with it He said that in Scotland he was a King without State and that he was kept as a Ward by the Puritans there That he was without Honour without Order and brav'd to his face by every beardless Boy of the Ministers That if the same Presbitery that was in Scotland should come into England it would agree as well with Monarchy as God with the Devil And then Jack and Tom and Will and Dick said he meaning the Lay Elders of the Consistories p. 79. even in very pittiful Country Parish shall meet and at their pleasures censure me and my Councel and all our proceedings Then Will shall stand up and say it shall be thus Then Dick shall reply and say No marry But we will have it thus And therefore here said he I must once again reiterate my former Speech Le Roy S'avisevá Stay I pray you for one seven years before you demand that of me It is not for no cause then that the bringing in of this Government hath been so much opposed by the late Kings of England See the first second Admonitions and a Directory of Church Government found in the study of Mr. Cartwright And the reformation of Discipline c used in the Engl. Church at Geneva who are bound both to God and their People and as their Established Government is both their Right and their Charge not to part with those Rights with which God hath invested them for the common welfare and especially since the Government endeavoured would turn their Scepter into a straw and the hand that wields it into the hand of a child Let the form of the Government as it hath been published under several hands be consulted Let its parity of Ministers it s deferring particular affairs of Congregations to the wild body of the People in them but the Ministers having a superintendency over them in the mean time be considered of and whither these and the like things do tend The common saying is to the setting up of a Pope in every Parish And the Government order of the Church of Scotland And Ley's Platform of the Government called Presbyterial And the form of Church government agreed upon by the Lords and Commons An. 1648 compared with certain considerations and cautions agreed upon by the Ministers of Lond. and Westminst See the discipline of the Dutch Churches and the Laws and Statutes c. See Pro. Dr. Whitgift's Answer to the Admonition to the Parliament Con Cartwright's reply made to him Pro. Dr. Whitgifts Defence of his Answer Con. Mr. Cartwrite's second reply to it Pro. The Bp. of Rochester's Sermon concerning the Antiquity superiority of Bps. at Hampton Court and the perpetual Government of the Church by Tho. Bilson and Bp. Halls Episcopacy by Divine Right And Episcopacy asserted by Jer. Taylor c. Con. Bayne's Diocesan's Tryal and assertion of the Government of the Church of Scotland Edit 1641. And the Lord Brook against Episcopacy 42. And Rutherfords Plea for Pauls Presbytery 42. c. C. De Legib. constitutionibus L. qui Imperatore D. De recept Arbitris L. non distinguimus ¶ Sacerdotio obveniente ubi Paulus And then by that opportunity will be given the weaknesses of some men and the corruptions of others being considered to those who by wit and cunning can outstrip the rest to divide the Empire amongst them And whither such Latitudes and Confusions may tend in the end who can foresee The Magistrates hands being manacl'd and the Ecclesiastical person being so independent upon him they that can out-strip the rest may turn into a Conclave and he that can out-strip them into an Universal Pope at last if he will If the instances of Presbitery practised in other Countries be made against these things and how they have consisted with the State it is evident that there are none such practised neither in the Low Countries nor at Geneva nor elsewhere as in the particulars up and down in this Discourse mentioned have been proposed for England And yet not any one of the patterns for England hath attained the general liking of its friends neither And then what will be the end of these things who can foresee Last of all as to the present established Episcopacy in England the controversie concerning it as well as that concerning the Ceremonies hath been also largely handled The many writings both Pro Con concerning it may be seen And so far forth as the order and office of Episcopacy in the general is concern'd in this Discourse and an Ecclesiastical Uniformity as we have spoken of it heretofore so also we shall speak of it hereafter And if the concession of Baronies to the persons of those that discharge the Episcopal function in England be thought much of what reason is there why the King should not have his Church-men and the Clergy their part in Parliament And this also the particular constitution of the Government of England being considered The Emperour Leo in the Civil Law calls the Superiour Clergy-men Ecclesiae Defensores The Defenders of the Church And all Laws and Countries have ordinarily ever priviledged Church-men beyond others if it were but for Gods sake to whose Service they are more particularly devoted and for the Honour of Religions sake which ought alwayes to be supported Sacerdotio obveniente sayes Paulus in his Digests Videamus an cogatur arbiter sententiam dicere Id enim non tantum honori personarum sed Majestati Dei indulgetur cujus sacris vacare Sacerdotes oportet The Priesthood coming in the way let us see whether the Vmpire be constrained to pronounce Sentence For that is not only indulg'd to the Honour of their persons but also to the Majesty of God whose service it behoves the Priests to be at leasure for And it was Padre Paulo's complaint concerning the Affairs of Venice That the Common Wealth See the History of the Inquisition Cap. 28. See Hist of the Counc of Trent Fol. 721. as well as other Catholick Kingdoms found it self between two Contraries the Protestants who had no other aim but to diminish Ecclesiastical Authority and the Court of Rome which would too much encrease it and make the Temporal her Servant In the last place as to those in any Society whatsoever that cry out in these latter times to have every punctilio in the mode of the exercise of Church Government reduc'd to what they do at uncertainties fancy to have been heretofore Apostolical they are to be answered as Laynez in the Tridentine Councel answered perhaps truly concerning some things in the Court of Rome That many did call those things abuses which if they were examined and sounded to the bottom would be found to be either necessary or profitable And that some would make the Sea of Rome to be as it was in the time of the Apostles and the Primitive Church without distinguishing the times not knowing what doth belong to those and what to these
as few other sorts of Services as may be Ibid. It ought to be conformed to the Canon of Doctrines in any Church Ibid. The Heathen Jewish and Apostolical Liturgies contested 196 the present Liturgies that are abroad in the world 197 198 199 Whether Liturgy doth not transgress the Rules of Scripture 204 the exceptions made against the Liturgies in the Church of England and the Salvoes to them referred to 246 A Liturgical or non-liturgical service which may be used with more attention or affection 205 206 Lycurgus his answer concerning his appointing small things to be offered to the Gods 85 his cunning 115 M Machiavel his assignation of the cause of the Imperial Power its failing in Italy 88 Magistrate the danger of his being invaded in his person 120 The Civil Magistrate is the Supream in every Society 135 viz. Not a Feudatory but the Soveraign Prince Ibid. and how that Supremacy is committed to him by God 136 and his indirect Power in spirituals which is a branch of it Ibid. Mahomet his Arts and Fictions in establishing his prescript of Religion 15 16. his second coming the Turks gulled concerning it 24 His oaths concerning the truth of his Doctrine 23 Mahometans their Liturgy 198 These have their Bishops Priests and Deacons 300 Malice the persons ordinarily guilty of the faults of it against the charge of the Magistrate 117 the causes exciting them to the commission of them Ibid. the impetuousness and violence of those exciting causes 118 c. Means those necessarily to be used for the preservation of the welfare of the Magistrates Publick charge 78 Means of Grace ought to be conceded in any Christian Church 107 and so those of knowledge Ibid. and what both sorts of them are 107 108 Men the supposition of their springing from the earth 35 36 The first state of them in the world 31 32 Mental reservation the doctrine of it condemned 279 Ministry of holy things the right of Ecclesiasticks 132 Minos King of Crete his trick for the establishment of his Laws 115 Miracles one of the primary Divine Testimonials to Religion 18 their attestation to Moses his Law 19 their pretended testimony to the Heathens Religion 21 and to Mahomets 22 23 and how the Christian Religion excelled in them 25 the difference betwixt them and ordinary effects 29. Not to be believed against Moses his established constitutions in Israel 176 Monarchy the most Ancient Government of the world 34 35 Monuments of Humane Affairs the most and most received from the Greek and Roman States In Proleg post med Moses his Books the most ancient System of Laws now extant In Prolegom Ib. His two Tables the intent of God in them in Israel 196 His Laws and Ordinances for the interpretation of them the Hebrew Rabbies are ordinarily produced In Prolegom circa med The testimonials from God to his Law 18 19 20 Moses Maimonides the Jews saying concerning him In Prolegom Ibid. Chief Mufti amongst the Turks sits in the Divano 130 his State and Authority 306 Muncer his laughing at the common people 113 Mustapha his trick for the leading a sedition 115 Mycipsa his Admonition to his Sons to be at Peace and Vnity 97 N Nasica his Councel concerning the not Racing of Carthage 294 National Church the more special notion of it and it distinguished 210 211 Its being supposed to an Ecclesiastical Vniformity 211 Nature the description of the Law of it 16 that Law two-fold 42 It is the guide of Humane Actions In Prolegom prope med Natural causes their ordinary operation in the world 29 Nestorians their Liturgy 198 Nicene Creed the intent of the injunction of it 172 177 Noah his distribution of the world amongst his Sons 53 his exercising himself in the Priestly Office 124 Third Notions those in which Vnity of Assent in an Ecclesiastical Vniformity is to terminate 226 The Magistrates intent in mens inward Notions in relation to outward profession 271 272 c. Numa his exercise of himself in the Priestly Office 140 O Obedience to be performed by private persons to Princes in their establishments of their Ecclesiastical Vniformities 183 An Opinion in matters of Religion what it is explicated 150 Opinions the open contesting of them the cause of Atheisme and Prophaneness in Societies 88 The variety of them a cause of popular Religious contests 91 the readiness of men to entertain them in matters of Religion 152 the numerous increase of them in men 152 153 the posture in which they come forth to the venting and defending of them 153 154 Orators both Greek and Roman the singular use that that is to be made of their writings In Proleg in fin Orders of Ecclesiasticks the necessity of the diversity of them in every Ecclesiastical Vniformity 131 the Old Testament Orders of Ecclesiasticks 131 132 and also the like in the New Testament 132 the perpetual Orders of them in it Ibid. Ordinances the Publick Ordinances in any Church ought to be celebrated in the vulgar tongue 108 109 Whether the same specifical Ordinances only be not sufficient for the attaining the end of an Ecclesiastical Vniformity 203 In what manner the Sacred Ordinances of God are to be made use of in the publick 218 219 Ordination of Ecclesiasticks to their Offices the Right of Ecelesiasticks 133 P Padre Paulo his saying concerning Government and the Powers belonging to it 137 138 his complaint concerning the estate of the affairs of Venice 241 242 Pandects of Justinian their revival from Amalphi and Florence 31 whence collected In Proleg post med Parents their power of life and death heretofore over their children whence 35 Passions their mixture with zeal a cause of popular Religious Contests 92 A distinction of such their mixture Ibid. Peace the benefits of it to Societies 94 95 96 c. And to the publick charge of the Magistrate Ibid. to Religion 95 to Government 96 and to the consistency of Religion with Government 97 and how much it is commanded in Scripture 97 98 Philosophical Prudences what they are In Proleg prope fin Phylacteries the intent of their being worn in Israel 170 Pisistratus his trick for the recovery of his Tyranny at Athens 114 Plato his charge concerning the instruction of the Citizens of his Common-weal in certain doctrines of Religion 87 his two grand sorts of Atheists 88 his saying concerning preparations of War and Peace in a City In Prolegom in princip the excellency of his works In Prolegom prope fin his pattern of an Ecclesiastical Vniformity 176 his saying concerning the Government of humane affairs 301 Pluralities the case concerning them 266 267 Poets look'd upon of old as divinely inspired 14 Greek and Roman the singular use of their writings In Prolegom in fin Poland the Kings Councel in it its consisting partly of Ecclesiasticks 130 Politicks its dignity amongst the Philosophical prudences In Proleg prope fin Pontifies the Colledge of them and their authority amongst the Romans 305 Pope his possessing the
