themselves to depart Such were * Androniours Rom. 16. 17. Apollos Acts 19. 1. 1 Cor. 3. 6. Aquila Rom. 16. 3. Archippus Phil. 2. Col. 4. 17. Aristarchus Acts 20. 4. Clemens Phil. 3. 4. Crescence 2 Tim. 4. 10. Demetrius 3 John 12. Epaphras Col. 4. 12. c. 1. 7. Philem. 24. Epaphroditus Phil. 2. 23. Epaenetus Rom. 16. 5. Erastus Acts 19. 22. Gajus Acts 20. 4. Jesus Justus Col. 4. 11. John Marke Acts 13. 5. 15. 37. c. Philem. 24. Lucas Philem. 24. Col. 4. 14. Secundus Act. 20. 4. Silvanus 1 Pet. 5. 12. 1 Thes. 1. 2. 2 Thes. 11. Sopater Acts 20. 4. Sosttheues 1 Cor. 1. 1. * Stachys Rom. 6. 9. Stephanus 1 Cor. 16 15. Tertius Rom. 16. 22. Timotheus Acts 19. 22. 20. 4. Titus 2 Cor. 8. 23. Trophimus Acts 20. 4. Tychicus Acts 20. 4. * Col. 4. 7. Urbanus Rom. 16. 9. Of whom Eusebius lib. 3. Hist. cap. 4. Euthymius in tertium Johannis Isydorus de patrib Derothei Synopsis * To these as namely to Timothy and Titus two of these one at Ephesus the other in Crete Euseb. lib. 3. cap. 4. The Apostles imparted their own Commission while they yet lived even the chief Authority they had To appoint Priests Titus 1. 5. Hieron in eum locum To ordain them by laying on of hands 1 Tim. 5. 22. 2 Tim. 2. 2. To keep safe and preserve the Depositum 1 Tim. 6. 14. 20. 1 Tim. 1. 14. To command not to teach other things 1. Tim. 1. 3. Titus 3. 9. 2 Tim. 2. 16. To receive accusations 1 Tim. 5. 19. 21. To redress or correct things amiss Titus 1. 5. To reject young Widdows 1 Tim. 5. 11. To censure Hereticks and disordered persons Titus 1. 11. and 3. 10. 1 Tim. 6. 5. 2 Tim. 3. 5. And these after the Apostles deceased succeeded them in their charge of Government which was Ordinary Successive and perpetual Their extraordinary gifts of Miracles and Tongues ceasing with them So Irenaeus lib. 3. cap. 3. Quos successores relinquebant suum ipsorum locum Magisterii tradentes Of the promiscuous use of their Names Hese were they whom posterity called Bishops but in the beginning regard was not had to distinction of Names the Authority and power was ever distinct the Name not restrained either in this or others The Apostles called Priests or Seniors 1 Pet. 5. 1. Deacons or Ministers 1 Cor. 3. 5. Teachers or Doctors 1 Tim. 2. 7. Bishops or Overseers Acts 1. 20. Prophets Acts 13. 1 Rev. 22. 9. Evangelists 1 Cor. 9. 16. 9. The name of Apostle was enlarged and made common to more then the XII To Barnabas Act. 14. 4. 14. Andronicus Rom. 16. 7. Epaphroditus Phil. 2. 25. Titus and others 2 Cor. 8. 23. Timothy Hierom. in Cantic Chro. Euseb. The Priests were called Prophets 1 Cor. 14. 32. Bishops Phil. 1. 4. Titus 1. 7. So Chrysost. in Phil. 1. Quid hoc an unius eivitatis multi erant Episcopi nequaquam sed Presbyteros isto nomine appellavit tunc enim nomina adhuc erant communia Hierom. Hic Episcopos Presbyteros intelligimus non enim in una urbe plures Episcopi esse potuissent Theodoret. * Ne fieri quidem poterat ut multi Episcopi essent unius civitatis pastores quo fit ut essent Presbyteriquos vocavit Episcopos Et in 1 Tim. 3. Eosdem olim vocabant Episcopos Presbyteros eos autem qui nunc vocantur Episcopi nominabant Apostolos Oecumenius Non quod in una eivitate multi essent Episcopi sed Episcopos vocat Presbyteros tunc enim nominibus adhuc communicabant For in the Apostles absence in Churches new planted the oversight was in them till the Apostles ordained and sent them a Bishop either by reason of some Schisme or for other causes The Bishops as the Ecclesiastical History recounteth them were called Apostles Phil. 2. 25. Evangelists 2 Tim. 4. 5. Deacons 1 Tim. 4. 6. Priests 1 Tim. 4. 17. For it is plain by the Epistle of Irenaeus to Victor in Eusebius lib. 5. cap. 25. that they at the beginning were called Priests that in very truth and propriety of Speech were indeed Byshops and by Theodoret Phil. 2. 25. That they that were Bishops were at first called Apostles The name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith Suidas was given by the Athenians to them which were sent to Oversee the cities that were under their Jurisdiction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Suid. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rodigin 18. 3. The name Episcopus was given among the Romans to him qui praeerat pansi voenalibus ad victum quotidianum F. de muneribus honoribus Cicero ad Atticum lib. 7. Epist. 10. vult me Pompeius esse quem tota haec Campania maritima or a habeat Episcopum The name in Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gen. 41. 34. seemeth to have relation to the second use for they were such as had charge of the grain laying up and selling under Joseph The use of the BISHOPS Office and the charge committed to him The party who in the New Testament is called Episcopus is in the Old called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Office in the New 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 3. 1. in the old 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Psalm 109. 8. with Acts 1. 20. In a House or Family it is affirmed of Joseph Gen. 39. 4. who had the oversight and government of the rest of the Servants In a House there be many Servants which have places of charge * Matt. 25. 14. but there is one that hath the charge of all * Luk. 12. 42. that is Occonomus the Steward So doe the Apostles term themselves 1 Cor. 4. 1. And their Office 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 9. 17. And their successors the Bishops Tit. 1. 7. 9. Vide Hilar. in Matt. 24. 45. In a Flock the Pastor John 21. 15. Acts 20. 28. Matt. 25. 32. 1. Pet. 3. 2. Eph. 4. 11. In a Camp * the Captain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Matt. 2. 6. Heb. 13. 7. 17. 24. In a Ship the Governor * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 12. 28. under whom there are * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Acts 13. 5. In the Common-wealth they be such as are set over Officers to hasten them forward and so they doe their duties as in 2 Chron. 34. 13. 31. 13. Nehemiah 11. 22. 12. 42. So that what a Steward is in a House A Pastour in a Flock A Captain in a Campe A Master in a Ship A Surveyor in an Office That is a Bishop in the Ministery Upon him lieth first 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the eare of the Churches under him 2 Cor. 11. 28. Phil. 2. Concil Antiochen can 9. * Act. 9. 32. 15. 36. and to be observant * II. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the visiting of them Acts 9. 32. 15 16. * And in both these I. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tikkun * the confirming of
