of Synods the hearing of Causes it depends upon the will of the Highest Power from whose Authority it proceeds although in the ordinary way inferiour Courts are not past by yet if those Courts be liable to some suspition or the businesse will not bear delay the Highest Power may call it from them to himself We conclude therefore that which Whitaker and others have written before and the example of Free Cities that without a Synod preserve their Churches doe confirm A Synod is not at all times necessary nor in every case So far from necessary sometimes that it is not profitable for as the parts are such is the whole I will not here repeat the old complaint almost of all ages that the chiefest distempers of the Church have proceeded from the Priests Nazianzen hath said enough where he also renders the principall causes thereof the Ambition and Pride of Church-men nor doth hee speak of Arian Synods only but of all of his time those especially wherein himself was present Therefore saith he have I withdrawn my self and sought for security of mind in rest and solitude This evill will happen if it appear either that the integrity of judgement is hindred by vehement prejudices which often befalls men not malitious or that factions are so prevalent that a farther branch may rather bee expected from the Synod than any testimony of consent I much wonder what came in some mens minds when they said They that accuse another of impiety may be his Judges also in a Synod and that the Right of refusing which hath place in civill affans cannot be extended to Ecclesiasticall For certainly the common Rules which arise out of naturall equity ought to be of force no lesse in Ecclesiasticall than other judgements and I remember Optatus speaking properly of the Ecclesiasticall saith Judges must be sought which are not of either party because judgement is hindred by affection In the Councill of Chalcedon the Judges charge the Legats of the Roman B. they should put off the Judges person if they would be the accusers of Dioscorus And Athanasius would not come unto the Synods wherein 't was manifest the adverse party raigned Such is often the face of things that a Synod may be hurtfull at the present which if you stay awhile and let the mindes of men come to a calme may be called to good purpose Time shall declare saith the Apostle the work that is the doctrine of every one And If any man be otherwise minded God shall reveale the truth In both places shewing there is often need of time that the Truth may be found out and a right judgement given The contrary may also happen that the present evill cannot endure the delay of a Synod and calls for a more compendions remedy Moreover the same causes for which great Assemblies are suspected by the Highest Power may also have place in Synods for as a very learned man hath said It is not lesse Politicall to assemble Bishops than other Orders of men There is the same fear the same danger unlesse they have put off Humane passions when they became Pastors I might reckon up many examples of unhappy Councils as were under Constantine those of Antioch Caesaria and Tyrus the Bishops of which last as the Emperour in his Letters plainly tells them did nothing else but sow divisions and hatred and disturb the Peace of the world Yet I confesse the Church is not in the best condition when Synods cannot be had and therefore all means is to be used that these Assemblies may be retain'd or after long omission restor'd whereby the Church speaks both to her Members and her Governours with most convenience And yet even then when the Highest Power governs without a present Synod it hath the judgement of the Church in former Synods it hath the perpetuall consent of the most famous Doctors which flourished in every Age and Nation it hath the most learned and religious Divines of the time present both domestick and forraign whose opinions are worthy of an equall regard especially in points of Doctrine which is the common study of them all and in respect whereof they have every one a share in the Universall Episcopacy In making Church-Laws the King saith the Bishop of Ely made use of men fit to be advised with men who in reason are esteemed most under standing most able and judicious to answer in such affairs and saith Burhil He was instructed by Ecclesiasticall Councils or in defect of these by Authors for their Faith and skill in these matters most approved Upon the premises we see there are other causes beside the great corruption of Religion in contemplation whereof Synods may or ought sometimes to be omitted and therefore they were not so often granted by the Christian Emperours as they were desired All are Petitioners to your Grace with sighs and tears saith Leo to Theodosius that you would please to command a Synode in Italy Yet he prevailed not yea in vaine did the Right of calling Synods belong unto the Emperours if upon just cause they could not deny to call them It is certaine the Churches which were sick of the Ubiquitarian errour could not be accounted past