the Judges But Ministers have no remedy to help themselves there being none of the Clergy upon the Bench in any authority CHAP. II. Of the Government of the Church and State of Israel by Moses and Aaron and their Successors until Christ about 1500 years That there were not two several Iurisdictions one Ecclesiastical the other Civil WHen God delivered his chosen people out of Aegypt and conducted them through the Wildernesse towards the promised Land of Canaan He began first to publish his Law And by Moses delivered them many Laws in Five Books Whatsoever Lawes he gave either moral ceremonial or Judicial they are all contained in the Five books of Moses and no man could better understand them then the Priests and Levites For God made his Covenant with Levy of Life and Peace The Law of Truth was in his mouth The Priests Lips should preserve knowledge and they should seek the Law at his Mouth Mal. 2. 5 6 7. and so Ezekiel 44. 23. They shall teach my people the difference between the Holy and prophane and cause them to discern between the unclean and the clean and in Controversie they shall stand in judgement and they shall judge according to my Iudgements and they shall keep my Lawes and my Statutes in all mine Assemblies They being the principal Judges and Lawyers in that Common-wealth of Gods own Constitution And whereas it is now granted on all hands that there were three Courts of Justice in that Kingdome 1. The great Council of the 70. Elders 2. The Court of Judgement which was in in every good Town where there were many families 3. The Court of three or some few more The Priests and Levites were principal men both Judges and Officers in all Courts Scophtim Scoterim as 1. Chron. 23. 4. both to give sentence and judgement and also to execute the same So the Divines do affirm in their late Annotations upon 1. Chron. 26. 29 30. 2. Chron. 19. 8. 11. They did study the Judicial and politick Laws and had power to see the Law of God and Injunctions of the King to be observed and to order divine and humane affairs And they held also other honourable offices for we read that Zechariah a Levite was a wise Counsellour and Benjah a Priest Son of Iehojadah was one of Davids twelve Captains being the third Captain of the Host for the third month and in his course consisting of 24000. was his Son Amizabad Benjah also was one of Davids principal worthies having the name of the three mighties He was also Captain of the guard to David and after the Death of Ioab he was made Lord General of the Army by King Salomon in Ioabs room 1. K. 2. 35. It is recored 1 Chron. 26. 30. That of the Family of the Hebronists Levites there were a thousand and seven hundred Officers on this side Iordan westward in all businesses of the Lord and in the service of the King and two thousand and seven hundred chief Fathers and men of valour whom King David made Rulers over the Reâ—bonists the Gaditeâ—s and the half Tribe of Manasses for every matter pertaining to God and affairs of the King v. 31. 32. Whereby it manifestly appears that the same Judges and Officers being Priests and Levites most of them did hear and determine all sorts of causes pertaining to God and affairs of the King both Ecclesiastical and Temporal so that there was not several Courts the one Ecclesiastical and the other Civil as in these times some do affirm too peremptorily according to the Common practise and usage of these days as Godwin in his Moses and Aaron lib. 5. Beza Iunius and divers others with the Kirkmen of Scotland lately Rutherford Gillespie Baily and others So also the Papists generally who that they may establish the Popes Supremacy above Kings and their Common-laws do affirm that Regimen Ecclesiasticum est distinctum a politico as Bellarmine de Romano pontifice lib. 1. cap. 5. so our zealous party for the like ends and reasons would maintain a Government in the Clergy seperate from and independent upon the Civill Magistrate and such as ought to be directed and ruled only by the word of God and his Spirit ruling as they suppose in their classical Assemblies where they think the Throne of Christ is only to be advanced and all his holy Ordinances put in execution Whereas the King is Custos utriusqne tabulae and the Supremacy in causes Ecclesiastical as well as Temporal is acknowledged by our Statutes and annexed to the Crown For Execution thereof an Act was made 1. Eliz. cap. 1. But if the Statute had not been made to annexe the Supremacy to the Crown yet as the Lord Cook saith 4. Instit. p. 331. King Iames hath and Queen Elizabeth had before him as great and ample Supremacy and Jurisdiction Ecclesiastical ase ver King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Law of England if the said clause of annexation in the said Statute 1. Eliz. had never been inserted But Iohn Pym in his Speech in Parliament 4. Caroli as Rushworth hath it in his late Collections saith that the high Commission was derived from the Parliament As if the Parliament gave the King the Supremacy as a gift of their own and that it was not vested in the Crown but as they gave it so they may take it away when they please and suppresse the Court of high Commission as they have done The duty of the Court was to reform and correct all Heresies Schismes Abuses Offences Contempts and Enormities But now upon Suppression of the Court all Heresies and Schismes in the world are broke out and such abominable abuses offences and enormities as never were known in this Kingdome with allowance and toleration This follow 's upon the new light and doctrine of Iohn Pym and all the rest of the Presbyterians who have stirred up all these troubles and of late they called the House of Commons the Supream power of the Nation in all Addresses and Petitions made unto them It was a great Error of Calvin and Beza and many others that follow them to affirm that there was one Court Ecclesiastical and another Civil in Israel Calvin upon Ieremiah 19. 1. pag. 152. saith Scimus duos fuisse ordines publicos vel duplex regimen ut loquuntur sacerdotes erant praefecti Ecclesiae nempe quoad legem ita ut spiritualis esset eorum gubernatio erant seniores populi qui prae erant rebus politicis utriusque vero quaedam inter se communio Calvin understood only the plain Hebrew not the Rabbins and Talmud nor the Jewish Antiquities Therefore in several places he is mistaken as upon Numb 11. 17. Where God appointed first the 70. Elders to be joyned as Assistants to Moses He doth interpret the Text I will take off the Spirit that is upon thee and put
Causes shall belong to the Ecclesiastical Courts CHAP. VIII Some Observations out of the Civil Law in the Empire concerning the separation of Courts and some also out of the ancient Statutes as Selden hath recited them Lord Cokes defence of the Bishops being in Parliament and of the Convocation and High Commission and other Ecclesiastical Courts CHAP. IX The example of the late wars in Bohemia and Germany and France with the ill successes thereof to the Protestants might well have forewarned us in England The goodly Covenant of Bohemia might well have given us Caution to take heed of a Covenant without the Kings consent The Church Lands taken anay formerly are restored by the Emperor in many parts of Germany The Censure of Grotius upon the Presbyterians for their raising of armes CHAP. X. The Division of the Courts in the Empire and the manner of proceeding in them by the Bishops and the Ecclesiastical Lawyers under them AN APOLOGIE FOR The BISHOPS To Sit and Vote in PARLIAMENTS CHAP. I. Concerning Government Ecclesiastical and Civil in the State of Nature from Adam till Moses which was about 2500 years The same person was both cheif Magistrate and also Priest unto God GOD had a Priesthood alwayes from the Beginning of the World to perform the duties of his Worship and the â—â—ites thereof Adam was a Priest unto God to offer Sacrifice and to execute such duties as God required in his Service But Adam was also a King or Chief Ruler over all his Children and Posterity So after Adam Seth and the tighteous Patriarchs Enoch and others were Priests unto God as well as Princes and Magistrates and they taught Noah how to call upon God and how to serve him So Noah was also a Prince and also a Preacher of righteousnesse as the Apostle saith of him so that it was not incompatible or inconsistent for the same man to be a Magistrate Prince or Governour and also a Priest Melchisedech after the Flood was the first that was called a King and a Priest and so Christ is a King and a Priest after his order So that under the Law of Nature Kings were invested with a power Ecclesiasticall both of Order and Jurisdiction Therefore these things are not incompatible by Nature and thus it continued for the space of 2500. years from Adam till Moses Princes and Priests were formerly the same both Functions residing in the same person Majorum haec erat consuetudo saith Servius ut Rex esset etiam Sacerdos vel Pontifex unde hodie quoque Imperatoresâ—Pontifices-dicimus They that had the managing of affairs of State had also the executing of Divine offices and so received divine and holy duties and oblations which use obtained in the Families of the old Patriarchs Thus the Learned Montague against Selden cap. 3. p. 537. Ante Legem datam ad primogenitos pertinebat-offerre sacrificia Levitae successerant loco eorum And again to the same purpose Cultus divinus ante legem datam pertinebat ad Primogenitos Israel And again Sacerdotium fuit annexum primogenitur â— usque ad legem datam per Mosem As Lyra says reporting the received judgements of the best Interpreters Lyra in Numb 3. 