Peter in the new Testament as though because the one did term the Jews a Priestly Kingdom the other us a Kingly Priesthood Those two Substantives Kingdom and Priesthood should import that Judaisme did stand through the Kings Superiority over Priests christianity through the Priests Supream Authority over Kings Is it probable that Moses and Peter had herein so nice and curious conceits or else more likely that both meant one and the same thing namely that God doth glorifie and sanctifie his even with full perfection in both which thing St. John doth in plainer sort express saying that Christ hath made us both Kings and Priests Wherein it is from̄ the purpose altogether alledged that Constantine termeth church-Officers Overseers of things within the church himself of those without the church that Hilarie beseecheth the Emperor Constance to provide that the Governor of his Provinces should not presume to take upon them the judgment of Ecclesiastical Causes unto whom commonwealth matters only belonged That Ambrose affirmeth Palaces to belong unto the Emperor but churches to the minister The Emperor to have Authority of the common walls of the city and not over holy things for which cause he would never yield to have the causes of the Church debated in the Princes consistory but excused himself to the Emperor Valentinian for that being convented to answer concerning Church matters in a Civil Court he came not That Augustine witnesseth how the Emporor not daring to judge of the Bishops cause committed it unto the Bishops and was to crave pardon of the Bishops for that by the Donatists importunity which made no end of appealing unto him he was being weary of them drawn to give sentence in a matter of theirs all which hereupon may be inferred reacheth no further then only unto the administration of Church Affairs or the determination of Strifes and Controversie rising about the matter of Religion It proveth that in former ages of the world it hath been judged most convenient for Church-Officers to have the hearing of causes meerly Ecclesiasticall and not the Emperour himself in person to give sentence of them No one man can be sufficient for all things And therefore publick affairs are divided each kind in all well ordered States allotted unto such kind of persons as reason presumeth fittest to handle them Reason cannot presume Kings ordinarily so skilfull as to be personal Judges meet for the common hearing and determining of Church controversies But they which are hereunto appointed and have all their proceedings authorized by such power as may cause them to take effect The principality of which power in making Laws whereupon all these things depend is not by any of these allegations proved incommunicable unto Kings although not both in such sort but that still it is granted by the one that albeit Ecclesiastical Councels consisting of Church Officers did frame the Lawes whereby the Church affairs were ordered in ancient times yet no Canon no not of any Councel had the force of Law in the Church unless it were ratified and confirmed by the Emperour being Christian. Seeing therefore it is acknowledged that it was then the manner of the Emperor to confirm the Ordinances which were made by the Ministers which is as much in effect to say that the Emperour had in Church Ordinances a voice negative and that without his confirmation they had not the strength of publick Ordinances Why are we condemned as giving more unto Kings then the Church did in those times we giving them no more but the supreme power which the Emperor did then exercise with much larger scope then at this day any Christian King either doth ar possibly can use it over the Church The case is not like when such Assemblies are gathered together by supreme authority concerning other affairs of the Church and when they meet about the making Ecclesiasticall Lawes or Statutes For in the one they only are to advise in the other they are to decree The persons which are of the one the King doth voluntarily assemble as being in respect of gravity fit to consult withall them which are of the other he calleth by prescript of Law as having right to be thereunto called Finally the one are but themselves and their sentence hath but the weight of their own judgement the other represent the whole Clergie and their voices are as much as if all did give personal verdict Now the question is whether the Clergie alone so assembled ought to have the whole power of making Ecclesiasticall Laws or else consent of the Laity may thereunto be made necessarie and the Kings assent so necessary that his sole deniall may be of force to stay them from being Laws If they with whom we dispute were uniform strong and constant in that which they say we should not need to trouble our selves about their persons to whom the power of making Laws for the Church belongeth For they are sometimes very vehement in contention that from the greatest thing unto the least about the Church all must needs be immediatly from God to this they apply the patern of the ancient Tabernacle which God delivered unto Moses and was therein so exact that there was not left as much as the least pin for the wit of man to devise in the framing of it To this they also apply that strict and severe charge which God so often gave concerning his own Law Whatsoever I command you take heed you doe it thou shalt put nothing thereto thou shalt take nothing from it nothing whether it be great or smal Yet sometime bethinking themselves better they speak as acknowledging that it doth suffice to have received in such sort the principall things from God and that for other matters the Church hath sufficient authority to make Laws wherupon they now have made it a question what persons they are whose right it is to take order for the Churches affairs when the institution of any new thing therein is requisite Laws may be requisite to be made either concerning things that are only to be known and believed in or else touching that which is to be done by the Church of God The Law of nature and the Law of God are sufficient for declaration in both what belongeth unto each man separately as his soule is the spouse of Christ yea so sufficient that they plainly and fully shew whatsoever God doth require by way of necessary introduction unto the state of everlasting bliss But as a man liveth joyned with others in common society and belongeth unto the outward politique body of the Church albeit the said Law of Nature and of Scripture have in this respect also made manifest the things that are of greatest necessity nevertheless by reason of new occasions still arising which the Church having care of souls must take order for as need requireth hereby it cometh to pass that there is
p. 114. l. 3. dele the. l. 20. r. are l. 30. dele p. 115. l. 24. r. they p. 116. l. 19. r. of this mind l. ult dele ut p. 117. l. r. degrees p. 122. l. 4. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 128. l. 6. r. Scythia p. 130. l. 26. r. These p. 132. l. 26. r. pam l. ult r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 133. l. 18. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. 25. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In marg p. 134. l. 4. r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 150. l. 12 dele 2. p. 147. l. 2. r. Christi REcensui Librum cui Titulus CLAVI TRABALES Imprimatur Tertio Nonas Sext. 1661. MA. FRANCK S. T. P. Reverendo in Christo Patri Episcopo Londinesi à Sacris Domesticis A SPEECH Delivered in the CASTLE-CHAMBER at DUBLIN 22. of November Anno 1622. At the Censuring of some Officers who refused to take the Oath of Supremacy By the late Lord Primate Usher then Bishop of Meath WHat the danger of the Law is for refusing this Oath hath been sufficiently opened by my Lords the Judges and the quality and quantity of that Offence hath been agravated to the full by those that have spoken after them The part which is most proper for me to deal in is the information of the Conscience touching the Truth and Equity of the matters contained in the Oath which I also have made choice the rather to insist upon because both the form of the Oath it self requireth herein a full resolution of the Conscience as appeareth by those words in the very beginning thereof I do utterly testifie and declare in my Conscience c. And the Persons that stand here to be censured for refusing the same have alledged-nothing in their own defence but only the