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A34480 Jura cleri, or, An apology for the rights of the long-despised clergy proving out of antient and modern records that the conferring of revenues, honours, titles, priviledges, and jurisdiction upon ecclesiasticks is consistent with Scripture, agreeable to the purest primitive times, and justified by the vsance and practce of all nations / by Philo-Basileus Philo-Clerus. Philo-Basileus Philo-Clerus. 1661 (1661) Wing C612; ESTC R23895 70,115 98

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to the Primitive usage as well Spitual as Temporal Judges may be appointed in all Courts that Moses and Aaron may not quarrel but walk hand in hand Though I know this design does not well relish with many of the Long Robe and t is feared the attempting some such thing purchased our late Arch-Bishop no few enemies and was one special cause of hastning his ruine Yet Selden a Lawyer too L. 2. de Synedriis proves that for the first 4000 years and better the civil and Ecclesiastical Courts continued united and the first Distinction proceeded from Pope Nicholas Grati. Distinc 96. c. cum ad verum So that the making Ecclesiastical Government independent and seperate from the civil is but a late Popish and Consistorial Innovation T is true it cannot be denied but there have been grosse Corruptions in these Ecclesiastical Courts many personal infirmities in the Judges for who ever lookt upon them as other then flesh and blood Though none but Prophane Chams would lay open and scoff at the nakednesse of their spiritual Fathers and like flies stick only to gald backs and sore places never taking notice of the many eminent deserts and service both Church and State have received from men of that Coat How different was the great Constantines Temper who profest he would put off his Royal Robes to hide a failing in a Bishop Theodoret. L. 1. c. 11. If some have miscarried let them smart for it and let not the Calling suffer Would it be accounted a piece of Justice if some Lawyers be corrupt presently to raile at and overthrow the whole Profession as incorrigible pull down their Courts as not capable of Reformation But grant they have erred let that calling which is innocent throw the first Stone I must needs say better reasons must be shown then ever were yet produced before I change my judgment That there are none fitter to advance designs of Peace and publick Tranquillity to administer justice and hear the cries of the oppressed then these men of God Facilius enim Dei timore sententiam Legis veram promunt Ambro. Certainly if this had been so abominable so Anti-christian I cannot perswade my self that the Learning of Jewel the Humility of Hooper and the sweet Innocency of Coverdale would have used this Authority and Jurisdiction which we never find they did in the least Scruple But we must not expect to carry it thus a litle Squadron of Difficulties is yet to be encountred And first we are urged with Christs example in refusing to decide a title of Inheritance between brethren Luk. 12. But I see litle reason that this should be binding to his ministers T is true we finde him ever careful not to give offence whereas if he had taken this Jurisdiction upon him his vigilant Adversaries that ever waited for an advantage against him would soone have been upon his back and charged him with Treason For what greater intrenchment upon the royal Prerogative then in anothers Dominion without leave or Cōmission to hear and determine causes Cōmon prudence therefore which our Redeemer the wisdome of the Father ever followed forbad him then to intermedle But where do we finde he tied his disciples hands when times favoured them and the Supream Powers thought good to imploy them Indeed to remove all doubts and feares out of the minde of jealous Herod he tels him his Kingdom is not of this world I come not to trouble or dissolve establisht authorities your State may be secure and my Gospel Preached none that belong to me will raise commotions or take upon them to rebel against their lawful Prince my servants shall not fight for me nor by tumults and wars set up my Kingdom And all the Apologies of the Ancients manifest how the Christians ever prayed for and submitted to the Emperours Let no man then think this Position strang that Church-Government should bear some Correspondence and Analogy with the State For can it rationally be conceived that Christ who was so carefull to enjoyn his followers to give to Caesar the things that were his would have his Gospel bring innovations and changes in well established governments confusions upon lawfull Authority especially when the Model of civil affaires does not contradict but