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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A34480	Jura cleri, or, An apology for the rights of the long-despised clergy proving out of antient and modern records that the conferring of revenues, honours, titles, priviledges, and jurisdiction upon ecclesiasticks is consistent with Scripture, agreeable to the purest primitive times, and justified by the vsance and practce of all nations / by Philo-Basileus Philo-Clerus.	Philo-Basileus Philo-Clerus.	1661 (1661)	Wing C612; ESTC R23895	70,115	98

been imbraced without any contradiction and not have been reproved by so many Eminent Worthies just escaped out of the flames of persecution the School of Holinesse T is more than probable then that by virtue of the Apostolical precept of ending suits among themselves to prevent scandal it being the main imployment of the Ministery to make peace between those that are at variance in the Primitive times the whole management of differences was entrusted to the Clergy as being persons of the greatest sincerity and ability Now Constantine at his entrance upon the Government finding it so wisely considered how much the Authority and Reverence of Religion did conduce to the expediting of Causes and discovery of captious actions For this was not done unadvisedly sundry weighty reasons being subjoyned as will appear if the Laws be perused As first because t was hoped it would tend much to allay the heat of wrangling choak the malicious seeds of contentions 2ly Because the Judgments of Bishops were lookt upon as true uncorrupted and piercing whereby the Sophistry tricks and shifts of the Law might be prevented and poor men entangled in the tedious lasting snares of vexatious actions might have a speedy issue put to their affairs Now the good Emperour conceived they might well be intrusted with his own most important Negotiations and his Subjects estates to whom God had committed the care of their precious Souls therefore upon these prudential considerations being satisfied in the usefulnesse and integrity of Spiritual persons he made their Jurisdiction Authentick giving it the Royal stamp allowing no appeal from the sentence of the Bishops but making it as conclusive as his own leaving it free to any 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Zozom L. 1. c. 9. Niceph. L. 7. c. 46. who adds that this priviledge lasted to his time under Andronicus A. 1300. Valens and Valentiman A. 365. enlarged it and entrusted them with the rate of Commodities sold in the * Cod. Leg. 1. de Ep. Aud. Tit. 7. Markets But their Jurisdiction has been in several Ages very various sometimes encreased sometimes clipt as the Emperours were more or lesse favourable to the Church who ever kept the Soveraignty in their own hands Constantine was then the first that passed the Royall Grant in favour of the Clergy permitting the cognizance of all civil matters even between Laymen to the Episcopal Tribunal if either Party did require it though the other denied his consent and their appeal was to be obeyed by all the Magistrates whenever made though the action was already commenced in another Court Arcadius and Honorius did a little retrench this unlimited power yet still allowing it by the joynt consent of both parties and making the Bishops as t were Referees L. siquis ex consensu c. de Audientiâ Episcopal and their decision to be binding and final without any appeal This was afterwards ratified by Theodosius and Justinian l. Episc c. eodem Nay Justinian reposed so much confidence in them that he made them Overseers of the Secular Judges Novel Const 56. This then has been the avowed Catholick Practise of all ages and Nations where the Gospel has gaind footing For the greatest enemies the Church had could never yet deny but that the Bishops have had their Tribunals for above these 1300 years erected by Constantine confirmed by Arcadius and Honorius Theodosius and Valentinian 3 Only some curiously mince the matter and allow them power to hear Causes and to become Referees and Umpires by consent of both Parties but yet they will not hear talk of any coercive Jurisdiction though many Eminent Civilians attribute it to them and Accursius interprets Audientia Episcopalis a tearm frequent in the Code by Jurisdictio Nay t is evident there was no Case whatsoever except only Capital for Ecclesia sanguinis Iudicium non profert but might be decided by the Episcopal Tribunal and Constantine forbad the Greatest Prince in the Empire to revoke what once the Bishops had decreed Euseb Vit. Const L. 4. c. 27. In processe of time the Magistrate having encroached upon and almost outed the Clergy Charles the Great revives that good old Law of Constantine confirming the same Jurisdiction to all Bishops repeating the Charter word for word Car. Mag. in Capit. l. 6. c. 28. And here methinks this very name fills me with hopes that Charles's are born for the good of the poor oppressed Church and that God hath miraculously raised up to us as true a Nursing Father as ever bare that name or our Island produced And truly who can expect lesse from the Son of such a Father who dyed the Church's Nay the Clergies Martyr for if he could have dispensed with his Conscience and Coronation Oath to sacrifice them and their Revenues to the coveruous fury of a prevailing Adversary the 30. of Jan. need not have been noted with such Black Letters in our Brittish Almanacks CHAP. III. The Ancient Vnion of Spiritual and Civil Courts in this Island Corruptions no sufficient Argument for their utter Subversion Replies to sundry Objections