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A37249 De jure uniformitatis ecclesiasticæ, 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 / by Hugh Davis ... Davis, Hugh. 1669 (1669) Wing D417; ESTC R5997 338,525 358

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affairs bear to them these things So in the Church of Geneva The Laws and Statutes Lee the Laws and Statutes in Princip appoint their Evangelical Ministers to protest to receive and retain the Doctrines approved in the Church before they be admitted to the Ministry And in the Oath taken by them before the Syndieques and Councel Ibid. Paulo post p. 9. sub Tit. Here followeth the persons c. they are obliged to conserve and keep the Vnity and Concord of Doctrine and if any differences therein happen to refer them finally to the Magistrate and the like And although they prescribe a Directory onely both for their Church and Family Prayers in some particulars Ibid. in fine In the third Proclamation Ibid. sub Tit. The order which ought c. and as expecting by that sufficiently to provide for the Peace of their Little Territories yet of necessity they prescribe a form in other particulars and they no where declare against the use of Liturgy by other Churches The like is to be observed in the Churches of the Low Countries the Ministers are appointed to subscribe The confession of Faith and the Catechism used and authorized in the Reformed Churches of the Vnited Provinces See the Corpus Disciplinae Cap. 1. in princip Cap. 4. in princip Postea p. 12 13 14 c. and also the doctrinal Decrees of the Synod of Dordrecht in the Year 1619 and to submit themselves to the Synod And the Corpus Disciplinae sets down also their directive prescriptions for the celebrating of Divine Service and the forms of Prayer and of other things for the administration of Baptism and the performance of other Offices in the Church The like to these things also were those said to be presented to the High Court of Parliament for the Reforming of the Church of Scotland not long since In the pattern of Reformation See the Reformation of the Discipline and service of the Church c. Edit London 1643. was set down the confession of Faith used in the English Congregation at Geneva to be assented to and the prescript forms of Common Prayer and of other things to be used in the Publick Divine Service And the like things are to be observed in the publication of the Doctrine and Discipline of the same Kirk Printed by Robert Young Anno 1641. See the first Book of Discipline for prophesying c. alibi Curiosity of bringing in strange Doctrine is to be noted and the like And last of all the like things are in use in the present Church of England The Canon of Doctrine in that Church is that body of Doctrines which is ordinarily called the nine and thirty Articles and the Liturgy is framed according to it IX The History of the English Uniformity and of its Canon of Doctrines and Liturgy is here worthy the noting briefly The History of the English Uniformity and of its Canon of Doctrines and Liturgy See the Praeface to Rogers on the 39. Articles and by those that will the better understand the affairs of it The present Uniformity for the most part of it was at first set up by godly able and impartial men in the time of King Edward the sixth And they had this advantage at their then departing from the Uniformity of the Church of Rome That the Publick Affairs of the Kingdome and the present state of them did permit their fixing in a mean and betwixt the extreams in this matter And they endeavour'd it accordingly and have left their posterity to Glory in it to this day They were the words of a King who suffered Martyrdom in the defence of the English Church and the Religion establish'd in it and left this Advice and Testimony behind him to his present Royal Successour in the Throne See his Letter to the Prince of Wales I have tryed it and after much search and many disputes have concluded it to be the best in the world not only in the community as Christian but also in the special Notion as reformed keeping the middle way between the pomp of superstitious Tyranny and the meanness of phantastick Anarchy And many the like Testimonies in this matter of meaner persons might be added After the days of Edward the sixth and in the time of Queen Mary this Uniformity being intermitted at the coming of Queen Elizabeth to the Throne it was again revived and promoted In her dayes first began the Domestick oppositions of some of those of the Reformed Profession to be made against it And they quickly were made Popular and the Effects of them are felt to this very day The Grand Posts of Controversie have been the Episcopacy the Liturgy and the Ceremonies And the two latter it is evident in order to the subversion of the former And the Original of those oppositions made against them is judged by wise men to have proceeded from impressions received abroad by some of Queen Maries Exiles and especially at Geneva So sayes the wise and moderate Discourse Re-printed in the year 1641. Vid. p. 42. said to be the Lord Bacons The fourth and last occasion sayes he of these Controversies is the partial affectation and imitation of Forraign Churches For many of our men during the time of Persecution and since having been conversant in Churches abroad and received a great impression of the Government there Ordained have violently sought to intrude the same upon our Church c. Vid. passim And first published Anno 1575. and reprinted 1642. See the first and second Admonitions Aano 1573. Supra Lib. 2. Cap. 1. §. 6 7 8 9. The Authors of them being Imprisoned See the Admonitions Answer See his modest and reasonable Examination c. Cap. 1. p. 21. c. See Mr. Sprints Cassander Anglicanus p. 1●3 and his Reply annexed p. 269. And the History of these mens Conversation abroad is to be seen much of it in the Book called The Troubles at Frankford These Oppositions then being thus once made and made popular innumerable Pamphlets in the said Queens dayes flew about And amongst others those of the greatest note were the two Admonitions to the Parliament The Fallacies and other faults of the first of which were discovered by Dr. Whitgift in his Printed Answer to it And all these things being thus on foot the ordinary causes of such Religious contests heretofore in this Discourse mentioned must needs be supposed to work together with them on both sides viz. the Vulgars mistakes in Religion the collision of passions like Flints striking fire out of one another the mixture of worldly interests and the like and the weaknesses and corruptions of men were the oyl to all these flames Till the dayes of King James then these oppositions still grew on The opponents admonitions had been rejected before by Queen Elizabeth's Parliament the fallacies of them as is said discovered their making their Discipline a third Note of a Church derided with
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
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
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.