of the Gospel for Kings are Pastors too and that of the Lords flock yea Pastors of the Pastors as a Bishop once call'd King Edgar though distinct yet agree in this that the same which is the Pastors only care is the principall care of the Highest Powers namely that Divine things may be rightly ordered and the Salvation of men procured we need not wonder if the Highest Powers for the community of the matter and the end receive sometimes the title of the other Function Hence it was that Constantine call'd himselfe a Bishop and other Emperours had the title of Renowned Pontifs or Priests In the Emperour Martianus the Roman Bishop extolls his Priestly mind and Apostolicall affection and Theodoret mentions the Apostolicall cares of Theodosius As the names so the privilege of the Function hath been given to Emperours The sixt generall Synod forbiddeth Laicks to approach the Altar i.e. the Table of the Lord but the Emperour is excepted Upon which place Balsamo Bishop of Antioch observes how the Emperours were wont to Seale with Wax as the Bishops of that time did and to instruct the people in Religion Now if the Emperours were called as we have shewed they were Bishops and Pontifs and Priests there was then no cause of upbraiding some English writers for attributing to their King a certaine spirituall power seeing the name is often imposed not from the manner of working but from the matter as we call the Laws military nauticall rurall Wherefore the Kings power is also spirituall as it is conversant about Religion which is a spirituall thing CHAP. III. How far sacred and profane actions agree as to the right of having Command over them FIrst let us see what kind of actions for about them Authority is properly conversant may be the matter of command and then what effect the command may have in the severall kinds Actions are first divided into externall and internall The externall are the primary matter under humane power the internall are the secondary nor for themselves but by reason of the externall and therefore about the internall which are wholly separated from the externall and respect them not humane commands are not given Hence is that of Seneca He erres who thinks the whole man can be subdued for the better part is excepted and that common saying Thought is free The reason is because Government re-requires some matter which may fall under the Governours knowledge but God alone is the searcher of hearts and hath the sole Empire of them Unto men the internall acts of others are uknown by their own nature by their own nature I therefore adde because the externall that are done in secret are under Government for by their nature they may be known I said internall acts are subject to command secondarily that comes to passe two wayes either by the intention of the Ruler or by a kind of repercussion in the first manner where the inward act is joyned with the outward and hath influence upon it for the mind is esteemed in offences either perfected or begun in the latter when because any act is made unlawfull by the interdiction of the Ruler for we must be subject not only for wrath but for conscience sake by thought to intend that action is unlawfull not as if humane Law were properly made for the thought but because no man can honestly will that which is dishonest to be done Another partition of Actions is this that before any thing is by men ordain'd concerning them they are either morally defin'd or indefinite Morally defin'd I call those which are either due or unlawfull those may be said to be morally necssary those morally impossible as in the Law dishonest things are all expressed by that word This determining of Actions before any Act of humane Authority ariseth either from their own nature as to worship God is due to lye unlawfull of it self or from the Positive divine Law Those of the former sort are referred to the Law naturall but lest any be deceived by the ambiguity of the word naturall not only those Action are called naturall which flow from principles known by nature but those also which come from naturall principles certainly and determinatly For naturall in this argument is opposed not to Supernaturall but to Arbitrary So when as it is certaine God the Father Son and Holy Spirit are one true God that the same God be worshipped is a point of naturall Law Actions of the latter sort that is determined or defin'd by divine Positive Law are such as were prescrib'd by God some to all men some to one people some to single persons namely to Abraham Isaac Jacob Moses and other servants of God Among all people to Israel alone God prescribed many Positive Lawes pertaining to Religion and other things To all mankind some things were commanded for a time as the Law of the Sabbath presently upon the Creation as some think the Law of not eating bloud or the strangled after the floud Other things to last for ever as the Institutions of Christ concerning Excommunication Baptisme the Supper and if there be any more of that kind These things being understood it may seeme that such Actions only are the just matter about which Humane Authority is exercised which by Divine are left indefinite and free either way For Aristotle describes that which is legally just to be that which from the beginning was indifferent thus or thus but after the Law made ceaseth to be so And this is true if we only look upon such an act of Authority which intrinsecally changeth the action for when as the things that ought to be done and the things unlawfull are determined and therefore immutable as to morall good or evill it follows that indefinite actions are left as the only matter of such a change Neverthelesse when the things that ought to be done and those that ought not are capable of a change extrinsecall and may receive it from humane Authority it is manifest they are Subject to the same Authority unlesse they be actions mecrely internall Hither it pertâ—ins to assigne the time place manner and perâ—â—ns for performing of due actions so fâ—r as the circumstances are undefin'd by the nature of the thing and the Law of God also to take away impediments and sometimes to adde rewards and to restraine unlawfull actions by such punishments as are in the Rulers power or else to inflict no punishments which is call'd permission of the fact and is sometimes no fault To him that looks more narrowly into these things it will appeare that by humane command there ariseth a new Obligation even in Conscience though of lesse degree in the things which men were before bound to doe or leave undone For the divine Law of the Decalogue saying to the Jew Thou shalt not kill Thou shall not steale and the rest not only declar'd what was of the Law naturall but by the precept
and Authority who is set to keep order amongst men Lastly of another mind were All that have hitherto defended the Protestant cause against the Papists Next concerning the Right and Office of the Highest before and in the Synode it is controverted Whether it be lawfull for the power to designe the persons that shall come unto the Synode or no. It is lawfull we doubt not but to cleare the matter let us proceed in order After that Christ instituted the Church and the Pastorall office it hath been lawfull by the Law of Nature not the immutable Law but by that which hath place untill some other Provision be made for the Church in things concerning the Church or for the Pastors in things concerning the Pastorall office to make choice of them that shall goe to the Synode because no Humane Law no agreement interceding to determine the persons there is not other way By this right the Brethren of Antioch send some of their number with Paul and Barnabas to Ferusalem Likewise the Elders and the Church of Ferusalem together with the Apostles send out of their Company chosen men to Antioch But in all the ages following I find no example of election made by the Church for to the Diocesian Synodes assembled all the Presbyters to the Metroplitan all the Bishops unlesse any were detein'd by great necessty Here then is no election but that the Bishops seeme to have taken with them to the Metropolitan Synods some Presbyters and Deacons at their own pleasure That greater Synods might assemble the Encyclic Letters of the Emperours were sent to the Metropolitans and for the most part the election of their fellow-Bishops was imposed on them to compleat the number which the Emperours had prescribed This appears by the Letters of Theodosius and Valentinian to Cyrill the like whereof were sent to all the Metropolitans as the Acts doe testify Plainly to Cyril is the election there committed which election the Metropolitans made sometimes alone sometimes with the Provinciall Synode of their Bishops Of the suffrages of the Church or people there is no appearance The Metropolitans in case any of them could not be present in Synods themselves sent some Bishop or Presbyter to spply in their names and to keep their places Albeit this were the most frequent manner of election yet by no Law was the Highest Power forbidden to call Synods of Pastors elected by his own discretion This alone is enough to prove a permission but reason doth evince the same if we consider the ends before spoken of for which Synods are assembled For first many Synods are had only for Counsell but naturally it is lawfull for every one to chose his Counsellours so it is in questions of the Law of War of Merchandise and all other affairs between which and the Ecclesiasticall as to meere consultation there is no dissimilitude Synods are also holden for the exercise of Externall Jurisdiction committed to them by the Highest Power but this is also naturall for every one to choose his Delegate In the Synods that are gather'd for procuring of consent the case is somewhat different in these it seems very expedient that the Election be either by the Churches or by the Pastors to the end the acts of the Synod may be more passable for men are wont to like those things best which are done by those persons whose faith and diligence themselves have chosen This therefore belongs not to the Right but to the prudent Use of it and is not perpetuall because it may sometimes happen that the election made by Pastors may be lesse available to concord than if it be made by the Highest Powers Againe in a Synod held for Counsell or Jurisdiction because the Highest powers take not notice of all able men it may be best sometimes to receive them upon the commendation of the Church or Pastors We say then not that the Highest Power ought alwaies to choose the persons but that he alwaies may Our leader in this judgement is Marsilius Patavinus for he saith It pertains to the Authority of a Law-giver to call a generall Councill and to determine fit persons for it by determining he means not only approbation of the persons but election too and herein he is followed by the Learned French Defender of the Protestants cause against the Trent Synod Nor are examples wanting The King of Israel cals unto him what Prophets he willâ— and namely Michaia at the persuasion of Fehosophat The Donatists request a Synod of Constantine to judge between them and other African Bishops by this Petition We beseech you excellent Emperour because you are of a just and Royall extraction whose Father was no persecutour and because Gallia is not infected with this iniquity that your piety would command Judges for us thence to allay the contentions here Not the Churches not the Synod of Gallia but the Emperour names the Judges To the first Synod of C. P. Theodosius admitted also Macedonian Bishops who were not surely chosen by the Churches or Bishops Catholick That other Emperours and Kings used the same Right is very certaine And this very thing did the Protestants desire of the Emperour Charls the Fift and the other Kings that they might have leave to choose pious and learned men and send them to the Synod But here we must observe when the Churches or Bishops choose men for the Synod whether by their Native or Dative Liberty The Supreme Governour hath an undeniable power still over that election For all use of Liberty as above is said is subject to Command and the vertue thereof is this that for just causes some turbulent men or otherwise unfit may be excluded from publick businesse That the time and place were proscribed by the Emperours for the Councill the things also to be done and the manner of doing that Synods were translated at their pleasure or dissolved both others before us and we also have made so plain that I think it will be denyed by none Wherefore let us now rather see what Judgement in the Synod is competent to the Highest Power They phansie to themselves an Adversary over whom they may get an easie victory who take the pains to prove that the Bishops judged not the Emperours alone for who ever did so forget himself as to deny that but this we affirme The Highest Power hath right to Judge together with the Pastors the proofe whereof is needlesse here because above we have made good to the H. Power an Universall right of judging which certainly by the Synod cannot be taken away But whether it be best for the Supreme Governour to expresse himself and how far is another question Let us goe through every end of Synods If a Synod be had for Declarative judgement that is that the Bishops may shew out of the holy Scripture what is true what false what is lawfull what unlawfull here the King being well versed in
is from the Highest Power that the Canon hath the force of a Law no marvell if the Highest Power upon just causes may recede from that Law either in the whole or in some particular case For Lawes are wont either to be abrogated or temper'd and limited by the Law-givers as afore is shewed Yea there is no need of abrogation or solution of the Law when as the Lawyers agree in this that by the generall words in the Law set down the right of the Highest Power is never conceiv'd to be excluded 'T is true the Examples of Elections made by Bishops prove it is not necessary that Elections be made by the Highest Power the Canons also shew the same Elections are rightly made by Bishops with consent of the Highest Power but neither of these is in question The Question is whether it be also lawfull for the Highest Power to make Election That it is lawfull we have the judgement of the best both among the Emperours and the Bishops In the first Synod of Constantinople Theodosius commanded the names of all that were proposed should be given to him in papers reserving to himself the choyce of one What can be more clear One among all the Bishops propos'd Nectarius the Emperour makes choise of him and persisteth in it against the will of many Bishops who seeing the Emperour would not be remov'd give place and yeild him that reverence which was due unto him in a matter not prohibited by Law Divine Who sees not this was done beside the Canons for according to the Canons the Emperour had no share in the Election but here the Emperour alone electeth that is designs the person The Bishops as also the Clergy and people approve of the Election But 't is one thing to elect another to approve of the Election The Bishops approve because it was their Office after Baptisme to impose hands upon Neitarius as yet a lay man and Catechumen And hert too we observe the Canon was not followed for according to the Canons a Catechumen nor Neophite could not be elected The Clergy also and the people doe approve because to them belong'd the Tryal which how far it differs from Election is shew'd above Many examples we might alleage of Elections not Cunonicall but Imperiall Why the Emperours themselves elected we deny not they had peculiar causes but this pertains not to the question of right but prudence Certainly the Emperours believ'd it to be lawfull for them before they consider'd whether or no it were expedient For of things unlawfull there ought to be no consultation To say the cause hereof was some Divine revelation or inspiration in such an age of the Church is a meer refuge of pertinacious ignorance to say the Domination of the Roman Bishops was the cause of Imperiall elections when as yet that Episcopacy was not turn'd into temporall Dominion is to be quite mistaken in the order of times Nor yet can wee doubt but the more Sanctimony abated in the Clergy and Obedience was slackned in the people the more just cause had the Highest Powers to vindicate Election to themselves In the West that Bishops were most often and for a long time elected by the most Christian Kings of France without any suftrage of the people or Clergy is written in all the French Histories as it were with Sun-beams What was said of the Domination of the Roman Bishops as if he had given occasion to Kings to draw to themselves the Elections besides that it is before answered cannot be applyed to the Bishops of France and to those times when the French Kings did not yet possesse Italy Yea on the contrary because the French Kings used this right in their own kingdome therefore also in Italy did Charls the great