opposition to the Laws of an Ecclesiastical Uniformity in any State which is claimed by some both of the Priesthood and people Contrary to what Grotius and others of note have done in the stating of that Question But I have given the Reasons for the denial of it And no less then the whole conforming Clergie and others in publick imployment of the State at this day in England have subscribed to the very same matter And in the end of the stating of it I have more explicitly disputed the tendency of the derivation of Government from the people and of the Doctrine of Rising depending upon it to the good of Religion and Humane Society Which thing truly ought to have been done by Grotius and others who have stated that question although in a separate Notion from an Ecclesiastical Uniformity In the Second and Third Books I have treated of an Ecclesiastical Uniformity the necessary means mention'd for the accomplishing the Consistency of Religion with Government In the Second Book I have treated of it and the Rights belonging to it more Generally And in the Third Book of both of them more particularly And in both these Books I have taken In the several Cases Questions and Quere's belonging to the treating of both those sorts of things and in the stating both of those Cases and of other matters I have many times considered Humane Nature sometimes Tacitly and sometimes expresly and how it is to be dealt with And he that will not consider it in such things is never likely to govern the World Omnes De Natura Deor. lib. 1. naturâ duce vehimur sayes Cicero That we are all carried on powerfully by Nature And Bodin concerning the suiting the Government to the nature of the Country De Repub. lib. 5. cap. 1. in princip Haec porro Naturae consentana ratio spectanda in primis est ei qui Rempublicam fundare aut Civitatem optimè instituere volet That this agreeable respect of Nature is principally to be heeded by him who will found a Common-weal or set a City in order after the best manner And Nimium ipse durus est praeter aequumque bonum Mitio Senex apud Terent in Adelph Act. 1. Scen. 1. Et errat longè me a quidem sententia Qui imperium credat gravius esse aut stabilius Vi quod sit quam illud quod amicitia adjungitur Mea est sic Ratio sic animum induco meum He is too rigid and besides all Right and Reason And he err's much truly in my opinion Who believes that Government to be more firm and stable Which is framed by force them that which is cemented by love So is my sence of it and so I am apt to believe And the elegant Fabulist at the meeting of the two strangers at the Lake 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But how wilt thou make me thy friend who am nothing alike to thee in nature And Thucydides in the case of Publick Commotions and stirrs in a Common-weal When a Common-weal is disturb'd Lib. 3. the nature of men leaping over the Lawes doth willingly shew it self to do unjust things against them Being transported by the greatness of Anger more prevalent then Right and an enemy to the more excellent things So that he that will well govern men must do it by first Governing humane nature In my stating the more particular Consistency then of Religion with Government I have taken the best care I could That Religion should have it's due Neither do I believe That the particulars concerning either of them as they stand mutually in this their relative Condition can well be stated otherwise then here they are And one great Reason of mens mistakes and doubts and dissatisfactions of Judgement and Conscience concerning the Ecclesiastical Lawes of Princes and their submission to them in all Societies is their not considering of the relation in which Religion ought alwayes in the World to stand to the being and exercise of Government both in Church and State In my Defence of the Rights of Princes there are two sorts of Adversaries chiefly which I have met with to be oppos'd and those are the Church-men of Rome and those of the late Scotch and English Presbitery who have trodden in the same steps with them in this matter though under different Notions and I have not spoken any thing concerning either of these either invidiously or at mine own pleasure but onely from the Testimonials of their own Writings and Practises And the like I have done where I have met with any who have opposed the Rights either of the Priest or People In my going through the whole There are three things which have caused me to descend the deeper into the Mines of Labour And those are 1. The invention of matter it being in several places wholly new and almost every where not applied by any other to my present purpose 2. The digesting of that matter into it's due Method It being very various and the places of connecting and disposing it into its Right Order recurring also frequently and in a very various manner 3. And lastly the numerous Books which I have been forc'd to consult with for the furnishing out of the whole body of this Discourse into the World but in some tolerable manner and according to the deserts of the weight of the matter And those Books which I have accordingly made use of have been of those professions which concerne the most substantial matters of the Publick Affairs amongst men The first of those Faculties or Professions is Divinity And in it first of all I have attended to the Books of God the Divine Law of the Old and New Testament And in the Old for the Interpretation of the Lawes and Ordinances of Moses and what was the external practice of them in Israel the writings of the Hebrew Rabbines are ordinarily produc'd and especially those of Moses Maimonides Of whom the Jewes have a saying A Mose ad Mosen non fuit similis Mosi That from Moses their Master to Moses the Sonne of Maimony there hath not been the like to Moses the Sonne of Maimony And the Rabbinical Age began about the time of the destruction of Jerusalem and the dissolution of the Jewish Polity by Titus De Bello Jud. Lib. 7 cap. 24. In whose Triumph afterwards at Rome Josephus mentions only the Book of the Jews Law amongst whatsoever other Writings they had to have been preserved and carried along with him in it Out of the Books of the Old Testament and the Writings of the Rabbies there are also many late Christian Writers who have made Systematical Collections of the Frame of the Jewish Polity such as Schickardus the Hebrew Professor at Tubingen Bertram and others The most staple and authentick Writers in the Christian Church and next to the new Testament it self are of divers sorts De Jure Belli lib. 1.
also as to Tradition The Original Copy of the Mahometan Law is said to be kept in the Chief Mufti 's Custody It is accounted prophane so much as to touch it with common hands And Tradition is the thing rely'd upon for the delivery of it at first by God to Mahomet as is alleadged and for it's continued uncorruptedness in the precepts of it to this very day XVII In the fourth and last place So also in the Law of Christ And the Christian Religion asserted from it And that also with a special respect to an Ecclesiastical Uniformity let us come last of all to the consent of the Christian Religion to these things as was mentioned concerning Moses his Law and to the assertion of the truth of it also from them and that 1. For Prophesie viz. as attesting to it and that in a peculiar manner and in it it excell'd all other Religions and had greater evidence of Divine Testimony from it then they had The Law of Moses had chiefly Predictions or Prophesies in the Original and first delivery of them attesting to it And which Vid. Sect. 12. as such as I have mentioned were but a secondary Divine Testimony and not credible any further then as attested to by Miracles But the Christian Religion had all the Prophesies concerning the Incarnation of Christ and other * De Judaeis Christum rejicientibus vid. Mark 21.33 sit in sequent Et cap. 22. in princip Et Luk. 15.11 c. De extraneis eun Amplectentibus vid Mat. 8.2 Matth. 12.21 Matth 21 43 c. De obsidione ruina Jerusalem Templi vid. Matth. 23.38 Luc. 13.34 Et alibi sic caeteris Principal things fulfilled actually and in the event testifying to it So it excelled all the pretended Prophesies of the Heathens which were either dark and dubious and interpretable either way according as the event fell out such as their Responses of Oracles for the most part were or else they were concerning things near hand and which might be foretold either by Logical conclusions made by cunning men concerning the consequences of them or else by Prae-sentiments in Nature such as the Platonists and others who write of Prophetick Euthusiasme mention and from the influence of Natural Causes on it or else those Prophesies might be much more from the sapience and vast experience of evil Angels in humane affairs And so also it excell'd Mahomet's religion if he alleadg himself to be prophesied of either by Moses or Christ the Books neither of the Old nor New Testament that were any where extant at his appearing in the World did testifie any such thing If he say they had been corrupted neither was there any thing of it in the writings of either Jewes or Christians neither was there any fame of any such thing ever heard of amongst them Especially the Christian Religion having been of no elder date then about six hundred years before him and for the most part of that time also its professors having been under the dint of Persecution and so there being little likelihood that they either should have had opportunity of corrupting in so great a measure the Law of Christ concerning his coming in so little time or else should have been at leisure or in a disposition of mind to do it under such persecution And last of all what end can it possibly be supposed they should have had in the doing of it The like also is to be said of his own personal Prophesies of the day of Judgment and his second Coming c. after a thousand years and how much the Prophesies of the Christian Religion excelled them Mr. Herbert in his Travels into Persia pag. 159. Which Prophesies of his how well they have been fulfill'd the event shewes For lately the time being expired his second Coming was very seriously look'd for and the people seeing themselves gull'd began to stagger till the Mufti assured them that the figures were mistaken and that it was two thousand in the Original And the Grand Sophi of Persia till then kept his eldest Daughter a Virgin and a horse ready in his Stable for him which after that he dismissed So that thus have been either the pretended or real prophesies attesting to other Prescripts of Religion but not so those attesting to the Christian It hath been attested to by Prophetick Heathens as is evident from the writings of the Sybills De civitate Dei Lib. 18. c. 23. and others And as was shewed to St. Augustine by Flactianus from the writings of Sybilla Erythraea or as others Cumana in which was found that verse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Jesus Christ the Son of God the Saviour And so it hath been attested to also by the Prophets of Israel And all their Prophesies also have been fulfilled in the person of Christ in the event and that purely providentially and by such wayes as could not be suspected of Imposture So some were fulfilled in others in relation to his person Matth. 3.3 Joh. 13.18 Matth. 26.31.56 c. Acts 2.24 25 26 27. Mark 12.36 Eph. 4.8 Matth. 2.5 6. Matth. 2.15 Matth. 21.16 Matth. 27.9 10. Joh. 19.36 as the coming of John the Baptist Judas his betraying him his Disciples forsaking him in the night of his arraignment c. So some also were fulfilled in himself which 't was impossible for any man or Angel to bring to effect as his Resurrection and Ascension So some by others before he was of any Age or capable of dissembling them as his being born at Bethlehem of Judea his coming out of Egypt c. Nay some by persons who were not capable of being suborned by any man as the little children saluting him with Hosanna Nay some by the Jewes themselves the utter enemies of his being the Messias and that at unawares as their giving thirty peeces of Silver for him their not breaking his Legs on the Cross their dividing his Garments amongst them Joh. 19.24 So that this Prophesie in the event attested eminently to the Christian Religion And the Jewes themselves also expected their Messias about this time of Christs coming into the World notwithstanding their rejecting him 2. In the like manner also did the Christian Religion excel in Miracles Moses derived his power of working them from God but Christ wrought them as God and in his own name Moses dyed the common death of all men but Christ rose again and ascended into Heaven So in the Star created on purpose sayes Tycho and others to lead to his Birth So also in his being born of a Virgin and other the like things So also he excell'd the Heathen and all their pretended Miracles and that remarkably in his silencing their Oracles the great pillars and supports of the Gentile Religion and in other things So also he exceâ—led Mahomet who did not so much as pretend the working of many Miracles Supra Sect. 16. as is said but that he
DE JVRE VNIFORMITATIS ECCLESIASTICAE OR Three Books OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES IN WHICH The chief things of the Lawes of Nature and Nations and of the Divine Law concerning the Consistency of the Ecclesiastical Estate with the Civil are unfolded ET EXCUTIT ICTIBUS IGNEM By HUGH DAVIS LL. B. Late Fellow of New-Colledge in Oxford and now Chaplain to the Lord Duke of BUCKINGHAM LONDON Printed by S. Simmons and to be sold by T. Helder at the Angel in Little Brittain and S. Lowndes over against Exeter house in the Strand 1669. To the HIGH and MIGHTY PRINCE CHARLES the II. By the Grace of God KING of Great Brittain France and Ireland Defender of the Faith c. EXCELLENT SOVERAIGN WHile your Great Affairs are prosperously managing both abroad and at home behold here I present this Book as one meanes in its kind toward the settlement of the Peace of your Kingdomes The Rights of an Ecclesiastical Vniformity have been many times debated in the World with Fire and Sword And Your Kingdomes have been of late through the debates concerning them the dire Field of Blood Which Rights because it is of so great moment both to all Divine and Humane Affairs that they should be duely stated and because they have never yet been stated by any I have therefore here adventur'd the stating of them and that according to the evident dictates of the Lawes of Nature and Nations and of the Divine Lawes concerning them and as they make to the preserving and promoting the Publick and standing welfare both of Religion and Government and the Consistency of Religion with Government the Principal and Fundamental matters of all Humane Societies And I have made a search into the frame and fabrick of all Humane Affaires and have unravel'd the transactions of the former and present Ages of the Churches both of the Jewes and Gentiles Christians and Mahometans for the doing of it And I here Dedicate it particularly to the Peace of Your Majesties Kingdomes at least so far forth as a Book may be a means for the procuring the Publick Peace and where it may meet with men either of Reason or Conscience and not of furious Ignorance or temporal Interests Behold Great Prince I Present it at your feet most Humbly craving leave that I may light this Candle at the Sun and draw a Lustre upon this Discourse from Your Majesties Soveraign Patronage Herodotus relates it of Midas In Clio paulo post princip That of all things he chose to offer at Delphos his Regal Chair in which he was wont to sit and give Laws to his Kingdom It is because this Book concerns these great matters of Law and Publick Right that I presume to offer it thus in Duty to Your Majesty What the Church Historian tells the Excellent Emperour Theodosius Sozomen In Praefat. ad Imperatorem Theodosium That it was said of him that he spent the day and night in Councels and Causes in looking after his Religious and Civil and Military Affairs The like is said of Your Majesty that You are at all times ready at Your Councels and Deliberations That You go abroad to Visit Your Garrisons and Navies and that You spend your time in looking after the setling the Church and State the Charge committed to you by God May Religion and your Majesties Government long flourish together in your Dominions that the Divine Blessing may accompany you and there may never be wanting one to Sit upon the Throne of your Fathers so long as the Sun and Moon shall endure YOVR SACRED MAJESTIES Most Humble