12. 8. 16. in Gen. 14. Veteribus ordinarium perpetuum fuit ut qui Reges essent iidem etiam sacerdotio fungerentur as Bertram says cap. â— De politia Iudaica The Priviledges which in the Law of Nature followed the Birth-right were these three First the Government or Principality Secondly the Priesthood Thirdly a Portion answerable to maintain these dignities The same light may appear though much darkned in the ancient Government of the Heathen for Heathen Kings are witnessed in old times to have been Priests of such Gods as they served which ancient combining of these two offices in one person came from the ancienâ— practise in the time of the Law of Nature and from the light of Nature was received among the Heathens Abraham was a Priest in his own Family and in several places of his Peregrination he built Altars and places where he did call upon God and perform all duties of Gods Worship then requisite Abraham did offer Sacrifice as appears Gen. 15 9. 22 7. 2 7 8. Abraham was a Prophet Gen. 20. 7. and received many promises from God especially concerning Christ to descend of him and God gave him the Sacrament of Circumcision and established his Covenant with him God saith of him Gen 18. 19. I know him that he will command his Children and his Houshold after him and they shall keep the way of the Lord to do justice and judgement c. And as Abraham did so likewise did Isaac and Iacob after him who built Altars unto God which was as much then as to build a Church in these dayes and to provide a Minister to preach and pray and administer the Sacraments and perform all other duties of a Pastor Hence it appears fully that in the time of Nature there was not two several jurisdictions one Ecclesiastical the other Civil as is now among us But the same persons discharged both Offices and all Duties belonging to them And further it appears that the priests being the first-born and chief men had such honourable respect and maintenance that they were not reckoned among the lowest of the people and made the off-scowring of all things as now they are If the Clergy may not enjoy any temporal office or dignity they will be crushed down and oppressed in all publick occasions as they find it manifestly in these troublesome times when the neighbours of every parish do impose all Taxes Burdens and Charges upon Ministers more then they formerly used to do or in reason can be allowed But the Clergy have no means to help themselves having none of their own tribe in authority power or place of judicature as formerly they had whereby they could help themselves and restrain the Lay-men from imposing Burdens and charges upon them in excessive manner It is easie to shew particular instances and one of many shall be mentioned When all the Judges of the Land about 20. years agoe had given their opinions and directions in writing upon particular doubts to Justices of peace incident to their offices one doubt was how much and in what proportion a Minister should be charged for Levies to the poor The Justices in the Country and the Neighbours of the parish would taxe the Glebes severally from the Tithes and so augment the Levy to a great proportion both for Glebe and Tythes But the Judges appointed in their answer that Glebe and Tithes should be both taxed together at a tenth part of the Levy in regard Tythes are abated much by small rares and much Land is discharged of Tythes in kind But now in these troubles the Committee-men and such like impose Taxes upon the Glebes severally and Tythes also imposing a sixth or seventh part of the Taxe upon the Tithes which is contrary to the resolution of
it on him as if the gifts of the Spirit which Moses had were diminished in him and imparted to the 70. which is untruly said by Calvin for as Salomon Iarchis saith Moses in that hour waâ— like the Lamp that was burning on the candlestick in the Sanctuary from which all the other lamps were lighted yet the light thereof was not lessened any whit Deus ex Mosis Spiritu tollens quod aliis distribuit ignominiae notam qua dignus er at â— fligit minime dubium est quin diminutio notetur This is spoken very harshly and untruly by Calvin as learned Authors have shewed his Error herein So upon Deut. 17. 8. 9. 10. Where the Priests and Levites were appointed Judges in great matters between blood and blood between Plea and Plea and between stroke and stroke being matters of Controversie within thy gates Calvin doth so interpret as if the Priests and Levites were only to expound the Law to the Temporal Judges but not to sit as Judges upon the bench themselves with especial authority as the other Elders and Judges did Wherein he was much mistaken For the Priests and Levites were principal Judges in all matters and causes whatsoever not only Ecclesiastical but Temporal not only for explaining of the Law but executing the same The Learned Casaubon in his Exercitations upon Baronius 13. Sect. 5. shewed that the Priests and Levites were the principal judges in the genreal Council Hujus Conciliiea fuit institutio ut si fieri posset e solis Sacerdotibus Levitis constaret qui non erant e Tribu Iuda sed Levi itaque in Bibliis aliquando apud Iosephum appellatione sacerdotum intelligitur ipsum Synedrium Siâ— e numero sacerdotum aut Levitarum non reperirentur qui definitum Iudicum illorum numerum impleâ—ent tum demum aliis Iudaeis aditus in Synedrium patuit nulla Tribus habit a ratione Hoc Maimonides declarat c. Bancroft in his Survey cap. 25. doth fully shew the error of Calvin and Beza in dividing the Courts and doth accurately conâ—ute them to whom I refer And further of late the excellently learned Grotius hath also accurately cleer'd the point Quod quidam arbitrantur duos fuisse senatus summos Iudeorum alterum qui civilibus alterum qui Ecclesiasticis negotiis praeesset de eo quid â—obis videatur alibi erit dicendi Locus in Mal. 2. which he doth perform upon Mal. 5. very exactly Cum pingue haberent otium non tantum omnialegis sed medicinae aliarumque artium diligenter ediscebant ut Egyptii sacerdotes ideoque primis saeculis ex illis ut eruditioribus senatus 70. virûm legi maxime solebat Grotius in Deut. 17. and so in Mal. 5. Cum sacerdotes opimo fruentes otio omnibus sapienentiae partibus prae er caeteros operam darent aequum erat ex horum numero aliquam-multos allegi in ordinem illum cui jam suprema etiam judicia credita fuisse diximus quanquam neminem fuisse qui originis dignitate eum locum sibi posset vindicare scripsit Maâ—monides c. Florentibus Hebraeorum rebus fieri aliter non poterat quin in sacerdotum classe plurimi râ—perirentur digni eo loco His addebantur alii qui in aliiâ— tribubus doctrina sanctimonia eminebant Quamobrem Moses Deut. 19. 17. De falsi testimonii cognitione agens senatum hunc describens sacerdotes judices nominat alibi etiam de exploranda diligentia judicum inferiorum in cognoscendo homicida ipsi sacerdotes tanquam ejus senatus pars praecipua nominantur c. Hoc ipso in loco Deut. 17. 8 9 non distinguuntur caâ—sarum genera neque vero causae ullae nominantur quae proprie videri possent sacerdotales sed si quid controversi incidisset de homicidio de lite de vulnere jubenâ—â—â— adire sacerdotes c. neque vero alia fuerant judicia sacerdotis alia senatus id enim omnes Hebraeorum Magistri constanter negant And much more he addeth out of Iosephus and doth also accurately expound the Texts 2. Chron. 17. Concerning Iehosophats reformation and placing of Iudges in Ierusalem as also the Text in the prophet Ier. 26. where some priests do accuse the prophet and the Princes do absolve and free him So in his Book De imperio summarum potestatum cap. 11. Sect. 15. He doth accurately handle this Question Ubi explicantur Iudeorum tum minora judicia tum magnum ostenditur apud Iudaeos eosdem fuisse qui de sacris profanis jus dicebant quae sint negotia Dei quae Regis So Bertram a learned Lawyer De politia Iudaica cap. 9. So Sigonius de Repub. Hebr aeorum lib. 6. c. 7. So Scuetetus in his Exercitations lib. 1. cap. 54. So Schickardus de jure regio Hebraeorum c. 1. pag. 9. 10. So Selden in his Uxor Hebraica cap. 15. Quod vero à nonnullis iisque alioquin doctissimis obtenditur Presbyterium fuisse singulare quoddam forum apud Iudaeos quod de Religione rebus saeris solùm cog nosceret qualé apud nos dicitur Ecclesiasticum â— doctrina Talmudica atque ab ipsa veritate est longe alienissimum pro diversitate jurisdictionum amplitudinis idem ipsnm ubique in ea Republica seu Ecclesia forum de rebus sacris ac Religione judicabat quod de profanis seu quae non sacrae And since this Selden hath more fully proved it in his books De Synedriis Iudaeorum to which I refer and further the learned Dr. Hamond hath most accurately proved and illustrated it in his Annotations on the New Testament as on Luke 3. and Acts 4. and other places that there needs no further proof Selden in his Preface to the first Book De Synedriis pag. 9. terms it Duplex seu Bifurcatum in Christianismo regnum seu imperium Politicum seu Magistraticum ut appellitari amat Ecclesiasticum ab illo prorsus sic distinctum quasi Binos quis fingeret soles c. CHAP. III. Concerning the Union of the Courts of Iustice in the time of the Saxon Kings after they were converted to the Faith The Division of the Courts being brought in by William the Conquerour as appears by his Statute THe union of Courts continued from the beginning of the World for four thousand years as Selden affiâ—meth lib. 2. De Synedriis in the preface p. 2. How that course came to be changed will appear by what followeth here The distinction of Courts seems to have proceeded first from Pope Nicholas the first as is mentioned in Gratian. Can. Cum ad verum 96. Dist. About 200. years before the Conquest Which was imitated among us by William the Conquerour Whose Statute to that purpose is recited and illustrated by Spelman in his Glossary and Councils and by Selden in his History cap. 14. and in his notes upon Eadnez pag. 167. and also published by Lord Cook 4. Instit. cap. 52. But