DE JVRE VNIFORMITATIS ECCLESIASTICAE OR Three Books OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES IN WHICH The chief things of the Lawes of Nature and Nations and of the Divine Law concerning the Consistency of the Ecclesiastical Estate with the Civil are unfolded ET EXCUTIT ICTIBUS IGNEM By HUGH DAVIS LL. B. Late Fellow of New-Colledge in Oxford and now Chaplain to the Lord Duke of BUCKINGHAM LONDON Printed by S. Simmons and to be sold by T. Helder at the Angel in Little Brittain and S. Lowndes over against Exeter house in the Strand 1669. To the HIGH and MIGHTY PRINCE CHARLES the II. By the Grace of God KING of Great Brittain France and Ireland Defender of the Faith c. EXCELLENT SOVERAIGN WHile your Great Affairs are prosperously managing both abroad and at home behold here I present this Book as one meanes in its kind toward the settlement of the Peace of your Kingdomes The Rights of an Ecclesiastical Vniformity have been many times debated in the World with Fire and Sword And Your Kingdomes have been of late through the debates concerning them the dire Field of Blood Which Rights because it is of so great moment both to all Divine and Humane Affairs that they should be duely stated and because they have never yet been stated by any I have therefore here adventur'd the stating of them and that according to the evident dictates of the Lawes of Nature and Nations and of the Divine Lawes concerning them and as they make to the preserving and promoting the Publick and standing welfare both of Religion and Government and the Consistency of Religion with Government the Principal and Fundamental matters of all Humane Societies And I have made a search into the frame and fabrick of all Humane Affaires and have unravel'd the transactions of the former and present Ages of the Churches both of the Jewes and Gentiles Christians and Mahometans for the doing of it And I here Dedicate it particularly to the Peace of Your Majesties Kingdomes at least so far forth as a Book may be a means for the procuring the Publick Peace and where it may meet with men either of Reason or Conscience and not of furious Ignorance or temporal Interests Behold Great Prince I Present it at your feet most Humbly craving leave that I may light this Candle at the Sun and draw a Lustre upon this Discourse from Your Majesties Soveraign Patronage Herodotus relates it of Midas In Clio paulo post princip That of all things he chose to offer at Delphos his Regal Chair in which he was wont to sit and give Laws to his Kingdom It is because this Book concerns these great matters of Law and Publick Right that I presume to offer it thus in Duty to Your Majesty What the Church Historian tells the Excellent Emperour Theodosius Sozomen In Praefat. ad Imperatorem Theodosium That it was said of him that he spent the day and night in Councels and Causes in looking after his Religious and Civil and Military Affairs The like is said of Your Majesty that You are at all times ready at Your Councels and Deliberations That You go abroad to Visit Your Garrisons and Navies and that You spend your time in looking after the setling the Church and State the Charge committed to you by God May Religion and your Majesties Government long flourish together in your Dominions that the Divine Blessing may accompany you and there may never be wanting one to Sit upon the Throne of your Fathers so long as the Sun and Moon shall endure YOVR SACRED MAJESTIES Most Humble and most Obedient Subject Hugh Davis TO THE High Court OF PARLIAMENT AND To the rest of the Subjects of the KING of GREAT BRITTAINS Dominions THE Subject-matters of this Book Most Noble and Generous Patriots contain the summe and substance of Humane Affairs and which concerne the Peace and Tranquillity of the Dominions of Princes And they are those also which are now upon the Wheele and more particularly and principally in agitation amongst us like Balls of Fire thrown to and fro in the mid'st of us You have more then once Determin'd concerning them And Your determinations claime this Direction and Submission of them to you And the more peculiar respects which they bear to the occasions of his Majesties Subjects the like Direction of them also to them I have endeavour'd the impartial stating of them according to the dictates of the three sorts of Laws currant amongst men And where our Affairs Domestick have more particularly occurr'd have avoided what I could the intermixing with the Heats and Passions of the Times I do not presume in the least in these things Honourable and Renowned SENATOURS to interpose in your Great and Publick Councels those Soveraigne Balmes of ENGLAND Nor to undertake to instruct many of the able and sufficient minds of others those more Ethereal and Celestial Beings amongst men But only if it may be for Information if for Satisfaction where there is Occasion for the giving of it I have adventur'd the Representing of those great matters which do so highly concerne the Establishment and Preservation of the Peace of Your Country and of all Humane Societies THE PROLEGOMENA TO THE Three Books ENSUING DIverse have written of the diverse sorts of Laws amongst men Of the Laws of Nature and Nations and of the Divine Laws And that both more generally and particularly Diverse also have applyed those Laws diversly And that both in respect to the Civil and Ecclesiastical part of Humane Affairs But none yet hath applyed them to the Rights of an Ecclesiastical Vniformity viz. those of the Prince the Priest and the People belonging to it Nor digested those Rights into any due connexion and order viz. as they make to the preserving and promoting the publick welfare both of Religion and Government and the Consistency of Religion with Government And yet scarce any thing next to the Divine Law it self is of greater moment to Humane Societies Right is the Publick Cement of all Humane Affairs and that which all men contend about and expect even from God himself And Religion and Government and their mutual consistency are the things primarily fundamental to the very being and welfare of all Humane Societies besides what respects they have to another world Wherefore Plato calls In Gorgiā prope fin all preparations both of War and Peace which are made in a City Toys if Justice and Temperance be not preserved in it In Hercule furent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paulò post princip And Amphitryo in Euripides cryes out to Jupiter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But dost thou not know how to save thy Friends Either thou art an unskilful God or else thou art not just And Cicero in his Books of Laws Nihil tam aptum est ad jus conditionemque naturae quam Imperium sine quo nec Domus ulla nec Civitas nec Gens
Society XVIII Last of all then we conclude all with this The Universal consent of nations about it also at this day viz that Religion is appointed by God That our Proposition here thus first asserted Viz That Religion is necessarily appointed by God and none else is the sense of all Nations present in the world as well as that it hath been so of those heretofore And if it be not such a common confession and supposition amongst them then what mean the mutual objections of Errour Superstition will-worship c. to be so vulgar in matters of Religion every where amongst men What mean also the so much adored names of Truth Divine authority the Will of God and the like to be the Helenaes that men contend for Truly these things will sufficiently evince the derivation of Religion only from divine authority to be still held as a common principle amongst men CHAP. III. The second Proposition asserted viz. That Government also is appointed by God The Question concerning the derivation of it from the People and the consequent doctrine of Rising in Armes in case of Male Administration and particularly in defence of Religion and the matters of an Ecclesiastical Vniformity stated and of the tendency of those Doctrines to the hurt of Religion and Humane Society I. THe causes of the want of Records in the world assigned II. The first state of men and the several ways of their coming together into Societies III. Whence the necessity of Laws and Government IV. The wayes by which men have arriv'd at Government V. The first and capital distinction of Government amongst men VI. The distinctions also of consent given to Government VII That the present lawfull Government is from God proved in the general and concerning the Church Government in particular VIII The two Constitutive causes assigned from whence the Civil Power is said to be deriv'd in the controversie concerning it IX The state of the Question concerning the derivation of the Civil Power from the People X. The grand principle of Natural freedom refuted XI The other propositions concerning the power of Magistracy fundamentally in the People and in the state of the Question considered XII The state of the Question on the Peoples part considered also from its effects XIII Last of all the prineiple of Rising in Armes particularly in defence of Religion and the matters of an Ecclesiastical Uniformity refuted XIV The proof of the Affirmative part of the Question that the Magistrates Power is from God And that XV. First from Scripture XVI Secondly from the voice of Nature and Nations XVII The tendency of the negative part of the Question to the good of Religion and Humane Society disputed XVIII That it doth not tend to the good of it proved First from Gods having stated it otherwise in Scripture XIX From the consent of the Civil Laws of Countries XX. From a comparison of things on both parts XXI From another Comparison XXII From another more particular comparison XXIII The General Conclusion I. ALL Effects under the Sun proceed ordinarily from Natural Causes And that is evident from hence The causes of the want of Records in the world because Miracles are but seldome and the difference betwixt Miracles and ordinary Effects is That the one proceeds from a Natural Cause as such and the other from a Supernatural in like manner The natural and ordinary causes of the defects of Records and Histories of former ages amongst men have been many and they either more general or more particular The greater and more general Plato assigns to have been necessarily either from Conflagrations by Fire or Inundations by Water In Timaeo cired princip 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 says he 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. There have been and will be many and diverse destructions of men and there is a necessity that the greatest should happen by Fire and Water Which is therefore true because there are none other things in the world which can possibly and ordinarily be the causes of such destructions but the Elements and of them there are none other from which such a general Destruction both of the persons and writings of men can proceed but these two of Fire and Water and both these both Conflagrations and Inundations proceed either from natural causes as such purely or from Gods special appointment co-operating with them As to Gods special appointment such was the General Inundation in the time of Noah mentioned in the History of Moses De legib Dial. 3. in princip and pointed at by Plato and the fame of which was amongst the ancients and hath been found of later dayes remaining in many Countries Such also will be the general Conflagration at the last day Epist of Jude vers 14 15. prophesied of of old by Enoch and so often mentioned in the New Testament as also in the writings of the Sybils and