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

govern'd in a divers kind of government for the Counsellour governs the King by perswading He that is skill'd in Naturall right by declaring divine Law the Physician and Pastor both wayes yet hath the King command over them all and that the Highest The Government by consent although Constitutive is also subject to the Empire of the Highest Powers because no man by consenting can conferre upon another more right than he had himself For this Obligation arising from the Liberty of every one is not larger than that liberty but they have not liberty being single to do any thing against the Command of the Highest Power except the things which God commands therefore they have no right to bind themselves so farre Besides two Constitutive Governments ●unlesse subordinate one to the other cannot consist nor can any Subject be obliged to contraries as before is said which is the reason why the Paternall and Priestly government of the Old Testament for the Aaronicall Priesthood was never without Authority was by God subjected to the Royall Lastly that Authority which is allowed to Pastors by the Supreme being both subject to it and wholly proceeding from it is so farre from overthrowing that it plainly confirmes the right of the Supreme for the cause is known by the effects and that which gives Authority to another hath it selfe more Authority CHAP. V. Of the Judgement of the Highest Powers about Sacred things THe Authority of the Highest Powers about Sacred things being clear'd wee come to that which pertains to the right use of this Authority The Commands of Authority must proceed from Judgement Judgement properly denotes the act of a Superiour defining what is just between two parties and the Highest Judgement is that of the Highest Power for the Lawes and Decrees thereof cannot be nulled or repealed by any Higher although obedience to such Lawes and Decrees be not absolutely due but so farre as it may be given without violation of Gods command Now as the Authority is extended to Sacred things as well as Secular so is the Judgement too according to which the Authority is used Indeed some Kings and Emperouss have seemed to reject from themselves the Judgement concerning Religion but that was either because they found themselves unfit and unable to performe that office or else they meant only as the Great King of Britan interprets his own words and some of the antient Emperours that they did not arrogate to themselves as the Pope of Rome doth a Judgement infallible The truth is all Humane Judgement is subject unto error and unlesse we will take away all Judgement out of the world we must acquiesce in some Highest whose errors are to bee reserved to the Judgement of God If you grant this Highest Humane judgement I speak not of Directive judgement but Imperative it will not follow thence that Pastors and other Christians may upon the judgement and command of the Highest Power omit the necessary duties of piety and charity for as above hath been shewed the commands of the Highest bidding or forbidding whether in Sacred things or Secular bind us not to doe or omit any thing against the Law of God either Naturall or Positive but only to suffer and that only where the paine cannot be avoided but by contrary force The Supreme Judgement of Christ doth no more deny this Judgement of which we speak than his Authority the Authority of the Highest Powers Legislation carrying with it by its own vertue the reward and punishment eternall and finall judgement according to that Law is the Prerogative of Christ alone In the meane time Christ speaks by his Spirit by Divine Judgement yet doth not Humane action follow that Judgement unlesse Humane Judgement be interposed Which as it belongs to every Christian in respect of his private actions so in respect of publike and of private that are govern'd by publick Authority it belongs to the Publick Powers and to the Highest in the Highest degree Brentius long ago● saw this whose words are these As a Private man hath a Private so a Prince hath a Publick Power to judge of the Doctrine of Religion and to decide it They that make the Scripture Judge think rightly but speak improperly for if we speak exactly the Scripture is the Rule of judging and the same thing cannot be both the Rule and the Judge In the same kind of speech the Law is said to Judge no man unheard and The word which I speak saith Christ shall judge them at the last day To the Pastors and others that have their senses exercised in the Scripture and to the Churches but especially and in the Highest manner to the Catholick Church agrees a Judgement concerning Sacred things for every one as Aristotle saith rightly judgeth of those things which he●●nder standeth But this Judgement is of another kind for it leads the way to their own actions and the actions of others by directing not by commanding And it is not absurd to grant two Highest Judgements of severall sorts such as are the directive Judgement of the Catholick Church and