all hope yet the Electors and Princes to whom the Laws of Germany commend the care of Religion without a Synode by the Counsell of wisemen expelled this disease out of their Dominions and are praised for it by the same persons who will not acknowledge the Right on which alone that Reformation depends The office of a Prince as Zanchius and others with him note partly consists in this that untill a free Councill may be had which cannot be had at all times He command the dissenting parties to use not their own but the tearms of Scripture and forbeare to condemne each other in publick This also pertains to the Right of ruling before a Synode and therefore without a Synode It doth not follow hence that the liberty of judgeing which by Divine right is due to Divines is taken from them for they may also out of Synods deliver their judgement either before the Highest Powers or if it be needfull before others too and they may render the reasons of their judgement out of the word of God The summe is this Synods we confesse are the most usuall help of Governing the Churches yet we hold such time may fall out that Synods may not be profitable and convenient much lesse necessary And our greatest wonder is the boldnesse of some men that maintaine even when the Powers take on them the protection of the Church whether they will or no Synods may lawfully and rightly be assembled Beza was of another mind who hath said Synods are to be called not without the command and favour of the King Junius was of another mind who said 'T is an unjust and dangerous attempt of the Church to hold a generall Assembly without his knowledge
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
things commanded by Divine Law and the things not commanded For although the right or manner of regiment somewhat differs thence wil follow no divulsion of the Churches as long as neither part ascribes to their own way the authority of Divine precept And this is the prihcipall cause why we have taken so much pains to shew That manner of Election which Kings and some pious Princes do at this time use is not by Divine Law forbidden Not that we propose their examples to be imitated by others for other kinds of Election may be either by themselves more profitable of at least to the disposition of the people and state of some churches more fit or else if for no other cause for the antient custome sake to be preferr'd but that we may not by a temerarious censure alienate from us the Kings and the Churches too by whom that manner is observ'd What we have done concerning Election the same we must doe about the offices Ecclesiasticall which some of the late Reformed Churches use and some use not That is Wee must declare nothing is either way defin'd concerning them by Precept of Divine Law whereby it will easily appear The diversity of government ought not to be any obstruction to fraternall unity Fully to understand the right of the Highest Powers this Discourse is very necessary for in things determined by Divine Precept a necessity of execution lyes upon the Highest Power in other things there is left some liberty of choise And as we have said afore The Ecclesiasticall Government for the most part is conformable to the Politicall which was also observed by the King of Great Britain a Prince of excellent wisedome Now the principall Controversie amongst the Protestants is about the Episcopall eminence and about their office who being not Pastors that is neither preach nor administer the Sacraments yet are Assessors or assistants unto Pastors and by some are stiled Presbyters or Elders Let us consider of both so farre as our designe permits for these questions are so largely handled by others that scarce any thing remains to be added Especially the most learned Beza having undertaken the defence of the Gonevian Discipline hath according to the fertilty and vigour of his wit copiously expressed what might be said both for those Assessors and against the Bishops And on the other side they that extoll the Anglican Church Saravia and the Bishop of Winchester have disputed very smartly as well for the Bishops as against those Assessors So that whoever would have perfect intelligence of these matters are to be remitted to their Books For our parts Our endeavour being to lessen not to widen the difference we will contract into a few determinations all that is either confessed on both sides or may be so clearly prov'd that it cannot be gainesaid by any but the contumacious In the first place for Bishops we take leave to use the word in that signification wherein the Synods Universall and Topicall and all the Fathers have alwaies us'd it In the Apostolicall times it is certaine though the Functions were distinct the names were not For the Function of the Apostles is call'd Presbytery and Episcopacy and Diaconary nor is any thing more usuall than for the genericall name by some particular right to adhere to one of the species as in adoption cognation and other words of the Law appears And so the name of Bishop when in the