Lucan the Poet and other Heathens And as to the proceeding of such more general desolations from purely natural causes In Timaeo ibid. Plato says that it comes to pass once after some long period and return of years That the Heavens and their Rotations come to such a position in respect to one another as that it is necessary for some vast and more general Conflagration to follow from it And the like may be said of Inundation And from hence the Fable of Phaeton's burning the world by the fall of the Charriot of the Sun and the like And there is no doubt but that considering the vastness of the Heavenly bodies in respect to the Earth either such Conflagrations or Inundations may follow from them The more particular causes of the like Destructions of Records In Timaeo ib. de legib ib. and Desolations of humane affairs Plato sayes also have been many 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That such have hapned by a thousand other causes And they have been also of the same sorts as the former Gen. 19.4 Such as the Conflagration of Sodom proceeding from the special appointment of God concerning which some of the Greeks and Romans have said That it sprang from the sulphury vapours of the Earth drawn up by the Sun of which kind of matter the parts of that Country were full Which things may consist well enough although the denial of Gods special appointment as co-operating with those causes in Nature is rightly taxed by Interpreters Vid. Musculum in loc alios Such have been also the divers Wars and Earthquakes c. says Plato And Machiavil learned in all humane affairs except in the neglect of a Deity assigns Disputationum Lib. 2. Cap. 5. for the like causes the change of Religions and Languages the several Famines and Pestilences and especially Floods Apud Orosium Cedrenum c. that have been in the World and that these things are true also the many instances that may be given concerning them will evince Such were Ogyges and Deucalion's Floods mentioned in
away from the Kings of the Canaanites c. So Psal 82.6 I have said ye are Gods So Prov. 8.15 16. By me Kings Reign and Princes Decree Justice By me Princes Rule and Nobles even all the Judges of the Earth And Dan. 2.21 He removeth Kings and setteth up Kings What can be more expresly said So also in particular concerning particular persons So concerning Pharaoh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Constitui te a wicked King Exod. 9.16 And in very deed for this cause have I raised thee up So concerning Saul 1 Sam. 15.11 It repenteth me that I have set up Saul to be King And concerning David 2 Sam. 12.7 Thus saith the Lord God of Israel I annointed thee King over Israel And concerning Jeroboam in relation to Solomon 1 Kin. 11.35 But I will take the Kingdome out of his Son's hands and will give it unto thee and vers 37. And I will take thee c. And so lastly concerning Nebuchadnezzar Dan. 2.37 Thou O King art a King of Kings for the God of Heaven hath given thee a kingdome power and strength and glory And the like many other Texts might be recited 2. From the Law of Christ and the voice of it So in the General as above mentioned Rom. 13.1 Supra Sect. 3. The Powers that be are ordained of God and vers 4. for he is the Minister of God and the like So also in particular as Christ himself concerning Pilate Joh. 19.11 Thou couldst have no power at all against me except it were given thee from above i. e. derivatively from the Supreme Magistrate And the like other Texts might be mention'd all which and their Parallel Texts speak Emphatically of the person of God as from whom immediatly and authoritatively in a special manner and not only by his general concurrence and neer Approbation as our Adversaries say the Magistrates Power is deriv'd Neither can they otherwise be interpreted without taking away their significancy and accent and putting an impropriety of speech upon them And if there were but any Scriptures comparably so pregnant on the other part of the Question as the constant Current of Scripture we see is on this I say again it would add more credit to the cause of our Antagonists But otherwise it is against all reason and rules of Interpretation whatsoever to expound what is more evident by what is more dubious and not rather what is more dubious by what is more evident XVI Let us come then to the other place of Argument Secondly from the voice of Nature and Nations and that is from the general consent of men which is a popular Argument That the Tenent proceeds from the voice of nature alike generally dictating it in them and that there is no such thing as any Charter for conferring power on Magistrates neither from the natural nor the Divine Law nor that of Nations Hic Supra §. 14. Hic supra §. 4. neither as we recited above was asserted by Covarruvias and other Canonists concerning this Question conceded to the People We might instance it in the Jewes amongst whom we have said it is constantly held That the first Parents were the first Magistrates invested with power of dominion from God and Nature Mare Claus Lib. 1. Cap. 4. And Mr. Selden writes it as an Ancient Tradition which hath obtained repute every where concerning Noah That he as the Dominus fundi after the Floud was Author of the distribution of the World into private Dominions and that also by the appointment of a voice or Oracle from God he did confirm it by his last will and Testament c. We might instance also in the writings of the Heathens some of which we have mentioned already and of others aliene from Christianity Hic supra §. 11. Et alibi But we rather come to the Christian Church and to see what hath been the temper of that And that 1. In it 's Primitive writers and 2ly In the late reformed Churches and others 1. In it 's primitive Writers And they did constantly affirme the Magistrates power to be so from God And that both in the name of themselves and also of the community of Christians their contemporaries Apologia secunda ad Antonin Pium circa princip floriat circa Ann Christi 140. So Justine Martyr in his time in his Apologie to Antoninus Pius Where he sayes that if they respect not the Christians laying themselves freely open to all the world they shall have no harm but they believe rather that every one shall receive according to his works And poynting at the Emperours 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 According to the measure sayes he of Power which they have receiv'd of God Ad Scapulam in princip floruit circa Ann. Christi 190. So Tertullian also in his time writing to Scapula the President of Carthage Christianus nullius est Hostis nedum imperatoris quem sciens à Deo suo constitutum necesse est ut ipsum diligat revereatur honoret c. That a Christian is the enemy of no man much less of the Emperour whom knowing to be constituted by his God it is of necessity that he should love him reverence and honour him And again Colimus Imperatorem ut hominem à Deo secundum et quicquid est à Deo consecutum solo Deo minorem We Honour the Emperour as a man next to God and whatsoever is succeeding from God as being only lesser then God And in his Apologetick In Apologet adversu◠gentes cap 30. sayes he of the Emperours Eum Deum esse solum in cujus solius sunt Potestate à quo sunt secundi post quem primì ante omnes super omnes Deos That it is God alone in whose only power they are and next to whom they are second in the world and after whom they are first before all and above all Gods The like sayes Origen In numeror cap. 27. Homil. 22. floruit circa Ann Christi 220. on the 27th of Numbers he puts the question to Moses Quomodo non oras Deum pro ipsis i. e. filiis tuis ut eos constituat populi duces How is it that thou dost not pray to God for them i. e. thy sons that he would make them Captaines of the People And the like Athanasius In Epistolâ Synodali ad August Constant Et floruit circa Ann. Christi 330. In Rom. 13. in princip Et floruit circa Ann. Christi 380. after him speaking of the preceeding Christians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That their faith was preserved even to his time by Christ through whom he ruled even to them And the like St. Ambrose after him on Rom. 13. Principes hos sayes he Reges dicit qui propter corrigendam vitam et prohibenda adversa creantur Dei habentes imaginem ut sub uno sint caeteri That by these Princes he means Kings who are made so on
Power from God and the propositions attending on it be held and taught And that from these following Topicks XVIII First of all from God himself his having so stated it in the Scriptures The contrary proved first from Gods having so stated it in Scripture as hath been mentioned And it cannot be doubted but that he hath intended the good of all Humane Society in it And if so then infallibly and if so also then infallibly it is so Religion and Humane Society are Gods own Ordinances and he intends nothing that he hath decreed to hurt them De Natura dâ—or Lib. 2. Et enim si concedimus intelligentes esse Deos concedimus etiam Providentes rerum quidem maximarum sayes Cicero That if we grant the Gods to be intelligent we grant them also to be provident and if so then most of all as to the greatest matters And Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odyss ξ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the blessed Gods love not Evil But honour Justice and the fitting works of Men. But if it be hurtful to Religion and Humane Society that God hath derived the power of Princes from himself only in Scripture then God must be said either to have err'd in the doing of it or else to have intended the hurt of these most excellent things But the former of these thwarts the conclusion above mentioned Supra Cap. 11 §. Vlt. concerning the immutability of Gods Decrees relating to these Grand Ordinances of his in the world XIX The second Argument is from the general consent of the Civil Laws of Countries amongst men Secondly from the Civil Lawes of Countries and their having so stated it also which all certainly argue the consent of men who made them and which all cannot be judged to be intended for any thing else but the common good And that whether they have been fram'd by the Prince himself alone or by the Representative of the people in any Society as to the matter of them and passed into Laws by the Prince afterwards If by the Prince alone and those his Laws have stood for any time his good hath been inseparable whether he hath rationally considered it or not from the good of Religion and his Society in this matter If by the Prince afterwards Enacted into Laws this Community cannot be imagined to have aimed at any thing prejudicial to their own good in it neither But the Civil Laws of Countries both former and later have all generally derived the power of Princes from God and have taught the Doctrine of the propositions on that part of the Question attending it So Romulus establish'd it by Law says the Cardinal Contarene De Rom. ven Magistratuum inter se comparatione N. 42. out of Pomponius Laetus that none should enter either upon the Chief Magistracy or other Nisi Author esset Deus So the Roman Civil Law Deo adjutore nostrum Gubernante Imperium quod nobis a Caelesti Majestate traditum est God our Helper Governing our Empire which is delivered to us from the Majesty of Heaven L. 1. De vetere Jure Enucleando c. Novell ut differentes Judices audire c. Constitut 86. in Praefatione says Justinian to Tribonianus And again Ex quo nos Deus Romanorum praeposuit Imperio omne habemus studium universa agere ad utilitatem Subjectorum commissaeque nobis a Deo Republicae c Since the time that God hath set us up over the Empire of the Romans we have taken all care to do all things to the profit of our Subjects and of the Common Weal committed to us by God And the like the other Emperours and in the Old Civil Law And the Principles following upon this are no where throughout the whole body of it permitted to be violated The like also Plato in his Books of Laws De Legib. Dial. 3. taking pattern we have reason to think from the ancient Laws of Greece He would have the Soveraign power to be conferred upon the Prince by Lot Septimum principatum ad sortem aliquam producamus eam Dei gratia felicitate quadam contingere asserentes The seventh and last preheminence let us reduce to some Lot affirming that to happen to any one by the Grace and Favour of God and by a certain peculiar felicity And this even in his elective form of Government that although the Lot was cast by men yet the Soveraign Power was derived in