So Dr. Burgesse termeth the Learned Dr. Davenant Bishop of Salisbury only a speculative Divine He being an eminent and principal Divine Head of Queens Colledge in Cambridge and publick Professor and chosen by King Iames to be sent to the Synod of Dort and by his Learned works publickly famous and renowned Such malapert language against such Honourable and eminent Bishops from an inferiour Doctor is not to be endured without sharp censures Now though some Canons may seem to forbid the Bishops and Clergy to intermeddle with secular affairs yet that is not absolutely forbidden but in a qualified sense as in the famous Council of Clâ—veshoe under Cuthbert Archbishop of Canterbury Anno 747. Can. 1. Negotiis secularibus plusquà m Dei servitiis quod absit subditus existit To attend secular affairs more then spiritual and to be wholly imployed and conversant in Temporal matters without due regard to the better part But it will not hinder sacred studies nor the diligent preaching of the Gospel that some principal men at convenient times have a charge and over-sight of Temporal affairs and the carriage of publick businesse And concerning this see more in Bishop Davenants Determinations at Cambridge Quest. 11. Civilis jurisdictio jure conceditur personis Ecclesiasticis Thus much might serve for Reply to the Examiner Dr. Burgesse especially upon the fifth reason which I hold to be the only thing material in the whole Discourse for the rest will appear to be needlesse if this be clear'd But if he would look back to former times he shall find that our Kingdome and Government followed the ancient manner of Gods own people of Israel whose Ceremonies and Rituals though they be now abolished yet the general rules of Justice Equity Government and Order do still remain And as God made the priesthood then honourable in the Kingdome of Israel and committed a great part of the Government unto them so doubtlesse now under the Gospel the priesthood ought to be Honourable and to have a principal part in the ruling and governing of the Kingdome To be a Priest in Israel was to be a cheif man Levit 21. 4. and therefore in all their Courts of Justice the priests and Levites were cheif men in authority for deciding all causes both in the great Court of Sanedrim at Ierusalem which was a Continuation of the 70. Elders appointed by God himself Numb 11. and was answerable in authority to our Parliaments it being the highest Court of Judicature in that Kingdome and so in the second Court of Judgement as our Saviour calleth it Mat. 5. 22. where there were 23 Judges whereof 7. were of the Laity as we now call them Elders of the Cities and every good City consisted of _____ Families unto which 7. of the Elders there were added 14 Priests and Levites as Iosephus sheweth lib. 4. cap. 8. where though he seem to say that the number of the Judges was seven yet if his next words following be well observed he sheweth the addition of two priests and Levites to each of the other Magistrates of the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 intellig it singulos magistratum gerentes quibus singulis bini erant additi adsessores periti juris quos Iosephus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vocat Septem ergo municipes loci erant judices praeterea adsessores quatuordecim qui ex Levitis maxime sumebantur his supernumer arii accessisse videntur unus alter So Grotius in Mat. 5. 21. and so also the English Translation doth render the place In every City or Township let there be seven Governours such as are approved in vertue and famous for their Justice and let each of these Magistrates have two Ministers of the Tribe of Levi. In this Court of Judgement all manner of causes were heard of Life and Death whatsoever matters of Controversie within their gates Ecclesiastical or Temporal Yet excepting some weighty businesses concerning a whole Tribe or the high priest or a false Prophet which belonged only to the great Council at Ierusalem Whether also they might appeal in any doubtful cause which was too difficult for the inferiour Courts Iudices in portis cujusque Civitatis jus super causis majoribus reddebant in homicidas lege agere solebant de quibus agitur Deutr. 16 18. 21 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 autem paena erat gladius quia de homicidis inibi cognoscebatur ut Moses nos docet Christus Grotius in Mat. 5. 21. When King David was old and neet his Death he appointed Salomon to be King after him and caused a Parliament of all Israel to be assembled wherein he gathered together all the Princes of Israel with the Priests and Levites 1 Chr 24 1. 2. In this great Parliament the priests and Levites were not omitted not in any Court of Justice in that Kingdome For as it is p. 4. There were six thousand of them appointed Officers and Judges throughout the land of Israel which is the thing that now many of our Common people do much dislike not well induring a few Justices of Peace to be of the Clergy whereas we have the example of David guided and directed by the Spirit of God as the Text saith 1 Chron. 28 12 13 19. So disposing and ordering the Levites that he appointed some for the outward businesse over Israel for Officers and Judges a thousand and seven hundred were Officers of Israel on this side Iordan in all businesses of the Lord and in the service of the King This Text is very plain to prove that the same man may be employed in Ecclesiastical matters of the Church as also in the Kings Service So pag. 32. David appointed two thousand and seven hundred cheif Fathers to be Rulers over the Reubenites Gadites and the half Tribe of Manasses who were beyond Iordan for every matter pertaining to God and affairs of the King and c. 26. 14. Zecharias a Levite is commended for a wise Counsellour But that now any of the Clergy should be Councellours Judges or Officers unto Princes is accounted by some an unlawful thing or at least not very commendable Whereas we see by this very law and direction of King David that the Levites might attend businesse belonging to the worship and service of God and instruction of the people as also of the publick service and affairs of King and State So the Divines in their late Annotations on the Bible do acknowledge that the Levites did study the Judicial and politick Laws and had power to see the law of God and injunctions of the King to be observed and to order divine and humane affairs 1 Chron. 26. 29 30. 2 Chron. 19. 8 11. So the Learned Grotius Sicut lex erat uan praeptrix divini omnis humanique juris ita apud Hebraeos penes eosdem erat juris utriusque interpretatio Upon Mal. 2. 4. and so other Commentaries do affirm as Lavater in cap. 23. Per