nature of the word it signifies any Inspector Overseer and Prepositus or as Jerom translates it supra-attendent for the Septuagint also have rendred the Hebrew word which is given to Magistrates by the name of Bishop and among the Athenians the forreigne Praetor among the Romans the municipall Aediles were called by this name and Cicero saith Himself was made Bishop of the Campanian coast this name by the Apostles and Apostolicall men according to the use of the Hellenists was given to any Pastors of the Church Neverthelesse by a certaine proper and peculiar right it might be assignd to them who as with the rest they were Overseers of all the Flock so above the rest were constituted Inspectors of the Pastors also Wherefore they abuse their own time and other mens who having undertaken to discusse the question take much pains to prove the name of Bishop common to all the Pastors when as the word is of a larger signification much They also doe but beat the aire who with great endeavour prove that unto all Pastors whatsoever certain things were common namely the right to Preach to exhibite the Sacraments and the like For the question is not of these things wherein they do agree but of that eminence whereby they are distinguished And that is yet somewhat more absurd that some to prove Bishops differ nothing from meere Presbyters bring in the Fathers for their witnesses That Bishops are all of equall merit as if you did say That all the Roman Senators were equall to the Consuls because the dignity of both the Consuls was equall But he is angry with himself or with his Reader who refutes such things Concerning Episcopacy then that is the eminence of one Pastor among the rest this is our first Assertion That it is repugnant to no Law Divine If any one be of a contrary opinion that is if any one condemne all the antient Church of folly or even of impiety without question it lyes upon him to prove it and for proofe I see nothing alleg'd but this Whosoever will be great among you let him be your Minister and whosoever of you will bee chief shall be the servant of all But certainly all eminence or Primacy of Pastors among Pastors is not here interdicted but all Pastors are admonisht that they may know that a Ministry is enjoyn'd them not an Empire given For the precedent words are They that rule over the Gentiles exercise Lordship over them and their Great ones exercise Authority upon them But so shall it not bee among you From this place we may much rather argue for Eminence and Primacy than against it For that which is in Matthem and Marke Whosoever will be great and the chief is in Luke He that is greatest among you He that is the President or leader Moreover Christ exhorts them by his own example The son of man came not to bee ministred unto but to minister Wherefore the precept of Ministring doth not hinder but one may be greater than they to whom he Ministreth Ye call me saith Christ Lord and Master and ye say well for so I am Therefore if I your Lord and Master have washed your feet ye ought also to wash one anothers feet And how could Christ disapprove the disparitie of Ecclesiasticall Offices when himself had appointed LXX Evangelists of a second order and lesser degree as Jerom speaketh in dignity inferiour to the Apostles as Calvin saith Much more clearly triumphing now in Heaven He hath given some Apostles and some
added a new Obligation to the former so that the Jew doing the contrary not only offended in doing a vitious act but an act forbidden because by the transgression of the Law he dishonourâ—th God as Paul speaks As it is in the Divine Law of the Decalogue so also it is in Mans Law a proportion being observed For they that resist resist the Ordinance of God and therefore shall receive to themselves damnation as the Apostle testifies We have considered how largely the matter under Humane Power is extended and what acts belong unto it in every kind now let us see what acts are not by right within the Command thereof It is certaine those only are without the limits of the Supreme Power which are repugnant either to the Naturall or to any other Divine Law no other way of confining the right of the Highest Power can possibly be invented The things defined in the Law Divine wherein I comprehend the Naturall are of two sorts some commanded some forbidden Therefore there are two acts of Empire which belong not to the Right of him that Ruleth To command what God forbids To forbid what God commands The reason is because as in naturall causes the Inferiour have no force to work against the Efficacy of the Superiour so it is in Morall Wherefore such Commands so far as they doe contradict the Divine cannot have the proper effect of Commands they cannot Impose an Obligation Excellently saith Austin If the Curator Commands somewhat is it not to be done no If the Proconsul forbids Herein you contemn not the Power but choose to obey the Higher Againe if the Proconsul bid one thing the Emperour appoint the contrary without doubt you must hearken to the Emperour Therefore