most willingly thereunto even of reverence to the Most High with the Flower of whose sanctified Inheritance as it were with a kinde of Divine presence unless their Chiefest Civil Assemblies were so farr forth beautified as might be without any notable impediment unto their Heavenly Fâ—nctions they could not satisfie themselves as having showed towards God an Affection most duâ—iful Thus first in defect of other Civil Magistrates Secondly for the ease and quietness of Scholastical Societies Thirdly by way of Political necessity Fourthly in regard of quality care and extraordinancy Fifthly For countenance into the Ministry And lastly even of Devotion and Reverence towards God himself there may be admitted at leastwise in some Particulars well and lawfully enough a conjunction of Civil and Ecclesiastical Power except there be some such Law or Reason to the contrary as may prove it to be a thing simply in it self naught Against it many things are objected as first That the matters which are noted in the holy Scripture to have belonged unto the ordinary Office of any Minister of God's holy Word and Sacraments are these which follow with such like and no other namely The watch of the Sanctuary the business of God the Ministry of the Word and Sacraments Oversight of the House of God Watching over his Flock Prophesie Prayer Dispensations of the Mysteries of God Charge and care of mens Souls If a man would shew what the Offices and Duties of a Chirurgion or Physician are I suppose it were not his part so much as to mention any thing belonging to the one or the other in case either should be also a Souldier or a Merchant or an House-keeper or a Magistrate Because the Functions of these are different from those of the former albeit one and the same man may happily be both The Case is like when the Scripture teacheth what Duties are required in an Ecclesiastical Minister in describing of whose Office to touch any other thing than such as properly and directly toucheth his Office that way were impertinent Yea But in the Old Testament the two Powers Civil and Ecclesiastical were distinguished not onely in Nature but also in Person the one committed unto Moses and the Magistrates joyned with him the other to Aaron and his Sons Jehosophat in his Reformation doth not onely distinguish Causes Ecclesiastical from Civil and erecteth divers Courts for them but appointeth also divers Iudges With the Jews these two Powers were not so distinguished but that sometimes they might and did concâ—â— in one and the same Person Was not Ely both Priest and Judge After their return from captivity Esâ—â—as a Priest and the same their Chief Governour even in Civil Affairs also These men which urge the necessity of making always a Personal distinction of these two Powers as if by Iehosaphat's example the same Person ought not to deal in both Causes yet are not scrupulous to make men of Civil Place and Calling Presbyters and Ministers of Spiritual Jurisdiction in their own Spiritual Consistories If it be against the Jewish Precedents for us to give Civil Power unto such as have Ecclesiastical is it not as much against the same for them to give Ecclesiastical Power unto such as have Civil They will answer perhaps That their Position is onely against conjunction of Ecclesiastical Power of Order and the Power of Civil Jurisdiction in one Person But this Answer will not stand with their Proofs which make no less against the Power of Civil and Ecclesiastical Jurisdiction in one Person for of these two Powers Iehosaphat's example is Besides the contrary example of Heli and of Ezra by us alledged do plainly shew that amongst the Jewes even the power of Order Ecclesiastical and Civil Jurisdiction were sometimes lawfully united in one and the same Person Pressed further we are with our Lord and Saviour's example who denyeth his Kingdom to be of this Wold and therefore as not standing with his Calling refused to be made a King to give sentence in a criminal Cause of Adultery and in a Civil of dividing an Inheritance The Jews imagining that their Messiah should be a Potent Monarch upon Earth no marvail though when they did otherwise wonder at Christ's greatness they sought forthwith to have him invested with that kinde of Dignity to the end he might presently begin to reign Others of the Jewes which likewise had the same imagination of the Messiah and did somehat incline to think that peradventure this might be He thought good to try whether he would take upon him that which he might do being a King such as they supposed their true Messiah should be But Christ refused to be a King over them because it was no part of the Office of their Messiah as they did falsely conceive and to intermeddle in those Acts of Civil Judgement be refused also because he had no such Jurisdiction in that Common-wealth being in regard of his Civil Person a man of mean and low Calling As for repugnancy between Ecclesiastical and Civil Power or any inconvenience that these two Powers should be united it doth not appear that this was the cause of his resistance either to reign or else to judge What say we then to the blessed Apostles who teach That Souldiers intangle not themselves with the businesses of this life but leave them to the end they may please him who hath chosen them to serve and that so the good Souldiers of Christ â—ught to do The Apostles which taught this did never take upon them any Place or Office of Civil Power No they gave over the Ecclesiastical care of the Poor that they might wholly attend upon the Word and Prayer St. Paul indeed doth exhort Timothy after this manner Suffer thou evil as a noble Souldier of Iesus Christ No man warring is entangled with the affairs of Life because he must serve such as have pressed him unto Warfare The sense and meaning whereof is plain that Souldiers may not be nice and tender that they must be able to endure hardnesse that no man betaking himself unto Wars continueth entangled with such kinde of Businesses as tend only unto the ease and quiet felicity of this Life but if the service of him who hath taken them under his Banner require the hazard yea the losse of their Lives to please himâ— they must be content and willing with any difficulty any peril be it never so much against the natural desire which they have to live in safety And at this point the Clergy of God must always stand thus it behoveth them to be affected as oft as their Lord and Captain leadeth them into the field whatsoever conflicts perils or evils they are to endure Which duty being not such but that therewith the Civil Dignities which Ecclesiastical Persons amongst us do enjoy may enough stand the Exhortation of Paul to Timothy is but a slender Allegation against them As well might we gather out of this place that Men having Children or Wives
consequently to the Ministry of the Church and if it be by Gods Ordinance appertaining unto them how can it be translated from them to the Civil Magistrate Which Argument briefly drawn into form lyeth thus That which belongeth unto God may not be translated unto any other but whom he hath appointed to have it in his behalf But principality of Judgement in Church-matters appertaineth unto God which hath appointed the High-Priest and consequently the Ministry of the Church alone to have it in his behalf Ergo it may not from them be translated to the Civil Magistrate The first of which Propositions we grant as also in the second that branch which ascribeth unto God Principality in Church-matters But that either he did appoint none but onely the High-Priest to exercise the said Principality for him or that the Ministry of the Church may in reason from thence be concluded to have alone the same Principality by his appointment these two Points we deny utterly For concerning the High-Priest there is first no such Ordinance of God to be found Every High-Priest saith the Apostle is taken from amongst men and is ordained for men in things pertaining to God Whereupon it may well be gathered that the Priest was indeed Ordained of God to have Power in things appertaining unto God For the Apostle doth there mention the Power of offering Gifts and Sacrifices for Sin which kinde of Power was not onely given of God unto Priests but restrained unto Priests onely The power of Jurisdiction and ruling Authority this also God gave them but not them alone For it is held as all men know that others of the Laity were herein joyned by the Law with them But concerning Principality in Church-affairs for of this our Question is and of no other the Priest neither had it alone nor at all but in Spiritual or Church-affairs as hath been already shewed it was the Royal Prerogative of Kings only Again though it were so that God had appointed the High-Priest to have the said Principality of Government in those maters yet how can they who alledge this enforce thereby that consequently the Ministry of the Church and no other ought to have the same when they are so farr off from allowing so much to the Ministry of the Gospel as the Priest-hood of the Law had by God's appointment That we but collecting thereout a difference in Authority and Jurisdiction amongst the Clergy to be for the Polity of the Church not inconvenient they forthwith think to close up our mouths by answering That the Iewish High-Priest had authority above the rest onely in that they prefigured the Soveraignty of Iesus Christ As for the Ministers of the Gospel it is altogether unlawful to give them as much as the least Title any syllable whereof may sound to Principality And of the Regency which may be granted they hold others even of the Laity no less capable than the Pastors themselves How shall these things cleave together The truth is that they have some reason to think it not at all of the fittest for Kings to sit as ordinary Judges in matters of Faith and Religion An ordinary Judge must be of the quality which in a Supream Judge is not necessary Because the Person of the one is charged with that which the other Authority dischargeth without imploying personally himself therein It is an Errour to think that the King's Authority can have no force nor power in the doing of that which himself may not personally do For first impossible it is that at one and the same time the King in Person should order so many and so different affairs as by his own power every where present are wont to be ordered both in peace and warr at home and abroad Again the King in regard of his nonage or minority may be unable to perform that thing wherein years of discretion are requisite for personal action and yet his authority even then be of force For which cause we say that the King's authority dyeth not but is and worketh always alike Sundry considerations there may be effectual to with-hold the King's Person from being a doer of that which notwithstanding his Power must give force unto even in Civil affairs where nothing doth more either concern the duty or better beseem the Majesty of Kings than personally to administer Justice to their People as most famous Princes have done yet if it be in case of Felony of Treason the Learned in the Laws of this Realm do affirm that well may the King commit his Authority to another to judge between him and the Offender but the King being himself there a Party he cannot personally sit to give Judgement As therefore the Person of the King may for just considerations even where the cause is Civil be notwithstanding withdrawn from occupying the Seat of Judgment and others under his Authority be fit he unfit himself to judge so the considerations for which it were haply no convenient for Kings to sit and give Sentence in Spiritual Courts where Causes Ecclesiastical are usually debated can be no barr to that force and efficacy which their Soveraign Power hath over those very Consistories and for which we hold without any exception that all Courts are the Kings All men are not for all things sufficient and therefore Publick affairs being divided such Persons must be authorized Judges in each kinde as Common reason may presume to be most fit Which cannot of Kings and Princes ordinarily be presumed in Causes merely Ecclesiastical so that even Common sense doth rather adjudge this burthen unto other men We see it hereby a thing necessary to put a difference as well between that Ordinary Jurisdiction which belongeth unto the Clergy alone and that Commissionary wherein others are for just considerations appointed to joyn with them as also between both these Jurisdictions And a third whereby the King hath transcendent Authority and that in all Causes over both Why this may not lawfully be granted unto him there is no reason A time there was when Kings were not capable of any such Power as namely when they professed themselves open Enemies unto Christ and Christianity A time there followed when they being capable took sometimes more sometimes less to themselves as seemed best in their own eyes because no certainty touching their right was as yet determined The Bishops who alone were before accustomed to have the ordering of such Affairs saw very just cause of grief when the highest favouring Heresie withstood by the strength of Soveraign Authority Religious proceedings Whereupon they oftentimes against this unresistable power pleaded the use and custom which had been to the contrary namely that the affairs of the Church should be dealt in by the Clergy and by no other unto which purpose the sentences that then were uttered in defence of unabolished Orders and Laws against such as did of their own heads contrary thereunto are now altogether impertinently brought in opposition against
them who use but that Power which Laws have given them unless men can shew that there is in those Laws some manifest iniquity or injustice Whereas therefore against the force Judicial and Imperial which Supream Authority hath it is alledged how Constantine termeth Church-Officers Over-seers of things within the Church himself of those without the Church how Augustine witnesseth that the Emperor not daring to judge of the Bishop's Cause committed it to the Bishops and was to crave paâ—â—â—on of the Bishops for that by the Donatists importunity which made no end to appealing unto him he was being weary of them drawn to give sentence in a matter of theirs how Hilary beseecheth the Emperor Constance to provide that the Governors of his Provinces should not presume to take upon them the Judgement of Ecclesiastical Causes to whom onely Common-wealth matters belonged how Ambrose affirmeth that Palaces belong unto the Emperor Churches to the Minister That the Emperor hath the authority over the Common-walls of the City and not in holy things for which cause he never would yield to have the Causes of the Church debated in the Princes Consistories but excused himself to the Emperor Valentinian for that being convented to answer concerning Church-matters in a Civil Court he came not We may by these testimonies drawn from Antiquity if wellst to consider them discern how requisite it is that Authority should always follow received Laws in the manner of proceeding For inasmuch as there was at the first no certain Law determining what force the principal Civil Magistrates authority should be of how farr it should reach and what order it should observe but Christian Emperors from time to time did what themselves thought most reasonable in those affairs by this means it cometh to passe that they in their practise vary and are not uniform Vertuous Emperors such as Constantine the Great was made conscience to swerve unnecessarily from the custom which had been used in the Church even when it lived under Infidels Constantine of reverence to Bishops and their Spiritual Authority rather abstained from that which himself might lawfully do than was willing to claim a Power not fit or decent for him to exercise The Order which hath been before he ratifieth exhorting the Bishops to look to the Church and promising that he would do the Office of a Bishop over the Common-wealth which very Constantine notwithstanding did not thereby so renounce all Authority in judging of Special Causes but that sometime he took as St. Augustine witnesseth even personal cognition of them howbeit whether as purposing to give therein judicially any Sentence I stand in doubt for if the other of whom St. Augustine elsewhere speaketh did in such sort judge surely there was cause why he should excuse it as a thing not usually done Otherwise there is no lett but that any such great Person may hear those Causes to and fro debated and deliver in the end his own opinion of them declaring on which side himself doth judge that the truth is But this kinde of Sentence bindeth no side to stand thereunto it is a Sentence of private perswasion and not of solemn jurisdiction albeit a King or an Emperour pronounce it Again on the contrary part when Governours infected with Heresie were possessed of the Highest Power they thought they might use it as pleased themselves to further by all means that opinion which they desired should prevail they not respecting at all what was meet presumed to command and judge all men in all Causes without either care of orderly proceeding or regard to such Laws and Customs as the Church had been wont to observe So that the one sort feared to do even that which they might and that which the other ought not they boldly presumed upon the one sort of modesty excused themselves where they scarce needed the other though doing that which was inexcusable bare it out with main power not enduring to be told by any man how farr they roved beyond their bounds So great odds was between them whom before we mentioned and such as the younger Valentinian by whom St. Ambrose being commanded to yield up one of the Churches under him unto the Arrians whereas they which were sent on his Message alledged That the Emperour did but use his own right forasmuch as all things were in his power The Answer which the holy Bishop gave them was That the Church is the House of God and that those things that are Gods are not to be yielded up and disposed of it at the Emperors will and pleasure His Palaces he might grant to whomsoever he pleaseth but Gods own Habitation not so A cause why many times Emperours do more by their absolute Authority than could very well stand with reason was the over-great importunity of wicked Hereticks who being Enemies to Peace and Quietness cannot otherwise than by violent means be supported In this respect therefore we must needs think the state of our own Church much better settled than theirs was because our Lawes have with farr more certainty prescribed bounds unto each kinde of Power All decision of things doubtful and correction of things amiss are proceeded in by order of Law what Person soever he be unto whom the administration of Judgment belongeth It is neither permitted unto Prelates nor Prince to judge and determine at their own discretion but Law hath prescribed what both shall do What Power the King hath he hath it by Law the bounds and limits of it are known the intire Community giveth general order by Law how all things publickly are to be done and the King as the Head thereof the Highest in Authority over all causeth according to the same law every particular to be framed and ordered thereby The whole Body Politick maketh Laws which Laws gave Power unto the King and the King having bound himself to use according unto Law that power it so falleth out that the execution of the one is accomplished by the other in most religious and peaceable sort There is no cause given unto any to make supplication as Hilary did that Civil Governors to whom Common-wealth-matters only belong may not presume to take upon them the Judgement of Ecclesiastical causes If the cause be Spiritual Secular Courts do not meddle with it we need not excuse our selves with Ambrose but boldly and lawfully we may refuse to answer before any Civil Judge in a matter which is not Civil so that we do not mistake either the nature of the Cause or of the Court as we easily may do both without some better direction than can be by the rules of this new-found Discipline But of this most certain we are that our Laws do neither suffer a Spiritual Court to entertain those Causes which by the Law are Civil nor yet if the matter be indeed Spiritual a mere Civil Court to give Judgement of it Touching Supream Power therefore to command all men and in all manner