God as they pronounced or prescribed Thus the reverend and Learned Bishop Bilson in his perpetual Government cap. 4. Besides in every City there were private and peculiar Rulers 21. in number as Iosephus saith and also to every Magistracy in those Cities there was allotted two of the Tribe of Levi for assistance as Iosephus witnesseth and if those could not determine the busâ—nesse then they did appeal to the great Council And so Grotius sheweth most accurately upon Mat. 5. 21. Now God appointed these offices and dignities and power of Judicature to the Priests and Levites besides their attendance upon Gods service and the Course of every Priest and Levite was but one Week in half a year to attend at the Temple as Iosephus and Scaliger and Selianus doth shew with other accurate Chronologers so that beside their attendance upon Gods Service they had time and leisure enough to be helpful in the Government of the Kingdome Yea sometimes the principal Judges were chosen out of the Tribe of Levi as at the beginning of their Common-wealth Moses himself of that Tribe the greatest prophet prince that ever was among them So after in succeeding times Ely the high Priest was made Judge in his time So also Samuel a Levite was cheif Judge in Israel as 1 Sam. 7. 15. who judged Israel all the dayes of his life And he went from year to year in circuit to Bethell and Gilgal and Mispeh and judged Israel in all those places much alike as our judges do go their Circuits every year throughout the Land p. 17. And his return was to Ramah for there was his House and there he judged Israel and there he built an Altar to the Lord. And his three Sons after him Samuel made them being Levites Iudges over Israel though they did not walk in their Fathers ways but turned aside after lucre and took bribes and perverted judgement After the Captivity of Babylon for some 500 years till the coming of Christ the Priesthood had the greatest stroke in the Government As Ezra the Priest and brother to Iesus the high priest that returned from the Captivity whose memory is honourable among the righteous as learned Montague sheweth against Selden pag. 377. He had Commission from the Persian Emperor Artaxerxes to govern and order the Controversie Ezra 7. 12 25. and gave him authority to set Magistrates and judges which might judge the people and power to execute the laws of God and the King pag. 26. and to inflict punishments unto death or banishment or to confiscation of goods or imprisonment So that Ezra had great authority and full power given him and his worthy Acts are there recorded So afterwards under the Maehabees who were priests the Common-wealth was governed and it pleased God to make that Family victorious as any other almost that ever governed that Common-wealth as Sir Walter Raleigh sheweth lib. 2. cap. 15. If thus it were anciently among the chosen people of God why then should any in these dayes be so much displeased that a Bishop or a Clergy man should have any part in the Government of the Common-wealth or assistance of Government for the better Ordering and Directing of judgment or to be Counsellor to a Prince as Zechariah the Levite was a wise Counsellor 1 Chron. 26. 14. Benajah a Priest son of Iehojadah was one of David's twelve Captaines being the third Captain of the host for a moneth and in his Course consisting of 2400 was his son Amizabad Benajah also was of David's principal Worthies having the name among the three Mighties He was also Captain of the guard to David and after the death of Ioab he was made Lord General of the Host by King Solomon in Ioabs room 1 Kings 22. 35. So and much rather may a Clergy men now be an Officer in great place or a Justice of Peace in the Country who handles Matters of Equity and good Conscience for preserving of publick peace order and quietness among neighbours wherein happen many businesses that depend much upon the Conscience of a Justice and the Equitable rules of Scripture whereof Clergy men are the most competent interpreters As also many Causes happen touching the Estates and persons of the Clergy who have little reason to be subject onely to secular Judges without some of their own tribe on the bench to see fair carriage and indifferent dealing But for matters of Religion concerning God and his Worship and difficult points of Divinity the Clergy then were and so ought now to be the principal men to be imployed as may clearly appear by the doings of K. David about removing of the Ark to the place that he had provided for it upon which text King Iames hath written a very pious and excellent Meditation Pag. 81. upon the 1 Chron. 15. some of those words are fit to be here recited When the Ark of God whereunto they sought not in the dayes of Saul had continued long at Kiriah-jearim David out of his Zeal and Piety was moved to prepare a Tent for it in the City of David and when he began to remove it he called a great assembly of principal Men but did not make that use of the Priests and Levites as he ought to have done and therefore the Action prospered not but there happened a terrible judgment upon Uzzah which hindered the progresse of the good work and David was afraid of God that day saying How shall I bring the Ark of God home to me so the Ark rested in the House of Obed-Edom But afterwards upon better advice David perceived his Errour and confesseth it Cap. 15. 12 13. Speaking to the Chief of the Priests and Levites Sanctify your selves both ye and your brethren that you may bring up the Ark of the Lord God For because you did it not at the first the Lord God made a breach upon us for we sought him not after the due order This was a great and a godly work that was then intended and therefore King David called a great Assembly about it 1. Of the Elders of Israel 2. Of the Captaines of thousands and hundreds whose Names and Praises are recorded 3. The Priests and Levites Who did it not at the first But now upon better advice King David assembled at first the Children of Aaron and the Levites v. 4. So that men of all Estates were now present in this godly work This is to be marked well of Princes and of all those of any high Calling or Degree that have to do in Gods Cause David doth nothing in matters pertaining to God without the presence and especiall Concurrence of Gods Ministers appointed to be spiritual rulers in Gods Church And at the first meant to convay the same Ark to Ierusalem finding their absence and want of their Counsel hurtful therefore he saith to them Ye are the Chief Fathers of the Levites because ye did it not at the first Thus saith King Iames of blessed memory but
now there is a generation of men who do not think the Clergy necessary Men to be consulted that will interpret Scriptures remove the Ark of God as it were and do things without the presence vote and suffrage of the Chief Fathers of the Levites which how it agreeth with this pious Example of King David and King Iames's Meditations upon it I leave to be Considered CHAP. VII I◠the first frame of our English Common-wealth the Bishops in every Diocess were the principal Iudges The Charter of William the Conquerour for the dividing the Courts The Statute of Circumspectè agatis 13. Ed. 1. and Articuli Cleri 9 Ed. 2. appointing what Cause shall belong to the Ecclesiastical Courts THe first frame of our English Common-wealth was so setled and ordered by the Saxon Kings when once they became Christians That the Bishop of the Diocess together with the Aldermen of the County and so their Deputies in-inferior Courts under them should be equal Judges together upon the same Bench in the same Courts and there determine all Causes in the forenoon Church-matters and in the afternoon secular business as Selden sheweth in his notes upon Eadner p. 166. and Bishop Iewel in part observes in his Defence of the Apology Part 6. p. 522. This Course continued till William the Conquerour and perhaps it had been very happy for our Kingdome if the frame of our Laws and Courts had so still continued joyned together for many reasons that I will not now further insist upon Gulielmus primus sacrum à Civili discriminavit forum etenim florente Saxonum imperio mutuas injure dicundo veluti tradebant operas atque eodem utebantur his quotannis for◠Dioeceseos Episcopus simul provinciae Praeses seu vice-Comes quem Sheriffe nunc dicimus interdum Ealderman nominabant c. The Conquerour first separated the Temporal Courts from the Ecclesiastical yet not diminishing the authority of the Churches Jurisdiction which by his oath he confirmed and promised to preserve affirming Quod per Ecclesiam Rex regnum solidum habent subsistendi fundamentum So that he subverted rather Ecclesiastical power and jurisdiction but as formerly in the County or in the Hundred so now in the Bishops Court all Ecclesiastical Causes were heard and determined For the old manner the Laws of King Edgar do shew it Cap. 5. Intersit unusquisque Hundredi Gemoto ut superius est praescriptum habeantur burgemottitres quotannis duo vero scire-gemotti de istis adsunto loci Episcopus Aldermannus doceatque alter jus divinum alter saeculare In Hundredo aderant Thani quos Barones vocant posteri ut patet e. L. Ethelredi Cap. 1. ipsique judices Ecclesiastici cum partis illius Clero in Hundredo enim non minus quà m in Comitatu unà haec agebantur quae ad forum pertinent Ecclesiasticum quae ad saeculare donec Gulielmus Conquestor divisis jurisdictionibus hanc ab illa separavit For the Division of the Courts and the Erection of the Ecclesiastical to sit by themseves under the Bishop and Arch-deacon it appears by the Charter of King William to the Dean and Chapter of Lincoln And though it be sent in the direction by name to them only yet it seems it grew after to be a general law no otherwise then the Statute of Circumspecte agatis that hath a special reference onely to the Bishop of Norwich as Lord Coke saith 2 Instit. 