a special manner says he from God The like also is known to be the common stile of Princes at this day in their Proclamations Missives Edicts c. Such and such a one by the Grace of God By the Laws of England the King is Reputed next to God De Legib. consuetud Angliae Lib. 1. Cap. 8. De laudibus Leg. Angliae Cap. 3. Omnis quidem sub Rege says Bracton ipse sub nullo nisi tantum sub Deo That every one is subject to the King and he is subject to none but only to God And Fortescue nam cum dicat Apostolus quod omnis potestas a Domino Deo est Leges ab homine conditae qui ad hoc a Domino recipit potestatem etiam a Deo constituuntur Dicente Authore causarum quicquid facit secunda facit causa prima altiori nobiliori modo For since the Apostle says That all power is from the Lord God the Laws that are made by man who receiveth power from God for the making of them are indeed made by God also the Author of the causes affirming it That whatsoever the second cause doth the first doth also in a higher and more eminent manner And so others And the King is reputed to be Principium Caput finis omnium The beginning the Spring-head and the end of all things And the like to these things also might be instanced in in the other Laws of Countries especially those of Europe as their Laws and Lawyers affirm and where the Christian Profession is most generally maintain'd And where is it that any of these do derive the Soveraign Authority from the people or permit the propositions attending on it which have been mentioned And those also that shall do so must annex this one absurdity to their Act in doing of it i. e. they must deny that there is any such thing as a Soveraign Prince amongst men XX. The third Argument is to be taken from the comparison of the Evil Effects The third Argument from the comparison of the evils of the cases of extream Tyranny assigned by the Opponents and what are to be expected from the peoples part of the question its being held and taught which are ordinarily to be expected from the peoples part of this Question its being held and taught with the evils of those cases if permitted which our Opponents call cases of extream Tyranny in Princes and in which regularly as they say they concede a
to serve in a schisme That they have not thought they have done enough unless besides the grand Heresie of their Sect they have had also certain differences in lesser things cry'd up for greater by which to distinguish their parties and to keep them at a more compleat and farther distance from others So Mahomet as hath been mentioned besides what he hath done in the grand assertion of his Prophetical Office Supra Lib. 1. Cap. 2. §. 7. hath distinguish'd himself also by many other things from the followers of Christ So also the Church of Rome besides what she hath done in the derivation of the fundamental Papal Rights from St. Peter hath distinguished her self from other Christian Churches by other lesser matters and the like And the like other instances might be given The Disciples of Christ in the New Testament have enjoyn'd moderation and meekness and the like in case of difference about such things Phil. 4.5 Gal. 6.1 and forbidden doubtful disputations before the weak Rom. 14.1 But men have prosecuted them with Fire and Sword But yet here is a distinction to be made of Doctrines inconsiderable in themselves and such as are made considerable by accident in any case Such may be the lesser Doctrines in any Church when the Churches Lawful Authority and respect that is to be given to their Government depends upon the defence of them Such may be also the Doctrines contested either in Churches and more particularly by the members of them mutually or by Churches and betwixt them more publickly But in either case however they ought not to be so unlawfully contested as we have said and to the greater prejudice of the common good of humane affairs VII In the second place The second ordinary cause the second ordinary cause of such contentions amongst men is the great variety of opinions that is amongst them especially amongst the vulgar and more illiterate heedless sort of men if they come once to sit in the chair of Judgment And all that variety prosecuted by as various and contradictory sorts of Zeal also And this both variety of opinions and of prosecution of them ever hath been and ever will be when occasion is given for it And the causes of it shall be assigned hereafter In the interim while every single person almost Infra Lib. 2. Cap. 7. §. 6. alibi accompanied with such zeal opines differently from another it is no wonder if the buckler be taken up on all hands and that actual contests arise if opportunity be given for their arising and it be permitted by Authority in any Church to be so But in the mean time as to the Scripture in this matter although some things in it be hard to be understood 2 Pet. 3.16 yet it hath declared as St. Augustine says the Doctrine necessary to Faith and Manners De Doctr. Christi Lib. 2. Cap. 6. so plainly as that by comparing of Scriptures and the diligent use of a mans Reason and of the other means which God hath prescribed in this case for these things are required the natural knowledge of them may be certainly arrived at And any Church also is supposed in its setting forth of any Rule or Canon or Doctrines according to its occasions to declare the sense of Scripture in all things in it as plainly as it can But however all men are not capable of making the due use of these or the like means of information And generally they do and ever will differ in their opinions both concerning these and other things The third ordinary cause VIII Let us come to the third cause of these contentions and that is the mixture of mens private passions with their zeal in such matters of Religion Their passions of Pride and Ambition Anger and Revenge and the like and these are enough like Phaeton's Chariot of the Sun to set all the world on Fire And this mixture happens either at unawares and men not discerning it and so somtimes to the very best of men as the Divine Apostles themselves in their seeming zeal in the Scripture would have called for fire from Heaven as Elias did Or else men entertain it voluntarily and knowingly and so both evil and good men also through humane infirmity and the prevalency of their passions over them frequently do And in either of these cases how much men use to differ mutually in affection as well as in opinion the World sufficiently knoweth The wise man saith that through pride cometh contention Prov. 13.10 And Senec. in Thyest Chorus Ira cum magnis agitata causis Gratiam rupit cecinitque bellum Otium tanto subitum e tumultu Quis Deus fecit When Anger being stirred up by great causes Hath broken off all Amity and sounded the Allarum to War What God is there that hath made a sudden quiet Out of so great a Tumult The fourth and last ordinary cause of such Religious Contests IX The fourth and last cause ordinarily in the world of such Religious contests then is yet greater then any of these And that is the mixture of mens worldly interests with the defence of their opinions viz. of those their opinions whether they be taken up only pretendedly and in order to the promoting of such interests or else have any real being in men and those interests do mix only by the casual concurrence of affairs with the defence of them But yet still in either case what more potent charms to throw men into contentions then those interests so mixed are Is it not mens love to these things that hath power to delude them into a change of their opinions as the wise Author of the History of the Counsel of Trent saith Hist Councel of Trent Lib. 8. That Thus it happeneth as in humane affairs so in Religion also that ones credulity is changed with his interests And is it not it also that hath power to make men eagerly defend them Is it not for these interests especially so mixed that men have drained their veins And is not for these also that they have parted even with Heaven it self All times and Histories and Records of Humane affairs are full of instances in this matter we need not here stand to give them X. From these things then it is evident From hence the necessity of some kind of Unity to be maintain'd in matters of Religion what a necessity there is that in the Government of any Society whatsoever there should be some kind of Unity in matters of Religion maintained amongst men and that both for the removal of these unlawful Religious Contests and the occasions given by them to such Atheism and Prophaneness as hath been mentioned and also for the begetting of such Charity and Peace amongst men as may be healthful to all their Divine and Humane affairs How much tumultuous and popular contests about Religion prejudice all the affairs of men I shall describe hereafter Infra Lib.
to this day for ought any Revelation that there is from Heaven to the contrary And the unwritten traditions whether in the Romish or any other part of the Christian Church for the Licentiating of the Bible and which stand in direct opposition to the plain written Scripture in these things are not rationally to be believed The Publick Ordinances also ought to be celebrated in the vulgar Tongue Poloniae Lib. 1. prop. fin XII And lastly that the Publick Divine Service and the use of the Ordinances of God in the Churches in an Ecclesiastical Uniformity ought also to be in the vulgar Tongue so as Cromerus sayes it is with the Russians and Chytraeus with the Armenians the Waldenses and others it is as evident It is the saying of Padre Paule the Venetian although himself also in Communion with the Church of Rome in his History of the Councel of Trent That In Oratione cum post reditum ex Austria c. Circa Med. De Armeniis Ibid. in Boemia prope fin Lib. 6. Fol 578 he that would know what Language is to be used in the Church needs onely to read the fourteenth Chapter of the first to the Corinthians and it will sufficiently informe him though his mind be never so much prepossessed with a contrary opinion Thus then for these things CHAP. V. A more particular consideration of the two Grand Causes of all Mischiefs in Humane Affairs viz. the Weaknesses and Corruptions of men And more particularly of their Influence on the Publick Charge of the Magistrate the thing to be preserved ultimately by an Ecclesiastical Vniformity I. THE Causes of all Mischiefs to the Publick Charge of the Magistrate distinguish'd II. The Persons ordinarily guilty of the Faults of Imprudence III. Their guilt evidenc'd IV. Their particular faults instanced in in the particulars of the Magistrates V. The frequency of their errors and offences in this kind VI. The persons ordinarily guilty of the Faults of Malice VII The causes exciting them to the commission of such faults VIII The impetuousness and violence of those exciting Causes IX Certain Doctrines in the Christian Religion made use of by these Persons for the promotion of their several ends X. Of all things in the world the Charge of the Magistrate is most likely to be invaded by them XI Of all Persons in the world the Person of the Magistrate is most likely to be invaded by them also XII The Conclusion drawn from all these things I. THe Divines distinguish all sins committed against God The causes of all mischiefs to the Publick charge of the Magistrate distinguish'd into voluntary and involuntary The involuntary are those which are committed imprudently and without knowledg and intention and the voluntary those which are committed knowingly and maliciously The same distinction is here to be given of all faults commited in Humane Affairs as hath been hinted already more then once And more particularly against the publick charge of the Magistrate in an Ecclesiastical uniformity Lib. de virtutibus Juv. Sat. 1. Imprudentia rationis est vitium male vivendi causa sayes Aristotle That Imprudence is a fault of mens reason and a cause of their ill living And that of the Poet may be ordinarily apply'd to every Age Nil erit ulterius quod nostris moribus addat Posteritas eadem capient facientque minores Omne in praecipiti vitium stetit That there will be nothing farther for Posterity to adde To our manners the younger will receive and do the same things Every vice is readily practis'd And although it be true in both these Cases what the Schooles say in Divinity that Veniam dabit ignorantia Culpae That Ignorance in the Person offending is one thing which may excuse from guilt as to the offence it selfe either in tanto or in toto Yet however the outward