simple Plea of Ignorance That this point therefore may be cleered and all needless Scruples removed out of mens minds Two maine Branches there be of this Oath which require special Consideration The one Positive acknowledging the Supremacy of the Government of these Realms in all Causes whatsoever to rest in the the Kings Highness only the other Negative renouncing all Jurisdictions and Authorities of any Forraigne Prince or Prelate within His Majesties Dominions For the better understanding of the former we are in the first place to call unto our remembrance that Exhortation of St. Peter Submit your selves unto every Ordinance of Man for the Lords sake whether it be unto the King as having the Preheminence or unto Governors as unto them that are sent by him for the punishment of evil doers and for the praise of them that do well By this we are taught to respect the King not as the only Gove nor of his Dominions Simply for we see there be other Governors placed under him but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as him that excelleth and hath the preheminence over the rest that is to say according to the Tenure of the Oath as him that is the only Supream Governor of his Realms Upon which ground we may safely build this conclusion that whatsoever Power is inetdent unto the King by vertue of his place must be acknowledged to be in him Supream there being nothing so contrary to the nature of Soveraignty as to have another Superior power to over-rule it Qui Rexest Regem Maxime non habeat In the second place we are to consider that God for the better setling of Piety and Honesty among men and the repressing of Prophaneness and other Vices hath establisted two distinct powers upon earth the one of the Keys committed to the Church the other of the Sword committed to the Civil Magistrate That of the Keys is ordained to work upon the Inner man having immediate Relation to the remitting or retaining of sins That of the Sword is appointed to work upon the outward man yielding Protection to the obedient and inflicting external punishment upon the Rebellious and Disobedient By the former the spiritual Officers of the Church of Christ are enabled to govern well to speak and exhort and rebuke with all authority to loose such as are penitent to commit others unto the Lords Prison until their amendment or to bind them over unto the Judgment of the great Day if they shall persist in their wilfulness and obstinacie By the other Princes have an imperious power assigned by God unto them for the defence of such as do well and executing revenge and wrath upon such as do evil whether by death or banishment or confiscation of Goods or Imprisonment according to the quality of the offence When St. Peter that had the Keys committed unto him made bold to draw the Sword he was commanded to put it up as a weapon that he had no authority to meddle withall and on the other side when Uzziah the King would venture upon the Execution of the Priests office it was said unto him It pertaineth not unto thee Uzziah to burn incense unto the Lord but to the Priests the Sons of Aaron that are consecrated to burn Incense Let this therefore be our second conclusion that the Power of the Sword and of the Keys are two distinct ordinances of God and that the Prince hath no more authority to enter upon the execution of any part of the Priests function then the Priest hath to intrude upon an◠part of the office of the Prince In the third place we are to observe that the power of the Civil Sword the Supreame managing whereof belongeth to the King alone is not to be restrained unto temporal causes only but is by Gods ordinance to be extended likewise unto all Spiritual and Ecclesiastical Things and Causes That as the Spiritual Rulers of the Church do exercise their kind of Government in bringing men unto obedience not of the duties of the first Table alone which concerneth Piety and the Religious Service which man is bound to perform unto his Creator But also of the second which respecteth moral honesty and the Offices that man doth owe unto man So the Civil Magistrate is to use his Authority also in redressing the abuses committed against the first Table as well as against the Second that is to say as well in punishing of an Heretick or an Idolater or a Blasphemer as of a Thief or a Murtherer or a Traytor and in providing by all good means that such as live under his Government may lead a quiet and peaceable life in all Piety and Honesty And how soever by this means we make both Prince and Priest to be in their several places custodes utriusque Tabulae Keepers of both Gods Tables yet do we not hereby any way confound both of their Offices together for though the matter wherein their government is exercised may be the same yet is the form and manner of governing them alwayes different the one reaching to the outward man only the other to the Inward the one binding or loosing the soul the
other laying hold on the body and the things belonging thereunto The one having speciall reference to the Judgment of the world to come the other respecting the present retaining or loosing of some of the comforts of this Life That there is such a Civil Government as this in Causes Spiritual and Ecclesiasticall no man of Judgment can deny For must not Heresie for example be acknowledged to be a Cause meerly Spirituall or Ecclesiasticall and yet by what power is an Heretick put to death The Officers of the Church have no authority to take away the life of any man it must be done therefore per brachium seculare and consequently it must be yeelded without contradiction that the Tempor all Magistrate doth exercise therein a part of his Civil Government in punishing a crime that is of its own nature Spiritual or Ecclesiasticall But here it will be said the words of the Oath being generall that the King is the only supreme Governor of this Realm and of all other his Highness Dominions and Countries How may it appear that the power of the Civil Sword is only meant by that Government and that the power of the Keys is not comprebended therein I answer First that where a Civil Magistrate is affirmed to be the Governor of his own Dominions and Countries by common intendment this must needs be understood of a Civil-Government and may in no reason be extended to that which is meerly of another kind Secondly I say That where an Ambiguity is conceived to be in any part of an Oath it ought to be taken according to the understanding of him for whose satisfaction the Oath was ministred Now in the case it hath been sufficiently declared by publick authority that no other thing is meant by the Government here mentioned but that of the Civil Sword only For in the book of Articles agreed upon by the Arch-Bishop and Bishops and the whole Clergie in the Convocaetion holden at London Anno 1562. Thus we read Where we attribute to the Queens Majesty the Chief Government by which Titles we understand the minds of some standrous folkes to be offended we give not to our Princes the Ministring either of Gods word or of the Sacraments the which thing the Injunctions also lately set forth by Elizabeth our Queen doth most plainly testifie but that only prerogative which we see to have been given alwayes to all Godly Princes in holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their Charge by God whether they be Ecclesiasticall or Temporall and restrain with the Civil Sword the stubbornand evill doers If it be here objected that the Authority of the Convocation is not a