and most Obedient Subject Hugh Davis TO THE High Court OF PARLIAMENT AND To the rest of the Subjects of the KING of GREAT BRITTAINS Dominions THE Subject-matters of this Book Most Noble and Generous Patriots contain the summe and substance of Humane Affairs and which concerne the Peace and Tranquillity of the Dominions of Princes And they are those also which are now upon the Wheele and more particularly and principally in agitation amongst us like Balls of Fire thrown to and fro in the mid'st of us You have more then once Determin'd concerning them And Your determinations claime this Direction and Submission of them to you And the more peculiar respects which they bear to the occasions of his Majesties Subjects the like Direction of them also to them I have endeavour'd the impartial stating of them according to the dictates of the three sorts of Laws currant amongst men And where our Affairs Domestick have more particularly occurr'd have avoided what I could the intermixing with the Heats and Passions of the Times I do not presume in the least in these things Honourable and Renowned SENATOURS to interpose in your Great and Publick Councels those Soveraigne Balmes of ENGLAND Nor to undertake to instruct many of the able and sufficient minds of others those more Ethereal and Celestial Beings amongst men But only if it may be for Information if for Satisfaction where there is Occasion for the giving of it I have adventur'd the Representing of those great matters which do so highly concerne the Establishment and Preservation of the Peace of Your Country and of all Humane Societies THE PROLEGOMENA TO THE Three Books ENSUING DIverse have written of the diverse sorts of Laws amongst men Of the Laws of Nature and Nations and of the Divine Laws And that both more generally and particularly Diverse also have applyed those Laws diversly And that both in respect to the Civil and Ecclesiastical part of Humane Affairs But none yet hath applyed them to the Rights of an Ecclesiastical Vniformity viz. those of the Prince the Priest and the People belonging to it Nor digested those Rights into any due connexion and order viz. as they make to the preserving and promoting the publick welfare both of Religion and Government and the Consistency of Religion with Government And yet scarce any thing next to the Divine Law it self is of greater moment to Humane Societies Right is the Publick Cement of all Humane Affairs and that which all men contend about and expect even from God himself And Religion and Government and their mutual consistency are the things primarily fundamental to the very being and welfare of all Humane Societies besides what respects they have to another world Wherefore Plato calls In Gorgiā prope fin all preparations both of War and Peace which are made in a City Toys if Justice and Temperance be not preserved in it In Hercule furent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paulò post princip And Amphitryo in Euripides cryes out to Jupiter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But dost thou not know how to save thy Friends Either thou art an unskilful God or else thou art not just And Cicero in his Books of Laws Nihil tam aptum est ad jus conditionemque naturae quam Imperium sine quo nec Domus ulla nec Civitas nec Gens
cap. 3. §. 3. ad idem alibi Amongst the Canons of Counsels the Canons commonly called the Apostles deserve first of all to be mentioned Nam in Canonibus antiquissimis qui Apostolici dicuntur c. For in those most Ancient Canons which are called the Apostle's saith Grotius The after Counsels besides the large Tomes of them are Epitomiz'd by Carranza in his Summa Conciliorum Justellus and others And whether the Councels whose Canons I have cited have been of one sort or another either more Primitive or Papal or otherwise I have not regarded so long as they have complyed with Right and Reason in the matters to which they have been applicable The Greek and Latine Fathers and Doctors of the Christian Church I have made use of also sometimes professedly but more times only occasionally The writings of the School-men are generally Doctrinal and so little to my present purpose except it be in the point of Prelacy in their definitions and the like The Ecclesiastical Histories are in the Jewish Church Josephus in the Christian both the more ancient and modern both those that write more generally and more particularly of the Affairs of Churches Last of all the confessions either of the Churches late called Reformed or others shew what is their consent or dissent in things And I have sometimes also made use of them The Profession next to Divinity which most of all concerns the Affairs of Humane Societies is that of the Laws And the five Books of Moses as they are the most ancient Systeme of Laws now extant in the World so also they are Divine and therefore wheresoever I have asserted any thing to be either necessary or lawful for Humane Societies I have been carefull to see first whether it were either established or else at least permitted by that Law in Israel The due respects being had still to the diversities of the peculiar occasions of Societies The ancient Lawes of the more humane and learned Heathen Nations heretofore and what remains of them is dispersed diversly up and down in their several remaining writers The Greek and Roman States are those which we have the most and most received Monuments of The Grecians thought so highly of themselves that they called all the rest of the world Barbarians sayes Herodotus In Euterp prop. fin who spake not their Language In Greece the two Famous Common-Weals were that of Sparta or Lacedemon and that of Athens In Lycurgo The Famous Law-giver of Sparta sayes Plutarch and others was Lycurgus and of Athens were Draco and Solon In Solone And their Lawes were engraven in Tables of Wood called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But those Tables of Lawes are now extinct as also the twelve Tables amongst the Romans for the most part deriv'd from them as hath been mentioned Onely there are some reputed fragments of them remaining like the dust of Carthage and ordinarily annexed to the Code and Novels of Theodosius and the other ensuing Emperours And the extracts out of the Comments of all the ancient Roman Lawyers upon them and the other parts and sorts of Laws currant in the Empire are those which are collected together and methodiz'd and digested into the Pandects or Digests of Justinian according to the judgment of Tribonianus and the others imployed in that business by him And the Comments of those ancient Lawyers themselves are now also extinguished Some say by the special command of Justinian some otherwise But however the defect of them makes roome for those complaints of the Civilians concerning it to this very day that if they had been preserved they should have had the Roman Law from the fountains and that then Frustra scripsisset Accursius To no purpose had Accursius written and the like So then the body of the Roman Civil Law is the largest and most compleat body of that sort of Humane Laws that we have at this day extant in the world And of it we have made much use in the ensuing Book wheresoever we have come to the quotation of Humane Laws and the rather because of its universal currant authority in these parts of the world It being received and professed generally in all the Universities of Europe And it being attended to and consulted with more or less in all the ordinary Negotiations and several Dominions of Princes In the Empire it is Lex Terrae In Prax. Civil Tit. 5. Cons 18. N. 15. The Common Law of the Land And it is commonly held by Gothofredus Pacianus and the other German Civilians that the Roman Civil Law ought to have the force of Law in all the Territories of the Empire Amongst the Princes of Italy almost the same is its use and authority and so more or less in the other Dominions of Princes But yet notwithstanding I have in some few particulars taxed some texts of the Civil Law and that professedly in the principle of natural freedome as also Grotius and others following it And the reasons of my so doing lye open to censure Next in Dignity to the body of the Civil Law follows the Code and Novels of Theodosius and the few other Laws ordinarily annexed to them And besides these also I have had occasion to make use of the more particular Civil Laws of Countries And that whether set forth by the Legislative Authority in those Countries or not and whether professedly as such in a body of Laws or else occasionally mentioned in other writings Such are the Capitulare Caroli Magni the Ordines Camerae Imperialis and the like Under the faculty of the Laws and in conjunction with the Law Civil is comprehended also the Law Canon and the authority of which in things just and regular ought not to be the less regarded because it is Papal And both those who compiled the body of it and annexed it to come within the compass of that profession in the Universities intended by it the consistency of Religion with Government the matters Papal in it being only excepted And last of all I have had some occasion also to consult with the Christian Doctors upon both these sorts of Laws Upon the Civil Law appear first of all the glosses of Accursius after him Bartolus and his Auditor and Scholler Baldus both of very principal esteem and next to Accursius amongst the Civilians After them follow Angelus Perusinus Paulus Castrensis Jason and others And after them Decianus the Italian Antonius Augustinus the Spaniard Cujacius Hottomannus and other French men and the like out of other Nations The like have commented also on the Canon Law Bartholomeus Brixiensis Abbas Panormitanus Didacus Covarruvias and others some of which I have made use of The third and last sort of profession here to be mentioned is Phylosophy viz. the Phylosophical Prudences ordinarily so called and the more principal of them is Politicks And of Politicians he that bears the name amongst the ancients is Aristotle But semper excipio Platonem and excepting
only that none of the works of Divine Plato ought to be detracted from and whose Books of Laws and his other works contain in them many things both of the Laws of Moses and Christ and of the ancient Laws of Greece Amongst the Moderns Jesuites or others the learned Bodine deserves an Asterisk as being so excellently well skilled both in the Civil Law and also in the particular Laws and Policies of Countries Besides those who have written just Tracts of Politicks are others also who have debated particular Questions in it such are Junius Brutus Buchanan the late English-man Milton and others in the question of Rising in Armes Next to Politicks and the prudences concerning the ordering the matters of Church or State follow the exemplary prudences of History and Poesie And last of all the subservient discipline and divers from all these mentioned of Oratory The Greeks and Roman Histories contain in them many of the notable examples of prudence in Governours in the ordering the affairs of those Mighty States The Histories of the Christian Church that follow Eusebius contain the like in Church affairs Of either the present or late condition both of Churches and States abroad in the world there are many who give an Historical account Such as Chytraeus the Messenger of Maximilian Georgeviz the Turkish Captive Damianus a Goes the Knight of Portugal the Venetian Cardinal Contrarene Leunclavius in his Annales Turcici his Pandects Historiae Turcicae and the like And those Books which principally concern the state of the Church of England in particular either as to matters Historical or Controversal I have given an account of in their places hereafter And of the principal of those which concern the more general and principal controversals only in the margent for the reasons in those places mentioned And in the last place who will deny but that the many admirable writings of the Greek and Roman both Poets and Orators are of singular use many times both for the professed and occasional both illustration and confirmation of things Nonne Sexcenti Scriptores tam Graeci quam Latini passim Homeri Hesiodi aliorum Poetarum exemplis testimoniis utuntur ut rei veritatem confirment horumque spoliis sua scripta ditent atque magnificè decorent Do not many hundreds of writers as well Greek as Latine make use of the examples and testimonies of Homer Hesiod and of other Poets up and down in their writings that they may confirm the truth of things and with the spoils of these enrich and magnificently adorn their writings sayes Emilius Portus And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Hesiod and Theognis In Epistola Dedicatoria praefixa Euripidi and Phocylides these all men do confess to have left behind them the best precepts of life sayes Isocrates And as to the language that either these or others have written in I have in the citation of them Oratione ad Nicoclem Primo taken this course viz. for the English Readers sake generally I have rendred them all into English the Language in which I have written but yet for the satisfaction of others who might perhaps desire the present view of either the original Authorities or the Latine Translation of them I have where I thought there was occasion and it would not make too great an Hiatus and gap in the Text set them down also ordinarily before the English of them But otherwise I have generally either set them down only in English or else directed to them with an Et caetera after the recital of somewhat of them And last of all as to the stile in which I have written I have attended to the two things requisite and which ought principally to be heeded in it viz. its conciseness and plainness its conciseness that I might rather say much in little then be tedious and its plainness that I might be understood And in this manner then I have commended this whole ensuing work to the Reader And if any man think much of those Principles of which it consists behold the whole current of times the Authority of all Laws and the experiences and practises of all Ages at least generally and in the main attesting to them In the interim that I write not this Book to the vulgar amongst men it is sufficiently evident both from the matter and form of it They may where occasion requires and for satisfaction of conscience sake be more familiarly instructed in the Rights and Liberties belonging to them in the matters of an Ecclesiastical Uniformity but otherwise it hath always been their unhappiness and ever will be not to be capable neither in those matters nor others of being rationally dealt with The very nature then of this discourse directeth it to the other sort of men and particularly to those who have the guidance of others and the ordinary sway of affairs in Common-weals in their several Sphears of activity and stations belonging to them either in the Church or State that they may see the reasons of those things which are necessary for the supporting the welfare of Societies and make the several uses of the matters contain'd within the compass of this Discourse in order to the Publick Peace Last of all then this being the more general drift and intent of this whole work in that posture such such as it is in which it comes forth into the world if there be any thing said in it that is prejudicial either to Religion or Government or the consistency of each with either I wish it were unsaid again In the mean while I have for some time retir'd my self to write it and have only here further to say May it serve the King of Kings in his Universal Monarchy over men and Kings and Princes in their Governing of them THE General Contents OF THE WHOLE LIB I. CHAP. I. THe General Notion of an Vniformity and also those of Religion and Government and the Consistency of Religion with Government defin'd and distinguish'd CHAP. II. The first Proposition laid down viz. That Religion is appointed by God The rational Grounds of the Proposition given And the consent of Nations about it from whence the true Prescript of Religion is to be discerned And the general grounds of all Religions laid down and compared CHAP. III. The second Proposition asserted viz. That Government also is appointed by God The Question concerning the Derivation of it from the people and the consequent Doctrine of Rising in Armes in case of Male-administration and particularly in defence of Religion and the matters of an Ecclesiastical Vniformity stated And of the Tendency of those Doctrines to the hurt of Religion and Humane Society CHAP. IV. The third Proposition also asserted viz. That Religion and Government being both so appointed by God must needs be Consistent mutually amongst men And that their Consistency explicated and stated CHAP. V. To whom the charge and right of the preservation of the welfare of Religion and
