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
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
and ever will be so great use even of humane Laws and Ordinances deducted by way of discourse as conclusions from the former divine and natural serving for principles thereunto No man doubteth but that for matters of action and practice in the affairs of God for manner in divine service for order in Ecclesiastical proceedings about the Regiment of the Church there may be oftentimes cause very urgent to have Laws made but the reason is not so plain wherefore humane Laws should appoint men what to believe Wherefore in this we must note two things First that in matter of opinion the Law doth not make that to be truth which before was not as in matters of action it causeth that to be duty which was not before but it manifesteth only and giveth men notice of that to be truth the contrary whereunto they ought not before to have believed Secondly that as opinions doe cleave to the understanding and are in heart asserted unto it is not in the power of any humane Law to command them because to prescribe what men shall think belongeth only unto God corde creditur ore fit confessio saith the Apostle As opinions are either fit or inconvenient to be professed so mans Law hath to determine of them It may for publick unities sake require mens professed assent or prohibit their contradiction to speciall articles wherein as there happily hath bin controversie what is true so the same were like to continue still not without grievous detriment unto a number of souls except Law to remedy that evil should set down a certainty which no man afterwards is to gain-say Wherefore as in regard of divine Lawes which the Church receiveth from God we may unto every man apply those words of wisdom in Solomon Conserva fili mi praecepta patris tui My sonne keep thou thy fathers precepts Even so concerning the statutes and ordinances which the Church it self makes we may add thereunto the words that follow Et ne dimittas legem matris tua And forsake not thou thy mothers Law It is undoubtedly a thing even naturall that all free and independent societies should themselves make their own Lawes And that this power should belong to the whole not to any certain part of a politique body though happily some one part may have greater sway in that action then the rest Which thing being generally fit and expedient in the making of all Lawes we see no cause why to think otherwise in lawes concerning the service of God which in all well-ordered States and Common-wealthes is the first thing that Law hath care to provide for When we speak of the right which naturally belongeth to a Common-wealth we speak of that which must needs belong to the Church of God For if the Common-wealth be Christian if the people which are of it do publickly imbrace the true Religion this very thing doth make it the Church as hath been shewed so that unless the verity and purity of Religion doe take from them which imbrace it that power wherewith otherwise they are possessed Look what authority as touching Laws for Religion a Common-wealth hath simply Here this breaks off abruptly The Princes power in the advancement of Bishops unto the rooms of Prelacy TOuching the advancement of Prelats unto their rooms by the King Whereas it seemeth in the eyes of many a thing very strange that Prelates the Officers of Gods own Sanctuary then which nothing is more sacred should be made by persons secular there are that will not have Kings be altogether of the Laitie but to participate that sanctifyed power which God hath indued his Clergy with and that in such respect they are anointed with oyle A shift vain and needless for as much as if we speak properly we cannot say Kings do make but that they only do place Bishops for in a Bishop there are these three things to be considered The power whereby he is distinguished from other Pastors The special portion of the Clergy and the people over whom he is to exercise that Bishoplie Power and the place of his Seat or Throne together with the Profits Preheminencies Honors thereunto belonging The first every Bishop hath by consecration the second the Election invested him with the third he receiveth of the King alone Which consecration the King intermedleth not farther then only by his Letters to present such an elect Bishop as shall be consecrated Seeing therefore that none but Bishops do consecrate it followeth that none but they do give unto every Bishop his being The manner of uniting Bishops as heads unto the flock and Clergy under them hath often altered for if some be not deceived this thing was somtime done even without any election at all At the first saith he to whom the name of Ambrose is given the first created in the Colledg of Presbyters was still the Bishop he dying the next Senior did succeed him Sed quia coeperunt sequentes Presbyteri indigni inveniri ad primatus teneÌ„dos immutata est ratio prospiciente concilio ut non ordo sed merituÌ„ crearet episcopum multorum sacerdotum constitutum ne indignus temere usurparet esset multis scandalum In elections at the beginning the Clergy and the people both had to do although not both after one fort The people gave their Testimonie and shewed their affection either of desire or dislike concerning the party which was to be chosen But the choice was wholy in the sacred Colledg of Presbyters hereunto it is that those usual speeches of the