487. The Bishop of Norwich is there put but for example but it extendeth to all the Bishops within the Realm And so Selden telateth in his History of Tithes Cap. 14. Sect. 1. and in his Ianus Lib. 2. Sect. 14. And in his notes upon Eadner p. 167. The words of it as they are recorded are Willielmus gratia Dei Rex Anglorum Comitibus vice comitibus omnibus Francigenis Anglis qui in Episcopatu Remigii Episcopi terras habent salutem Sciatis vos omnes coeteri mei fideles qui in Anglia manent quod Episcopales leges quae non bene nec secundum sanctorum Canonum praecepta usque ad mea tempora in regno Anglorum fuerunt Communi Consilio Cousilio Episcoporum Abbatum omnium principum regni mei emendandas judicavi Propterea mando regia authoritate Praecipio ut nullus Episcopus vel Archidiaconus de Legibus Episeopalibus amplius in Hundret placita teneant nec causam quae ad regimen animarum pertinet ad judicium secularium hominum adducant sed quicunque secundum Episcopales leges de quacunque causa vel culpa interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causa sua respondeat non secundum Hundret sed seeundum Canones Episcopales leges rectum Deo Episcopo suo faciat Which I the rather transcribe saith Selden because also it seems to give the Original of the Bishops consistory as it sits with us divided from the Hundred or County Court wherewith in the Saxon times it was joyned And in the same Law it is added further Hoc etiam defendo ut nullus laicus homo de legibus quae ad Episcopum pertinent se intromittat Thus Selden Only the words of the Charter are more fully recited out of the Records by another Learned Author Si vero aliquis per superbiam elatus ad justitiam Episcopalem venire noluerit vocetur semel secundo tertio Quod si nec ad emendationem venerit excommunicetur Et si opus fuerit ad hoc vindicandum fortitudo justitia Regis vel vicecomitis adhibeatur Ille autem qui vocatus ad justitiam Episcopi veniro noluerit pro unaquaque vocatione legem Episcopalem emendabit Hoc etiam defendo mea authoritate interdico ne ullus Viceeomes aut praepositus aut minister Regis nec aliquis laicus homo de legibus quae ad Episcopum pertinent se intromittat nec aliquis laicus homo alium hominem sine justitia Episcopi ad judicium adducat Iudicium vero in nullum locum portetur nisi in Episcopali sede aut in illo loco quem ad hoc Episcopus constituerit And the punishment for disobedience to the Ecclesiastical Judges was much alike as formerly was enacted under the Saxon Kings as by King Alured Si quis Dei rectitudines aliquas deforciot reddat Lathlite cum Dacis Witam cum Anglis And the same Law is afterwards confirmed and renewed by King Canutus and by other Kings Whereby it appeareth how before the Conquest and likewise after for a long time the authority and jurisdiction of the Church was maintained and upheld by the setled Laws of the Kingdome How they had power in their Courts to excommunicate and further by the help of the King and the Sheriffe to proceed against stubborn offenders and such as opposed or contemned their authority so that here is
the present practise and Law confirmed by the continual practise of many hundred years The Law being thus made by the Conquerour to separate the Ecclesiastical Court from the Temporal there followed after in succeeding times Statutes to direct and appoint what causes shall belong to the Bishops Jurisdiction As the Statute called Circumspecte agatis made 13. Edw. 1. and Articuli Cleri 9. Edw. 2. which besides others Coke doth expound in the 2. Instit. at large pag. 489. 599. So that the Ecclesiastical Laws and Courts being thus setled by ancient Statutes and Magna Charta and besides long use and Custome the Laws are Fundamental and necessary as well as any part of the Common-law and cannot be wholly taken away without great injustice confusion and great disorder in the Kingdome and Church as it happen'd most pitifully in these troublesome times But Parliaments are obliged to maintain the Fundamental Laws of the Land as they have often professed solemnly in many of their Declarations Protestations and Remonstrances But in conclusion they have overthrown all Ecclesiastical Courts and Laws though never so ancient and Fundamental and now they would pretend to set up new laws and orders which they call Presbyterian Government by Lay Elders in every Parish a fond and foolish project contrary to the Laws of God and Man such as they have heard to be at Geneva and some other places beyond Sea where there are no Lords Knights Esquires or Gentlemen as with us in England But their new States are popular without degrees of Honour and distinction of Gentry They do as their Neighbours at Strasborough and the Switzers of whom Bodin saith lib. 6. c. 4. Argentinenses Caesa prostrata nobilitate cum imperium populare invasissent legem communibus suffragiis tulerant ne quis summos in Civitate Magistratus adipisceretur nisi a cerdonibus aut coriariis aut id genus sordidis opificibus stirpem traxisset idenim veteribus Grâ—cis usit atum erat ut in iis civitatibus quae popularia imperia stabilire ac tueri vellent cives omnes quantum quidem fieri posset opibus honoribus imperiis ac vitae conditione exaequarent ac si quis prudentia justitia fortitudine aut ulla virtute caeteris praeluceret ac emineret hunc ostracismo exterminabant aut ne virtutitam aperte bellum indicere viderentur accusationibus calumniis opprimebant atque id unum efficere conabantur ut singuli Cives non magis sui similes essent quam omnes omnium They either banished or put to death all their Nobility and so made themselves a popular state and further made a law that no man should bear any publick office among them but such as would derive their Discent and Pedegree from some base Trade a Cobler or Carrior or such like Among such people Presbyterian Government may be better allowed then in a Kingdome flourishing with all degrees of Honour Dukes Marquesses Earls Barons Knights c. But where only Tradesmen are chapmen Pedâ—ars and Artificers as they are at Geneva there any government in the Church may better be tolerated then in a Monarchy The Glossary sheweth to that purpose that Tradesmen are base fellows in Herauldry and among base fellows any base government may serve the turn Burgenses Mercatores sunt sordidum hominum genus as Tully said Burgenses dum cauponandis mercibus rei Mechanicae navarent generosae turbae militiam omnino admiranti despectui erant adeo ut cum illis nec connubia jungerent nec Martis aleam experirentur and so also the Civil law saith patritii cum Plebeis conjugia ne contrahunto And in our law it is reputed a disparagement for a Ward in Chivalry which in old time was as much as to say a Gentleman to be married to the Daughter of one that dwelt in a Burrough as Lambard sheweth in his perambulation of Kent pag. 504. So the old Statute of Merton Anno Dom. 1235. cap. 7. De Dominis qui maritaverint illos quos habent in custodia sua Villanis aliis sicut Burgensibus ubi disparagentur c. Lord Coke sheweth what causes belong to the Court Christian viz. Probate of Wills and Testaments Legacies Reparation of Churches and Church-yards Tyths Oblations Mortuaries and such like duties Matrimonial causes degrees of Affinity or Consanguinity Divorces and what else belongeth thereunto And divers other particulars as appears in divers statutes and the Books of the Civil Lawyers as punishment of Adultery Fornication and Incontinency Incest with many other the like as Heresies Schismes Errors Abuses Offences Contempts and enormities as Lord Coke saith 4. Instit. pag. 325. and so also the excellently learned Lawyer Dr. Cosin Dean of the Arches in his Apology for Ecclesiastical Courts and their proceedings against Simony Usury Defamation Sacriledge Disapidations c. But now the Presbyterians neglect and cast off most of these particulars that there is no punishment for those gross offences and sins which are not fit to be mentioned among Christians saith the Apostle There is of late an infinite number of bastards gotten and the Justices of peace only take care for keeping the Bastard But there is no punishment or correction for the scandal to Religion and the vulgar people go together like Dogs and Bitches without licence or publication of banes in any parish The Holy Communion is cast aside and neglected in most parishes most shamefully The Common-people in most parishes will rather be without the Sacrament then give one penny to buy Bread and Wine for it that they are become Atheists in most places and many Sectaries professe publickly that they will not have Churches or Stone-houses nor Ministers or Magistrates And yet the Parliament pretended to reform all according to the word of God in all things to advance the Throne of Christ and the Tribunal of Christ with all his holy ordinances in full force and power as the Language is of the Presbyterian Ministers CHAP. VIII Some Observations out of the Civil Law in the Empire concerning the separation of Courts and some also out of the ancient Statutes as Selden hath related them Lord Cooks Defence of the Bishops being in Parliament and of the Convocation and High Commission and other Ecclesiastical Courts AS the Courts Ecclesiastical and Temporal were separated in our Kingdome so anciently there was some such division in the Empire yet the Emperour gave great power and authority to the Ecclesiastical Judges according to that which Iustinian saith of spiritual Causes in the Novell 123. si pro Criminal si Ecclesiasticum negotium sit â—ullam Communionem habento Civiles Magistratus cum ea disceptatione sed religiosissimi Episcopi finem imponunto If it be an Ecclesiastical Suit let the Civil Magistrates have nothing to do there with that plea but let the Bishops end it Whereby it appears that prohibitions from the Temporal Courts were not then allowable which certainly came not into use till after