Government and the Consistency of Religion with Government is committed in Humane Societies and of the means necessary for the accomplishing and preserving of it viz. An EcclesiasticalVniformity LIB II. CHAP. I. THE Relation of an Ecclesiastical Vniformity to things Sacred further and more particularly distinguish'd And that the Ecclesiastical Vniformity is judicated by the Civil CHAP. II. The healthfulness of Religion to Humane Societies The ordinary causes of Religious contests assigned From thence the necessity of some unity to be held as to matters of Religion The benefits of Charity and Peace ensuing upon it And how much they are commanded in Scripture CHAP. III. The description of the Rights directly belonging to men in an Ecclesiastical Vniformity And first of the Primitive Liberties both Civil and Ecclesiastical which belong to the People And first of the Civil and of its Right of being preserved CHAP. IV. Of the Primitive Ecclesiastical and Spiritual Liberties which belong to the People And of the several Obligations and Rights relating to them CHAP. V. A more particular consideration of the two Grand causes of all Mischiefs in Humane Affairs viz. The weakness and corruptions of men and more particularly of their Influence on the Publick charge of the Magistrate The thing to be preserved ultimately by an Ecclesiastical Vniformity CHAP. VI. The more general Description of the Civil and Ecclesiastical Powers and which belong to the chief Magistrate and Ecclesiastical Ministry as their distinct Rights in an Ecclesiastical Vniformity CHAP. VII The Proposition asserted that Humane condition in this world being considered there can be no such thing indulged really in any State or common Society of men as a loose and open Toleration of venting and disseminating of Opinions in matters of Religion without deadly Feuds and Contentions in that Society and the dissolution of it in the end by those Feuds and mens falling together by the ears and to warre one with another The dispraise of such and the like Feuds and contentions and how much they make to the hurt of Religion and also of Government and also of the Consistency of Religion with Government and how much they are forbidden in Scripture The Conclusion drawn from all these things CHAP. VIII The two Propositions asserted viz. 1. That there must of necessity be some Doctrine or Body of Doctrines for profession of assent to be made to and some Form or way of Worship to be used in Common and both these as a foundation for a medium or common means of procuring a charitative communion amongst men in matters of Religion in any Society 2. That there must of necessity also be a restraint held upon mens venting of their opinions as a means for the preventing and remova of Religious Contests And both these sorts of means t be used to these ends by the Chief Governour or Governours in such Society CHAP. IX Hence the way of an Ecclesiastical Vniformity viz. in outward profession and Publick Worship hath been alwayes endeavoured and made use of by the Governours of all Societies in their different wayes And that from the Dictates of the Laws of Nature and Nations and the Divine Law approving of and leading them to it CHAP. X. What are the Extreams in respect to this Ecclesiastical Vniformity and what are the faultinesses in it CHAP. XI From whence the just measures of an Ecclesiastical Vniformity sure to be taken and of the more particular Rights and Liberties relating to them LIB III. CHAP. I. OF the two Grand Instruments of an Ecclesiastical Vniniformity viz. a Canon of Doctrines and a Liturgy framed according to it CHAP. II. What are the general ends of such a Canon of Doctrines and Liturgy in any National Church CHAP. III. What are the more particular aimes or ends of the Canon of Doctrines and Liturgy in order to these three General CHAP. IV. Of the inward Vnity of Assent which is supposed to the outward unity of Profession and use of Publick Worship in an Ecclesiastical Vniformity CHAP. V. How the Canon and Liturgy ought to be composed in order to their answering to their general ends CHAP. VI. What are the Vses that are to be made of the Canon and Liturgy by the members of any National Church CHAP. VII What is the Doctrine of the Church in the Canon and Liturgy CHAP. VIII Of the interpretation of the Canon and Liturgy to be made by private persons and how it ought to proceed CHAP. IX Of the rewards and punishments belonging to an Ecclesiastical Vniformity and the Authorities and Rights concern'd in the dispensing of them CHAP. X. Of the Magistrates further intent in relation to the inward notions supposed to the External Profession and use of things And of the more particular latitudes belonging to those notions and the Assent included in them CHAP. XI Of the Testimonials to profession in an Ecclesiastical Vniformity And what they are CHAP. XII Of these Testimonials as Religious Bands and in what manner upon what grounds and to what things they oblige CHAP. XIII Of mens Liberty of opining and exercising their judgment of discerning concerning the matters of the Canon and Liturgy and how far it extends And some cautions concerning such the exercise and spending of it CHAP. XIV What are the more particular restraints and liberties and the Rights of the Magistrate relating to mens divulging of their opinions Especially concerning the matters of the Canon and Liturgy CHAP. XV. Of the Supervisors in an Ecclesiastical Vniformity CHAP. XVI Of the Supream Interpreter in an Ecclesiastical Vniformity DE Jure Vniformitatis Ecclesiasticae OR OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES BOOK I. CHAP. I. The General Notion of an Vniformity and also those of Religion and Government and the Consistency of Religion with Government defin'd and distinguished I AN Uniformity defin'd and the first and Capital distinction of it II The first and capital divivision also of all Affairs amongst men and the application of them to the general intent of an Ecclesiastical Vniformity III Religion defin'd IV The first distinction of it V The Second VI The Third VII The Fourth VIII The Fifth and last IX Government defin'd X The first distinction of it XI The Second XII The Third XIII The Fourth XIV The Consistency of Religion with Government defin'd XV The first distinction of it XVI The Second XVII The Third XVIII The Fourth XIX The Fifth XX The Sixth and Last XXI The Conclusion subjoyned to these preceding Matters The definition and first distinction of an Vniformity I. AN Vniformity from the common use and connotation of the term is nothing else but an Unity of the outward Form of things and it is either Ecclesiastical or Civil The Ecclesiastical is that which is Directly conversant about the Affairs of Churches And the Civil that which is in like manner conversant about the Civil State II. The first and capital division then of all affairs amongst men is according to this first
§. 85. in Octavio §. 58. to Julius Caesar Parenti Patriae To the Father of the Country And the Senate and people saluted Octavius by the Name of Pater Patriae The Father of the Country And Magistratus est Medicus Civitatis beneque praeest qui juvat Patriam aut certe laedit non volens sayes Thucydides That the Magistrate is the Physician of the City Lib. 6. and he doth well in his Praeheminence who helps his Country or at least doth not willingly hurt it Et in hoc serviunt Reges Deo sayes St. Augustine Si in Regno suo bona jubeant mala prohibent Lib. 3. super Chrysost non solum quae pertinent ad Societatem Humanam sed quae ad Divinam Religionem That in this Kings do serve God in their places if in their Kingdoms they command good things and forbid evil viz. not only those which belong to Humane Society but also to the Religion of God So then as this is thus the Charge and Right of Princes and particularly to see that Religion be preserved in its consistency with Government so also on the other hand they are obliged both in the Court of Conscience and in the Supream Court of Heaven to see that their Government be kept in Consistency with Religion The Kingly Prophet calls to the Kings and Judges of the Earth Psal 2.12 Kiss the Son least he be angry And Christ in the New Testament Whosoever therefore shall break one of these least Commandments and shall teach men so the same shall be called the least in the Kingdom of Heaven And that this is thus on both hands the Charge and Right of the Supream Magistrate it is also further evident both from the Law of Nature and the Divine Law and that also of Nations Who by compact and general agreement in relation to these things treat only with the Supream Magistrates of Countries as the persons most properly concerned in them So in all Counsels and Synods Ecclesiastical Oecumenical and others and that even in the Papacy its self Princes are first solicited by admonition to Assent and to send their Divines And their Embassadors come to those Assemblies also for the declaring and securing of their several Masters Rights before the Assemblies themselves be opened and matters passed Authoritatively in them The conclusive explications of the positive part of the Question subjoyn'd VIII This then being the affirmative part in this matter Let us come last of all to subjoyn our further and conclusive explications of it as was mentioned And that briefly The first conclusive and explicatory proposition IX And the first of those is That this Charge then of the Supream Magistrate is Primarily and Principally to be looked after by him And that because it is his Supream Charge in respect to the dignity of the thing and more eminently committed to him by God and the greatest of any that can possibly be put into his hands in this world it containing the sum of all Divine and Humane Affairs In Principe Cap. 4. as is said Habent Principes quae eo pertinent sayes Cicero Varios Actus conciliorum temporum in summa rerum administranda haec gravem curam diligentiamque desiderat quam ipse Princeps sustinet That Princes have divers Acts both of Councels and Times which belong to their Office in the administring the sum of Affairs and this sum of all which the Prince sustains requires a great care and diligence for the management of it The second X. The second Conclusive Explication is that this great Charge of the Magistrates is perpetually and constantly to be looked after as the wakeful Dragon watch'd over the Golden Apples of the Hesperides And that both because God hath appointed Religion and Government and the Consistency of Religion with Government to be kept up and maintained perpetually in the world and so long as mankind shall endure in it and also because these things are perpetually in danger as hath been mentioned And there hath been scarce any more prevalent means then the pretence of Religion by which innovators in all States have arrived at their ends and scarce any Civil War which is the worst of all Wars but what hath either been begun or maintained by it against the Soveraign Prince All Histories are full of examples in this matter And the Soveraign Prince in any society had need beware of the like future attempts as Sea-men of the approach of a Spoute at Sea The third XI To these ends then there is a necessity of the Magistrates using the means for his accomplishing them Media ordinantur ad finem In Gods very having appointed the Magistrate to arrive at the end he hath implyed and included the appointment of his use of the means to that end And those means he is obliged to use both as these things are his charge committed to him by God and also as they are his Right and respect his own welfare particularly and also as they respect the welfare of his Subjects Supra Cap. 1. §. 12. and Cap. 3. §. 17. and the Common Good which hath been said to be the last end of all Humane Society The fourth XII The consistency of Religion in its relative consideration with Government includes the welfare both of Religion and Government simply and separately taken because by its very being rendred inconsistent with Government whether imprudently or maliciously whether being used as a means to serve mens ends or not both it is falsified and Government is at least endangered and always in some degree or other hurt and perhaps somtimes totally ruin'd And in relation to these respects of these things principally we treat of them in our following discourse XIII And lastly the means necessary to be used by the Prince The fifth and last conclusive explication for the preservation of the welfare of these things in any Society are the Laws of an Vniformity in Church matters in some kind or other in such a Society And to prove this and explicate what the Laws and Rights of such an Vniformity are The conclusion of the First Book An earnest wish that Princes may take that special care which they ought to see that their Government consist with the True Religion both generally and particularly will be the great intent of what we shall say hereafter XIV In the interim we shut up this First Book with earnest wishes and prayers That as God hath committed it to Princes to see that Religion consist with Government so he would direct and inspire them to take that special care that it behoves them to see that their Government also consist with the True Religion And that not only negatively that it do not hurt it but positively and eminently that it may eminently help it By this they will create in their Subjects minds a more sacred veneration towards them and render themselves in
their esteem truly Gods upon Earth By this they will procure the Divine blessing upon the Government of themselves and their posterity 1 K. 2.33 1 K. 11.12 13 and 32.36 2 K. 8.19 2 K. 19.34 2 K. 20.56 c. as God was propitious to many future Generations for his Servant Davids sake By this they will deserve the praises of men to accompany them even beyond their Graves as the blessed Emperour Constantine says the Church Historian Etiam mortuus Regnavit Reigned even when he was dead Euseb de vita Constant Lib. 4. Cap. 67. Ibid. Cap. 65. and 69. Sozomen Lib. 2. Cap. 32. Euseb Ibid. Cap. 69. 73. He was washed first with the warm tears of his Nobility and People and after buried in a Golden Coffin and after his Statues at Rome and Images in the Coins like the posthumous Phaenixes sprang from his enshrined ashes And last of all by this these Rulers of men will inherit the places of Kings and Princes eternally in Heaven DE Jure Vniformitatis Ecclesiasticae OR OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES BOOK II. CHAP. I. The Relation of an Ecclesiastical Vniformity to things Sacred further and more particularly distinguished And that the Ecclesiastical Vniformity is indicated by the Civil I. AN Ecclesiastical Vniformity and the rights belonging to it more generally treated of II. And first its relation to things Sacred more particularly distinguished III. The more general and extrinsecal Arguments for it to be fetch'd from things Civil IV. The Ecclesiastical Uniformity then is indicated by the Civil and in what respects V. The conclusion of this Chapter An Ecclesiastical uniformity and the Rights belonging to it more generally treated of Lib. 1. Cap. 1 §. 1. I. THe distinction of an Uniformity into Ecclesiastical and Civil having been given above and the Supream Publick Charge and Right of the Magistrate directly in relation to all Humane Affairs and consequentially in relation to the Ecclesiastical sort of that Uniformity having been stated by us we come here to treat more generally of the Ecclesiastical Uniformity and of the Rights directly belonging to it And first its relation to things sacred more particularly distinguish'd Lib. 1. Cap. 1. §. 2. Lib. 1. Cap. 1. §. 