antient do commonly allude as when Pontius concerning St. Cyprians election saith he was chosen judicio Dei populifavore by the judgment of God and favor of the people the one branch alluding to the voices of the Ecclesiastical Senat which with religion sincerity chose him the other to the peoples affection who earnestly desired to have him chosen their Bishop Again Leo nulla ratio sinit ut inter Episcopos habeantur qui nec a clericis sunt electi nec applebibus expetiti No reason doth grant that they should be reckoned amongst Bishops whom neither Clergy hath elected nor Laitie coveted in like soâ—t Honorius Let him only be established Bishop in the Sea of Rome whom Divine Judgment and universal consent hath chosen That difference which is between the form of electing Bishops at this day with us and that which was usual in former ages riseth from the ground of that right which the Kings of this Land do claim in furnishing the places where Bishops elected consecrated are to reside as Bishops for considering the huge charges which the ancient famous Princes of this Land have been at as well in erecting Episcopal Seas as also in endowing them with ample possessions sure of their religious magnificence and bounty we cannot think but to have been most deservedly honored with those Royall prerogatives taking the benefit which groweth out of them in their vacancy
and of advancing alone unto such dignities what persons they judge most fit for the same A thing over and besides even therefore the more seasonable for that as the King most justly hath preheminence to make Lords Temporal which are not such by right of birth so the like preheminence of bestowing where pleaseth him the honour of Spiritual Nobility also cannot seem hard Bishops being Peers of the Realm and by law it self so reckoned Now whether we grant so much unto Kings in this respect or in the fomer consideration whereupon the Lawes have annexed it unto the Crown it must of necessity being granted both make void whatsoever interest the people aforetime hath had towards the choice of their own Bishop and also restrain the very act of Canonical election usually made by the Dean and Chapter as with us in such sort it doth that they neither can proceed unto any election till leav be granted nor elect any person but that is named unto them If they might doe the one it would be in them to defeat the King of his profits If the other then were the Kings preheminences of granting those dignities nothing And therefore were it not for certain Canons requiring canonical election to be before consecration I see no cause but that the Kings Letters patents alone might suffice well enough to that purpose as by Law they doe in case those Electors should happen not to satisfie the Kings pleasure Their election is now but a matter of form it is the Kings meer grant which placeth and the Bishops consecration which maketh Bishops Neither do the Kings of this Land use herein any other then such prerogatives as foraign Nations have been accustomed unto About the year of our Lord 425. Pope Boniface sollicited most earnestly the Emperour Monorius to take some order that the Bishops of Rome might be created without ambitious seeking of the place A needless petition if so be the Emperour had no right at all in the placing of Bishops there But from the days of Justinian the Emperour about the year 553. Onuphrius himself doth grant that no man was Bishop in the Sea of Rome whom first the Emperor by his Letters-patents did not licence to be consecrated till in Benedicts time it pleased the Emperor to forgoe that right which afterwards was restored to Charles with augmentation and continued in his successors till such time as Hildebrand took it from Hen. 4. and ever since the Cardinals have held it as at this day Had not the right of giving them belonged to the Emperours of Rome within the compass of their Dominions what needeth Pope Leo the fourth to trouble Lotharius and Lodowick with those his Letters whereby having done them to understand that the Church called Reatina was without a Bishop he maketh suit that one Colonus might have the Rome or if that were otherwise disposed his next request was Tusculanam Ecclesiam quae viduata existit illi vestra serenitas dignetur concedere ut consecratis à nostro presulatu Deo omnipotenti vestroque imperio grates peragere valeat May it please your Clemencies to grant unto him the Church of Tuscula now likewise void that by our Episcopal authority he being after consecrated may be to Almighty God and your Highness therefore thankfull Touching other Bishopricks extant there is a very short but a plain discourse written almost 500. years since by occasion of that miserable contention raised between the Emperor Henr. 4. and Pope Hildebrand named otherwise Gregory the seventh not as Platina would bear men in hand for that the D. of Rome would not brook the Emperors Symoniacall dealing but because the right which Christian Kings and Emperors had to invest Bishops hindred so much his ambitious designments that nothing could detain him from attempting to wrest it violently out of their hands This Treatise I mention for that it shortly comprehendeth not only the fore-alledged right of the Emperour of Rome acknowledged by six several Popes even with bitter execration against whomsoever of their successors that should by word or deed at any time goe about to infringe the same but also further these other