the Synedry for by the Septuagint the word is given to every Company and in Moses by all the Congregation the Synedry of the Seventy Elders is signified as Aben Ezra and Rabbi Solomon have long since noted This also we know that the Corinthian who had defiled himselfe with incest was censured of many We 02 know that Timothy is enjoyned to rebuke them that sin before all that the rest may fear Which place seems by that which goes afore to be understood of Presbyters that sin who in the hearing of the other Presbyters were rebuked by the Bishops But although we understand it generally it is certain these indefinite Rules admit their restrictions and limitations according to the quality of the persons An Elder saith Paul rebuke not but entreat him as a Father and the yonger men as brethren Much more honour is due to the Soveraign Power and to Magistracy than to age Adde here which many have noted and is congruent to the Custome of the antient Church that the Prelats of the Church are not to bee reproved before the multitude how much lesse the King who is as Constantine said constituted by God as it were an universall Bishop Now as ignominious traduction so all coaction too against the Highest Power is unlawfull because all right of compelling proceeds from it there is none against it That which is objected concerning Uzziah is answer'd by interpreting the text according to the Originall thus And Azariah the chief Priest and all the Priests looked upon him and behold he was leprous in his forehead and they made him hasten thence yea also himself was compelled to goe out because the Lord had smitten him By the Divine Law it was not permitted for a leprous man to be in the Temple the Priefts were therefore earnest in hastning the King away because he was struck with leprosy and the disease it self encreasing upon him made him depart of his own accord The Priest declares God compels We have said what may be done by Authority of Divine Right the rest that hath been added by the Canons either naked or cloth'd with Law as it may wee confesse to good purpose be used upon the Emperour sometimes so if he oppose it or forbid by what right or with what prudence it may be used we doe not see For that all Government which ariseth from consent is under the Supreme Command and that all Jurisdiction is not only under it but also floweth from it is demonstrated afore nor is that in question that the Soveraign is not bound by penall Statutes Whence the antient Fathers have interpreted that of David To thee alone have I sinned to be spoken because he was a King whence also is that note of Balsamon to the twelfth Canon of the Ancyran Synod The Imperiall unction drives away penance that is the necessity of publick satisfaction Meane while 't is true that Kings to their great honour as in Civill affairs to their Courts and Parliaments so in Sacred they may submit themselves to Pastors even as to publick Judges For it is current saith Ulpian and a thing in practise that if the greater or equall subject himself to the Jurisdiction of the other sentence may bee given for him or against him But this subjection because it depends upon the Kings will and may be revok'd at pleasure diminisheth not a jot of his Supreme Command as it hath been proved by very learned men Whether or no it be expedient that a King should suffer this Jurisdiction to be exercis'd upon him is wont to be disputed They that affirme shew how by this submission of Kings much strength Authority accrueth to the Discipline of the Church 'T is true and spoken to the purpose As the Princes so will the People be and the Rulers example hath the sweetest influence But for the Negative it is said That the Common-wealth stands by the Authority of the Governour and as Aristotle the consequence of contempt is dissolution Certainly if any credit may be given to them that have recorded the affairs of the Emperour Henry and among them to Cardinall Benno the Rise of his calamity was that publickly with lamentable penance naked feet and course apparell in an extreme cold winter he was made a spectacle of men and Angels and at Canusium for the space of three dayes endured the scorne of Hildebrand A difference therefore must be made between those things which are needfull to the publick profession of repentance and the more grievous and ignominious punishments To the former some of the Emperours before Henry rare examples of Christian meeknesse have yielded willingly but Henry was the first of all upon whom any thing so ignominious was imposed or any thing at all without a voluntary submission And Hildebrand or Gregory VII was the first of all the Popes that took upon him so great a boldnesse toward the Imperiall Majesty as Onuphrius tels us who also saith that the Kings and Emperours who either upon just or unjust cause exempt themselves from these Positive censures are to be resigned up to the Judgement of God And so the Kings of France for many ages have challenged to themselves this right That they cannot be excommunicated In what fort a Pastor without such coaction may satisfy his conscience in the use of the Keys Ivo Carnotensis hath declared Let him say to the Emperour I will not deceive you I permit you at your own perill to come into the visible Church the Gate of Heaven I am not able to open for you without a better reconciliation It remains now to shew what is the Right and Office of the Highest Power about those actions which we have ascribed unto Pastors and Congregations And first as to those actions which by the only Right of Liberty and Privilege of Divine Law are exercised seeing by them also injury may be done to others it is certaine they are comprehended within the sphere of the Supreme Jurisdiction For not only the Actions which proceed from the Authority of the Highest Power but all Actions whatsoever capable of externall morall goodnesse or evilnesse are called to the judgement of the Highest Power If married persons performe not to each other what the Law of Matrimony requires and if the Master of a Family neglect his charge in these cases the Courts of Justice are of use Of all evill the Power is ordein'd the Avenger One among evils and not the least is the abuse of the Keys and unjust separation or denegation of the Sacraments There is an Imperiall Law prohibiting the Bishop that hee Sequester no man from the Holy Church or the Communion unlesse it be upon just ground And Justinian in his Novell forbids all Bishops and Presbyters to segregate any one from the Holy Communion before cause bee shew'd wherefore the Sacred Rules will have it to be done Mauritius the Emperour commands Gregory the Great to
Election inferrs thus Yet I will not thence conclude that the right of electing Bishops is to be reduced to the promiscuous Votes of the common people for whether it be better that the Bishop be design'd at the meeting of the whole Church or by the suffrages of a few no right Constitution can be prescribed to all Churches for severall Countries have severall Laws Customes and Institutes If any in whom the right is abuse it by Tyranny they are compelled into order by the Holy Magistrate or the right of designing Ministers may be transferr'd from them to others for it is sufficient that some Elders performe that office of Electing upon command of the King or Magistrate by the advise and Counsell of men who understand what the function of a Bishop is what is the condition of that Church or People over which a Pastor is to be appointed who also can judge of the endowments the learning and manners of every one By this right Justinian as we have said Constituted a manner of Electing somewhat receding from the former usage and the antient Canons by this right after the Nicene Canon were many Bishops elected by the Clergy and the People The Lawes of Charles the Great and other Kings are extant containing divers wayes of Electing so that Bucer said most truly The form of Election is prescribed by pious Princes Let us now consider whether the Highest Power it self may make Election the question is not whether it ought to make it nor whether it be alwayes expedient to doe so but whether if it doe make Election it commit any offence against the Law Divine We say with the excellent Marsilius Patavinus The Law-giver or Prince is not by any Law of God prohibited from the Institution Collation or Distribution of Ecclesiasticall offices Whosoever affirm the contrary doe accuse of impiety innumerable pious Princes of antient and of this age which truly is a point of great temerity when no Divine Law can be produced to prohibit it as hath been abundantly by others and by us in some