by a temerarious censure alienate from us the Kings and the Churches too by whom that manner is observ'd What we have done concerning Election the same we must doe about the offices Ecclesiasticall which some of the late Reformed Churches use and some use not That is Wee must declare nothing is either way defin'd concerning them by Precept of Divine Law whereby it will easily appear The diversity of government ought not to be any obstruction to fraternall unity Fully to understand the right of the Highest Powers this Discourse is very necessary for in things determined by Divine Precept a necessity of execution lyes upon the Highest Power in other things there is left some liberty of choise And as we have said afore The Ecclesiasticall Government for the most part is conformable to the Politicall which was also observed by the King of Great Britain a Prince of excellent wisedome Now the principall Controversie amongst the Protestants is about the Episcopall eminence and about their office who being not Pastors that is neither preach nor administer the Sacraments yet are Assessors or assistants unto Pastors and by some are stiled Presbyters or Elders Let us consider of both so farre as our designe permits for these questions are so largely handled by others that scarce any thing remains to be added Especially the most learned Beza having undertaken the defence of the Gonevian Discipline hath according to the fertilty and vigour of his wit copiously expressed what might be said both for those Assessors and against the Bishops And on the other side they that extoll the Anglican Church Saravia and the Bishop of Winchester have disputed very smartly as well for the Bishops as against those Assessors So that whoever would have perfect intelligence of these matters are to be remitted to their Books For our parts Our endeavour being to lessen not to widen the difference we will contract into a few determinations all that is either confessed on both sides or may be so clearly prov'd that it cannot be gainesaid by any but the contumacious In the first place for Bishops we take leave to use the word in that signification wherein the Synods Universall and Topicall and all the Fathers have alwaies us'd it In the Apostolicall times it is certaine though the Functions were distinct the names were not For the Function of the Apostles is call'd Presbytery and Episcopacy and Diaconary nor is any thing more usuall than for the genericall name by some particular right to adhere to one of the species as in adoption cognation and other words of the Law appears And so the name of Bishop when in the nature of the word it signifies any Inspector Overseer and Prepositus or as Jerom translates it supra-attendent for the Septuagint also have rendred the Hebrew word which is given to Magistrates by the name of Bishop and among the Athenians the forreigne Praetor among the Romans the municipall Aediles were called by this name and Cicero saith Himself was made Bishop of the Campanian coast this name by the Apostles and Apostolicall men according to the use of the Hellenists was given to any Pastors of the Church Neverthelesse by a certaine proper and peculiar right it might be assignd to them who as with the rest they were Overseers of all the Flock so above the rest were constituted Inspectors of the Pastors also Wherefore they abuse their own time and other mens who having undertaken to discusse the question take much pains to prove the name of Bishop common to all the Pastors when as the word is of a larger signification much They also doe but beat the aire who with great endeavour prove that unto all Pastors whatsoever certain things were common namely the right to Preach to exhibite the Sacraments and the like For the question is not of these things wherein they do agree but of that eminence whereby they are distinguished And that is yet somewhat more absurd that some to prove Bishops differ nothing from meere Presbyters bring in the Fathers for their witnesses That Bishops are all of equall merit as if you did say That all the Roman Senators were equall to the Consuls because the dignity of both the Consuls was equall But he is angry with himself or with his Reader who refutes such things Concerning Episcopacy then that is the eminence of one Pastor among the rest this is our first Assertion That it is repugnant to no Law Divine If any one be of a contrary opinion that is if any one condemne all the antient Church of folly or even of impiety without question it lyes upon him to prove it and for proofe I see nothing alleg'd but this Whosoever will be great among you let him be your Minister and whosoever of you will bee chief shall be the servant of all But certainly all eminence or Primacy of Pastors among Pastors is not here interdicted but all Pastors are admonisht that they may know that a Ministry is enjoyn'd them not an Empire given For the precedent words are They that rule over the Gentiles exercise Lordship over them and their Great ones exercise Authority upon them But so shall it not bee among you From this place we may much rather argue for Eminence and Primacy than against it For that which is in Matthem and Marke Whosoever will be great and the chief is in Luke He that is greatest among you He that is the President or leader Moreover Christ exhorts them by his own example The son of man came not to bee ministred unto but to minister Wherefore the precept of Ministring doth not hinder but one may be greater than they to whom he Ministreth Ye call me saith Christ Lord and Master and ye say well for so I am Therefore if I your Lord and Master have washed your feet ye ought also to wash one anothers feet And how could Christ disapprove the disparitie of Ecclesiasticall Offices when himself had appointed LXX Evangelists of a second order and lesser degree as Jerom speaketh in dignity inferiour to the Apostles as Calvin saith Much more clearly triumphing now in Heaven He hath given some Apostles and some