specialties appertaining thereunto First that the Bishops likewise of Spain England Scotland Hungary had by ancient institution alwaies been invested by their Kings without opposition or disturbance Secendly that such was their royal interest partly for that they were founders of Bishopricks partly because they undertook the defence of them against all ravenous oppressions and wrongs part in as much that it was not safe that rooms of so great power and consequence in their estate should without their appointment be held by any under them And therfore that ev'n Bishops then did homage and took their oathes of fealty unto the Kings which invested them Thirdly that what solemnitity or Ceremony Kings do use in this action it skilleth not as namely whether they doe it by word or by precept set down in writing or by delivery of a staffe and a ring or by any other means whatsoever only that use and Custome would to avoid all offence be kept Some base Canonists there are which contend that neither Kings nor Emperours had ever any right hereunto saving only by the Popes either grant or toleration Whereupon nor to spend any further labour we leave their folly to be controlled by men of more ingenuity judgment even amongst themselves Duarensis Papon Choppinus Aegidius Magister Arnulphus Ruzaeus Costvius Philippus Probus and the rest by whom the right of Christian Kings and Princes herein is maintained to be such as the Bishops of Rome cannot lawfully either withdraw or abridge or hinder But of this thing there is with us no question although with them there be the Laws and customes of the Realm approving such regalities in case no reason thereof did appear yet are they hereby aboundantly warranted unto us except some Law of God or nature to the contrary could be shewed How much more when they have been every where thought so reasonable that Christian Kings throughout the world use and exercise if not altogether yet surely with very little odds the same so far that Gregorie the tenth forbidding such regalities to be newly begun where they were not in former times if any doe claim those rights from the first foundation of Churches or by ancient custome of them he only requireth that neither they nor their agents damnifie the Church of God by using the said prerogatives Now as there is no doubt but the Church of England by this means is much eased of some inconveniences so likewise a speciall care there is requisite to be had that other evils no less dangerous may not grow By the history of former times it doth appear that when the freedom of Elections was most large mens dealings and proceedings therein were not the least faulty Of the people St. Jerome complaineth that their judgements many times went
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
Court as we easily may doe both without some better direction then can be had by the rules of this new-found Disciplines But of this most ceertain we are that our Lawes doe neither suffer a Spirituall Court to entertain those causes which by Law are Civil nor yet if the matter beindeed spirituall a meer Civil Court to give judgement of it Touching supreme power therefore to command all men and in all manner of causes of judgement to be highest Let thus much suffice as well for declaration of our own meaning as for defence of the truth therein This is added by the Lord Primat Usher The Kings exemption from Censure and other Judiciall Power THe last thing of all which concerns the Kings Supremacie is whither thereby he may be exempted from being subject to that judiciall Power which Ecclesiasticall consistories have over men It seemeth first in most mens Judgements to be requisite that on earth there should not be any alive altogether without standing in aw of some by whom they may be controled and bridled The good estate of a Commonwealth within it self is thought on nothing to depend more then upon these two speciall affections Feare and Love Feare in the highest Governour himself and Love in the Subjects that live under Him The Subjects love for the most part continueth as long as the righteousness of Kings doth last in whom vertue decaieth not as long as they feare to do that which may alienate the loving hearts of their Subjects from them Feare to do evill groweth from the harm which evill doers are to suffer If therefore private men which know the danger they are subject unto being malefactors do notwithstanding so boldly adventure upon heinous crimes Only because they know it is possible for some Transgressor sometimes to escape the danger of law In the Mighty upon earth which are not alwaies so Virtuous and Holy that their own good minds will bridle them what may we look for considering the frailty of mens nature if the world do once hold it for a Maxime that Kings ought to live in no subjection that how grievous disorder soever they fall into none may have coercive power over them Yet so it is that this we must necessarily admit as a number of rightwell Learned men are perswaded Let us therefore set down first what there is which may induce men so to think and then consider their severall inventions or ways who judge it a thing necessary even for Kings themselves to be punishable and that by men The question it self we will not determine The reasons of each opinion being opened it shall be best for the wise to judge which of them is likeliest to be true Our purpose being not to oppugne any save onely that which