part demonstrated Although this might suffice for whatever is not circumscrib'd by Divine Law is within the sphere of the Highest Power yet for the desending of our sentence both reasons and examples are in readinesse The first reason is taken hence that all actions even those that naturally belong to others not having causes determined by nature we see are rightly exercised by the H. Power Naturally men choose teachers for their children and give them Guardians sick persons make use of what Physician they please Merchants elect the Curators of their Company Yet in many places Guardianship is appointed by Law alone or the will of the Magistrates Physicians are constituted by publick Order and Informers of Youth too with interdiction of others from the practice of those faculties and to the Commanies of Merchants are fit Curators also appointed by the Highest Power without blame of any any But if this right be competent to the Highest Power over those things which did belong to every one much more over those things that belong unto the People because the power of the people is devolved upon it as all men know that have any knowledge of the Lawes That sometimes there may be just causes why the H. Power should challenge to it self the Election of Pastors no wise man will deny For often errours introduced into the Church against the word of God cannot be rooted out by other means often there is no other way to avoid Schism often the suffrages of the Clergy are disturb'd with factions popular election with seditions whereof are extant many examples even of the purer times Adde in the last place that the times are now and then so boisterous that the King will hardly keep the Crown upon his head except hee have a care the Pastors may be most obedient and faithfull to him Verily all Histories doe witnesse how dearly the German Emperours paid for their abdication of this Imperiall Right That we may come to Examples it hath been shewed afore that before the Mosaicall Law and afterward among the Nations without Judaea Kings themselves enjoyed the Priesthood the Divine Law not then forbidding it at which time there can be no doubt the Priesthood might also have been committed by them to others as we read the Pontifs and Flamens were created by the Kings of Rome But among the Hebrew people after Moses Law no man except of Aarons family could be admitted to the office of a Priest nor to the service of the Temple unlesse he were a Levit. Hence is Jeroboam justly blam'd for choosing Priests who were not Levits for the Law did not allow it nor was it in the King to command Sacrifices to be offered in any place but the accustomed which after David was Jerusalem Other Functions or the places for them the King might assigne to the Priests and Levits So were some Levits appointed by David for preaching others for singing And that there should be Singers with Harps and other Instruments was God's precept by the Prophets as the application of persons to the severall offices is every where attributed to David under the name of King and after David to Solomon and Jehoshaphat the King not the Prophet by name electeth Priests and Levits whom he might send forth to the Cities of Juda to instruct them The very same thing that is here debated For as some Fathers were of opinion the right of blood in the Moisaicall Law is correspondent to the Imposition of hands in the Christian Law As then the Hebrew King may apply certain persons to a certain office and place but only such as were of Aarons family and Levits so the Christian King rightly makes a Presbyter or Bishop of a certain City but of them which are ordain'd or to be ordain'd And so did Nehemia's Lieutenant to the Persian King leave some Levits in the particular Cities others hee called forth unto Jerusalem Yea the High Priest attained not that dignity by Succession but Election of the great Synedry yet confined unto certain families which Election seemeth to have been the regall right when the Kings reigned the most learned of the Hebrews Maimonides hath observed But let us proceed with the Christians Before Constantine no man will wonder that no Christian Pastors were elected by the Emperours when the Emperours either were enemies to the Church or had it in contempt and accounted it not worthy of their care Constantine gave the force of a Law to the Nicene Canon of Election to be made by Bishops other Emperours after him did the like either by renewing the Canon or not abrogating of it And 't is manifest this manner of Election was long in use the Empire being of greater extent than that the Emperours diligence could provide for all the Churches Notwithstanding this it was lawfull for the Emperours if they pleased to Elect by themselves For seeing it
Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin â—ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men
5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht â—om it Separation Epist 68. Jo. 10. Rom. 16.17 Tiâ— 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct froÌ„ them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the Supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons Which are refelled by Scripture and the objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de â—pisc Clâ—ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall appâ—als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyteâ—s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Polluâ— l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutabâ—lity in the manâ—er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 19. And may it self make Election upon just cause 20. This proved by reason 21. And by examples in the state of Naturall Law And under the Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures by them is meant the Collation of Bishopricks L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distinguâ—sh◠〈◊〉 â—ot necessary 3. Of Bishops and Lay-Elders 3 The word shopâ— plain Here â—â—ken so the Oâ—â—sver â—â—stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd Lâ— 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right oâ— Ordination 16. For what reasons Bishops were laid by in some Churches De Minister â—vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall â—ime 18. All the antients by Presbyters understand only Pastors The ambiguâ—ty of the word Seniors and Elders 19. The Penitentiary Presbyâ—er De penitenâ— 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the dâ—fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Chaâ—c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cerâ—ain cauâ—ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. Tâ—id 11. All Patronages subject to the Highest Power 12. Inferior powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox
Christian Magistrate as the true Deputy of God in his Dominion So the Basil Confess Yea the English Church denounces Excommunication against them that deny the King of England that Authority in Ecclesiasticall affaires which was used by the Hebrew Kings 'T would be tedious to transcribe what hath been written in defence hereof Besides the Divines all the writers of Politie that are worth the reading have given account of this not only as a part but as the principall and best part of the Imperiall Right Neither have only the antient Christians and late reformed but other Nations also deliver'd this with so great consent that 't is most manifestly the very voyce of right reason common to all man-kind and being derived from the most antient before the depravation of Religion by a long Succession hath been deliverd to their Posterity The first care in a Common-wealth is about things Divine thus Aristotle and Plutarch This is the first thing in making Lawes It is fit saith he the Best should be honour'd by the best and He that ruleth all by him that ruleth The most ancient Law-givers Charondas and Zaleucus approv'd the same by their own example and the twelve Tables the Fountain of the Roman Law derived from the Greeks contained sundry Precepts about Sacred things Justinian and Theodosius have Lawes concerning Religion in their Codes and Ulpian defines the wisdome of the Law to be the knowledge of things Divine as well as Humane Suarez himselfe confesseth It hath been alwayes observed among men though particular offices Civill and Ecclesiasticall were given to severall persons because the variety of actions required that distinction yet the Supreme Power of both especially as to making Lawes was seated in the Prince and so it appears by Histories that unto Kings and Emperours in the City of Rome and the Empire this Power was ever