the Primacy that method was alter'd by a Councill providing that merit not seniority should Create a Bishop ordained by the judgement of many Priests to the end an unworthy person might not unadvisedly usurp the place and so become a scandall to many Hee saith the primacy of Timothy among the Presbyters is acknowledged by the Apostle Whereas some learned men would hence set up a certain circular praesidency herein they are opposed by all the antient Monuments that are extant nor doe the words of Ambrose help them for receding is all one with dying or departing And whereas the Courses of the Priests are brought hither to establish this Interpretation any one may see with half an eye how impertinent it is when those Courses make nothing toward presidency which was alwaies in the High-Priest and other Chief of their Classes But the alleged Writer his meaning is that Seniority in age or rather in Function was valued in the making of Bishops Wherein although none of the Antients be on his side yet if wee understand him of certain Churches what hee saith is not incredible For also the Archimandrits or chiese of Hermitages at the Commencement of Monachism were elected according to that Order To believe him of all Churches Jeroms testimony of the Alexandrian Custom will not permit The same Writer concerning Timothy Timothy now Created Bishop he institutes by epistle how he ought to govern the Church Concerning Titus Titus the Apostle Consecrated an Apostle and so admonisheth him to be sollicitous for the well ordering of the Church No other are the judgements concerning Titus Timothy of Epiphanius Eusebius Chrysostom Oecumenius Theodoret Theophilact Primasius as by producing their words hath been demonstrated by others Yea the Oecumenicall Synod of Chalcedon saith After S. Timothy untill now have been made xxvii Bishops all ordained in Ephefus For Antiquity did not believe what of late some with confidence aflirm that they who were Evangelists could not be created Bishops As long as they walked about the Provinces they did the office of Evangelists but when beholding in one place a plentifull harvest they thought fit to cherish it with their longer Presence doubtlesse being presidents to the Presbytery they performed all offices Episcopall Upon which reason Antiquity believed that the Apostles also were truly Bishops of certain Cities namely in those places where they made longer stay or to speak more properly where they sate by which word Luke hath very emphaticully expressed Paul's abode with the Corinthians Besides Timothy and Titus we read of others advanced by the Apostles into the Episcopall throne Concerning Evodius thus to the Antiochians writes Ignatius He first by the Apostles hands was promoted to our presidency What presidency that is is not left doubtfull by Ignatius who every where distinguisheth the Bishop from the Presbyters and preferrs him above them You must doe nothing without the Bishop but be subject to his Presbytery And in another place The reverend Presbytery being dear to God is so fitted to the Bishop as the strings to the Harp And again in another place What is the Bishop but the Prince and the Presbyters but his Counsellours This is that Ignatius who saw Christ in the flesh who lived with the Apostles who next after Evodius was Bishop in the Church of Antioch A question may be made when as their office who were over the Presbyters by a certain perpetuall dignity is so antient and approv'd by Christ himself by what name was that Honour entitled before the common name of Bishops began peculiarly to be ascrib'd unto this Presidence which as Jerom thinks began about the viii year of Nero. The antient Fathers are of opinion that those Princes of the Presbyters were stil'd Apostles And truly there remain in Cyprian and other Authours not a few obscure prints of this locution Yea Paul himself when he saith Hee was nothing lesse than the chiefe of the Apostles seems to intimate there were some other Apostles of lesser mark That the name of Angel was antiently given to him who afterward began to be called Bishop the Apocalyps evinceth For it appears the word was taken as of common use because those Letters are popularly written and the Mystery of the Starrs is explained by the appellation of Angels as being very obvious but the most simple and plain denomination seems to have been that of President for by this name Justin Martyr calls the Bishop in his second Apology Another question may be By what example Episcopall Eminence was brought into the Churches It is certain there were degrees of Priests among the Heathens that the Custom was not new to the Grecians and such as sprang from Greece we learn by the most antient discipline of the Druids One saith Coesar is President to the Druids who hath amongst them the chief Authority And how antient the Emmence of Mother Cities in matters of Religion is we learn out of Thucydides where he speaks of the Corcyreans a Colony of the Corinthians upon which passage the old Scholiast notes It was the Custome to receive High Priests from the Metropolis Strabo names one Priest of the Catti who was we make no doubt the highest and among the Burgundians the greatest Priest is mention'd by Marcellinus This custome God himself approved by the legall Constitution of the Judaical Republick when hee set up One with highest Authority over all the Priests Who although in some acts hee was a Type of Christ yet the whole Institution of this Pontificate is not to be referr'd to this end alone This eminence of one Priest served for Order also as well as the Regall Power which did also in its way adumbrate Christ Although