the Imperative of the Highest Power for there is no Judgement among men higher in esteeme than that none higher than this in Power Now seeing there are two enemies unto judgement ignorance and ill-affections to the end the Supreme Governour may rightly exercise the Judgement that belongs unto him he hath need both of knowledge in Sacred matters and of a mind truly Religious things so united one to the other that Religion encreaseth knowledge and knowledge Religion as Lactantius hath plainly shewed There is in Tacitus an excellent forme of Prayer for the Emperour that God would give him an intelligent mind both in Humane and Divine Law But as far as Divine things excell Humane so much more glorious more profitable and more necessary is the knowledge of Divine things than of Humane Therefore is the King so strictly charged to write himself a Copy of the Law to keep it with him and read therein all the dayes of his life and to Joshuah saith God Let not this book of the Law depart out of thy mouth but meditate therein day and night and in the 2 Psalme 10. verse which evidently respecteth the times of Christ Be wise O ye Kings be learned ye Judges of the earth The pious Hebrew Kings of old obeyed these admonitions and so did the Chiristian Emperours Theodosius and Valentinian Among other cares which our vigilant Love of the Common-wealth hath imposed on us we perceive the principall care belonging to the Imperiall Majesty is the search of Religion by the conservation whereof we may hope for successe in all our enterprizes And saith Justinian Our greatest sollicitade is concerning the true knowledge of God and the honour of his Ministers These precepts and examples prove that the King ought to be skilfull in Religion Yet there are some that Object and say it

HUGO GROTIUS OF THE AUTHORITY OF THE HIGHEST POWERS About Sacred things OR The Right of the State in the Church Wherein are contained many judicious Discourses pertinent to our Times and of speciall Use for the Order and Peace of all Christian Churches Put into English by C.B.M.A. The Method of every Chapter is added in the margent and collected at the end LONDON Printed by T.W. for Joshua Kirton and are to be sold at his shop in Pauls Church-yard at the signe of the Kings-Armes 1651. Upon the Author and his principall Works He who the Greek wise Sayings did translate With equal Pen to Latium Vindicate From Jew Turk Pagan our Religion's Truth As learned as the Aged in his Youth He who th' Hollandian States Piety Presented unto every impartiall eye Who in the Lawes of Peace and War all Nations Hath well instructed And in 's Annotations On the whole Book of God hath made that light Shine to unprejudiced mindes more bright He that was studious how to reconcile This and that Church in mild Cassanders slile Hath shown what doctrine was Pelagius Who 's older Calvin or Arminius Is ever like himself Here which is much He 's Moderator ' twixt the State and Church And clearly shews you when you may prefer To th' Ancient Bishop the young Presbyter And when that new Invention may please By Elders Lay to give the Pastor ease We'ave set it out with just Care lest we might Wrong th' Author who hath done the State such Right C. B. THE CHAPTERS I. THat Authority about Sacred Things belongs to the Highest Powers II. That this Authority and the Sacred Function are distinct III. Of the Agreement of things Sacred and Secular as to the power over them IV. Objections against the Powers Answered V. Of the Judgement of the Higher Powers in Sacred things VI. The manner of using this Authority rightly VII Concerning Synods or Councils VIII Of Legislation about Sacred things IX Of Jurisdiction Ecclesiasticall X. Of the Election of Pastors XI Concerning Offices not alwayes necessary XII Of Substitution and Delegation To the Illustrious Pair my Lord and my Lady CHANDOS Right Honourable IT is the Great Name of the Author not any worthiness of the Translator that gives this Book a capacity of so high a Dedication The Author born in a low Countrey hath by his excellent works both Divine and Humane raised himself to the just Repute of the most General and the wisest Scholar of his time So that it is become a character of an Ingenuous Student as it was said in the last Age of his Country-man the Great Erasmus to be well versed in the Books of Grotius Out of whose Magazine our best English Writers to their praise have borrowed some of their best furniture The Argument of this Work is worthy the study of Princes and Great Persons From whom certainly God expects a greater care of his Churches Peace and Order To which purpose the Grave Author hath here said some things first of all some with a better Grace than any other and some that although they have been said very well by our own Men yet perhaps will be better taken as the English humour is from the Pen of a stranger The Translator's Designe is partly publick in this scribling Age wherein yet we have need of more good Rooks to Out the many bad ones to cast in his Mite into the Treasury of the Church of England whom as the Moderate Author much honour'd so He professeth himself to be one of her poor Children partly private by this Dedication of it with Himself to your Honours to leave a Gratefull Monument and a lasting Monument he hopes in those Gracious Hands that have supported him in his worst and weakest Times May Your Honours Both live to see the Publick Breaches both of Church and State fairly made up and particularly the Ruines of your Sudely And may Your illustrious Names and Vertues live after you and be increased in your Children So prayeth Right Honourable Of all your Servants the most obliged the most humble BARKSDALE Sudeley Jan. 6. 