effects and consequences of both these sorts of offences against the charge of the Magistrate are those things which are to be taken cognizance of and considered principally by Humane Lawes And it followes then that in respect to the mischeifs done by them either sort of offences may be either more or less equally hainous and so as that both of them are to be watched over by the chief Magistrate in any Society Saepe honestas rerum causas Hist lib. 1. Orat. Contra Ctesiphont inadhibias in Judicium perniciosi exitus consequuntur sayes Tacitus That oftentimes pernitious ends do attend honest causes of things unless you consider how to prevent them And Aeschines improbum ingenium magnam potestatem adeptum publicas importat Calamitates That a Mischievous wit having attain'd to great power brings publick calamities upon men II. The faults of Imprudence then are the first in order here to be treated of And the Persons ordinarily guilty of them in any Society are those The Persons ordinarily guilty of the faults of imprudence who in all Writings and Ages have been loaded with so many Epithets designing that guilt of theirs viz. Prophanum Rude Imperitum Ignobile vulgus The Barbarous Rude Vnskilful and Ignoble Common people Their guilt Evidenc'd III. Their being ordinarily subject to this kind of offences is evident from two things 1. From their own aptness to run into such and all other sorts of faults and Errors 2. From their easiness to be lead into them by others 1. Their own aptness proceeds from their Ignorance Heedlesness and unskilfulness in Affairs and the like in all Writings deservedly Attributed unto them 2. They are also Consequently as easily led by others And that 1. By Shewes 2ly By Custome And that also by reason of their Heedlessness Simplicity and Foolishness mention'd Wherefore they are rightly called a body without a Breast P. Aemyl lib. 8. And Nihil est facilius Declam 11. sayes Quintilian quam in quemlibet affectum movere populum That nothing is more easie â—hen any wayes to affect the People And Plebs suapte natura Hist lib. 17. sayes Guicciarâ—â—ne semper novarum rerum cupidicum facile vanis erroribus falsis persuasionibus repleatur ad còncitantis arbitrium ut maris stuctus à ventis impellitur That the Common People being by their own nature desirous of new things seeing they are easily fill'd with vain errors and false persuasions they are driven along at the pleasure of him that stirrs them as the flouds of the Sea by the wind Ad Caesar And the like is that of Salust Multitudo vulgi more magis quam Judicio post alium alius quasi prudentiorem sequitur That the multitude of the Common people by Custome more then by Judgment followes the one after another as if he were in the mean time the wiser Their particular faults instanc'd in in the particulars of the Magistrates Charge IV. We will farther instance a little in their more particular faults respecting the particulars of the Magistrates charge mention'd 1. As to Religion And their
hath suffered the debates concerning it to be ventilated in her Universities And as to these Doctrines and so farre forth as they are concerned here certainly that way of Tenent concerning them is to be looked upon as truth and as intended by the Scripture and accordingly to be chosen by all Churches which tends least to Division and most to the Promotion of the welfare of the Publick Charge of the Magistrate in an Ecclesiastical Uniformity X. In the mean time of all things in the world the Charge of the Magistrate is most likely to be invaded by these Lusts of men Of all things in the World the Charge of the magistrate is most likely to be invaded by them which have been mention'd in any Society and that because the places of Supreme Governours are alwayes accompanied in the most eminent manner with the great Adored Tria's of Riches Honours and Pleasures or at least are so commonly deemed to be and so the places of all other Governours also gradually and proportionably both in Church and State and the making use of the pretences of Religion and the rendering it inconsistent with Government is a most potent means for the wresting of a Governours Power out of his hands And the Heresiarks ordinarily in this Case as in all other are Ecclesiasticks or Churchmen for so sayes the Scripture it self as to matters concerning Religion That from the Prophets is Prophaneness gone forth into all the Land Jer. 23.15 And they are those that make all the stir in the World about these things Such Heresiarks heretofore in the primitive times of the Christian Church were Donatus Arrius Sabellius Servetus Samosatenus and the like mentioned in the Catalogues of Heresies and Ecclesiastical Histories and interdicted by the Code of Justinian Vid. C. Titulis De Hereticis manichaeis De Judaeis c. Et passim alibi and other parts of the new Civil Law The Ring-leaders of Sedition immediatly in matters Civil and whether taking occasion from these matters of Religion or other things ordinarily are Laicks and those aiming at the Supream Magistrates Throne and the things that are so Gay in their Eyes belonging to it And what is it that men will not do for a Kingdome Tullia sayes the Roman Historian Livius Decad. 1. lib. 1. stuck not to be the murtheress of her own Father and to drive her Goar-blood Chariot over his dead Body lying in the way to her Pallace that she might salute her Husband King in his stead And it is recited concerning Julius Caesar Apud Suâ—ton In Julio that he was wont alwayes to have in his mouth these two Verses of Euripides which he himself thus rendred sayes the Historian Nam si violandum est Jus regnandi causa Violandum est aliis rebus pietatem colas For if Right be to be violated for a kingdomes sakes It is to be violated in other things follow after piety Of all Persons in the World the Person of the Magistrate is most likely to be invaded by them also XI Of all Persons in the world also the Person of the supreme Magistrate is most likely to be invaded by the other sort of Corruptions conversant as was said about the Persons of men And so the Persons of all other Governours also gradually and Proportionally both in Church and State and that because Governours of all sorts and especially the supreme are the publick Persons that have to do with all sorts of men the life of the Lawes and the cause of the Execution of them the Formers of the Tempers of times and those that cross the grain of such as like not their Government And then it is no wonder if upon a thousand occasions there be the Spirits of male-contents rising up against them in all Societies The Conclusion drawn from all these things XII Last of all then All these things being so we must come to lay down but this one Conclusion from them And that is That how much reason then is there for the Supreme Magistrate in every Society to take all care possible and to use all due meanes for the securing his Charge from both these sorts of mischiefs which we have mention'd viz. Those which it is subject to both from the faults of Imprudence and faults of Malice and if he do not do it he cannot be said to discharge his Trust either towards God or towards his People either towards God in respect of his duty or towards his People in respect of their welfare and common good of his Society And this Supreme and Publick Charge of his also is the thing ultimately to be preserved by an Ecclesiastical Uniformity CHAP. VI. The more general Description of the Civil and Ecclesiastical Powers and which belong to the Cheif Magistrate and Ecclesiastical Ministry as their distinct Rights in an Ecclesiastical Vniformity I. THe First and Capital Distinction of the Persons concern'd in Government II. The Christian Church and Civil State are distinct Societies III. The necessity of difference of Order and Power in Governours IV. The distinction of the Civil and Ecclesiastical Powers flowes from the Divine Appointment according to the different quality of the affairs about which they are Conversant V. The Question stated Whether Church-men may have to do in the Administration of Civil Affairs VI. A Caution subjoyn'd VII The necessity of difference of Orders and Degrees of Churchmen and Ecclesiastical Persons in any Church-Society VIII The several Orders and Degrees of Ecclesiastical Persons mention'd in the Christian Scriptures and the Churches Power of varying concerning them IX The Rights and Powers belonging to the Ecclesiastical Persons as such X Erastus answer'd XI The Character of the Ecclesiastical Persons Function is Indelible XII The necessity of some Supreme amongst men XIII The Supreme Person defin'd as to his Political Qualification XIV And as to his Person and that is the Civil Magistrate XV. This Supreme Power is committed to him by God as Creator and Conserver of all things And what is the extent of such Power XVI For the discharge of his Trust in the exercise of such Power there is a necessity of his having an Indirect Power in Spirituals as a branch of such supreme Power conceded to him And the extent of such Indirect Power XVII That this Indirect Power is his Right both by the Law of Nature and Nations and the Divine Law XVIII First by the Law Natural XIX Secondly by the Divine Law XX. Thirdly and lastly by the Law of Nations also XXI The Question Answered Why the Ecclesiastical persons as such should not have Supremacy over all XXII By the Magistrate's Indirect Power in Spirituals he is appointed to be a Foster-father to the Church XXIII The Supreme Magistrate may commit the exercise of this Indirect Power in Spirituals to others The first and Capital Distinction of the Persons concern'd in Government Supra lib. 1. Cap. 3. §. 5. 1. HAving already distinguish'd Government
Common-weal or to have any House of Prayer In the 42 Constitution Nestorius Eutyches Arrius Macedonius Eunomius and others are deposed And the offence of Anthinus against the Ecclesiastical Canons is made mention of And afterwards he is banish'd from the imperial City or any other Great City that there might be Peace amongst the People and he might not spread his interdicted Opinions and the like If we go on in the 109 Constitution all are stiled Heriticks who are not of the Imperial Catholick and Apostolick Church If we go on still the four Councels but now mentioned are again appointed to be recieved And if we go on further it is argued that if the Civil Lawes which respect mens outward Security are to be observ'd then how much more the Ecclesiastical Canons which respect â—â—e health of their Souls and afterwards the Peoples not having learnt their Liturgies is taxed and the like Finally many more the like Lawes might be recited Let us pass then from these Volumes of Lawes to the Code of Theodosius And that proceeds also in the like manner in these things Let the Titles De his qui super Religione contendunt De Haereticis in the 16 Book and the like in other Books of it be consulted Let us go on from it to the Body of the Canon Law In the several parts of the Decretum in the Sextum Clementines and Extravagants up and down no man will doubt but that the Roman Uniformity and the Customes and Lawes of that Church are enjoyn'd It would be too needlesly tedious to make a particular recital of these matters Last of all the like also are the present Lawes of the other Christian Churches abroad in the world The Canon Law is taught in their Academies and many of it's Decrees and Constitutions tending to these things which we have mention'd See the Laws and Statutes in quarto pag. 9. Ibid. vid. are made use of for the regiment of those Churches The very Statutes of Geneva will have no strange or false Opinions against the Doctrine received to be admitted will not allow of Negligence in coming to Church to the contempt of the Communion of the Faithful See the Discipline of the Kirk Edit Anno 1641. alibi See in his Life By J. H. p. 188. Lond. 63. and the like And the like Church orders are to be found in the Corpus Disciplinae and amongst the Low Country Churches in the Discipline of the Kirk of Scotland and amongst its prescriptions And finally in the very humble Petition and advice presented in the late times of usurpation to Oliver Cromwel in England when he was coming towards his desired sitting down in the Throne In which was proposed a Confession of Faith to be assented to in matters of Religion and to be recommended to the People And thus then all these things will sufficiently evidence how all mankind hath conspired Universally in it's Laws and Constitutions in Societies towards this