then this example might suffice yet to me the Constitution of the Christian Church seemeth not so much expressed according to the pattern of the Temple at Jerusalem as of the Synagogues For the Synagogues were in many places without any Commanding Power as neither the Church of Christ hath any by it self Adde hereunto that wheresoever the Apostles came they found Synagogues well enough ordered even from the times if the Babylonian dispersion which if they would receive the Faith of Christ as to them the Gospel was Preached before others there was no cause why they should depart from that Government that the experience of many ages did commend nor was it any burden to the Gentiles in such a matter to accommodate themselves to the Jewish institutions Now in every Synagogue it is certaine there was one who by the Greekish Jews was call'd the Ruler of the Synagogue which name occurs frequently both in the Gospell and the Acts and every where the Prince of the Synagogue is designed by it Only one place is excepted where the word being taken in a larger sense in one Synagogue are named more Rulers that is both he who as the Hebrew Masters teach us was the Prince who answers to our Bishop
and then the Pastors which Office and name remains in the Christian Church and the Elemosynaries which are like unto our Deacons Wherefore in that one place the Pastors joyned to the chiefe of the Synagogue are call'd the Rulers So in the new Testament often the High Priest with those next unto him are called the chief Priests and in Jeremy the antients of the Priests These Rulers of the Synagogues had others over them which were called Primates in either Palestine one and others in other Provinces And thus much be spoken by the way to illustrate the originall of Bishops Our fifth Assertion is Episcopacy hath been the spring-head whence many commodities have flowed into the Church The History of all times proclaims it but I will againe use him for my witnesse who in all Antiquity was the least friend of Bishops that is Jerom In the whole world saith he it was decreed that for the taking away of Schisms and divisions one being elected from among the Presbyters should be set above the rest In another place The Churches safety consisteth in the dignity of the chiefest Priest that is the Bishop to whom if there be not given a Superiour power over all the rest there will be made so many Schisms in the Church as there be Priests Nor is it any thing else which Cyprian doth so frequently inculcate Whence have Schisms and Heresies arisen and doe still arise in the Church but while the Bishop which is one and the Governour of the Church by the proud presumption of some men is contemned And elsewhere Heresies have no other Rise and Schisms no other beginning but hence that obedience is not given to Gods Priest nor is one Priest and Judge for the time in the steed of Christ elected Not only single Assemblies by the presidence of one were guarded against Schisms but as the same Cyprian saith The Universall Church was coupled together by the chaine of Priests linked to one another and united For the whole Christian world was preserv'd in concord by commerce of those Letters which were call'd formate And so much for Episcopall eminence To proceed On behalf of the equality of Pastors we have these things to say not repugnant to those afore First The Episcopall eminence is not of Divine precept This is prov'd enough because the contrary is not prov'd For Christ is no where read to have commanded it Indeed he approv'd it in the Apocalyps but it follows not Because he did approve it Therefore he did command it Episcopacy is of Apostolicall institution because it appears in some Churches Bishops were ordained or approved by the Apostles but the Apostles never commanded that such Bishops should be in every Church By which distinction we separate Jeroms case from the case of Aerius Jerom saith The Bishops became greater than the Presbyters by custome rather than by the Lords dispose As also Austin Episcopacy is greater than Presbytery according to the titles of honour which the Church hath used When the Fathers speak of Custome they exclude not Apostolicall institution yea as Austin saith What is observ'd in the Universall Church nor is instituted by Councils but hath bin alwaies kept is most rightly believ'd to have been deliver'd by no lesse Authority than Apostolicall But as we have elsewhere said it is not presently of Divine precept whatsoever is instituted by the Apostles for many things are instituted with reservation of a Liberty to make a change That the people should with a clear voice say Amen at the end of prayers That the Preacher should be uncover'd was a Constitution in the Apostolicall Church Which in many places now we see is not observed Moreover the Apostles so appointed Bishops that they left certaine Churches without Bishops as Epiphanius acknowledges There was need of Presbyters and Deacons for by these two the Ecclesiasticall Offices may be compleat but where none was found worthy of the Episcopacy the place remain'd without a Bishop but where was need and they were worthy of the Episcopacy Bishops were ordained Those Churches therefore as Jerom speaks were govern'd by the common Counsell of the Presbyters This we shall adde in the second place It was not universally observ'd that one Bishop should be over every City Of the Apostles time we suppose it is already prov'd And afterward more Bishops than one were in the same City in imitation of the Jews who had as many chief Rulers as they had Synagogues but in one City often times were many Synagogues or as Philo cals them Proseuche places of prayer So at Jerusalem was one Synagogue of Libertines another of the Cyrenians a third of the Alexandrians And at Corinth about the same time were named two