assume this to himself that hee might not with lesse power governe Italy than France and Germany For it is most truly observed by Godalstus and others the Decree made in Pope Adrians time pertains only to the Italian Bishops when in other parts the compleat right of Election was in Charls before In vaine also a recourse is had to the wealth of Bishop-pricks the Temporall Jurisdictions annexed to them for even in the times of Charls the Great and much more in the antient and purer times Bishopricks were but poor and slender as is noted by that most searching Antiquary Onuphrius And for Jurisdictions the Bishops in Charls his time had none annexed to their Bishopricks but this came into use at last after the avulsion of Germany from France when the Ottoes were Emperonrs in Germany And the Jurisdictions were so far from being the cause of Imperiall Elections that on the contrary therefore were Jurisdictions granted unto Bishops because the Emperours were most assured of their fidelity being chosen by themselves and thought the custody of Cities might therefore most safely bee committed to them as the same Onuphrius hath observed Some have been deceiv'd by the name of Investiture Because the word is used of Fees especially therefore have they thought all that is sayd of investitures of Bishops to belong to territories and Lands which is a grosse â—rrour for to vest and to invest are old words of German Originall that signify the collation of any right whatsoever and are therefore found in old Authors applyed to all Offices both Civill and Ecclesiasticall It appears by a passage in the life of Romanus Bishop of Rouen about the year 623. that Investiture by the staffe was almost 300. years before Territories were given to Bishops which began under Otto the first Emperour of that name And truly if Investiture had been with respect to Civill Jurisdiction it would have been by the Scepter Sword or Banner as the manner of those times was not by a ring and staffe Wherefore although the most Christian Kings did not challenge to themselves imposition of hands which maketh Presbyters yet these two things they esteemed as their right to joyn this man unto this Church which is signified by the Ring and to conferre upon him Jurisdiction Ecclesiasticall that is judgement concerning Sacred affairs with a certaine publike power which is signified by the staffe For to the King himself also when he was first consecrated together with the Scepter was wont to be given a staffe And by this saith Aimonius the defence of the Churches that is a power to maintaine Religion was deliver'd to him from God for the Offices corresponded to the signs as also a Canon was vested by a Book Many ages after when piety had begotten opulency and the daughter laid a snare for the mother the Emperours almost detruded from their most antient right began to shew the indignity of the thing by this argument among the rest because the Bishops by their munificence possessed Lands and territories But never did the Election of them depend upon this alone being more antient than the same munificence Moreover the accessory cannot have so much force as to draw
just causes it be granted unto Kings to recede from the Canon yet to forsake the Canon with intention of promoting to Episcopacy the favourers of the Arrian party was not the part of a pious Emperour This way of electing is the more justly reprehended if Ordination also being omitted Bishops were obtruded upon the Churches which is very credible to have been done for it was not probable the Orthodox would ordain Arians or such as used Collusion with them Verily not any one of the Fathers hath hitherto been found who said there was any Divine Law to hinder the King from choosing the Pastor It appears the most holy Bishops above mentioned who condiscended to the Election made by Theodosius were of another mind And thus much be spoken of the Highest Powers embracing the true Religion As to the Kings that give no assent to the saving Faith pious Assemblies never made addresse unto them for election of their Pastors For how could they expect defence of the Church from the enemies of the Church And suppose the matter should succeed most happily yet would it be an indecorum that the Affaires of the Church should be judged before the unjust and not before the Saints Yea if Kings that are aliens from the Faith arrogate to themselves any such thing without question they bring upon themselves the greater Judgement Notwithstanding if Infidel Kings will not at all admit any Pastor or Bishop except Elected by themselves and in the mean time leave to the Church the Probation and to other Pastors the Imposition of hands I cannot think it convenient for Christians to refuse men otherwise fit for this only reason because they are commended by Infidels For the good God doth effect his good work even by evill men I am not a man of that confidence that I dare condemn so many Christian Churches in Thrace in Syria in Egypt which doe receive Patriarchs or lesser Bishops from the King of the Turks and that this patience of the Christians is no new thing is shewed by Barlaamus Cyracensis Clearly 't is better to entertain a worthy Pastor adorned with good report of the common People ordained by other Pastors from the hand of a Prince though an unbeliever then to suffer the wast of Churches Esdras we are sure did not decline the office of restoring Gods worship imposed on him by the Pagan King Artaxerxes But that we may return unto our own that is unto Christian Powers for that was aspersed on the by to give others occasion of better thoughts upon this businesse we must advertise the Reader that in all this Treatise we enquire what is lawfull not what is at every time expedient For whether we reflect upon antient or later times we shall see great variety in the manner of election nor only through ages and Provinces but through years and particular Cities So much uncertainty there is in that which the Law Divine hath left uncertain And truly where the question is not of the right but of the best manner of Election 't is marvellous how many things may probably be discoursed on every part Give me Cyprian and those of his time there will be no fear of popular election Give me the Nicene Fathers I would gladly ascribe the election unto Bishops Give me such Emperours as Theodosius Valentinian and Charles the Great there will be no danger in the election Regall or Imperiall But we are fallen into the lees of the Church and after we have with circumspection viewed all things we find nothing but some incommodity is annexed to it Therefore nothing at all can be here prescribed as perpetuall That which is indefinite must have an indefinite Rule Yet if I were in this respect to give my advise the manner of Justinian's times is not displeasing to me with this caution that a Pastor be not obtruded upon the people against their will and also saving the right of the Highest Powers to rescind and make void Elections if any errour be committed pernicious to the Church or Common-wealth Which right not only the French Kings but also the antient Roman Emperours very frequently have used as is most easie to be proved They do much erre who confound this will and pleasure of the H. Powers whereby the Election made is approv'd or disapporv'd with that consent where with the Magistrate of every City according to the Lawes or Canons concur to the Election in the next place to the Clergy and sometimes with the People For here is a wide difference The pleasure of the Highest Powers is over the Election the Magistrates consent is a part of the election That agrees to the Highest Powers as such this to the Magistrates by Positive Law nor properly as Magistrates but as an honoured part of the City Therefore the Election by the Magistrates stayes within the bounds of their City but Emperours and Kings exercise their right not only in Cities which they dwell in and whose Churches they frequent but if they see it needfull through all places of their Dominions Again the Magistrates may be overcome with suffrages the Highest Power cannot Certainly although the election be permitted to others that right of free approbation cannot safely be abdicated by Him that rules in Chiefe Also after Election made the right of removing a certain person from the Ministry of a certain place although it may be in others too ought alwayes to remain in the Highest Power So Solomon ejected Abiathâ—r from being the Priest of God So the Bishops of Rome were more then once deposed by the Imperial Power as Bellarmine himself confesseth The proof whereof is easie For if the Highest Power hath right to interdict any one the City or Province hee must needs have a right also to interdict him the Ministry of this City or Province For this is included in that and in whose Power the whole is in his power the part cannot choose but be Nor only may the Highest Power doe this by way of punishment but by way of caution too to wit if any Pastor be drawn by the People into matter of tumult which perhaps may come to passe without his fault For unlesse the Highest Power could doe this the Common-wealth were not sufficient to secure it selfe The last errour is of those that think it belongs unto the same Person to elect and to remove For the Highest Power may interdict not only publick acts but private too to which it electeth not the Persons namely in negotiation and conduction as above is said when we spake of Jurisdiction and is manifested by Examples For eight or more Roman Bishops it is certain have been depos'd by Emperours sometimes with a Synod sometimes without whereof a good part were elected by the Clergy and people of Rome CHAP. XI Concerning offices to the Church not alwayes necessary IT is of much concernment for the keeping of peace in the Churches vtâ— distinguish accurately between the
Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin â—ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men
5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht â—om it Separation Epist 68. Jo. 10. Rom. 16.17 Tiâ— 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct froÌ„ them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the Supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons Which are refelled by Scripture and the objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de â—pisc Clâ—ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall appâ—als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyteâ—s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Polluâ— l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutabâ—lity in the manâ—er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 19. And may it self make Election upon just cause 20. This proved by reason 21. And by examples in the state of Naturall Law And under the Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures by them is meant the Collation of Bishopricks L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distinguâ—sh◠〈◊〉 â—ot necessary 3. Of Bishops and Lay-Elders 3 The word shopâ— plain Here â—â—ken so the Oâ—â—sver â—â—stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd Lâ— 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right oâ— Ordination 16. For what reasons Bishops were laid by in some Churches De Minister â—vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall â—ime 18. All the antients by Presbyters understand only Pastors The ambiguâ—ty of the word Seniors and Elders 19. The Penitentiary Presbyâ—er De penitenâ— 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the dâ—fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Chaâ—c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cerâ—ain cauâ—ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. Tâ—id 11. All Patronages subject to the Highest Power 12. Inferior powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox
instance in Civill affaires For Kings unto whom supplication is made against the sentence of the Praetonian Prefects or of the chief Senate do for the most part commit the last hearing of the Cause to men of Law whose sentence unlesse it be suspected they confirm sometimes they command the Cause to be pleaded all again before themselves So in causes Ecclesiasticall it was the Custome for Emperours to commit the matter to the examination of other Bishops for their religion and wisedome most noted and taking account of them to confirm what in their own discretion they judged best And this is the cause why against former Synods other new and these not greater than the former were so often called not because this Synod by it self was Superiour unto that but these men had greater credit with the Emperours than the former It was but seldome that the Emperours heard all the Cause again themselves as Constantine after the Church had judged twice himself examin'd the Gause of Coecilian and gave finall Judgement in it He also call'd before him the Bishops who had met at Tyrus to render him an account of all their doings Wherein he is justly defended by our Men against the Patrons of the Roman Sea It is true in Sacred no lesse than in other matters that an Appeale strictly taken which inhibites the execurion of Sentence given may by the Civill Law be taken away but then there is left open another way to implore the Hearing of the Highest Power by Complaint or Supplication For if this be denyed the King could not scatter away all evill from his throne Hee could not be a terrour to all evill which is his perpetuall office so that the old woman said well to Philip of Macedon If he were not at leisure to be Judge Hee should not be at leisure to be King Maecenas saw this of old who sheweth to Augustus that no man under the Highest ought to have so much Power committed to him as that from him there should be no appeal One thing more must be remembred here that the right of the H. Power after the Synod to determine any thing against the Synod cannot be contracted only unto those Controversies wherein as it were the whole body of Religion is in Question For there is the same right in the parts as in the whole and the reasons before alleged give unto the H. Power a free finall Judgement in single Questions as well as in all together For also in single Questions Synolds may erre neither ought the H. Power to yield blind obedience to them much lesse by its Authority to defend a false and hurtfull doctrine or suffer the truth to be oppressed nor can the wisdome of the Highest Power permit errours to encrease by little and little and as their nature is one beget another till their number be so great that they cannot be rooted out without hazard of the Common-wealth CHAP. VIII Of Legislation about Sacred things HItherto we have spoken generally now let us more neerly view the severall parts of Authority The Act of Authority either respects all or single persons that is Legislation this if an occasion of Sute is Jurisdiction if otherwise it is called by the generall name because it wants a speciall Of this last sort the commands are such as the Centurions I say unto this man Goe and he goeth to another Come and he cometh to my servant Doe this and he doth it but the principall act is the Injunction of Functions permanent In what things Legislation is may be understood by the precedent part of our discourse for almost all things belonging to Authority we have explained by examples of Legislation as the more noble Thence it appears that a Law is made either of the things defined by Law Divine or of those that are left undefined The Laws that are made either respect the whole body of Religion or the parts of it In nothing more shines forth the vertue of Supreme Authority than in this That it is in the power and choice thereof what Religion shall be publickly exercised This all that have written Politicks put in the chiefest place among the Rights of Majesty and experience proves the same For if you enquire Why in England under Queen Mary the Roman Religion was set up but under Queen Elisabeth the Evangelicall the nearest cause cannot be rendred but from the will and pleasure of the Queens or as some will have it of the Queens and Parliament Enquire why one Religion is in Spaine another in Denmark another Sweden you must have recourse to the Supreme Governours will But many doe object If that be so the State of Religion will be very unconstant especially where one is Ruler over all for upon change of the Kings mind Religion also will be changed 'T is true indeed that they say but that danger is in all other things as well as Sacred The work will be like the work-man and the Law be as the King Yet no mans right is to be denyed him for the danger of abusing it for then no mans right shall be safe Besides although the Highest Power should transfer that right upon another which we have shewed he may not the same danger would still remaine for the right would but passe from men to men and every man may be deceived Here then our only comfort lyes in the Divine providence Indeed the hearts of all men God hath in his power but The Kings heart is in the Lords hand after an especiall manner God doth his work both by good and evill Kings Sometimes a calme sometimes a storme is for the Church more useful If the Governour be pious if a diligent reader of the Scriptures if assiduous in prayer if Reverent to the Catholick Church if ready to heare wife Counsels by him will the truth be much advanced But if he be of a perverse or corrupt judgement it will be more hurtfull to himself than to the Church for he must expect a heavy judgement from the King thereof who will not suffer his Church to be unrevenged The Church in the meane while ceaseth not to be the Church yea if the King rage against it it will gather strength and inciease under persecution Certainly 't was never lawfull for Subjects to gaine by force the publick exercise of their Religion the antient Christians when they were at strongest when they had Senators and Presidents very many of their mind never took such right unto themselves 'T is the Office of the Highest Power alone publickly to authorize the true Religion and to remove the false To remove Idols out of private places belongs to the Lord of the place and upon his neglect to the King as the Lord generall but to remove them out of the publick place is the right of the Highest Power and to whomsoever it shall delegate that office And thus is that Law of Deut. to be
