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A44196 The judgment of the late Lord Chief Justice Sir Matthew Hale, of the nature of true religion, the causes of its corruption, and the churches calamity by mens additions and violences with the desired cure : in three discourses / written by himself at several times ... ; humbly dedicated to the honourable judges and learned lawyers ... by the faithful publisher, Richard Baxter ; to which is annexed the judgment of Sir Francis Bacon ... and somewhat of Dr. Isaack Barrows on the same subject. Hale, Matthew, Sir, 1609-1676.; Bacon, Francis, 1561-1626.; Barrow, Isaac, 1630-1677.; Baxter, Richard, 1615-1691. 1684 (1684) Wing H247; ESTC R11139 41,043 77

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them are Holy and Good so yet if Saint John were to indite an Epistle to the Church of England as he did to them of Asia it would sure have the Clause Habeo adversus te pauca And he saith pag. 183. That there should be one Form of Discipline in all Churches and that imposed by necessity of a commandment and prescript out of the word of God It is a matter Volumes have been compiled of and therefore cannot receive a brief redargution I for my part do confess that in revolving the Scriptures I could never find any such thing but that God had left the like liberty to the Church Government to be varied according to the Time and Place and Accidents which nevertheless his high and Divine Providence doth Order and dispose For all Civil Governments are restrained from God unto the General Grounds of Justice and Manners But the Policies and Forms of them are left free So that Monarchies and Kingdoms Senates and Seigniories Popular States and Communalties are lawful and where they are planted ought to be maintained inviolate So likewise in Church matters the Substance of Doctrine is immutable And so are the General Rules of Government But for Rites and Ceremonies and for the particular Hierarchies Policies and Discipline of Churches they be left at large And therefore it is good that we return to the ancient bounds of Unity in the Church of God which was One Faith One Baptism and not One Hierarchy One Discipline And that we observe the League of Christians as it is penned by our Saviour which is in substance of Doctrine this He that is not withus is against us But in things Indifferent and of Circumstance this He that is not against us is with us In these things so as the General rule be observed That Christs flock be fed That there be a succession in Bishops and Ministers which are the Prophets of the New Testament That there be a due and reverent use of the Power of the Keyes That those that preach the Gospel live of the Gospel That all things tend to Edification That all things be done in order and with decency and the like The rest is left to Holy Wisdom and spiritual discretion of the Master-Builder and Inferior Builders in Christs Church As it is excellently alluded by that Father that noted that Christs Garment was without Seam and yet the Churches Garment was of divers Colours And setsdown as a rule In veste varietas sit scissura non sit Pag. 134. For the Government of Bishops I for my part not prejudging the Presidents of other reformed Churches do hold it warranted by the Word of God and by the Practice of the ancient Church in the better times and much more Convenient for Kingdoms than Parity of Ministers and Government by Synods But there be two Circumstances in the Administration of Bishops wherein I confess I could never be satisfyed The One The sole exercise of their Authority The other The Deputation of their Authority For the first The Bishop giveth Orders-alone Excommunicateth alone Judgeth alone This seemeth to be a thing almost without Example in good Government and therefore not unlikely to have crept in in the degenerate and corrupt time We see the greatest Kings and Monarchs have their Councils There is no Temporal Court in England of the higher sort where the Authority doth rest in one person The Kings-Bench the Common-pleas and the Exchequer are Benches of a certain Number of Judges The Chancellor of England hath the Assistance of twelve Masters of the Chancery c. The like is to be found in all well-govern'd Commonwealths abroad where the Jurisdiction is more dispersed As in the Court of Parliament of France and in other places No man will deny but the Acts that passe the Bishops Jurisdiction are of as great importance as those that pass the Civil Courts For mens Souls are more precious than their Bodies or Goods And so are their Good-names Bishops have their infirmities and have no exception from that general Malediction pronounced against all Men living Voe Soli nam si occident c. Nay we see that the first Warrant in Spiritual Causes is directed to a Number Dic Ecclesioe which is not so in Temporal Matters Ab initio non fuit sic For the second Point which is the Deputation of their Authority I see no perfect nor sure ground for that neither Being somewhat different from the Examples and Rules of Government The Bishop exerciseth his Jurisdiction by his Chancellour and Commissary Official c. We see in all Laws in the world Offices of Confidence and Skill cannot be put over and exercised by Deputy except it be specially contained in the Original Grant And in that Case it is dutiful And for experience there was never any Chancellour of England made a Deputy There was never any Judge in any Court made a Deputy The Bishop is a Judge and of a high nature whence cometh it that he should depute Considering that all Trust and Confidence is personal and inherent and cannot nor ought not be transposed Surely in this again Ab initio non fuit fic But it is probable that Bishops when they gave themselves too much to the glory of the world and became Grandees in Kingdoms and great Counsellours to Princes then did they delegate their proper Jurisdictions as things of too inferior Nature for their Greatness And then after the similitude of Kings and Count Palatines they would have their Chancellours and Judges But the Example of Kings and Potentates giveth no good defence For the Reason why Kings administer by their Judges tho' themselves are supream Judges are two The One because the Offices of Kings are for the most part of Inheritance And it is a Rule in all Laws that offices of inheritance are rather matters that ground in Interest than in Confidence for as much as they may fall upon Women upon Infants upon Lunaticks and Idiots Persons uncapable to execute Judicature in person And therefore such Offices by all Laws might ever be exercised and administred by delegation The second reason is because of the Amplitude of their Jurisdictions c. There is a third reason tho' not much to the present purpose that Kings either in respect of the Common-wealth or of the Greatness of their own Patrimonies are usually Parties in Suites And then their Judges stand indifferent between them and their Subjects But in the Case of Bishops none of these Reasons hold For first their Office elective and for life and not patrimonial or hereditary An Office meerly of Confidence Science and Qualification c. See the rest Page 185 186. The Cap and Surplice since they be things in their Nature indifferent and yet by some held Superstitious and that the Question is between Science and Conscience it seemeth to fall within the compass of the Apostles Rule which is that the stronger do descend and yield to the weaker c. lege