chief Rulers of Synagogues Crispus and Sosthenes Epiphanius declares it was instituted first at Alexandria that in the whole City should be but one Bishop At last in the VIII Nicene Canon we see it was defin'd That there should not be two Bishops in any City yet so that withall it appears the Canon was sometimes dispenc'd with For the Canon permits that Bishops returning from the Sect of the Cathari to the Catholick Church should retein Episcopall honour next to the Catholick Bishop So the Ephesin Synod after the Election of Theodorus grants that honour to Eustachius as appears by an Epistle to the Synod of Pamphilia and in the conference before Marcellinus the Catholicks offer the same unto the Donatists if they would returne unto Communion Every one of us receiving an associate of his honour may sit with greater eminence the peregrine Bishops sitting by as a Collenge Valerius also in the Church of Hippo assumed Austin to himselfe Which although Austin saith 't was done through ignorance of the Canons appears yet to have been a thing not unheard of afore much lesse believ'd repugnant to the Law Divine Moreover the Episcopall Chairs in many Cities were often void not for some months only but many years together all which time The Churches that I may againe speak with Jerom were govern'd by the Common Counsell of the Presbyters or as Ignatius saith The Presbyters fed the flock untill God should shew them one to governe them To the Roman Clergy we see Cyprian wrote many Letters and the Clergy answer'd him concerning all things pertaining to the State of the Church Furthermore all the antients doe confesse there is no act except Ordination so proper to the Bishop but it may be exercis'd by the Presbyter Chrysostome and Jerom are very clear in this point And although in the judgement of these Fathers the right of Ordination is denyed Presbyters which may be seen in the constitutions of many Synods partly Universall partly topicall yet why may not this be understood that the Presbyters could ordaine none in contempt of the Bishop That they did in some sort concurre to Ordinations with the Bishop seems to appeare by the IV. Synod of Carthage When
such labours not vulgar Paul saith he approved himself the Minister of God for explication whereof he addes painfulnesse hunger thirst watchings and all kinds of incommodities Christ in his Epistle to the Bishop of Ephesus having said I know thy works addeth as somewhat greater and thy labour Paul againe oft-times attributes to himself to labour and the same to certaine holy Women which renouncing the world went up and down for the service of the Gospell To these Presbyters then who care for nothing but the Gospel and for its sake expose themselves to all distresses reason it self will dictate somewhat more to be due than to the rest So also Paul to the Thessal ascribeth to rule and to labour unto the same persons We beseech you brethren to know them which labour among you and rule over you in the Lord and admonish you And to esteeme them very highly in love for their works sake All the error of the new Interpreters ariseth hence that they think in the word and Doctrine is to be pronounc'd emphatically when the Emphasis is in labour for explication whereof is added in the word and Doctrine Such another hallucination is theirs who in the words of Paul to the Cor. where he discourses of the Supper Let a man examine himself they urge the word himself when the Emphasis is not there but in the word examine nor is himself put distinctively but declaratively Moreover that clause in the word and Doctrine could not so well be joyned with the first part of the sentence as the second because it hath very fit coherence with labour not so with rule I will give you like forms of speech which no man will charge with unaptnesse Masters that bring up youth are profitable to the Common-wealth they especially that attend this one thing night and day to make their Scholars good proficients both in vertue and learning Physicians who cure the Body are to be had in great esteeme They above therest who with no lesse affection than pains doe their utmost endeavour to preserve or restore our health Compare the thread of Pauls discourse herewith you will see all to be even and square Other places that are wont to be alleged are more frigid and vanish of their own accord Rom. 12. Divers gifts and according to the measure of gifts divers actions are reckoned up but such as doe not yet make divers Functions As the same may be He that giveth and He that sheweth mercy So nothing hinders Him that exhorteth and Him that ruleth to be the same For out of the two places already produced it is manifest that to rule is attributed to Pastors as also to guide Heb. 13.7 Likewise to the Corinth not only divers Functions are enumerated but also many gifts which meet in the same Function As therefore miracles and gifts of healing doe not make divers Functions so neither doe Helps and Governments but all these are aids and ornaments of the Pastorall Office Thus far we have endeavoured to make it appeare that the Adsession we speak of is not by Divine precept The fruit of which determination is that we entertain no worse opinion of the antient Churches than is meet nor of the late reformed who make no use of those Adsessors Now on the other side what we conceive may be said for that Office shall fairly be produced First That Office might lawfully be instituted either by the Highest Power being Christian only the Church where the Highest Power either car'd not for the Church or granted leave to doe it For seeing it hath the Highest inspection over all the actions of Pastors as the Custos of both Tables nor can it execute all things by it self it was lawfull to delegate some who in its name might be among the Presbyters with that