given The same is also probable of other Common-wealths Generall Custome saith the same Schoole-man declares the institution of Nature Indeed Thomas and Cajetan seem to have thought all the care of Law-givers in those Nations to have regarded only the publick Peace But this thus precisely taken is very hard to be proved and scarce credible For the Christian Fathers doe prove most evidently that the Greeks of old believed Rewards and Punishments after death to be reserved for men by divine Judgement That they thus believed and other Heathens too there are very many Testimonies of most faithfull Authors Why then may we not believe this end was look'd upon by some of their Law-givers especially when Austin saith 'T is not to be doubted very many beside Abrahams Family although the holy Scripture mention only Job and a few more did believe and hope in Christ to come But besides that end eternall happiness the prime and principall this also is a just cause for the Highest Powers to take Religion into their charge the great Consequence it hath to outward felicity and concord and that for two reasons the first in respect of Gods providence for piety hath the promises not only of the future but of the present life Seek first the kingdom of God and all other things shall be added unto you And in the old Law of the Hebrewes a prosperous Reigne fruitfulnesse of the earth victory over enemies are proposed to the godly to the ungodly are threatned most grievous curses Nor were the Gentiles ignorant of this no not after they had departed from the one true God unto their Idols Livy saith All things fall out luckily to those that worship the Gods unprosperously to the despisers of them In Plato there is much to this purpose For Christian writers take only that of Leo to Martian I rejoyce that you are studious of the Churches peace and this shall be your reward the peace you give to the Church your Empire shall partake of The other reason is from the nature and proper efficacy of Religion which is of force to make men quiet obedient lovers of their Country keepers of Justice and Equity and where the people are so well disposed the Common-wealth must needs be happy Hence Plato calls Religion the fortresse of Power the bond of Lawes and good Discipline Cicero The foundation of humane Society and Plutarch sayth the City may more easily be built without ground than the Citizens preserv'd without a persuasion of the deity Cyrus in Xenophon thought his houshold would be the further from any evill enterprize against him or one another the more they feared God and Aristotle notes that Subjects doe most esteem and trust the King whom they believe to stand in awe of the divine power Even false Religion conduces somewhat to outward peace and the nearer it comes to truth the more it prevails to that end but for Christian Religion to let passe the testimonies of her friends the adversaries have given it this praise That it binds men with a holy tye not to commit stealth or robbery not to break their word or faile in their trust as Pliny speaks That it teacheth nothing but what is just and gentle as Ammianus Marcellinus that it is a persuasion which destroyes all wickednesse as it is in Zosimus Nor is this the effect of Religion in that part only where it prescribes a rule for manners and strengthens it with threats and promises the Doctrines and Rites also have no small moment to the furthering of good life and advancing the publick happinesse Xenophon perhaps thought it was a witty conceit when he said T' was all one as to manners whether we believe God corporeall or incorporeall but Truth it self hath taught us otherwise when from this that God is a Spirit is inferr'd therefore He must be worshipped in spirit The most vertuous mind as Seneca also acknowledgeth is the best worship and most acceptable to God So doe even the Philosophers teach that no foul deed is to be committed because God is every where present and because God knowes all that shall come to passe they shew that nothing shall befall good men but what shall turne to their benefit Tiberius was the more negligent of religious duties as Suetonius hath it being perswaded all things were carryed by Fate and it was not in vaine that Plato said If you would have the State goe well you must not suffer any one to teach that God is the cause of Evill deeds which to say is impious and therefore to the Common-wealth most pernicious The same Plato shewes at large that it is of much concernment what rites are used and with what mind in the second Book of his Republick where he setteth down the harme those Ceremonious expiations doe by the use whereof without amendment of life men hoped for pardon of their wickednesse Other causes but lesse principall might be added for which the highest power cannot relinquish the command over sacred things without the very great hazard of the Common-wealth for some Priests are of
God the matter and oceasions are by Humane Power withdrawn So Ezechias brake the brasen Serpent so the Emperours shut up the Heathen Temples Fiftly 't is the part of the Highest Power by proposing punishments to draw men to the doing of that which God Commands and deterre them from the contrary as Nebuchadnezar made it death to speak evill of the Hebrews God and the Emperours to offer sacrifice to the God of the Gentiles And in these particulars consisteth as I take it that Office of the Highest Powers which is called by Justinian the preservative of the Divine Lawes meaning such a custody which is also Legislative as Austin speaketh Let the Kings of the earth serve Christ by making Lawes also on behalf of Christ And the same particulars have place in things not Sacred which are likewise defined one way by that Divine Law which the Apostle cals the righteousnesse of God For therefore the Civill Law is said to consist partly of Civill institutions partly of Naturall precepts Concerning which Naturall precepts the Civill Law gives right and liberty to doe them hindrances being remov'd yea commands the same things to be done determines circumstances takes away or streightens the occasions of often transgression Lastly addes a sanction to them by the constitution of punishments which is so manifest that we need spend no more time in this Let us come to those things which by the Divine Law whether written in the hearts of men or in the Holy Bible are not at all determined To determine them either way whether they be Sacred or Profane is the right of the Highest Power Of prophane 't is most known so David of dividing the spoile the Roman Emperouis made constitutions of the solemnities and effects of Contracts and Testaments innumerable other matters Of Sacred things 't is no lesse clear if one I say not diligently read but only look into the Sacred History the Codes of Theodosins and Justinian the Novels the Capitular of Charls the Great Every where examples are so obvious It pertaines hither to institute Offices more for convenience and ornament than for necessity as David did to build or beautify temples as Salomon and Joas or to appoint a Law and manner of building them as Justinian to prescribe the manner of Electing Pastors holding Synods keeping order among Pastors alienation of things dedicate to holy uses all which very many Christian Emperours have done Now if the Highest Power shall exceede the due limits by decreeing and ordeining any thing either in Ecclesiasticall things against the Rules of Faith and Religion prescrib'd by God or in other matters against the perpetuall rule of equity as in both kinds it sometime happons Ecclesiasticall and Civill things doe againe agree in this that as a man cannot be oblig'd to obey men rather than God so if upon refusall force be offer'd there remains the glory of patience no right to oppose force to force So Christ hath caught Peter and Peter us So saith Ambrose Grieve I can weep I can mourn I can any other way to make resistance I cannot I ought not A most holy example of that patience prescrib'd unto us by God is left us by those antient Christians that liv'd under the heavy yoake of the unbelieving Emperours They were men to be feared for their number had they chosen rather to shed others bloud than their own for Tertullian shews how they had filled both the Camp and City That victorious Thebane Legion for Religion sake was contented to lose every tenth man at the Emperours Command and it is memorable that when there was one Christian put to death for tearing the Imperiall edict Commanding Bibles to be burnt Churches to be demolisht and the Christians Crucified the rest of the Christians declared He had justly deserved that