1651. HUGO GROTIUS Of the Empire or Authority of the Highest Powers about Sacred things or in matters of Religion CHAP. I. That Authority about Sacred things belongs to the Highest Powers BY the Highest Power I understand a Person or a Company that hath Empire or Authority over the People subject to the Empire of God alone taking the word Highest Power not as it is sometimes taken for the Right it self but for Him that hath the Right as it is frequently used both in Greek and Latin To call such a person the chiefe Magistrate is improper for Magistrate is a name the Romans give only to inferiour Powers I said a Person or Company to expresse that not only Kings properly so called which most Writers call Absolute Kings are to be understood in that name but also in an Aristocracy the Senate or States or the Best by whatsoever other name For although there must be Unity in the Highest Power it is not necessary the Person be but One. By Empire or Authority we mean the Right to Command to permit to forbid We say this is subject only to God for therefore it is called the Highest Power because among men it hath none above it That Authority about Sacred things belongs to the Highest Power thus defined we prove First from the Unity of the matter about which it is conversant Paul saith He is the Minister of God a revenger to execute wrath upon him that doth evill Under the name of Evill is comprehended also all that which is committed in Holy things for the Indefinite speech signifies as much as the Universall which Solomon hath expressed A King that sitteth in the throne of Judgement scattereth away ALL evill with his eyes This is confirmed by a Similie for the Authority of a Father is lesse than of the Highest Power yet are Children commanded to obey their Parents in all things Thus doe the antient Fathers also reason when from that of Paul Let every soule be subject to the Higher Powers they infer that the Ministers of Holy things must as well be subject to them as other men although he be an Apostle although an Evangelist although a Prophet saith Chrysostom Whose footsteps Bernard following speaks in these words to an Archbishop If every Soule yours also who hath excepted you from the Universall And truly there can be no reason given why any thing should be excepted For if that which is excepted be subject to no Authority at all which who can prove there will follow confusion among the things exempted whereof God is not the Author or if it be subject to some other Authority not under the Highest Power there must then bee two Highest Powers distinct which is a Contradiction for the Highest hath no equall By this same Argument the Fathers disprove the multitude of Gods because that which is Highest is above

joyned 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall 9. Benefices not the Popes Patrimony 10. The Custome of Holland 11. All Patronages subject to the Highest Power 12. Inferior Powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox THE END An Advertisement to the Stationer SIR IF it be objected as a friend of mine conjectured it might that the work is any way opposite to the present Government speaking so much of Kings and Emperors The answer is That the Judicious Author distinguisheth between Kings absolute and such as are confind or bound up by Laws and cannot act without or against a Parliament See cap. 3. Sect. 8. So that This treatise doth not presume to dispute the States Authority 't is ill disputing with those that command Legions but presupposing that humbly shews them what they may and ought to doe on behalf of the Church And in the very first page you find all the Book is written of the Highest power whether King or Senate And these are the Authors words at the end of 15. Sect. Chap. 11. A Senate without a King is as it were a King This I thought sit to advertise to prevent jealousy Fare you well And remember 't is one of the best pieces of the excellent Grotius Courteous Reader These Books following are to be sold by Joshua Kirton at the Kings Arms in Pauls Church-yard Books of Divinitie and Sermons 1. THe Truth of Christian Religion proved by the Principles and Rules taught and received in the Light of the understanding in an exposition of the Articles of our faith commonly called the Apostles Creed written by a learned Author lately deceased in Folio 1651. 