sufsicient ground for the Exposition of that which was enacted in Parliament I answer that these Articles stand confirmed not only by the Royall assent of the Prince for the establishing of whose Supremacy the Oath was framed but also by a speciall Act of Parliament which is to be found among the Statutes in the thirteenth yeer of Queen Elizabeth Cap. 12. Seeing therefore the makers of the Law have full authority to expound the Law and they have sufficiently manifested that by the Supream Government given to the Prince they understand that kind of Government only which is exercised with the Civil Sword I conclude that nothing can be more plaine then this that without all scruple of conscience the Kings Majesty may be acknowledged in this sense to be the only Supream Governor of all his Highness Dominions and Countrys as well in all Spiritual or Ecclesiastical Things or Causes as temporal and so have I cleered the first main branch of the Oath I come now unto the Second which is propounded negatively That no forreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preheminence or Authority Ecclesiastical or Spiritual within this Realm The Forreiner that challengeth this Ecclesiastical or Spiritual Jurisdiction over us is the Bishop of Rome And the Title whereby he claimeth the Power over us is the same whereby he claimeth it over the whole world because he is St. Peters Successor for sooth And indeed if St. Peter himself had been now alive I should freely confess that he ought to have spiritual Authority and Superiority within this Kingdom But so would I say also if St. Andrew St. Bartholomew St. Thomas or any of the other Apostles had been alive for I know that their Commission was very large to go into all the world and to preach the Gospel unto every Creature So that in what part of the world soever they lived they could not be said to be out of their charge their Apostleship being a kind of an Universal Bishoprick If therefore the Bishop of Rome can prove himself to be one of this Rank the Oath must be amended and we must acknowledge that he hath Ecclesiastical Authority within this Realm True it is that our Lawyers in their yearly Books by the name of the Apostle do usually designe the Pope But if they had examined his Title to that Apostleship as they would try an Ordinary mans Title to a Piece of Land they might easily have found a number of Flaws and main defects therein for first it would be enquired whether the Apostleship was not ordained by our Saviour Christ as a special Commission which being personal only was to determine with the death of the first Apostles For howsoever at their first entry into the Execution of this Commission we find that Matthias was admitted to the Apostleship in the Roome of Judas yet afterwards when James the Brother of John was slain by Herod we do not read that any other was substituted in his place Nay we know that the Apostles generally left no Successors in this kind Neither did any of the Bishops he of Rome only excepted that sate in those famous Churches wherein the Apostles exercised their Ministry challenge an Apostleship or an Universal Bishoprick by vertue of that succession It would Secondly therefore be enquired what sound evidence they can produce to shew that one of the Company was to hold the Apostleship as it were in Fee for him and his Successors for ever and that the other Eleven should hold the same for Term of life only Thirdly if this State of perpetuity was to be cast upon one how came it to fall upon St. Peter rather then upon St. John who outlived all the rest of his Fellows and so as a Surviving Feoffee had the fairest Right to retain the same in himself and his Successors for ever Fourthly if that State were wholy setled upon St. Peter seeing the Romanists themselves acknowledge that he was Bishop of Antioch before he was Bishop of Rome We require them to shew why so great an Inheritance as this should descend unto the younger Brother as it were by Borough-English rather than to the Elder according to the ordinary manner of
of condition that may seem unequal unto any side and to refer unto his own sacred breast how fat he will be pleased to extend or abridge his Favours of whose Lenity in forbearing the executing of the Statute our Recusants have found such experience that they cannot expect a greater liberty by giving any thing that is demanded then now already they do freely enjoy As for the fear that this voluntary contribution may in time be made a matter of Necessity and imposed as a perpetual charge upon posterity it may easily be holpen with such a clause as we find added in the grant of an ayde made by the Popes Council An 11. H. 3. out of the Ecclesiastical Profits of this Land Quod non debet trahi in confuetudinem of which kinds of Grants many other Examples of later memory might be produced and as for the proportion of the sum which you thought to be so great in the former proposition it is my Lords desire that you should signifie unto him what you think you are well able to bear and what your selves will be content voluntarily to proffer To alledge as you have done that you are not able to bear so great a charge as was demanded may stand with some reason but to plead an unability to give any thing at all is neither agreeable to reason or duty You say you are ready to serve the King as your Ancestors did heretofore with your bodys and lives as if the supply of the Kings wants with monys were a thing unknown to our Fore-fathers But if you will search the Pipe-Rolls you shall finde the names of those who contributed to King Henry the third for a matter that did less concern the Subjects of this Kingdom then the help that is now demanded namely for the marrying of his Sister to the Emperor In the Records of the same King kept in England we finde his Letters Patents directed hither into Ireland for levying of money to help to pay his debts unto Lewis the Son of the King of France In the Rolls of Gasconie we finde the like Letter directed by King Edward the Second unto the Gentlemen and Merchants of Ireland of whose names there is a List there set down to give him ayd in his Expedition into Aquitain and for defence of his Land which is now the thing in question We finde an Ordinance likewise made in the time of Edward the Third for the personall taking of them that lived in England and held Lands and Tenements in Ireland Nay in this Case you must give me leave as a Divine to tell you plainly that to supply the King with means for the necessary defence of your Country is not a thing left to your own discretion either to doe or not to doe but a matter of duty which in conscience you stand bound to perform The Apostle Rom. 13. having affirmed that we must be subject to the higher powers not only for wrath but for Conscience sake adds this as a reason to confirm it for for this cause you pay Tribute also as if the denying of such payment could not stand with conscionable Subjection thereupon he inferrres this conclusion Render therefore unto all their due tribute to whom tribute custome to whom custome is due Agreeable to that known lesson which he had learned of our Saviour Render unto Caesar the things which are Caesars and unto God the things which are Gods Where you may observe that as to with-hold from God the things which are Gods man is said to be a Robber of God whereof he himself thus complaineth in case of subtracting of Tythes Oblations So to deny a supply to Caesar of such means as are necessary for the support of his Kingdom can be accounted no less then a Robbing of him of that which is his due which I wish you seriously to ponder and to think better of yielding somthing to this present Necessity that we may not return from you an undutifull answer which may justly be displeasing to his Majesty ROM 13. 