19. II. And first of all its relation to things sacred being more generally distinguish'd of above is here further and more particularly to be distinguish'd And that according to the fifth distinction of the consistency of Religion with Government above given and which consistency it is said to be intended principally to effect and preserve And so that relation of it is either fundamental or not fundamental Fundamental in respect to the greater and not fundamental in respect to the lesser matters of Religion The more general and extrinsecal Arguments for it to be fetched from things Civil III. The more general and extrinsecal Arguments for the appertaining of an Ecclesiastical Uniformity to the well being of humane society are to be taken from the consideration of things Civil and the state of them in those Societies IV. The Ecclesiastical Uniformity then is indicated by the Civil and from diverse particular considerations of things belonging to it And that The Ecclesiastical Uniformity then is indicated by the Civil and in what respects 1. From the Uniform Administrations of Publick Justice which do use to be where conveniently and without difficulty they may in Princes Dominions and from the tendency of them several ways to the well being of those Dominions 2. From the usual Uniformities of Language and their benign tendency in like manner also 3. And from all such other Uniformities in such other the like things The effects of which use to be the generating a greater union of men in their National Combinations the establishment of a more facile and firm amity and peace amongst them by their so doing and the like And that too from the Natural tendency of these Uniformities to these things in their way and according to their several modes and degrees in which they have been in Countries 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Polit. Lib. 8. Cap. 1. N. 2. But because there is one and the same end proposed by every City to its self says Aristotle therefore it is evident that there is a necessity that all should be ordered by one and the same discipline Ibid. And that of Common and Publick Affairs there should be a Common and Publick Institution and Administration For every Citizen says he further is a part of the City And it is appointed by a certain Law of Nature Ibid postea that of the parts and the whole there should be a conjunct and one only Institution And elsewhere again Polit. Lib. 5. N. 20. Seditionis autem segetem materiamque continet gentis ac generis dissimilitudo donec ad unam similitudinem consensionem populus adducatur That the dissimilitude of Nation and Kingdom amongst a people contains the occasion and matter of sedition until the people be reduc'd to one and the same likeness and consent And all Histories are full of the instances of these things Graecanicis Institutis says Herodotus of the Egyptians uti recusant In Euterpe Circ Med. ut semel dicam nullorum hominum aliorum institutis uti volunt That they refused to use the customes of Greece and briefly they would not use the customes of any other men And Paenorum multae sunt In Melpom. prope fin variae nationes quarum paucae Regi obtemperabant pleraeque Darium contemnebant That of those Affricans there were many and various Nations of which but few did obey their King and most did contemn Darius Finally the defection and breaking off of the several parts of the Roman Empire and the like examples of the consistency and inconsistency of Homogeneous and Heterogeneous National Societies in other Histories and Affairs will be sufficient instances of these things V. But so much for these things here The conclusion of this Chapter And we shall come to prove the beneficialness of an Ecclesiastical Uniformity to humane societies by more intrinsecal Arguments and from the causes and effects of it severally hereafter and as we can make our way to those matters and the declaration of them through other things CHAP. II. The Healthfulness of Religion to Humane Societies The ordinary Causes of Religious Contests assigned From thence the necessity of some Vnity to be held as to matters of Religion The benefits of Charity and Peace ensuing upon it and how much they are commanded in Scripture I. THE Healthfulness of Religion to Government and Civil Society evinc'd II. Therefore all Atheism and lesser degrees of Prophaneness to be expelled out of humane Societies III. Publick Contentions about Religion a grand cause of these things amongst men IV. The lawfulness or unlawfulness of Religious Contests stated V. The ordinary causes of unlawful Religious Contests assign'd VI. The first ordinary
by accident and in some particular case and as to some particular persons And that good also either their temporal in this world in a less eminent notion or their eternal in another in a more eminent And according to these distinctions both of persons and things is the use of this liberty in matters of Religion in all Societies to be limited And that as it respects the last end which was mentioned of all Society the common good of Humane Affairs and that is that to persons intelligent and who are sufficient to judge of such things God and Nature have allowed the liberty of the ordinary exercise of their judgement of discerning universally and according to the latitude of its adequate object and in relation to all the sorts of Doctrines mentioned and that for many reasons relating both to the good of Religion and Government and the Consistency of Religion with Government But to the Vulgar and persons insufficient actually Infra Lib. 3. Cap. 13. §. and ordinarily not so as shall be more particularly declar'd hereafter Liberty of outward actions ought to be regulated by Humane Laws VII Liberty of Profession and outward actions as to matters of Religion is a thing clearly different from these two sorts of Liberty already mentioned And because the use of it immediately and in it self cometh under the cognizance of men and in its effects also reacheth to their persons and affairs therefore it ought to be regulated by Humane Lawes And it is to be allowed or not allowed by the Chief Magistrate and so consequently used or not used by private persons in an Ecclesiastical Uniformity according to the present circumstances of things and as it makes or makes not to the Glory of God and good of our Neighbour as a member of all Humane Society i. e. To the welfare of Religion or Government or the Consistency of Religion with Government This liberty of Profession and outward Actions as to matters of Religion is that which hath been used in all Ages to have been falsly cry'd up by corrupt men either for Christian Liberty or liberty of Conscience according as either would serve their turns when they have affected any Innovations or Change of Government either Ecclesiastical or Civil in any Society And liberty of divulging mens Judgements or Opinions in matters of Religion is one maine part of this liberty of outward actions VIII The principal part of the purchased Christian Liberty viz. The freedome from the Guilt of Sin The concession of the use of the means of Grace in any Christian Church necessary to the attaining to the principal part of the purchased Christian Liberty Hic supra §. 1. the Curse of the Law c. cannot be attained to but by a mans being endued from God with special Grace because that is the condition of the Covenant of Grace in the Gospel belonging necessarily as is said to the attaining to it And therefore it is evident that the use of the means of Grace by which such Grace is ordinarily to be attained ought by the Chief Magistrate in an Ecclesiastical Uniformity to be conceded to the people And they have a Right to it both by the Natural and Divine Law By the Natural as the means is necessary to the end in the general and by the Divine as those particular means are appointed by it as necessary to that particular end Faith cometh by hearing saith the New Testament Rom. 10.17 and Hearing by the word of God This Faith meant there is the Fundamental Grace of a Christian his primum vivens and ultimum moriens and by hearing the Word of God is meant the use of any of the means of Grace IX Knowledge in the Doctrines of Christianity The concession of the use of the means of Knowledg in any Christian Church necessary also to the exercise of mens judgment of discerning is also necessary to the exercising a mans Judgement of discerning about them because by Knowledge it is that he distinguisheth of things and the things must be known that are to be judged of And therefore it is evident also from hence that the means of Knowledge in the Christian Religion without which ordinarily such Knowledge cannot be attained to ought in like manner to be conceded to the people by the Chief Governour in any Church and they have a right to them also by the two Laws both the Natural and the Divine by the first of them primarily and more generally and by the second secondarily and more particularly X. The ordinary means of Knowledge and Grace here meant What the ordinary means of Knowledge and Grace are are those things which are appointed by God and Nature for the ordinary obtaining of them And therefore they are commonly called the Ordinances or Appointments of God in the Christian Church in respect to them Such are especially his Publick Ordinances of Prayer reading the Scriptures and singing of Psalms or Hymnes Preaching and the like Such are also the like things to be made use of in private viz. the Bible especially and other good Books in the vulgar Tongue to be read thought on conferr'd about and the like That the Bible ought to be conceded to the Laiâ—y XI That the Bible ought in an Ecclesiastical Uniformity to be conceded to the Laity in common to be made use of by them to these ends mentioned and notwithstanding that to the grosser and more insufficient part of them the use of their judgement of discerning is not actually ordinarily and universally by God and Nature conceded to them as was said but now Hic supra §. 4. It is evident from the Bible it self and the Divine Law of God and Christ contained in it In the Old Testament the use of it was so commanded to the Laity amongst the Jews Deut. 6.6 And these words which I commanded thee this day shall be in their heart and thou shalt teach them diligently unto thy Children and shalt talk of them by the way and when thou sittest in thy House and when thou lyest down and when thou risest up c. And in the New Testament the same was commanded also John 5.39 Search the Scriptures for in them ye hope to have Eternal Life and they are they which testifie of me And if this be not so why was the Old Testament written in Hebrew the vulgar Language of the Jewish Nation And why was the New Testament written in the Greek the Language most vulgar also to those Countries in which it was first written and taught Per Europam De veritate Christianae Relig. Lib. 3. §. 15. Asiam Aegyptum quibus in locis Graecus Sermo vigebat sayes Grotius Throughout Europe Asia and Aegypt in which places the Greek Language did then flourish And so also both of the Testaments continue in those places and to those people to whom those Languages and so much of the ancient purity of them as is preserved are common
ordinarily in holy things like the High Priest in Israel and the Bishops in the Christian Church Anthenio Comaed lib. 14. p. 661. Aristoph in Plut. pag. 71. They had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Priests in the great Mysteries Their ordinary Ministers and attenders at their Altars answerable to such also in the Jewish and Christian Churches Nay they had also even their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Sweepers and keepers of their Temples And all these appropriated to the businesses of their several Functions in holy things So also amongst the Romans Romulus himself Instituted the Colledge of Augures sayes Pomponius Laetus And after him Numa Cap. De Augur and many other Orders of Priests The two Orders of the Salii In Numa and Feciales as Plutarch mentions And the Flamines and others are vulgarly known So also the Druides amongst the Galles mention'd by Pomponius Mela De Orbis Situ lib. 3. and others And the Gymnosophystae amongst the Indians mentioned by Julius Solinus also and others And all these were appropriated also to the businesses of their several offices The like also have been the Orders and Offices in the Christian Church and which are recorded in both Lawes and the Ecclesiastical Histories The Patriarks Metropolitans Arch-Bishops Priests and Deacons and the other inferiour Church-Officers And by the Laws of the Emperours they also were determined to be a distinct Body from the Laity and in their several Stations had the peculiar assignation of the Church businesses to their management and as Churchmen were excluded from the ordinary management of other matters as not being the Proper business of their Function So the Emperours Honorius and Theodosius C. De Episc Et Cler. L. Placet Placet nostrae Clementiae ut nihil commune Clerici cum publicis actionibus vel ad Curiam pertinentibus cujus Corpori non sunt annexi habeant Vid. C. De Episcop Cler. l. nullus Episcopus Et l. Cum Clericis in Judicium Et l. Causa quae fit L. Clericus quoque c. Et De Episcopali Audient l. Episcopale Judicium Et l. Sancimus ut nemo c. Et Novell Constitut 383 c. vid. Capit. Caroli magni Ludovici Pii c. Lib. 6. ut Clerici Judices saecular non adeant Et lib. 5. ut nemo audat c. Et ut Clericus vel Monachus c. Et lib. 7. ut nullus Clericus vel Abbas c. Et de his qui sine jussione Episcopi c. Poloniae lib. 2 circa med infra Ecclesiae Anglicanae Politeiâ Tab. 2. Tab. 2. ◠It pleaseth our Clemency that Clericks should have nothing to do in common with publick Actions and such as belong to the Civil Court to the Body of which they are not annexed And they had also their Ecclesiastical Courts and proper Tribunals before which only ordinarily and first of all they were to be summoned as is to be seen in the several Laws in the Code and Novels of Justinian under the Titles De Episcopis Clericis De Episcopali Audientia ut Clerici apud proprios Episcopos primum Conveniantur and the like And so also in the Ecclesiastical Histories the Canons of Councels and the several parts of the Canon Law down all along the Ages of the Church And the like also in the Theodosian Code and the several later and more particular Lawes of Countries In the Code in the sixteenth Book under the Title De Episcopis Ecclesiis Clericis and in other places And the Lawes of Charlemain Ludovicus Pius Carolus Cabvus and others do every where appoint the same And the like Cromerus recites of Poland Est autem judiciorum Ecclesiasticorum summ a penes Episcopos sayes he Quorum vices gerunt ii quos vocant Vicarios in Spiritualibus Cancellarii Officiales inter quos unus qui est primarius generalis appellatur Caeteri foranei c. That the summe of all Ecclesiastical Judgements is in the Power of the Bishops whose places they do supply whom they call Vicars in Spirituals Chancellors and Officials amongst whom one who is the Chief is called the Vicar General The others are proper to their several Courts And last of all the like recites Doctor Cosin the Dean of the Arches concerning the Constitutions of England And so runs the whole Series generally of the Lawes and practices of all other Countries And it is but natural that businesses of a Calling should be referred to men of a Calling even in the inferiour and more particular vocations in Societies and that those vocations should be distinguish'd and differenc'd according to the different nature and quality of their Affairs The Question Stated whether Church-men may have to do in the Administration of Civil affairs Lib. 1. Cap. 5. §. 6. V. Here then is a great Question arising viz. Whether Church-men may at all intermix in the administration of Temporal affairs in any Society We affirm the Question And but that it may be so in some Cases and for some reasons neither the Law of Nature nor the Divine Law either Mosaical or Evangelical nor the Civil Lawes and Customes of Nations do contradict as we have said already That the same Person may de Jure bear the office of Supream Priest and King And 1. First as to the Light of Nature if the Ecclesiastical Person be considered as a member of Humane Society in the general and so as standing in a Civil as well as an Ecclesiastical capacity it no way contradicts it Nay so farre forth as his intermixing in Civil administrations may make to the good of humane Society and particularly to the Consistency of Religion with Government and the preservation of it and that either by the imployment of eminent abilities in Ecclesiasticks or else by the maintaining any wayes Amity and a Charitative Correspondence betwixt the Ecclesiasticks and Laicks in any Community or by it's promoting the distribution of Justice to both Sorts of Persons in the Courts or the like it prompts to it and pro hic nunc it commands it The Administration of Justice is one of the Principal Pillars of all Common-weals and a charitative Communion betwixt the two States of Laicks and Ecclesiasticks hath been ever endeavoured and wished for by the Lawes and Constitutions and advices of all Princes within their Territories Vt Episcopi Comites Concordes sint In additionibus ad Copit Caroli Magni Additione 4. De Concordia Episcopor et Comit. Comites eorumque ministri Episcopis atque eorum Ministris in omnibus adjutores existant sayes Ludovicus the fourth of France in his Constitutions appointed by him to be published as such by Erchembaldus his Chancellor That his mind and desire was That the Bishops and Noble men should be friendly one to another and that the Noble men and their Retinues should be any