so great unto them whose deserts are very mean that nothing doth seem more strange than the one sort because they are not accounted of and the other because they are it being every man's hope and expectation in the Church of God especially that the onely purchace of greater rewards should be alwayes greater deserts and that nothing should ever be able to plant a Thorn where a Vine ought to grow Fourthly that honourable Personages and they who by vertue of any principal Office in the Common-wealth are inabled to qualifie a certain number and make them capable of favours or Faculties above others suffer not their names to be abused contrary to the true intent and meaning of wholsom Laws by men in whom there is nothing notable besides Covetousness and Ambition Fifthly that the graver and wiser sort in both Universities or whosoever they be with whose approbation the marks and recognizances of all Learning are bestowed would think the Apostle's caution against unadvised Ordinations not impertinent or unnecessary to be born in minde even when they grant those degrees of Schools which degrees are not gratia gratis data kindnesses bestowed by way of humanity but they are gratiae gratum sacientes favours which always imply a testimony given to the Church and Common-wealth concerning mens sufficiency for manners and knowledge a testimony upon the credit whereof sundry Statutes of the Realm are built a testimony so far available that nothing is more respected for the warrant of divers mens abilitie to serve in the affairs of the Realm a testimony wherein if they violate that Religion wherewith it ought to be always given and thereby do induce into errour such as deem it a thing uncivil to call the credit thereof in question let them look that God shall return back upon their heads and cause them in the state of their own Corporations to feel either one way or other the punishment of those harms which the Church through their negligence doth sustain in that behalf Finally and to conclude that they who enjoy the benefit of any special Indulgence or Favour which the Laws permit would as well remember what in duty towards the Church and in conscience towards God they ought to do as what they may do by using of their own advantage whatsoever they see tolerated no man being ignorant that the cause why absence in some cases hath been yielded unto and in equity thought sufferable is the hope of greater fruit through industry elsewhere the reason likewise wherefore pluralities are allowed unto men of note a very soveraign and special care that as Fathers in the antient World did declare the preheminence of priority in birth by doubling the worldly portions of their first-born so the Church by a course not unlike in assigning mens rewards might testifie an estimation had proportionably of their Vertues according to the antient Rule Apostolick They which excel in labour ought to excel in honour and therefore unless they answer faithfully the expectation of the Church herein unless sincerely they bend their wits day and night both to sow because they reap and to sow so much more abundantly as they reap more abundantly than other men whereunto by their very acceptance of such benignities they formally binde themselves let them be well assured that the honey which they eat with fraud shall turn in the end into true gall for as much as Laws are the sacred Image of his wisedom who most severely punisheth those colourable and subtile crimes that seldome are taken within the walk of human Justice I therefore conclude that the grounds and maxims of Common right whereupon Ordinations of Ministers unable to Preach tolerations of absence from their Cures and the multiplications of their Spiritual Livings are disproved do but indefinitely enforce them unlawful not unlawful universally and without exception that the Laws which indefinitely are against all these things and the Priviledges which make for them in certain cases are not the one repugnant to the other that the Laws of God and Nature are violated through the effects of abused Priviledges that neither our Ordinations of men unable to make Sermons nor our dispensations for the rest can be justly proved frustrate by vertue of any such surmised opposition between the special Laws of this Church which have permitted and those general which are alledged to disprove the same that when Priviledges by abuse are grown in commodious there must be redress that for remedy of such evils there is no necessity the Church should abrogate either in whole or in part the specialties before mentioned and that the most to be desired were a voluntary reformation thereof on all hands which may give passage unto any abuse OF THE LAWS OF Ecclesiastical Polity BOOK VI. Containing their Fifth Assertion That our Laws are Corrupt and Repugnant to the Laws of God in matter belonging to the Power of Ecclesiastical Iurisdiction in that we have not throughout all Churches certain Lay-Elders established for the Exercise of that Power THE same Men which in heat of Contention do hardly either speak or give ear to reason being after sharp and bitter conflicts retired to a calm remembrance of all their former proceedings the causes that brought them into quarrel the course which their striving affections have followed and the issue whereunto they are come may peradventure as troubled waâ—eâ—s in small time of their own accord by certain easie degrees settle themselves again and so recover that clearness of well advised judgment whereby they shall stand at the length indifferent both to yeild and admit any reasonable satisfaction where before they could not endure with patience to be gain-said Neither will I despair of the like success in these unpleasant Controversies touching Ecclesiastical Polity the time of silence which both parts have willingly taken to breathe seeming now as it were a pledge of all Mens quiet Contentment to hear with more indifferency the weightiest and last remains of that Cause Jurisdiction Dignity Dominion Ecclesiastical For let any Man imagin that the bare and naked difference of a few Ceremonies could either have kindled so much fire or have caused it to flame so long but that the parties which herein laboured mightily for change and as they say for Reformation had somewhat more then this mark whereat to aim Having therefore drawn out a compleat Form as they suppose of publick service to be done to God and set down their Plot for the Office of the Ministry in that behalf they very well knew how little their labours so far forth bestowed would avail them in the end without a claim of Jurisdiction to uphold the Fabrick which they had erected and this neither likely to be obtained but by the strong hand of the people not the people unlikely to favour it the more if overture were made of their own Interest right and title thereunto Whereupon there are many which have conjectured this to be the cause
why in all the projects of their Discipline it being manifest that their drift is to wrest the Key of Spiritual Authority out of the hands of former Governours and equally to possess therewith the Pastors of all several Congregations the people first for surer accomplishment and then for better defence thereof are pretended necessary Actors in those things whereunto their ability for the most part is as slender as their title and challenge unjust Notwithstanding whether they saw it necessary for them to perswade the people without whose help they could do nothing or else which I rather think the affection which they bear towards this new Form of Government made them to imagin it Gods own Ordinance Their Doctrine is that by the Law of God there must be for ever in all Congregations certain Lay-Elders Ministers of Ecclesiastical Jurisdiction in as much as our Lord and Saviour by Testament for so they presume hath left all Ministers or Pastors in the Church Executors equally to the whole power of Spiritual Jurisdiction and with them hath joyned the people as Colleagues By maintenance of which Assertion there is unto that part apparently gained a twofold advantage both because the people in this respect are much more easily drawn to favour it as a matter of their own interest and for that if they chance to be crossed by such as oppose against them the colour of Divine Authority assumed for the Grace and Countenance of that Power in the vulgar sort furnisheth their Leaders with great abundance of matter behoveful of their encouragement to proceed alwaies with hope of fortunate success in the end considering their cause to be as David's was a just defence of power given them from above and consequently their Adversaries quarrel the same with Saul's by whom the Ordinance of God was withstood Now on the contrary side if this their surmise prove false if such as in Justification whereof no evidence sufficient either hath been or can be alledged as I hope it shall clearly appear after due examination and trial let them then consider whether those words of Corah Dathan and Abiram against Moses and against Aaron It is too much that ye take upon you seeing all the Congregation is holy be not the very true Abstract and abridgment of all their published Admonitions Demonstrations Supplications and Treatises whatsoever whereby they have laboured to void the rooms of their Spiritual Superiours before Authorized and to advance the new fancied Scepter of Lay Presbyterial Power The Nature of Spiritual Iurisdiction BUt before there can be any setled Determination whether Truth do rest on their part or on ours touching Lay-Elders we are to prepare the way thereunto by explication of some things requisite and very needful to be considered as first how besides that Spiritual Power which is of Order and was instituted for performance of those duties whereof there hath been Speech already had there is in the Church no less necessary a second kind which we call the Power of Jurisdiction When the Apostle doth speak of ruling the Church of God and of receiving accusations his words have evident reference to the Power of Jurisdiction Our Saviours words to the Power of Order when he giveth his Disciples charge saying Preach Baptize Do this in Remembrance of me 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Epist ad Smyrn A Bishop saith Ignatius doth bear the Image of God and of Christ of God in ruling of Christ in administring holy things By this therefore we see a manifest difference acknowledged between the Power of Ecclesiastical Order and the power of Jurisdiction Ecclesiastical The Spiritual Power of the Church being such as neither can be challenged by right of Nature nor could by humane Authority be instituted because the forces and effects thereof are Supernatural and Divine we are to make no doubt or question but that from him which is the Head it hath descended unto us that are the Body now invested therewith He gave it for the benefit and good of Souls as a mean to keep them in the path which leadeth unto endless felicity a bridle to hold them within their due and convenient bounds and if they do go astray a forcible help to reclaim them Now although there be no kind of Spiritual Power for which our Lord Iesus Christ did not give both commission to exercise and direction how to use the same although his Laws in that behalf recorded by the holy Evangelists be the only ground and foundation whereupon the practice of the Church must sustain it self yet as all multitudes once grown to the form of Societies are even thereby naturally warranted to enforce upon their own subjects particularly those things which publick wisdom shall judge expedient for the common good so it were absurd to imagine the Church it self the most glorious amongst them abridged of this liberty or to think that no Law Constitution or Canon can be further made either for Limitation or Amplification in the practice of our Saviours Ordinances whatsoever occasion be offered through variety of times and things during the state of this inconstant world which bringeth forth daily such new evills as must of necessity by new remedies be redrest did both of old enforce our venerable Predecessor and will alwaies constrain others sometime to make sometime to abrogate sometime to augment and again to abridge sometime in sum often to vary alter and change Customs incident unto the manner of exercising that Power which doth it self continue alwaies one and the same I therefore conclude that Spiritual Authority is a Power which Christ hath given to be used over them which are subject unto it for the eternal good of their Souls according to his own most Sacred Laws and the wholsome positive Constitutions of his Church In Doctrine referred unto Action and Practice as this is which concerns Spiritual Jurisdiction the first sound and perfect understanding is the knowledge of the End because thereby both Use doth frame and Contemplation judge all things Of Penitency the chiefest End propounded by Spiritual Iurisdiction Two kinds of Penitency the one a Private Duty toward God the other a Duty of external Discipline Of the vertue of Repentance from which the former Duty proceedeth and of Contrition the first part of that Duty SEeing that the chiefest cause of Spiritual Jurisdiction is to provide for the health and safety of Mens Souls by bringing them to see and Repent their grievous offences committed against God as also to reform all injuries offered with the breach of Christian Love and Charity toward their brethren in matters of Ecclesiastical Cognizance the use of this Power shall by so much the plainlier appear if first the nature of Repentance it self be known We are by Repentance to appease whom we offend by Sin For which cause whereas all Sin deprives us of the favour of Almighty God our way of Reconciliation with him is the inward secret Repentance of the heart which inward
Government is confirmed yea strengthened it is and ratified even by the not establishment thereof in all Churches every where at the first 2. When they further dispute That if any such thing were usedful Christ would in Scripture have set down particular Statutes and Laws appointing that Bishops should be made and prescribing in what order even as the Law doth for all kinde of Officers which were needful in the Iewish Regiment might not a man that would bend his wit to maintain the fury of the Petrobrusian Hereticks in pulling down Oratories use the self-same argument with as much countenance of reason If it were needful that we should assemble our selves in Churches would that God which taught the Iews so exactly the frame of their sumptuous Temple leave us no particular instructions in writing no not so much at which way to lay any one stone Surely such kinde of Argumentation doth not so strengthen the sinews of their cause as weaken the credit of their Judgement which are led therewith 3. And whereas Thirdly in disproof of that use which Episcopal Authority hath in Judgement of Spiritual Causes they bring forth the verdict of Cyprian who saith That equity requireth every man's Cause to be heard where the fault he was charged with was committed forasmuch as there they may have both Accusers and Witnesses in the Cause This Argument grounding it self on Principles no lesse true in Civil than in Ecclesiastical Causes unless it be qualified with some exceptions or limitations over-turneth the highest Tribunal Seats both in Church and Common-wealth it taketh utterly away all appeals it secretly condemneth even the blessed Apostle himself as having transgressed the law of Equity by his appeal from the Court of Iudea unto those higher which were in Rome The generality of such kinde of axioms deceiveth unless it be construed with such cautions as the matter whereunto they are applyable doth require An usual and ordinary transportation of causes out of Africa into Italy out of one Kingdom into another as discontented Persons list which was the thing which Cyprian disalloweth may be unequal and unmeet and yet not therefore a thing unnecessary to have the Courts erectted in higher places and judgement committed unto greater Persons to whom the meaner may bring their causes either by way of appeal ot otherwise to be determined according to the order of Justice which hath been always observed every where in Civil States and is no less requisite also for the State of the Church of God The Reasons which teach it to be expedient for the one will shew it to be for the other at leastwise not unnecessary Inequality of Pastors is an Ordinance both Divine and profitable Their exceptions against it in these two respects we have shewed to be altogether causless unreasonable and unjust XIV The next thing which they upbraid us with is the difference between that inequality of Pastors which hath been of old and which now is For at length they grant That the superiority of Bishops and of Arch-bishops is somewhat antient but no such kinde of Superiority as ours have By the Laws of our Discipline a Bishop may ordain without asking the Peoples consent a Bishop may excommunicate and release alone a Bishop may imprison a Bishop may bear Civil Office in the Realm a Bishop may be a Counsellor of State these thing antient Bishops neither did nor might do Be it granted that ordinarily neither in elections nor deprivations neither in excommunicating nor in releasing the excommunicate in none of the weighty affairs of Government Bishops of old were wont to do any thing without consultation with their Clergy and consent of the People under them Be it granted that the same Bishops did neither touch any man with corporal punishment nor meddle with secular affairs and Offices the whole Clergy of God being then tyed by the strict and severe Canons of the Church to use no other than ghostly power to attend no other business than heavenly Tarquinius was in the Roman Common-wealth deservedly hated of whose unorderly proceedings the History speaketh thus Hic Regum primus traditum à Prioribus morem de omnibus Senatum consulendi solvit domesticis Consillis Rempub. administravit bellum pacem foedera societates perse ipsum cum quibus voluit injussu Populi ac Senatus fecit diremitque Against Bishops the like is objected That they are Invaders of other mens right and by intolerable usurpation take upon them to do that alone wherein antient Laws have appointed that others not they onely should bear sway Let the Case of Bishops he put not in such sort as it is but even as their very heavyest Adversaries would devise it Suppose that Bishops at the first had encroached upon the Church that by sleights and cunning practises they had appropriated Ecclesiastical as Augustus did Imperial power that they had taken the advantage of mens inclinable affections which did not suffer them for Revenue-sake to be suspected of Ambition that in the mean while their usurpation had gone forward by certain easie and unsensible degrees that being not discerned in the growth when it was thus farr grown as we now see it hath proceeded the world at length perceiving there was just cause of complaint but no place of remedy left had assented unto it by a general secret agreement to bear it now as an helpless evil all this supposed for certain and true yet surely a thing of this nature as for the Superiour to do that alone unto which of right the consent of some other Inferiours should have been required by them though it had an indirect entrance at the first must needs through continuance of so many ages as this hath stood be made now a thing more natural to the Church than that it should be opprest with the mention of contrary Orders worn so many ages since quite and clean out of ure But with Bishops the case is otherwise For in doing that by themselves which others together with them have been accustomed to do they do not any thing but that whereunto they have been upon just occasion authorized by orderly means All things natural have in them naturally more or less the power of providing for their own safety And as each particular man hath this power so every Politick Society of men must needs have the same that thereby the whole may provide for the good of all parts therein For other benefit we have not any by sorting our selves into Politick Societies saving only that by this mean each part hath that relief which the vertue of the whole is able to yield it The Church therefore being a Politick Society or Body cannot possibly want the power of providing for it self And the chiefest part of that power consisteth in the Authority of making Laws Now forasmuch as Corporations are perpetual the Laws of the antienter Church cannot chuse but binde the latter while they are in force But we