from the example of Christ the Apostles and Primitive Christians THe exercise of Jurisdiction by the Clergy in this Nation may be deduced out of the best Records extant from the time the Gospel was publickly owned among us There 's nothing more frequent in our English Annals then Ecclesiastical Spiritual and Christian Courts I shall not multiply proofs but content my self with two the first out of Brompton where amongst the old Laws of Ethelstan we read Chron. Joh. Brompton c. 24 Episcopo jure pertinet omnem rectitudinem promovere Dei viz. saeculi debent Episcopi cum seculi judicibus interesse judiciis And the ordering of all measures and weights in each respective Diocess is there made of Episcopal Cognizance the Standard being left in the Bishops hands The next is of Spelman Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo ut Alter alteri auxilio esset consitio praesertim Episcopus Comiti nam in hunc illi animadvertere saepe licuit errartem cohibere Gloss v. Comes So much confidence did the Antients repose in the Clergy that the guidance and oversight of most temporal affairs was entrusted to them and a check upon the Laity Thus lovingly with all sweetnesse and Candot for 4. or 500. years during all the Saxon times and till that unhappy division by the Conquerour who defaced this beautiful this regular composure did Church and State Officers sit together in the morning determining Ecclesiastical affairs and in the afternoon Civil No jarrs no clashings of Juriscictions were then heard of no Prohibitions issuing out from one Court to obstruct the course of Justice in another thereby hampering the poor Client that he knows not which way to turn himself And I am perswaded there 's no better expedient to prevent lasting vexatious Suits and to relieve the oppressed Then again to reconcile these two Jurisdictions that according

militari L. 12. All avocations were inhibited and such Matters as tended to the publick good injoyned And why should not the same analogy hold here and such affairs be permitted to the Clergy as tend to the good of the Church and the glory of their great Commander Next we are urged with the Apostles practise who were so tender of any interruption that they denied to attend upon Tables and make provision for the poor T is true in the Infancy of the Church when the Gospel was to be publish'd all the world over the work great the labourers exceeding few not one to every Country the least diversion at such a time would prove a considerable hinderance and distraction to them But when the Lord of the Harvest has increased the number and plentifully furnish'd his peaceable setled Church every Village being now supplyed and if the complaints of some be true the nation so overstock'd that there is hardly imployment much lesse maintenance for the multitude In this case to make no difference of times where the mercifull Providence of God has made so vast a distinction seemes little agreeable to reason But if from this occasion must be taken presently to forbid every petty interruption and disturbance how came St. Paul to contradict himself and to follow his Tent-making labouring with his hands for a livelyhood which must needs take up a good part of his time and hinder his praying and preaching Adde to this that the 7 Deacons appointed by the Apostles to succeed them in the care of the Collections were according to Epiphanius of the 70 Disciples yet for the publick benefit their constant preaching was now and then dispenced with to attend on Tables 3ly We are threatned with several Canons roaring against it but t is supposed upon search they will be found falsely charged and prove only bruta fulmina And here I cannot but admire the modesty of the Primitive Church and the charity of the people the earnestness of Princes in commissioning Spiritual persons to compose all emergent differences and the forwardness of the oppressed in flying to their impartial Tribunals for Justice wherupon the holy Fathers in process of time thought it wisdome to take off their Clergy from those affaires by sundry severe Canons in many Councils 'T were easie to reckon up several prohibitions to this purpose out of Balsamon Zonaras Bininus c. It would be an infinite task to give particular answers to each Canon and therefore I shall lay down some generall Rules which may much conduce to the better understanding of them all and if well applyed may help to solve most First T is clear the great design was to forbid ambitious seeking after and voluntary engaging in secular matters for sordid ends and covetuous principles And this may probably be collected because we find a dispensation given when imposed by the supreame Magistrate In the Council of Sardis t is granted upon the motion of Osius Si relligiosi Imperatoris literis vel invitati vel vocati fuerint and undertaken in obedience as causes of Piety and charity overseeing Widowes and Orphans provided it extend not to the notorious neglect of their relligious callings Thus Justin Martyr Apol. 2. calls the Bishop the great Steward of all the Poor the contributions of the faithfull being laid down at his feet and by him distributed And Ignatius to Polycarp that he was the great Trustee of the widowes 2. T is not so much a totall prohibition as a prudent Restraint least animosities and jealousyes should arise in the Laity by too much enchroaching upon their Courts and therefore the wisedome of sundry Councils confined the Clergy to such matters as were properly of Ecclesiastical cognizance The Third ground and reason of these interdictions was not the unfitness