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A49529 Episcopall inheritance, or, A reply to the humble examination of a printed abstract of the answers to nine reasons of the Hovse of Commons against the votes of bishops in Parliament also a determination of the learned and reverend bishop of Sarum Englished. Langbaine, Gerard, 1609-1658. 1641 (1641) Wing L367; ESTC R22130 27,048 63

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When the Arke of God whereunto they sought not in the dayes of Saul had continued long at Kiriath jearim David out of his zeale and piety was moved to prepare a Tent for it inthe city of David and when he began to remove it hee called a great Assembly of principall 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 Iudgement upon VZZah which hindred the progresse of the good worke and David was afraid of God that day saying How shall I bring the Arke of God home to me So the Arke rested in the house of Obed Edom. But afterwards upō better advise David perceived his errour and he confesseth it cap. 15. 12 13. speaking to the chiefe of the Priests and Levites Sanctify your selves both yee and your brethren that you may bring up the Arke of the Lord God For because you did it not at the first The Lord God made a breach upon us for that we sought him not after the due Order This was a great and a godly worke that was then intended and therefore King David called a great Parliament about it 1. of the Elders of Israel 2. of the captaines of thousands and hundreds whose names and praises are recorded 1. Chron. 11. 26. 3. the Priests and Levites who did it not at the first ver. 13. But now upon better advise King David assembled with the first the children of Aaron and the Levites ver. 4. So that men of all Estates were now present in this godly worke This is to bee marked well of Princes and of all those of any high calling or degree that hath to doe in Gods cause David doth nothing in matters pertaining to God without the presence and especiall concurrence of Gods Ministers appointed to bee spirituall rulers in Gods Church And at the first meant to convay the same Arke to Ierusalem finding their absence and want of their Counsell hurtfull therefore hee saith to them Yee are the chiefe Fathers of the Levites Because yee did it not at the first Thus saith King Iames of blessed memory but now there is a generation of men who doe not thinke the Clergy necessary men to bee consulted that will interpret scriptures remove the Arke as it were and doe things without the presence vote and suffrage of the chiefe Fathers of the Levites which how it agreeth with this pious example of King David and King Iames meditation upon it I leave to be considered and submit to better judgements XXI The first frame of our English Commonwealth was so fetled and ordered by the Saxon Kings when once they became Christians That the Bishop in his Diocesse together with the Earle of the County and so their deputies in inferior Courts under them should be equall Iudges together upon the same Bench in the same Courts and there determineall causes in the forenoon Church-matters and in the afternoon secular busines As Bishop Iewell in part observeth in his Defence of the Apology part 6. pag. 522. This course continued till William the Conquerour and perhaps it had been very happy for our Commonwealth if the frame of our laws and Courts had so still continued mingled together for many reasons that I will not now insist upon XXII The Conquerour first separated the Temporall Courts from the Ecclesiasticall yet not diminishing the authority of the Churches Iurisdiction which by his oath he confirmed and promised to preserve affirming quòd per Ecclesiam Rex Regnum solidum habent subsistendi fundamentum So that he subverted not the Ecclesiasticall power and Iurisdiction but as formerly in the County or in the Hundred so now in the Bishops Court all Ecclesiasticall causes were heard and determined for the old manner the lawes of King Edgar doe shew it cap. 5. Intersit unusquisqueHundredi Gemoto ut superiùs est praescriptum habentur burgemoti tres quotannis duo verò scire gemoti de istis adsunto loci Episcopus Aldermanus doceatque alter jus divinum alter seculare In Hundredo aderant Thani quos Baroues vocant posteri ut patet è LL Ethelredi cap. 1. ipsique judices Ecclesiastici cum partis illius clero in Hundredo enim non minùs quàm in comitatu unà tunc agebantur quae ad forum pertinent Ecclesiasticum quae ad seculare donec Gulielmus Conquestor divisis jurisdictionibus hanc ab illa separavit XXIII For the Division of the Courts and the erection of the Ecclesiasticall to sit by themselves under the Bishop and Archdeacon it appeares by the Charter of King William to the Deane and Chapter of Lincolne And although it be sent in the direction by name to them only yet it seems it grew afterwards to be a generall law no otherwise then the statute of circumspecte agatis that hath a speciall reference only to the Bishop of Norwich as Mr Selden relateth in his history of Tithes cap. 14. 1. in his Ianus lib. 2. 14. and in his not ad Eadmer pag. 167. The words of it as they are recorded are Willielmus gratiâ Dei Rex Anglorum Comitibus vicecomitibus omnibus Francigenis Anglis qui in Episcopatu Remigij Episcopiterras habent salutem Sciatis vos omnes caeteri mei fideles qui in Anglia authoritate praecipio ut nullus Episcopus vel Archidiaconus de legibus Episcopalibus ampliùs in Hundret placita teneant nec causam quae ad Regimen animarum pertinet ad judicium secularium hominum adducant sed quicunque secundùm Episcopales leges de quacunque causâ vel culpâ interpellatus fuerit ad locum quem ad hoc Episcopus elegerit nominaverit veniat ibique de causa sua respondeat non secundùm Hundret sed secundum Canones Episcopales leges rectum Deo Episcopo suo faciat Which I the rather transcribe here because also it seemes togive the originall of the Bishops Consistory as it sits with us divided from the hundred or County Court wherewith in the Saxon's time it was joyned And in the same law of his is further added Hoc etiam defendo ut nullus laicus homo de legibus quae ad Episcopum pertinent se intromittat c. Thus M. Selden only the words of the charter are more fully recited out of the Records by another learned Authour Si verô aliquis per superbiam elatus ad justitiam Episcopalem venire noluerit vocetur semel et secundò et tertio Quòd si nec sic ad emendationem venerit excommunicetur Et si opus fuerit ad hoc vindicandum fortitudo et justitia Regis vel Vicecomitis adhibeatur Ille autem qui vocatus ad justitiam Episcopi venirenoluerit pro unaquaque vocatione legem Episcopalem emendabit Hoc etiam defendo et meâ authoritate interdico ne ullus Vicecomes aut