may consist with Religion And I am here confirmed by the practise of Moses who did not crosse the Jewish Policy but sitted the Sacred Government to the Secular And what sad Consequences have ensued the contraryopinion the late madnesse of our Fifth-Monarchy-men have abundantly demonstrated Nor is all Jurisdiction forbidden in that 20. Mat. 25. The plain meaning of that text being no more then this the Apostles quarrelling about Precedency Christ reproves them t is clear they dreamt as the Nation of the Jews foold by their Rabbies that the Messias should have a glorious Temporal Principality as was Solomons and therefore contended who should be the greatest Favourites Now Christ confutes that vulgar error answers pertinently to their thoughts and tells them they must not expect to Lord it over their Brethren that proud insulting Tyranny which others exercised is not for them their Government must be mild humble and consist rather in obeying then commanding And to this purpose he proposes himself for their pattern who came to Minister unto them yet I hope t will be granted there was some difference between the Master and the Servant some Superiority of Christ over his Disciples Nor can that levelling Principle be deduced hence for nihil magis inaequale quam aequalitas T is farther observable Christ instances in the Kings of the Gentiles whose Empires were stained with cruelty and luxury not the Jews whose Government for the most part was more moderate having so many Holy Laws to direct so many Prophets to instruct them But with the Gentiles t was otherwise the Roman Oratour sets out their manner Regum sunt haec imperia Animadverte dicto pare Tully pro. Rabirio illae minae si te secundo limine offendero morier This then seems the genuine sense the Kings of the earth Lord it thus proudly insolently unmercifully you shall not do so but command in love in humility in moderation so that he does not strike at the root of all Authority Jurisdiction amongst his Disciples only ye shal not domineer as the Kings of the Gentiles but in all lowliness rule as the son of man Dominatio interdicitu indicitur ministerium Bern. But the grand Objection that lies against it is that we never find the Apostles to have taken this upon them whose Practise should be a Pattern to their Successours This argument I have often heard urged as the Great Achilles but I wonder any sober learned men should lay stresse upon it Methinks reason and prudence should suggest a distinction of times and inform them that many things may be judged unlawful in one age which in another are found expedient and necessary and so on the contrary Whereas if the
to Foraign Embassadors and to appoint a time and place for the choice of the new King After him follow the rest of the Ecclesiasticks who in the * Assemblies take place of all the Secular Nobles My Authour farther enlarges this to have proceeded from the Piety of the Polish Kings towards the Church that the Sonnes of it should for ever have the highest Place in all Conventions with many other Priviledges which to this day they enjoy in his own words No Clergy-man neither but a Lawyer maximo illius Regni Commodo Emolumento Adjumento addo Ornamento Id. Cromerus addes that there is ever a Royal standing Council assigned the King of which number there are alwaies Two Arch-Bishops and Seaven Bishops Then how considerable a number in all the German Dyets the Ecclesiasticks are * L. de Comitiis ●mp Panvinius is a witness beyond exception who reckons up 34. Bishops that have their votes there besides Abbots Priors c. who passe for Religious Persons And in the Septemvirate we find no lesse then 3 Clergy men Ments Arch-Chancellour of Germany Coln of France and Triers of Italy I shall wholy out of this Catalogue omit Spain and Italy as being such known Vassals to the Pope where the Clergy rule the roast But one word dashes all this they are Papists which is argument enough to many to condemne a thing though back'd by never so strong reasons Let us examine how matters stand with others who have no correspondence with Rome Andreas Bureus in his description of Sweden acknowledges that the Ecclesiasticks were heretofore the prime men in the Senate till the Covetuousnes of Gustavus the first despoiled them of their Revenues Yet since the Reformation they still to this day retain their suffrages in all publick Dyets of the Kingdome Burei Descrip Suec And when the new Crowned King makes choice of his Counsellours the Arch-Bishop of Vpsal is still the first who is allowed a greater proportion of Attendants when he comes to the King then any Noble-man in the Nation no lesse then 40. Horse being permitted him whereas others Retinue must not exceed 