punishment So deeply had the voyce of Christ sunk into their minds that forbids to take the sword Every one takes the sword who hath not receiv'd it from God God hath given it to none but the Supreme Powers and to such as they appoint No examples of the old Testament evince the contrary for when we read of the defections of people or Cities from some Kings and the impiety of the Kings set down for the cause therein the divine judgement is described not the deeds of men commended But if the Highest Power that hath undertaken the protection of true Religion be it self therefore opposed by the armes either of forraign or domestick enemies it hath all the right and reason in the world by Arms to defend its own Authority and the lives and fortunes of the Subjects For 't is all one upon the matter whether the opposition be for Religion or any other pretence nor is the Power being Independent more bound to let go the use of Religion than the possession of land at the pleasure of any other whatsoever For He beareth not the Sword in vain It hath been shewed I think sufficiently how the Highest Power hath equall Authority over actions Sacred and Prophane over the externall primarily and in regard of them over the internall also in the second place I say Authority to command and forbid what is commanded already and forbidden by God to determine things left in the midst and permitted to mans liberty and when force is offered under pretence of right to defend it self I say equall Authority over Sacred and Secular actions which Binius also a man of the Roman religion acknowledgeth In generall there is no difference but if we come to particulars 't is confest Authority extendeth not to so many Sacred things because the divine Law hath determined more of them than of the Secular for the secular affaires the Institutes of the Hebrew Common-wealth it is plain oblige not us are almost all circumscrib'd by rules of Nature saving that it may be doubted of some connubiall Lawes whether they be Naturall or out of the Divine pleasure But concerning Sacred matters much is prescribed us in the Gospell and proceeds immediatly from the will of God This being noted I see not any thing more remaining in this question for that a more diligent enquiry and greater care is need-full in things Sacred both because the Law of Nature is more known than the Positive and because errour in Religion is more dangerous this pertains to the question of the Manner to use the Power rightly and changed nothing in the Power it selfe CHAP. IV. The Objections against the Authority of the Highest Fowers about Sacred things are answerd THE right under standing of what is al ready spoken will help any one to answer all that is said against the Authority of the Highest Powers in things Sacted or Ecolefâ—asticall For first that Christ himself not the Highest Powers ordained the Pastorall office that as to the substance of the office Christ also hath set down the rules and that so far as we have before acknowledged Pastors are
instance in Civill affaires For Kings unto whom supplication is made against the sentence of the Praetonian Prefects or of the chief Senate do for the most part commit the last hearing of the Cause to men of Law whose sentence unlesse it be suspected they confirm sometimes they command the Cause to be pleaded all again before themselves So in causes Ecclesiasticall it was the Custome for Emperours to commit the matter to the examination of other Bishops for their religion and wisedome most noted and taking account of them to confirm what in their own discretion they judged best And this is the cause why against former Synods other new and these not greater than the former were so often called not because this Synod by it self was Superiour unto that but these men had greater credit with the Emperours than the former It was but seldome that the Emperours heard all the Cause again themselves as Constantine after the Church had judged twice himself examin'd the Gause of Coecilian and gave finall Judgement in it He also call'd before him the Bishops who had met at Tyrus to render him an account of all their doings Wherein he is justly defended by our Men against the Patrons of the Roman Sea It is true in Sacred no lesse than in other matters that an Appeale strictly taken which inhibites the execurion of Sentence given may by the Civill Law be taken away but then there is left open another way to implore the Hearing of the Highest Power by Complaint or Supplication For if this be denyed the King could not scatter away all evill from his throne Hee could not be a terrour to all evill which is his perpetuall office so that the old woman said well to Philip of Macedon If he were not at leisure to be Judge Hee should not be at leisure to be King Maecenas saw this of old who sheweth to Augustus that no man under the Highest ought to have so much Power committed to him as that from him there should be no appeal One thing more must be remembred here that the right of the H. Power after the Synod to determine any thing against the Synod cannot be contracted only unto those Controversies wherein as it were the whole body of Religion is in Question For there is the same right in the parts as in the whole and the reasons before alleged give unto the H. Power a free finall Judgement in single Questions as well as in all together For also in single Questions Synolds may erre neither ought the H. Power to yield blind obedience to them much lesse by its Authority to defend a false and hurtfull doctrine or suffer the truth to be oppressed nor can the wisdome of the Highest Power permit errours to encrease by little and little and as their nature is one beget another till their number be so great that they cannot be rooted out without hazard of the Common-wealth CHAP. VIII Of Legislation about Sacred things HItherto we have spoken generally now let us more neerly view the severall parts of Authority The Act of Authority either respects all or single persons that is Legislation this if an occasion of Sute is Jurisdiction if otherwise it is called by the generall name because it wants a speciall Of this last sort the commands are such as the Centurions I say unto this man Goe and he goeth to another Come and he cometh to my servant Doe this and he doth it but the principall act is the Injunction of Functions permanent In what things Legislation is may be understood by the precedent part of our discourse for almost all things belonging to Authority we have explained by examples of Legislation as the more noble Thence it appears that a Law is made either of the things defined by Law Divine or of those that are left undefined The Laws that are made either respect the whole body of Religion or the parts of it In nothing more shines forth the vertue of Supreme Authority than in this That it is in the power and choice thereof what Religion shall be publickly exercised This all that have written Politicks put in the chiefest place among the Rights of Majesty and experience proves the same For if you enquire Why in England under Queen Mary the Roman Religion was set up but under Queen Elisabeth the Evangelicall the nearest cause cannot be rendred but from the will and pleasure of the Queens or as some will have it of the Queens and Parliament Enquire why one Religion is in Spaine another in Denmark another Sweden you must have recourse to the Supreme Governours will But many doe object If that be so the State of Religion will be very unconstant especially where one is Ruler over all for upon change of the Kings mind Religion also will be changed 'T is true indeed that they say but that danger is in all other things as well as Sacred The work will be like the work-man and the Law be as the King Yet no mans right is to be denyed him for the danger of abusing it for then no mans right shall be safe Besides although the Highest Power should transfer that right upon another which we have shewed he may not the same danger would still remaine for the right would but passe from men to men and every man may be deceived Here then our only comfort lyes in the Divine providence Indeed the hearts of all men God hath in his power but The Kings heart is in the Lords hand after an especiall manner God doth his work both by good and evill Kings Sometimes a calme sometimes a storme is for the Church more useful If the Governour be pious if a diligent reader of the Scriptures if assiduous in prayer if Reverent to the Catholick Church if ready to heare wife Counsels by him will the truth be much advanced But if he be of a perverse or corrupt judgement it will be more hurtfull to himself than to the Church for he must expect a heavy judgement from the King thereof who will not suffer his Church to be unrevenged The Church in the meane while ceaseth not to be the Church yea if the King rage against it it will gather strength and inciease under persecution Certainly 't was never lawfull for Subjects to gaine by force the publick exercise of their Religion the antient Christians when they were at strongest when they had Senators and Presidents very many of their mind never took such right unto themselves 'T is the Office of the Highest Power alone publickly to authorize the true Religion and to remove the false To remove Idols out of private places belongs to the Lord of the place and upon his neglect to the King as the Lord generall but to remove them out of the publick place is the right of the Highest Power and to whomsoever it shall delegate that office And thus is that Law of Deut. to be