2. Whosoever resisteth the Power resisteth the Ordinance of God and they that resist shall receive to themselves Damnation THe former Chapter may be called the Apostles Ethicks this his Politicks in the former he had taught them their dutys one to another in this towards the Magistrate And for this subject De officio subditorum both St. Peter and this our Apostle are very often and copious upon not only in this Epistle but in divers others inculcating it as his last words to Timothy and Titus chargeing them to teach it to the generation succeeding 1 Tim. 2. 1. 3. 1. And a some Expositors conceive one Cause to be the Rumor then falsly raised upon the Apostles as if they had been Seditious Innovators of the Roman Laws and the Kingdom of Christ preached by them tended to the absolving Subjects from their obedience to any other Whose mouths he here stops in shewing that the laws of Christ were not induced for the overturning the Civil but confirming not abolishing but establishing and making them the more sacred Abhorring those tumultuous spirits who under pretext of Religion and Christian liberty run into Rebellion as if there could be no perfect service of Christ nisi excusso terrenae potestatis jugo without casting off the yoak of earthly power In the text it self he exhorts to a Loyall subjection from these two principall Arguments First from the Originall of Regall Power ordained of God Secondly the Penalty of resisting it threatned as from God himself They shall receive to themselves damnation Every word in the Text hath its Emphosis Whosoever See how he commands a subjection without exception as in the former verse Let every Soul Omnis Anima si Apostolus sis si Evangelista si Prepheta sive quisquis tandem fueris as S. Chrysostom upon the place Resisteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which implies how all preparative Ordering of forces Risings to that end as the Syriack renders it qui insurgit are condemned as a violation of Gods Ordinance not only an actuall resistance by open force in the field commonly called Rebellion like that of Absolom against David Jeroboam against Rehoboam but all secret undermining of a Prince by fraud and falsehood tending to it The Power 'T is observable the Apostle rather mentions the power then the person armed with it to teach us we should not so much mind the worth of the person as the authority it self he bears We acknowledge that sacred Apothegme of the Apostle Acts 5. 29. 't is better to obey God then man but both may be at once obeyed God actively and the Magistrate passively as the Apostles themselves then did The Ordinance of God As if Rebellion were Giant-like a waging of war with God himself as St. Chrysostome hath it which fully checks that proud conceit of some viz. that being made heirs of God they are no longer to be made
subject to man Receive to themselves damnation As the Rebellion is against God so from God the penalty is threatned and that not a common one but exceeding heavy as St. Chrysostom upon it The Vulgar Latin reads it Ipsi sibi damnationem acquirunt implying the vanity madness of it Nemo enim sanus seipsum laedit Men that run their heads against a Rock hurt themselves not it and so in conclusion Rebels seek their own ruine and bring upon themselves swift damnation 2 Pet. 2. By this short Paraphrase upon the words these two observations may be deduced First that Regal power is derived from God Secondly that it is not lawfull for Subjects to take up Arms in the resistance of it without being fighters against God and in peril of damnation The first is so apparent that I need not insist upon it 'T is acknowledged even by heathens 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. You see it de facto in the old Testament Moses who was â— King in Jeshurun was appointed of God and Joshua succeeding him the Judges as Elective Kings were raised by him also Saul David c. 'T is the complaint of God Hoseae the 8. fecerunt reges sed non ex me They have made themselves Kings but not by me God who is the God of Order and not of Confusion was pleased from the very first to take care of constituting a successive Monarchy The first-born was his own establishment in his specch to Cain though a bad and his Brother Abel a righteous person only by right of his primogeniture Gen 4. 9 his desire shall be subject to thee and thou shalt rule over him from whence it succeeded in Jacobs family Gen. 49 28 Ruben thou art my first born the excellency of dignity and the excellency of power 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 honor and authority i e. the supremacy of both and when he with Symeon and Levy for their severall crimes were disinherited by their father and the primogeniture fallen to Judah to him it was said thou art he whom thy brethren shall honour thy Fathers children shall bow down unto thee ver 10. to whom the Scepter was given and the gathering or Assemblies of the People That as in the creation in the Natural government of the world God made one ruler of the day the Sun the sole fountain of Light for the Moon and Starres are but as a Vice Roy of subordinate Governors deriving theirs from him so was it in the Civil Government also As God by whom Kings reign and who have the Title of God given them I have said ye are Gods is one so was he pleased to represent himself in one accordingly and in the Text ordained by him Object 1 There is a place which the adversaries of this doctrine much insist upon 't is out of S. Peter 1. Epist. c. 2. 13. where he calls a Magistâ—ate an Ordinance of man Submit your selves to every Ordinance of man as we render it for the Lords sake whether to the King as supreme or Governors sent by him c. The Answer is ready that this is no ways a contradiction to St. Paul in this Text for 1. By an humane Ordinance he doth not meane an humane Invention but quia inter homines institutam because it was ordained or appointed among or over men called humane respectu termiiii sive subjecti but yet divine respectu authoris primarii The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which we render Ordinance being as Rivetus observeth never so taken throughout the Scripture were better rendred Creature which it properly signifies as the vulgar Latine doth it omni humanae creaturae to every humane creature Now creature is frequently taken for what is eminent and excellent as if the sense were submit your selves to all that do excell or are eminent amongst or over men according to the next words whether to the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that excelleth and the Hebrews do sometimes by a Creation imply a Rare and Eminent thing Num. 16. 30. Si creationem creaverit deus i. e. if the Lord make a new or rare thing To which agrees that of our Saviour in his last words to his Apostles Mark 16. 15. Preach the Gospell to every Creature i. e. man Because of his excellencie above all sublunary Creatures And thus why may not the King for the same cause be so called here So that St. Peter is so far from denying Regal Power to be ordained of God that he rather confirms it A Creature therefore the act of the Creator and by way of excellency therefore of God the sole original of it and for the Lords sake i. e. who hath so ordained him or whom herepresents Object 2 For that objection of Saul's being elected by the people the contrary appears 1 Sam. 12. 