and incapacity of Spiritual persons but out of respect to their eminent callings least they should be disparaged by vile and mean imployments and expresse mention is made of sordid offices about Princes and Noble-men as Stewards Bailises c. But when by the favour of Princes their imployments were honourable and their temporary diversions did bring abundant recompence to the Church we see those that had the principall hand in enacting these Canons themselves engaging Now can it be supposed if this had been the meaning they would have been guilty of so grosse a contradiction and no future Council reprove it Cyprian much confirmes me in this opinion who l. de Lapsis is perswaded that God sent the great persecution under Decius only to awaken the Christians who were grown exceeding corrupt especially the Clergy for he complaines that the Bishops themselves abandoned their holy Functions dealt in matters of the world haunting Marts and Faires for filthy lucre sake And much to the same purpose we find in our own Bede Gildas c. Now to beat down these enormities were so many Canons levelled But to make peace between quarrelling nations to compound differences amongst Christians and such like tending to the honour of God and the glory of the Gospel which may be often practised without Detriment to their spiritual charges I never find these expresly forbidden or such as ingaged in them as Cyril Austin Chrysostom Gregory Bernard c. condemned For if St. Paul became all things to all men to gain a Soul will not that example bear his Sucessours out if they go to the utmost verge of their Christian liberty still keeping on this side sin to preserve Kingdomes the Churches peace and prevent the effusion of Christian blood Their absence some daies from their private charges will be abundantly recompenced by such happy consequences 4ly If the utmost rigour must take place and no dispensation be granted how shal we reconcile the severe Edicts of some Councils whereby the Clergy are strictly injoyned to take no care of their Families but only and wholy to be intent upon reading praying and preaching Carthagin 4 with that of St. Paul who pronounces such a one worse then an Infidel All sober men will allow them to provide but not so as to neglect their holy Function and this holds as well in Civil as Family affaires Thus being out of Canon-shot we may securely proceed THE CLERGIES TITLES T IS the Observation of some that man comes into the world with his Face downwards looking from God and ever since his Nature was tainted by the fall there remaines in him an indisposition to good and tendency to evil Nov because openly to fall fowle upon Religion it self would be censured as down right Atheism therefore the devil has taught many a no lesse effectuall but much more secure way to begin with the Preachers of the Gospel to slight and vilifie them to deny them any reverend or honorable title Chrysost is express to this purpose in Psal 13 that Hereticks have learn'd from Satan not to give any names of honour to the Clergy and all this under a specious pretence of keeping them humble

that they may not grow proud A hopefull design and like well to doe the work when we see Servus Servorum Dei under the disguise of this lowliness take more upon him then Majesty it self making euen Emperours kisse his Toe and hold his Stirrup But the spirit of God is not sparing in asserting their just rights and he might have done well to forbear if there had been any such danger of puffing them up they are styled the Lords Messengers Hag. 1.13 Coworkers with God 1 Cor. 3.6 Embassadours of God 2 Cor. 5.20 Nor is any thing more common then to entitle them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Tim. 5.13 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Heb. 13.7.24 appellations of honour given every where to Secular Dignity and cannot be rendred into any vulgar language without borrowing from the Civil Nay let me speake it with reverence never did Court-flattery atribute more swelling names to the proudest Potentate on earth then the scripture does to Preachers of the Gospel styling them Angels and Starres Rev. 1. Light of the world 1 Cor. 11. and higher then which t is impossible to go Gods St. John 10.34 And Hierom notes that when St. Paul tearmes himself the Apostle of Jesus Christ he speakes as loftily as if he said Praefectus Praetorio August Caesar Lord cheif Justice of Augustus Magister exercitus Tiberii Caes Generall of Tiberius Armies So that here I can not but complain with the learned Mede of the Title Minister as very incommodious and improper for the Preachers of the Gospel begetting an erroneous conceit in the vulgar as if they were their servants who may more truely be called their Masters to teach them and this is farther promoted by those who in their common discourse use the language of serving such or such a Cure But is it not a Solecisme to call the shepherd the Sheepes Minister or servant To prevent this he rather recommends the word Priest being only the Evangelical Presbyter contracted or if the long engrossing of that by the Papists have made it odious to nice eares let Presbyter in the full sound be retained a word as soon and as easily understood as Minister But t is a difficult task to alter so rooted a custom and we may sooner suggest what is expedient to be done then find out a way to Reform it Though it neerly concerns the Clergy in such an Age as this to be cautious that they give not the least occasion which may contribute to their own debasing I am not good at Heraldry and therefore shall not take upon