2. A Concordance Axiomaticall containing a Survey of Theologicall Propositions with their Reasons and Uses in holy Scripture by William Knight in fol. 3. Certain Sermons or Homilies appointed to be read in Churches in the time of Queen Elizabeth and now reprinted in folio 4. Compunction or pricking of heart with the time means nature necessity and order of it and of Conversion with motives directions signes and means of cure of the wounded in heart with other consequent or concomitant duties especially self-deniall All of them gathered from Acts 2.37 being the summe of 80. Sermons With a Postscript concerning these times and the sutiableness of this text and Argument to the same and to the calling of the Jewes By R. Jenison Doctor of Divinity in quarto 5. A plain Discovery of the whole Revelation of St. John in two Treatises 1. Searching and proving the Interpretation 2. Applying the same paraphrastically and historically to the text with a Resolution of certain doubts and annexion of certain Oracles of Sibylla by John N pier Lord of Marchiston in quarto 6. The Government and order of the Church of Scotland with an Astertion of the said Government in the points of Ruling Elders and of the Authority of Presoyteries and Synods in quarto 7. A Treatise of Miscelany questions wherein many usefull questions and cases of Conscience are discusted and resolved concerning the Controversies of these times by George Gillespie of Scotland in quarto 8. An Answer to the ten Reasons of Edmund Campian the Jesuit in confidence whereof he ●ftired Disputation to the Ministers of the Church of England in the Controversie of Faith by William Whitaker Doctor of Divinity in quarto 9. Jo. Hen. Alsieduis his discourse of the 1000. Apocalypticall years or the Saints reign on earth a thousand years Englished by W. Burton in quarto 10. Letters concerning Religion between the late Earle of Manchester Lord Privy Se●l the Lord Faulkland and Mr. ●a●●er Montaguc in quarto 11. Truth Asserted by the Doctrine and practice of the Apostles seconded by the ●estimony of Synods Fathers and Doctors from the Apostles to this day viz. that Episcopacy is Jure divino by Sir Frantis Wortley in quarto 12. An Answer to the chief Arguments for Anabaptisme by Doctor John Bastwick in quarto 13. Two learned Discourses 1. on Mathew 28.18 19. 2. on 2 Peter 2.13 written by a learned and worthy Gentleman larely dec●ased in octavo 1651. 14. Popular Errors in generall points concerning the Intelligence of Religion having relation to their causes and reduced into divers Observations by John D●spagne Minister of the French Church in octavo 15. New Observations upon the Creed with the use of the Lords Prayer maintained by John Despagne in octavo 16. The same in French 17. New Observations upon the Commandements by John Despagne 1651. 18. The same in French 19. The Abridgement of a Sermon preached on the Fast day for the good successe of the Treaty between the King and Parliament 1648. by John Despagne 20. The same in French 21. Sermon Funebre de Jean Despagne sur la mort de sa Femme in octavo 22. Advertissement touth out la fraction distribution du prin en la S. cene obmises en plusieurs Eglises Orthodoxes par Jean Despagne in octavo 23. A Monument of Mortality containing 1. A wakening for worldlings 2. Meditations of Consolation 3. Comfortable considerations preparing the sick for an happy change 4. A Mirrour of modesty with a reproof of the strange attired woman and the sacred use of Christian Funerals by M. Day Doctor of Divinity in octavo 24. Plain truths of Divinity collected out of the Sacred Scriptures particularly of the destruction of Antichrist and the time when the comming of Christ to Judgement and his raigning with his Saints for ever upon this earth after the restitution of all things by John Alcock in octavo 25. Herberts carefull Father and pious Child lively represented in teaching and learning a Catechisme made in 1200 Questions and Answers in which the Catholick truth is asserted and above 600 Errors Heresies and points of Popery are briefly consuted in octavo 26. Herberts belief and confession of faith made in 160. Articles in octavo 27. Herberts quadrupartite devotion for the day week month year made in about 700. Meditations and Prayers in octavo 28. Meditations on Christs prayer upon the Crosse Father forgive them for they know not what they doe by Sir John Hayward in octavo 1651. 29. Davids Tears or Meditations on the 6.32 and 130. Psalmes by Sir John Hayward in twelves 30. The Devotions of the dying man that desireth to dye well Written by Samuel Gardiner Doctor of Divinity in twelves 31. A Beautifull Bay-bush to shrowd us from the sharp showres of Sin containing many notable Prayers and Meditations in twelves 32. A Grain of Incense or Supplication for the peace of Jerusalem the Church and State written by John Reading in octavo 33. An Evening Sacrifice or prayer for a family necessary for these calamitous times made by John Reading in octavo 34. Character of true blessedness delivered in a Sermon at the Funerall of Mistris Alice