consisteth in the matter about which the actions of each are conversant and not in this that Civil Royalty admitteth but one Ecclesiastical Government requireth many Supreme Correctors Which Allegation were it true would prove no more than only that some certain number is necessary for the assistance of the Bishop But that a number of such as they do require is necessary how doth it prove Wherefore albeit Bishops should now do the very same which the Antients did using the Colledge of Presbyters under them as their Assistants when they administer Church-Censures yet should they still swerve utterly from that which these men so busily labour for because the Agents whom they require to assist in those Cases are a sort of Lay-Elders such as no antient Bishop ever was assisted with Shall these fruitless jarrs and janglings never cease shall we never see end of them How much happier were the World if those eager Task-masters whose eyes are so curious and sharp in discerning what should be done by many and what by few were all changed into painful doers of that which every good Christian man ought either only or chiefly to do and to be found therein doing when that great and glorious Judge of all mens both deeds and words shall appear In the mean while be it One that hath this charge or be they Many that be his Assistants let there be careful provision that Justice may be administred and in this shall our God be glorified more than by such contentious Disputes XV. Of which nature that also is wherein Bishops are over and besides all this accused to have much more excessive power than the antient in as much as unto their Ecclesiastical authority the Civil Magistrate for the better repressing of such as contemn Ecclesiastical censures hath for divers ages annexed Civil The crime of Bishops herein is divided into these two several branches the one that in Causes Ecclesiastical they strike with the sword of Secular punishments the other that Offices are granted them by vertue whereof they meddle with Civil Affairs Touching the one it reacheth no farther than only unto restraint of liberty by imprisonment which yet is not done but by the Laws of the Land and by vertue of authority derived from the Prince A thing which being allowable in Priests amongst the Jews must needs have received some strange alteration in nature since if it be now so pernicious and venomous to be coupled with a Spiritual Vocation in any man which beareth Office in the Church of Christ. Shemaia writing to the Colledge of Priests which were in Ierusalem and to Zâ—phania the principal of them told them they were appointed of God that they might be Officers in the House of the Lord for every man which raved and did make himselfe a Prophet to the end that they might by the force of this their authority put such in Prison and in the Stocks His malice is reproved for that he provoketh them to shew their power against the innocent But surely when any man justly punishable had been brought before them it could be no unjust thing for them even in such sort then to have punished As for Offices by vertue whereof Bishops have to deal in Civil Affairs we must consider that Civil Affairs are of divers kindesâ— and as they be not all fit for Ecclesiastical Persons to meddle with so neither is it necessary nor at this day haply convenient that from meddling with any such thing at all they all should without exception be secluded I will therefore set down some few causes wherein it cannot but clearly appear unto reasonable men that Civil and Ecclesiastical Functions may be lawfully united in one and the same Person First therefore in case a Christian Society be planted amongst their professed enemies or by toleration do live under some certain State whereinto they are not incorporated whom shall we judge the meetest men to have the hearing and determining of such mere civil Controversies as are every day wont to grow between man and man Such being the state of the Church of Corinth the Apostle giveth them this direction Dare any of you having business against another be judged by the unjust and not under Saints Do ye not know that the Saints shall judge the World If the World then shall be judged by you are ye unworthy to judge the smallest matters Know ye not that we shall judge the Angels How much more things that appertain to this life If then ye have judgement of things pertaining to this life set up them which are least esteemed in the Church I speak it to your shame Is it so that there is not a wise man amongst you us not one that can judge between his Brethren but a Brother goeth to law with a Brother and that under the Infidels Now therefore there is utterly a fault among you because ye go to Law one with another Why rather suffer ye not wrong why rather sustain ye not harm In which Speech there are these degrees Better to suffer and to put up Injuries than to contend better to end contention by Arbitrement then by Judgement better by Judgement before the wisest of their own than before the simpler better before the simplest of their own than the wisest of them without So that if judgement of Secular affairs should be committed unto wise men unto men of chiefest Credit and Account amongst them when the Pastors of their Souls are such Who more fit to be also their Judges for the ending of strikes The wisest in things divine may be also in things humane the most skilful At leastwise they are by likelihood commonly more able to know right from wrong than the common un-lettered sort And what St. Augustin did hereby gather his own words do sufficiently show I call God to witness upon my Soul saith he that according to the Order which is kept in well-ordered Monasteries I could wish to have every day my hours of labouring with my hands my hours of reading and of praying rather than to endure these most tumultuous perplexities of other men's causes which I am forced to bear while I travel in Secular businesses either by judging to discuss them or to cut them off by intreaty Unto which toyles that Apostle who himself sustained them not for any thing we read hath notwithstanding â—yed us not of his own accord but being thereunto directed by that Spirit which speaks in him His own Apostleship which drew him to travel up and down suffered him not to be any where settled for this purpose wherefore the wise faithful and holy men which were seated here and there and not them which travelled up and down to preach he made Examiners of such Businesses Whereupon of him it is no where written that he had leisure to attend these things from which we cannot excuse our selves although we be simple because even such he requireth if wise men cannot be had rather than
in dealing is tyed unto the soundest perfectest and most indifferent Rule which Rule is the Law I mean not only the Law of Nature and of God but the National Law consonant thereunto Happier that people whose Law is their King in the greatest things then that whose King is himself their Law where the King doth guide the State and the Law the King that Common-wealth is like an Harp or Melodious Instrument the strings whereof are turned and handled all by one hand following as Laws the Rules and Canons of Musical Science Most divinely therefore Archytas maketh unto publike felicity these four steps and degrees every of which doth spring from the former as from another cause 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The King ruling by Law the Magistrate following the Subject free and the whole Society happy Adding on the contrary side that where this order is not it cometh by transgression thereof to pass that a King groweth a Tyrant he that ruleth under him abhorreth to be guided by him or commanded the people subject unto both have freedome under neither and the whole Community is wretched In which respect I cannot chuse but commend highly their wisdom by whom the Foundations of the Common-wealth hath been laid wherein though no manner of Person or cause be unsubject unto the Kings Power yet so is the Power of the King over all and in all limited that unto all his proceedings the Law it self is a rule The Axioms of our Regal Government are these Lex facit regem The Kings Grant of any favour made contrary to the Law is void Rex nibil potest nisi quod jure potest Our Kings therefore when they are to take possession of the Crown they are called unto have it pointed our before their eyes even by the very Solemnities and Rites of their Inauguration to what affairs by the same Law their Supream Power and Authority reacheth crowned we see they are enthronized and annointed the Crown a Sign of a Military Dominion the Throne of Sedentary or Judicial the Oyl of Religious and Sacred Power It is not on any side denied that Kings may have Authority in Secular affairs The Question then is What power they may lawfully have and exercise in causes of God A Prince or Magistrate or a Community saith Doctor Stapleton may have power to lay corporal punishment on them which are teachers of perverse things power to make Laws for the Peace of the Church Power to proclaim to defend and even by revenge to preserve dogmata the very Articles of Religion themselves from violation Others in affection no less devoted unto the Papacy do likewise yield that the Civil Magistrate may by his Edicts and Laws keep all Ecclesiastical Persons within the bounds of their duties and constrain them to observe the Canons of the Church to follow the rule of ancient Discipline That if Ioash was commended for his care and provision concerning so small a part of Religion as the Church-treasure it must needs be both unto Christian Kings themselves greater honour and to Christianity a larger benefit when the custody of Religion and the worship of God in general is their charge It therefore all these things mentioned be most properly the affairs of Gods Ecclesiastical causes if the actions specified be works of power and if that power be such as Kings may use of themselves without the fear of any other power superior in the same thing it followeth necessarily that Kings may have supream power not only in Civil but also in Ecclesiastical affairs and consequently that they may withstand what Bishop or Pope soever shall under the pretended claim of higher Spiritual Authority oppose themselves against their proceedings But they which have made us the former grant will never hereunto condescend what they yield that Princes may do it is with secret exception always understood If the Bishop of Rome give leave if he enterpose no prohibition wherefore somewhat it is in shew in truth nothing which they grant Our own Reformes do the very like when they make their discourse in general concerning the Authority which Magistrates may have a man would think them to be far from withdrawing any jot of that which with reason may be thought due The Prince and Civil Magistrate saith one of them hath to see the Laws of God touching his Worship and touching all Matters and all Orders of the Church to be executed and duly observed and to see every Ecclesiastical Person do that office whereunto he is appointed and to punish those which fail in their office accordingly Another acknowledgeth That the Magistrate may lawfully uphold all truth by his Sword punish all persons enforce all to their duties towards God and men maintain by his Laws every point of Gods Word punish all vice in all men see into all causes visit the Ecclesiastical Estate and correct the abuses thereof Finally to look to his Subjects that under him they may lead their lives in all godliness and honesty◠A third more frankly prosesseth That in case their Church Discipline were established so little it shortneth the Arms of Soveraign Dominion in causes Ecclesiastical that Her Gracious Majesty for any thing they teach or hold to the contrary may no less then now remain still over all persons in all things Supream Governess even with that full and Royal Authority Superiority and Preheminence Supremacy and Prerogative which the Laws already established do give her and her Majesties Injunctions and the Articles of the Convocation house and other writings Apologetical of her Royal Authority and Supream Dignity do declare and explain Possidonius was wont to say of the Epicure That he thought there were no Gods but that those things which he spake concerning the Gods were only given out for fear of growing adious amongst men and therefore that in words he left gods remaining but in very deed overthrew them in so much as he gave them no kind of Action After the very self same manner when we come unto those particular effects Prerogatives of Dominion which the Laws of this Land do grant unto the Kings thereof it will appear how these men notwithstanding their large and liberal Speeches abate such parcels out of the afore alleadged grant and flourishing shew that a man comparing the one with the other may half stand in doubt lest their Opinion in very truth be against that Authority which by their Speeches they seem mightily to uphold partly for the avoiding of publike obloquie envie and hatred partly to the intent they may both in the cad by the establishment of their Discipline extinguish the force of Supream Power which Princes have and yet in the mean while by giving forth these smooth Discourses obtain that their savourers may have somewhat to alleadge for them by way of Apologie and that such words only sound towards all kind of fulness of Power But for my self I had rather construe such their contradictions in the better
part and impute their general acknowledgment of the lawfullness of Kingly Power unto the force of truth presenting it self before them sometimes above their particular contrarieties oppositions denyals unto that errour which having so fully possest their minds casteth things inconvenient upon them of which things in their due place Touching that which is now in hand weare on all sides fully agreed First that there is not any restraint or limitation of matter for regal Authority and Power to be conversant in but of Religion onely and of whatsoever cause thereunto appertaineth Kings may lawfully have change they lawfully may therein exercise Dominion and use the temporal Sword Secondly that some kind of actions conversant about such affairs are denyed unto Kings As namely Actions of Power and Order and of Spiritual Jurisdiction which hath with it inseparably joyned Power to Administer the Word and Sacraments power to Ordain to Judge as an Ordinary to bind and loose to Excommunicate and such like Thirdly that even in those very actions which are proper unto Dominion there must be some certain rule whereunto Kings in all their proceedings ought to be strictly tyed which rule for proceeding in Ecclesiasticall affairs and causes by Regal Power hath not hitherto been agreed upon with such uniform consent and certainty as might be wished The different sentences of men herein I will now go about to examine but it shall be enough to propose what Rule doth seem in this case most reasonable The case of deriving Supream Power from a whole intire multitude into some special part thereof as partly the necessity of expedition in publick affairs partly the inconvenience of confusion and trouble where a multitude of Equals dealeth and partly the dissipation which must needs ensue in companies where every man wholly seeketh his own particular as we all would do even with other mens hurts and haply the very overthrow of themselves in the end also if for the procurement of the common good of all men by keeping every several man is order some were not invested with Authority over all and encouraged with Prerogative-Honour to sustain the weighty burthen of that charge The good which is proper unto each man belongeth to the common good of all as part to the whole perfection but these two are things different for men by that which is proper are severed united they are by that which is common Wherefore besides that which moveth each man in particular to seek his own private good there must be of necessity in all publick Societies also a general mover directing unto common good and framing every mans particular unto it The end whereunto all Government was instituted was Bonum publicum the Universal or Common good Our question is of Dominion for that end and purpose derived into one such as all in one publick State have agreed that the Supream charge of all things should be committed unto one They I say considering what inconveniency may grow where States are subject unto sundry Supream Authorities have for fear of these inconveniencies withdrawn from liking to establish many 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the multitude of Supream Commanders is troublesome No Nan saith our Saviour can serve two Masters surely two supream Masters would make any ones service somewhat uneasie in such cases as might fall out Suppose that to morrow the Power which hath Dominion in Justice require thee at the Court that which in War at the Field that which in Religion at the Temple all have equal Authority over thee and impossible it is that then in such case thou shouldst be obedient unto all By chusing any one whom thou wilt obey certain thou art for thy disobedience to incur the displeasure of the other two But there is nothing for which some comparable reason or other may not be found are we able to shew any commendable State of Government which by experience and practice hath felt the benefit of being in all causes subject unto the Supream Authority of one Against the policy of the Israelites I hope there will no man except where Moses deriving so great a part of his burthen in Government unto others did notwithstanding retain to himself Universal Supremacy Iehosaphat appointing one to be chosen in the affairs of God and another in the Kings affair's did this as having Dominion over them in both If therefore from approbation of Heaven the Kings of Gods own chosen people had in the affairs of Jewish Religion Supream Power why not Christian Kings the like also in Christian Religion First unless men will answer as some have done That the Jews Religion was of far less perfection and dignity then ours our being that truth whereof theirs was but a shadowish prefigurative resemblance Secondly That all parts of their Religion their Laws their Sacrifices and their Rights and Ceremonies being fully set down to their hands and needing no more but only to be put in execution the Kings might well have highest Authority to see that done whereas with us there are a number of Mysteries even in Belief which were not so generally for them as for us necessary to be with sound express acknowledgement understood A number of things belonging to external Government and our manner of serving God not set down by particular Ordinances and delivered to us in writing for which cause the State of the Church doth now require that the Spiritual Authority of Ecclesiastical persons be large absolute and not subordinate to Regal power Thirdly That whereas God armeth Religion Iewish as Christian with the Temporal sword But of Spiritual punishment the one with power to imprison to scourge to put to death The other with bare authority to Censure and excommunicate There is no reason that the Church which hath no visible sword should in Regiment be subject unto any other power then only unto theirs which have authority to bind and loose Fourthly That albeit whilst the Church was restrained unto one people it seemed not incommodious to grant their King the general Chiefty of Power yet now the Church having spread it self over all Nations great inconveniences must therby grow if every Christian King in his several Territory shall have the like power Of all these differences there is not one which doth prove it a thing repugnant to the Law either of God or of Nature that all Supremacy of external Power be in Christian Kingdoms granted unto Kings thereof for preservation of quietness unity order and peace in such manner as hath been shewed Of the Title of Headship FOr the Title or State it self although the Laws of this Land have annexed it to the Crown yet so far◠we should not strive if so be men were nice and scrupulous in this behalf only because they do wish that for reverence to Christ Jesus the Civil Magistrate did rather use some other form of speech wherewith to express that Soveraign Authority which he lawfully hath overall both