owne some of the Emperours before him even from the dayes of Constantine the great which shew that Bishops in their Episcopall Audience sate not without their Chancellours although their Chancellours 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 Chancellours nor alwayes Vicars Generalls Officials nor Commissaries yet they had other titles but the same offices Ecclesiastici or Episcoporum Ecdici as much as to say as Church-Lawyers or Bishops Lawyers professed Civilians and Canonists of that age the very selfe-same Officers and Office that the Bishops Vicar-generalls then were and now are Who together with the Bishops then made and doe now make but one and the same Tribunall and Consistory their Commissions they held from the Bishops but their Iurisdiction from the Law And the cause why the Imperiall power furnished the Bishops with these Officers was the multitude and variety of Ecclesiasticall causes more in that age then now the decisions whereof in their Consistories being left to the Bishops the Emperour doubted might have drawn them from prayer and divine exercises And a second reason was that the cause of the cognisance of their Courts weremore likely to have thereby a more speedy ready and Iudicious triall before Iudges of the same learning which require a whole man then before Iudges of another though an higher requiring as the Bishops pastorall office doth a whole man too And a third reason also may be added Because that clerkes suits and quarrells should not be divulged and spread abroad amongst the secular sort which trenched many times upon the whole profession especially in Capitall matters wherein Princes aunciently so much tendred the Clergy that if a Clerke had committed an offence worthy of death or open shame whereby he became perpetually infamous hee was not first executed or put to open shame before hee was degraded by the Bishop and his Clergy and so was executed and put to shame not as a Clerke but as a laymalefactour for the Honour and dignity of Priesthood It were to be wished this order were retained still that Clerks should not passe immediatly 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 Iurisdiction of the Crowne But this and whatsoever else is said here I submit to the censure of superiours A DETERMINATION OF A Question made by the right Reverend IOHN DAVENANT late Bishop of SARUM QUAEST. 11th Civill Jurisdiction is by right granted to Ecclesiasticall PERSONS IT is by the warrant of Christ himselfe that the Church doth claime and execute a spirituall Iurisdiction 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 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 unskilfull in Ecclesiasticall affayres that will deny this Authority which indeed goes not beyond Excommunication to have been conferred on Church-men from the beginning by divine Institution But in this our Church Christian Princes have furthermore allowed the Clergy temporall authority by vertue whereof they inflict civill punishments on Heretiques Schismaticks and other despisers of the Church As also many sage and grave Divines are in divers places endowed with the publique power of Iustices of Peace Concerning this Iurisdiction let us enquire whether it may lawfully be granted to Church-men which that it may lawfully be done these following Reasons have induced me to believe It is first to be considered thatboth these Iurisdictions tend to the same end of promoting Iustice and bridling vice but with this difference that that power which is meerly spirituall makes use only of spirituall means whereas the weapons of civill authority be coactive and externall as Imprisonment Fines and corporall punishments Here therefore would I know why it should be esteemed a wicked and unlawfull act not suiting to the holy function of a Priest to correct Hereticks Schismaticks and other vile and notorious disturbers of the Christian Common-wealth's Peace as well with civill and bodily chastisements as those of the spirit where Power is given them so to doe To resist and pull downe vices by either way is a good and plausible action and of it 's selfe misbeseeming no Person though never so holy The blessed Angellsof Heaven deeme it a thing in no wise contrary to their sanctity in the name and command of God to smite the prophane with corporall Punishments Why then should the Angells of the Church thinke it not lawfull to adjudge the same delinquents to any deserved punishments when by the decree of their Soveraign Gods Vice-gerent here on earth it is so determined For the Execution of civill Authority is not of it's selfe repugnant to any Person how holy soever nor disagreeing to the office of Priesthood Againe the high and absolute Power of the Giver perswades me that Church-men doe by good right exercise this Iurisdiction For the King being by God's appointment the Fountaine of all civill Authority may without offence derive some rivelets thereof to what Persons he shall thinke fit whether Lay or Ecclesiasticall I said but some rivelets because though no Temporall office by Gods lawes are forbidden the Clergy wisdome and equity permit not Kings so farre to burthen them with state affaires as wholy to divert them from their spirituall Function This Power therefore is so to be entrusted to them as it may be an Ornament or Furtherance to the Church government no hinderance or obstacle thereunto But it is not for every vulgar judgment or envious Peece to determine how farre this Iurisdiction is to be granted to the Clergy so that it may helpe and not trouble them in their Ministery But what Aristotle the life of Philosophers said concerning the Meane in vertues that it is so to bee order'd {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} as the wise man shall think fit May be applyed to this Temporall Iurisdiction that it is so farre to bee communicated to Church-men as a Iudicious and wise Prince shall thinke convenient Seeing then it hath pleased Christian Kings to arme the Clergy with some civill Iurisdiction and ordaine that to the greater improvement of Christianity and casting downe of wickednesse they should exercise both Ecclesiasticall and civill Iurisdiction it is most apparantly lawfull and pious and plainely necessary by the ayde of both Iurisdictions as with a two-edged sword to preserve piety and the Peace of the Church and cut of it 's Opposers 3ly Because to many it seems unfitting the successours