Ecclesiastical Uniformity and for those intents and ends which we have mention'd Last of all where this Uniformity hath been but in part or in small measure the Governours of Societies still as Controversies have arisen have been forc'd to come to further degrees of it XIV In the last Place then this one thing is further observable that wheresoever this Uniformity hath been either but in the Negative and improper part of it or else but in some small measures of the Positive there still according as Controversies in Religion dangerous to the Publick have arisen Princes have been forc'd to come to further degrees of it It may be at the first foundings of Religions or Churches those Churches have not been capable of any great degrees of it at least not in the way of National Churches as was the Case of the Primo-Primitive and Apostolical Christian Church It may be also otherwise that for Causes concerning Civil and Humane Society which is the foundation of all Religions Diversities of Professions have been for a longer or lesser time to a greater or lesser degree tolerated in some Countries as in Holland Poland and other Territories at this day and through the necessities of their several States But yet â—till and whatsoever Causes there may any where be of the want of the further degrees of this Uniformity all Governours have been forced to take sanctuary at it and those further degrees of it where Religious Controversies have arisen and for the allaying the furious heats of them and the begetting a charitative composure amongst men Vid. Praefationem ad Acta Synodi Dordrect This was the late Case in the calling the Synod of Dort in Holland and as the States themselves acknowledgâ— And the like other Cases also are every where to be found up and down in other Ages and Countries CHAP. X. What are the Extreams in respect to this Ecclesiastical Vniformity And what are the faultinesses in it I. THe Extreames in respect to an Ecclesiastical Uniformity distinguished II. The Extreams of too much loosness assign'd III. The extreams also of too much strictness assign'd IV. The Faultinesse in such an Uniformity assign'd also V. The first of them VI. The Second VII The Third VIII The fourth and last sort of faultiness THis only Natural way then of setling Church Affairs amongst men being thus describ'd The extreams in respect to an Ecclesiastical Uniformity â— Distinguish'd and recommended to Practise let us come next to contradistinguish it to it's extreams and to set down the faultinesse which may possibly be in it in any Society And those extreams as all other in respect to other matters are are those that lye on both sides of it i. e. 1. Those of too much loosness and 2. Of two much Strictness II. First Those of too much loosness are The extreams of too much Looseness Assign'd Lib. 2. cap. 6. §. 2. and §. 4 5 6. c. Ibid. §. 2. 1. The loose open Toleration of venting of Opinions which hath been heretofore mentioned and avouched to be finally destructive both to Religion and Government and the consistency of Religion with Government 2. The way of Governing Church-matters by ballancing of Opinions i. e. by such an underhand ballancing of them as hath been heretofore hinted at also And which because it partakes not neither in the nature nor in the drift and ends of an Ecclesiastical Uniformity so as to deserve to be accounted any part of it therefore we here reckon it as one of these extreams Besides the properties of it are collusion with men in so great matters as those are in which it pretends an open Toleration but privately practiseth a restraint and in like manner also the Princes falsifying his Trust to God by his suffering all common Charity and Peace to be broken and which he is so much bound by the Divine Law to preserve Deuâ— 24.11.16 c. and by his owning no Profession of Christ in his way before men
it is ridiculous the Christian Church then not being national nor in an ordinary capacity to be so A Church representative is again either compounded onely of Clergy-men and the Prince by vertue of his Indirect Power in Spirituals presiding and then it is called a National Synod or Convocation of Divines or both of Clericks and Laicks and the Prince by Vertue of his Supream Power over all presiding And both these according to the occasions of Princes and the nature of the affairs committed to them to handle But it is the notion of a Church National diffused which is and will be principally concerned both here and hereafter II. A National Church is ordinarily supposed to an Ecclesiastical Uniformity A National Church is ordinarily supposed to an Ecclesiastical Uniformity Because the Chief Magistrate in every National Society hath the Right of setling it and is ordinarily supposed to have some National Religion established within his Society and so is the Supream Head upon Earth of his own Church so established And hence it is that every such National Church is independent upon any other and not at all obliged to the observance of the constitutions of it as such and concerning indifferent things but is to frame and order all things within it self according to its own proper occasions And those that do constitute the Headship upon Earth in such a Church in the Ecclesiastical Synods called Presbyterial do make way the corruptions of men being considered for the Ecclesiastical persons invading the Office of the Civil Magistrate and converting clearly into a Pope in the end The ends of a Canon of Doctrines and Liturgy distinguished III. The ends intended in a Canon of Doctrines and Liturgy in such a National Church are either general or particular And the particular ends are either mediate or immediate and both do bear the notion of means towards the general and last ends And those are they which are here first to be assigned IV. The general ends then of such a Canon of Doctrines and Liturgy in any National Church The general ends of such a Canon of Doctrines Liturgy in any National Church assigned Supra Lib. 2. Cap. 8. §. 5. An Objection answered and since they are the two Grand Instruments of an Ecclesiastical Uniformity are the same that have been heretofore assigned as the general ends of such an Uniformity viz. the preservation of the welfare of Religion and Government and of the consistency of Religion with Government V. But here occurs an Objection then That this is the reducing Religion to Government And why is not Government as well to be reduced to Religion Answ It hath been several times heretofore said that it is so to be reduced to Religion and the Governours obligation in this particular both in the Court of Conscience and in the Court of Heaven hath been mention'd But in the mean time the Christian Religion needs no reduction by any Humane Arm to Government since it consisteth with it not only necessarily by a total negative consistency but also positively and eminently as hath been heretofore declared Lib. 1. Cap. 4. §. 5 6. And it is none of the intent neither of an Ecclesiastical Uniformity in the general nor of the two Grand Instruments of it in particular to make a Reduction of the right precepts of Religion to any unjust Rules of Government but only to reduce the errours and extravigancies of men in matters of Religion to Gods Ordinance of Government CHAP. III. What are the more particular aimes or ends of the Canon of Doctrines and Liturgy in order to these three Generals I. THe more particular ends of the Canon of Doctrines and Liturgy described II. First negatively as to an Universal inward Unity of Opinion and the reasons of it III. The first Reason IV. The Second V. The Third VI. The Fourth VII The Fifth and last VIII Secondly positively and that is as to those ends both mediate and immediate IX First what are those immediate ends in order to the first general end of them X. The first of them in respect to each of them distinctly XI The second in respect to both of them mixtly XII The third and last XIII What are those more particular immediate ends in order to the two last general ends of such a Canon and Liturgy also XIV The more particular mediate ends of them also assigned XV. The first of them in respect to the three generals and to each of the Canon and Liturgy distinctly XVI The Second XVII The Third and last XVIII Two appendant Questions resolved XIX The first of them XX. The Second The more particular ends of the Canon of doctrines and Liturgy described I. THese general ends of the Canon of Doctrines and Liturgy then being thus described I come next to describe the more particular ends of them also And that first negatively and secondly positively II. First of all negatively First negatively as to an Universal inward unity of opinion and the reasons of it And so an Universal inward Unity of opinion the pressing of which upon men was abovesaid to be an extream of strictness in an Ecclesiastical Uniformity is none of the ends of them And such an Unity of opinion in men and as to the notions they have of things is either mediate or immediate And 't is an universal Unity in the next and immediate notions that they have of those things which is here denyed to be any of the ends of the Canon of Doctrines and Liturgy in a National Church And that for the reasons following The first reason III. First because such an inward Unity of opinion in men is impossible i. e. ordinarily and the causes of mens variety of Opinions which were above assigned being considered Lib. 2. Cap. 6. §. 6. Absolute unity even in Doctrines of Faith is said by the Scripture it self to be proper to mens condition only in Heaven Eph. 4.13 And the causes mentioned of mens variety of Opinions being ordinary and natural he that will reduce them to the contrary absolute Unity must first of all change even Humane Nature it self within them and alter them any more from being men The Second IV. Secondly because inward Opinions touch not the Magistrates Province of Government .i e. of themselves and unless they be vented But the Publick welfare of Religion and Government and the consistency of each with either are the Publick charge of the Magistrate and the securing of them is the general aime of the Canon and Liturgy And the effects of mens irregular divulging of their opinions are the things from which they are to be secured 'T is the publication of wicked Opinions which is condemned by all Humane Laws Vid. Can. 9.44 59 63 c. So the Apostolical Canons condemn the outward Acts of separation And the Law concerning Authimus taxeth the divulged Speeches of Nestorius and Eutiches Novel 42. Cap. 1. prope fin
kind of the perpetual Church-officers and also by their appointing the Magistrates to chuse two of the Council to joyne with the two of the Congregation chosen by the Ministers in the ordinary Act of Visitation or supervising of affairs But those who thus mix the Civil and Ecclesiastical Powers do practise against the Generality of Presidents of all former Churches and Ages and do so far forth as they thus mix their affairs do that which tends to the confounding of the distinct Societies of Church and State in the World The Ordinary Church-Office of a Bishop or Ecclesiastical Superintendent or Supervisor of affairs with the reference of things sometimes to a Synod hath been ever under Divers Modes and Polities and generally in all kinds of Churches whatsoever made use of and asserted and even in the Mahometan Church at this day they have their Cadii or Ordinary Bishops Vid. Leunclav Pandect Hist Turc cap. Gradus Legis c. Et in Supplement Annal. C. 1576. their Hoggiae or Prebyters and their Talis-mani or Deacons and the like have been also in other Ages and Churches not but that the welfare of the people which is the things certainly meant in the constitution of Lay-Elders and of the Common Society ought alwayes to be provided for and taken a care of in this matter of Church-Government as well as others but that is accordingly secur'd in this particular by the Liberty of Appeals to the Prince who is the supream Supervisor ore all and the powers attributed to the Lay-Elders are in the mean time misplaced in them And if the Consistency of the Ecclesiastical estate with the Civil be alleadged it is also supposed to be provided for by the supervision of the Chief Magistrate The matters to be supervis'd by these Supervisors VII The matters then to be supervis'd in every Ecclesiastical Uniformity are either Ordinary or Extraordinary The Ordinary do use to be comprehended within the Disciplinary constitutions or Canons of any National Church the extraordinary