hands of our Lord Jesus Christ with all reverence not disdaining to be taught and admonished by them nor with-holding from them as much as the least part of their due and decent honour All which for any thing that hath been alleadged may stand very well without resignation of Supremacy of Power in making Laws even Laws concerning the most Spiritual Affairs of the Church which Laws being made amongst us are not by any of us so taken or interpreted as if they did receive their force from power which the Prince doth communicate unto the Parliament or unto any other Court under him but from Power which the whole Body of the Realm being naturally possest with hath by free and deliberate assent derived unto him that ruleth over them so farr forth as hath been declared so that our Laws made concerning Religion do take originally their essence from the power of the whole Realm and Church of England than which nothing can be more consonant unto the law of Nature and the will of our Lord Jesus Christ. To let these go and return to our own Men Ecclesiastical Governours they say may not meddle with making of Civil Laws and of Laws for the Common-wealth nor the Civil Magistrate high or low with making of Orders for the Church It seemeth unto me very strange that these men which are in no cause more vehement and fierce than where they plead that Ecclesiastical Persons may not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be Lords should hold that the power of making Ecclesiastical Laws which thing of all other is most proper unto Dominion belongeth to none but Ecclesiastical Persons onely Their oversight groweth herein for want of exact observation what it is to make a Law Tully speaking of the Law of Nature saith That thereof God himself was Inventor Disceptator Lator the Deviser the Discusser and Deliverer wherein he plainly alludeth unto the chiefest parts which then did appertain to his Publick action For when Laws were made the first thing was to have them devised thesecond to sift them with as much exactness of Judgement as any way might be used the next by solemn voyce of Soveraign Authority to pass them and give them the force of Laws It cannot in any reason seem otherwise than most fit that unto Ecclesiastical Persons the care of devising Ecclesiastical Laws be committed even as the care of Civil unto them which are in those Affairs most skilful This taketh not away from Ecclesiastical Persons all right of giving voyce with others when Civil Laws are proposed for Regiment of the Common-wealth whereof themselves though now the World would have them annihilated are notwithstanding as yet a part much less doth it cut off that part of the power of Princes whereby as they claim so we know no reasonable cause wherefore we may not grant them without offence to Almighty God so much Authority in making all manner of Laws within their own Dominions that neither Civil nor Ecclesiastical do pass without their Royal assent In devising and discussing of Laws Wisdom especially is required but that which establisheth them and maketh them is Power even Power of Dominion the Chiefty whereof amongst us resteth in the Person of the King Is there any Law of Christs which forbiddeth Kings and Rulers of the Earth to have such Soveraign and Supream Power in the making of Laws either Civil or Ecclesiastical If there be our controversie hathan end Christ in his Church hath not appointed any such Law concerning Temporal Power as God did of old unto the Common-wealth of Israel but leaving that to be at the World 's free choice his chiefest care is that the Spiritual Law of the Gospel might be published farr and wide They that received the Law of Christ were for a long time People scattered in sundry Kingdoms Christianity not exempting them from the Laws which they had been subject unto saving only in such cases as those Laws did injoyn that which the Religion of Christ did forbid Hereupon grew their manifold Persecutions throughout all places where they lived as oft as it thus came to pass there was no possibility that the Emperours and Kings under whom they lived should meddle any whit at all with making Laws for the Church From Christ therefore having received Power who doubteth but as they did so they might binde them to such Orders as seemed fittest for the maintenance of their Religion without the leave of high or low in the Common-wealth for as much as in Religion it was divided utterly from them and they from it But when the mightiest began to like of the Christian Faith by their means whole Free-States and Kingdoms became obedient unto Christ. Now the question is Whether Kings by embracing Christianity do thereby receive any such Law as taketh from them the weightiest part of that Soveraignty which they had even when they were Heathens Whether being Infidels they might do more in causes of Religion than now they can by the Laws of God being true Believers For whereas in Regal States the King or Supream Head of the Common-wealth had before Christianity a supream stroak in making of Laws for Religion he must by embracing Christian Religion utterly deprive himself thereof and in such causes become subject unto his Subjects having even within his own Dominions them whose commandment he must obey unlesse his Power be placed in the Head of some foreign Spiritual Potentate so that either a foreign or domestical Commander upon Earth he must admit more now than before he had and that in the chiefest things whereupon Common-wealths do stand But apparent it is unto all men which are not Strangers unto the Doctrine of Jesus Christ that no State of the World receiving Christianity is by any Law therein contained bound to resign the Power which they lawfully held before but over what Persons and in what causes soever the same hath been in force it may so remain and continue still That which as Kings they might do in matters of Religion and did in matter of false Religion being Idolatrous and Superstitious Kings the same they are now even in every respect fully authorized to do in all affairs pertinent to the state of true Christian Religion And concerning the Supream Power of making Laws for all Persons in all causes to be guided by it is not to be let passe that the head Enemies of this Headship are constrained to acknowledge the King endued even with this very Power so that he may and ought to exercise the same taking order for the Church and her affairs of what nature of kinde soever in case of necessity as when there is no lawful Ministry which they interpret then to be and this surely is a point very remarkable wheresoever the Ministry is wicked A wicked Ministry is no lawful Ministry and in such sort no lawful Ministry that what doth belong unto them as Ministers by right of their calling the same to be annihilated in
necessary for decision of Controversies rising between man and man and for correction of faults committed in the Affairs of God unto the due execution whereof there are three things necessary Laws Judges and Supream Governours of Judgements What Courts there shall be and what causes shall belong unto each Court and what Judges shall determine of every cause and what Order in all Judgements shall be kept of these things the Laws have sufficiently disposed so that his duty who sitteth in any such Court is to judge not of but after the same Law Imprimis illud observare debet Iudex ne aliter judicet quam legibus constitutionibus aut moribus proditum est ut Imperator Iustinianaus which Laws for we mean the positive Laws of our Realm concerning Ecclesiastical Affairs if they otherwise dispose of any such thing than according to the Law of Reason and of God we must both acknowledge them to be amiss and endeavour to have them reformed But touching that point what may be objected shall after appear Our Judges in Causes Ecclesiastical are either Ordinary or Commissionary Ordinary those whom we term Ordinaries and such by the Laws of this Land are none but Prelates onely whose Power to do that which they do is in themselves and belonging to the nature of their Ecclesiastical calling In Spiritual Causes a Lay-Person may be no Ordinary a Commissionary Judge there is no lett but that he may be and that our Laws do evermore referr the ordinary Judgement of Spiritual Causes unto Spiritual Persons such as are termed Ordinaries no man which knoweth any thing of the Practice of this Realm can easily be ignorant Now besides them which are Authorized to judge in several Territories there is required an universal Power which reacheth over all imparting Supream Authority of Government over all Courts all Judges all Causes the operation of which Power is as well to strengthen maintain and uphold particular Jurisdictions which haply might else be of small effect as also to remedy that which they are not able to help and to redress that wherein they at any time do otherwise than they ought to do This Power being sometime in the Bishop of Rome who by sinister Practises had drawn it into his hands was for just considerations by Publick consent annexed unto the Kings Royal Seat and Crown from thence the Authors of Reformation would translate it into their National Assemblies or Synods which Synods are the onely helps which they think lawful to use against such Evils in the Church as particular Jurisdictions are not sufficient to redress In which Cause our Laws have provided that the Kings supereminent Authority and Power shall serve As namely when the whole Ecclesiastical State or the Principal Persons therein do need Visitation and Reformation when in any part of the Church Errours Schismes Herusies Abuses Offences Contempts Enormities are grown which men in their several Jurisdictions either do not or cannot help Whatsoever any Spiritual Authority and Power such as Legates from the See of Rome did sometimes exercise hath done or might heretofore have done for the remedies of those Evils in lawful sort that is to say without the violation of the Laws of God or Nature in the deed done as much in every degree our Laws have fully granted that the King for ever may do not onely be setting Ecclesiastical Synods on work that the thing may be their Act and the King their Motioner unto it for so much perhaps the Masters of the Reformation will grant but by Commissions few or many who having the Kings Letters Patents may in the vertue thereof execute the premises as Agents in the right not of their own peculiar and ordinary but of his supereminent Power When men are wronged by inferiour Judges or have any just cause to take exception against them their way for Redress is to make their Appeal and Appeal is a present delivery of him which maketh it out of the hands of their Power and Jurisdictions from whence it is made Pope Alexander having sometimes the King of England at advantage caused him amongst other things to agree that as many of his Subjects as would might have appeal to the Court of Rome And thus saith one that whereunto a mean Person at this day would scorn to submit himself so great a King was content to he subject to Notwithstanding even when the Pope saith he had so great Authority amongst Princes which were farr off the Romans he could not frame to obedience nor was able to obtain that himself might abide at Rome though promising not to meddle with other than Ecclesiastical Affairs So much are things that terrifie more feared by such as behold them aloof off than at hand Reformers I doubt not in some Causes will admit Appeals but Appeals made to their Synods even as the Church of Rome doth allow of them so they be made to the Bishop of Rome As for that kinde of Appeal which the English Laws do approve from the Judge of any certain particular Court unto the King as the onely Supream Governour on Earth who by his Delegates may give a final definitive Sentence from which no farther Appeal can be made Will their Plat-form allow of this Surely forasmuch as in that estate which they all dream of the whole Church must be divided into Parishes in which none can have greater or less Authority and Power than another again the King himself must be but a common Member in the Body of his own Parish and the causes of that onely Parish must be by the Officers thereof determinable In case the King had so much favour or preferment as to be made one of those Officers for otherwise by their positions he were not to meddle any more than the meanest amongst his Subjects with the Judgement of any Ecclesiastical Cause how is it possible they should allow of Appeals to be made from any other abroad to the King To receive Appeals from all other Judges belongeth to the highest in power of all and to be in power over All as touching Judgment in Ecclesiastical Causes this as they think belongeth onely to Synods Whereas therefore with us Kings do exercise over all Things Persons and Causes Supream Power both of voluntary and litigious Jurisdictionsâ— so that according to the one they incite reform and command according to the other they judge universally doing both in farr other sort than such as have ordinary Spiritual power oppugned we are herein by some colourable shew of Argument as if to grant thus much to any Secular Person it were unreasonable For sith it is say they apparent out of the Chronicles that judgement in Church-matters pertaineth to God Seeing likewise it is evident out of the Apostles that the High-Priest is set over those matters in Gods behalf It must needs follow that the Principality or direction of the Iudgment of them is by Gods ordinance appertaining to the High-Priest and
a Minister to Preach Christ crucified In regard whereof not onely worldly things but things otherwise precious even the Discipline it self is vile and base Whereas now by the heat of Contention and violence of Affection the Zeal of Men towards the one hath greatly decayed their love to the other Hereunto therefore they are to be exhorted to Preach Christ crucified the Mortification of the Flesh the Renewing of the Spirit not those things which in time of Strife seem precious but Passions being allayed are vain and childish GEO. CRANMER This Epitaph was long since presented to the World in Memory of Mr. Hooker by Sir William Cooper who also built him a fair Monument in Borne-Church and acknowledges him to have been his Spiritual Father THough nothing can be spoke worthy his Fame Or the Remembrance of that precious Name Iudicious Hooker though this cost be spent On him that hath a Lasting Monument In his own Books yet ought we to express If not his Worth yet oue Respectfulness Church Ceremonies he maintaiu'd Then Why Without all Ceremony should he die Was it because his Life and Death should be Both equal Patterns of Humility Or that perhaps this onely glorious one Was above all to ask Why had he none Yet he that lay so long obscurely low Doth now preferr'd to greater Honors go Ambitious men Learn hence to be more wise Humility is the true way to rise And God in me this Lesson did Inspire To bid this humble Man Friend sit up higher TO THE Most Reverend Father in GOD my very good Lord the Lord Archbishop of CANTERBURY his Grace Primate and Metropolitan of all ENGLAND MOst Reverend in Christ the long continued and more then ordinary favor which hither to your Grace hath been pleased to shew towards me may justly claim at my hands some thankful acknowledgment thereof In which consideration as also for that I embrace willingly the ancient received course and conveniency of that Discipline which teacheth inferior Degrees and Orders in the Church of God to submit their Writings to the same Authority from which their allowable dealings whatsoever in such affairs must receive approbation I nothing fear but that your accustomed clemency will take in good worth the offer of these my simple and mean Labors bestowed for the necessary justification of Laws heretofore made questionable because as I take it they were not perfectly understood For surely I cannot finde any great cause of just complaint that good Laws have so much been wanting unto us as we to them To seek Reformation of evil Laws is a commendable endeavor but for us the more necessary is a speedy redress of our selves We have on all sides lost much of our first fervency towards God and therefore concerning our own degenerated ways we have reason to exhort with St. Gregory 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Let us return again unto that which we sometime were but touching the exchange of Laws in Practice with Laws in Device which they say are better for the State of the Church if they might take place the farther we examine them the greater cause we finde to conclude 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 although we continue the same we are the harm is not great These fervent Reprehenders of things established by Publick Authority are always confident and bold spirited men But their confidence for the most part riseth from too much credit given to their own wits for which cause they are seldom free from Error The Errors which we seek to reform in this kinde of men are such as both received at your own hands their first wound and from that time to this present have been proceeded in with that Moderation which useth by Patience to suppress boldness and to make them conquer that suffer Wherein considering the nature and kinde of these Controversies the dangerous sequels whereunto they were likely to grow and how many ways we have been thereby taught Wisdom I may boldly aver concerning the first that as the weightiest conflicts the Church hath had were those which touched the Head the Person of our Savior Christ and the next of importance those questions which are at this day between us and the Church of Rome about the Actions of the Body of the Church of God so these which have lastly sprung up from Complements Rites and Ceremonies of Church Actions are in truth for the greatest part such silly things that very easiness doth make them hard to be disputed of in serious manner Which also may seem to be the cause why divers of the Reverend Prelacy and other most judicious men have especially bestowed their pains about the Matter of Jurisdiction Notwithstanding led by your Graces example my self have thought it convenient to wade through the whole Cause following that method which searcheth the Truth by the causes of Truth Now if any marvel how a thing in it self so weak could import any great danger they must consider not so much how small the spark is that flieth up as how apt things about it are to take fire Bodies Politick being subject as much as Natural to dissolution by divers means there are undoubtedly more estates overthrown through diseases bred within themselves then through violence from abroad because our manner is always to cast a doubtful and a more suspicious eye towards that over which we know we have least power And therefore the fear of External dangers causeth forces at home to be the more united It is to all sorts a kinde of Bridle it maketh vertuous Mindes watchful it holdeth contrary Dispositions in suspense and it setteth those Wits on work in better things which could be else imployed in worse whereas on the other side domestical Evils for that we think we can master them at all times are often permitted to run on forward till it be too late to recal them In the mean while the Commonwealth is not onely through unsoundness so far impaired as those evils chance to prevail but farther also through opposition arising between the unsound parts and the sound where each endeavoreth to draw evermore contrary ways till destruction in the end bring the whole to ruine To reckon up how many Causes there are by force whereof Divisions may grow in a Commonwealth is not here necessary Such as rise from variety in Matter of Religion are not onely the farthest spred because in Religion all men presume themselves interessed alike but they are also for the most part hotlier prosecuted and pursued then other strifes for as much as coldness which in other Contentions may be thought to proceed from Moderation is not in these so favorably construed The part which in this present quarrel striveth against the Current and Stream of Laws was a long while nothing feared the wisest contented not to call to minde how Errors have their effect many times not proportioned to that little appearance of Reason whereupon they would seem built but rather to the vehement affection or