if the Emperour doe require one thing and God another what is to be done God is the greater Power Give us leave O Emperour to obey Him Yet we must carefully distinguish between the Act of Authority which moves the Subject to work and the Force offered which imposes on the Subject a necessity of suffring For when the Act of Authority is without effect and layes no obligation yet the Force hath an effect not only Physicall but Morall not on the agents part but the patients namely that it is not lawfull to repell that force by force for violent defence being lawfull against an Equal against a Superiour is unlawfull â—A Souldier saith the Lawyer who resisted his Captain going about to chastise him was punished by the Antients If he laid hold on his Cane he was casshier'd if on purpose he brake it or laid hand on the Captain he was put to death This though probably it might have proceeded from Humane Law for humane Authority binds to all things which are not unjust and it is not unjust to forbear resistance or also from the Law of Nature which suffers not a part to oppose the whole no not for self-preservation yet is it more cleerly demonstrated out of the written law of God For Christ when he said Hee that taketh the Sword shall perish by the sword plainly disallows a forcible defence against the most unjust force offer'd by Authority And hither is to be referr'd that of Paul Hee that resisteth resisteth the ordinance of God There are two wayes of resisting either by doing against the command or by repelling force with force as Austin interprets Whether the Power favouring the truth corrects a man he hath praise by it who is amended or disfavouring the truth rageth against a man hee hath also praise by it who is Crowned So Peter will have Servants subject to their Masters not only to the good and gentle but to the froward which the same Austin extending also unto Subjects Princes must be so endur'd by the common people saith he and Masters by their servants that they may exercise their patience in bearing temporall things and their hope in waiting for things eternall So it was also in the old Law where to use Subjects for servants to give away their goods to others is call'd the Kings Right not as if the King doing so did justly the Law divine had taught him another lesson yea had forbidden him to be puffed up to gather abundance of gold and silver and a multitude of horses but because doing so no man might lawfully oppose force against Him as the Romans say The Praetor gives Judgement even when he decrees that which is unjust Hence was that twice spoken of a King though most unjust yet set up by God Who can lay his hand upon the Lords anointed and be guiltlesse Neither are they by any means to be heard who against the holy Scriptures against right reason against the judgement of pious Antiquity doe arme certain Inferiour Powers against the Highest For Peter teaching obedience to the King that is to the Highest Power as Supreme to Governours that is to Inferiour Powers as sent and ordained by Him manifestly shewes all the right of Inferiour Powers to depend upon the Commission they receive from the Highest Hence Austin concerning Pontius Pilat Such power God had given him that was contained under Caesar's Power And was not David a Prince and a Leader among the people of God who was so farre from touching that Tyrants person that his heart smote him for cutting off the lap of his garment Reason confirmes what we have said For those Magistrates in respect of their Inferiours are Magistrates as long as it pleaseth the Supreme Power but in respect of the Supreme Power they are but private men because all Power and all Jurisdiction flowes from the Supreme and still depends upon it Hence Marcus Aurelius that most wife Emperour said The Magistrates judge Private men Princes the Magistrates and God the Princes By the name of Princes understanding the Emperours who were now become absolute The ancient Christendome was of the same judgement for no Governours no Leaders of legions ever attempted any thing with Arms against the most impious cruell and bloudy Emperours So that it is a very sad thing that our Age hath brought forth men of learning who by a new-coyned doctrine have opened a broad way for Seditions and Wars to enter in Neither ought we to be moved by any late examples of Arms taken up against Kings For if they were taken up against Kings upon whom the whole Right of the people was translated and who therefore raigned not by a precarious but proper Right whatsoever pretext or successe they had they cannot be prais'd without impiety But if any where Kings were bound by Contracts on Positive Lawes and Decrees of some Senate or States against these having not the highest Authority upon just causes by the judgement of the same Senate or States Arms might be taken up For many Kings even such as succeed by inheritance are Kings by name rather than by Power as Aemilius Probus hath written of the Laconians But this
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