the Rulers is supplyed by the reverence of those that obey To return to the Christian discipline that the Institutes thereof were never reckoned as Lawes Divine appears by this because 't is not in the power of man to give a Dispensation or Indulgence then but it hath been alwayes in the power of Bishops with respect had to the life of the Penitents either to prolong or shorten the time of their penance Yea and generally men in danger of death were received to Communion Which the Nicene Synod calls an antient and Canonicall Law which agrees also with the custome of the Essences in Josephus And among those that by Divine Law are forbidden to be partakers of holy things to wit the impenitent some are by the Canons kept only from the Communion of their own Province others the Clergies Communion being interdicted them are admitted to the Communion of Laicks and for the same crime a Lay-man is Excommunicated a Clerk put out of office Besides Austin teaches that Excommunication must be forborn if the contagion of sin hath invaded and o'respread the multitude Which exception were not to be admitted were Excommunication grounded only on Divine Law It appears therefore many things were added out of Humane consent which as long as they were destitute of Imperiall Authority had not only no force of compelling but saving by consent obliged no man unlesse perhaps by that Naturall Law which commanâ—s offences to be avoided In the same manner as the Canons themselves did the Judgements given according to the Canons oblige every one for as to the debate of meaner businesses the Laicks were appointed by Paul the Apostle's counsell for composing of differences so in the more weighty affairs the Clergy were the Judges unto which judgements pertains that admonition proceeding from naturall equity Against an Elder that is a man of approved faith an accusation is not to berecerved without two or three witnesses But after the Emperours embraced Christianisme then at length to Pastors as men that perform'd a publick office was some part of Jurisdiction given This was threefold by ordinary Law by consent of parties by delegation By ordinary Law the Bishops were allowed to judge of things pertaining to Religion The first that seemeth to have made this Constitution was Valentinian the first whose rescript Ambrose cites Other Emperours did the like Justinian by his Constitution exempts Ecclesiasticall affaires from the Cognizance of the Civill Judges and leaves them to the Bishops In other causes both Clearks and Laicks pleaded not before the Bishops but by their own consent Which Jurisdiction by consent the Bishops receiv'd from Constantine with so full a Right that the Cause which the Bishops had once decided should be carryed on no further that is there should be no appeal from the Bishops sentence Afterward by the Synod of Chalcedon it was made unlawfull for Clerks against Clerks to run forth to the Secular Tribunal but first the action was to be examined before him whom by the advice of the Bishops the parties should have chosen And yet if the Clerks did otherwise the secular Judge wanted not Jurisdiction but the Clerks were lyable to the penalties of the Canon First of all the Emperours Justinian circumscribed the rights of the Secular Judges and commanded that Clergy-men whether by Lay or Clergy in Civill Causes should only be sued before the Bishop yet so that the Bishop might remit the difficult Controversies to the Civill Judges and he might also appeal to the Civill Judge that would not rest in the judgement of the Bishop But the punishmen of the Clergy for Crimes not meerly Ecclesiasticall at that time and long after remained in the hand of the Civill Judges That which wee have said of the nonappeal from the Sentence of the Bishop chosen Judge by consent of parties the same Arcadius also Honorius and Theodosius doe shew in the Epistle to Theodorus Manlius Praetorian Praefect Let the Bishops sentence be firm for all that have choâ—en to be heard by Priests and wee command the same reverence to be given to their judgement which must be given to yours from whom it is not lawful to appeal For from the Pratorian Prafects was no appeal but if any one said he was oppressed 't was lawfull for him to Petition the Emperour Whence the Praetorian Praefects are said to Judge in the Sacred place that is the Imperiall which may be as rightly said of Bishops judging by consent of Parties The same right is attributed to the Patriarks to whose cognizance the causes Ecclesiasticall were deferr'd which with Inferiour Bishops could find no end Against the Sentence of these Prelates saith Justinian speaking of the Patriarks there is no place for an Appeal by the Constitution of our Ancestors The third kind of Jurisdiction wee have called that which ariseth from delegation whether of the Highest or the Inferiour Power in this kind of Causes was alwayes granted an Appeale unto the Emperour if Judgement were given by the Emperours command or to the Judge whosoever he was if by the Judges Precept In the name of Jurisdiction we comprehed the right of citing Witnesses of imposing on them an Oath and binding the party overcome by Sentence unlesse Appeal were made upon whom also execution was done not truly by the hand of the Bishop that was not becomming but by the hand of the Civill Judge Hence was the Jurisdiction properly called Audience because the Judge himselfe executed not the Sentence Wherefore above that which the Pastors and the Church had by Divine right and by the meer Canons much was added by Humane Law and the grant of the Highest Powers The people now had not only right to avoid an unfaithfull Pastor but such a Pastor by vertue of a Sentence pronounc'd against him lost his Pastorall right and whatsoever he ascribed to it and if he attempted any thing against the Sentence was punisht with relegation So the Pastor now had not only right to deny the Sacraments and every one to deny familiarity to the brother of an irregular life but it was also unlawfull for him to approach unto the Church Nor ought we to wonder this Right by Christian Emperours was given to Christian Pastors when the same indulged thus much to the Jewes that none should be admitted into their Sect nor be reconciled to it without consent of their Primates And so the Pagan Emperours of old as Ulpian saith Imposed such Commands upon the Jewes which might not offend their Superstition but the Christian Emperours gave them this farther privilege that the Masters of their Synagogues and other Presidents of their Law were free from personall and civill offices and if two Jewes by agreement referr'd their Controversies to the Jewes the Judges should execute their Sentence So much favour did the Christian Emperours bestow upon the Jewes for the beginning Truth had among them and for hope of their future
the Synedry for by the Septuagint the word is given to every Company and in Moses by all the Congregation the Synedry of the Seventy Elders is signified as Aben Ezra and Rabbi Solomon have long since noted This also we know that the Corinthian who had defiled himselfe with incest was censured of many We 02 know that Timothy is enjoyned to rebuke them that sin before all that the rest may fear Which place seems by that which goes afore to be understood of Presbyters that sin who in the hearing of the other Presbyters were rebuked by the Bishops But although we understand it generally it is certain these indefinite Rules admit their restrictions and limitations according to the quality of the persons An Elder saith Paul rebuke not but entreat him as a Father and the yonger men as brethren Much more honour is due to the Soveraign Power and to Magistracy than to age Adde here which many have noted and is congruent to the Custome of the antient Church that the Prelats of the Church are not to bee reproved before the multitude how much lesse the King who is as Constantine said constituted by God as it were an universall Bishop Now as ignominious traduction so all coaction too against the Highest Power is unlawfull because all right of compelling proceeds from it there is none against it That which is objected concerning Uzziah is answer'd by interpreting the text according to the Originall thus And Azariah the chief Priest and all the Priests looked upon him and behold he was leprous in his forehead and they made him hasten thence yea also himself was compelled to goe out because the Lord had smitten him By the Divine Law it was not permitted for a leprous man to be in the Temple the Priefts were therefore earnest in hastning the King away because he was struck with leprosy and the disease it self encreasing upon him made him depart of his own accord The Priest declares God compels We have said what may be done by Authority of Divine Right the rest that hath been added by the Canons either naked or cloth'd with Law as it may wee confesse to good purpose be used upon the Emperour sometimes so if he oppose it or forbid by what right or with what prudence it may be used we doe not see For that all Government which ariseth from consent is under the Supreme Command and that all Jurisdiction is not only under it but also floweth from it is demonstrated afore nor is that in question that the Soveraign is not bound by penall Statutes Whence the antient Fathers have interpreted that of David To thee alone have I sinned to be spoken because he was a King whence also is that note of Balsamon to the twelfth Canon of the Ancyran Synod The Imperiall unction drives away penance that is the necessity of publick satisfaction Meane while 't is true that Kings to their great honour as in Civill affairs to their Courts and Parliaments so in Sacred they may submit themselves to Pastors even as to publick Judges For it is current saith Ulpian and a thing in practise that if the greater or equall subject himself to the Jurisdiction of the other sentence may bee given for him or against him But this subjection because it depends upon the Kings will and may be revok'd at pleasure diminisheth not a jot of his Supreme Command as it hath been proved by very learned men Whether or no it be expedient that a King should suffer this Jurisdiction to be exercis'd upon him is wont to be disputed They that affirme shew how by this submission of Kings much strength Authority accrueth to the Discipline of the Church 'T is true and spoken to the purpose As the Princes so will the People be and the Rulers example hath the sweetest influence But for the Negative it is said That the Common-wealth stands by the Authority of the Governour and as Aristotle the consequence of contempt is dissolution Certainly if any credit may be given to them that have recorded the affairs of the Emperour Henry and among them to Cardinall Benno the Rise of his calamity was that publickly with lamentable penance naked feet and course apparell in an extreme cold winter he was made a spectacle of men and Angels and at Canusium for the space of three dayes endured the scorne of Hildebrand A difference therefore must be made between those things which are needfull to the publick profession of repentance and the more grievous and ignominious punishments To the former some of the Emperours before Henry rare examples of Christian meeknesse have yielded willingly but Henry was the first of all upon whom any thing so ignominious was imposed or any thing at all without a voluntary submission And Hildebrand or Gregory VII was the first of all the Popes that took upon him so great a boldnesse toward the Imperiall Majesty as Onuphrius tels us who also saith that the Kings and Emperours who either upon just or unjust cause exempt themselves from these Positive censures are to be resigned up to the Judgement of God And so the Kings of France for many ages have challenged to themselves this right That they cannot be excommunicated In what fort a Pastor without such coaction may satisfy his conscience in the use of the Keys Ivo Carnotensis hath declared Let him say to the Emperour I will not deceive you I permit you at your own perill to come into the visible Church the Gate of Heaven I am not able to open for you without a better reconciliation It remains now to shew what is the Right and Office of the Highest Power about those actions which we have ascribed unto Pastors and Congregations And first as to those actions which by the only Right of Liberty and Privilege of Divine Law are exercised seeing by them also injury may be done to others it is certaine they are comprehended within the sphere of the Supreme Jurisdiction For not only the Actions which proceed from the Authority of the Highest Power but all Actions whatsoever capable of externall morall goodnesse or evilnesse are called to the judgement of the Highest Power If married persons performe not to each other what the Law of Matrimony requires and if the Master of a Family neglect his charge in these cases the Courts of Justice are of use Of all evill the Power is ordein'd the Avenger One among evils and not the least is the abuse of the Keys and unjust separation or denegation of the Sacraments There is an Imperiall Law prohibiting the Bishop that hee Sequester no man from the Holy Church or the Communion unlesse it be upon just ground And Justinian in his Novell forbids all Bishops and Presbyters to segregate any one from the Holy Communion before cause bee shew'd wherefore the Sacred Rules will have it to be done Mauritius the Emperour commands Gregory the Great to