regard the present State of the highest Governor placed over us if the quality and disposition of our Nobles if the Orders and Laws of our famous Universities if the Profession of the Civil or the Practice of the Common Law amongst us if the mischiefs whereinto even before our eyes so many others have faln head-long from no less plausible and fair beginnings then yours are There is in every of these Considerations most just cause to fear lest our hastiness to embrace a thing of so perilous consequence should cause Posterity to feel those evils which as yet are more easie for us to prevent then they would be for them to remedy 9. The best and safest way for you therefore my dear Brethren is To call your Deeds past to a new reckoning to re-examine the cause ye have taken in hand and to try it even point by point argument by argument with all the diligent exactness ye can to lay aside the Gall of that Bitterness wherein your mindes have hitherto ever-abounded and with meekness to search the Truth Think ye are Men deem it not impossible for you to err sift unpartially your own hearts whether it be force of Reason or vehemency of Affection which hath bred and still doth feed these Opinions in you If Truth do any where manifest it self seek not to smother it with gloâ—ing Delusion acknowledge the greatness thereof and think it your best Victory when the same doth prevail over youâ— That ye have been earnest in speaking or writing again and again the contrary way should be noblemish or discredit at all unto you Amongst so many so huge Volumes as the infinite pains of St. Augustine have brought forth what one hath gotten him greater love commendation and honor then the Book wherein he carefully collecteth his own over-sights and sincerely condemneth them Many speeches there are of Jobs whereby his Wisdom and other Vertues may appear but the glory of an ingenuous minde he hath purchased by these words onely Behold I will lay mine hand on my mouth I have spoken once yet will I not therefore maintain Argument yea twice howbeit for that cause further I will not proceed Far more comfort it were for us so small is the joy we take in these strises to labor under the same yoke as men that look for the same eternal reward of their labors to be enjoyned with you in Bands of indissoluble Love and Amity to live as if our persons being many our souls were but one rather than in such dismembred sort to spend our few and wretched days in a tedious prosecuting of wearisome contentions the end whereof if they have not some speedy end will be heavy even on both sides Brought already we are even to that estate which Gregory Nazianzen mournfully describeth saying My minde leadeth me sith there is no other remedy to flie and to convey my self into some corner out of sight where I may scape from this cloudy tempest of maliciousness whereby all parts are entred into a deadly war amongst themselves and that little remnant of love which was is now consumed to nothing The onely godliness we glory in is to finde out somewhat whereby we may judge others to be ungodly Each others faults we observe as matter of exprobration and not of grief By these means we are grown hateful in the eyes of the Heathens themselves and which woundeth us the more deeply able we are not to deny but that we have deserved their hatred With the better sort of our own our fame and credit is clean lost The less we are to marvel if they judge vilely of us who although we did well would hardly allow thereof On our backs they also build that are leud and what we object one against another the same they use to the utter scorn and disgrace of us all This we have gained by our mutual home-dissentions This we are worthily rewarded with which are more forward to strive then becometh men of vertuous and milde disposition But our trust in the Almighty is that with us Contentions are now at the highest flote and that the day will come for what cause of despair is there when the Passions of former Enmity being allayed we shall with ten times redoubled tokens of our unfeignedly reconciled love shew our selves each towards other the same which Joseph and the Brethren of Joseph were at the time of their enterview in Egypt Our comfortable expectation and most thirsty desire whereof what man soever amongst you shall any way help to satisfie as we truly hope there is no one amongst you but some way or other will The blessings of the God of Peace both in this World and in the World to come be upon him more then the Stars of the Firmament in number WHAT THINGS ARE HANDLED In the following BOOKS BOOK I. COncerning LAWS in General BOOK II. Of the use of Divine Law contained in Scripture Whether that be the onely Law which ought to serve for our Direction in all things without exception BOOK III. Of Laws concerning Ecclesiastical Polity Whether the Form thereof be in Scripture so set down that no Addition or Charge is lawful BOOK IV. Of General Exceptions taken against the Laws of our Polity as being Popish and banished out of certain Reformed Churches BOOK V. Of our Laws that concern the Publick Religious Duties of the Church and the manner of bestowing that Power of Order which enableth Men in sundry Degrees and Callings to execute the same BOOK VI. Of the Power of Iurisdiction which the Reformed Platform claimeth unto Lay-Elders with others BOOK VII Of the Power of Iurisdiction and the Honor which is annexed thereunto in Bishops BOOK VIII Of the Power of Ecclesiastical Dominion or Supream Authority which with us the highest Governor or Prince hath as well in regard of Domestical Iurisdictions as of that other Foreignly claimed by the Bishop of Rome OF THE LAWS OF Ecclesiastical Polity BOOK I. Concerning Laws and their several kindes in general The Matter contained in this First Book 1. THe cause of Writing this General Discourse concerning Laws 2. Of that Law which God from before the beginning hath set for himself to do all things by 3. The Law which Natural Agents observe and their necessary manner of keeping it 4. The Law which the Angels of God obey 5. The Law whereby Man is in his Actions directed to the Imitation of God 6. Mens first beginning to understand that Law 7. Of Mans Will which is the first thing that Laws of Action are made to guide 8. Of the Natural finding out of Laws by the Light of Reason to guide the Will unto that which is good 9. Of the benefit of keeping that Law which Reason teacheth 10. How Reason doth lead Men unto the making of Humane Laws whereby Politick Societies are governed and to agreement about Laws whereby the Fellowship or Communion of Independent Societies stanoeth 11. Wherefore God hath by Scripture
amongst Men are never framed as they should be unless presuming the Will of Man to be inwardly obstinate rebellious and averse from all obedience unto the Sacred Laws of his Nature In a word unless presuming Man to be in regard of his depraved minde little better then a wilde beast they do accordingly provide notwithstanding so to frame his outward actions that they be no hindrance unto the common good for which Societies are instituted unless they do this they are not perfect It resteth therefore that we consider how Nature findeth out such Laws of Government as serve to direct even Nature depraved to a right end All men desire to lead in this world an happy life The life is led most happily wherein all Vertue is exercised without impediment or let The Apostle in exhorting men to contentment although they have in this world no more then very bare Food and Rayment giveth us thereby to understand that those are even the lowest of things necessary that if we should be stripped of all those things without which we might possibly be yet these must be left that destitution in these is such an impediment as till it be removed suffereth not the minde of Man to admit any other care For this cause first God assigned Adam maintenance of Life and then appointed him a Law to observe For this cause after Men began to grow to a number the first thing we read they gave themselves unto was the Tilling of the Earth and the Feeding of Cattle Having by this mean whereon to live the principal actions of their life afterward are noted by the Exercise of their Religion True it is that the Kingdom of God must be the first thing in our purposes and desires But in as much as a righteous life presupposeth life in as much as to live vertuously it is impossible except we live Therefore the first impediment which naturally we endeavor to remove is penury and want of things without which we cannot live Unto life many implements are necessary mo if we seek as all men naturally do such a life as hath in it joy comfort delight and pleasure To this end we see how quickly sundry Arts Mechanical were found out in the very prime of the World As things of greatest necessity are always first provided for so things of greatest dignity are most accounted of by all such as judge rightly Although therefore Riches be a thing which every Man wisheth yet no Man of judgment can esteem it better to be Rich then Wise Vertuous and Religious If we be both or either of these it is not because we are so born For into the World we come as empty of the one as of the other as naked in Minde as we are in Body Both which necessities of Man had at the first no other helps and supplies then onely domestical such as that which the Prophet implieth saying Can a Mother forget her childe Such as that which the Apostle mentioneth saying He that careth not for his own is worse then an Infidel Such as that concerning Abraham Abraham will command his sons and his houshold after him that they keep the way of the Lord. But neither that which we learn of our selves nor that which others teach us can prevail where wickedness and malice have taken deep root If therefore when there was but as yet one onely family in the World no means of instruction Humane or Divine could prevent effusion of blood How could it be chosen but that when Families were multiplied and encreased upon Earth after Separation each providing for it self Envy Strife Contention and Violence must grow amongst them For hath not Nature furnished Man with Wit and Valor and as it were with Armor which may be used as well unto extream evil as good Yea were they not used by the rest of the World unto evil Unto the contrary onely by Seth Enoch and those few the rest in that Line We all make complaint of the iniquity of our times not unjustly for the days are evil But compare them with those times wherein there were no civil Societies with those times therein there was as yet no manner of Publick Regiment established with those times wherein there were not above eight righteous persons living upon the face of the Earth And we have surely good cause to think that God hath blessed us exceedingly and hath made us behold most happy days To take away all such mutual grievances injuries and wrongs there was no way but onely by growing unto Composition and Agreement amongst themselves by ordaining some kinde of Government publick and by yielding themselves subject thereunto that unto whom they granted authority to rule and govern by them the peace tranquillity and happy estate of the rest might be procured Men always knew that when Force and Injury was offered they might be Defenders of themselves they knew that howsoever men may seek their own commodity yet if this were done with injury unto others it was not to be suffered but by all men and by all good means to be withstood Finally they knew that no man might in Reason take upon him to determine his own right and according to his own determination proceed in maintenance thereof in as much as every man is towards himself and them whom he greatly affecteth partial And therefore that strifes and troubles would be endless except they gave their common consent all to be ordered by some whom they should agree upon Without which consent there were no reason that one Man should take upon him to be Lord or Judge over another because although there be according to the opinion of some very great and judicious Men a kinde of Natural Right in the Noble Wise and Vertuous to govern them which are of servile disposition nevertheless for manifestation of this their right and mens more peaceable contentment on both sides the assent of them whom are to be governed seemeth necessary To Fathers within their Private Families Nature hath given a supream power for which cause we see throughout the World even from the first Foundation thereof all men have ever been taken as Lords and Lawful Kings in their own houses Howbeit over a whole grand multitude having no such dependency upon any one and consisting of so many Families as every Politick Society in the World doth impossible it is that any should have compleat lawful power but by consent of men or immediate appointment of God because not having the Natural Superiority of Fathers their power must needs be either usurped and then unlawful or if lawful then either granted or consented unto by them over whom they exercise the same or else given extraordinarily from God unto whom all the World is subject It is no improbable opinion therefore which the Arch-Philosopher was of That as the chiefest person in every houshold was always as it were a King so when numbers of
Whereas now which soever be received there is no Law of Reason transgrest because there is probable reason why either of them may be expedient and for either of them more then probable reason there is not to be found Laws whether mixtly or meerly Humane are made by Politick Societies some onely as those Societies are civilly united some as they are spiritually joyned and make such a Body as we call the Church Of Laws Humane in this latter kinde we are to speak in the Third Book following Let it therefore suffice thus far to have touched the force wherewith Almighty God hath graciously endued our Nature and thereby enabled the same to findeâ—out both those Laws which all Men generally are for ever bound to observe and also such as are most fit for their behoof who lead their lives in any ordered State of Government Now besides that Law which simply concerneth men as Men and that which belongeth unto them as they are Men linked with others in some Form of Politick Society there is a third kinde of Law which toucheth all such several Bodies Politick so far forth as one of them hath Publick Commerce with another And this third is The Law of Nations Between Men and Beasts there is no possibility or Sociable Communion because the Welspring of that Communion is a Natural delight which Man hath to transfuse from himself into others and to receive from others into himself especially those things wherein the excellency of this kinde doth most consist The chiefest Instrument of Humane Communion therefore is Speech because thereby we impart mutually one to another the Conceits of our Reasonable Understanding And for that cause seeing Beasts are not hereof capable for as much as with them we can use no such Conference they being in degree although above other Creatures on Earth to whom Nature hath denied sense yet lower then to be sociable Companions of Man to whom Nature hath given Reason It is of Adam said that amongst the Beasts he sound not for himself any meet companion Civil Society doth more content the Nature of Man then any private kinde of solitary living because in Society this good of Mutual Participation is so much larger then otherwise Herewith notwithstanding we are not satisfied but we covet if it might be to have a kinde of Society and Fellowship even with all mankinde Which thing Socrates intending to signifie professed himself a Citizen not of this or that Commonwealth but of the World And an effect of that very natural desire in us a manifest token that we wish after a sort an Universal Fellowship with all Men appeareth by the wonderful delight men have some to visit foreign Countreys some to discover Nations not heard of in former Ages we all to know the Affairs and Dealings of other People yea to be in League of Amity with them And this not onely for Trafficks sake or to the end that when many are confederated each may make other the more strong but for such cause also as moved the Queen of Sheba to visit Solomon and in a word because Nature doth presume that how many Men there are in the World so many Gods as it were there are or at leastwise such they should be towards Men. Touching Laws which are to serve Men in this behalf even as those Laws of Reason which Man retaining his original Integrity had been sufficient to direct each particular person in all his Affairs and Duties are not sufficient but require the access of other Laws now that Man and his Off-spring are grown thus corrupt and sinful Again as those Laws of Polity and Regiment which would have served Men living in Publick Society together with that harmless disposition which then they should have had are not able now to serve when Mens iniquity is so hardly restrained within any tolerable bounds In like manner the National Laws of Natural Commerce between Societies of that former and better quality might have been other then now when Nations are so prone to offer violence injury and wrong Hereupon hath grown in every of these three kindes that distinction between Primary and Secondary Laws the one grounded upon sincere the other built upon depraved Nature Primary Laws of Nations are such as concern Embassage such as belong to the courteous entertainment of Foreigners and Strangers such as serve for Commodious Traffick and the like Secondary Laws in the same kinde are such as this present unquiet World is most familiarly acquainted with I mean Laws of Arms which yet are much better known then kept But what matter the Law of Nations doth contain I omit to search The strength and vertue of that Law is such that no particular Nation can lawfully prejudice the same by any their several Laws and Ordinances more then a Man by his private resolutions the Law of the whole Commonwealth or State wherein he liveth For as Civil Law being the Act of a whole Body Politick doth therefore over-rule each several part of the same Body so there is no reason that any one Commonwealth of it self should to the prejudice of another anaihilate that whereupon the whole World hath agreed For which cause the Lacedemonians forbidding all access of strangers into their coasts are in that respect both by Josephus and Theodores deservedly blamed as being enemies to that Hospitality which for common Humanities sake all the Nations on Earth should embrace Now as there is great cause of Communion and consequently of Laws for the maintenance of Communion amongst Nations So amongst Nations Christian the like in regard even of Christianity hath been always judged needful And in this kinde of correspondence amongst Nations the force of General Councils doth stand For as one and the same Law Divine whereof in the next place we are to speak is unto all Christian Churches a rule for the chiefest things by means whereof they all in that respect make one Church as having all but One Lord one Faith and one Baptism So the urgent necessity of Mutual Communion for Preservation of our Unity in these things as also for Order in some other things convenient to be every where uniformly kept maketh it requisite that the Church of God here on Earth have her Laws of Spiritual Commerce between Christian Nations Laws by vertue whereof all Churches may enjoy freely the use of those Reverend Religious and Sacred Consultations which are termed Councils General A thing whereof Gods own Blessed Spirit was the Author a thing practised by the holy Apostles themselves a thing always afterwards kept and observed throughout the World a thing never otherwise then most highly esteemed of till Pride Ambition and Tyranny began by factious and vile Endeavors to abuse that Divine Invention unto the furtherance of wicked purposes But as the just Authority of Civil Courts and Parliaments is not therefore to be abolished because sometimes there is cunning used to frame them according