right which the Highest Power was pleased to communicate unto them Which by that that shall be handled in the next Chapter shall be made more manifest The Church also is not interdicted by Divine Law to institute Offices making for the conservation of order and for edification and it hath that liberty remaining untill it be circumscribed by some Law of the Highest Power These things need no proof for they shine by their own light and no Divine Law can be shewed to the contrary Secondly Some passages may be found in Holy Scriptures whereby it may appeare this institution is not displeasing unto God I prove it first in respect of the Highest Power by the constitution of the Judaical Synedry wherein with the Priests there sate men chosen out of the people preposed truly to Civill affairs but to Sacred too as hath bin shew'd afore Wherefoâ—â— when out of the new Testament on the contrary part nothing is alleged hence we doe rightly collect that Jurisdiction in Sacred things that is publick judgement and joyned with command may be committed to some of the people with the Pastors especially if the better part be deferred to the Pastors as in Sacred things greater was the Authority of Amariah the Priest then of Zebadiah the Ruler By the same argument is rightly defended the Ecclesiasticall Senate which by the Commission of the Elector Palatine rules the Church affairs with command and consisteth partly of Pastors partly of pious Magistrats In respect of the Church also the same is thus made good It was lawfull for the Corinthian Church even without the Apostles Authority for the Apostle reprehends the Corinthians for not doing that which now he chargeth them to doe to constitute in the Church some to determine private controversies If so much was lawfull to the Church for avoyding of contentions why might not as much be lawfull for avoyding of the mischief of Oligarchy Besides it is oft times expedient that the whole multitude of believers be consulted in the Church affairs as above we have shewed why may not then the Church adjoyn some unto the Pastors who may consider this at what time it is needfull that the Church be consulted It was also lawfull for the Church to make choice of some who might in their name carry and dispose of their mony wherefore seeing the Pastors have inspection over the Deacons the Church may for this purpose joyn some associats to the Pastors Lest any should blame them in their Administration of the Churches benevolence that I may speak with the Apostle Lastly it was lawfull for the Antiochian Church to delegate some out of their Company to be present at the Debate of the Apostles and Presbytery of Jerusalem by whose testimony they might be assured all was there done according to Gods word and without partiality Thirdly Examples in pious Antiquity are not wanting which if not wholy Consonant yet come very near unto this custome On the part of the Highest Powers it is most evident the Emperours appointed Senators and Judges to sit in Synods Inspectors and moderators of their actions Nor
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
just causes it be granted unto Kings to recede from the Canon yet to forsake the Canon with intention of promoting to Episcopacy the favourers of the Arrian party was not the part of a pious Emperour This way of electing is the more justly reprehended if Ordination also being omitted Bishops were obtruded upon the Churches which is very credible to have been done for it was not probable the Orthodox would ordain Arians or such as used Collusion with them Verily not any one of the Fathers hath hitherto been found who said there was any Divine Law to hinder the King from choosing the Pastor It appears the most holy Bishops above mentioned who condiscended to the Election made by Theodosius were of another mind And thus much be spoken of the Highest Powers embracing the true Religion As to the Kings that give no assent to the saving Faith pious Assemblies never made addresse unto them for election of their Pastors For how could they expect defence of the Church from the enemies of the Church And suppose the matter should succeed most happily yet would it be an indecorum that the Affaires of the Church should be judged before the unjust and not before the Saints Yea if Kings that are aliens from the Faith arrogate to themselves any such thing without question they bring upon themselves the greater Judgement Notwithstanding if Infidel Kings will not at all admit any Pastor or Bishop except Elected by themselves and in the mean time leave to the Church the Probation and to other Pastors the Imposition of hands I cannot think it convenient for Christians to refuse men otherwise fit for this only reason because they are commended by Infidels For the good God doth effect his good work even by evill men I am not a man of that confidence that I dare condemn so many Christian Churches in Thrace in Syria in Egypt which doe receive Patriarchs or lesser Bishops from the King of the Turks and that this patience of the Christians is no new thing is shewed by Barlaamus Cyracensis Clearly 't is better to entertain a worthy Pastor adorned with good report of the common People ordained by other Pastors from the hand of a Prince though an unbeliever then to suffer the wast of Churches Esdras we are sure did not decline the office of restoring Gods worship imposed on him by the Pagan King Artaxerxes But that we may return unto our own that is unto Christian Powers for that was aspersed on the by to give others occasion of better thoughts upon this businesse we must advertise the Reader that in all this Treatise we enquire what is lawfull not what is at every time expedient For whether we reflect upon antient or later times we shall see great variety in the manner of election nor only through