are according to the emergent and temporary Occasions of it and there are some of each of these which are of more moment and some of less in respect to the welfare of the Supreme Publick Charge The care to be taken in the supervising of them VIII And as to that great care also which ought alwayes to be taken about the Supervising of these matters the State both of Persons and Things ought to be taken cognizance of by the Supervisors in their several places Their Eye ought alwayes to be wakeful like that of the Dragon watching over the golden Apples of the Hesperides And last of all the first breakin gs out of any Fire of Contentions or of any other misdemeanours in the Church whatsoever ought to be timely stopped as the breakings out of Fire in the City were to be stopped by the Praefectus Vigilum amongst the Romans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It behoves not a consultor of the Publick Good to sleep all night And Sciendum est autem Praefectum Vigilum per totam noctem vigilare debere D. De offiâ—io Praefecti vigilum L. 3. ¶ Sciendum est oberrare calceatum cum Hamis Dolabris c. sayes Paulus in the Civil Law That it behov'd the Praefectus Vigilum to watch all night and to walk on foot every where about the City with Hooks and Axes c. And Philosophus igitur iracundus volax robustus natura erit qui civitatis Custos optimus est futurus said Plato That he who is a seeker after knowledg and angry upon occasion and active stout by Nature De Rep. Dial. 2. prope fin is likely to be the best keeper of a City IX In order to these ends then and for the due application of their several powers accordingly the Supreme Ecclesiastical Supervisors ought to have the dispensing of Church Censures The Ecclesiastical Tribunals for the exercise of that Care and their Ordinary Tribunals and Consistories or Courts Ecclesiastical at which Causes may be heard and matters according to Truth and Piety may be determined The Sacrum Consistorium is many times mention'd in the Code and Novels of Justinian Vid. C. De Jure jurando propter Calumniam dando Principales personae ¶ Sed si Et alibi And the stated Circuits for Visitation And there are all the same reasons in nature for it in this matter which there are for all other Courts of Judicature in others X. The Ordinary Ecclesiastical Supervisors ought also to have their stated Circuits or Journeyes or Visitation And those whether Deputative or Personal whether more or less frequent according to the several Occasions and Constitutions of Countries And he that Travels in those Circuits is called Visitator aut Circuitor and the like in the Code of Justinian and those Circuits are in like manner common also to all National Churches XI Last of all then De Episcop Cler. L. Omnem adhibentes ¶ 9. Et alibi The last Appeals ought alwayes to be made to the chief Magistrate and in relation to all these matters which have been mentioned The cheif Magistrate in every National Church ought alwayes to retain the Right of receiving the last Appeals concerning them And in this there will be this Right nenessary for his Government done to him and Sanctuary also provided for his people And the Court of Rome then in this matter unjustly demands Appeals to be made out of the Dominions of Princes CHAP. XVI Of the Supreme Interpreter in an Ecclesiastical Uniformity I OF how great moment the Office of Supreme Interpretor is II. The Authentick Interpretors in any National Church distinguish'd And the Supreme Assigned III. The Right of the Supreme in respect to his Interpretorship asserted IV. The Opposers of it Taxed V. The Principal Assistances in respect to the Actual exercise of it assigned also VI. The Conclusion of the Whole Of how great moment the Office of Supreme Interpreter is I. HAving discoursed over all these preceeding matters relating one way or other to an Vniformity in Churches and the Constituting and rightly ordering of it I come here last of all to State the Office of Supreme Interpreter and to whom it doth belong Which Office and the discharge of it of how great moment it is in respect of all Humane Societies and the members of them it may be more then conjectured from hence viz. from such the Supreme Interpreter his becoming the Judge of Controversies and having it in his hands at any time to fix what Doctrines of Religion he pleaseth in any National Church which he that shall have the Faculty and Power of doing what influence may he not have both upon all Divine and Humane affairs and whether they relate either to Religion or Government or the consistency of each with either The Authentick Interpreters in any National Church Distinguish'd and the Supreme Assign'd II. The Authentick and Publick lawful
being invaded 119 Charity distinguished 94. The benefits of it to Societies 94 95 96 c. And to the publick charge of the Magistrate Ib. To Religion 95 To Government 96. and to the consistency of Religion with Government 97. and how much it is commanded in Scripture 97 98. Charity and Peace in matters of Religion the means for the procuring the benefits of them in Societies assigned 160 Chief Priest amongst the Jews his sitting in the great Synedrion 128 129 Mr. Chillingworth his saying concerning the uncertainty of many matters in Religion 151 Mr. Chillingworth taxed 285 His saying concerning the appointment of an Infallible Judge of controversies 307 Christian Religion its positive and eminent consistency with Government 70 It is never subversive of the present lawful Government 70 71 Christian Church the Records of it defective 197. The Christian Church and civil state are in themselves distinct Societies 122 And God hath appointed them to be in a capacity of subsisting apart in the World 123 The Christian Church the distinct Ecclesiastical Orders in it 125 Church-men may intermix in the administration of Civil Affairs 126 127 128 c. Church-Government The Magistrates Right of establishing it in every National Church 240 c. The case concerning it in England 240 241 Circuits for visitation in an Ecclesiastical Vniformity 301 Civillians Their complaints concerning the extinction of the Old Roman Doctors In Proleg post med Common Good The great end of all Laws and Government amongst men 58 59 Common People the one sort of persons ordinarily guilty of the faults committed against the publick charge of the Magistrate 111 Their particular faults instanc'd in Ib. In respect to Religion 111 112. And Government 114 and the consistency of Religion with Government 116 The frequency of their commission of those faults Ibid. Common-Weals the two famous ones of Greece In Proleg post med Communions in matters of Religion how far forth a mixture of them may consist with the welfare of Societies 164 Communication of Church Censures for money how far forth lawful 269 Composition of a Canon and Liturgy the rules to be observ'd in it 231 232 233 234 335 c. Consent given to Government the distinctions of it 36 37 Consistency of Religion and Government with each other intended by God and Nature 2. The consistency of Religion with Government defined 6 And distinguished 6 7 And the distinctions of it explicated and applyed 68 and that consistency proved 68 69 c. Constantinople its sacking and conflagration by the Saracens 31 Constantine his saying concerning the subordination of his Bishops to him 145 The appearance of Christ to him from Heaven 310 Contests about Religion distinguish'd 89 Contestation of Opinions in matters of Religion the means for the preventing the mischiefs of it in Societies assign'd 160 The effects of it 150 154 c. And that in respect to the particulars of the Magistrates charge 156 c. Conventicles or more private convenings for the exercise of Religion how far forth to be permitted by Princes stated 219 220 221 222 c. The present case concerning them in England 220 221. Council of Trent the preservation of the several powers of Princes in it 144 Councels the Celebration of them twice every year heretofore in the Christian Church and why 127 Creed of the Apostles was framed for a profession of assent to be made to it 197 Cromwel his pretences of Religion in England 115 D Delusions of the Heathens how permitted and inflicted by God 21 Dionysius Halicarnasseus his Story concerning Numa his suppressing of controversies and opinions in matters of Religion 177 Directory whether it be not sufficient for the preservation of the publick peace in any National Church 203 Discipline an Vniformity in it convenient in Churches 168 169 Divinity three sorts of it amongst the Heathen 14 Divulging of Opinions how far forth a duty in private persons 274 275 276 vid. venting of Opinion The more particular restraints and liberties and the rights of the Magistrate relating to it 292 c. The wayes of mens divulging their opinions distinguied 294 The Doctors upon both Laws In Prolegom prope fin Doctrines of Religion a distinction of them 91 Certaine doctrines in the Christian Religion made use of by the Demagogues Heresiarchs and Ring-leaders of sedition in Societies for their serving their several ends 118 Doctrines in religion distinguished 164 The several sorts of the Doctrines of Canons and Liturgies assigned 249 250 c. The Doctrines of any National Church distinguished Ibid. Druids amongst the Gaules the reason of their dispersing their doctrine of the immortality of the soul amongst the people 85 Their being distinct in their Orders of Ecclesiasticks 104 Their being both Priests and Judges heretofore amongst the Gauls and Brittains 130 E Earle of Portugal the Story concerning one lately in relation to an Inquisitor 272 Ecclesiastical person the Querie why he should not have the Supremacy resolved 145 Elector of Saxony his Acts of bearing the Sword before the Emperour c. in the Diet of Ausburg condemned 280 Empire the wayes by which men have arriv'd at it 34 The Ends of a Canon of doctrines and Liturgy in any National Church distinguished 211 The general Ends of them assign'd Ibid. An Objection against them answered Ibid. The more particular Ends of them 214 215 216 217 c. EnglishVniformity the History of it 199 200 English Canon of Doctrines the History of it 201 202 English Liturgy the History of it 202 Enthusiasme condemned 290 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Office of a Bishop in the Christian Church 299 300 Erastus concerning the authoritative Execution of Church censures by Laicks answered 134 Estates of men the first and Capital distinction of them 36 Euripides and Lycurgus compared 12 Euripides his saying concerning Jupiter In Prolegom in princip Eusebius and the other Histories of the Christian Church the notable instances of Regiment of Churches in them In Prolegom in fin Excommunication a caution concerning the inflicting of it 267 The complaint concerning its being inflicted for light matters in the Vniformities of Churches answered and for its being inflicted at first dash also 269 270 The Extreams in respect to an Ecclesiastical Vniformity distinguished 177 Those of too much loosness assign'd 177 178 And that also of too much strictness 178 F The Fathers of the Christian Church their derivation of the Magistrates Power from God 54 55 Faultinesses those in an Ecclesiastical Vniformity assigned 178 179 180 c. Fire of Sodom its natural causes 30 Five-Churches his actions in the Council of Trent 144 Flood of Noah the fame and dispersed report of it 30 Freedome the principle of natural Freedom refuted 39 40 41 42 c. Fragments those of the twelve Tables amongst the Romans now remaining In Prolegom post med G Georgians Their Liturgy 198 Georgievez His Turkish slavery sustained by him Gifts The use of spiritual gifts is under the