embrace Communion with John of Constantinople In France the antient usage was by seizing on their Lands and other wayes to compell the Bishops to the Administration of Sacraments And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service Much more then may the Highest Power challenge this right over such Actions as have their force not by Divine but Canon Law For under the pretext of Canons it sometimes happens that the Canons are violated and 't is possible the Canons themselves may be exorbitant from the Divine prescriptions If either be the Highest Power cannot deny the Plantifs to take knowledge of the case Now concerning those actions which flow from Humane Law and oblige men whether they will or no and draw after them coaction there is much lesse cause of doubt For all Jurisdiction as it flows from the Highest Power reflows unto the same But as it is a part of Jurisdiction noâ— only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Amaâ—â—iah and the other 02 Priests with him are constituted Judges by Jehoshaphat Neither can be shewed more evidently the Jurisdiction of the Supreme in this kind of causes than that all degrees of appealing depend upon his pleasure Otherwise why doe the Pastors of England appeale unto this or that Bishop all the Bishops unto the two Archbishops And there is the same subordination of the consistories Classicall and the Nationall Synods Nor is the last terme of appealing limited by any Law Naturall or Divine Wisely said the King of Britaine in his judgement every Christian King Prince and Common-wealth have it in their Power to prescribe unto their subjects that externall forme of Government in Church affairs which may suit best with the forme of Civill Government And truly of old it was so done by the Christian Emperours Otherwise whence came that so great Prerogative of the Constantinopolitan Church Whence had the Synod of Chalcedon power to abrogate the acts of the second at Ephesus Now as in Civill businesses the judgement is permitted by the Highest Power for the most part to the appointed Courts and at last upon Petition against the greatest of them the matter is referr'd to men most skilfull in the Law or more rarely the Highest Power it self advising with learned Counsell gives finall judgement but very seldome upon suspition of some Court cals forth the cause unto it self so also in these controversies about Sacred things it hath been most usuall by the ordinary Synods and upon appeal from their decree by a certaine Assembly called for the purpose to put an end unto them it hath been lesse usuall yet sometimes usefull for the Emperour himself to judge of the Religion and equity of the former Judges Thus in the case of the Donatists after a double judgement of Bishops Constantine did who although he approved not the appeale yet he refused not the tryall of it But this is somewhat more rare and yet not without right that if a Synod upon probable causes be declined the Highest Power cals the cause before it self and weighing the opinions of most eminent Divines pronounces what is most equitable The Synod of Antioch prohibits him that complains of injury received from a Synod to trouble the Emperour with the hearing of his Case so long as the matter may be rectified by a greater Synod Yet this takes not from the Emperour the Power to heare the cause if it be brought before him Moreover the modesty of the antient Bishops hath attributed Power to Kings not only to examine the right or wrong of Excommunication but to pardon also and abate the punishment thereof for so much as belongs to Positive Law Ivo Carnotensis a Bishop and a stout desender of the Churches right against Kings was not afraid to write unto his fellow-Bishops that he had received a certain person into Communion in contemplation of the Kings favour to him according to the Authority of a Law that saith whosoever the King receiveth into grace and admits unto his Table the Priests and Co gregation must not refuse The Kings of France and the Vindicators of the Regall Right the Judges of the Supreme Courts have often constituted and decreed that publike Magistrates by occasion of that Jurisdiction they exercise are not subject unto those Ecclesiasticall penalties So in the Decrees of Hungary of the year 1551. the Ecclesiasticks are forbidden to send out without the knowledge and permission of his Majestie any sentence of Excommunication against the Nobles of that Kingdome And in an antient Law of the English it is read that none of the Kings Ministers be Excommunicated unlesse the King be first acquainted with it Which I see the Princes of Holland have thought sit to imitate for the same was promulged by Charls the Fift by his edict in the year 1540. Neverthelesse such use of the Keys as is congruent to Divine Law and such injunction of penance as is consentancous to the Laws and Canons the Highest Powers are wont to approve And this is the Imperiall Anathema mentioned in sundry of Justinians Laws We conclude that Christian Powers at this time doe not innovate which will not unlesse upon causes approved by themselves suffer Excommunication being joyned with publick shame to proceed unto effect which by their command inhibit censures manifestly unjust for it is their Duty to save every one from injury and to keep the Church from Tyranny CHAP. X. Of the Election of Pastors REmains that part of Empire which as we have said consisteth in assigning Functions The perpetuall Functions in the Church are two of Presbyters and Deacons Presbyters with all the antients I call them that feed the Church by preaching of the Word by Sacraments by the Keyes which by Divine Law are individuall Deacons which in some sort serve the Presbyters as the Levites did the Priests of old To this order are referr'd the Readers who were in the Synagogues as the Gospel and Philo shew and were retained in the Church as appears by History by the Canons and by the writings of the Fathers In the Gospel he that keeps the Book is call'd the Minister which is even all one with Deacon and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree which were afterward called Subdeacons But the most laborious part of Deaconship is about the care of the poore Presbyters the antient Latin Church translated Seniors Deacons I think cannot otherwise be stil'd than Ministers although there be some who as their manner is in other things had rather carp at this than acknowledge it to be true I am deceiv'd if Plinius Secundus did not understand both Greek and Latin yet he relating the Institutes of Christians rendring word for word names them Shee-Ministers whom Paul entitles Sheedeacons and the Church afterward Deaconesses Now as the Levites could doe nothing but
a Presbyter is ordain'd the Bishop blessing him and holding his hand upon his head let all the Presbyters also that are present hold their hands upon his head by the Bishops hand For the confirmation hereof I dare not bring that of Paul concerning the laying on of hands of the Presbytery because I perceive Jerom Ambrose and other antient and the Prince of all recent writers Calvin interpret Presbytery in that place not the consistory but the Office to which Timothy was promoted And truly whosoever is versed in the Councils and the writings of the Fathers cannot be ignorant Presbytery as Episcopacy and Diaconacy to bee names of Offices And seeing it is certaine that Paul laid hands on Timothy it seemeth neither necessary nor convenient to joyn fellows with him for an Apostolicall act and Collation of miraculous gifts In the meane time I doe not see how this can be refelled even among the Schoolmen Antisiodorensis long since granted it where Bishops are not Ordination may be rightly made by Presbyters For the things that are observed for order sake admit exceptions So in the antient Councill of Carthage it is permitted Presbyters in case of necessity to reconcile penitents and in another place to lay hands on the Baptized Moreover as we have said above it is doubtfull whether Presbyters that neither have Presbyters under them nor a Bishop over them are neerer to Bishops or more Presbyters For of Timothy also Ambrose argues thus He that had not an other above him was a Bishop And we know to take an instance in the Common-wealth many things are lawfull for a Senate having not a King which to a Senate under a Kings Power are unlawfull For a Senate without a King is as it were a King This is our third Assertion The causes were not light why in this age in some places at least for some time Episcopacy was omitted That the causes are temporary Beza himself seems to acknowledge when he saith He is not the man to think the old order were not be restor'd if the ruines of the Church were once repair'd Of these causes the first might be the penury of men sufficient for so grave an Office for if that were a cause just enough while the Church was yong to omit in many places the Episcopall eminence as we heard Epiphanius say why then at the Churches Rise out of the thickest darknesse might not the same cause take place especially in those places where was found not one of the old Bishops that would yield up himself to truth and open his eyes to see the light held forth Another cause of this omission might be the long and inveterate depravation of the Episcopall Office Socrates of old complains some Episcopacies of his time had exceeded the bounds of Sacerdotall purity and were corrupted into Domination Hierax complains in Pelusiot the Dignity of lenity and meeknesse was advanced into Tyranny Nazianzene complains of the ambition of Bishops and for that reason wisheth if not Episcopacy yet at least that perpetuall right of Cities in retaining Episcopall dignity were changed Would to God there were neither Presidency nor preeminence of place nor tyrannicall power that we might all receive our estimate by vertue alone The Fathers of the Ephesin Synod long since professe themselves afraid lest that under the colours of the Sacred Function should commence the pride of secular power And it is easy to find the like sayings in the African Councils But verily never did Ecclesiastical ambition from the Apostles age unto those times advance to such a hight as it hath done since those times to the memory of our Fathers So that now without cutting off the part wherein the cause lyeth the disease seems almost impossible to be cur'd It is true good things are not to be condemn'd because some men abuse them yet the abuse being turn'd into a custome an intermission of the things themselves is not infrequent The Mosaicall Serpent might have remained without Superstition if the thing it self were considered but Ezechiah respecting the grown vice of the people that he might take away the Superstition took away the Serpent I am loth to say that the name and eminence Episcopall by their fault to whom it had fallen had lost all its reverence and was come into the odium of the common people to whom even when they are in errour somewhat sometimes is to be yielded The Romans being evill intreated by the Tarquins took an oath they would no more endure a King at Rome A third cause may be added that in those most infestious times the Preachers of the truth being hated for the truths sake were obliged to acquit themselves not only from the crime of ambition but from all suspition too which when by taking away the Episcopall dignity they sollicitously endeavour'd for all this they escaped not the calumny of their adversaries What reproaches should they not have heard had the change of Doctrine been joyned with the acquisition of preferment I will adde one cause more why in the beginning of the Repurgation Episcopacy was not very necessary God had raised up excellent men of great wit of great learning of great esteeme both among their own and the neighbouring people few indeed in number but such as were able to beare the weight of many businesses Their high reputation amongst all easily supplyed the defect of Episcopacy But if we will with Zanchy-confesse the plaine truth none were indeed more truely Bishops than they whose Authority although this was not their design prevailed even to the overthrow of Bishops Nor is that here to be omitted which we have said already more than once The Ecclesiasticall Government for the most part receives some impression from the Civill In the Roman Empire the Bishops were correspondent to the Dukes the Metropolitans to the Presidents the Patriarchs or Primats to the Vicars or Deputies of the Emperour What marvell is it then if people more accustomed to an Optimacy than Monarchy would have the Church affairs committed rather to the Clergy than the Bishop And these are the causes wherefore I think the Churches may be excus'd which have no Bishops whilst yet they abstaine from a disapprobation of the most Sacred order and withall retaine what Beza judged in no wise to be omitted That was Essentiall saith he which by the perpetuall ordainance of God hath been is and shall be necessary that in the Presbytery some one both in place and dignity the first oversee and governe the action by that right which God hath given him Let us come unto those Assessors whom in many places we see joyned to the Pastors out of the people by an annuall or bienniall Office They call them Presbyters when yet they neither Preach the Gospell to the people nor exhibite the Sacraments Concerning them this is our judgement First we say Those temporary Presbyters are strangers to the Apostolicall and antient Church nor have I seen any that
added a new Obligation to the former so that the Jew doing the contrary not only offended in doing a vitious act but an act forbidden because by the transgression of the Law he dishonourâ—th God as Paul speaks As it is in the Divine Law of the Decalogue so also it is in Mans Law a proportion being observed For they that resist resist the Ordinance of God and therefore shall receive to themselves damnation as the Apostle testifies We have considered how largely the matter under Humane Power is extended and what acts belong unto it in every kind now let us see what acts are not by right within the Command thereof It is certaine those only are without the limits of the Supreme Power which are repugnant either to the Naturall or to any other Divine Law no other way of confining the right of the Highest Power can possibly be invented The things defined in the Law Divine wherein I comprehend the Naturall are of two sorts some commanded some forbidden Therefore there are two acts of Empire which belong not to the Right of him that Ruleth To command what God forbids To forbid what God commands The reason is because as in naturall causes the Inferiour have no force to work against the Efficacy of the Superiour so it is in Morall Wherefore such Commands so far as they doe contradict the Divine cannot have the proper effect of Commands they cannot Impose an Obligation Excellently saith Austin If the Curator Commands somewhat is it not to be done no If the Proconsul forbids Herein you contemn not the Power but choose to obey the Higher Againe if the Proconsul bid one thing the Emperour appoint the contrary without doubt you must hearken to the Emperour Therefore if the Emperour doe require one thing and God another what is to be done God is the greater Power Give us leave O Emperour to obey Him Yet we must carefully distinguish between the Act of Authority which moves the Subject to work and the Force offered which imposes on the Subject a necessity of suffring For when the Act of Authority is without effect and layes no obligation yet the Force hath an effect not only Physicall but Morall not on the agents part but the patients namely that it is not lawfull to repell that force by force for violent defence being lawfull against an Equal against a Superiour is unlawfull â—A Souldier saith the Lawyer who resisted his Captain going about to chastise him was punished by the Antients If he laid hold on his Cane he was casshier'd if on purpose he brake it or laid hand on the Captain he was put to death This though probably it might have proceeded from Humane Law for humane Authority binds to all things which are not unjust and it is not unjust to forbear resistance or also from the Law of Nature which suffers not a part to oppose the whole no not for self-preservation yet is it more cleerly demonstrated out of the written law of God For Christ when he said Hee that taketh the Sword shall perish by the sword plainly disallows a forcible defence against the most unjust force offer'd by Authority And hither is to be referr'd that of Paul Hee that resisteth resisteth the ordinance of God There are two wayes of resisting either by doing against the command or by repelling force with force as Austin interprets Whether the Power favouring the truth corrects a man he hath praise by it who is amended or disfavouring the truth rageth against a man hee hath also praise by it who is Crowned So Peter will have Servants subject to their Masters not only to the good and gentle but to the froward which the same Austin extending also unto Subjects Princes must be so endur'd by the common people saith he and Masters by their servants that they may exercise their patience in bearing temporall things and their hope in waiting for things eternall So it was also in the old Law where to use Subjects for servants to give away their goods to others is call'd the Kings Right not as if the King doing so did justly the Law divine had taught him another lesson yea had forbidden him to be puffed up to gather abundance of gold and silver and a multitude of horses but because doing so no man might lawfully oppose force against Him as the Romans say The Praetor gives Judgement even when he decrees that which is unjust Hence was that twice spoken of a King though most unjust yet set up by God Who can lay his hand upon the Lords anointed and be guiltlesse Neither are they by any means to be heard who against the holy Scriptures against right reason against the judgement of pious Antiquity doe arme certain Inferiour Powers against the Highest For Peter teaching obedience to the King that is to the Highest Power as Supreme to Governours that is to Inferiour Powers as sent and ordained by Him manifestly shewes all the right of Inferiour Powers to depend upon the Commission they receive from the Highest Hence Austin concerning Pontius Pilat Such power God had given him that was contained under Caesar's Power And was not David a Prince and a Leader among the people of God who was so farre from touching that Tyrants person that his heart smote him for cutting off the lap of his garment Reason confirmes what we have said For those Magistrates in respect of their Inferiours are Magistrates as long as it pleaseth the Supreme Power but in respect of the Supreme Power they are but private men because all Power and all Jurisdiction flowes from the Supreme and still depends upon it Hence Marcus Aurelius that most wife Emperour said The Magistrates judge Private men Princes the Magistrates and God the Princes By the name of Princes understanding the Emperours who were now become absolute The ancient Christendome was of the same judgement for no Governours no Leaders of legions ever attempted any thing with Arms against the most impious cruell and bloudy Emperours So that it is a very sad thing that our Age hath brought forth men of learning who by a new-coyned doctrine have opened a broad way for Seditions and Wars to enter in Neither ought we to be moved by any late examples of Arms taken up against Kings For if they were taken up against Kings upon whom the whole Right of the people was translated and who therefore raigned not by a precarious but proper Right whatsoever pretext or successe they had they cannot be prais'd without impiety But if any where Kings were bound by Contracts on Positive Lawes and Decrees of some Senate or States against these having not the highest Authority upon just causes by the judgement of the same Senate or States Arms might be taken up For many Kings even such as succeed by inheritance are Kings by name rather than by Power as Aemilius Probus hath written of the Laconians But this