imitate the Sacred Canons For in things not defined by Divine Law the Canons are usefull to the Law-giver two wayes They doe both contain the Counseis of wise men and make the Law more gracious in the subjects eye This as it is not necessary to the right making of a Law so if it may be obtained is very profitable Justinian's Novel is Extant wherein he gives the force of Lawes to the Ecclesiasticall Canons set forth or confirmed by the four Synods the Nicene the first of Constantinople the first of Ephesus and that of Chalcedon Where by the word Confirmed we must understand the Canons of the old Provinciall Councils which being generally receiv'd were therefore contained in the Code of the Catholick Canons Now to that which some Enquire whether the Church hath any Legislative Power the Answer may be given out of our former Treatise By Divine Law it hath none Before the Christian Emperours the Decrees of Synods for the order or the ornament of the Church are not called Lawes but Canons and they have either the force of Counsell only as in those things that rather concern single persons than the whole Church or else they bind by way of Covenant the willing and the unwilling being the fewer by necessity of determination and therefore by the Law of Nature not by any humane Authority This notwithstanding some Legislative Power may be granted by Humane Law to Churches Pastors Presbyters or Synods For if to other Companies and Colleges whose usefulnesse is not to be compared with the Church that Power as we have said above may be granted by the Supreme Governour why not also to the Church especially when no Divine Law is against it But two things must be here observed First this Legislation granted doth not at all diminish the right of the H. Power 't is granted Cumulatively as the Schooles speak not Privatively for the H. Power though it may communicate to another the right of making Lawes generall or speciall yet can it not abdicate the same right from it selfe Next the Lawes made by any such Company may if there be cause be nulled and corrected by the H. Power The reason is two Lawgivers both highest cannot be in one Common-wealth and therefore the Inferiour must obey the Superiour Hence it is that for the most part in the constitutions of Synods we see the assent of the Highest Power expressed in these words At the command of the King By the Decrce of the most glorious Prince the Synod hath Constituted or Decreed It may be objected here That Kings sometimes affirme they are bound by the Canons and forbid to obey their Edicts contrary thereto But this is of the same sense as when they professe to live by their own Lawes and forbid their Rescripts if they are against the Lawes to be observ'd For such professions take not away their Right but declare their will As a clause added in a former Testament derogating from the later makes the later of no value not because the Testator might not make a later Testament but because what is written in it is supposed not approved by his free and perfect Judgement And hence it is that if there be a speciall derogation from the derogating clause as the later Testament is of value so is the later Constitution too But that Canons have been nulled and amended by Emperours and Kings and that Synods ascrib'd that Power to them was prov'd sufficiently when we treated of Synods Yea which is more even those Canons which are found in the Apostles writings were not perpetually observ'd The reason is because they were supposed to contain not so much an exposition of Divine Law as Counsell accommodated to those times Such is the Canon to Timothy That a Neophite be not made a Bishop which was renewed in the Synod of Laodicea Yet in the Election of Nectarius this Canon was layd by by Theodosius and by Valentinian in the Election of Ambrose And such is that Canon That a Widow under sixty be not chosen for a Deaconesse which Theodosius also constituted by a Law Yet Justinian permitted one of fourty to be chosen 'T is not to be forgotten here that the Hebrew Kings excepted some actions from the Divine Law it selfe There was a Law That no unclean person should eat the Passeover Yet Ezechius having poured forth his prayers to God granted an Indulgence to the unclean to cat thereof Again the Law was that the Beasts should be slain by the Priests and yet twice under Ezechias the Levites by reason of the want of Priests were admitted to this office Not that the Kings loosed any one from the bond of Divine Law for that can no man doe but that according to equity the best Interpreter both of Divine and Humane Law they declared the Law Divine in such a Constitution of affaires to lose its obligation according to the mind of God himself For such a Declaration as in private actions and not capable of delay it is wont to be made by private men So David and his companions interpreted the Law which permits the Priests only to eat of the Shew-bread to have no binding force in the case of extreme hunger so in publick actions or in private also that may be delay'd it is to be made by the Highest Power the Defender and Guardian of Divine Law according to the counsell of wise and godly men And hither for conclusion I refer that in the time of the Macchees it was enacted that it should be lawfull to give battell to the Enemy on the Sabbath day CHAP. IX Of Jurisdiction about Sacred things TO Legislation Jurisdiction is coherent with so neer a tye that in the highest degree one cannot be without the other Wherefore if the Supreme Legislation about Sacredthings under God agrees to the Soveraign Power it followes that the Jurisdiction also agrees unto it Jurisdiction is partly Civill partly Criminall 'T was a point of Civill Jurisdiction that the Episcopall Sea of Antioch was abjudged and taken away from Paulus Samosatenus The Criminal from the chiefe part of it is call'd the Sword Hee beareth not the Sword in vain but is an avenger upon all that do evill therefore upon them too that doe evill in matters of Religlon Of this sort was the command of Nebuchodonosor the King that they should be torn in pieces who were contumelious against the true God and that of Josias wherby Idolaters were put to Death Relegation also belongs to Jurisdiction So Solomon confin'd Abiathar the Priest without any Council as the Bishop of Ely well notes t was indeed for treason but he had as good Right to punish him if the offence had been against the Divine Lawes So the Christian Emperours banisht Arius Nestorius and other Heretiques Esdras and his associates received Jurisdiction from Artaxerxes whereby they punished the obstinate Jewes with the publication of their goods and ejection out of the