ages and Provinces but through years and particular Cities So much uncertainty there is in that which the Law Divine hath left uncertain And truly where the question is not of the right but of the best manner of Election 't is marvellous how many things may probably be discoursed on every part Give me Cyprian and those of his time there will be no fear of popular election Give me the Nicene Fathers I would gladly ascribe the election unto Bishops Give me such Emperours as Theodosius Valentinian and Charles the Great there will be no danger in the election Regall or Imperiall But we are fallen into the lees of the Church and after we have with circumspection viewed all things we find nothing but some incommodity is annexed to it Therefore nothing at all can be here prescribed as perpetuall That which is indefinite must have an indefinite Rule Yet if I were in this respect to give my advise the manner of Justinian's times is not displeasing to me with this caution that a Pastor be not obtruded upon the people against their will and also saving the right of the Highest Powers to rescind and make void Elections if any errour be committed pernicious to the Church or Common-wealth Which right not only the French Kings but also the antient Roman Emperours very frequently have used as is most easie to be proved They do much erre who confound this will and pleasure of the H. Powers whereby the Election made is approv'd or disapporv'd with that consent where with the Magistrate of every City according to the Lawes or Canons concur to the Election in the next place to the Clergy and sometimes with the People For here is a wide difference The pleasure of the Highest Powers is over the Election the Magistrates consent is a part of the election That agrees to the Highest Powers as such this to the Magistrates by Positive Law nor properly as Magistrates but as an honoured part of the City Therefore the Election by the Magistrates stayes within the bounds of their City but Emperours and Kings exercise their right not only in Cities which they dwell in and whose Churches they frequent but if they see it needfull through all places of their Dominions Again the Magistrates may be overcome with suffrages the Highest Power cannot Certainly although the election be permitted to others that right of free approbation cannot safely be abdicated by Him that rules in Chiefe Also after Election made the right of removing a certain person from the Ministry of a certain place although it may be in others too ought alwayes to remain in the Highest Power So Solomon ejected Abiathâ—r from being the Priest of God So the Bishops of Rome were more then once deposed by the Imperial Power as Bellarmine himself confesseth The proof whereof is easie For if the Highest Power hath right to interdict any one the City or Province hee must needs have a right also to interdict him the Ministry of this City or Province For this is included in that and in whose Power the whole is in his power the part cannot choose but be Nor only may the Highest Power doe this by way of punishment but by way of caution too to wit if any Pastor be drawn by the People into matter of tumult which perhaps may come to passe without his fault For unlesse the Highest Power could doe this the Common-wealth were not sufficient to secure it selfe The last errour is of those that think it belongs unto the same Person to elect and to remove For the Highest Power may interdict not only publick acts but private too to which it electeth not the Persons namely in negotiation and conduction as above is said when we spake of Jurisdiction and is manifested by Examples For eight or more Roman Bishops it is certain have been depos'd by Emperours sometimes with a Synod sometimes without whereof a good part were elected by the Clergy and people of Rome CHAP. XI Concerning offices to the Church not alwayes necessary IT is of much concernment for the keeping of peace in the Churches vtâ— distinguish accurately between the
would affirme much lesse could prove that they were known of old Tertullian prescribing against Hereticks among other things declares how much their temerarious inconstant light Ordinations differ from the Rule of the antient Church This day saith he the man is a Presbyter who to morrow is a laick Nothing could be more clearly said to make it appeare that temporary Presbyters were in those times unkown to the Catholick Church It is not say some materiall to the nature of the Office whether it be undertaken for a time or for ever If this be so I may wonder that Pastors also employed in the word and Sacraments are not made Annuall somewhere But if this be absurd whence I pray but because as the gifts of God are without repentance so the Divine Offices were instituted by him for the perpetuall uses of the Church He that hath put his hand to the Plow and looketh back is not sit for the kingdome of God that is for the ministry of the Church Wherefore this very change of Assessors is no light argument that this is an invention of Humane prudence no institution of Law Divine Secondly All the antient Church by the name of Presbyters urder stood no other men but Pastors employed in the word and Sacraments I speak not of the word old men or Seniors and Elders whereby 't is certaine sometimes age sometimes Magistracy is meant but of the Greek word which in the Latine tongue doth alwaies signify the Pastorall dignity and Office and so it doâ—h also in the Greek Authours wheresoever the word Presbyter notes any thing else but age or Magistracy We are not yet come to that place of Paul which belongs rather to the question of Divine Right and of the Elders of the old Testament there will be place to speak hereafter Of so great a number of Fathers of so many volumes of books after so long canvasing of this