Reformers hold and of the rest rather to enquire then to give sentance Inducements leading men to think the highest Majestrate should not be judged of any saving God alone are specially these First as there could be in naturall bodies no motion of any thing unlesse there were some which moved all things and continueth unmoveable even so in politick Societies there must be some unpunishable or else no man shall suffer punishment For sith punishments proceed alwaies from Superiors to whom the administration of justice belongeth which administration must have necessarily a fountain that deriveth it to all others and receiveth not from any because otherwise the Course of Justice should go infinitely in a Circle every Superiour having his Superior without end which cannot be therefore a well-spring it followeth there is and a supreme head of Justice whereunto all are subject but it self in subjection to none Which kind of Preheminence if some ought to have in a Kingdome who but the King shall have it Kings therefore no man can have lawfull power and Authority to judge If private men offend there is the Majestrate over them which judgeth if Majestrates they have their Prince If Princes there is Heaven a Tribunall before which they shall appeare on earth they are not accomptable to any Here it breaks off abruptly The FORM OF Church Government Before and after Christ. As it is expressed in the OLD and NEW TESTAMENT Of the Form of Government in the Old Testament THerewere Priests before the Law Melchisedech Genes 14. 18. In Egypt 46. 20. 41. 50. Patiphera In the East Job 12. 19. Exod. 2. 16. Madian Among the Jews Exod. 19. 22 24. These were Young men of the Sons of Israel Exod. 24. 5. The Eldest Sons or First-Born Numb 3. 12. 8. 16. Under MOSES The Commonwealth of Israel was either personal containing all the whole people not a man left 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Or Representative in which the Estate Tribes Cities whose Daughters the towns adjacent are called I. The Estate had ever one Governor 1. Moses 2. Joshua 3. Judges 4. Tirshathaes or Vice-Roys Ezra 2. 63. with whom were joyned the LXX Elders called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 II. The Tribes had every one their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Phylarcha Num. 2. with whom were joyned the Chief of the Families Patriarchae Num. 1. 4. III. The Cities had each likewise their Ruler Judg. 9. 30. 1 Kings 22. 26. 2 Kings 23. 8. with whom were joyned the Elders or Ancients Ruth 4. 2. Ezra 10. 14. These last not before they came into Canaan and were setled in their Citys It appeareth that Moses sometime consulted only with the heads of the Tribes and then one Trumpet only sounded Num. 10. 4. In some other causes with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Assembly of the LXX and then both Trumpets called Num. 10. 3. when all did meet it represented the whole body of Israel So then sometimes all the people the whole body of Israel met sometimes the whole people were represented by the chief men of the several Tribes The highest BENCH or Judgment for causes of greatest difficulty was that of the LXX who at the first were the Fathers of each Family that came down to Egypt Gen. 46. which number did after that remain Exod. 24. 1. 9. and was at last by God himself so appointed Num. 11. 16. See 2 Chron. 19. 8. The inferiour BENCHES for matters of less importance were erected by Jethroes advice Of Rulers of Thousands Hundreds Fiftiss Tithings Exod. 18. 21 26 And after established by Gods approbation Deut. 16. in every City wherein as Josephus saith were seven Judges and for each Judge two Levites which made together the Bench of each City The Forme of Ecclesiasticall Government amongst the Priests THe Priesthood was settled in the Tribe of Levy by God Levy had three Sons Cohath Gershom and 〈◊〉 Of these Line of Cohath was preferred before the rest From him descended four Families Amram Izhar Hebron and Uzziel Of these the Stock of Amram was made chief He had two Sons Aaron and Moses Aaron was by God appointed High-priest So that there came to be four
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
that which is well and orderly Acts 15. 41. Rev 3. 2. II. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Manatseach the redressing which is otherwise Tit. 1. 5. To him was committed principally I. Authority of Ordaining Tit. 1. 5. and so of begetting Fathers Epipha Haeres 75. See Ambros. Theodoret and Oecumentus in 1 Tim. 3. Damasus Epist. 3. Jerem Epist. 85. ad Evagr. Leo Epist. 88. Concil Ancyran Can. 12. al. 13. For though St. Paul should mention a Company * together with him at the Ordaining of Timothy 1 Tim. 4. 14. yet it followeth not but that he only was * the Ordainer No more then that Christ is the only Judge although the XII shall sit with him on Thrones Luke 20. 30. II. Authority of enjoyning or forbidding 1 Tim. 1. 3. Ignatius ad Magnesia Cyprian Epist. 39. III. Authority of holding Courts and receiving accusations 1 Tim. 5. 19. 1 Cor. 5. 12. Revel 2. 2. Augustin de opere Monachor cap. 24. IV. Authority of Correcting 1 Tim. 1. 3. Mâ—cro Episcopalis Tit. 1. 5. Hieron contra Lucifer cap. 4. Epist 53. ad Riparium Cyprian Epist. 38. ad Rogatianum V. Authority of Appointing Fasts Tertullian adversus Psychicos The Choice of persons to their calling 1. The Apostles were immediately called by Christ. 