30. And in the great Assembly A. 1600 convened at Lincopen we find mentioned both Bishops and other Ecclesiasticks For Denmark Pontanus recites 7 Bishops as the Ecclesiasticall Nobility who have Votes in all grand meetings Jonas ab Elvervelt distributes the states of Holstein into Three Orders 1 King and Princes 2 Prelates 3 the Families of the Nobles and he makes the Bishops of Lubec and Sleswick the 2 prime Peeres in all the Dyets MS in Arch. Bodl. entit the man of hald Par. Scot. In Scotland anciently the Bishops and Prelates were essential members of Parliament and had their Seates on the Right Hand of the Prince And in a Parliament held at Edinburg A. 1597 a Vote passed for restoring the Clergy to their Original Priviledges as the 3 Estate of the Kingdom the Learned King James condemning that Act of Annexing their Temporalties to the Crown as * Basil Dor. l. 2. p. 43. vile and pernicious Then for Geneva who is so much a stranger to the conduct of that Reformation as to be ignorant what a stroke Calvin and others had upon the Senate or grand Counsel which gave occasion to the complaint of some that they had expelled one Bishop and admitted many If remoter Countries be regarded amongst the Abissines the Clergy is Paramount * Dresser Orat. imployed in affaires of all natures and we read in Damianus a Gôes of Zaga-Zaba an Ethiopian Bishop Viceroy of Bagana sent Embassadour to the King of Portugal In Muscovy their Supreame Convention which the Inhabitants call Zabore consists of the great Duke 20 Nobles and as many Ecclesiasticks the common People being wholy excluded Gaguin And when they are met together to deliberate the Patriarch and Ecclesiasticks are first consulted and deliver their Opinion I shall conclude this Paragraph only reminding that neither Pagans nor Mahomatans are so inhuman so discourteous towards their Priests as to deny them this Liberty For Tully acquaints us that it was by the appointment of the gods Orat. pro Dom. suâ that the Pontisices should not only take care of Religion but summae Reip. praeesse Voluerunt Nay at this very day the Barbarous Turks never exclude their Mufti but allow him free entrance into all their Councills and Divan CHAP. II. The Clergies Antient Priviledges in this Kingdom and their Restitution pressed by many Arguments T Is Recorded to the Glory of England that her Bounty and Liberality to the Church in Stately Fabricks and Revenues her Favour and Indulgence in large Priviledges and Immunities have come short of no Nation in the World I might produce many instances to that purpose but for the present shall single out one as more eminent and glorious then the rest viz. Admitting them to all publick Debates and Assemblies I 'le begin with the Saxons who had many solemn meetings 1. their Scire-Gemots which some learned Antiquaries resemble to our County-Courts or Sheriffs-Torn in which all Causes both Criminal and Civil concerning Church or State were handled The Persons bound to be present were the Sheriff the Bishop and all the Nobles of the County till at last upon their Humble Petition Ecclesiasticks were dispensed with by the Statute of Marlborough 52. Edw. 3. unlesse urgent necessity required it Secondly Their Folc-mots a kind of Annual Parliament commonly held the beginning of May in which all the Princes of the Kingdom Bishops and Magistrates assembled and the Laity took the Oath of Allegiance and confirmed their own mutual Union before the Bishops The Original of this is intimated to be as high as King * L.L. Edv. Conf. c. 35. Arthur Thirdly Their Wittena-Gemots or Mycel-Synoth the Grand Convention of the Wisemen These whosoever desires to look farther into may have recourse to Spelmans Laborious Glossary V. Gemot Now out of none of these were the Clergy excluded but ever reckoned an eminent Principal part of each their Counsel Votes and Approbation demanded before any Laws were constituted For proof of this we shall look back above 1000 years to Ethelbert who presently after Austins arrival A. 605. calld a grand Assembly tam * Spelm. Con. p. 126. Cleri quam Populi .. In the Laws of King Ina which Florentius Wigorn. dates A. 686. Spelman 692. Lambard 712. we read that they were written by the perswasion and advice of his Bishops Hedda and Erkenwald and though Spelman excerps no more then concern the Church as being only proper to his design yet Lambard mentions many Civil matters there determined And when the Great League and Union between the Britons Saxons and Picts was concluded we have it ratified per commune Consilium Assensum Omnium Episcoporum Procerum Comitum omnium Sapientum Seniorum Populorum Bed Hist l. 1. per Praeceptum Regis Inae In the Laws of K. Ethelstan about the