controversie not so much as one place hath been alleged wherein the Presbyteriall dignity is ascribed to any other than Pastors When yet if there had been two sorts of Presbyters not often but a hundred yea a thousand times mention of them ought to have been made especially in the Canons which describe unto us the whole Government of the Church at least the manner of electing those Presbyters non-Pastors would somewhere shew it self And although the Defendant or he that is on the Negative is not to make proofe yet were it easy to produce infinite places of the Fathers which attribute to all Presbyters the right of feeding the flock of Baptising and exhibiting the Lords body and so far equall all the Presbyters to Bishops and call them the Apostles Successors which also declare the Presbyters punishment was to be remov'd from the Presbytery or for a time to be admitted only to the Communion of the Laicks which farther shew that maintenance was given to every one and a much severer Discipline prescrib'd for them than others Moreover Laws are extant too of the Presbyters Privileges and immunity from Civill Courts and burdens and many other things there are which will not suffer us to acknowledge any Presbyters but Pastors only Some allege a History of the penitentiary Presbyter and sharply reprehend the abrogation of him which yet at other times they like very well when the Popish Confession is opposed But who ever heard of any Penitentiary that was not a Pastor or when did the antients ever believe that the use of the Keys might be separated from the Ministry of the Word and Sacraments Certainly Christ gave the Keys to them to be used to whom he gave power to Preach and to Baptise What God hath joyn'd let no man put a sunder Ambrose of the right of binding and loosing saith This right is permitted only to the Priests and elsewhere Those Keys of the kingdome of Heaven all we Priests have receiv'd in the Blessed Apostle Peter Jerim of these that succeed in the Apostolicall degree They saith he having the Key judge before the day of judgement and in the same place It is no easy matter to stand in the place of Paul to keep the degree of Peter Chrysostome This bond of the Priests tyeth the very soule No man is ignorant that the Fathers by Sacerdotes or Priests doe meane Pastors to whom the Word and Sacraments are entrusted indeed beside the use of the new Testament but not without Authority of Scripture for in Esay God foretelling the calling of the Gentiles by the Gospell saith And I will also take of them the converted Gentiles for Priests and for Levits Wherefore the exercise of the Keys and the Right to absolve penitents according to the judgement of all the Fathers agree to Priests alone that is to Presbyters the Depositaries of the Word and Sacraments Wherefore also these Presbyters who specially attended to the absolving of Penitents are to be thought no other than Priests whom the new Testament stileth Pastors Now as the word Presbyter when it signifies a Function Ecclesiasticall is never found in the Fathers applyed to other than Pastors so neither is the Latine word Seniors Tertullian speaking of the use of the Keys judgement is given saith he with great Gravity as in the presence of God and it is a very great prejudgement of the future judgement if any one hath so affended as to be excluded from Common Prayer and the Assembly and all holy commerce The most approved Seniors are the Presidents having obtained the honour by testimony not by price for no Divine thing is set to sale That in those times Presbyteries consisted only of Pastors Calvin himself confesseth wherefore Tertullian putting the Greek word into Latine cals them Seniors who had the power of the Keys For in Greek they are call'd Presbyters which word in its primary signification expressing age was after transferred to Civill Dignities and last of all to Ecclesiasticall Let all the Acts of Synods that ever were bee read quite thorough there will be found no Seniors that were not Pastors Moreover the word major natu or Elder which seemeth proper to age began to be applyed to Pastors in imitation of the Greek word Firmilian Bishop of Cesarea The Majors are the Presidents in the Church who have also the power to Baptise and to impose hands and to ordaine He hath given sufficient caution to understand no other then the Pastors So then the words Presbyter Senior Major have a threefold signification noting First age Secondly Magistracy Thirdly Priesthood Nor only was the name of Seniors common to Magistrats and Pastors but the Assembly of Presbyters the Presbytery which Ignatius calls the Sacred System Jerom bath translated Senate The Church hath a Senate the Assembly of Presbyters that is of those Presbyters who at the beginning saith he were equall to the Bishops and by whose Counsell the Church was governed Tertullian by such another Metaphor stiles the Clergy an Ordo or State The Difference
saith he between the State and people was constituted by Authority of the Church Farther we must observe by the word Seniors Ecclesiasticall writers doc often understand not dignity but age It is certaine the Bishops of old seldome disposed any affairs of greater moment without consulting the Church Which course was alwaies profitable in the times of persecution or upon imminent feare of Schisme almost necessary For this cause to lay the murmuring which arose about the daily ministration the multitude of the Disciples were call'd together So after Paul was come to Jerusalem when there was a rumour of him that he taught the Jews to forsake Moses although all the Elders were present it is said the multitude must needs come together Cyprian saith I could returne you no answer alone because ever since I was made Bishop I resolved this word shews it was arbitrary to doe nothing on