deceives the unskilfull that they doe not enough discern the daily administration of affaires obvious to their eyes which in an Optimacy is oft committed unto one from the interiour Constitution of the Common-wealth What I have said of Kings I would have to be understood much more of them who both really and in title were not Kings but Princes that is not chiefest but first Whose Principality much differs from Supremacy And again this is to be noted that some Lords and Cities have Supreme Authority though they seeme not to have it being under the Trust and protection of another But seeing to be under protection is not to be in subjection and as the Roman Lawyers note The people ceaseth not to be free that are fairly observant to anothers Majesty these also may be endowed with Supreme Authority who are obliged to another by unequall League or tye of Homage All this I set down to that end lest any one hereafter as I see hath been often done defame good causes by an ill Defence I would more enlarge in this Argument for 't is of great consequence and here to erre is dangerous but that 't is done already with great care by many others and of late by the learned Arnisaeus Upon these premises let us come to demonstrate the parity of Empire over Sacred and other matters As in all things the thoughts are not so eafily ruled as the words so particularly in Religion Lactantius hath truly said Who shall enforce me either to believe what I will not or not to believe what I will And in this sense that of Casiodor is true Religion cannot be Commanded and of Bernard Faith is to be planted by persuasion not obtruded by violence Wherefore also the Emperours Gratian Valentinian and Theodosius said concerning an Heretick Let him think if he will what is hurtfull for himself let him not utter it to the hurt of others And I suppose Constantine had respect hereunto when he call'd himself a Bishop or Overseer of things without because the inward acts taken by themselves are not the matter of Humane power but are Subject to the power of God who by Bishops not Commanding but Ministring moves the minds of men with voices and signs yet so that the still reserves the maine Efficacy to himself alone Notwithstanding inward acts of all sorts taken joyntly with the outward fall under Humane Authority The Cornelian Law lays hold on him who carrys a weapon with purpose to kill a man and Adrian the Emperour saith not only the event in evill deeds but the will is to be consider'd So in Justinians Code concerning the Catholick Faith a Title is extant to wit for the Profession of Faith which the first Law explains All people under our Empire we require to be of such Religion c. Hence came those names of Kings Rectors Authors Defenders of the Faith So also of old the King of Ninive commanded repentance with fasting That things forbidden by God cannot with validity be commanded nor things by him commanded be forbidden by Humane power is no lesse true in other actions than in Sacred in both that of the Apostle hath place We must obey God rather than men which a Disciple of the Apostles Polycarpus hath expressed thus We have learned to render to the Powers ordained by God all the honour we can without hurting our own souls The King of Egypt Commands the Mid-wives to kill the Male-children of the Hebrews They doe not obey The cause is exprest For they feared God who by the dictate of Nature forbids to slay the innocent King Ahab would have Naboth sell him his Vineyard Naboth denyes for the Divine Law given to the Hebrews forbad inheritances to be alienated from the same family Antoninus Caracalla commands Papinian the Lawyer to defend the paricide committed by him Papinian refuses and had rather dye because he knew it was against the Law of Nature and Nations to speak false and Patronize so great a crime By the same right but with more holy affection the Apostles when the Councill charged them not to speak or teach in the name of Jesus aske whether they must not obey God rather than men and justly for they had received a charge from God himself by the mouth of the Lord Jesus in his name to Preach repentance and remission of sin and that beginning at Jerusalem for this also was specified in their Commission What therefore the Divine Command had made necessary for them to be done Humane command could not render unlawfull And in this sense the Authors are to be explain'd who say the Gospel the Ministry the Sacraments are not subject to Humane Power that is to change that which Divine Law hath introduced For first the Preaching of the word of salvation and the exhibition of the Sacraments being commanded by God cannot effectually be forbidden by men Likewise the Noursing of Parents or Children the relieving of the innocent and many other duties are so far exempt from Humane Law that the prohibition of them is of no force or vertue Secondly the forme by God prescrib'd for the Ministry of his word and Sacrament cannot be alter'd by men nor is this proper to things Sacred For also the Forme of Matrimony as it consists in the unity and individuall knot of two persons is by Humane Law immutable Thirdly it belongs not unto Humane Power to make new Articles of Faith or as Justinian speaks to innovate the Faith nor to institute a new worship of God or new Sacraments because the nature of such things will not admit thereof for nothing can be believed or done in order to salvation but what God hath declared such neither can any thing be fit to apply unto us the Divine grace unlesse God hath assign'd it to that use Yet to speak accurately these things which we have rehearsed Sacred and others may be rather said to have something in them of immutable right than simply and altogether exempted from the Rule of the Highest Powers seeing there be very many and very great acts of Authority concerning them which acts are call'd in Scripture the Commandements of the King in the businesse of the Lord. For first it is the proper effect of the Highest Powers that we have liberty and convenience to doe the things which God commandeth being freed from impediments and supplyed with helps So Cyrus and Darius gave leave to the Jews to restaur the Temple and to sacrifice there and gave them moneys too to beare their charges So by the edict of Constantine and Licinius the Christians had open exercise of their Religion Secondly not only by permitting but as before was touched Humane Law by Commanding what Divine Law doth Command superaddes another Obligation Thirdly to the actions Commanded by God the Highest Power prescribes certaine circumstances of place time and manner that they may be done decently and in order Fourthly from actions forbidden by
ever These actions therefore being done and to be done by Christ himself Life and Death Eternall with the Promise commination and adjudgement of the same being not in the power of meer men it is certaine that in them no man is the associate or Deputy to him But there be other actions call'd intermediate and of these againe some are about the inward some about the outward man Those about the inward man are partly in the man partly concerning him In the man Christ works when by the vertue of his Spirit he illuminats some others by not illuminating he blinds he opens the heart of some others by not opening he hardens sometimes he affordeth greater aydes against temptations sometimes lesse Concerning the man Christ works when he remits or reteins sin yet for the most part in those actions also some signs of them are inwardly Imprinted in the man by Divine Efficacy All those actions exceeding the Power of meer Man are also so peculiar to Christ that he admits no Fellow in them not Vicar Ministers indeed he admits to these actions Pastors Private men and Kings too every ohe in his way But there is a difference between a Vicar and a meer Minister because it is the part of a Vicar to produce actions of like kind with his actions whose place he holds though of lesse perfection and to a meer Minister it perteins not to produce actions of like kind but such as are serviceable to the actions of the principall cause Whence it appears that the same action is properly atributed yet proportionably both to the Prineipall and the Vicegerent for the King truly Governs and gives judgement so doth the Judge also though not with equall Right But to the Principall and the meer Minister the same action cannot be accommodated without a Trope as Pastors are said to save men to remit and reteine their sins There remaine the actions of Christ about the outward man which especially consist in defence and deliverance from enemies and in the ordering and adorning of his Church actions rightly referr'd unto his providence And as the generall providence of God which hath a warchfull eye over all things although by it self it be sufficient for the disposition and execution of them yet for the demonstration of his manifold wisdome He makes use of the Highest Powers as his Deputies to preserve the common society of men whence also they are stiled Gods So that speciall providence of Christ watching over his Church assumes unto it self the same Powers to Patronise the true Faith and to them Christ also imparted his own name These are they that as Nazianzen saith rule together with Christ not by equall fellowship of power far bee from as so impious a thought but by a Vicarious and derived right which is the meaning of that in the Bohemian consession Magistrates have a power common with the Damb Wherefore seding things subordinate doâ— no fight against one another and seeing it doth not mis become the Majesty of Christ to excoutâ— the prinâ—ipall actions of his Kingdome by himself immediatly 〈◊〉 partly by himself pamly by other as â—e 〈◊〉 too the Angels Ministry out of question it follows that the earthy Empire of the Highest Power as it takes care of Sacred things doth not at all oppose or stand against the heavenly and divine Power of Christ And here we must admonish our Opponents that in the place of Christ the King of Kings and Lord of Lords they may not put upon us Presbyteries and Synods nor transferre what is proper to Christ alone to rule over Kings unto them whom both the necessity of order and divine Authority hath subjected to the Imperial Power But because in Scripture and the antient History some Government is attributed partly to Pastors partly to Churches let us see how it comes to passe that the Government of the Highest Power is not overthrown thereby For the right understanding whereof lest in the unlikenesse of things we be deceiv'd by the likenesse of words we must make use of some distinctions Government is either such as may consist with the Liberty of the Governed or such as â—â—dy not consist with it the former agrees to them who govern as Tucitus speaka by authority of persuasion not by pouâ—â—â— of Command as Physicians Lawyers Coun sellours in things not altogether necessary The later Government whereby the Liberty of the Governed is taken away is either Declarative of Law or Constitutive and this later either by right of consent or by vertue of Authority This distinction springs from the manner of introducing an obligation They that govern declaratively doc not oblige properly but occasionally as they give a man notice of that which either brings or encreases an Obligation So the Physician governs his Patient by shewing what is hurtfull what is wholsome which being known the sick is bound to use this avoid that not by any Right which the Physician hath over him but by the Law of Nature which commands every one to have a care of his own life and safety So Philosophers doe govern the Morall and Civill life by shewing what is honest what the safety of the people requires Hither are referâ—â—d the Annunciations which Embassadours or Heralds sent by the Highest Powers make unto the Subjects and as well the suasory which we have memtion'd as the declarative are wont to be comprehended under the one name of Directive regiment from which differs the Constitutive whether it ariseth out of Consent a Command That out of consent hath vertue to oblige all that have consented by the naturall law concerning the keeping of Covenants in those things which were in the right and power of the Covenanters But they that have not consented are not directly bound indirectly they are if three things concurr First that they are a part of the whole Second that the major part of the whole have consented The third that something must be necessarily Constituted for the conservation of the whole or the bettering of it Upon these conditions all and every one are bound not by any Right which the major part hath over them as Superiour but by that Law of Nature which requires every part as a part to be ordered for the good of the whole Which good oftentimes cannot be had without some speciall determination and that determination can be of no effect if it be lawfull for a few to undoe what was done by many Hence it is that the Companions of a journey the partners of one ship or of the same negotiation all Collegues are bound to stand to the decree of the major part in those things only that need some determination and belong to that Community whereof themselves are members But the Imperative regiment obligeth by the intrinsecall force of its own supereminence and the regiments of this kind as hath been said are either Supreme or placed under the Supreme and these again either derived from the Supreme
this with Plato's saying Happy are the Commonwealths wherein either Philosophers are Kings or the Kings given to Philosophy Yet may not the Philosopher invade the Royall throne nor the King be thrust out of it that is no Philosopher It is objected The spirits of the Prophets are subject to the Prophets Many of the antients both Greek and Latine understand St. Pauls meaning to bee this They that are inspir'd with Prophecy must not all speak to the people at once but one expect the ending of the others speech for they are not like the possessed transported by the inspiration but so far Masters of it that they may use the gift of God without consusion and in that order wherewith God is best pleas'd and his people edified There is no cause to reject this Interpretation which the series of the Apostles discourse so fairly admits The other Interpretation that the Prophets ought to suffer other Prophets to judge of their Prophecies is not pertinent here For first seeing that singular gift of Prophecy as of healing and tongues was marvellously ordeined by God for the beginnings of the Church and is long since expired it cannot be applyed by way of argument unto our times And grant you may compare unto that admirable gift manifested also by the prediction of things to come the Theological skill what ere it be acquir'd by Humane labour yet will not they obteine their desire who would have all Pastors and them alone to be knowing in Theology for there are many Pastors not very expert and some that are not Pastors are of good skill in things Divine Lastly there being divers kinds of judgement as hath bin spoken the establishment of one is not the destruction of the other The same disease or wound fals under the judgement of the Physician and of the Judge if it come in question before him and of the sick man himself And when the Prophets judged in the Apostolicall Church it was said to every Christian Try the spirits yea St. John layes down a Rule by which every one of the faithfull might discerne the Spirit of God from the Spirit of Antichrist Whereunto answers that of Paul to the Thessalonians Quench not the Spirit Despise not prophecyings Try all things hold fast that which is best But without all question this Tryall and distinction of things is an act of judgement And in that place of the Apostle Let the Prophets speake two or three and let the other judge the most antient Fathers by the word other understand not the other Prophets only but all the people not without great reason when as elsewhere the discerning of Spirits is by the same Apostle distinguisht