embrace Communion with John of Constantinople In France the antient usage was by seizing on their Lands and other wayes to compell the Bishops to the Administration of Sacraments And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service Much more then may the Highest Power challenge this right over such Actions as have their force not by Divine but Canon Law For under the pretext of Canons it sometimes happens that the Canons are violated and 't is possible the Canons themselves may be exorbitant from the Divine prescriptions If either be the Highest Power cannot deny the Plantifs to take knowledge of the case Now concerning those actions which flow from Humane Law and oblige men whether they will or no and draw after them coaction there is much lesse cause of doubt For all Jurisdiction as it flows from the Highest Power reflows unto the same But as it is a part of Jurisdiction noâ— only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Amaâ—â—iah and the other 02 Priests with him are constituted Judges by Jehoshaphat Neither can be shewed more evidently the Jurisdiction of the Supreme in this kind of causes than that all degrees of appealing depend upon his pleasure Otherwise why doe the Pastors of England appeale unto this or that Bishop all the Bishops unto the two Archbishops And there is the same subordination of the consistories Classicall and the Nationall Synods Nor is the last terme of appealing limited by any Law Naturall or Divine Wisely said the King of Britaine in his judgement every Christian King Prince and Common-wealth have it in their Power to prescribe unto their subjects that externall forme of Government in Church affairs which may suit best with the forme of Civill Government And truly of old it was so done by the Christian Emperours Otherwise whence came that so great Prerogative of the Constantinopolitan Church Whence had the Synod of Chalcedon power to abrogate the acts of the second at Ephesus Now as in Civill businesses the judgement is permitted by the Highest Power for the most part to the appointed Courts and at last upon Petition against the greatest of them the matter is referr'd to men most skilfull in the Law or more rarely the Highest Power it self advising with learned Counsell gives finall judgement but very seldome upon suspition of some Court cals forth the cause unto it self so also in these controversies about Sacred things it hath been most usuall by the ordinary Synods and upon appeal from their decree by a certaine Assembly called for the purpose to put an end unto them it hath been lesse usuall yet sometimes usefull for the Emperour himself to judge of the Religion and equity of the former Judges Thus in the case of the Donatists after a double judgement of Bishops Constantine did who although he approved not the appeale yet he refused not the tryall of it But this is somewhat more rare and yet not without right that if a Synod upon probable causes be declined the Highest Power cals the cause before it self and weighing the opinions of most eminent Divines pronounces what is most equitable The Synod of Antioch prohibits him that complains of injury received from a Synod to trouble the Emperour with the hearing of his Case so long as the matter may be rectified by a greater Synod Yet this takes not from the Emperour the Power to heare the cause if it be brought before him Moreover the modesty of the antient Bishops hath attributed Power to Kings not only to examine the right or wrong of Excommunication but to pardon also and abate the punishment thereof for so much as belongs to Positive Law Ivo Carnotensis a Bishop and a stout desender of the Churches right against Kings was not afraid to write unto his fellow-Bishops that he had received a certain person into Communion in contemplation of the Kings favour to him according to the Authority of a Law that saith whosoever the King receiveth into grace and admits unto his Table the Priests and Co gregation must not refuse The Kings of France and the Vindicators of the Regall Right the Judges of the Supreme Courts have often constituted and decreed that publike Magistrates by occasion of that Jurisdiction they exercise are not subject unto those Ecclesiasticall penalties So in the Decrees of Hungary of the year 1551. the Ecclesiasticks are forbidden to send out without the knowledge and permission of his Majestie any sentence of Excommunication against the Nobles of that Kingdome And in an antient Law of the English it is read that none of the Kings Ministers be Excommunicated unlesse the King be first acquainted with it Which I see the Princes of Holland have thought sit to imitate for the same was promulged by Charls the Fift by his edict in the year 1540. Neverthelesse such use of the Keys as is congruent to Divine Law and such injunction of penance as is consentancous to the Laws and Canons the Highest Powers are wont to approve And this is the Imperiall Anathema mentioned in sundry of Justinians Laws We conclude that Christian Powers at this time doe not innovate which will not unlesse upon causes approved by themselves suffer Excommunication being joyned with publick shame to proceed unto effect which by their command inhibit censures manifestly unjust for it is their Duty to save every one from injury and to keep the Church from Tyranny CHAP. X. Of the Election of Pastors REmains that part of Empire which as we have said consisteth in assigning Functions The perpetuall Functions in the Church are two of Presbyters and Deacons Presbyters with all the antients I call them that feed the Church by preaching of the Word by Sacraments by the Keyes which by Divine Law are individuall Deacons which in some sort serve the Presbyters as the Levites did the Priests of old To this order are referr'd the Readers who were in the Synagogues as the Gospel and Philo shew and were retained in the Church as appears by History by the Canons and by the writings of the Fathers In the Gospel he that keeps the Book is call'd the Minister which is even all one with Deacon and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree which were afterward called Subdeacons But the most laborious part of Deaconship is about the care of the poore Presbyters the antient Latin Church translated Seniors Deacons I think cannot otherwise be stil'd than Ministers although there be some who as their manner is in other things had rather carp at this than acknowledge it to be true I am deceiv'd if Plinius Secundus did not understand both Greek and Latin yet he relating the Institutes of Christians rendring word for word names them Shee-Ministers whom Paul entitles Sheedeacons and the Church afterward Deaconesses Now as the Levites could doe nothing but
that Maintenance is assigned them out of the publick either lands or moneys that Vacation from civill offices and in some causes exemption from the Court of Inferiour Judges is indulged to them All which shewes that their publick Confirmation is by the favour of the H. Power as the Institution of their Office is from God their Ordination by the Pastors Only there remaines to be disputed their Election that is the Application of the Person to the Place or of the Place to the Person That we may handle this question exactly we must have recourse to that distinction set down afore Some things are of immutable right other things are just and right untill it be constituted otherwise In this later way not in the former the Election of a Pastor in any place whatsoever belongs to the Church or Congregation of the faithfull in that place That the Election is rightly made by the Church is proved by the very Law of Nature for naturally every Society is permitted to procure those things which are to their own conservation necessary in which number is the Application of Functions So have the Company in a ship a right to choose the Master Fellow-Travellers their Leader a free people their King Whence it follows if the Divine Law hath not prescribed a certain way of electing and as yet no Humane Law thereof is extant then the Election of their Pastor pertains unto the Church But he that will affirm this Right to be immutable must evince the immutability either by the Law of Nature or by the postive Law of God By the Law of Nature he cannot for no reason persuades it and like examples shew the contrary So many Nations who are under the Command of the best men or of hereditary Kings may not now Elect their King because that which Nature did permit might be chang'd by Humane Law and hath indeed been chang'd He must then have recourse to Positive Law which he will never be able to produce Examples in stead of Law hee must not allege for many things are rightly done which yet are not necessary to be done Nay more not only many things grounded upon examples of the Apostles time but also some things Instituted by the Apostles use hath altered to wit such things which were not strengthned by the force of a Law The Apostles Instituted that the Churches should have Deaconesses which Pliny also shewes to have been among the Christians in his age What Church is there now wherein this Office is retain'd And Beza saith he sees no cause why it should be restor'd The same Beza acknowledgeth the Function of the Deacons to have been perpetuall by Apostolicall Institution who neverthelesse approves the different usage of Geneva The Apostles Instituted that Baptism should be celebrated by immersion which by aspersion is now perform'd Many other things of like sort need not be prov'd abrogated seeing they are prov'd to have been used they are not prov'd to have been commanded But farther it appears not out of the whole History of the New Testament that Pastors