my own head without your Counsell the Clergy and consent of the people 'T is plaine as in the Ordination of the Clergy so in separating and in reconciling the lapsed the people were wont to be consulted with Not alwaies all the people among whom were Women and the younger sort but the Fathers of Families and not all these neither but the elder and of riper judgement who haply are the Many of whom Paul speaketh These were often consulted with in place of the people In the acts of purgation of Cecilian and Felix are mentioned the Bishops Presbyters Deacons Seniors and after Take unto you your Brethren of the Clergy and the Seniors of the people Some be Seniors then who are not Clerks and therefore Laiks For these are still distinguisht in the Fathers 'T is ill favouredly done of them that take this word amisse for it is no terme of disgrace but is necessarily used to distinguish the Clergy Seniours from the rest Neither have the Fathers only so spoken whose Authority yet at least ought to suffice for the retaining of certaine words but the Prophets themserves in whom the Priests and people are divided Rightly then are they called Laiks who are not Priests that is dispensers of Divine mysteries Austin writes To the Clergy and Seniors of the Church of Hippo and in Turonensis it is Before the Bishop Clergy and Seniors Yet I will not peremptorily deny but by Seniors in those places may be understood Magistrates who as we have even now said were stiled by that name So Leo inscribes an Epistle To the Clergy the honour'd and the common people And as in some places it may be doubted whether by the word Seniors the Magistrates or the Elder in age are meant so in other places question may be made whether by the same word the Elder in age or the Priests are signified As when Gregory appoints If any Clergy man be accused let the truth be inquir'd the Seniors of the Church being present And when Austin mentions them that for ebriety thefts and other errours are rebuked by the Seniors And when Optatus shews the Ornaments of the Church were commended to faithfull Seniors For all this may agree both to Clergymen and Laymen But most worthy of our consideration is that place of an uncertaine Authour commonly reputed Ambrose out of his Commentaries on Pauls Epistles The words are these Old age indeed is honourable among all Nations Whence it is that both the Synagogue and afterward the Church had Seniors without whose advice nothing passed in the Church How this is grown obsolete I know not unbesse perhaps by the dissentions of the Doctors or rather by their pride whilst they alone would seem to be some-body That we may know the writers mind we must see whom he cals Seniors in the Synagogue Whether the Magistrates who were called Seniors sure enough that the Synagogue may be a Bench of Judges as in Matthew They shall scourge you in their Synagogues I think not although many things as we shall shew anone which belonged to the Jewish Magistrates are wont by a certaine similitude to bee applyed to the Christian Presbyters Hear the same Author elsewhere declaring It was a Tradition of the Synagogue that the Seniors in dignity disputed sitting in their Chairs the next on Benches the last in the pavement upon mats I suspect the word in dignity stole out of the margin into the text For Philo describes the same custome thus They that come to be Priests take their places in order according to their age the younger beneath the elder Wherefore the Seniors in age sate first And questionlesse some such order of sitting was observed in the antient Church which James would not have neglected when he reprehends them that give the honour of the highet seats to rich men only the poof being thrust known below or enforced to stand It follows in Philo One of the most â—â—â—â—full passing over the difficult places of the Holy Bible makes an exposition of them 'T is to be noted in the Synagogues of the Jews to every one exercised in Holy Writ and all were so except mechanicks as also among us it was permitted to interpret Scripture By this common liberty Christ taught in the Synagoues and after him the Apostles Memorable are the places Luke iv and Acts xiii There the book is reached forth to Christ here Paul and Barnabas though unknown are asked to speak unto the people If they have any word of exhortation If no stranger or none of the people offer'd himself then the chosen men of the Seniors who were nam'd the Fathers of the Synagogues the Majors and by an excellency the Seniors interpreted the Law And these being not well provided it was the Rulers Office Some what correspondent to this we find in the first Christian Church For they that have the gift of prophecy are permitted by the Apostle to speak unto the people at the Assembly by two or three and the rest to judge That miraculous gift ceasing it was hardly lawfull for any one except the Pastors to teach among the Christians Indeed we read of Origen and a few more not Presbyters who taught in the Church but that was seldome and not without peculiar licence of the Bishops For the Bishop of Caesarea being reprehended for permitting Origen to teach alleged three examples of the like concession adding it was credible though not apparent the same was done in other places Here now we see some difference between the Interpreters of the Law in the Synagogue and the Interpreters of the Gospell in the Church In the Synagogue they taught as many as had any word of exhortations in the Church all what were approved and had obtained the honour of a Testimoniall as Tertullian speaks that is they that were ordained The Judges of the Highest Synedry were wont to be ordained by imposition of hands but of the expounders of the Law the same doth not appeare A reason of the foresaid difference is not only because the Preaching of