therein we ought to have followed The Matter contained in this Fourth Book 1. HOw great use Ceremonies have in the Church 2. The First thing they blame in the kinde of our Ceremonies is that we have not in them ancient Apostolical simplicity but a greater pomp and stateliness 3. The second that so many of them are the same which the Church of Rome useth and the Reasons which they bring to prove them for that cause blame-worthy 4. How when they go about to expound what Popish Ceremonies they mean they contradict their own Argument against Popish Ceremonies 5. An Answer to the Argument whereby they would prove that sith we allow the customs of our Fathers to be followed we therefore may not allow such customs as the Church of Rome hath because we cannot account of them which are in that Church as of our Fathers 6. To their Allegation that the course of Gods own wisdom doth make against our conformity with the Church of Rome in such things 7. To the example of the eldest Church which they bring for the same purpose 8. That it is not our best Politie as they pretend it is for establishment of sound Religion to hâ—ve in these things no agreement with the Church of Rome being unsound 9. That neither the Papists upbraiding us as furnished out of their store nor any hope which in that respect they are said to conceive doth make any more against our Ceremonies then the former Allegations have done 10. The grief which they say godly Brethren conceive at such Ceremonies as we have câ—â—â—men with the Church of Rome 11. The third thing for which they reprove a great part of our Ceremonies is for that as we have them from the Church of Rome so that Church had them from the Jews 12. The fourth for that sundry of them have been they say abused unto Iâ—â—aery and arâ— by that mean become scandalous 13. The fifth for that we retain them still notwithstanding the example of certain Churches reformed before us which have cast them out 14. A Declaration of the proceedings of the Church of England â—or the establisement of things as they are SUch was the ancient simplicity and softness of spirit which sometimes prevailed in the World that they whose words were even as Oracles amongst men seemed evermore loth to give sentence against any thing publiquely received in the Church of God except it were wonderful apparently evil for that they did not so much encline to that seventy which delighteth to reprove the least things in seeth amiss as to that Charity which is unwilling to behold any thing that duty bindeth it to reprove The state of this present Age wherein Zeal hath drowned Charity and Skill Meekness will not now suffer any man to marvel whatsoever he shall hear reproved by whomsoever Those Rites and Ceremonies of the Church therefore which are the self-same now that they were when Holy and Vertuous men maintained them against profane and deriding Adversaries her own children have at this day in deâ—ision Whether justly or no it shall then appear when all things are heard which they have to alledge against the outward received Orders of this Church Which inasmuch as themselves do compare unto Mint and Cummin granting them to be no part of those things which in the matter of Polity are weightier we hope that for small things their strife will neither be earnest noâ— long The fifting of that which is objected against the Orders of the Church in particular doth not belong unto this place Here we are to discuss onely those general exceptions which have been taken at any time against them First therefore to the end that their nature and use whereunto they serve may plainly appear and so afterwards their quality the better be discerned we are to note that in every grand or main publique duty which God requireth at the hands of his Church there is besides that matter and form wherein the essence thereof consisteth a certain outward fashion whereby the same is in decent sort administred The substance of all religious actions is delivered from God himself in few words For example sake in the Sacraments Unto the Element let the Word be added and they both do make a Sacrament saith S. Augustine Baptism is given by the Element of Water and that prescript form of words which the Church of Christ doth use the Sacrament of the Body and Blood of Christ is administred in the Elements of Bread and Wine if those mystical words be added thereunto But the due and decent form of administring those holy Sacraments doth require a great deal more The end which is aimed at in setting down the outward form of all religious actions is the edification of the Church Now men are edified when either their understanding is taught somewhat whereof in such actions it behoveth all men to consider or when their hearts are moved with any affection suitable thereunto when their mindes are in any sort stirred up unto that reverence devotion attention and due regard which in those cases seemeth requisite Because therefore unto this purpose not onely speech but sundry sensible means besides have always been thought necessary and especially those means which being object to the eye the liveliest and the most apprehensive sense of all other have in that respect seemed the sittest to make a deep and strong impression from hence have risen not only a number of Prayers Readings Questionings Exhortings but even of visible signs also which being used in perfomance of holy actions are undoubtedly most effectual to open such matter as men when they know and remember carefully must needs be a great deal the better informed to what effect such duties serve We must not think but that there is some ground of Reason even in Nature whereby it cometh to pass that no Nation under Heaven either doth or ever did suffer publike actions which are of weight whether they be Civil and Temporal or else Spiritual and Sacred to pass without some visible solemnity The very strangeness whereof and difference from that which is common doth cause Popular eyes to observe and to mark the same Words both because they are common and do not so strongly move the phansie of man are for the most part but slightly heard and therefore with singular wisdom it hath been provided that the deeds of men which are made in the presence of Witnesses should pass not only with words but also with certain sensible actions the memory whereof is far more easie and durable then the memory of speech can be The things which so long experience of all Ages hath confirmed and made profitable let not us presume to condemn as follies and toys because we sometimes know not the cause and reason of them A wit disposed to scorn whatsoever it doth not conceive might ask wherefore Abraham should say to his servant Put thy hand under my thigh and swear was it not sufficient
God no more instituted then the other howsoever they pretend the other hurtful and this profitable it followeth That even in their own opinion if their words do shew their mindes there is no necessity of stripping Sacraments out of all such attire of Ceremonies as Mans wisdom hath at any time cloathed them withal and consequently That either they must reform their speech as over-general or else condemn their own practice as unlawful Ceremonies have more in weight then in sight they work by commonness of use much although in the several acts of their usage we scarcely discern any good they do And because the use which they have for the most part is not perfectly understood Superstition is apt to impute unto them greater vertue then indeed they have For prevention whereof when we use this Ceremony we always plainly express the end whereunto it serveth namely For a Sign of Remembrance to put us in minde of our duty But by this mean they say we make it a great deal worse For why Seeing God hath no where commanded to draw two lines in token of the duty which we ow to Christ our practice with this Exposition publisheth a new Gospel and causeth another Word to have place in the Church of Christ where no voice ought to be heard but his By which good reason the Authors of those grave admonitions to the Parliament are well-holpen up which held That sitting at Communions betokeneth rest and full accomplishment of Legal Ceremonies in our Saviour Christ. For although it be the Word of God That such Ceremonies are expired yet seeing it is not the Word of God that men to signifie so much should sit at the Table of our Lord these have their doom as well as others Guilty of a new devised Gospel in the Church of Christ. Which strange imagination is begotten of a special dislike they have to hear that Ceremonies now in use should be thought significant whereas in truth such as are not significant must needs be vain Ceremonies destitute of signification are no better then the idle gestures of men whose broken wits are not Masters of what they do For if we look but into Secular and Civil Complements what other cause can there possibly be given why to omit them where of course they are looked for for where they are not so due to use them bringeth mens secret intents often-times into great jealousie I would know I say What reason we are able to yield why things so light in their own nature should weigh in the opinions of men so much saving onely in regard of that which they use to signifie or betoken Doth not our Lord Jesus Christ himself impute the omission of some courteous Ceremonies even in domestical entertainment to a colder degree of loving affection and take the contrary in better part not so much respecting what was less done as what was signified less by the one then by the other For to that very end he referreth in part those gracious Expostulations Simon seest thou this Woman since I entred unto thine house thou gavest me no water for my feet but she hath washed my seet with tears and wiped them with the hairs of her head Thou gavest me no kiss but this Woman since the time I came in hath not ceased to kiss my feet Mine head with oyl thou didst not anoint but this Woman hath anointed my feet with oynment Wherefore as the usual dumb Ceremonies of common life are in request or dislike according to that they import even so Religion having likewise her silent Rites the chiefest rule whereby to judge of their quality is that which they mean or betoken For if they signifie good things as somewhat they must of necessity signifie because it is of their very nature to be signs of intimation presenting both themselves unto outward sense and besides themselves some other thing to the understanding of beholders unless they be either greatly mischosen to signifie the same or else applied where that which they signifie agreeth not there is no cause of exception against them as against evil and unlawful Ceremonies much less of excepting against them onely in that they are not without sense And if every Religious Ceremony which hath been invented of men to signifie any thing that God himself alloweth were the publication of another Gospel in the Church of Christ seeing that no Christian Church in the World is or can be without continual use of some Ceremonies which men have instituted and that to signifie good things unless they be vain and frivolous Ceremonies it would follow That the World hath no Christian Church which doth not daily proclaim new Gospels a sequel the manifest absurdity whereof argueth the rawness of that Supposal cut of which it groweth Now the cause why Antiquity did the more in actions of common life honor the Ceremony of the Cross might be for that they lived with Infidels But that which they did in the Sacrament of Baptism was for the self-same good of Believers which is thereby intended still The Cross is for us an admonition no less necessary then for them to glory in the Service of Jesus Christ and not to hang down our heads as men ashamed thereof although it procure us reproach and obloquy at the hands of this wretched World Shame is a kinde of fear to incur disgrace and ignominy Now whereas some things are worthy of reproach some things ignominious onely through a false opinion which men have conceived of them Nature that generally feareth opprobtious reprehension must by Reason and Religion be taught what it should be ashamed of and what not But be we never so well instructed what our duty is in this behalf without some present admonition at the very instant of practise what we know is many times not called to minde till that be done whereupon our just confusion ensueth To supply the absence of such as that way might do us good when they see us in danger of sliding there are judicious and wise men which think we may greatly relieve our selves by a bare imagined presence of some whose Authority we fear and would be loath to offend if indeed they were present with us Witnesses at hand are a bridle unto many offences Let the minde have always some whom it feareth some whose Authority may keep even secret thoughts under aw Take Cato or if he be too harsh and rugged chuse some other of a softer mettal whose gravity of life and speech thou lovest his minde and countenance carry with thee set him always before thine eyes either as a watch or as a pattern That which is crooked we cannot streighten but by some such level If men of so good experience and insight in the maims of our weak flesh have thought these fancied remembrances available to awaken shamefastness that so the boldness of sin may be staid ere it look abroad surely the Wisdom of the Church of
wonder at the handy-work of Almighty God who to settle the Kingdom of his dear Son did not cast out any one People but directed in such sort the Politick Councils of them who ruled farr and wide overall that they throughout all Nations People and Countries upon Earth should unwittingly prepare the Field wherein the Vine which God did intend that is to say the Church of his dearly beloved Son was to take root For unto nothing else can we attribute it saving only unto the very incomprehensible force of Divine providence that the World was in so marvellous sit sort divided levelled and laid out before hand whose work could it be but his alone to make such provision for the direct implantation of his Church Wherefore inequality of Bishops being found a thing convenient for the Church of God in such consideration as hath been shewed when it came secondly in question which Bishops should be higher and which lower it seemed herein not to the civil Monarch only but to the most expedient that the dignity and celebrity of Mother-Cities should be respected They which dream that if Civil Authority had not given such preheminence unto one City more than another there had never grown an inequality among Bishops are deceived Superiority of one Bishop over another would be requisite in the Church although that Civil distinction were abolished other causes having made it necessary even amongst Bishops to have some in degree higher than the rest the civil dignity of place was considered only as a reason wherefore this Bishop should be preferred before that Which deliberation had been likely enough to have raised no small trouble but that such was the circumstance of place as being followed in that choyce besides the manifest conveniency thereof took away all show of Partiality prevented secret emulations and gave no man occasion to think his Person disgraced in that another was preferred before him Thus we see upon what occasion Metropolitan Bishops became Archbishops Now while the whole Christian World in a manner still continued under one Civil Government there being oftentimes within some one more large Territory divers and sundry Mother-Churches the Metropolitans whereof were Archbishops as for Order's sake it grew hereupon expedient there should be a difference also amongst them so no way seemed in those times more fit than to give preheminence unto them whose Metropolitan Sees were of special desert or dignity for which cause these as being Bishops in the chiefest Mother-Churches were termed Primates and at the length by way of excellency Patriarks For ignorant we are not how sometimes the Title of Patriark is generally given to all Metropolitan Bishops They are mightily therefore to blame which are so bold and confident as to affirm that for the space of above four hundred and thirty years after Christ all Metropolitan Bishops were in every respect equals till the second Council of Constantinople exalted certain Metropolitans above the rest True it is they were equals as touching the exercise of Spiritual power within their Dioceses when they dealt with their own flock For what is it that one of them might do within the compass of his own precinct but another within his might do the same But that there was no subordination at all of one of them unto another that when they all or sundry of them were to deal in the same Causes there was no difference of first and second in degree no distinction of higher and lower in authority acknowledged amongst them is most untrue The Great Council of Nice was after our Saviour Christ but three hundred twenty four years and in that Council certain Metropolitans are said even then to have had antient preheminence and dignity above the rest namely the Primate of Alexandria of Rome and of Antioch Threescore years after this there were Synods under the Emperour Theodosius which Synod was the first at Constantinople whereat one hundred and fifty Bishops were assembled at which Council it was decreed that the Bishop of Constantinople should not only be added unto the forme Primates but also that his Place should be second amongst them the next to the Bishop of Rome in dignity The same Decree again renewed concerning Constantinople and the reason thereof laid open in the Council of Chalcedon At the length came that second of Constantinople whereat were six hundred and thirty Bishops for a third confirmation thereof Laws Imperial there are likewise extant to the same effect Herewith the Bishop of Constantinople being over-much puffed up not only could not endure that See to be in estimation higher whereunto his own had preferment to be the next but he challenged more than ever any Christian Bishop in the World before either had or with reason could have What he challenged and was therein as then refused by the Bishop of Rome the same the Bishop of Rome in process of time obtained for himself and having gotten it by bad means hath both up-held and augmented it and upholdeth it by acts and practises much worse But Primates according to their first Institution were all in relation unto Archbishops the same by Prerogative which Archbishops were being compared unto Bishops Before the Council of Nice albeit there were both Metropolitans and Primates yet could not this be a means forcible enough to procure the peace of the Church but all things were wonderful tumultuous and troublesome by reason of one special practise common unto the Heretiques of those times which was That when they had been condemned and cast out of the Church by the Sentence of their own Bishops they contrary to the antient received Orders of the Church had a custom to wander up and down and to insinuate themselves into favour where they were not known imagining themselves to be safe enough and not to be clean cut off from the body of the Church if they could any where finde a Bishop which was content to communicate with them whereupon ensued as in that case there needs must every day quarrels and jarrs unappeasable amongst Bishops The Nicene Council for redress hereof considered the bounds of every Archbishop's Ecclesiastical Jurisdictions what they had been in former times and accordingly appointed unto each grand part of the Christian World some one Primate from whose Judgement no man living within his Territory might appeal unless it were to a Council General of all Bishops The drift and purport of which order was That neither any man opprest by his own particular Bishop might be destitute of a remedy through appeal unto the more indifferent Sentence of some other ordinary Judge not yet every man be lest at such liberty as before to shift himself out of their hands for whom it was most meet to have the hearing and determining of his cause The evil for remedy whereof this order was taken annoyed at that present especially the Church of Alexandria in Egypt where Arianism begun For which cause the state