from the gift of Prophecy Whence it appears he meant either some gift Common unto Christians for Faith also is numbred among the Gifts distinct from the gift of miracles or a certaine excellent faculty to judge of Prophecies where with some that were not Prophets were endued The Apostle Paul himself bids the Corinthians judge what he saith And the Holy Fathers often appele unto the judgement of all the people So Ambroses Let the people judge in whose heart is writ the Law Divine All this we have alleg'd to manifest that the judgement of things Sacred and of the holy doctrine did at no time belong to the Prophets only Whence also it may be understood how poore their Evasion is who reply to the Arguments out of the old Testament and say the things there done by Kings were not done by them as Kings but as Prophets For if by the name of Prophet they meane some speciall Mandate of God was given them this is where the Scripture is silent a meer divination so far from certaine that 't is not probable What need any speciall Mandate when the Law was extant unlesse perhaps to incite the negligent but if by Prophecy they meane a clearer understanding of the Divine will proposed but darkly in those times we easily confesse they did as Prophets since they would have us say so know more certainly what was to bee commanded by them but they commanded as Kings And for that cause the Scripture in the narration of those affairs not content with the proper name added the name of King to signify the Right of doing proceeded from the Authority Royall and therefore to be imitated by Kings Wherefore letus also say when Christian Kings give Commandements about Sacred matters they have the Right to doe so as they are Kings the skill as Christians as taught of God having the Divine Law inscribed on their hearts in a clearer Print than those antient Kings and Prophets For many Kings and Prophets saith Christ to his Disciples have desired to see the things that ye see and have not seen them and to heare the things that ye heare but they have not heard them CHAP. VI. Of the manner of rightly exercising Authority about Sacred things WE distinguish the Right of the Highest Powers and the manner of Using their right for 't is one thing to invade that which is belonging to another and an other thing to use improvidently that which is ones own So great is the variety of things times places persons that we might here make a long discourse but we shall briefly collect what may suffice for our purpose First then it behooves him that hath the Supreme Authority both in the inquisition of that which is by Law Divine determined either to be believ'd or done and in consultation about what is profitable for the Church to lend a willing care to the judgement of eminent Pastors for their piety and learning That this is to be done in doubtfull matters reason and common sense demonstrates for one man cannot see nor heare all things therefore said the Persians A King must borrow the eyes and ears of other men By the Commerce and Society of wise men Princes become wise Which sayings if they are true in secular affairs how much more in Sacred where the errour is most dangerous For the proof hereof we need not allege examples it will be more worth our pains to consider how far the judgement of the Supreme Governour may and ought to acquiesce and rest in the judgement of Pastors We must note therefore that all Humane judgement is founded either upon internall principles or upon Externall the Internall are either objected to the sense or to the understanding by the former we judge the Snow to be white by the later we judge Mathematicall Propositions to be true because they are reduced to common notions The Externall principle is Authority or the judgement of another and that is either Divine or Humane no man doubteth but that in all things he must acquiesce to Divine Authority thority so Abraham judged it to be his duty to offer his Son So Noah believed the Floud would come But to Humane Authority no man is bound to acquiesce
give their votes after the Divine election unlesse Gods pleasure ought not to stand without their good liking but He was numbred with the eleven Apostles as the Syriac and all the antients have interpreted So there is another word in the Acts wherein some are more subtile than is necessary The Apostles are said to have commended the faithfull Lycaonians to God with prayer and fasting after they had ordained them Presbyters in every Church This ordaining is expressed by a Greek word in whose Etymology some have found the suffrages of the people And 't is true that both at Athens and in the Cities of Asia there was a Custome of giving suffrages with the hand stretched forth And if we were delighted with that subtilty 't were easy to interpret the word of the Apostolicall Imposition of hands or Ordination for he that imposeth hands must needs stretch them forth and the next writers after the Apostles use the word in this sense But indeed neither the Evangelists nor other Greek Authors are so curious in their words yea there is scarce any word which hath not enlarged its signification beyond the originall meaning Againe if Luke in this place would have signified a popular election he would not have ascribed the word ordained to Paul and Barnabas as hoe doth but to the multitude Therefore Paul and Barnabas doe the same thing here which in another place Paul would have Titus doe that is or daine Presbyters in every City That which Titus is commanded to doe by the precept of the Apostle the same doth the Apostle here being so authoriz'd by the Spirit of God that he needed not the assistance of the people Lastly the fasting and prayers did not precede the Ordination but intervened between it and the Valediction that it is strange this should be drawn into an argument of popular election when as if the prayer and fasting of the people had preceded this were nothing to the purpose For the people may also fast and pray to God that the election of a King to be made by the Electors may be prosperous and happy yet are not the people therefore the Electors I have seen them who would assert Election to the people by Divine and immutable right upon this ground that the people hath from God a precept to avoid false Pastors But these men doe not observe that this argument if it have any force proves Election to be the right not of the multitude only but entirely of every single person For all and every one must avoid false Pastors with all care And so must every sick man take heed of a rash Physician but no man will therefore say that the City Physician is to be chosen by the Plebeians This may rightly be collected thence before election can come unto effect the people and every one among the people must have power to allege causes if they have any wherefore he that is proposed ought not to be elected For Paul having spoken of Bishops and passing unto Deacons saith And let these also first be proved where requiring that to be observ'd in Deacons which was to be observ'd in Bishops there is no doubt but he would have Bishops to be proved especially seeing he said afore that they must be blamelesse Among the Athenians there was a probation of their Princes the forme whereof was this What Parents and fore-Fathers they were extracted from of what tribe they were of what estate what service they had done the Common-wealth So if a Pastor were to be elected it was justly granted every one to enquire what his behaviour was how married what his children were and the rest which Paul would have observed in a Pastor This is that in the Councill of Chalcedon Let the name of the ordained be publisht for so Lampridius hath exprest it in the life of Alexander Severus When he appointed Governours of Provinces he publisht their names exhorting the people if they had any thing against them they should bring in their evidence for he said it was a great gravamen not to doe that in choosing Rectors for Provinces which the Christians and Jews did in publishing the names of such as are to be ordain'd This is indeed a Luculent Testimony of the old fashion of Christians not much distant from the Apostolicall time For between the decease of John the Apostle and the Reign of Severus are about a hundred years and ten But this place is so far from evincing the Christian Priests to have bin chosen by the people that hence you may rather conclude the contrary For 't is one thing to be admitted to prove crimes or impediments another thing to elect Severus did propose unto the people the Governours names but that they were elected by the Emperour himself no man that hath read History will doubt Yea 't was needlesse to propose the Priests unto the people if the people did elect them It is most certaine in the antient Church after the Apostles age although by right the people might choose their Pastors that was not every where observ'd but the people abstained very often from election by reason of the incommodities of popular Voting retaining in the mean time the right of probation And this is the sense if it be rightly weighed of Cyprian's Epistle to those of Spain wherein some lay the chiefe foundation for Election by the people for he doth not precisely say The people have power of choosing worthy Priests but either of choosing worthy or refusing the unworthy Either is sufficient for Cyprian's purpose that an unworthy person may not creep into the place of a Priest And in the following words hee doth not say a Priest is to be chosen by the people but the people being present Why so that a fit and worthy person may be approv'd by the publike testimony and judgement And a little after that the people being present either the crimes of evill men may be detected or the merits of good men commended How so Because the people most perfealy knowes the life of every one and hath best experience of his conversation Neverthelesse the same Cyprian in the same place declares that to choose a Bishop in the presence of the people was not a thing of universall Custome It is held saith he among us and in all the Provinces almost How weak the arguments are which he allegeth out of Scripture to prove the peoples presence necessary hath been shew'd by others And the cause he brings hath hardly place but where the Pastor of a City is to be chosen out of the people or Clergy of the same But that Elections were not alwayes made by the people appears even out of Cyprian himself in another Epistle which is likewise thought to favour popular suffrages In Ordinations of the Clergy most dear brethren we are wont to consult with you afore and by common advise to weigh the manners and merits of every one but
humane Counsells are not to be waited for when the Divine suffrages doe lead the way Aurelius our brother an illustrious young man is already approved by our Lord and called by God c. And then Know ye therefore most beloved brethren that He was ordained by me and my Collegues that were present He saith He was wont to consult with the people that they were alwayes to be consulted with he saith not yea by his example he shewes the contrary for He with his Bishops had promoted Aurelius the peoples advise being not required Hee setteth down the cause the people is advised with to give testimony of life and manners but Aurelius had a sufficient testimoniall from his twofold Confession which Cyprian calls a Divine suffrage By the same right Hee declares to his Clergy and people by epistle that Numidicus was to be ascrib'd to the number of the Carthaginian Presbyters and that he had design'd the like honour for Celerinus That in Africa other Bishops also had right of Electing Presbyters the saying of Bishop Aurelius in an African Councill sheweth The Bishop may be one by whom through the Divine grace many Presbyters may be constituted And that the testimonies of the people were not alwaies desired is manifest in the third Carthaginian Councill the words of the Canon are That none be ordained Clerk unlesse he be approved by the testimony either of the Bishops or of the people Wherefore two wayes lead one to the Clergy Popular testimony or Episcopall examination Whence Jerom to Rusticus When you are come to perfect age and either the people or the Prelate of the City shall elect you into the Clergy And in another place Let Bishops hear this who have power to Constitute Presbyters through every City Yea the Laodicean Synod whose Canons were approved by a Councill Oâ—cumenicall rejecteth popular Eclections Upon which place Balsamon notes that the most antient Custome of popular Elections was abrogated by that Canon for the incommodities thence arising as he also notes upon the xxvi of the Canons Apostolicall that Presbyters were of old chosen by suffrages but that custome was long since expired Now let us proceed to the Election of Bishops a thing of so much more moment than the former by how much more care of the Church was imposed on the Bishops than on the meer Presbyters No man denies them to have been chosen by the people that is by the Laity and the Clergy after the Apostles time but this to have been of right immutable no man can affirm For to passe by the examples of them that have been constituted Successors by the deceasing Bishops it is a thing of most easie proof that Bishops were very often chosen either by the Clergy of their City alone or by the Synod of their Comprovinciall Bb. For the right of the Clergy the place of St. Ferom is remarkable At Alexandria from Mark the Evangelest unto Heracles and Dionysius the Bishops the Presbyters alwayes named one to be Bishop chosen out of themselves and placed in a higher degree Naxianzen speaks ambiguously He would Elections were permitted either to the Clergy alone or chiefly to them for so lesse evill would befall the Churches yet withall he shewes this was not observ'd in his time but the suffrages of the richest and most potent men yea the Votes of the people too had the stroke in Elections But the Election made by the Comprovinciall Bishops is approved by the great Nicene Synod without any mention of the people Whereunto agrees the Antiochian adding this If any contradicted such Election the suffrages of the greater part of Bishops should carry it Yet I deny not in many places even in the time of these Synods the people also had their Votes but the custome was not universall It was free untill the Synod of Laodicea was confirmed by an Universall Councill the xii Canon whereof following the Nicene and Antiochian gives the right of Electing to the Comprovinciall Bishops the xiii expresly takes away all Sacerdotall Elections from the multitude Justininian also hath excluded the common people from the Election of Bishops and committed it namely to the Clergy and the prime men of the City By the prime men he means the Magistrates and Officers Among many named the designation of one he committed to the Metrapolitan yet so that if there were a scarcity of able men the Election of one by the Clergy and principall men might stand Notwithstanding this Constitution of Justinian which did not long outlive him soon after there was a return to Synodicall Elections which Balsamon relates were usuall in the East in his time also with this exception that the Metrapolitans were chosen by the Patriarchs the Patriarchs by the Emperours Wherefore we conclude it is neither proved out of the Scripture nor was it believ'd by the antient Church that the Election either of Presbyters or of Bishops did immutably belong unto the people Of this judgementa also they must needs be whosoever have transferred the Election to the Presbytery for were it of Divine and immutable right that the Multitude should Elect the election could not be transferred to the Presbytery more than to any others Neither were the Compromise of any value which we read was often made concerning Election if it be determined by Divine Precept that the common people must choose the Pastor for that sentence What a man doth by another bee seems to doe by himself pertains only to those actions whereof the next efficlent cause is undetermined by Law Certainly the very same thing that wee say was judg'd against Morellius at Geneva that is in that City wherein great honour great right belongs unto the people which Decree the most learned Beza defending That the whole multitude saith he was call'd together and gave their Vote was neither essentiall nor perpetuall In the same place he thinks it sufficient if the common people be allowed to bring in reasons why they are displeas'd at the Election which reasons afterward are lawfully to be examin'd Beza himself commits the Election to the Pastors and Magistrates of the City which is congruent enough to Justinian's Law but is not of right Divine and immutable for how can that be prov'd if Ordination and Confirmation be rightly distinguisht from Election And the antient Church was of another mind permitting to the Bishop the Election of Presbyters and of the Bishop to the Comprovinciall Bishops Wherefore the manner of Election is of the number of those things that are not specially determined by Law Divine but only under generall Rules which command all things to be done in the church for edification in the best order and without confusion But in all things of this nature those generall rules remaining safe wee have demonstrated afore Legislation belongs to the Highest Power Bullinger a man of a very sharp judgement is of the same mind who having alleged many examples of popular