the Councel of Clarendon under Hen. 2. Wherein the Clergy were inforced to appear in the Temporal Courts one Canon thereof being Clerici accusati de quacunque re summoniti a Iusticiario Regis veniant in Curiam responsuri ibidem de hoc unde videbitur Curiae Regis quid ibi sit respondendum in Curia Eeclesiastica unde videbitur quod ibi sit respondendum It a quod Regis Iusticiarius mittet in Curiam sanctae Ecclesia ad videndum quomodo res ibi tractabitur si Clericus vel confessus vel convictus fuerit non debet eum de caetero Ecclesia tueri But touching this and the rest of the Constitutions in that Council Math. Paris doth sharply inveigh against them Hanc Recognitionem five Recordationem de Consuetudinibus libertatibus iniquis dignitatibus Deo detestabilibus Archiepiscopi Episcopi clerus cum Comitibus Baronibus proceribus juraverunt And as he addeth His itaque gestis potestas laica in res personas Ecclesiasticas omnia pro libitu Ecclesiastico jure contempto tacentibus aut vix murmur antibus Episcopis potius quam resistentibus usurpabat And this appeareth also by that which Selden relateth in his notes upon Eadner pag. 268. that long after in Edward the seconds time the Clergy had so many oppositions and hinderances in their proceedings from the Temporal Courts that they exhibited a petition in Parliament wherein they recite the grant and constitution of Will 2. allowing them their own Courts by themselves and specify their complaints particularly which he calleth Gravamina Ecclesiae Anglicanae and saith they are those mentioned in the proem of Artiâ—uli Cleri And in this age we have great cause to complain of Prohibitions but thereof I will say no more now as for the Temporal Courts the Conquerour appointed them to follow his Court royal which Custome continued for many years till under King Iohn at the instant request of the nobility it was granted Ut Communia placita non sequerentur Curiam i. e. Regis sed in loco certo tenerentur That the Court of Justice for Common Pleas should not follow the Kings Court Royal but be held in a place certain as now commonly they are in Westminster-Hall Whereas before the Kings appointed one Grand Lord Chief Justice of all England who for his authority and power was a greater officer both of State and Justice then any in these last ages and ever since that the greatness of that office was abated by King Edw. 1. most of those great Justices were Bishops as Sir Henry Spelman sheweth in his Caralogue of them Glossar pag. 401. Dignitate omnes Reges proceres potestate omnes superabat Magistratus De potestate valde inter alia claret quod quatuor summorum judicum hodiernorum muneribus solus aliquando fungeretur scilicet Capitalis Iustitiarii Banci Regis id est plâ—citorum Coronae seu criminalium Capitalis Iusticiarii Banci Communis id est placitorum Civilium Capitalis Baronis Scacarii hoc est Curiae ad sâ—crum patrimonium fiscum pertinentis c. Most of these great Justices were Bishops as appears by the Catalogue of them they being the principal men for Knowledge and Learning in those dayes and had no doubt power of voting in all Parliaments Councils and assemblies of State And so in these later times Lord Coke sheweth their abilities and rights 4. Instit. pag. 321. The King is well apprised of all his Judges which he hath within his realm as well spiritual as temporal as Arch-bishops Bishops and their officers Deanes and other Ministers who have spiritual jurisdiction It is declared by the King the Lords Spiritual and Temporal and the Commons in full Parliament That the spiritualty now being called the English Church always hath been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it hath been alwayes thought and is also at this hour sufficient and meet of it self without the intermedling of any exterior person or persons to declare and determine of such doubts and to administer all such offices and duties as to their rooms spiritual doth appertain The Adversaries have made divers objections against our Arch-bishops and Bishops Ever since saith Coke But these pretences being in truth but meer Cavils tending to the scandal of the Clergy being one of the greatest States of the realm as it is said in the Statute of 8. Eliz. cap. 1. are fully answered by the said Statute and Provision made by authority of that Parliament for the establishing of the Arch-bishops and Bishops both in praesenti in futuro in their Bishopricks By the Statute also of 39 Eliz. cap. 8. the Arch-bishops and Bishops are adjudged lawful as by the said Act appeareth And by these two Statutes these and all other objections against our Bishops one hath answered which we have thought good to remember seeing we are to treat of their jurisdiction Ut obstruatur os iniquae loquentium saith Lord Coke Yet the fury and rage of these times have stirred up more anger which in the issue will turn to the Confusion and Dishonour of them that began these wars and broyles against the Church and Bishops and fundamental Laws and Statutes which have so fully asserted their rights and authority Thus the Lord Coke premiseth being to treat of the Ecclesiastical Courts and all the jurisdiction belonging to the Clergy and established by the fundamental Laws of the Land against both Papists and Puritans and first he beginneth with the Court of Convocation and of the high Commission in Causes Ecclesiastical which is absolutely necessary for the suppression of all manner of Errots Heresies Schismes abuses offences Contempts and enormities But upon suppression of this Court by the late long Parliament there hath broken forth such an infinite number of heresies schismes sectaries and a rascal rabble of factions as is prodigious to relate and intolerable to be suffered For as it is in the Common Law if there were not Assises and Sessions to punish Malefactors Theeves Cuâ—purses Offenders and Rogues of all sorts the Land would be so Oppressed with the Multitudes of them no man could enjoy his house or goods freehold or life therefore in London they have every moneth a publick sessions to punish Condemn and Execute all sorts of Malefactors And Corporations in principal Cities have the like authority by Commission and Patent from the King But for the high Commission to punish Offenders against Religion and the Church Lord Coke saith pag. 331. That the Kings Majesty hath and Queen Elizabeth had before him as great and ample Supremacy and jurisdiction Ecclesiastical as ever King of England had before them and that had justly and rightly pertained to them by divers other Acts and by the ancient Laws of England if the said clause of annexation in the said Statute of 1. Eliz. had never been inserted That it was a gâ—osse Error
and a notorious offence of I. Pym to affirm as he did in his Speech in Parliament 4. Caroli That the high Commission was derived from the Parliament An impudent ignorant and seditious speech which if it had been spoken in the time of Henry the eighth when he recovered his Supremacy from the Pope the King would quickly have hanged or burnt him as he did many in his Reign upon that point of his Supremacy For though Parliaments may submit and acknowledge the Kings Supremacy yet they are not the Donors or Authors of it it is originally vested in the Crown and is a principal Flower thereof that cannot be denyed ot taken away from the King by any of their Votings or Ordinances And the King may again restore the Court of High Commission without the help of a Parliament and appoint such Judges and Commissioners as he shall think fit without direction or assistance from the House of Commons as the King doth appoint Judges in all other Courts without their consent and so may doe still in this Court Which is absolutely necessary to be done to suppresse the abominable and detestable increase of Sectaries and Schismaticks that are now risen up in this Inter-Regnum of the Kings Authority CHAP. IX The Example of the late warrs in Bohemia Germany France might well have forewarned us in England The Godly Covenant of Bohemia might well have given us Caution to take heed of a Covenant without the Kings consent The Church Lands taken away formerly are restored by the Emperour Grotius his Censure of the Presbyterians for raising Wars TO return again to our former matter of the separation of the Courts it is to be considered that the Courts being now divided in the Kingdome many hundred years since the ancient manner of their union is forgotten and unknown save only to the Learned and the scars of the Norman Conquest are so overgrown that few men are sensible what reliques of Slavery do still remain upon us by changing the order of the Courts the Language of the Law in great part with other things that I will not now mention But being so setled by the Conquerour and continued by