were Elected by the people that the manner of Election remained indefinite is more easily collected thence I speak of Pastors for of the receivers of the Churches mony there is not the same reason The Apostles were very sollicitous lest by taking of the publick mony they should incur suspicion or give offence Paul might assume Luke unto himself by his Apostolicall Power and commit to him the custody and disposition of Collections for the poor but he chose rather to permit a free election to the Churches for this reason as himself speaks that no man should blame him in the administration of so copious munificence For the like cause was the election of Deacons remitted by the Apostles to the multitude that no man should complaine of any partiality between the Hebrews and the Hellenists But this was not perpetuall the reason thereof being temporary for in the next times after the Apostles the Deacons were not chosen by the people but by the Bishops the people being sometimes consulted with and sometimes not To proceed with the Pastors the Princes of them the Apostles were elected by God the Father and by Christ I have chosen you twelve I know whom I have chosen saith Christ After that He through the Holy Ghost had given Commandements unto the Apostles whom he had chosen saith Luke Paul an Apostle not of men nor by men but by Jesus Christ and God the Father So them that were in the next degree to Apostles the LXX Evangelists Christ himself appointed This Divine Election to Preach the Doctrine then first brought down from Heaven is signified by the word of sending for after the Election of those LXX it is said pray the Lord to send Labourers into his Harvest and that is pertinent How shall they Preach unlesse they bee sent When Christ was ascended into Heaven the promised Comforter supplyed his place Therefore both to the ambulatory and to the standing Offices the fittest men were chosen by the judgement and testimony of the Spirit but by the Ministry of the Apostles or of them whom the Apostles had made Governours of the Churches So Timothy was admitted to his charge according to the prophecies which went before on him that is saith Theodoret by Divine revelation not by Humane suffrage saith Chrysostomo And Oecumenius generally of that age By appointment of the Spirit were Bishops made not in a common way Hence Paul in his oration to the Presbyters of Ephesus tels them They were made Overseers over the Lords flock by the Holy Ghost Sometimes also Lots were cast that the people might by the event be certified of the Divine judgement The most antient Authour Clemens of Alexandria hath left this written of John the Apostle By Lot He chose the Clergy of those that were signified by the Spirit Nor is it a new thing to use Lofs in the choice of Priests but used also by the Gentiles by the antient institution doubtlesse of the sons of Noah This illustrates the History of Matthias whom I wonder by what argument some have persuaded themselves to have been elected by the people for in Luke there is no foot-step of such election What is said They appointed two Barsabas and Matthias ought not to be referr'd unto the multitude as Chrysostome would have it but as it is the common opinion of the Fathers to those eleven whose names are afore exprest and who by the mouth of Peter had spoken to the multitude These are they who in the words immediatly following are said to have powred out their prayers unto God and to have given forth their Lots that it might appeare not whom the multitude but whom God had chosen for so themselves speak wherefore that which follows is not to be rendred He was chosen by the suffrages of all for who can believe that the people were call'd to
the principall after it and befides in some places at this time stipends out of the publick succeed in place of Lands and for all this the right of the Highest Powers remaineth the same it was Therefore by the name of Investiture in the stories of those times is not to be understood a naked sign nor are Kings to be thought so unwise that for a bare rite or Ceremony they would have undertaken so many labours and so many wars but with the sign or by the sign the thing signified must be conceived that is the Collation of Churches Which Collation it is certaine was made two wayes for either the Kings by themselves made Election freely and without the suffrages of any other or else they granted others the right of clecting the right of approving not imaginary but with a liberty to annull the Election being reserved to them selves Both of these Historians comprehend in the name of Investiture Which right remained in the Emperours untill the times of Hildebrand who first laid violent hands upon it Onuphrius Panuinus relating his life He first of all the Roman Bishops attempted to deprive the Emperour not only of the election of the Pope himself which also Adrian the third had sometimes done but of all Authority too whereby he Constituted the other Prelats to wit the Bishops and Abbats The Author here hath rightly explan'd Investiture by the name of Constitution Those two things whereof we said Investiture consisteth that is the power of choosing and the Liberty of refusing if the Bishop were chosen by any other all writers approved for their diligence in this kind have very well distinguished and knit together in the Regall Right Such a liberty of refusing I meane which is not subject to the judgement of another And indeed these Rights both of election and of rejection are of great consequence to maintaine both Church and State but the former of so much the greater moment by how much it is more to oblige the receiver of a benefit than to exclude an enemy Paulus Aemilius when he had declared how that right was extorted from the Emptrour Henry That thing saith he much weakned the Imperiall Majesties in the minds of his people for he was devested of the better half of his Jurisdiction And Onuphrius in the same manner Half his Power was at once taken from the Emperour The same Author elsewhere speaks of Henry the third This most excellent right so he cals Election 〈◊〉 retained with all his might Of the same mind were the Kings that builâ— their power upon the ruines of the Roman Empire To let passe others let us heare if you please the King of England speak himself Henry the first of that name sinaâ— the Conquest granted the Bishoprick of Winchester to William Gifford and presently against the statutes of a new Councill invested him with the possesions perraining to the Bishoprick The same Henry gave the Archbishoprick of Canterbury to Ralf Bishop of London and invested him by the ring and staffe This is that same Henry who in the relation of Westminster by William his procurator constantly alleaged that he would not for the Iâ—sse of his kingdome loose the Investitures of Churehes and affirm'd the same in threatning words Away with the unlearned Interpreters of History who doth not see here that by Investitures is meant the collution of Bishopricks The Parliament Statute also under Edward the third gives plaine evidence for the fame wherein is manifest that the Royall Right to collate Bishopricks was in England more antient then the election of the Clergy And Historics doe give their testimony too which declare how Bishopricks were collated by Etheldred and the most antient Kings seven hundred yeers agoe Afterward elections were granted to the Clergy under two conditions which were observ'd likewise in Franses that licence to elect were first obtained and the clection made were submiâ—â—ed to the Kings pleasure But in the later time the whole election was rendred to the King In our time there is an image of Election in the Chapters the whole force of it is in the King For the Bishoprick being void the King by his Letters containing Licence to elect transmitteth also the name of him whom hee would have elected Bilson Bishop of Winchester discoursing with much diligence upon this Argument in severall places affirmes that which is most true That no particular form of Electing is prescribed by Divine Law and seeing Princes are Heads of the people and both by Divine and Humane right have the charge of all externall and publick administration as well in Sacred as in Civill causes committed to them these reasons necessarily evince that the Elections are also committed to their trust at least if they bee pleased to under take the burthen The same Author saith It is as clear as the Sun that other Princes be side the Roman Emperours since the first profession of Christian faith not only had the Highest Power in Electing Bishops but by their sole Authority Instituted whom they