2. For the calling of Matthias the Apostle Peter gave direction two persons were propounded by the 120. the chief and constant disciples of Christ but he was designed to his place by a sacred Lot 3. Some were chosâ—n and appointed to their callings by the Holy Ghost Acts 11. 12. Acts 13. 2. Acts 8. 29. Acts 20. 28. 4. In choice of the Seven Deacons who were credited with the provision for such as wanted the multitude of the Chief and constant Disciples of Christ and the Apostles who were contributers of the same present 7. persons the Apostles ordain them Deacons 5. The Apostles chose to themselves Helpers fellow Servants of Christ fellow-Souldiers and the like Acts 15. 5. Rom. 16. 9. 2 Cor. 8. 23. Coll. 4. 7. Tit. 1. 5. So Timothy well reported of is taken by Paul Act. 16. 2. 3. 6. The Apostles chose such as were their Attendants or Ministers and sent them to severall Churches and People Acts 19. 22. 2 Tim. 4. 10. 12. 2 Cor. 12. 17. 1 Thess. 3. 2. and left some to abide in Churches where was need of their help Tit. 1. 5. Col. 20. Acts 18. 19. 1 Tim. 1. 3. A LETTER of Dr. Hadrianus Saravia to the Ministers of the Isle of Garnsay written in French and translated into English Grace and Peace from Jesus Christ our Lord. GEntlemen and wel-beloved Brethren in the Lord my calling doth oblige me to procure the good and the true edification of the Churches of Christ Jesus and chiefly of those which I have formerly had to doe with as their Minister such are those of the Islands where I was one of the first and know which were the beginnings and by which means and occasions the preaching of Gods word was planted there But you hold now to my thinking a course quite contrary to that which we have held All the favour we then obtained was through the Bishops means and without them I dare confidently assure you that you will obtain nothing of what you look for In the beginning there was no other Reformation in the Islands then that common throughout the whole Kingdome of England The Priests which a little before had sung Mass became suddenly Protestants but yet not one of them was appointed to preach the word of God They were but ignorant blockheads continuing still in â—eart and effection Papists and enemies to the Gospel Now such as were sincerely affected to the Gospel prevailed so far as that they obtained Ministers with whom the Priests could not agree they retained their Service and the Ministers preached and had the exercise of Religion asunder following the order of the Churches of France In those beginings at the pursuit of Mr. John After Dean I was sent by my Lords of the Councell to the Islands as well in regard of the School that was newly erected as to be a Minister there At that time the Bishop of Constance was sent Ambasadour from the French King to Queen Elizabeth from whom and from her Councell he obtained Letters to the Governors of the Islands whereby they were enjoyned to yeild unto him all authority and right which he pretended did belong unto him as being the true Bishop of the Islands But how this blow as was warded let your Fathers tell you Upon this occasion the Bishop of Winchester as their true Bishop took upon him the protection of the Churches of both Islands representing to the Queen and unto her Councel that of old the Islands did belong to his Bishoprick and that he had ancient Records for it yea an Excommunication from the Pope against the Bishop of Constance whenever he would challenge any Episcopall Jurisdiction over the Islands So through the means of the said Bishop and Mr. John After Dean two places only were priviledged of my Lords of the Councell St. Peeter-haven for Garnzay and St. Helier for Jarnsay with prohibition to innovate in ought in the other Parishes Then were the Court and Chapter of the Bishop held which afterwards were supprest how by whom and by what authority I know not I fear the Authors have run themselves into Premunires if premunires have power within the Islands The Consistories Classes and Synods of Ministers have succeeded them yet without any Episcopall Jurisdiction Now so it is that your Islands want Episcopall Courts for proving of Wills for Divorces and Marriages and for the Tythes which are causes and Actions Ecclesiasticall and have so been these 600. years and upwards as well under the Dukes of Normandy as the Kings of England The Reformation and change of Religion hath altered nothing neither is there any one that hath power or authority to transferre the said causes to any other Judges then to the Bishop but the Kings Majesty so that your Civil Magistrates have nothing to doe with such causes if they meddle with them 't is usurpation The French Ministers are so rash as to say that the Bishops of England have usurpt this Jurisdiction and that it belongeth not unto them because it is Civil making no difference between what some Bishops have heretofore usurpt what the King and Soveragn Magistrates have freely given for certain reasons moving them thereunto and conferred upon Bishops therefore though the matter be civill yet can they not be held for usurpers Truly the present state and condition of the Kingdom of England doth bely such slanderers of our Bishops I fear that your Magistrates being seasoned with this Doctrine have carried themselves in this point more licentiously then the Laws of this Kingdome and of their Islands will warrant them I pass over the debates that might be made upon this matter as a thing impertinent in the place and