Monarchies amongst the Trojans and divers other Nations we find the mention of their Country Gods peculiar to them severally and of their Forms of Doctrines and set Prayers and Sacrifices and customary Rites and Ceremonies appropriate to them also And no wonder since the dictates of the common Humane Nature alwayes suggested to them these things for the setling of their Religion in a National way Amongst the Greeks the like instances are every where to be found also Equ p. 300. A. The Athenians were wont to swear by their Twelve Gods sayes Aristophanes whom they had in special Honour They had their set Sacrifices and Services their Solemn Festivals and the like appropriate both to these Gods and others as is to be seen in the dispersed Testimonies concerning these things up and down in the several Histories Poets Orators and other the like Writers of Greece Vid. Dial. 7. prope med alibi Ibid. vid. And Plato in his Books of Lawes gives us a perfect pattern of an Ecclesiastical Uniformity and such an one as deserves to be heeded amongst other things in his Writings He would have the Sacred Hymns and Quires he would have the Festivals and times of them he would have the Sacrifices and the fitting of all these things to them to be at the appointment of Publick Authority in his Commonweal He would have no varying in the least from these Prescriptions no speaking against them no more then against other Lawes amongst the People no mixtures of any mans private fancies together with them or the like at all to be permitted And finally Ibid. he tells us that these and the like things were according to the Ordinary Constitutions of the Cities of Greece In nostris Civitatibus firme omnibus ut breviter dicam hoc ita fit Let us go on then from the Greeks to the Romans And amongst them also still we shall find the like things enjoyned We have spoken of their City Divinity which was appointed by the Magistrate Supra lib. 1. cap. 2. §. 5. And Tertium Genus est inquit Varro quod in Vrbibus Cives maxime Sacerdotes nosse atque administrare oportet In quo est quos Deos publice colere quae sacra sacrificia facere quemque par sit De Civ Dei lib. 6. cap. 5. and the like sayes St. Augustine That Varro said that the third kind of Divinity was that which it behov'd the Citizens in their Cities most of all the Priests to have knowledg of and to administer In which was contain'd what Gods it was fit for every one to worship publickly what holy Rites to perform what Sacrifices to offer up Lib. 1. And Dionysius Halicarnasseus tells a notable Story of Numa Pompilius at his bringing in of his Prescript of Religion amongst them That for the suppressing of Controversies about Opinions and upon the arising of any such amongst Parties he appointed that the contesting Parties should be bound to go to the Temple of Faith and there to swear with certain great Ceremonies upon the Truths of the Points of their Contentions And briefly he that will look further for these matters of an Ecclesiastical Uniformity into the Roman Writers of all sorts shall find them every where up and down though not under the notion of such dispersed in them From the Heathens then let us pass next to the Mahometans and to the like matters also amongst them And they have this Uniformity amongst them and that even to extreams in their way as will be mentioned in the places more particularly proper to these matters hereafter And last of all then let us recite but some of those numerous Constitutions that have been in the Christian Church concerning the establishment of this Uniformity also and that both in the former and later times and regiments of Countries We will begin with the Constitutions of the new Civil Law In the Code and Novels of Justinian there are infinite of these sorts of particulars Vid. C. De Summa Trin. c. L. Curctos Et ¶ Hanc Leg m sequentes vid Ibid L. Nullus Haeretiâ—is Et ¶ Is autem ¶ Qui vero The very first Law in the Code prescribes the Religion of the Empire and commands Christians to take upon them the name of Catholick and to account all of other Professions to be mad-men and Hereticks and the like The next Law under the same Title sets down the Nicene Creed as a Canon of Doctrines to be assented to and commands them to be excommunicated that embrace it not and appoints them to be removed from the Cities and Towns And if we look but a little further to the Law Sancimus igitur their writings are sentenc'd to be burnt and the particular Sect of the Nestorians are cast out of the Church and Anathematiz'd and none are be found with any of their Books in their hands under pain of death it self if we look onward the like particulars we shall find still established That none speak publickly against the Doctrine established by the Imperial National Synods That none side with the Nestorians or Eutycheans that the Apollinarians be Anathematiz'd together with others that the Four Councels viz. of Nice of the Imperial City of Ephesus ¶ 1. vid. sub L. Decere Ibid. De Sam. Trin. L Nemo Cleriâ—us L. Cum Salvatoâ—em ibid. ¶ 4. ibid. L. Cuâ—â— velimus ¶ per omnia ¶ Nullus Itaque alibi ibid. L. Inter Claras ¶ Omnes vero ¶ peimus ergo c. L. liquet igitur in residuo Epist Papae vid. De Sacrosanctis Ecclesiis De Episcop Cleric L. Sed Novo ibid. L. Statuimus ibid. L. Sacris Canonibus Vid. De Ecclesiis Constitut in Africa Vid. de depositione Anthimi c. in praefat Ibid. cap. 1 Vid. De privilegiis Dotis c. In praefat Anth. Coll. 9. Tit. 14. Const 131. cap. 1. Constit 137. In praefat Ibid. cap. 1. Lib. 16. Tit. 4. and Tit. 5. and Calcedon be received that no muttions in the least be made in these matters That the State and Unity of the Churches be preserved that those things be spoken which make for Peace and that there be made a Regular Uniforme Profession Let us look to the next Title we shall still find the like things Let us look on and Letanies are prohibited to be made by Lay-men the Church Constitutions and Canonical Sanctions are appointed to be observed and that to no less degree then the Imperial Civil Laws Finally it would be infinite to recite all the Particulars that are dispers'd up and down in the Code to these and the like purposes and intents He that will may view them Let us proceed from it to the Novels And there are still the like and almost the like number of Lawes In the 38 Constitution the Arrians in Africa are confiscated and their goods given to the Churches An Heretick is prohibited to Baptize or to bear any Office in the
amongst the other Lawes of Israel was never intended by Gods Prescription of it to oblige the Gentiles And the New Testament the proper Prescript of the Christian Religion revers'd it amongst the Jewes themselves also But the Chair of Rome in it's introduction of such a number of Ceremonies into Divine service pretends the imitation of Moses and that upon the same account of Divine Authority also although in another kind but intends really the Reformation of St. Paul and of the Christian Prescript of Religion which perhaps it thinks consists of too many and too expressly of Doctrinals but not enough nor enough expresly of Ceremonials The fourth and last sort of faultiness VIII The fourth and last sort of faultiness then in this Ecclesiastical Uniformity is when it takes away the means of knowledg and the means of Grace from amongst the People and such as ought ordinarily to be conceded to them and are their Natural and Divine Rights and that in relation to those several ends which have been above mentioned Supra lib. 2. cap. 3. §. 6 7 8 c. Vid. Alcoranum Azoara 13. c. De Origine Imp. Turc De Turc morib Epit. cap. De Sacerdotibus eorum De Abassinor reb lib. 1. cap. 22. Such is the practise of the Mahometan in his way of Religion prohibiting the Alcoran to be read by the Common People and suppressing Universities and the ordinary use of Books and the like Apud illos sane nullos vidi Typographos sed Chartam optime parant sayes Georgieviz That amongst them he saw no Printers but they make excellent Paper and the like Such also is the practise of divers Churches of Christians Of the Abassines Sacra omnia partim Chaldaeo partim Aethiopico continentur Idiomite sayes Godignus That all their Holy Rites are contained partly in the Chaldee partly in the Ethiopick Dialect And Praeter libros divinos easque quibus continentur Sacra alii non sunt nisi quos habent regiis opibus praefecti ut accepti expensi rationes constent Ibid. cap. 12. in fine sayes he elsewhere That besides the Books of God and those in which their Sacred Rites are contained there are none other unless it be those which the Emperours Treasurers have for the keeping of their Accounts In Literis Wenceslai Budonizii c. D. Davidi Chytraeo in princip And so of the Greek Church Omnia enim Sacra eorum lingua Antiqua neque à Sacerdotibus neque à populo intellecta peraguntur sayes Chytraeus That all their Divine Services are perform'd in the Ancient Tongue which is not understood neither by the Priests nor People And so also amongst the Russians Hist of Russia vid. cap. 21 circa med alibi Neither their Priests nor Bishops making any further use of any kind of Learning no not of the Scriptures themselves save to Read and to Sing them and their Divine Service and the like sayes Fletcher in his History And last of all such also is the Practice of Rome and of the Churches diversly in her Communion She commandeth her Liturgies to be celebrated in Latine and the like unknown tongues Etsi missa magnam contineat Populi fidelis eruditionem non tamen expedire visum est Patribus ut vulgari lingua passim celebraretur say the Tridentine Fathers Concil Triden Sessione 6. cap. 8. Although the Mass contain in it much instruction of the faithful people yet however that it did not seem to be expedient to the Fathers that it should be celebrated up and down in the Churches in the vulgar tongue And so also she not permitting the Bible to be read ordinarily by the People nor by any Laicks unless they be Licenc'd Laying hold also by the Inquisition in Spain and other places upon all Bookes in the vulgar tongue and upon open Discourses and Disputes about Religion and establishing the Doctrines of implicit Faith general devotion blind obedience and the like CHAP. XI From whence the Just Measures of an Ecclesiastical Vniformity are to be taken And of the more particular Rights and Liberties relating to them I. THe Rules of distributive Justice assign'd from whence the Just Measures of an Ecclesiastical Uniformity are to be taken II. The Persons who have the right of framing it accordingly III. When they have used their best Judgement for the doing of it they have done their duties IV. Certain more particular Rights belonging to them in this matter V. In the interim obedience is due to them from private Persons VI. And last of all certain Liberties belonging to those private persons also in relation to their performance of that Obedience The Rules of Distributive Justice assign'd from whence the just measures of an Ecclesiastical Uniformity are to be taken I. HAving said these things then I come here last of all to assert the Just Measures of an Ecclesiastical Uniformity and from whence they are to be taken And that is from it's affording to all their Rights viz. those which have been heretofore mentioned either more generally or more particularly To God his Right in it's crossing none of his commands but assisting to the performance of them To the Supreme Magistrate his Right in it 's being proportioned to his occasions and the discharge of his Trust To the Church Governours also in their way their Rights by it's affording to them the like meanes of the discharge of their Functions in their several places and capacities To the private Christian his Right by it's preserving to him the enjoyment of his Christian Liberty and the use of his liberty of Conscience and Judgement of discerning To the Subject also his Rights by it's enjoyning nothing upon him but by lawful Legislative Authority And last of all to all these their Rights both mixtly and in their several respects by it's cutting off occasions of Contentions and of corrupt wicked mens abusing and invading these Things and Persons severally to the disorder and destruction of Humane Societies and the welfare of them And this is the Golden mean in such an Ecclesiastical Uniformity And these are the more general Rules of distributive Justice which are to be observ'd by all Princes and Governours in their due framing of it II. The Supreme Governours in any Society have the only Supreme Power and Right of the thus framing this Uniformity The Persons who have the Right of framing it accordingly and that more generally and mediately by vertue of their Supreme Power over all and in relation to their Publick Charge supremely committed to them and more particularly and immediately as it is a part of their Indirect Power in Spirituals III. And when they have used their best judgment When they have used their best Judgement for their doing of it they have done their duties and taken their best care about their thus framing of it they have done their Duties and discharged their trust in it both to God Conscience and
their People And that because their own judgement of discerning conversant in their own Affairs is their only ordinary and possible directrix for their proceeding in this matter as well as in any others And all lawful Governours in the ranking their Notions concerning the frame and body of Humane Affairs are supposed either by themselves or Assistance to be sufficient for the discharge of their Trust IV. There are certain more particular Rights and Powers which belong to these Governours of Humane Societies Certain more particular Rights belonging to them in this matter In the interim obedience is due to them from private persons for the retaining of this their more general Right in this matter But these will be asserted hereafter in the places proper to them V. In the interim when by the imployment of this Care these Governours have thus once established this their Uniformity in their several Societies private Persons are not to intermeddle in their Province and to the detriment of their Affairs any wayes But it is left to them either to obey actively or else not to disobey but to acquiesce passively And that also only where there may perhaps be just reason as to them for their non-performance of their active obedience and in no other case whatsoever And these are the voyces of all Lawes and wise men in this matter D. De legibus Senatus consult L. 6. Legis virtus haec est imperare vetare permittere punere sayes Modestinus the Civilian That this is the force of a Law to command to forbid to permit to punish And ideo de iis quae primo constituuntur aut interpretatione aut constitutione optimi Principis certius statuendum est sayes Julianus Ibid. L. Et ideo That therefore in those things which are first of all constituted we must determine more certainly either by the interpretation or constitution of the most excellent Prince Et L. Non omnium And non omnium quae a majoribus constituta sunt ratio reddi potest That there cannot be a reason given of all things which are constituted by our Ancestors And Et ideo rationes eorum quae constituuntur inquiri non oportet alioqui multa ex iis quae certa sunt subverterenter That therefore the reason of those things which are constituted ought not to be asked for otherwise many of those things which are certain would be subverted Ibid. L. ideo Rationes sayes Neratius And Tacitus principi summum rerum judicium Dii dederunt subditis obsequii gloria relicta est Annal. 