8. 5. where Samuel saith thus to them Answer Dominus constituit regem super vos and they to Samuel as a Delegate from God Constitue nobis Regem who in the name of God proposed to them jus Regis And though Saul was elected by a Sacred Lot yet ye have not the like again after him in David Solomon or any other but they succeeded jure hereditario Object 3 But have evil Kings their power from God Answer Indeed as evil they are not of him because no evil can descend from him from whom every good and perfect gift doth though for the sins of people God may justly permit such but we must sever their personal staines as men from their lawfull Authority received of God which looseth not its essence by such an accession 't is no true maxime Dominium fundatur in gratia St. Paul applys that of Exod 22. to Ananias Acts 23 Thou shalt not speak evil of the Ruler of thy people though he commanded him unjustly to be smitten Pilate condemning Innocency it self our Saviour acknowledgeth his power to have been from above thou couldst not have any power over me Nisi tibi data esset desuper Claudius or Nero whom elsewhere St. Paul calls a Lyon reigned when he writ this Epistle and is doubtless included in the verse before the Text the powers that be i. e. now in being are ordained of God and exhorts to pay unto him as the Minister of God the due of Tribute Custome Fear Honour c. Daniel acknowledgeth Nebuchadnezzars dominion and Kingdom to have been given him of God which copy the Fathers of the Primitive Church under Christianity we find to have wrote after Constantius was an Arrian and had exiled many of the Orthodox Bishops yet Athanasius in his Apology to them saith thus God hath given the Empire to him whosover shall with an evil eye reproach it doth contrary to Gods Ordinance Tertullian faith thus to the Emperor Severus in his Apologie for the Christians We must needs have him in great honor whom our Lord hath
authority in the outward government which disposeth the affairs of Religion so farre forth as the same are disposable by humane authority and to think them uncapable thereof only for that the said religion is everlastingly beneficiall to them that faithfully continue in it And even as little cause there is that being admitted thereunto amongst the Jews they should amongst the Christians of necessity be delivered from ever exercising any such power for the dignity and perfection which is in our Religion more then theirs It may be a question Whether the affairs of Christianity require more wit more study more knowledge of Divine things in him which shall order them then the Jewish Religion did For although we deny not the forme of external government together with all other Rites and Ceremonies to have been in more particular manner set down yet withall it must be considered also that even this very thing did in some respects make the burthen of their spiritual regiment the harder to be born by reason of infinite doubts and difficulties which the very obscurity and darkness of their Law did breed and which being not first decided the Law could not possibly have due execution Besides in as much as their Law did also dispose even of all kind of civill affairs their Clergy being the Interpretors of the whole Law sustained not only the same labour which Divines doe amongst us but even the burthen of our Lawyers too Nevertheless be it granted that more things do now require to be publickly deliberated and resolved upon with exacter judgment in matters divine then Kings for the most part have their personal inhability to judge in such sort as professors do letteth not but that their Regal authority may have the self same degree or sway which the Kings of Israel had in the affairs of their Religion to rule and command according to the manner of supreme Governors As for the sword wherewith God armed his Church of old if that were a reasonable cause why Kings might then have Dominion I see not but that it ministreth still as forcible an argument for the lawfulness and expedience of their continuance therein now As we digrade and excommunicate even so did the Church of the Jews both separate offendors from the Temple and depose the Clergie also from their rooms when cause required The other sword of corporall punishment is not by Christs own appointment in the hand of the Church of Christ as God did place it himself in the hands of the Jewish Church For why he knew that they whom he sent abroad to gather a people unto him only by perswasive means were to build up his Church even within the bosome of Kingdomes the chiefest Governors whereof would be open enemies unto it every where for the space of many years Wherefore such Commission for discipline he gave them as they might any where exercise in a quiet and peaceable manner the Subjects of no Common-wealth being touched in goods or person by virtue of that spirituall regiment whereunto Christian Religion embraced did make them subject Now when afterwards it came to pass that whole Kingdomes were made Christian I demand whither that authority served before for the furtherance of Religion may not as effectually serve to the maintenance of Christian Religion Christian Religion hath the sword of spiritual Discipline But doth that suffice The Jewish which had it also did nevertheless stand in need to be ayded with the power of the Civil sword The help whereof although when Christian Religion cannot have it must without it sustain it self as far as the other which it hath will serve notwithstanding where both may be had what forbiddeth the Church to enjoy the benefit of both Will any man deny that the Church doth need the rod of corporall punishment to keep her children in obedience withall Such a Law as Macabeus made amongst the Scots that he which continued an excommunicate two years together and reconciled not himself to the Church should forfeit all his goods and possessions Again the custom which many Christian Churches have to fly to the Civil Magistrate for coertion of those that will not otherwise be reformed these things are proof sufficient that even in Christian Religion the power wherewith Eeclesiastical persons were indued at the first unable to do of it self so much as when secular power doth strengthen it and that not by way of Ministry or Service but of predominancie such as the Kings of Israel in their time exercised over the Church of God Yea but the Church of God was then restrained more narrowly to one people and one king which now being spread throughout all Kingdoms it would be a cause of great dissimilitude in the exercise of Christian Religion if every King should be over the Affairs of the Church where he reigneth Supream Ruler Dissimilitude in great things is such a thing which draweth great inconvenience after it a thing which Christian Religion must always carefully prevent And the way to prevent it is not as some do imagine the yielding up of Supream Power over all Churches into one only Pastors hands but the framing of their government especially for matter of substance every wher according to one only Law to stand in no less force then the Law of Nations doth to be received in all Kingdoms all Soveraigne Rulers to be sworn no otherwise unto it then some are to maintain the Liberties Laws and received Customs of the Country where they reign This shall cause uniformity