Election inferrs thus Yet I will not thence conclude that the right of electing Bishops is to be reduced to the promiscuous Votes of the common people for whether it be better that the Bishop be design'd at the meeting of the whole Church or by the suffrages of a few no right Constitution can be prescribed to all Churches for severall Countries have severall Laws Customes and Institutes If any in whom the right is abuse it by Tyranny they are compelled into order by the Holy Magistrate or the right of designing Ministers may be transferr'd from them to others for it is sufficient that some Elders performe that office of Electing upon command of the King or Magistrate by the advise and Counsell of men who understand what the function of a Bishop is what is the condition of that Church or People over which a Pastor is to be appointed who also can judge of the endowments the learning and manners of every one By this right Justinian as we have said Constituted a manner of Electing somewhat receding from the former usage and the antient Canons by this right after the Nicene Canon were many Bishops elected by the Clergy and the People The Lawes of Charles the Great and other Kings are extant containing divers wayes of Electing so that Bucer said most truly The form of Election is prescribed by pious Princes Let us now consider whether the Highest Power it self may make Election the question is not whether it ought to make it nor whether it be alwayes expedient to doe so but whether if it doe make Election it commit any offence against the Law Divine We say with the excellent Marsilius Patavinus The Law-giver or Prince is not by any Law of God prohibited from the Institution Collation or Distribution of Ecclesiasticall offices Whosoever affirm the contrary doe accuse of impiety innumerable pious Princes of antient and of this age which truly is a point of great temerity when no Divine Law can be produced to prohibit it as hath been abundantly by others and by us in some part demonstrated Although this might suffice for whatever is not circumscrib'd by Divine Law is within the sphere of the Highest Power yet for the desending of our sentence both reasons and examples are in readinesse The first reason is taken hence that all actions even those that naturally belong to others not having causes determined by nature we see are rightly exercised by the H. Power Naturally men choose teachers for their children and give them Guardians sick persons make use of what Physician they please Merchants elect the Curators of their Company Yet in many places Guardianship is appointed by Law alone or the will of the Magistrates Physicians are constituted by publick Order and Informers of Youth too with interdiction of others from the practice of those faculties and to the Commanies of Merchants are fit Curators also appointed by the Highest Power without blame of any any But if this right be competent to the Highest Power over those things which did belong to every one much more over those things that belong unto the People because the power of the people is devolved upon it as all men know that have any knowledge of the Lawes That sometimes there may be just causes why the H. Power should challenge to it self the Election of Pastors no wise man will deny For often errours introduced into the Church against the word of God cannot be rooted out by other means often there is no other way to avoid Schism often the suffrages of the Clergy are disturb'd with factions popular election with seditions whereof are extant many examples even of the purer times Adde in the last place that the times are now and then so boisterous that the King will hardly keep the Crown upon his head except hee have a care the Pastors may be most obedient and faithfull to him Verily all Histories doe witnesse how dearly the German Emperours paid for their abdication of this Imperiall Right That we may come to Examples it hath been shewed afore that before the Mosaicall Law and afterward among the Nations without Judaea Kings themselves enjoyed the Priesthood the Divine Law not then forbidding it at which time there can be no doubt the Priesthood might also have been committed by them to others as we read the Pontifs and Flamens were created by the Kings of Rome But among the Hebrew people after Moses Law no man except of Aarons family could be admitted to the office of a Priest nor to the service of the Temple unlesse he were a Levit. Hence is Jeroboam justly blam'd for choosing Priests who were not Levits for the Law did not allow it nor was it in the King to command Sacrifices to be offered in any place but the accustomed which after David was Jerusalem Other Functions or the places for them the King might assigne to the Priests and Levits So were some Levits appointed by David for preaching others for singing And that there should be Singers with Harps and other Instruments was God's precept by the Prophets as the application of persons to the severall offices is every where attributed to David under the name of King and after David to Solomon and Jehoshaphat the King not the Prophet by name electeth Priests and Levits whom he might send forth to the Cities of Juda to instruct them The very same thing that is here debated For as some Fathers were of opinion the right of blood in the Moisaicall Law is correspondent to the Imposition of hands in the Christian Law As then the Hebrew King may apply certain persons to a certain office and place but only such as were of Aarons family and Levits so the Christian King rightly makes a Presbyter or Bishop of a certain City but of them which are ordain'd or to be ordain'd And so did Nehemia's Lieutenant to the Persian King leave some Levits in the particular Cities others hee called forth unto Jerusalem Yea the High Priest attained not that dignity by Succession but Election of the great Synedry yet confined unto certain families which Election seemeth to have been the regall right when the Kings reigned the most learned of the Hebrews Maimonides hath observed But let us proceed with the Christians Before Constantine no man will wonder that no Christian Pastors were elected by the Emperours when the Emperours either were enemies to the Church or had it in contempt and accounted it not worthy of their care Constantine gave the force of a Law to the Nicene Canon of Election to be made by Bishops other Emperours after him did the like either by renewing the Canon or not abrogating of it And 't is manifest this manner of Election was long in use the Empire being of greater extent than that the Emperours diligence could provide for all the Churches Notwithstanding this it was lawfull for the Emperours if they pleased to Elect by themselves For seeing it
things commanded by Divine Law and the things not commanded For although the right or manner of regiment somewhat differs thence wil follow no divulsion of the Churches as long as neither part ascribes to their own way the authority of Divine precept And this is the prihcipall cause why we have taken so much pains to shew That manner of Election which Kings and some pious Princes do at this time use is not by Divine Law forbidden Not that we propose their examples to be imitated by others for other kinds of Election may be either by themselves more profitable of at least to the disposition of the people and state of some churches more fit or else if for no other cause for the antient custome sake to be preferr'd but that we may not by a temerarious censure alienate from us the Kings and the Churches too by whom that manner is observ'd What we have done concerning Election the same we must doe about the offices Ecclesiasticall which some of the late Reformed Churches use and some use not That is Wee must declare nothing is either way defin'd concerning them by Precept of Divine Law whereby it will easily appear The diversity of government ought not to be any obstruction to fraternall unity Fully to understand the right of the Highest Powers this Discourse is very necessary for in things determined by Divine Precept a necessity of execution lyes upon the Highest Power in other things there is left some liberty of choise And as we have said afore The Ecclesiasticall Government for the most part is conformable to the Politicall which was also observed by the King of Great Britain a Prince of excellent wisedome Now the principall Controversie amongst the Protestants is about the Episcopall eminence and about their office who being not Pastors that is neither preach nor administer the Sacraments yet are Assessors or assistants unto Pastors and by some are stiled Presbyters or Elders Let us consider of both so farre as our designe permits for these questions are so largely handled by others that scarce any thing remains to be added Especially the most learned Beza having undertaken the defence of the Gonevian Discipline hath according to the fertilty and vigour of his wit copiously expressed what might be said both for those Assessors and against the Bishops And on the other side they that extoll the Anglican Church Saravia and the Bishop of Winchester have disputed very smartly as well for the Bishops as against those Assessors So that whoever would have perfect intelligence of these matters are to be remitted to their Books For our parts Our endeavour being to lessen not to widen the difference we will contract into a few determinations all that is either confessed on both sides or may be so clearly prov'd that it cannot be gainesaid by any but the contumacious In the first place for Bishops we take leave to use the word in that signification wherein the Synods Universall and Topicall and all the Fathers have alwaies us'd it In the Apostolicall times it is certaine though the Functions were distinct the names were not For the Function of the Apostles is call'd Presbytery and Episcopacy and Diaconary nor is any thing more usuall than for the genericall name by some particular right to adhere to one of the species as in adoption cognation and other words of the Law appears And so the name of Bishop when in the nature of the word it signifies any Inspector Overseer and Prepositus or as Jerom translates it supra-attendent for the Septuagint also have rendred the Hebrew word which is given to Magistrates by the name of Bishop and among the Athenians the forreigne Praetor among the Romans the municipall Aediles were called by this name and Cicero saith Himself was made Bishop of the Campanian coast this name by the Apostles and Apostolicall men according to the use of the Hellenists was given to any Pastors of the Church Neverthelesse by a certaine proper and peculiar right it might be assignd to them who as with the rest they were Overseers of all the Flock so above the rest were constituted Inspectors of the Pastors also Wherefore they abuse their own time and other mens who having undertaken to discusse the question take much pains to prove the name of Bishop common to all the Pastors when as the word is of a larger signification much They also doe but beat the aire who with great endeavour prove that unto all Pastors whatsoever certain things were common namely the right to Preach to exhibite the Sacraments and the like For the question is not of these things wherein they do agree but of that eminence whereby they are distinguished And that is yet somewhat more absurd that some to prove Bishops differ nothing from meere Presbyters bring in the Fathers for their witnesses That Bishops are all of equall merit as if you did say That all the Roman Senators were equall to the Consuls because the dignity of both the Consuls was equall But he is angry with himself or with his Reader who refutes such things Concerning Episcopacy then that is the eminence of one Pastor among the rest this is our first Assertion That it is repugnant to no Law Divine If any one be of a contrary opinion that is if any one condemne all the antient Church of folly or even of impiety without question it lyes upon him to prove it and for proofe I see nothing alleg'd but this Whosoever will be great among you let him be your Minister and whosoever of you will bee chief shall be the servant of all But certainly all eminence or Primacy of Pastors among Pastors is not here interdicted but all Pastors are admonisht that they may know that a Ministry is enjoyn'd them not an Empire given For the precedent words are They that rule over the Gentiles exercise Lordship over them and their Great ones exercise Authority upon them But so shall it not bee among you From this place we may much rather argue for Eminence and Primacy than against it For that which is in Matthem and Marke Whosoever will be great and the chief is in Luke He that is greatest among you He that is the President or leader Moreover Christ exhorts them by his own example The son of man came not to bee ministred unto but to minister Wherefore the precept of Ministring doth not hinder but one may be greater than they to whom he Ministreth Ye call me saith Christ Lord and Master and ye say well for so I am Therefore if I your Lord and Master have washed your feet ye ought also to wash one anothers feet And how could Christ disapprove the disparitie of Ecclesiasticall Offices when himself had appointed LXX Evangelists of a second order and lesser degree as Jerom speaketh in dignity inferiour to the Apostles as Calvin saith Much more clearly triumphing now in Heaven He hath given some Apostles and some
saith he between the State and people was constituted by Authority of the Church Farther we must observe by the word Seniors Ecclesiasticall writers doc often understand not dignity but age It is certaine the Bishops of old seldome disposed any affairs of greater moment without consulting the Church Which course was alwaies profitable in the times of persecution or upon imminent feare of Schisme almost necessary For this cause to lay the murmuring which arose about the daily ministration the multitude of the Disciples were call'd together So after Paul was come to Jerusalem when there was a rumour of him that he taught the Jews to forsake Moses although all the Elders were present it is said the multitude must needs come together Cyprian saith I could returne you no answer alone because ever since I was made Bishop I resolved this word shews it was arbitrary to doe nothing on my own head without your Counsell the Clergy and consent of the people 'T is plaine as in the Ordination of the Clergy so in separating and in reconciling the lapsed the people were wont to be consulted with Not alwaies all the people among whom were Women and the younger sort but the Fathers of Families and not all these neither but the elder and of riper judgement who haply are the Many of whom Paul speaketh These were often consulted with in place of the people In the acts of purgation of Cecilian and Felix are mentioned the Bishops Presbyters Deacons Seniors and after Take unto you your Brethren of the Clergy and the Seniors of the people Some be Seniors then who are not Clerks and therefore Laiks For these are still distinguisht in the Fathers 'T is ill favouredly done of them that take this word amisse for it is no terme of disgrace but is necessarily used to distinguish the Clergy Seniours from the rest Neither have the Fathers only so spoken whose Authority yet at least ought to suffice for the retaining of certaine words but the Prophets themserves in whom the Priests and people are divided Rightly then are they called Laiks who are not Priests that is dispensers of Divine mysteries Austin writes To the Clergy and Seniors of the Church of Hippo and in Turonensis it is Before the Bishop Clergy and Seniors Yet I will not peremptorily deny but by Seniors in those places may be understood Magistrates who as we have even now said were stiled by that name So Leo inscribes an Epistle To the Clergy the honour'd and the common people And as in some places it may be doubted whether by the word Seniors the Magistrates or the Elder in age are meant so in other places question may be made whether by the same word the Elder in age or the Priests are signified As when Gregory appoints If any Clergy man be accused let the truth be inquir'd the Seniors of the Church being present And when Austin mentions them that for ebriety thefts and other errours are rebuked by the Seniors And when Optatus shews the Ornaments of the Church were commended to faithfull Seniors For all this may agree both to Clergymen and Laymen But most worthy of our consideration is that place of an uncertaine Authour commonly reputed