3. That the Gods have conceded the Supreme Judgement of Affairs to the Prince and the glory of obedience is left to the Subject And Gellius Media igitur Sententia optima atque tutissima visa est quaedam esse parendum quaedam non obsequendum That the middle sort of advice seems to be best and most safe that as to some things we ought to obey and as to others only not to be so pliant to Obedience And it is the outcry of Medea in Euripides In Medea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paulo post princip 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 O thou great Themis and venerable Diana Ye see what I suffer Who with great Oaths Ibid. paulo post 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Have bound my accursed Husband And afterwards Oportet autem Hospitem valde se accommodare Civitati Neque laudo Civem qui contumax existens Molestus est civibus propter imperitiam ac insolentiam But it behoves a stranger very much to accommodate himself to the City Neither do I commend a Citizen who being obstinate Is troublesome to the Citizens because of his Ignorance and Insolence And last of all certain liberties belonging to those private persons also in relation to their performance of that Obedience VI. Last of all then there are also certain derivative Latitudes and Liberties which belong to these private Persons in relation to their performance of obedience to these establishments of Princes and which are their derivative Rights in this matter But these also shall be more particularly asserted and unfolded hereafter in the places proper to them DE Jure Vniformitatis Ecclesiasticae OR OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES BOOK III. CHAP. I. Of the two Grand Instruments of an Ecclesiastical Vniformity viz. A Canon of Doctrines and a Liturgy framed according to it I. THe Prescript of the Christian Religion hath been most vexed by Contests And the greater necessity of an Ecclesiastical Uniformity and of this work deduced from it II. A Canon of Doctrines defined and distinguished III. The state of the Case concerning its being the Primary and Principal of the two Grand Instruments in an Uniformity IV. A Liturgy defined and distinguished also V. It is convenient that where a Liturgy is used there be as few other sorts of Publick Services permitted to accompany it as may be VI. The Liturgy also ought to be conformed to the Canon of Doctrines VII The Heathen Jewish and Apostolical Liturgies contested VIII The present Liturgies that are abroad in the world IX The History of the English Uniformity and of its Canon of Doctrine and Liturgy X. Some appendant Questions concerning a Canon of Doctrines and Liturgy resolved XI The First Question XII The Second XIII The Third XIV The Fourth XV. The Fifth XVI The Sixth XVII The seventh and last The prescript of the Christian Religion hath been most vexed by contests And the greater necessity of an Ecclesiastical Uniformity and of this work deduced from it I. THe Prescript of the Christian Religion is the best of any that ever hath been in the World i. e. the most consisting of Doctrines and explicatory of the particular Precepts of the Law of Nature and consequently the most perfectly directive of men in their way to Heaven and as members of Humane Society And yet through the weaknesses and corruptions of men there hath none been the subject of more contentions Men having wire-drawn the doctrinal Texts of it and every Sect and Heresie having suted them to their own turns and all having applyed that and the like Texts of the Apostle to their times and in respect to their Opinions and the opposers of them that there must also be heresies amongst you 1 Cor. 11.19 that they which are approved may be made manifest among you Which things shew the greater necessity of an Ecclesiastical Uniformity in the Christian Church and of this work for the explicating and unfolding of it and the rights belonging to it I come then here in this third and last Book to treat more particularly of that Uniformity and that in a special manner of the two grand instruments of it viz. a Canon of Doctrines and a Liturgy framed according to it A Canon of Doctrines defined and distinguished II. And first of all
Ibid. Etiam postea Amplius ait Concl. Catechism meaning the Council of Trent and the Catechismus ad Parochos locis citatis esse necessarium cognoscere ritus illorum significationem ratione quadam scilicet quia magna erit utilitas Caeremoniarum si earum significatio non ignoretur That the Councel and Catechism in the places cited sayes that it is necessary to know the Holy Rites and their signification in some manner viz. because great will be the profit of the Ceremonies if their signification be not unknown and the like others And the like also the Confessions of the Reformed Churches So the former Helvetian Quae media vocantur sunt proprie Sect. 17. De ritibus Caeremon med In Helvet priore iis uti vir pius quanquam libere ubique semper potest tamen scienter ex charitate nempe ad gloriam Dei ad Ecclesiae proximorumque aedificationem omnibus utetur solum That a Godly man may use those things which are called indifferent and are properly so although in all times and places freely but yet however he must use them intelligently out of charity viz. to the glory of God and the edification of the Church and his neighbours only So also that of Bohemia In Bohemica Ibid. Sed tantum pro ornamento Decore honestaque spccie laudabili Disciplinâ habeantur But let them be accounted only for an ornament Et in Gallicâ for decency and an honest shew and commendable Discipline and order And so the French Confession Et eas tantum admittimus quae fovendae Concordiae unicuique in obedientia debita retinendo subservient And we admit only those which serve to the cherishing of concord and to the retaining of every one in due obedience Et in Anglica Ibid. Etiam And so the English De multitudine otiosarum Caeremoniarum scimus Augustinum graviter suo tempore conquestum esse c. Retinemus tamen colimus non tantum ea quae scimus tradita fuisse ab Apostolis sed etiam alia quaedam quae nobis videbantur sine Ecclesiae incommodo ferri posse c. We know that St. Augustine in his time did grievously complain of the multitude of idle Ceremonies but yet we retain and practise not only those things which we know were delivered by the Apostles but also certain other things which did seem to us that they might be constituted without any dammage to the Church because we desire all things to be done in the Church as Paul sayes decently and in order But all those things which we saw to be either very superstitious or frigid or uncomly or ridiculous or contrary to the Holy Scriptures or else unworthy of sober men of which sorts there are an infinite at this day in the Popedom we have utterly and without any exception rejected because we will not have the worship of God to be defiled any longer with such kind of toys And the like the other confessions And there is no doubt but that an Uniformity in these things will conduce to order nor but that the peoples exercising themselves intelligently in their practise and use of them will put them in mind of the obedience they owe to Discipline and Government Nor but that their stirring up men in a common moral way suitable to their Humane Institution and according to the several intentions of their divers significations will conduce to edification and the like Other things might be said concerning them In the interim Pro. See Dr. Mortons Defence worthy to be read Con. The Reply to it both parts Pro. Dr. Burges his Rejoynder in answer to that Con. Dr. Ames his fresh suit in answer to that Also Altare Damascenum The English Popish Ceremonies said to be Gellespies c. See the Conference at Hampton Court by Dr. Barlow p. 70 71. the controversie concerning these matters in the Church of England hath been largely handled and debated and that by the first undertakers of it in the main their Books are to be seen both Pro Con but whosoever will read them let them weigh things on both sides according to the Laws and Rules of an Ecclesiastical Uniformity here laid down and in a due manner and then he will have afforded the Church her due In the mean time the Church is not worthy of blame for being tender of her Authority in this matter In the conference at Hampton Court when the impeachment of Christian Liberty was urged against the imposition of these things in England King James was much moved and told the Opponent That he would not argue that point with him but answer therein as Kings are wont to speak in Parliament Le Roy S'aviserá Adding withall That it smelled very rankly of Anabaptism c. And therefore charged him never to speak more in that point how far he was bound to obey when the Church had ordained Laws Last of all such Ceremonies or circumstances attending Divine Worship may by some advenient or extrinsical reasons and in some particular cases be made more or less particularly requisite to the support of the welfare of any part of the charge of the Magistrate in any National Church which is the case of the Church of England at present in respect to the continuation of the use of her Established Ceremonies And hath been heretofore both on that and the other part of these things in many other Churches The Second VIII We come to the second Rule then to be observed also in this business concerning the Canon and Liturgy And that is That the Magistrates and Churches Right of asserting their due and Establish'd Church Government be also conceded to them And that whether that Government be either of a later or more ancient date as to the actual erection of it in any National Church And this is a Right ordinarily of necessity belonging to the Supream Magistrate for the support of his Government in the State And by the Church Government in any Society we do not mean here onely the substance of it but also the way and manner in which it is exercised for by it it is that it useth to be more exactly fitted in all Societies to the Government in the State And ftom thence it follows that a change in this matter in the Church ordinarily is not without a change in the State Many instances might be given in which it hath been so And then much more also will a change in the substance of it make a change in the State King James at his first coming into England did often recite that saying No Bishop No King And in the Conference at Hampton Court he vouch'd it from his own experience that he had of the Presbyterial Government in Scotland and that which was endeavoured to be establish'd there See the Conference at Hampton Court p. 4. p. 20. That the Soveraignty of a Prince could not consist
are the two original Humane Rules of Doctrines and Worship as hath been said And they themselves also are to be in like manner referred to Scripture Lib. 3. Cap. 1. §. 2. 1◠c. because it is their Original Divine Rule as was said above also And as to the Sences which the several Assertions Offices and Phrases are capable of in such Canons and Liturgies consideration is to be used for the finding of them out and the Comments on Canons and the Rationales on Lyturgies and the like assistant writings are to be consulted and the just Rules of interpretation hereafter laid down are to be made use of in relation to these things Infra Cap. 8. And the same course also is to be held concerning the interpretation of the Original Divine Rule of Scripture in its kind And last of all the wholesome sense in all these things and not the unwholsome is still to be presum'd to be that meant by Authority and that because as a favourable construction is always to be put upon such writings as have been mention'd set forth by Authority in such a manner and for so good ends So also the same Authority doth allow to all their variety of notions under which to make construction of them on purpose that such their construction might be and as they wish it to be in it self as far as may be just and also favourable as to them And by this Rule do all Churches intend that men should proceed in this matter And it is the last and only Rule they have to fix upon So the Church of England particularly after the many sharp ventilations of these things in it and in the defence and justification of its present Lyturgy and the former established We are fully perswaded say they in our judgments See the Preface to the Book of Common Prayer and do profess it to all the world that the Book as it stood before established by Law doth not contain in it any thing contrary to the Word of God or to sound Doctrine or which a Godly man may not with good conscience use and submit to or which is not fairly defensible against any that shall oppose the same if it shall be allowed such just and favourable construction as in common equity ought to be allowed to all humane writings especially such as are set forth by Authority and even to the very best Translations of the Holy Scripture it self They then are apparently guilty of Shcism in any Church who first construe the doubtful places of Lyturgies and Canons of doctrine in an ill sense and then construe such sense to be the meaning of Authority as if it could never be enough either blamed or suspected Indeed many are the exceptions that have been made both formerly and lately against the English Lyturgy The more general of which and those that have been made against it particularly as a Lyturgy Lib. 3. Cap. 1. §. 9. in fin we have mentioned above and its adversaries collections of them The more particular and those proper to be recited in this place as being made against the more particular phrases and the like things in the several offices and parts of it are to be seen in the numerous writings of this sort of its adversaries also and which at several times have come fotth against it And so the Answers to these writings For the exceptions made against the Lyturgy See a survey of the Book of Common Prayer Printed An. 1610. The first Admonition p. 8. 2. part Ibid p. 2. c. And second Admonition p. 10. c. And a view of Antichrist his Laws c. in a part of the Register p. 64. 64 65 by A. Gilbir An Exception taken against subscription c. Ibid. p 119 120 121 c. And a true modest defence of the Petition for Reformation c. p. 30 31 32 c. Edit 1618. And an answer to the Vice Chancellour c. p. 2. And Bacon's Considerations p. 24. c. And Smectymnuus p. 9. c. And Reasons shewing the necessity of Reformation p. 8. 11 22 26 c. For Salvo's to these exceptions also See Hookers Ecclesiastical Policy Lib. 5. from Sect 25. to the end A Defence of the Liturgy c. Edit 1630. worthy to be read And the Christian Divinity contained in the Divine Service c. 1631. And Dr. Covells modest Examination c. Cap. 13. And Dr. Hamonds view of the Directory p. 24 25 c. and several defences of the same Lyturgy are to be seen also To both which sorts of writings we shall refer men concerning these matters and not abate the edge of our Reader with a tedious recital of them here In the interim if a man will answer to the general intents of an Ecclesiastical Uniformity in any Church concerning these sorts of matters Interpretari debent cum favore They must be interpreted with favour as is said So should the phrases of the English Lyturgy extant in the offices of Burial Churching of Women and elsewhere and more popularly excepted against be dealt with And certainly a man is to strain very far in this matter and if it be possible rather then to put an unwholesom sense upon these sorts of writings set forth by Authority Much less then is he to be wilfully blind like him that will not see the Sun and to stumble as it were at a star that lies shining bright in his way But the truth of all is that it is the usual method of such men as would innovate in any Church and undermine Publick Authority to cross these Rules here laid down by us concerning these matters and to give out to the world as if Authority only were never enough to be blam'd never enough to be suspected And when men see that let them know their ends V. The third Vse then to be made of the Canon and Liturgy in any National Church and by the members of it The Third and that also in a matter common to them both is For the determination of mens minds about the use of Ceremonies And under what notions and in what senses severally they are propounded to be used What particular Doctors teach about them or the private Expositors or Controvertists of the Age say is nothing as to any Authentick ground for mens derivation of their opinions about the Vse of them But it is to be heeded onely what the Church declares concerning them in her Canon of Doctrines and Lyturgy and in her Disciplinary Canons and the like publick writings framed from them and allowed by the Magistrate And that because the Church and Magistrate are the only composers of the Canon and Liturgy and the Authentick Interpreters of them when composed and also the imposers of the Ceremonies or the like things enjoyn'd in them or in any other more derivative writings belonging thus to their Uniformity And concerning the Church and Magistrate also in this matter