me to blazon the several Coats belonging to spiritual Dignities Only I cannot but remark that the Canon Law calls Patriarchs Super-Illustres Arch-Bish Illustres Bishops Spectabiles Doctors Clarissimos Nay Chastanaeus proves out of the Clementines that the Title of Serenissimus belongs to the Bishop But I shall not follow the wild extravagancies of these men whose sordid flattery giving too much to the Clergy has made others unwilling to give any at all at least not their Due Let us passe on to those we can better rely upon Leo Africanus assures us that the Moores call many of their Ecclesiasticks Scriphs i. e. Noblemen The Hebrews had no higher name then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to speak Honour and respect frequently applyed to God himself to Kings and Princes both of their own and other Nations the Philistine Lords being called by it Josh 13. yet you find Obadiah Controller of the Kings Family and one that feared God accosting the poor Prophet Elijah in that Language 1. King 18.7 and his servant Elisha saluted with the same appellation 2. King 2. The most Honourable name the Greeks had was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and yet how familiar is this in the New Testament and if Antiquity may come in to explain it there are no expressions more frequent to writers both of the first and middle ages concerning Bishops then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which if a man should render most holy and Honoured Masters t would hardly consist with the State attributed to them even in those early daies where the Consecration of a Bishop is styled sitting on a Throne Now the Modesty of the Ancients did receive these Titles of Honour without stain of pride or blemish to their Humility having Christ for their pattern who approves his Disciples calling him Lord and Master Gospel meeknesse may well stand with an Honorable Title and no wise man will be puft up with an aery sound T is the affecting of it then that Christ condemns when he forbids any to call his Disciples Master Mat. 23. otherwise if the letter be urged all of us must turn Quakers and shake hands with civility Honour those that are over you Phil. 2. and what lesse honour then in a word Now does God command and shall we scruple to give it and censure them that receive it What Barbarous impiety is it to set so low a rate upon Learning and Religion make them so servile that no Appellation of Reverence or esteem must be given the Professours of them Is it for the honour of England to grudge a small title to the Pastours of Souls which all the Governours of our Bodies and Estates enjoy without regret which any common Artizan that can but scrape together a little wealth and is promoted to Office is saluted with and we saw of late was given to Brewers and Coblers c. Is it for the Honour of England to court and respect the Embassadours of men and to slight those that represent the person of Christ and rank them with the basest Peasants Nor is this due to their persons only for let them be never so vicious their Professions may challenge it For Jesus Christ saith Cyprian L. 3. Ep. 19. yielded honour unto the Priests of the Jews though they retained neither the fear of God nor knowledge of him teaching us lawfully and fully to honour true Priests by his behaviour unto false And Chrysostom speaks roundly Hom. 2. in Ep. 2. ad Tim. This is the cause of all evil that the authority of Ecclesiasticall Rulers is decayed and no honour no reverence no fear yielded to them He that is religiously affected to the Priests will with greater piety reverence God and he that despiseth the Priest cometh by degrees to this that he waxeth contumelious against God himself I know many are scandalized at the Lordlinesse of our Bishops for no other reason then that it comes too near the Roman garb But is it not a piece of folly that every thing which carries with it the face of order and decency must presently be decried as superstitious and Antichristian and all that defend it charged as friends to Rome Cassandrian Grotian Papists I must professe t is my perswasion that the peevishnesse of many Reformers carried them farther from Rome then necessity required and many profitable commendable things have been disused by us because practised by them but is it charitable is it

to enact those Lawes to which they professe and yeild most cordial Subjection a Priviledge granted to the meanest Mechanick in a Corporation the arrantest Bumpkin in a County that can but zweare has Vorty Zhillings a year Every other Profession being admitted only Religion and Learning voted out of doores But if this holds what a fair advantage will the Romanists have to upbraid us with a Parliamentary Religion when the profound Mysteries of the Trinity the knotty Controversies of Predestination Free-will Perseverance c. must be stated by those some of whom many times possibly may be better acquainted with the nature of a Hawke or Hound Buying or Selling Commodities then such sublime Speculations Pardon the Expression which the Iniquity of former times drew from me and is not intended to reflect upon any worthy Patriots whereof this Nation can boast as large a number as any of its neighbours I say let it be seriously considered how we shall answere that Cavil when the most competent Judges of such matters are clean casheered no regard being had of their Ripe Abilities and exquisite knowledge Not to mention the Popish Lords who are grown so numerous all of a Judgment and watchfull to lay hold on every opportunity to merit by promoting the Catholick Cause