even under several Dominions without those woful inconveniencies whereunto the State of Christendom was subject heretofore through the Tyranny and Oppression of that one universal Nimrod who alone did all And till the christian world be driven to enter into the peaceable and true consultation about some such kind of general Law concerning those things of weight and moment wherein now we differ If one church hath not the same order which another hath let every Church keep as near as may be the order it should have and commend the just defence thereof unto God even as Judah did when it differed in the exercise of Religion from that form which Israel followed Concerning therefore the matter whereof we have hitherto spoken let it stand for our final conclusion that in a free christian State or Kingdom where one and the self same people are the church and the common-wealth God through christ directing that people to see it for good and weighty considerations expedient that their Soveraign Lord and Governor in causes Civil have also in Ecclesiastical Affairs a Supream Power Forasmuch as the Light of reason doth lead them unto it and against it Gods own revealed law hath nothing surely they do not in submitting themselves thereunto any other then that which a wise and religious people ought to do it was but a little over-flowing of wit in Thomas Aquinas so to play upon the words of Moses in the old and of
much awrie and that in allowing of their Bishops every man favoured his own quality every ones desire was not so much to be under the regiment of good and virtuous men as of them which were like himself What man is there whom it doth not exceedingly grieve to read the tumults tragidies and schismes which were raised by occasion of the Clergy at such times as divers of them standing for some one place there was not any kind of practise though never so unhonest ot vile left unassaied whereby men might supplant their Competitors and the one side foil the other Sidonius speaking of a Bishoprick void in his time The decease of the former Bishop saith he was an alarm to such as would labour for the room Whereupon the people forthwith betaking them selves unto parts storm on each side few there are that make suit for the advancement of any other man many who not only offer but enforce themselves All things light variable counterfeit What should I say I see not any thing plain and open but impudence only In the Church of Constantinople about the election of S. Chrysostome by reason that some strove mightily for him and some for Nectarius the troubles growing had not been small but that Aroadius the Emperor interposed himself even as at Rome the Emperor Valentinian whose forces were hardly able to establish Damasus Bishop and to compose the strife between him and his Competitor Urficinus about whose election the blood of 137 was already shed Where things did not break out into so manifest and open flames yet between them which obtained the place and such as before withstood their promotion that secret hart burning often grew which could not afterwards be easily slaked insomuch that Pontius doth note it as a rare point of vertue in Cyprian that whereas some were against his election he notwithstanding dealt ever after in most friendly manner with them all men wondering that so good a memory was so easily able to forget These and other the like hurts accustomed to grow from ancient elections we doe not feel Howbeit least the Church in more hidden sort should sustain even as grievous detriment by that order which is now of force we are most humbly to crave at the hands of Soveraign Kings and Governors the highest Patrons which this Church of Christ hath on earth that it would please them to be advertised thus much Albeit these things which have been sometimes done by any sort may afterwards appertain unto others and so the kind of Agents vary as occasions dayly growing shall require yet sundry unremovable and unchangeable burthens of duty there are annexed unto every kind of publique action which burthens in this case Princes must know themselves to stand now charged with in Gods sight no lesse than the People and the Clergy when the power of electing their Prelates did rest fully and wholly in them A fault it had been if they should in choice have preferred any whom desert of most holy life and the gift of divine wisedome did not commend a fault if they had permitted long the rooms of the principal Pastors of God to continue void not to preserve the Church patrimony as good to each Successor as any Predecessor enjoy the same had been in them a most odious grievous fault Simply good and evil doe not loose their nature That which was is the one or the other whatsoever the subject of either be The faults mentioned are in Kings by so much greater for that in what Churches they exercise those Regalities whereof we do now intreat the same Churches they have received into their speciall care and custody with no lesse effectual obligation of conscience then the Tutor standeth bound in for the person and state of that pupill whom he hath solemnly taken upon him to protect and keep All power is given unto edification none to the overthrow and destruction of the Church Concerning therefore the first branch of spiritual dominion thus much may suffice seeing that they with whom we contend doe not directly oppose themselves against regalities but only so far forth as generally they hold that no Church dignity should be granted without consent of the common People and that there ought not to be in the Church of Christ any Episcopall Rooms for Princes to use their Regalitie in Of both which questions we have sufficiently spoken before As therefore the person of the King may for just consideration even where the cause is civil be notwithstanding withdrawn from occupying the seat of Judgment and others under his authority be fit he unfit himself to judge so the considerations for which it were happily not convenient for Kings to sit and give sentence in spiritual Courts where causes Ecclesiastical are usually debated can be no bar to that force and efficacie which their Sovereign power hath over those very Consistories and for which we hold without any exception that all Courts are the Kings All men are not for all things sufficient and therefore publick affairs being divided such persons must be authorised Judges in each kinde as common reason may presume to be most fit Which cannot of King 's and Princes ordinarily be presumed in causes meerly Ecclesiastical so that even common sense doth rather adjudge this burthen unto other men We see it hereby a thing necessary to put a difference as well between that ordinary jurisdiction which belongeth to the Clergy alone and that Commissionary wherein others are for just considerations appointed to joyn with them as also between both these Jurisdictions and a third whereby the King hath a transcendent Authority and that in all causes over both Why this may not lawfully be granted unto him there is no reason A time there was when Kings were not capable of any such power as namely when they professed themselves open Adversaries unto Christ and christianity A time there followed when they being capable took sometimes more sometimes less to themselves as seem'd best in their own eyes because no certainty touching their right was as yet determined The Bishops who alone were before accustomed to have the ordering of such Affairs saw very just cause of grief when the highest favoring Heresie withstood by the strength of Soveraign Authority religious proceedings whereupon they oftentimes against this unresistable Power pleaded that use and custom which had been to the contrary namely that the Affairs of the church should be dealt in by the clergy and by no other unto which purpose the sentences that then were uttered in defence of unabolishing Orders and Laws against such as did of their own heads contrary thereunto are now altogether impertinently brought in opposition against them who use but that power which Laws have given them unless men can show that there is in those Laws some manifest Iniquity or Injustice Whereas therefore against the force Judicial Imperial which Supream Authority hath it is