to exercise the function of a Minister is to subscribe The confession of Faith and Catechism used and authorized in the Reformed Churches of the Vnited Provinces and also the Doctrinal Decrees of the Synod of Dort of the year 1619. and to submit to the Synod as was above-mentioned And a little after The publick School-masters should be directed by the Ministers what Books they are to read to their Schollars and what prayers to use c. And in the Statutes of Geneva there is the manner and form of the Oath which the Evangelical Ministers take before the Sindicques and Councel as was above-mentioned upon another occasion also And the like Testimonials there are given in in England and in other Christian Churches VI. These then being both the sorts of Testimonials to be given in in an Ecclesiastical Uniformity there is one thing in those that give them in which there ought to be a special regard had to by them and that is their sincerity and reallity of intent in their so giving them in and exhibiting of them And this is that which constitutes them to be formally such as to them But otherwise they are in their intentions but materially such as to others and impostures and deceipts as to them Those then who have sowed the contrary seeds of Doctrine in Churches like Vlisses feignedly sowing salt in the furrows are here to be condemned Such are the Doctrines of being Actively and Passively present at Church-Services Of using equivocation mental reservation and the like in Oaths and the like Sacred pledges As if men might in these kinds of matters triumph innocently with him Juravi lingua mentem injuratam gero I have sworn with my tongue but I bear a mind in me unsworn still But these Doctrines are Hypocritical in the sight of God and generally destructive to humane affairs and have been invented for the serving of turns in cases of irregular commotions in Common-weals and for the laying up of parties in silence against another day and who like Cadmus his teeth from the Earth may upon occasion start up men of steele If we shall admit of them what shall become of all Faith amongst men and of all security to the Common Peace of Princes The Dolus malus so frequently termed so by the Civilians hath been decryed a million of times by all Lawes And the grosser Doctrines of equivocation and mental reservation have not escaped the condemnation of some of the very Roman Doctors themselves Dicere non feci quod tamen feci licet cum hac mentis limitatione ut tibi significem non est aequivocatio sed mendacium sayes Sotus De Just et jur Lib. 5. Quaest 6 a 2. Vid. Lib. 11. Cap. 4. Variar Resolut Lib. 1. Cap. 2. N. 2. c. 2 Kings 5.19 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Integritas Rectitudo c Schindler in Pentaglott The significant word See Hist of the Councel of Trent Fol. 52 53. De Offic. Lib. 1. De vita Phil. To say I have not done a thing which yet I have done although with this limitation of mind that I may signifie it to you is not equivocation but a lye And the like Azorius Covarruvias and others And if exigencies of special cases be alledg'd for the warranting the use of these Doctrines the Apostolical Rule is That Evil is not to be done that good may come of it Elisha's Lec le Shalom to Naaman in the Scripture may be interpreted as a common valedictory form of Speech Or else as a down-right reproof Shalom being applicable to integrity of manners as well to that of body or the like And the case of the Elector of Saxonie's bearing the Sword before the Emperour in the Diet of Ausburg and assisting at the Mass was condemned even to derision And if men will they may learn the lesson of sincerity from the Heathen Sages Compendiaria est via ad Gloriam ut qualis quisque haberi vult talis sit sayes Cicero That the short way to Glory is for every one to be such as he would be accounted to be And Diogines in Laertius Trojanus Equus idcirco fefellit quia formam Minervae mentitus est That the Trojan Horse therefore deceived because it falsly represented the form of Minerva And Vis videri ab hominibus an non Nunquam bonae honestatis est longa simumulatio Epist 10. says Seneca Wilt be seen of men or not A long dissimulation is never of right honesty So then these principles of dissimulation in an Ecclesiastical Uniformity ought not to be suffered by Princes Whence the necessity of testimonials to definite profession hath sprung in an Ecclesiastical Uniformity VII Last of all the necessity of Princes exacting the special sort of Testimonials mention'd in their Ecclesiastical Uniformities as well as in their other affairs hath sprung from the weaknesses and corruptions of men The simple vulgar have been always found so ductile and easily to be deceived and the lusts of Haeresiarks and Ring-leaders of Sedition have been in like manner found to have been so active and prevalently impetuous in all Societies that Princes have had reason to think that they could never too much secure the state of their affairs by any of those lawful ways whatsoever And these things will be sufficient for an answer to those who have thought that Christian liberty and liberty of Conscience and the like have been impeached by them CHAP. XII Of these Testimonials as Religious Bands And in what manner upon what grounds and to what things they oblige I. THe consideration of these Testimonials as Religious Bands II. First more generally III. And secondly more particularly IV. First under what particular notions and in what manner they oblige V. And that first as Laws VI. Secondly as mens own Acts passed VII In both these respects absolutely VIII Secondly upon what particular account they oblige IX First Antecedently upon the account of mens being Members of the National Church X. Secondly Consequentially also upon the account of their having exhibited them as such XI Thirdly by both these sorts of Obligation absolutely upon the account of the hurt ensuing from the contrary XII Thirdly and Lastly to what things they oblige XIII First the definite and indefinite to their different sorts of matter XIV Secondly mixtly both of them to the making use of the Instruments of the Uniformity XV. Thirdly to the continuance in Profession XVI Lastly to the not divulging mens opinions to the publick hurt I. HAving thus then absolv'd the consideration of these testimonials as such The consideration of these testimonials as Religious bands I come next to consider them as Religious bands and tyes upon mens Consciences And that also in relation both to the common and special sort of profession mentioned And that 1. More generally and secondly more particularly II. First more generally First more generally And so 1. That they are intended both sorts of them to oblige in
others both Pro and Con concerning the matters mentioned are tolerated And in some both of those Churches and the other of the Roman communion there is a mixture of professions both tollerated and countenanced in their several degrees As in France Holland Poland and the like Countries at this day And every State Acts in this matter according to its present occasions III. But I intend not here only to give particular instances of these things The restraints and Liberties common to all Churches here to be laid down The position or removal of either of them will evidence the other The ways of mens divulging their opinions distinguished and referr'd to the restraints and liberties mentioned The Querie concerning the permission of mixtures of profession obviated but to lay down the restraints and liberties which are common and ordinary and ought to be so generally to all Churches IV. And because the matters of restraint and liberty are privately opposite therefore by the position or removal of either of them in relation to the members of Churches the other will be discern'd V. The ways of mens divulging their Opinions then are either more or less solemn The less solemn ways are by private Discourses Conferences and the like The more solemn by publick Preaching Printing and the like And concerning both these the restraints and liberties mention'd are to be assign'd VI. But first of all the Querie is here to be obviated Why outward profession taken in an abstracted sense in respect to either of these or the like particular ways of venting of Opinions mentioned since it is in it self one of the more solemn ways of such venting of them is in many Societies tollerated where perhaps either of the particular ways of either sort of them mentioned is not Answ The Answer will be from the consideration of the different effects of these several particular ways of divulging of Opinions upon the charge of the Magistrate and the state of humane affairs And that is that because that the ways of venting of Opinions by words either spoken or written are naturally apt and fit as to give men more particular informations so also to excite in them both more particular and also more vehement passions concerning things then general and abstracted profession is and so consequently where different matters of Religion are are more apt by far to hurle them into Religious contests so many ways dangerous to the publick Therefore it is that the way of contradictory divulging of Opinions by the mixture of professions is tollerated and that with safety to Societies as experience shews though not so compleat as it otherwise might be where notwithstanding the other wayes of so divulging them by words at least to the same degrees of solemnity are denyed to men For by particularities and vehemencies both in matters of Religion and others are the most irregular and dangerous passions stirred up amongst men Lib 2. Cap. 9. §. 8. ad fin And to this topick is the use of those extreams heretofore mention'd in the Roman Church viz. of prohibiting Books in the vulgar tongue of establishing the doctrines of the use of Images general devotion implicit faith and the like to be referred if any man will seek after a reason of them The more particular restraints and liberties laid down First as to the matter of mens opinions VII These things then being thus said we come next to the assignation of the more particular restraints and liberties mentioned And those are VIII First of all as to the matter of mens Opinions And so first in respect to the Canon and Liturgy some things perhaps are not defined neither by the Canon nor Liturgy nor otherwise And so are neither doctrines nor prescript forms of worship of the National Church And in such things there is in all Churches ordinarily a greater liberty of divulging mens Opinions supposed to be conceded to them so in the Church of Rome as to their learned mens actual debating points not defined and the like in other Churches proportionably and according to their several particular constitutions The general Rule still being heeded of the publick charge of the Magistrate it s not being damnified neither by the breach of the peace nor otherwise 2. Some Opinions perhaps are dissentings from the Canon proper to the case of indefinite profession and men are to be very wary of divulging them to the hurt of publick authority by which the whole Society is preserved 3. And lastly Some Opinions also are differences about the Canon proper to the case of definite profession And there is usually supposed to be a lesser degree of restraint held over the divulging of them Secondly the matter of mens Opinions is considerable also in respect to Religion And so 1. Some things are controversal and dubious and the like and so fit to be debated only ordinarily in Academies and places of Learning amongst Schollers and persons intelligent And it were no matter if such controversies were to a degree fitting permitted in Churches if it were but to keep wits in ure and imployment and to provide Champions for those Churches upon occasion Apud Flor. Lib. 2. Cap. 15. As Nasica gave Councel concerning Carthage That it was not to be raced That the Roman People might always have an Enemy to contend with But the great caution in this matter is that the people are not to be called down into these Sands in the mean time The common Adage were better for their Letany A medicorum Recipe A Juris Consultorum excipe A Theologorum distingue Libera nos Domine That they should pray to be delivered From the Receipts of Physicians The Cases of Lawyers And the distinctions of Divines Secondly some things are practical and such as concern good life and Godliness And Scripture and Reason and Prudence will allow a greater liberty about them Mens divers notions concerning them may tend to edification ordinarily and not to destruction IX In the second place we come to the liberties Secondly as to the manner of divulging them in respect to the manner of mens divulging their Opinions And so also 1. It should be with humility and submission and not on the contrary with pride and confidence and singularity and the like at least before the people 2. There is a less degree of liberty conceded to intemperate zeal and undue vehemence of assertion and the like Not that it is at all the intent of the Uniformity to extinguish the Noble and Generous heats of such zeal as is truly Christian but only to regulate it when it is unduly exerted Where is mens zeal for practical Godliness for the evident duties of the second Table The thoughts of these things do use to be buried many times as deep as the centre under the dusts of unprofitable and perhaps malignant Opinions which use to be raised when men have a mind to innovate in Societies and to gain the trophies of honour and
temporal emoluments out of the hands of others 3. Passionate expressions and sharp reflections on others should be laid aside also The Apostles themselves were fain to observe such rules as these for the preservation even of their first Christian Churches Phil. 3.15 If in any thing says St. Paul ye are otherwise minded God shall reveal even this unto you And reflections and passions when once grown popular and common are like the risings of the waves at Sea before a tempest and do argue commotions and storms to be approaching in Societies X. In the third and last place Thirdly as to persons divulging of them also the quality of the persons divulging Opinions is also to be heeded And so 1. Young men are supposed to be advised to a greater silence And men of mean and weak parts And for these principally is the use of Homilies appointed ordinarily in Churches 3. It is but reason that persons suspected or observ'd to be seditious disloyal and the like should be more narrowly watch'd over and more nearly restrained if there be occasion And then XI Fourthly and lastly all these sorts of persons and things Fourthly and lastly as to the time of divulging them and the like to them are then most of all to be heeded when the present temper of the people is seditious and any ways inflamed either by some encreasing or decreasing Sect or Sects in Churches Only in some cases the heats of them are rather to be permitted to coole by degrees then that at once there should be endeavours used to extinguish them XII In the last place then the Magistrate Last of all the Magistrate hath the Supream Right and Power in all these things who hath the Supream and ultimate power of laying a restraint upon the divulging of mens opinions in the general hath also the same power of doing the same thing as to all these particular ways and cases relating to the divulging of them which have been mentioned Especially as to the more ordinary solemn ways of divulging of opinions 1. By preaching Lib. 3. Cap. 1. §. 