and one Pocket may carry a great many Suffrages whereby much danger may ensue unles timely ballanced by the Lawn-Sleeves The crafty Iesuite is not ignorant of this who keepes a Jubile to see what a wound is given to the Reformation how much ground he has got by debasing our English Clergy whom of all the world he formerly most dreaded but if their Plumes be thus pul'd their Revenues impaired their Priviledges abated he then hopes to deal well enough with them And we must look to see every stone moved Rome Geneva Munster joyning Cook 4. Inst to compasse the continuance of this misery But let not them despaire who have Caesar on their side We know that by the Law of the land the King is Guardian to the poor Orphan Church which is eversaid to be infra aetatem in its minority in Custodiâ Domini Regis and now is the time for Majestie to appeare both for the Churches Honor and its own Security For of late yeares there hath been an unhappy Notion started and kept up by some no well-wishers to the Scepter that the Three I states of this nation consist of King Lords and Commons which how farr it may countenance former Actings and indanger future Disturbances I humbly submit to the prudence of those that are better able to determine But the Consequences of that opinion seeme directly to aime at the Levelling of Soveraignty and makeing it accountable to the other Two in their esteeme Co-ordinate Estates Now Restoring the Spiritualty the only True Legal 3 Estate is the hopeful'st expedient to remove that Destructive Principle out of the mindes of the fickle multitude So may the Crown be safe and the Miter no longer trampled upon And certainly t is high time for men to relent of their merciless Cruelty towards learned Industry The old Rule was Nulli sua Pietas debet esse damnosa but now that Complaint is again fulfild in our eares the Publishers of Salvation whose feete ought to be beautifull are reputed as the Filth of the world and the off-scouring of all things so that in the bitternes of their soules they may well cry out if their hopes were only in this Life they were of all men most miserable I take no pleasure in upbraiding an ungratefull Nation But is this the Reward of their unwearied Paines incessant Studies early Rising and late watching beating their Brains wasting their Bodies and contracting incurable Diseases Is this the Thanks for their Charity to the poore neglecting their Families Relations and Acquaintance for the glory of God and the good of their Country must they onely have Discouragements heaped upon them bread water and Rags if some had their will thought too good for them a small Income a common Priviledge grudged them after so many yeares Labour Sweat and Cost Is this for the Honour of our Reformation and becoming the Gospel Doubtles the prophane world will be apt to conclude that Christ is a hard master that suffers his Servants thus to be trampled upon and few will beleeve that Godlines hath the promises of this life or that Wisdome hath kept its word Riches and Honour are with me Prov. 8. when other Callings run away with all the Rewards and the greatest Deservings the highest Ingenuity the most Exemplary Holines in This meet with nothing but Frowns Contempr and Debasings THE CLERGIES JVRISDICTION CHAP. I. The Nature of Jurisdiction explained and the Regal Supremacy asserted WE come in the last place to Juris diction which may be defined a coercive Authority in externall judicature relating to the execution of Lawes This we grant primarily to reside in the civil Magistrate to whom the Sword is committed the establishing of Lawes belongs and whose right it is to appoint Judges in all causes Here then is the Fountain of all Jurisdiction which branches it self into two streames Spiritual and Temporal And that originally it proceeds hence is manifest because Appeales are ultimately made hither Thus we find S. Paul Act. 25. appealing from the high-Preist to Caesar as from an Inferiour Judge to the Soveraign the last Appellation ever denoting supreame Jurisdiction Thus amongst us if a man takes himself to be wrong'd in one of our Country Courts he may remove the Action to Westminster Hall and if Justice be denied there in cases of grand import the last reserve is the Parliament as the Highest Court of Judicature in the Nation The Church of Rome was not ignorant of this who strugled more in matters of Appeal then any other as being the fairest flower in her Garden and this once cropt you see how soon her power withered This might farther be proved from the example of Joshuah commanding the People to be circumcised from Jehoshaphats appointing the Priests to judge between blood and blood from whence the Royal Supremacy Jurisdiction in their respective Dominions doe invincibly follow Nor did the Ancients ever question it For Aser Menevensis styles King Alphred Lamb. Archaion Omnium Britanniae Jnsulae Christianorum Rectorem and the Confessour entitles himself Vicarium Summi Regis We doe then in al humility acknowledge the supreame Authority of the Magistrate not only in Civil which the French Pragmatique Sanctions challenge but in Church matters and farther Tertul. Apol. that a Magistrate as such whether Christian or Pagan it matters not ought in all things to be obeyed that are not contrary to the word of God and then passive Obedience becomes the Gospel Resistance being in no case lawful We doe look upon the King 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 with Menander 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And I ever thought there was much of truth shadowed out in that