that the affairs of Christians should be brought into publick judgement Howbeit not without comfort in our Lord are these travels undertaken by us for the hopes sake of eternal life to the end that with patience we may reap fruit So farr is Saint Augustin from thinking it unlawful for Pastors in such sort to judge Civil Causes that he plainly collecteth out of the Apostles words a necessity to undertake that duty yea himself he comforteth with the hope of a blessed reward in lieu of travel that way sustained Again even where whole Christian Kingdoms are how troublesome were it for Universities and other greater Collegiate Societies erected to serve as Nurseries unto the Church of Christ if every thing which civilly doth concern them were to be carried from their own peculiar Governors because for the most part they are as fittest it is they should be Persons Ecclesiastical Calling It was by the wisdom of our famous Predecessors foreseen how unfit this would be and hereupon provided by grant of special Charters that it might be as now it is in the Universities where their Vice-Chancellors being for the most part Professors of Divinity are nevertheless Civil Judges over them in the most of their ordinary Causes And to go yet some degrees further A thing impossible it is not neither altogether unusual for some who are of royal blood to be consecrated unto the Ministry of Jesus Christ and so to be Nurses of God's Church not only as the Prophet did fore-tell but also as the Apostle Saint Paul was Now in case the Crown should by this mean descend unto such Persons perhaps when they are the very last or perhaps the very best of their Race so that a greater benefit they are not able to bestow upon a Kingdom than by accepting their right therein shall the sanctity of their Order deprive them of that honour whereunto they have right by blood or shall it be a barr to shut out the publick good that may grow by their vertuous Regiment If not then must they cast off the Office which they received by Divine Imposition of hands or if they carry a more religious opinion concerning that heavenly Function it followeth that being invested as well with the one as the other they remain God's lawfully anointed both ways With men of skill and mature judgement there is of this so little doubt that concerning such as at this day are under the Archbishops of Ments Colen and Travers being both Archbishops and Princes of the Empire yea such as live within the Popes own Civil Territories there is no cause why any should deny to yield them civil obedience in any thing which they command not repugnant to Christian Piety yea even that civilly for such as are under them not to obey them were the part of seditious Persons Howbeit for Persons Ecclesiastical thus to exercise Civil Dominion of their own is more than when they onely sustain some Publick Office or deal in some business Civil being thereunto even by Supream Authority required As Nature doth not any thing in vain so neither Grace Wherefore if it please God to bless some Principal Attendants on his own Sanctuary and to endue them with extraordinary parts of excellency some in one kinde some in another surely a great derogation it were to the very honour of him who bestowed so precious Graces except they on whom he hath bestowed them should accordingly be imployed that the fruit of those Heavenly Gifts might extend it self unto the Body of the Common-wealth wherein they live which being of purpose instituted for so all Common-wealths are to the end that all might enjoy whatsoever good it pleaseth the Almighty to endue each one with must needs suffer loss when it hath not the gain which eminent civil hability in Ecclesiastical Persons is now and then found apt to afford Shall we then discommend the People of Milan for using Ambrose their Bishop as an Ambassadour about their Publick and Politick Affairs the Jews for electing their Priests sometimes to be Leaders in Warr David for making the High Priest his Chiefest Counsellour of State Finally all Christian Kings and Princes which have appointed unto like services Bishops or other of the Clergy under them No! they have done in this respect that which most sincere and religious wisdom alloweth Neither is it allowable only when either a kinde of necessity doth cast Civil Offices upon them or when they are thereunto preferred in regard of some extraordinary fitness but further also when there are even of right annexed unto some of their places or of course imposed upon certain of their Persons Functions of Dignity and Account in the Common-wealth albeit no other consideration be had therein save this that their credit and countenance may by such means be augmented A thing if ever to be respected surely most of all now when God himself is for his own sake generally no where honoured Religion almost no where no where religiously adored the Ministry of the Word and Sacraments of Christ a very cause of disgrace in the eyes both of high and low where it hath not somewhat besides it self to be countenanced with For unto this very pass things are come that the glory of God is constrained even to stand upon borrowed credit which yet were somewhat the more tolerable if there were not that disswade to lead iâ— him No practise so vile but pretended Holynesse is made sometimes a Cloak to hide it The French King Philip Valois in his time made an Ordinance that all Prelates and Bishops shuâ—â—ld be clean excluded from Parliaments where the Affairs of the Kingdom were handled pretending that a King with good Conscience cannot draw Pastors having Cure of Souls from so weighty a business to trouble their Heads with Consultations of State But irreligious intents are not able to hide themselves no not when Holiness is made their Cloak This is plain and simple truth That the counsels of wicked men hate always the presence of them whose vertue though it should not be able to prevail against their purposes would notwithstanding be unto their minds a secret corrosive and therefore till either by one shift or another they can bring all things to their own hands alone they are not secure Ordinances holler and better there stand as yet in force by the grace of Almighty God and the works of his Providence amongst us Let not Envy so far prevail as to make us account that a Blemish which if there be in us any spark of sound Judgement or of religious Conscience we must of necessity acknowledge to be one of the chiefest Ornaments unto this Land By the antient Laws whereof the Clergy being held for the chief of those Three Estates which together make up the entire Body of this Common-wealth under one Supreme Head and Governour it hath all this time ever born a sway proportionable in the Weighty Affairs of the Land wise and vertuous Kings condescending
are not fit to be Ministers which also hath been collected and that by sundry of the Antient and that it is requisite the Clergy be utterly forbidden Marriage For as the burthen of Civil Regiment doth make them who bear it the less able to attend their Ecclesiastical Charge even so Saint Paul doth say that the Married are careful for the World the unmarried freer to give themselves wholly to the service of God Howbeit both experience hath found it safer that the Clergy should bear the cares of honest Marriage than be subject to the inconveniencies which single life imposed upon them would draw after it And as many as are of sound judgement know it to be farr better for this present age that the detriment be born which haply may grow through the lessening of some few mens Spiritual labours than that the Clergy and Common-wealth should lack the benefit which both the one and the other may reap through their dealing in Civil Affairs In which consideration that men consecrated unto the Spiritual service of God be licensed so farr forth to meddle with the Secular affairs of the World as doth seem for some special good cause requisite and may be without any grievous prejudice unto the Church surely there is not in the Apostles words being rightly understood any lett That no Apostle did ever bear Office may it not be a wonder considering the great devotion of the age wherein they lived and the zeal of Herod of Nero the great Commander of the known World and of other Kings of the Earth at that time to advance by all means Christian Religion Their deriving unto others that smaller charge of distributing of the Goods which were laid at their feet and of making provision for the poor which charge being in part Civil themselves had before as I suppose lawfully undertaken and their following of that which was weightier may serve as a marvellous good example for the dividing of one man's Office into divers slips and the subordinating of Inferiours to discharge some part of the same when by reason of multitude increasing that labour waxeth great and troublesome which before was easie and light but very small force it hath to inferr a perpetual divorce between Ecclesiastical and Civil power in the same Persons The most that can be said in this Case is That sundry eminent Canons bearing the name of Apostolical and divers Conncils likewise there are which have forbidden the Clergy to bear any Secular Office and have enjoyned them to attend altogether upon Reading Preaching and Prayer Whereupon the most of the antient Fathers have shewed great dislikes that these two Powers should be united in one Person For a full and final Answer whereunto I would first demand Whether commension and separation of these two Powers be a matter of mere positive Law or else a thing simply with or against the Law immutable of God and Nature That which is simply against this latter Law can at no time be allowable in any Person more than Adultery Blasphemy Sacriledge and the like But conjunction of Power Ecclesiastical and Civil what Law is there which hath not at some time or other allowed as a thing convenient and meet In the Law of God we have examples sundry whereby it doth most manifestly appear how of him the same hath oftentime been approved No Kingdom or Nation in the World but hath been thereunto accustomed without inconvenience and hurt In the prime of the World Kings and Civil Rulers were Priests for the most part all The Romans note it as a thing beneficial in their own Common-wealth and even to them apparently forcible for the strengthening of the Jewes Regiment under Moses and Samuel I deny not but sometime there may be and hath been perhaps just cause to ordain otherwise Wherefore we are not to urge those things which heretofore have been either ordered or done as thereby to prejudice those Orders which upon contrary occasion and the exigence of the present time by like authority have been established For what is there which doth let but that from contrary occasions contrary Laws may grow and each he reasoned and disputed for by such as are subiect thereunto during the time they are in force and yet neither so opposite to other but that both may laudably continue as long as the ages which keep them do see no necessary cause which may draw them unto alteration Wherefore in these things Canons Constitutions and Laws which have been at one time meet do not prove that the Church should alwayes be bound to follow them Ecclesiastical Persons were by antient Order forbidden to be Executors of any man's Testament or to undertake the Wardship of Children Bishops by the Imperial Law are forbidden to bequeath by Testament or otherwise to alienate any thing grown unto them after they were made Bishops Is there no remedy but that these or the like Orders must therefore every where still be observed The reason is not always evident why former Orders have been repealed and other established in their room Herein therefore we must remember the axiom used in the Civil Laws That the Prince is alwayes presumed to do that with reason which is not against reason being done although no reason of his deed be exprest Which being in every respect as true of the Church and her Divine Authority in making Laws it should be some bridle unto those malepert and proud spirits whose wits not conceiving the reason of Laws that are established they adore their own private fancy as the supreme Law of all and accordingly take upon them to judge that whereby they should be judged But why labour we thus in vain For even to change that which now is and to establish instead thereof that which themselves would acknowledge the very self-same which hath been to what purpose were it fith they protest That they utterly condemn as well that which hath been as that which is as well the antient as the present Superiority Authority and Power of Ecclesiastical Persons XVI Now where they lastly alledge That the Law of our Lord Iesus Christ and the judgement of the best in all ages condemn all ruling Superiority of Ministers over Ministers they are in this as in the rest more bold to affirm than able to prove the things which they bring for support of their weak and feeble Cause The bearing of Dominion or the exercising of Authority they say is this wherein the Civil Magistrate is severed from the Ecclesiastical officer according to the words of our Lord and Saviour Kings of Nations bear rule over them but it shall not be so with you Therefore bearing of Dominion doth not agree to one Minister over another This place hath been and still is although most falsely yet with farr greater shew and likelyhood of truth brought forth by the Anabaptists to prove that the Church of Christ ought to have no Civil Magistrates but be ordered
which that surcease were likely to draw after it Let the Lord Maior of London or any other unto whose Office Honor belongeth be deprived but of that Title which in itself is a matter of nothing and suppose we that it would be a small maim unto the credit force and countenance of his Office It hath not without the singular wisdom of God been provided that the ordinary outward tokens of Honor should for the most part be in themselves things of mean account for to the end they might easily follow as faithful testimonies of that beneficial vertue whereunto they are due it behoved them to be of such nature that to himself no man might over-eagerly challenge them without blushing not any man where they are due withhold them but with manifest appearance of too great malice or pride Now forasmuch as according to the Antient Orders and Customs of this Land as of the Kingdom of Israel and of all Christian Kingdoms through the World the next in degree of Honor unto the Chief Soveraign are the Chief Prelates of God's Church what the reason hereof may be it resteth next to be enquired XVIII Other reason there is not any wherefore such Honor hath been judged due saving only that publick good which the Prelates of God's Clergy are Authors of For I would know which of these things it is whereof we make any question either that the favour of God is the chiefest Pillar to bear up Kingdoms and States or that true Religion publickly exercised is the principal mean to retain the favour of God or that the Prelates of the Church are they without whom the exercise of true Religion cannot well and long continue If these three be grented then cannot the publick benefit of Prelacy be dissembled And of the first or second of these I look not for any profest denyal The World at this will blush not to grant at the leastwise in word as much as Heathens themselves have of old with most earnest asseveration acknowledged concerning the force of Divine Grace in upholding Kingdoms Again though his mercy doth so farr strive with mens ingratitude that all kinde of Publick iniquities deserving his indignation their safety is through his gracious Providence many times neverthelesse continued to the end that amendment might if it were possible avert their Envy so that as well Common-weals as particular Persons both may and do endure much longer when they are careful as they should be to use the most effectual means of procuring His favour on whom their continuance principally dependeth Yet this point no man will stand to argue no man will openly arm himself to enter into set Disputation against the Emperors Theodosius and Valentinian for making unto their Laws concerning Religion this Preface Decere arbitramur nostrum Imperium subditos nostros de Religione commonefacere Ita enim plenicrem adquiri Dei ac Salvatoris nostri Iesu Christi benignitatem possibile esse existimamus si quando nos pro viribus ipsi placere studuerimus nostros subditos ad eam rem instituerimus Or against the Emperor Iustinian for that he also maketh the like Profession Per sanctissimas Ecclessias nostrum Imperium sustineri communes res elementissimi Dei gratia muniri credimus And in another place Certissimè credemus quia Sacerdotum puritas deâ—â—â—â— ad Dominum Deum Salvatorem nostrum Iesuis Christum fervor ab ipsis missa perpetua preces maltum favorem nostra Reipublica incrementum praebent Wherefore onely the last point is that which men will boldly require us to prove for no man feareth now to make it a question Whether the Prelacy of the Church be any thing available or no to effect the good and long continuance of true Religion Amongst the principal Blessings wherewith God enriched Israel the Prophet in the Psalm acknowledgeth especially this for one Thou didst lead thy People like Sheep by the hands of Moses and Aaron That which Sheep are if Pastors be wanting the same are the people of God if so be they want Governors And that which the principal Civil Governors are in comparison of Regents under them the same are the Prelates of the Church being compared with the rest of God's Clergy Wherefore inasmuch as amongst the Jews the benefit of Civil Government grew principally from Moses he being their Principal Civil Governor even so the benefit of Spiritual Regiment grew from Aaron principally he being in the other kinde of their principal Rector although even herein subject to the Soveraign Dominion of Moses For which cause these two alone are named as the Heads and Well-springs of all As for the good which others did in service either of the Common-wealth or of the Sanctuary the chiefest glory thereof did belong to the chiefest Governors of the one sort and of the other whose vigilant care and oversight kept them in their cue Order Bishops are now is High-Priests were then inregard of power over other Priests and in respect of subjection unto High-Priests What Priests were then the same now Presbyters are by way of their place under Bishops The ones Authority therefore being so profitable how should the others be thought unnecessary Is there any man professing Christian Religion which holdeth it not as a Maxim That the Church of Jesus Christ did reap a singular benefit by Apostolical Regiment not only for other respects but even in regard of that Prelacy whereby they had and exercised Power of Jurisdiction over lower Guides of the Church Preciates are herein the Apostles Successors as hath been proved Thus we see that Prelacy must needs be acknowledged exceedingly beneficial in the Church and yet for more perspicuities sake it shall not be pains superstuously taken if the manner how be also declared at large For this one thing not understood by the vulgar sort causeth all contempt to be offered unto higher Powers not only Ecclesiastical but Civil whom when proud men have disgraced and are therefore reproved by such as carry some dutiful affection of minde the usual Apologies which they make for themselves are these What more vertue in these Great ones than in others we see no such eminent good which they do above other mon. We grant indeed that the good which Higher Governors do is not so immediate and near unto every of us as many times the meane labours of others under them and this doth make it to be less esteemed But we must note that it is in this Case as in a Ship he that fitteth at the Stern is quiet he moveth not he seemeth in a manner to do little or Nothing in comparison of them that sweat about other toil yet that which he doth is in value and force more than all the labours of the residue laid together The influence of the Heavens above worketh infinitely more to our good and yet appeareth not half so sensible as the force doth of