17. and 2. By Printing 1. By Preaching as was mentioned above So it is both amongst Turks and Christians and all kinds of professions See p. 4. c. And the Laws of Geneva prohibit the setting forth of strange Doctrine in the Church and the like as was mention'd And in Holland at this day he that medleth with State matters in the Pulpit after two admonitions hath two Stivers and a pair of Shooes sent him if he do it the third time and is forthwith banish'd the Country De Origine Imper Turk Cap. De Sacerdotibus eor 2. By Printing And the use of the Magistrates Right of laying his restraint upon this too is in like manner common to all Countries and Professions and to some in the extream so says Georgieviz a-amongst the Turks Apud illos sane nullos vidi Typographos c. Amongst them truly I saw no Printers De Gradibus Episcopor in Graecia c. And Chytraeus of the Constantinopolitan Greeks Typographiam nunquam habuisse creduntur That they are believed never to have had Printing amongst them And of the Jews there Ibid. Habent enim Judaei Prelum sed ut plurimum cessans That the Jewes have a Press indeed but for the most part not going And De Ruffor Rel. c. Davidi Chytraev Paulus Oderbornius of the Tartars Si Alcoranum vel alium quemvis librum Typis Editum hic videre licuisset eum certe vel magno pretio comparatum ad te misissem If I had here seen the Alcoran or other Book set forth in Print although I had given a great price for it truly I had sent to you And if we look nearer amongst the European Christians Capit. Lib. 1. Lege 78. Pseudographae dubiae Narrationes c. ne credantur nec legantur Let not libellous and offensive Papers either be believed Hist of Russia Chap. 21. or read say the Lawes of Charlemain And of the Russians Fletcher Some years past in the other Emperours time there came a a Press and Letters out of Polonia to the City of Mosko where a Printing house was set up with great liking and allowance of the Emperour himself But not long after the house was set on fire in the night time c. And in the Roman Church it is part of the Office of the Inquisition to regulate Books and Printing And in the Acts of the late Synod of Dort the regulating of Printing was one of the first things which the Synod took into consideration Putamus rem esse omnino necessariam saluberimam ut Licentia Typographorum reprimatur c. We think it to be a thing altogether necessary and most wholsome that the License of Printers be restrained say the English Divines Vid. Acta Synod Sessione 22. Chap. Of the Ministers Hist Inquisit Chap. 29. and so the others And the Discipline of the Dutch Churches If a Minister have the gift of writing any thing for publick Edification he shall not put it in Print without the examen and approbation of the Classis And last of all the matter of Books saith Father Paul in the case of Venice seems to be a small thing because it treats of words But through these words come opinions saith he into the world which cause partialities seditions and finally wars They are words it is true but such as in consequence draw after them Hosts of armed men CHAP. XV. Of the Supervisors in an Ecclesiastical Uniformity I. THe Reasons for the Supervisorship in an Ecclesiastical Uniformity II. The several sorts of the Supervisors distinguish'd III. The Supreme Supervisor assign'd And the Reasons for his being so IV. From whence he derives his Right V. The Deputative Supervisors further distinguish'd VI. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or office of a Bishop in the Christian Church VII The matters to be Supervis'd by these Supervisors VIII The care to be taken in the Supervising of them IX The Ecclesiastical Tribunals for the exercise of that care X. And the stated Circuits for Visitation XI The last Appeals ought alwayes to be made to the Cheif Magistrate I. THe matters of an Ecclesiastical Uniformity then being of so great weight as hath been all along hitherto declared The Reasons for the Supervisorship in an Ecclesiastical Uniformity and the corruptions and weaknesses of men being so apt to intermingle with them and to busie themselves about them it is but reason that a superiorship should be Constituted in relation to them and which is necessary to the Application of the more particular powers and to any due care to be taken about them Non tantum decenter leges ferre summo bono est sed etiam sancita accurate custodire ad effectum deducere C. In Constitutionibus Imperator Tiber. De Provinc Praesid Constitut 3. The several sorts of the Supervisors
And Plato in his Tenth of Laws finds fault with those who speak openly against the Gods and their Worship And Horat. Carm. Lib. 3. Ode 2. Vetabo qui Cereris Sacrum Vulgarit Arcanae sub iisdem Sit trabibus fragilemque mecum Solvat faselum I will not suffer him who shall divulge the Holy Rites Of mystical Ceres to be with me under the same Roof or in the same Voyage At Sea V. Doctrines expressed in general terms only in the Scripture The Third ought to be expressed in such general terms also in the Canon and Liturgy Infra Cap. And that because they in such things ought to be regulated by Scripture as will be hereafter said And then the very generality of the terms in the Canon and Liturgy intimates a liberty of mens variation in their next and immediate notions about them Such is the doctrine of Christs descent into Hell See Article 3. in the English Canon of Doctrines Nay and even in the things most particularly declared by any Canon on its part it doth not tye men on their part to any one only particular and immediate conception concerning them as shall be also hereafter evidenc'd Infra Cap. VI. Mens private Opinions cannot come under the Magistrates Cognizance because he cannot know the thoughts The Fourth And therefore it is impertinent for him to intend his Canon and Liturgy for the immediate restraint of them Wherefore Cogitationis paenam nemo patitur sayes Vlpian That none suffer punishment of thought F. De paenis Lib. 18. Ibid. De injuriis famosis Libel L. Item apud ¶ 8. And in the case of slander Non omne maledictum convitium esse sed id solum quod cum vociferatione dictum est That every evil Speech is not presently a slander but that only which is uttered with out-cry and aloud VII In the first and last place The Fifth and last no mortal man hath any right to oblige another to any particular senses propounded by him in any doctrines of Religion God himself doth not oblige men to impossibilities in Scripture much less is any man invested with power either of himself or by any other to do it Secondly positively and that as to those ends both mediate and immediate What are those immediate ends in order to the first general end of them The first of them in respect to each of them distinctly VIII This being then not the intent of the Canon and Liturgy in order to their general ends I come positively to assign what are the more particular aimes and intents of them And that both mediately and immediately IX First What are the more immediate ends of them in order to the preservation of the publick welfare of Religion And those are X. First of all in respect to each of them distinctly 1. In respect to the Canon of Doctrines the first of this sort of ends of it is To exhibit a summary of the Doctrines of the Christian Religion and that both as a confession of Faith in respect primarily to the Church National Representative and also as a Standard or Rule of Doctrine in respect to the Church National diffused 2. In respect to the Liturgy And the first of this sort of ends of it also is to be the ordinary instrument of Publick Devotion and Divine Service Worship and that both in respect to its instructing of the people in any of the Doctrines of the Canon it being framed according to it and also in respect to its performing any of the other Offices tending to the exciting of Piety and Affection in Relation to the practice of those Doctrines Such are the Offices which the Scripture it self performs in relation to these ends 2 Tim. 3.16 All Scripture is given by inspiration of God and is profitable for Doctrine for Reproof for Correction for Instruction in Righteousness c. And such also are the Offices that the Liturgy performs by its forms of Exhortations confessions of Sins petitions to Heaven and the like prescribed by it and also by its suitable Ceremonies of diversities of postures of body earnestness or humbleness of voice and the like annexed to them and enjoyned to be used either by the Priest or People at the performance of these things The second in respect to both of them mixtly Lib. 2. Cap. 1. §. 13. and 16. XI The second of this sort of ends relates to both the Canon and Liturgy mixtly and that is the maintaining of Charity and Peace in the National Church viz. as such Charity and Peace as hath been said above make so much to the benefit of Religion and are so much commanded in Scripture And which were they to be bought were rather to be purchased with essence of Gold then that they should be wanting in any Church The third and last XII The like also is the third and last end of them and that is the preventing and removal of contentions in relation to matters of Religion Lib. 2. Cap. 6. §. 9. and 12. And which contentions and opinion-feuds have been above also asserted to be so much hurtful to Religion and so much forbidden in Scripture What are those more particular immediate ends in order to the two last general ends of such a Canon and Liturgy also XIII The like also only under somewhat other considerations are the more particular immediate ends of the Canon and Liturgy in order to the preservation of the welfare of Government and the consistency of Religion with it viz. the Canons exhibiting any Doctrines of Religion concerning either of them and as making to the securing the welfare of either of them And the Liturgies instructing in them and exhorting to them and the like And both of them mixtly their maintaining Charity and Peace and removing contentions the one of these sorts of things as hurtful and the other as beneficial to either of them also The more particular mediate ends of them also assigned The first of them in respect to all the three generals and to each of the Canon and Liturgy distinctly XIV These then being the more particular immediate ends of the Canon and Liturgy the mediate follow And these also are XV. First in respect to each of them distinctly the Authorizing the Doctrines of the Canon to be taught and the Forms of the Liturgy to be used And that both of them in respect to the yet more mediate and particular ends and in relation to their accomplishing all their three General viz. that the means of Knowledge and Grace may be afforded to the people And that they may be instructed in the Doctrines concerning Government and the consistency of Religion with it For the Canon and Liturgy being thus each of them authorized and enjoyned by the Magistrate that which will follow will be that they will be made use of by the National Church and opened and taught to the people at the Publick Ordinances and
the Doctrines of them will be treated of more at large in Homilies Catechisms good Books Pieces of practise and devotion for private and retired use and the like And by these means the due respects will be kept up to Government and the consistency of Religion with it will be preserved And the salvation of souls will be provided for and the Life and Power of Godliness succoured Truly souls are precious and of infinite value both in themselves and also in respect to their sublime capacity and immortality in another world they are like the pieces of Silver which the woman sought for with a candle in the Gospel And as Toledo said to the Legate from Rome in the Councel of Trent upon occasion That He had heard it often preached that the saving of one Soul was so dear to Christ See Hist of the Councel of Trent Lib. 4. prope fin that he would descend again and suffer on the Cross to gain it But in the mean time an Ecclesiastical Uniformity while it lays but the due restraints upon these things which we have mentioned according to the divers exigencies and occasions of Countries is unjustly accused of suppressing the power of Godliness XVI The second The Second of these mediate ends is in respect to both the Canon and Liturgy distinctly also viz. the obliging men to the publick profession in respect to the Doctrines contained in the Canon and to the use of the publickly authorized Forms in respect to the Liturgy And both these for the procuring of that Peace and Charity the great medium for the procuring of which such an Unity of profession and of the use of publick worship Lib 2. Cap. 7. §. 9 10 11 12. were said to be above and which Peace and Charity are so beneficial both to Religion and Government and the consistency of Religion with Government as was said above also and so much commanded in Scripture And it is certain Lib. 2. Cap. 1. §. 13 14 15 16. that not only an unity of profession but also a customary use of the very oneness of words and syllables in a Liturgy is in the respect which it hath to Humane Nature promotive of Charity There is a notable relation in Plutarch to this purpose concerning a crafty King De Iside Osirid Who guessing at his Enemies the Aegyptians their being too strong for him if they agreed in their minds and Councels and should band together took this course He enjoyned each Country to worship divers Beasts which were enemies by Nature and would prey upon each other And the effect of it was this That Whilst every one defended his Beast at last it came to pass that by the enmity of their Beasts the people themselves at unawares became such enemies one to another that he easily subdued them XVII Last of all The Third and last the third and last of these mediate ends of the Canon and Liturgy are in respect to each of them distinctly also And that is in respect to the Canon its restraining men from the open divulging of their Opinions in order to the contesting them and in respect to the Liturgy the restraining them from the use of diverse sorts of worship and both these in order to the preventing and removal of contentions for the preventing of which such a restraint was above assigned to be the only necessary means Lib. 2. Cap. 7. §. 15. Lib. 2. Cap. 6. §. 9 10 11 12. and which were said to be every wayes so hurtful both to Religion and Government and the consistency of Religion with Government and so much also forbidden in Scripture Two appendant Questions resolv'd XVIII Here then come to be debated the several particulars concerning a restraint its being laid upon the use of the Sacred Ordinances of God We shall only absolve two Questions or Queries concerning them 1. Concerning the manner of using them in Publick 2. Concerning the simple use of them more privately The first of them XIX First in what manner in the general they are to be made use of in the publick and what are the circumstances that are to attend such the use of them and particularly to what degree the use of them is to be extended viz. of what length the ordinary prescript form of Divine Service and the other Offices in the Liturgy ought to be how frequently Preaching or Sermons are to intervene and be had either on the more solemn stated Sabbaths or other Festivals or on any other the like dayes of publick convening in any Church Answ 1. Circumstances attending the Ordinances of God and the manner of using them are ordinarily said to be of two sorts either natural or voluntary and instituted The Natural are only secondarily and dependently so i. e. such as are taken Naturally to cohere with things only in relation to their being according to the received customes of any Country The voluntary are those which are instituted more ad libitum and if they be throughly considered they rather are to be said to differ only in degree then in kind in this matter from the former Both because they are supposed to be suitable to the things signified and meant by them and also because there is alwayes supposed to be a reason for the Humane appointment of whatsoever circumstances shall attend so weighty matters as the Sacred Ordinances of God 2. The particular wayes and manner in which the Ordinances of God the means of Knowledge and Grace mentioned are to be used and as attended with these circumstances in any Church are left undetermined in the Divine Law of the Christian Religion And there are only the general Rules laid down concerning all such things in the external regiment of the Church viz. of doing all things decently and in order 1 Cor. 14.40 and 26. to edification of serving God with reverence and Godly fear and the like But the modification of these generals when reduced into particulars is left to the diverse conditions and occasions of particular Churches pro hic nunc and according to present circumstances of affairs And it was impossible that it should have been left otherwise considering the diversities of the necessities of Countries every way and that the Christian Church was intended to be spread over all the world 3. The putting these matters into form then in every society is left supreamly and principally to the Supream Magistrate And he hath a right to the doing of it as he is the person who ought to have the framing of the Ecclesiastical Uniformity in his Society as was above mentioned partly by vertue of his Supream Power over all and partly by vertue of his indirect power in Spirituals Vid. Lib. 2. Cap. 10 §. 2. and 4. Hence the diversities of customes and ceremonies attending the Divine Service in divers Churches Hence the Canonical hours and the like Only the Magistrate is to see that his Divines assisting him