Chytraeus and others And the like also by Georgieviz amongst the Turks And the like by others which are in use also in other Churches And the like account do De Rubeis Durantus and the other Rationales of the Church of Rome give of their too numerous company of Ceremonies and under the Law of Moses God himself appointed those of the Judaical Church for this end mention'd and such others To this end also amongst others have all Priviledges and Immunities been conferr'd on Ecclesiasticks Those so conferr'd by Moses his Law and amongst the Heathens of all Countries and in the Christian Church The Code and Novels of Justinian and the Theodosian Code are full of them The like are to be seen in the Lawes of Charlemaine and which are in use at this day amongst the Russians and others and conferr'd on Church-men and Churches and the like also have been the ends of the Celebration of Publick Festivals of all sorts And lastly this is one great end of the Celebration of all Sabbaths whether real or pretended in their several kinds Of the Friday's Saturday's and Sunday's at this very day amongst the Jewes Christians and Mahometans And last of all God himself appointed Moses to exercise his very Political Government by the Divine Lawes and dictates of his own mouth and the Persian and Turkish Mahometans Govern by their Alcoran pretendedly in like manner and the Church of Rome by it's unwritten Traditions in a great part at this very day And as these things have been Constituted for the upholding of the honour of Religion positively so negatively in the same manner also have all things been prohibited which have detracted from it By the Divine natural Law of Moses the Blasphemer the Idolater the person having a familiar spirit the Wizard the Witch and the like were to be stoned to death And as Bertram and others vulgarly observe these weighter causes as respecting the Civil State as well as purely the Ecclesiastical were determined by the seventy and the chief magistrate presiding and swaying ultimately in the determination of them Next to Moses the like humane Lawes are advised by Plato in his books of Lawes He gives Charge That the Citizens of his Commonweal That they may the better obey their Governours be instructed in the Doctrines of Gods vengeance on those that do ill and of his favour and good-will towards them that do well Ibid Dial. 9. And he condemns Sacriledge to death and the like If we look into the Christian Church Vid. Can. 69 70 71 72. in the first place those Ancient Canons called the Apostles depose and excommunicate either Clericks or Laicks who should practise any Rites of the Jewes or Gentiles So also the Roman Civil Law pronounceth it to be Crimen Publicum a Crime against the Publick L. Nemo ea C. De Paganis Sacrificiis templis L. Manichaeos seu Manichaeos C. De Haereticis Manichaeis Samarit Vid. C. lib. 9. De maleficis Mathemat Caeteris simil L. Nullus L. eorum L. nemo L. multi c. Et Novel 77. in Praefat. Cap. 1. Et Imperator Leonis Constitut 65 c. So much as to take knowledg of the Pagan Superstition and as such a Crime it condemns the Doctrine of the Manachees and Donatists and gives the reason for it Quia quod in Religionem divinam committitur in omnium fertur injuriam because that which is committed against the Religion of God is an Injury done to all So also it prohibits the Heathen Auruspices Augurs Soothsayers the Mathematicians of those times Caldeans Magitians Inchanters disturbers of the Elements and the like as Moses his Law doth It forbids Blasphemy prophane Swearing by the Haires of the head and the like usual Oathes of the times as the New-Testament doth The Lawes concerning these and the like things are to be seen up and down in the Code and Novels and the subsequent parts of the Body of the Law And the Doctors say that as Heresie is to be punished any where both because the Heretick sinneth against God who is every where and also because whithersoever he goeth retaining his obstinacy there still he sinneth so also that it is to be punished upon both accounts and as a mixt fault both against God immediately and also the Civil Magistrate And the like have been the Lawes of the later Christian Princes in their Dominions generally Disputat lib. 1. Cap. 12. And Machiavil spends a good part of a Chapter upon the proof of it how much Religion makes to the conservation of the Commonweal And that it was the cause of the Imperial power it's failing in Italy because of the innovations of the Roman Religion And he instanceth in the Heathen Romans Ibid cap. 13. Cap. 14. cap. 15. their often-times although he should have added wickedly even as to their false Religion using their Religion as a Politick Instrument in the times of Sedition at home and Warres abroad And the like many other things might be say'd to this purpose Therefore all Atheisme and lesser degrees of prophaness to be expelled out of Humane Societies De legib Diol 10. II. These things then being so no man will doubt but that all sorts of Atheisme and lesser degrees of prophaneness whatsoever are rightly to be expelled out of Humane Societies and that all the causes of these things are in order to it to be removed and the contraries to them to be established Of Atheists Plato assignes two grand sorts amongst men the one the secret and hidden Atheist the other the open and declared And because the Cognizance of man cannot reach to the secret one therefore he is necessarily to be left to God and the open one is to be extirpated by Humane Lawes There are also opinions concerning the Deity which amount to as much as direct Atheisme De legib Dial. 10. in princip such Plato recites to be that of Gods not taking any care of Humane Affairs and that of his being easily pleas'd and propitiated in case of Sin The like of late Grotius and others recite also De jure belli lib. 2. cap. 20. §. 45. instancing in these things And other lesser degrees of Prophaneness there are both in thought and external Action and the causes of both are to be removed although the things immediately cannot Publick contentions about Religion a grand cause of these things amongst men III. Many then are the Causes of these Enormities amongst men And amongst others in an especial manner ordinarily all open and publick contests about Opinions in matters of Religion Nam Ecclesiae dissentionem quovis malo graviorem Sentio sayd Renowned Constantine That he thought Church dissentions to be the worst of evils to a Common-weal and that for this very reason mention'd amongst others The matter of such Church contests then may be either just or unjust But as to the manner of holding of either If
vulgarly and popularly permitted they ordinarily fail not to produce those Enormities mention'd and that partly through the Infirmities and partly through the Corruptions of men Both which two Grand causes of all Mischiefs in Humane Affairs will be more particularly treated of anon Infra lib. 2. cap. 5. The Emperor Marcianus therefore gives the very Reasons mention'd of his forbidding these Contentions C. De Summa Trinitate L. nemo Clericus Nemo Clericus vel Militaris vel alterius cujuslibet conditionis De fide Christiana publice turbis Coadunatis Audientibus tractare conetur in posterum ex hoc Tumultûs persidiae occasionem requirens That none neither Clerick nor Military man nor of any other condition whatsoever should endeavour for the future to handle any matters of the Christian Faith with Companies gathered together and hearing of them and from thence seeking occasion of Tumult and Treachery And so the Emperours Leo and Athemius concerning those that were permitted to go forth of their Monasteries L. Qui in Monasteriis C. De Episcop Clericis Caveant autem hi qui ita exibunt ne de Religione vel Doctrina disputent vel conciliabulis praesint vel turba concitata simpliciorum animos seducant c. But let these beware who shall so go forth that they do not dispute concerning Religion or matter of Doctrine or that they do not head private Councels or stir up Companies Lib. 2. cap. 7. ad finem whereby to seduce the minds of the Simple c. And we shall come to describe and evidence more particularly hereafter how much such Religious contests make to the hurt both of Religion and Government and the consistency of Religion with Government IV. In the interim contentions about matters of Religion The lawfulness or unlawfulness of Religious contests stated in the general are taken either in an ill or good sence and so are accordingly either lawfull or unlawful And that either as to the matter contested as was said just now or the manner of contesting it And as to either Lawful when they make either to the confounding of Hereticks or the cleering and advancing of the Faith and Unlawful when the contrary And so the Imperial Lawes determine in this matter But then the respects which such Contentions bear to Government and Religions consistency with it as well as those which they bear to Religion simply taken are to be supposed to be understood in this determination also V. The causes of such ordinarily unlawful contentions then The ordinary causes of unlawful Religious contests assign'd as we have mention'd and which are ordinary and common amongst men and therefore proportionably to be watched over by the Governours of all Societies are these that follow VI. First of all The first ordinary cause of such unlawful popular contentions the false application of the Immortal Notion of Religion to things i. e. when they are taken and voted to be matters of Religion in a more eminent Notion then they deserve and are prosecuted with zeal and violence accordingly And that whether imprudently and out of Ignorance or maliciously and for evil ends it matters not so long as both wayes they are so prosecuted with Zeal and consequently such a cause of Contention And these Contentions about such matters of Religion and as all other are ordinarily very sharp In Confess fidei Aethiop apud Damianum à Goes So Zaga Zabo in his Confession of the Ethiopian Faith recites it concerning the Portugals their branding his Country-men with the names of Jewes and Mahometans because of some differences of theirs about Circumcision and the Sabboth And Cromerus recites the like Poloniae lib. 1. prop fin concerning the Russians hatred of the Romanists Ista ut nihil commune habere velint cum Latinis That it is such as that they will have nothing common with the Latines De omnium Gent. Morib lib. 2. De Tâ—rtaria as they call them And Johannes Boemus Aubanus Teutonicus concerning the Tartars that Papam Christianosque cunctos Canes appellent they call the Pope Annal. Turcic lib. prope fin in supplemento Annal in quarto circa med pag. 134 135 137 138. and all Christians Doggs And the like Leunclavius concerning the Turkish and Persian Mahometans that their differences about their Prophets are the ordinarily assigned causes of their mutual wars That they burn the Books of one another call one another Hereticks and that it is a Maxim pronounc'd by the Turkish Mufti and held popularly amongst the vulgar That it is more acceptable to God for a Turkish Mahometan to kill one Persian then seventy Christians And such as we have mention'd are the Contentions many times in the bowels of the same National Church and about things either indifferent or dubious or else very remote from the Fundamentals of any Religion either True or False and so accounted to be by all but those that kindle the flames about them Such were the differences betwixt the Sects amongst the Jewes some of them mentioned in the New Testament So the Pharisees used peculiar kinds of Apparel R. David Sophon 1.8 and Habits They would not eat till they had washed their hands Matth. 15.2 They washed their Cupps and Potts Brazen Vessels and Tables Mark 7.4 They wore broad Phylacteries and the like And the Sadduces and others differed from them in such things Joseph De bell jud lib. 2. cap. 12. Philo de vitâ Contemplativa Josep ibid. Philo. ibid. So the Essens wore white Garments drank Water bound themselves by an Oath to preserve the names of Angels kept seven Penticosts in the year and the like The like Contentions also have been in the Christian Church nay they have cost Christendome more bloud then the Martyrdomes have done Such were the Contentions in the Primitive times of it's prosperity under Constantine and the following Emperours and mention'd in the Catalogues of Heresies and by Eusebius and others in their Ecclesiastical Histories Such those about the time of observing Easter Euseb lib. 5. Cap. 22.23 Sozom. lib. 1. cap. 14. Euseb ibid. cap. 24. about the manner of Fasting for difference in which Victor the Roman Bishop excommunicated no less then all the Churches of Asia and the like Such are those also amongst the remoter Regions of Christians at this day viz. the Greek Church the Moscovians Russians Jacobites of Syria Palestine and other places concerning the Celebration of the Sacrament with unleavened bread concerning Carved and Massy Images the substance of Angels and the like Such also have been the late Controversies nearer home about many points in Church Government and concerning the modes of service and the like But I need not say any more for the evidencing this matter since it is sufficiently observable from the experience of all Ages concerning the Heresiarks in several Countries and Churches when they have had any Heresie to spread or any ends