is exceedingly worth the noting which Plato hath about the means whereby men fall into an utter dislike of all men with whom they converse This sowreness of minde which maketh every mans dealings unsavoury in our taste entereth by an unskilful over-weening which at the first we have of one and so of another in whom we afterwards find our selves to have been deceived they declaring themselves in the end to be frail men whom we judged demi-gods When we have oftentimes been thus begailed and that far besides expectation we grow at the length to this plain conclusion That there is nothing at all sound in any man Which bitter conceit is unseemly and plain to have risen from lack of mature judgment in humane affairs which iâ— so be we did handle with art we would not enter into dealings with men otherwise then being beforehand grounded in this perswasion that the number of persons notably good or bad is but very small that the most part of good have some evil and of evil men some good in them So true our experience doth find those Aphorisms of Mercurius Trismegistas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 To purge gooddness quite and clean from all mixture of evil here is a thing impossible Again To 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 When in this World we term a thing good we cannot by exact construction have any other true meaning then that the said thing so termed is not noted to be a thing exceeding evil And again Moros 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Amongst men OEsclapius The name of that which is good we finde but no where the very true thing it self When we censure the deeds and dealings of our Superiors to bring with us a fore-conceit thus qualified shall be as well on our part as theirs a thing availeable unto quietness But howsoever the case doth stand with mens either good or bad quality the verdict which our Lord and Saviour hath given should continue for ever sure Qua Dei sunt Deo let men bear the burthen of their own iniquity as for those things which are Gods let not God be deprived of them For if only to withold that which should be given be no better then to rob God if to withdraw any mite of that which is but in purpose only bequeathed though as yet undelivered into the sacred treasure of God be a Sin for which Ananias and Sapphyra felt so heavily the dreadful hand of Divine revenge quite and clean to take that away which we never gave and that after God hath for so many ages therewith been possessed and that without any other shew of cause saving only that it seemeth in their eyes who seek it to be too much for them which have it in their hands can we term it or think it less then most impious injustice most hainous sacriledge Such was the Religious affection of Ioseph that it suffered him not to take that advantage no not against the very Idolatrous Priests of Egypt which he took for the purchasing of other mens lands to the King but he considered that albeit their Idolatry deserved hatred yet for the honors sake due unto Priesthood better it was the King himself should yield them relief in publique extremity then permit that the same necessity should constrain also them to do as the rest of the people did But it may be men have now found out that God hath proposed the Christian Clergy as a prey for all men freely to seize upon that God hath left them as the fishes of the Sea which every man that lifteth to gather into his net may or that there is no God in Heaven to pity them and to regard the injuries which man doth lay upon them Yet the publique good of this Church and Commonwealth doth I hope weigh somewhat in the hearts of all honestly disposed men Unto the publique good no one thing is more directly availeable then that such as are in place whether it be of Civil or of Ecclesiastical Authority be so much the more largely furnished even with external helps and ornaments of this life how much the more highly they are in power and calling advanced above others For nature is not contented with bare sufficiency unto the sustenance of man but doth evermore cover a decency proportionable unto the place which man hath in the body or society of others For according unto the greatness of mens calling the measure of all their actions doth grow in every mans secret expectation so that great men do always know that great things are at their hands expected In a Bishop great liberality great hospitality actions in every kinde great are looked for And for actions which must be great mean instruments will noâ—serve Men are but men what room soever amongst men they hold If therefore the measure of their Worldly habilities be beneath that proportion which their calling doth make to be looked for at their hands a stronger inducement it is then perhaps men are aware of unto evil and corrupt dealings for supply of that defect For which cause we must needs think it a thing necessary unto the common good of the Church that great Jurisdiction being granted unto Bishops over others a state of wealth proportionable should likewise be provided for them where wealth is had in so great admiration as generally in this golden age it is that without it Angelical perfections are not able to deliver from extreme contempt surely to make Bishops poorer then they are were to make them of less account and estimation then they should be Wherefore if detriment and dishonor do grow to Religion to God to his Church when the publique account which is made of the chief of the Clergy decayeth how should it be but in this respect for the good of Religion of God of his Church that the wealth of Bishops be carefully preserved from further dimination The travels and crosses wherewith Prelacy is never unaccompanied they which feel them know how heavy and how great they are Unless such difficulties therefore annexed unto that estate be tempered by co-annexing thereunto things esteemed of in this World how should we hope that the minds of men shunning naturally the burthens of each function will be drawn to undertake the burthen of Episcopal care and labour in the Church of Christ Wherefore if long we desire to enjoy the peace quietness order and stability of Religion which Predacy as hath been declared causeth then must we necessarily even in favour of the publique good uphold those things the hope whereof being taken away it is not the meer goodness of the charge and the Divine acceptation thereof that will be able to invite many thereunto What shall become of that Commonwealth or Church in the end which hath not the eye of Learning to beautifie guide and direct it At the length what shall become of that Learning which hath not wherewith any more to encourage her industrious followers And finally what shall become
Persons and Causes of the Church But I see that hitherto they which condemn utterly the name so applyed do it because they mislike that such Power should be given to Civil Governours The great exception that Sir Thomas Moor took against that Title who suffered death for denyal of it was for that it maketh a Lay a Secular Person the head of the State Spiritual or Ecclesiastical as though God himself did not name Said the Head of all the Tribes of Israel and consequently of that Tribe also among the rest whereunto the State Spiritual or Ecclesiastical belonged when the Authors of the Centuries reprove it in Kings and Civil Governours the reason is I st is non competit iste Primatus such kinde of Power is too high for them they fit it not In excuse of Mr. Calvin by whom this Realm is condemned of Blasphemy for intituâ—ing H. 8. Supream Head of this Church under Christ a charitable conjecture is made that he spake by misinformation howbeit as he professeth utter dislike of that name so whether the name be used or no the very Power it self which we give unto Civil Magistrates he much complaineth of and protesteth That their Power over all things was it which had ever wounded him deeply That un-advised Persons had made them too Spiritual that throughout Germany this fault did reign that in these very parts where Calvin himself was it prevailed more than was to be wished that Rulers by imagining themselves so Spiritual have taken away Ecclesiastical Government that they think they cannot reign unless they abolish all the Authority of the Cuurch and be themselves the chief Iudges as well in Doctrine as in the whole Spiritual Regency So that in truth the Question is Whether the Magistrate by being Head in such sense as we term him do use or exercise any part of that Authority not which belongeth unto Christ but which other men ought to have These things being first considered thus it will be easier to judge concerning our own estate whether by force of Ecclesiastical Government Kings have any other kinde of Prerogative that they may lawfully hold and enjoy It is as some do imagine too much that Kings of England should be termed Heads in relation of the Church That which we do understand by Headship is their only Supreme Power in Ecclesiastical Affairs and Causes That which lawful Princes are what should make it unlawful for men in Spiritual Stiles or Titles to signifie If the having of Supream Power be allowed why is the expressing thereof by the Title of Head condemned They seem in words at leastwise some of them now at the length to acknowledge that Kings may have Dominion or Supream Government even over all both Persons and Causes We in terming our Princes Heads of the Church do but testifie that we acknowledge them such Governours Again to this it will peradventure be replyed That howsoever we interpret our selves it is not fit for a mortal man and therefore not fit for a Civil Magistrate to be intituled the Head of the Church which was given to our Saviour Christ to lift him above all Powers Rules Dominions Titles in Heaven or in Earth Where if this Title belong also to Civil Magistrates then it is manifest that there is a Power in Earth whereunto our Saviour Christ is not in this point superiour Again if the Civil Magistrate may have this Title he may be termed also the first-begotten of all Creatures The first begotten of all the Dead yea the Redeemer of his People For these are alike given him as Dignities whereby he is lifted up above all Creatures Besides this the whole Argument of the Apostle in both places doth lead to show that this Title Head of the Church cannot be said of any Creature And further the very domonstrative Articles amongst the Hebrews especially whom St. Paul doth follow serveth to tye that which is verified of one unto himself alone so that when the Apostle doth say that Christ it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Head it is as if he should say Christ and none other is the Head of the Church Thus have we against the entituling of the Highest Magistrate head with relation unto the Church four several Arguments gathered by strong surmise out of words marvellous unlikely to have been written to any such purpose as that whereunto they are now used and urged To the Ephesians the Apostle writeth That Christ God had set on his right hand in the Heavenly places above all Regency and Authority and Power and Dominion and whatsoever name is named not in this World only but in that which shall be also and hath under his feet set all things and hath given him head above all things unto the Church which is his Body even the fulness of him which accomplisheth all in all To the Colossians in like manner That he is the head of the body of the Church who is a first born Regency out of the dead to the end he might be made amongst them all such an one as both the Chiefty He meaneth amongst all them whom he mentioned before saying By him all things that are were made the things in the Heavens and the things in the Earth the things that are visible and the things that are invisible whether they be Thrones or Dominions or Regencies c. Unto the fore-alledged Arguments therefore we answer First that it is not simply the title of Head in such sort understood as the Apostle himself meant it so that the same being imparted in another sense unto others doth not any wayes make those others his Equals in as much as diversity of things is usually to be understood even when of words there is no diversity and it is onely the adding of one and the same thing unto divers Persons which doth argue equality in them If I term Christ and Cesar Lords yet this is no equalizing Cesar with Christ because it is not thereby intended To term the Emperor Lord saith Tertullian I for my part will not refuse so that I be not required to call him Lord in the same sense that God is so termed Neither doth it follow which is objected in the second place that if the Civil Magistrate may be intituled a Head he may as well be termed the first begotten of all Creatures the first begotten of the Dead and the Redeemer of his People For albeit the former dignity doth lift him up to less than these yet these terms are not applyable and apt to signifie any other inferior dignity as the former term of Head was The Argument of matter which the Apostle followeth hath small evidence or proof that his meaning was to appropriate unto Christ that the aforesaid title otherwise than only in such sense as doth make it being so understood too high to be given to any Creature As for the force of the Article where our Lord and Saviour is called the Head it serveth
of causes of Judgement to be highest let thus much suffice as well for declaration of our own meaning as for defence of the truth therein The cause is not like when such Assemblies are gathered together by Suream Authority concerning other affairs of the Church and when they meet about the making of Ecclesiastical Laws or Statutes For in the one they are onely to advise in the other to decree The Persons which are of the one the King doth voluntarily assemble as being in respect of quality fit to consult withal them which are of the other he calleth by prescript of Law as having right to be thereunto called Finally the one are but themselves and their Sentence hath but the weight of their own Judgment the other represent the whole Clergy and their voyces are as much as if all did give personal verdict Now the question is Whether the Clergy alone so assembled ought to have the whole power of making Ecclesiastical Laws or else consent of the Laity may thereunto be made necessary and the King's assent so necessary that his sole denial may be of force to stay them from being Laws If they with whom we dispute were uniform strong and constant in that which they say we should not need to trouble our selves about their Persons to whom the power of making Laws for the Church belongs for they are sometime very vehement in contention that from the greatest thing unto the least about the Church all must needs be immediately from God And to this they apply the pattern of the antient Tabernacle which God delivered unto Moses and was therein so exact that there was not left as much as the least pin for the wit of man to devise in the framing of it To this they also apply that streight and severe charge which God soosten gave concerning his own Law Whatsoever I command you take heed ye do it Thou shalt put nothing thereto thou shalt take nothing from it Nothing whether it be great or small Yet sometimes bethinking themselves better they speak as acknowledging that it doth suffice to have received in such sort the principal things from God and that for other matters the Church had sufficient authority to make Laws whereupon they now have made it a question What Persons they are whose right it is to take order for the Churches affairs when the institution of any new thing therein is requisite Law may be requisite to be made either concerning things that are onely to be known and believed in or else touching that which is to be done by the Church of God The Law of Nature and the Law of God are sufficient for declaration in both what belongeth unto each man separately as his Soul is the Spouse of Christ yea so sufficient that they plainly and fully shew whatsoever God doth require by way of necessary introduction unto the state of everlasting bliss But as a man liveth joyned with others in common society and belongeth to the outward Politick Body of the Church albeit the same Law of Nature and Scripture have in this respect also made manifest the things that are of greatest necessity nevertheless by reason of new occasions still arising which the Church having care of Souls must take order for as need requireth hereby it cometh to pass that there is and ever will be so great use even of Human Laws and Ordinances deducted by way of discourse as a conclusion from the former Divine and Natural serving as Principals thereunto No man doubteth but that for matters of Action and Practice in the Affairs of God for manner in Divine Service for order in Ecclesiastical proceedings about the Regiment of the Church there may be oftentimes cause very urgent to have Laws made but the reason is not so plain wherefore Human laws should appoint men what to believe Wherefore in this we must note two things 1. That in matters of opinion the Law doth not make that to be truth which before was not as in matter of Action is causeth that to be a duty which was not before but manifesteth only and giveth men notice of that to be truth the contrary whereunto they ought not before to have believed 2. That opinions do cleave to the understanding and are in heat assented unto it is not in the power of any Human law to command them because to prescribe what men shall think belongeth only unto God Corde creditur ore fit confessio saith the Apostle As opinions are either fit or inconvenient to be professed so man's laws hath to determine of them It may for Publick unities sake require mens professed assent or prohibit their contradiction to special Articles wherein as there haply hath been Controversie what is true so the same were like to continue still not without grievous detriment unto a number of Souls except Law to remedy that evil should set down a certainty which no man afterwards is to gain-say Wherefore as in regard of Divine laws which the Church receiveth from God we may unto every man apply those words of wisdom in Solomon My Son keep thou thy Fathers Precepts Conserva Fili mi praecepta Patris tui even so concerning the Statutes and Ordinances which the Church it self makes we may add thereunto the words that follow Etut dimitt as legem Matris tuae And forsake thou not thy Mothers law It is a thing even undoubtedly natural that all free and Independent Societies should themselves make their own Laws and that this power should belong to the whole not to any certain part of a Politick body though haply some one part may have greater sway in that action than the rest which thing being generally fit and expedient in the making of all Laws we see no cause why to think otherwise in Laws concerning the service of God which in all well-order'd States and Common-wealths is the first thing that Law hath care to provide for When we speak of the right which naturally belongeth to a Common-wealth we speak of that which must needs belong to the Church of God For if the Common-wealth be Christian if the People which are of it do publickly embrace the true Religion this very thing doth make it the Church as hath been shewed So that unless the verity and purity of Religion do take from them which embrace it that power wherewith otherwise they are possessed look what authority as touching laws for Religion a Common-wealth hath simply it must of necessity being of the Christian Religion It will be therefore perhaps alledged that a part of the verity of Christian Religion is to hold the power of making Ecclesiastical Laws a thing appropriated unto the Clergy in their Synods and whatsoever is by their only voyces agreed upon it needeth no further approbation to give unto it the strength of a Law as may plainly appear by the Canons of that first most venerable Assembly where those things the Apostle and Iames had concluded