deceives the unskilfull that they doe not enough discern the daily administration of affaires obvious to their eyes which in an Optimacy is oft committed unto one from the interiour Constitution of the Common-wealth What I have said of Kings I would have to be understood much more of them who both really and in title were not Kings but Princes that is not chiefest but first Whose Principality much differs from Supremacy And again this is to be noted that some Lords and Cities have Supreme Authority though they seeme not to have it being under the Trust and protection of another But seeing to be under protection is not to be in subjection and as the Roman Lawyers note The people ceaseth not to be free that are fairly observant to anothers Majesty these also may be endowed with Supreme Authority who are obliged to another by unequall League or tye of Homage All this I set down to that end lest any one hereafter as I see hath been often done defame good causes by an ill Defence I would more enlarge in this Argument for 't is of great consequence and here to erre is dangerous but that 't is done already with great care by many others and of late by the learned Arnisaeus Upon these premises let us come to demonstrate the parity of Empire over Sacred and other matters As in all things the thoughts are not so eafily ruled as the words so particularly in Religion Lactantius hath truly said Who shall enforce me either to believe what I will not or not to believe what I will And in this sense that of Casiodor is true Religion cannot be Commanded and of Bernard Faith is to be planted by persuasion not obtruded by violence Wherefore also the Emperours Gratian Valentinian and Theodosius said concerning an Heretick Let him think if he will what is hurtfull for himself let him not utter it to the hurt of others And I suppose Constantine had respect hereunto when he call'd himself a Bishop or Overseer of things without because the inward acts taken by themselves are not the matter of Humane power but are Subject to the power of God who by Bishops not Commanding but Ministring moves the minds of men with voices and signs yet so that the still reserves the maine Efficacy to himself alone Notwithstanding inward acts of all sorts taken joyntly with the outward fall under Humane Authority The Cornelian Law lays hold on him who carrys a weapon with purpose to kill a man and Adrian the Emperour saith not only the event in evill deeds but the will is to be consider'd So in Justinians Code concerning the Catholick Faith a Title is extant to wit for the Profession of Faith which the first Law explains All people under our Empire we require to be of such Religion c. Hence came those names of Kings Rectors Authors Defenders of the Faith So also of old the King of Ninive commanded repentance with fasting That things forbidden by God cannot with validity be commanded nor things by him commanded be forbidden by Humane power is no lesse true in other actions than in Sacred in both that of the Apostle hath place We must obey God rather than men which a Disciple of the Apostles Polycarpus hath expressed thus We have learned to render to the Powers ordained by God all the honour we can without hurting our own souls The King of Egypt Commands the Mid-wives to kill the Male-children of the Hebrews They doe not obey The cause is exprest For they feared God who by the dictate of Nature forbids to slay the innocent King Ahab would have Naboth sell him his Vineyard Naboth denyes for the Divine Law given to the Hebrews forbad inheritances to be alienated from the same family Antoninus Caracalla commands Papinian the Lawyer to defend the paricide committed by him Papinian refuses and had rather dye because he knew it was against the Law of Nature and Nations to speak false and Patronize so great a crime By the same right but with more holy affection the Apostles when the Councill charged them not to speak or teach in the name of Jesus aske whether they must not obey God rather than men and justly for they had received a charge from God himself by the mouth of the Lord Jesus in his name to Preach repentance and remission of sin and that beginning at Jerusalem for this also was specified in their Commission What therefore the Divine Command had made necessary for them to be done Humane command could not render unlawfull And in this sense the Authors are to be explain'd who say the Gospel the Ministry the Sacraments are not subject to Humane Power that is to change that which Divine Law hath introduced For first the Preaching of the word of salvation and the exhibition of the Sacraments being commanded by God cannot effectually be forbidden by men Likewise the Noursing of Parents or Children the relieving of the innocent and many other duties are so far exempt from Humane Law that the prohibition of them is of no force or vertue Secondly the forme by God prescrib'd for the Ministry of his word and Sacrament cannot be alter'd by men nor is this proper to things Sacred For also the Forme of Matrimony as it