judged worthy of that honour without expecting the suffrages of the Clergy or People I will not adde more examples or testimonies either these are sufficient or nothing is sufficient Whosoever therefore dares to condemn of Sacrilege so many famous Kings some whereof first in their Kingdoms professed the Christian faith some couragiously resisted the Popes ambition some either began or promoted the Churches reformation and among them many renowned for their holinesse and learning whosoever I say dare account them sacrilegious as if in electing Bishops they had violared the Law Divine he shall not have me for an approver of his temerarious judgement Now whereas some in this businesse of Election distinguish the other Pastors from the Bishops because indeed themselves live where no Bishops are this difference comes to nothing For such Pastors although they have this common with mere Presbyters that they are not over others yet have they thus much of Bishops that they are not under other Pastors and so 't is doubtfull whether they may be rather numbred among mere Presbyters or Bishops Moreover seeing Presbytery is contained in Episcopacy they that bestow the Bishoprick do withall bestow the Pastoral cure of a certain place or City somthing more so that the Argumentation rightly proceeds as from the greater to the lesse or rather from the whole to the part 'T is true the antient Emperours Kings mixed themselves but little with the collation of Pastorall offices of inferiour degree the reason was because they thought in reason all that lesser care might be rightly comitted to the Bishops chosen either by themselves or according to their Lawes And therefore in the most antient Canons you shal hardly find anything of the Presbyters election because all that business was at the Bishops dispose as we have shewed before Yet are not examples wanting whereby it may appear that Ecclesiasticall offices of the lesser rank also were
saith he between the State and people was constituted by Authority of the Church Farther we must observe by the word Seniors Ecclesiasticall writers doc often understand not dignity but age It is certaine the Bishops of old seldome disposed any affairs of greater moment without consulting the Church Which course was alwaies profitable in the times of persecution or upon imminent feare of Schisme almost necessary For this cause to lay the murmuring which arose about the daily ministration the multitude of the Disciples were call'd together So after Paul was come to Jerusalem when there was a rumour of him that he taught the Jews to forsake Moses although all the Elders were present it is said the multitude must needs come together Cyprian saith I could returne you no answer alone because ever since I was made Bishop I resolved this word shews it was arbitrary to doe nothing on my own head without your Counsell the Clergy and consent of the people 'T is plaine as in the Ordination of the Clergy so in separating and in reconciling the lapsed the people were wont to be consulted with Not alwaies all the people among whom were Women and the younger sort but the Fathers of Families and not all these neither but the elder and of riper judgement who haply are the Many of whom Paul speaketh These were often consulted with in place of the people In the acts of purgation of Cecilian and Felix are mentioned the Bishops Presbyters Deacons Seniors and after Take unto you your Brethren of the Clergy and the Seniors of the people Some be Seniors then who are not Clerks and therefore Laiks For these are still distinguisht in the Fathers 'T is ill favouredly done of them that take this word amisse for it is no terme of disgrace but is necessarily used to distinguish the Clergy Seniours from the rest Neither have the Fathers only so spoken whose Authority yet at least ought to suffice for the retaining of certaine words but the Prophets themserves in whom the Priests and people are divided Rightly then are they called Laiks who are not Priests that is dispensers of Divine mysteries Austin writes To the Clergy and Seniors of the Church of Hippo and in Turonensis it is Before the Bishop Clergy and Seniors Yet I will not peremptorily deny but by Seniors in those places may be understood Magistrates who as we have even now said were stiled by that name So Leo inscribes an Epistle To the Clergy the honour'd and the common people And as in some places it may be doubted whether by the word Seniors the Magistrates or the Elder in age are meant so in other places question may be made whether by the same word the Elder in age or the Priests are signified As when Gregory appoints If any Clergy man be accused let the truth be inquir'd the Seniors of the Church being present And when Austin mentions them that for ebriety thefts and other errours are rebuked by the Seniors And when Optatus shews the Ornaments of the Church were commended to faithfull Seniors For all this may agree both to Clergymen and Laymen But most worthy of our consideration is that place of an uncertaine Authour commonly reputed Ambrose out of his Commentaries on Pauls Epistles The words are these Old age indeed is honourable among all Nations Whence it is that both the Synagogue and afterward the Church had Seniors without whose advice nothing passed in the Church How this is grown obsolete I know not unbesse perhaps by the dissentions of the Doctors or rather by their pride whilst they alone would seem to be some-body That we may know the writers mind we must see whom he cals Seniors in the Synagogue Whether the Magistrates who were called Seniors sure enough that the Synagogue may be a Bench of Judges as in Matthew They shall scourge you in their Synagogues I think not although many things as we shall shew anone which belonged to the Jewish Magistrates are wont by a certaine similitude to bee applyed to the Christian Presbyters Hear the same Author elsewhere declaring It was a Tradition of the Synagogue that the Seniors in dignity disputed sitting in their Chairs the next on Benches the last in the pavement upon mats I suspect the word in dignity stole out of the margin into the text For Philo describes the same custome thus They that come to be Priests take their places in order according to their age the younger beneath the elder Wherefore the Seniors in age sate first And questionlesse some such order of sitting was observed in the antient Church which James would not have neglected when he reprehends them that give the honour of the highet seats to rich men only the poof being thrust known below or enforced to stand It follows in Philo One of the most â—â—â—â—full passing over the difficult places of the Holy Bible makes an exposition of them 'T is to be noted in the Synagogues of the Jews to every one exercised in Holy Writ and all were so except mechanicks as also among us it was permitted to interpret Scripture By this common liberty Christ taught in the Synagoues and after him the Apostles Memorable are the places Luke iv and Acts xiii There the book is reached forth to Christ here Paul and Barnabas though unknown are asked to speak unto the people If they have any word of exhortation If no stranger or none of the people offer'd himself then the chosen men of the Seniors who were nam'd the Fathers of the Synagogues the Majors and by an excellency the Seniors interpreted the Law And these being not well provided it was the Rulers Office Some what correspondent to this we find in the first Christian Church For they that have the gift of prophecy are permitted by the Apostle to speak unto the people at the Assembly by two or three and the rest to judge That miraculous gift ceasing it was hardly lawfull for any one except the Pastors to teach among the Christians Indeed we read of Origen and a few more not Presbyters who taught in the Church but that was seldome and not without peculiar licence of the Bishops For the Bishop of Caesarea being reprehended for permitting Origen to teach alleged three examples of the like concession adding it was credible though not apparent the same was done in other places Here now we see some difference between the Interpreters of the Law in the Synagogue and the Interpreters of the Gospell in the Church In the Synagogue they taught as many as had any word of exhortations in the Church all what were approved and had obtained the honour of a Testimoniall as Tertullian speaks that is they that were ordained The Judges of the Highest Synedry were wont to be ordained by imposition of hands but of the expounders of the Law the same doth not appeare A reason of the foresaid difference is not only because the Preaching of