alledged how Constantine termeth Church Officers Overseers of things within the Church himself of all without the Church how Augustine witnesseth that the Emperor not daring to judge of the Bishops cause committed it unto the Bishops and was to crave pardon of the Bishops for that by the Donatists importunity which made no end of appealing unto him he was being weary of them drawn to give sentence in a matter of theirs how Hilarie beseecheth the Emperor Constance to provide that the Governors of his Provinces should not presume to take upon them the Judgment of Ecclesiastical causes to whom Commonwealth matters only belonged how Ambrose affirmeth that Palaces belong unto the Emperor Churches to the Minister that the Emperor hath Authority over the Commonwealth of the City and not in holy things for which cause he never would yield to have the Causes of the Church debated in the Princes Consistory but excused himself to the Emperor Valentinian for that being convented to Answer concerning Church Matters in a civil court he came not Besides these Testimonies of Antiquity which Mr. Cart. bringeth forth Doctor Stapleton who likewise citeth them one by one to the same purpose hath augmented the number of them by adding other of the like nature namely how Hosius the Bishop of Corduba answered the Emperor saying God hath committed to thee the Empire with those things that belong to the Church he hath put us in trust How Leontius Bishop of Tripolis also told theself same Emperor as much I wonder how thou which art called unto one thing takest upon thee to deal in another for being placed in Military and Politique Affairs in things that belong unto Bishops alone thou wilt bear rule We may by these Testimonies drawn from Antiquity if we list to consider them discern how requisite it is that Authority should always follow received laws in the manner of proceeding For in as much as there was at the first no certain law determining what force the principal Civil Magistrates Authority should be of how far it should reach and what order it should observe but Christian Emperors from time to time did what themselves thought most reasonable in those Affairs by this mean it cometh to pass that they in their practice varie and are not uniforme Vertuous Emperors such as Constantine the great was made conscience to swerve unnecessarily from the customes which had been used in the Church even when it lived under Infidels Constantine of reverence to Bishops and their spiritual authority rather abstained from that which himself might lawfully do then was willing to claim a power not fit or decent for him to exercise The order which had been before he ratifieth exhorting Bishops to look to the Church and promising that he would do the office of a Bishop over the Common-wealth Which very Constantine notwithstanding did not thereby so renounce all authority in judging of spirituall causes but that sometimes he took as St. Augustine witnesseth even personall cognition of them Howbeit whether as purposing to give therein judicially any sentence I stand in doubt for if the other of whom St. Augustine elsewhere speaketh did in such sort judge surely there was cause why he should excuse it as a thing not ususally done Otherwise there is no let but that any such great person may hear those causes to and fro debated and deliver in the end his own opinion of them declaring on which side himself doth judge that the truth is But this kind of sentence bindeth no side to stand thereunto it is a sentence of private perswasion and not of solemn jurisdiction albeit a King or an Emperour pronounce it Again on the contrary part when Governors infected with Heresie were possessed of the highest power they thought they might use it as pleased themselves to further by all means therewith that opinion which they desired should prevail They not respecting at all what was meet presumed to command and judge all men in all causes without either care of orderly proceeding or regard to such laws customs as the Church had been wont to observe So that the one sort feared to doe even that which they might and that which the other ought not they boldly presumed upon the one sort modestly excused themselves when they scace needed the other though doing that which was inexsable bare it out with main power not enduring to be told by any man how far they roved beyond their bounds So great odds between them whom before we mentioned and such as the younger Valentinian by whom St. Ambrose being commanded to yeild up one of the Churches under him unto the Arrians whereas they which were sent on his message alledged that the Emperour did but use his own right for as much as all things were in his own power the answer which the holy Bishop gave them was that the Church is the House of God and that those things which be Gods are not to be yielded up and disposed of at the Emperors will and pleasure his pallaces he might grant unto whomsoever A cause why many times Emperours did more by their absolute authority then could very well stand with reason was the over-great importunity of wicked Hereticks who being enemies to peace and quietness cannot otherwise then by violent means be supported In this respect therefore we must needs think the state of our own Church much better settled then theirs was because our Laws have with farr more certainty prescribed bounds unto each kind of power All decisions of things doubtfull and corrections of things amiss are proceeded in by order of Law what person soever he be unto whom the administration of judgement belongeth It is neither permitted unto Prelate nor Prince to judge and determin at their own discretion but Law hath prescribed what both shall do What power the King hath he hath it by Law the bounds and limits of it are known The entire community giveth general order by Law how all things publickly are to be done and the King as the head thereof the highest in authority over all causeth according to the same Law every particular to be framed and ordered thereby The whole body politick maketh Lawes which Lawes give power unto the King and the King having bound himself to use according unto Law that power it so falleth out that the execution of the one is accomplished by the other in most religious and peaceable sort There is no cause given unto any to make supplication as Hilary did that Civil Covernors to whom Common-wealth matters only belong may not presume to take upon them the judgment of Ecclesiastical causes If the cause be spiritual secular Courts doe not meddle with it we need not excuse our selves with Ambrose but boldly and lawfully we may refuse to answer before any Civill Judge in a matter which is not Civill so that we doe not mistake the nature either of the cause or of the