Ambrose out of his Commentaries on Pauls Epistles The words are these Old age indeed is honourable among all Nations Whence it is that both the Synagogue and afterward the Church had Seniors without whose advice nothing passed in the Church How this is grown obsolete I know not unbesse perhaps by the dissentions of the Doctors or rather by their pride whilst they alone would seem to be some-body That we may know the writers mind we must see whom he cals Seniors in the Synagogue Whether the Magistrates who were called Seniors sure enough that the Synagogue may be a Bench of Judges as in Matthew They shall scourge you in their Synagogues I think not although many things as we shall shew anone which belonged to the Jewish Magistrates are wont by a certaine similitude to bee applyed to the Christian Presbyters Hear the same Author elsewhere declaring It was a Tradition of the Synagogue that the Seniors in dignity disputed sitting in their Chairs the next on Benches the last in the pavement upon mats I suspect the word in dignity stole out of the margin into the text For Philo describes the same custome thus They that come to be Priests take their places in order according to their age the younger beneath the elder Wherefore the Seniors in age sate first And questionlesse some such order of sitting was observed in the antient Church which James would not have neglected when he reprehends them that give the honour of the highet seats to rich men only the poof being thrust known below or enforced to stand It follows in Philo One of the most â—â—â—â—full passing over the difficult places of the Holy Bible makes an exposition of them 'T is to be noted in the Synagogues of the Jews to every one exercised in Holy Writ and all were so except mechanicks as also among us it was permitted to interpret Scripture By this common liberty Christ taught in the Synagoues and after him the Apostles Memorable are the places Luke iv and Acts xiii There the book is reached forth to Christ here Paul and Barnabas though unknown are asked to speak unto the people If they have any word of exhortation If no stranger or none of the people offer'd himself then the chosen men of the Seniors who were nam'd the Fathers of the Synagogues the Majors and by an excellency the Seniors interpreted the Law And these being not well provided it was the Rulers Office Some what correspondent to this we find in the first Christian Church For they that have the gift of prophecy are permitted by the Apostle to speak unto the people at the Assembly by two or three and the rest to judge That miraculous gift ceasing it was hardly lawfull for any one except the Pastors to teach among the Christians Indeed we read of Origen and a few more not Presbyters who taught in the Church but that was seldome and not without peculiar licence of the Bishops For the Bishop of Caesarea being reprehended for permitting Origen to teach alleged three examples of the like concession adding it was credible though not apparent the same was done in other places Here now we see some difference between the Interpreters of the Law in the Synagogue and the Interpreters of the Gospell in the Church In the Synagogue they taught as many as had any word of exhortations in the Church all what were approved and had obtained the honour of a Testimoniall as Tertullian speaks that is they that were ordained The Judges of the Highest Synedry were wont to be ordained by imposition of hands but of the expounders of the Law the same doth not appeare A reason of the foresaid difference is not only because the Preaching of
performe Priestly actions others interdicted the same But to bid and forbid are acts of Authority which he that hath not wholly hath not truly the name of the Highest Power That which is spoken to the Hebrews is not opposite hereto No man taketh this honour to himselfe but he that is called by God as Aaron For the divine writer in that place treateth of the legall Priest not of him that was or might have been before or out of the Law of Moses and he shewes whatsoever was excellent in the legall Priest was much more eminently in Christ in whom also there were many things illustrious which in the legall Priest were wanting But the Custome of joyning the Empire with the Priesthood used through all the world about two thousand five hundred years in many places longer the Luxury of Kings their sloth or businesse of war in other Nations and among the people of God the Positive divine Law did at last abrogate that Law I mean which gave the Priesthood not to any of the people but only to the house of Aaron After this what was before a praise became a trespasse Why God separated the kingdome of Israel from the Priesthood 't were hard to find out unlesse the divine writer to the Hebrews had open'd us the way 'T is apparent the Hebrew Nation was very prone to superstition and often fell away to Idols To restrain them from this when God had imposed on them a great burthen of laborious Ceremonies they began to place all their hope in them from which most unreasonable perswasion the holy men very often call them off and shew that Mercy and integrity of heart is far more acceptable in the sight of God than all their Sacrifices Had the King himselfe offered their chiefe Sacrifices as of old the custome was how much more would their minds have been taken up with so great a Majesty But now when the Priesthood was though still with Pompe enough yet disrob'd as they saw of the Royall Splendor and brought down below the King hereby they were put in mind to hope for some great Priest who should also be a King as Melchizedec was and to put their trust in him What admirers the Jewes were of their Priests even in this appears that after their return from the Captivity they forth-with added to the Priesthood the Principality which quickly advanced to a Kingdome and so to a Tyranny Moreover it is worth our observation that after the Institution of the Priesthood some reliques of the antient Custome still remained For to the Fathers of families was left the killing of the Passeover wherein as the Jewes rightly note they performed somewhat of the Priests office Circumcision also was administred without a Priest as all the Hebrews consent by any one that had skill to do it And this is not to be omitted that Prophecy which seems to have a naturall coherence with the Priesthood was as well given to Kings as Priests Yea to private men more often than to the Priests Thus did God many wayes bring the people to an acknowledgement of the weaknesse of the Leviticall order Thus did the Law as it were by the hand lead them unto Christ who was to be the highest Prophet the highest Priest and the highest King who also should make all believers in him partakers of that threefold honour Concerning the Prophecy we have that of Esay cited by St. John They shall be all taught of God and another notable place of Jeremy cited in the Epistle to the Hebrews Concerning the Kingdome and Priesthood Peter speaks of both at once where he calls the faithfull a royall Priesthood And John in the Revelation He hath made us Kings and Priests unto God Yet neither the excellency of Christ himselfe in his propheticall office nor the generall Communication of the gift of prophecy to the faithfull hinder but that some in the New Testament may be called Prophets by a singular right So also the Kingdome of Christ which partly consists in his divine care of his Church against her enemies partly in a spirituall government of the hearts of men hath not taken away either the right or the name of Kings whose Empire is externall and subject both to the divine providence and the spirituall actions of Christ according to that of Sedulius He doth not earthly Kings dethrone Who gives to His an heavenly Crown The name of Priests is also given to the preachers of the New Testament in a speciall manner but there was some reason why Christ and his Apostles did alwaies abstain from that kind of speech which ought to admonish us that we do not commonly and promiscuously argue from the Leviticall order to the Evangelicall feeing there is a wide difference both in the office and the designing of the persons to it It is enquired therefore under the Christian Law whether the Highest Authority and the Pastoral office which may be also call'd the Priesthood as was noted before can rightly be united in the same person Many arguments are brought to prove they cannot but all are not of the same strength for some doe more rightly prove the offices to be divers as they alwayes have been and that Pastors as Pastors have no Empire rather than the conjunction of the offices to be interdicted That is of more efficacy that the Apostle for bids the souldier of Christ he seems to speak of the Pastorall warfare to be intangled with worldly businesse which the most ancient Canors intitled Apostolicall extend even to inferiour civill offices And lest any think this only constituted for the times they lived under heathen Emperours the same is repeated in the Synod of Carthage under Honoâ—iâ—s and Theodosius Christian Emperours and in that of Chalcedon too The reason was because the Pastorall office is of such weight and difficulty that it requires the whole man Although this must not be taken so rigidly as alwayes to exclude Pastors from undertaking any secular charge the Lawes for example except Tuitions yet in sufficeth to remove from the Pastor my charge that is difficult and perpetuall as we see the Apostles exempted themselves for the same reason from the care of the Widowes maintenance an office otherwise not improper for them But the charge of a Kingdome is both perpetuall and more weighty than any other The strongest argument is That the royall office requires far other manners and behaviour than the Pastorall as it is described in the Gospell So that even thence it sufficiently appeareth both cannot with any convenience and comlinesse be sustained by one nor without inconstant levity in passing from the exercise of one to the other We have shewed that the Empire is distinct from the sacred Function and that there are causes why Both together ought not to be undertaken by the same person Neverthelesse because both the Empire and the Pastorall office by Pastors I understand the Ministers
collated by Kings Onuphrius is witnesse for the Emperours An Epistle of Pope Pelagius Bishop of Rome is extant which signifies that the Sacred Letters of the most gratious Emperour were come unto his hands requiring certain men to be made Presbyter Deacon and Subdeacon at Centumcells The publick Records of our own Country doe abundantly witnesse the Princes of Holland Zeland and West risia even from the beginning of their Principality have conferred at their pleasure upon fiâ—men the Pastorall Gure of every City and Village except in what places it could be proved that the same right was granted away to others and that Gustome was kept untill the times of the last War These examples although they be not antient are yet sufficient to refell those who have adventured publickly to affirm Pastors untill the very last times of the War were chosen by the People Here might be added were it needfull very many Records of Investitures whereby the Princes bestow upon Noble men their Vassals among other rights also the Collation of Churches And I for my part cannot understand how it comes to passe that the same right doth not still endure to this day whether it be expedient or where and how farre it is expedient is another question The States in my opinion by their pains taken in the Reformation have not deserved to be in worse condition then before they were In the Palatinate the Pastorall Cures are conferred by the Decree of a Senate which by the coÌ„mand and in the name of the Elector hath government of the Churches In the Dominion of Basil the Churches without the City have no power at all in choosing their Pastor whom the Magistrate of the City sends to feed them him they receive with reverence although they never heard him teach In the beginning of the Reformation they were content with this Call alone It is the Saying of Musculus A Christian Pastor ought not to be sollicitous about his Call nor to doubt that it is Christian and lawfull where he is called to preach the Gospell by the pious Magistrate or Prince Wherefore the Doctrine of the Reformed Churches doth not deprive the Powers of this Divine Right Neither have the States themselves ever been of another judgement for when in the year 1586 without the assent of the States a Synod was held the Earle of Lester Governour of these parts to move the States to allow of the Synod declared Nov. 16. That such allowance should be a detriment to no man in respect of that right he challenged in the Institution of Pastors And in the same year Decemb. 9. the Acts of that Synod were admitted by the States with some exceptions whereof this is one That the States Noblemen and City Magistrates and others should retain the right and Custome of Instituting and destituting Pastors and School-masters Let us now give answer to the rest of the Objections used to be brought against the Highest Powers in this regard Some say that certain Kings and Princes have abused the Elections either through a sordid love of gain or through too much favour It is too true but to the determination of the question 't is impertinent for the abuse of right depriveth no man of his right unlesse perhaps a subject by the sentence of his Superiour much lesse is a possible abuse sufficient to the losse of right Then no man shall bee certain of any right whatsoever But to speak the truth there is a greater number of laudable Elections which Kings have made And on the contrary by popular Elections the matter often was brought unto Seditions and slaughters to Sword and fire nor is the Clergy alwayes free from favour and faction no not at this day So that if for fear of incommodities Elections may be overthrown no kind thereof will be able to subsist When Genebrard an enemy to the Regall right had said the Bishops of Rome chosen by the Emperours were monsters of men the contrary was shewed by our side that they were good men at least in some mediocrity but from the Election of the Clergy and People came forth Monstces inâ—eeâ— Moreover the Greatness of the Highest Powers yields not to corruption so easily as private men nor is so obnoxious to unjust desires and importunity of Suters Lastly Ordination which remains with the Pastors and the right of contradicting which is left unto the people shuts up the way if not to all which exceeds Humane Power yet to the worst abuses The Canons are objected too and some Sayings of the Fathers That old Canon which is the 30. in their number entitled Apostolicall speaks of Magistrates not of Emperours and as the Canon next before is oppos'd to nundinations so this to violent intrusions The Canon pertains to them that being not lawfully examin'd and ordain'd invade the Church by force by the Magistrates help and favour So the Parisian Synod disapproves not Election but Ordination by the King nor all the Kings Authority but that which is against the will of the Metropolitan and Comprovinciall Bishops to whom the ordination did belong For King Charibert himself under whom this Synod was holden elects Pascentius to the Bishoprick of Poitiers whom the Comprovincials receiv'd as rightly chosen And if the Canon bear another sense yet is it nothing to the purpose For if it was made by the Kings consent it might be rescinded erther by himself or by other Kings also especially with the sentence of their Peers because no positive Lawes are immutable but if without the Kings consent then neither had that Canon the force of a Law nor could the Regall right be impair'd thereby This is certain since the Kings began to Elect Bishops many Synods have been held in France and not any one of them hath reprehended the Kings in that respect but many have admonished the King to use that study and care in choosing Pastors which was meet Whence it is evident the Gallican Bishops never found any thing in that Election contrary to the Lawes Divine 'T is very improper for our men to produce the Authority of the Nicene second Synod whereby the worshipping of Images was introduced And yet the meaning of the Canons alleged thence is no other then of those we have already answer'd That sharp speech of Athanasius against Constantius is alleged also Who having received most grievous injuries if he had uttered any thing not so generally true as accommodated to those times what marvell is it seeing other Fathers too have let fall many words which will not bear a rigid Examination Yet doth not Athanasius how hot soever in this cause pretend any right Divine but enquires Where is that Canon that a Bishop should be sent out of the Palace He shews what Constantius had done was not Canonicall and rightly for another way of Electing was then in use and that confirmed by the Authority of the Nicene Synod and by the Precepts of Constantine Now although for