his Successors the Temporal Courts in process of time grew too powerful for the Ecclesiastical and by their injunctions and prohibitions stopt many proceedings especially after the Councel of Clarendon under Hen. 2. Wherein the power of the Clergy was much abated and all Ecclesiastical Jurisdiction so crushed that it continued lame ever after Though the Clergy by appeals to Rome and the Popes Legats that were often sent hither did oftentimes help themselves and much molest their Adversaries At length under Hen. 8. upon his breach with the Pope the Ecclesiastical Jurisdiction was much abridged and restrained in many particulars and reduced to a narrow compass becoming much more subject and obnoxious to the Injunctions Orders and prohibitions of all the Temporal Courts that now I mervail that any should complain and envy at their power and greatness there being no cause of any value or moment but by one order or other is drawn from them to the Temporal Courts And now at last there want not some that would have all Ecclesiastical authority and jurisdiction either wholly suppressed from the first Court to the last or at least so abated mingled or changed that what form or force of Government shall be left remaining seems very uncertain But if Presbyteries and such like Consistories of the forraign and new fangled devising were erected there will follow great confusion and disorder to the infinite disturbance of peace and quietnesse in the Kingdome by alteration of so many laws and customes and of the Common Law it self whereby the Kingdome hath been governed so many years and setled in peace and all mens estates and Lands held in certain possession For such great and universal changes as will follow upon the dissolution of the Hierarchy and taking away the Votes of Bishops in Parliament and other eminent parts of Government will produce such ill events and troublesome distractions as will not be pacified and composed within the compass of any mans life now living And what further mischeif may follow is uncertain but surely great troubles are like to ensue as indeed it hath happened in a most lamentable manner But if our Nation could have taken warning by the example of the late wars that happened these last 40. years in France Germany and Bohemia they might have prevented much evil for there the Wars began by men of the same spirit and humours as our Presbyterians are among us and had the same ends and purposes as ours had which is to take away the Honours Lands and Revenues of Bishops and all that belonged to them The ill sâ—ccesse of their names might well have forewarned us if there had been men among us wise and knowing of the Histories of the present age When we saw the Flame and Smoke of â—he Bohemian War ascend to heaven in our sight in most hideous manner And in the end all the zealous party were utterly undone and confounded that began the war against the Emperor to take away the lands of all the Clergy Bishops Deans and Chapters c. Which they account to be the flesh of the Whore of Babylon and the bones of the old Whore that is of the Pope So Brightman and Pareus and other zealous men do interpret the Text Revel 17. 16. All the Lands of the Church and Revenues among which they reckon Tythes are the flesh of the Pope which they must eâ—â—e and devour not Physice but Mystice saith Pareus in his Commentary For otherwise to eat the flesh of the Pope naturally being commonly an old man and perhaps full of Diseases would be no good meat or pleasing Diet But mystically to eat him that is to take away the lands revenues and riches of the Church will bring in profit and money that will provide better diet to feed upon then the body and flesh of an old Pope This Sacrilegious appetite and outragious covetousness to get the lands of the Church and Bishops proved very tragical to Bohemia and most parts of Germany And to shew a little their manner of proceeding I will digresse a little because it is so remarkable and fresh a Case within these last 40. years First therefore the Bohemians in the year 1619. assembled a Parliament without the Emperors Consent They raised a great army and put Garrisons also in all the best Towns and Castles They made a Godly Covenant consisting of an 100 articles just the same in Substance with our late Scottish Covenant they raised great Taxes and excise to maintain their armies and garrisons For two years they prevailed much and brought in a new King the Palsgrave but at the end of two years the Emperors great armies came upon them and fought the great Battle of Prague 8. Novemb. 1620. The Duke of Bavaria came with twelve thousand men and other great
arise in those first ages most of which heresies were such as were fit to be beaten down by authority rather then by reason and argument they being so impious insolent and blasphemous so after his time when he had setled the Bishops authority yet there being two Courts where did arise many differences and debates between the Bishops and the secular Judges of that time touching cognisance of some Causes Iustinian the Emperor made a lâ—w like unto that Circumspecte agatis of our King Ed. 1. agreeing with it in substance of matter and arising from the same ground and pointing to the same end The Novel is thus Si delictum sit Ecclesiasticum egens castigatione vel mulcta Ecclesiastica Deo amabiles Episcopi hoc discernant nihil commnnicantibus clarissimis provinciae Iudicibus Neque enim volumus talia negotia scire omnino Civiles Iudices cum oporteat talia Ecclesiastice examinari emendari secundum sacras divinas regulas quas etiam sequi nostrae non dedignantur leges And further for the greatness of the Bishops authority it will appear fully if we look upon the Lawes as they lye concatenaâ—ae in the same title where it is said of the Bishops Cum sint ordinarii Iudices And again Similes praefectis praetorio and further Ordinarie quoque procedant The linked Texts in that title of the Code as they stand cited do fully shew the greatness of the Bishops Coâ—â—â—â— and authority when they are compared and said to be Similes praefectis praetorio who were Illustres Iudices and so stiled in the law they being indeed the most supreme Judges in the whole Empire there being but three in that spacious Empire One in Asia Praefectus praetorio Orientis Another in Europe Praefectus praetorio Illyrici The third in Africa Praefectus praetorio legionibus militiae Africanae The Civil Magistrates were respectively Judges of the Causes which the Emperour had translated from the Empire to the Church which when the Emperour had done and made the Bishops the Judges in the Church as the praefecti praetorio were in the Empire before it appears hereby fully how great the authority of the Bishops and their Consistories were wherein they were assisted by their vicar-generals whom we now call Chancellors as a learned Civilian observes who are no upstarts in the world rising out of the Bishops Sloath as one though otherwise Learned and Eloquent mis-called them but had their original from the law it self Touching whom I will here say something out of the learned Civilians because commonly their place and original is much mistaken by the ignorantly zealous people who do now abound in the world and think nothing lawful in government unless their be express text of Scriture for it as if no calling government or subordination of officers in the Church were lawful but what is expressely and fully set down in the Scriptures and no power and authority left in the hands of Christian Kings and Magistrates to appoint Judges and Officers for Church-discipline as well as for Civil Judicature Therefore to return as the praefecti praetorio quia illustres erant antestabant caeteris dignitatibus ideo habebant vicarios suos in Civilibus causis audiendis terminandis So were the Bishops then and so are they now Illustres judices antestabant antestant caeteris dignitatibus in Ecclesia For the law parallels them in the Church with the Chief Judges in the Empire as well in this as in the rests of the Parts of their Honour wherewith the Emperour had honoured them and the Laws honour them at this day Iustinians Code hath sundry lawes some of his own some of the Emperours before him even from the dayes of Constantine the great which shew that Bishops in their Episcopal audience sate not without their Chancellors although their Chancellors sate often without the Bishops whose higher charge in Christs Church permitted not the Bishops presence in Court-Causes ordinarily And though not under the name and title of Chancellors nor alwayes vicar generals officials or Commissaries yet they had other titles but the same offices Ecclesiasticâ— or Episcoporum Ecdici as much as to say as Church Lawyers or Bishops Lawyers professed Civilians and Canonists of that age the very self same officers and office that the Bishops vicar-generals then were and now are who together with the Bishops then made and do now make but one and the same Tribunal and Consistory their Commissions they held from the Bishops but their Jurisdiction from the Law And the Cause why the Imperial power furnished the Bishops with these officers was the multitude and variety of Ecclesiastical Causes more in that age then now the decision whereof in their Consistories being left to the Bishops the Emperor doubted might have drawn them from prayers and divine exercises And a second reason was that the cause of the cognisance of their Courts were more likely to have thereby a more speedy ready and Judicious trial before Judges of the same learning which require a whole man then before Judges of another then an higher requiring as the Bishops pastoral office doth a whole man too And a third reason also may be added because the Clerks suites and quarrels should not be divulged and spread abroad amongst the secular sort which trenched many times upon the whole profession especially in capital matters wherein Princes anciently so much tendered the Clergy that if a Clerk had committed an offence worthy of death or open shame whereby he became perpetually infamous he was not first executed or put to open shame before he was degraded by the Bishop and his Clergy and so was executed and put to â—hame not as a Clerk but as a lay malefactor for the Honour and Dignity of Priesthood It were to be wished this Order were retained still that Clerks should not passe immediately when they fall into such excesses from the Altar to the Halter but hang or suffer other shame without their Priesthood which Order if it were retained still or might be restored would much honour the Church and no whit derogate from the jurisdiction of the Crown The Determination of a Question made by the right Reverend Iohn Davenant late Lord Bishop of Sarum QUEST 11 th Civil Iurisdiction is by right granted to Ecclesiastical persons IT is by the warrant of Christ himself that the Church doth claim and execute a Spiritual Jurisdiction in punishing the offences of her Children For it can admit an accusation against the inordinate courses of any Christian and hath power to chastise him being by sufficient witnesses convicted either by denying him the Sacraments or if he continue obstinate in his wickednesse by an utter exclusion of him from the fellowship and Communion of other Christians I know none so malignant or unskilful in Ecclesiastical affairs that will deny this authority which indeed goes not beyond excommunication to have been conferred upon Churchmen from the beginning by
degree then in the time of Hen. 8. Iohn Pym in another Speech 4. Caroli would have the Arminian points setled and determined in parliament viz Concerning Predestination Absolute Reprobation Universal Grace Free-will and Final perseverance before the King should have Subsidies granted Tunnage or poundage But if they would give no money to the King till those difficult poins be cleared and resolved the King must never have any Subsidies granted For those Questions are so mysterious and abstruse that all the Divines in the world cannot yet resolve fully upon them But these and such like difficult questions in Divinity belong to the Convocation of the Clergy as Cook sheweth Instit. pag. 322. and they are to be called in time of parliaments by the Kings Writ and are to proceed juxta legem divinam Canones sanctae Ecclesiae saith Cook ibid. And they are divided into two parts viz. The Upper House where the Arch-bishops and Bishops sit and the lower House where the rest do sit And they have two prolocutors one of the Bishops of the Higher House chosen by that House another of the lower house and presented to the Bishops for their prolocutor Cook ibid. The Convocation of the Clergy made the thirty nine Articles of Religion the Common prayer Book and the Book of ordination of Bishops priests and Deacons and the Book of Canons To all which what subscription is required by Law Lord Coke sheweth pag. 323. But in the late long parliament all these Books and good orders are cast aside and neglected and nothing established in stead thereof But it is hoped that the most excellent and gracious King Charles the Second will so confirrm the Truth of our Religion and all good orders Laws Customes and Rights as there shall be a full and happy Conclusion of all differences and the peace of the Kingdome and Church established to the advancement of Gods glory and the rejoycing of all that are truly wise and religious Lord Cook sheweth pag. 325. How the Commission Court for causes Ecclesiastical was setled That such Iurisdiction Spiritual or Ecclesiastical as by any Spiritual or Ecclesiastical Power or Authority hath heretofore been or lawfully may be exercised or used for the Uisitation of the Ecclesiastical State and Persons And for Reformation Order and Correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities shall for ever be united and annexed to the Imperial Crown of this Realm But not to the House of Commons or any others but by the dissolution of the high Commission and all other Courts Ecclesiastical there is risen up such an infinite and prodigious number of sectaries factions divisions in Religion enormities and disorders as is lamentable to behold and all scandalous sins as adultery fornication incest and such as ought not to be named among Christians go unpunished dayly If a bastard Child be gotten the Justices of the peace do only take care for keeping of the bastard but for the offence and scandal given to Religion they do nothing that belongeth to the Ecclesiastical Court to injoyn what pennance is fitting according to Ecclesiastical Laws which have been neglected too much of late though they are ancient and fundamental as well as any Common Laws But it is testified fully by the best learned Divines in forraign Countries that our Church of England was the onely Church reformed by peaceable means and gracious Princes whereas others in France Germany and other places were reformed most part by tumults and violent wars Beza from Geneva said of the Reformation by Queen Elizabeth Doctrinae puritas viget in Anglia pure sincere so said Peter Martyr and Zanchy and Damens when they saw the Confession of our faith in the thirty nine Articles and others parts of our Reformation so excellently defended by the Renowned Bishop Iewell in his Apology and Defence thereof against Harding the Papist books far more excellent and pious then ever Cartwright or any Presbyterian published and of late times the learned Deodatus professor at Geneva doth magnifie the Church of England as the most eminent of all the Reformed Churches stiling it Florentissima Anglia ocellus ille Ecclesiarum peculium Christi singulare Perfugium afflictorum imbellium Armamentarium inopum promptuarium spei melioris vexillum splendidae Domini Caulae and much more he addeth speaking of our happiness before these troubles and so it might have continued still if the Clergy might have enjoyed those rights and priviledges which the priesthood of God did anciently enjoy in all ages for in the Law of nature before Moses the priesthood was honourable Priests being then the first born and eldest sons of the Family not younger Brethren or poor fellows of the basâ—st of the people How honorable the Priesthood was in the tribe of Levi is well known Sir Iames Sempill a learned Knight of Scotland doth shew it fully in his book of Sacriledge in many places Cap. 6. Sect. 4. speaking of the dignity of the Church ministry of old For tithes inheritance in the person of one Royal Melchisedeck Royal I say in regard of the great odds between that and this our age now For of old as writeth Iosephus the true mark of nobility was to derive a mans Pedigree from the Priesthood so Iosephus was a Gentleman because 〈◊〉 sanguine sacerdotali And in our time the onely best Tenure and Holding of Possessions was to hold of the Church but now all to the contrary For Rome hath frustrate her ministry of Matrimony and we at home ours of their patrimony She can bring forth no well begotten Children and we but few well beneficed Church men No Iosephs in her and all Iobs with us and instead to hold of the Church we hold all from the Church both much amiss And as he saith in his preface to King Iames Truely it never goeth better then when the Church Courteth it and the Court Churcheth it for Moses and Aaron were Brothers Well might the Learned and Religious Knight complain that things are much amiss when in the times of the light of Learning and Religion reformed hath in great measure flourished among us but of late been so defaced and deformed that it is lamentable to report more of it the Enormities being so great and scandalous that unless the Kings Majesty out of his singular piety and wisdome do resume the ancient Jurisdiction of his Crown Who onely hath the proper power and authority to reform and correct all manner of Heresies Schismes Abuses Offences Contempts and Enormitie as are the express words of the Statute 1 Eliz. as they are recited and inforced by Lord Coke 4. Instit. Pag. 325. there can be little hope of Redress but as the Queen then did assign and authorise Commissioners to execute this Jurisdiction so it may be now done Commissioners may be appointed by the King to perform and execute his power in as full and ample manner as Queen Elizabeth did and