consists in the unity and individuall knot of two persons is by Humane Law immutable Thirdly it belongs not unto Humane Power to make new Articles of Faith or as Justinian speaks to innovate the Faith nor to institute a new worship of God or new Sacraments because the nature of such things will not admit thereof for nothing can be believed or done in order to salvation but what God hath declared such neither can any thing be fit to apply unto us the Divine grace unlesse God hath assign'd it to that use Yet to speak accurately these things which we have rehearsed Sacred and others may be rather said to have something in them of immutable right than simply and altogether exempted from the Rule of the Highest Powers seeing there be very many and very great acts of Authority concerning them which acts are call'd in Scripture the Commandements of the King in the businesse of the Lord. For first it is the proper effect of the Highest Powers that we have liberty and convenience to doe the things which God commandeth being freed from impediments and supplyed with helps So Cyrus and Darius gave leave to the Jews to restaur the Temple and to sacrifice there and gave them moneys too to beare their charges So by the edict of Constantine and Licinius the Christians had open exercise of their Religion Secondly not only by permitting but as before was touched Humane Law by Commanding what Divine Law doth Command superaddes another Obligation Thirdly to the actions Commanded by God the Highest Power prescribes certaine circumstances of place time and manner that they may be done decently and in order Fourthly from actions forbidden by
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
cannot be that one should well attend to any in particular who hath upon him the weight of all affairs To whom we answer there is as it were a naturall coherence between the generall knowledge of all and the more exact knowledge of the most noble part So doth the Metaphysiologer generally considers all that is and specially things incorporeall the Physiologer all that moves and Heaven above the rest Even so ought the Architect of a Common-wealth to have a generall view of all affaires and studies but a neerer and more curious insight into those of the Church Neither is the knowledge of Sacred things so intricate as some would make it Theology saith Nazianzen is a thing simple and naked without any great Artifice consisting of Divine Testimonies which yet is depraved by some men and turned into an art of very great difficulty I speak of those things which are substantiall points of Faith and belong to the body of Religion for there bee other things partly Metaphysicall partly Historicall and also partly Grammaticall which by Divines are often handled with great contention and clamour With these it is not necessary the mind of a King should bee over busied no more than with the subtilties of the Law whereof the prime Titles are very needfull to be known There is a kind of intemperance in the desire of knowledge and the wisest man is he not that knowest most but that knoweth what is most usefull What the Apostle said to all let the Highest Powers apply unto themselves and be wise unto sobriety In whatsoever is expedient and sufficient for them to know the Divine ayde will not be wanting which will easily supply the defect of time One of the Antients said He had learned more by praying than by reading God is not deaf to these prayers of the Church Give the King thy Judgements O God and thy righteousnesse to the Kings Son Thou hast made me know thy secret wisdom saith David Salomon was very yong he knew not how to direct his steps the multitude of his subjects the weight of his affairs sate heavy on him and who saith he can be able to Judge this so great people Therefore he prayes God to give him an understanding heart that he might judge the people and discern between good and evill What answer doth God returne Because thou hast not asked long life nor riches nor the life of thine enemies but understanding to heare judgement behold I have done according to thy words behold I have given thee a wise and an understanding heart God and Nature as they say are not wanting in necessaries Wherefore since Empires are ordained by God and that especially for the safeguard of true Religion what can be more agreeable to the Divine goodnesse than to afford unto them that humbly pray for it whatsoever is necessary to their Function In the old Testament God hath often endued the powers with the gift of Prophecy In these last dayes He hath spoken to us by his Son In whom God the Father hath open'd all his Connsell concerning the Salvation of men After him there are not more Masters now but one is our Master Christ of whose fulnesse we have all received No new Revelation as of old is now requir'd but only the promulgation of that which is revealed Nor hath any man cause to complaine of Obscurity or Subtility the word is nigh unto us in our mouth and in our heart This Doctrine is hid to none whose eyes are not blinded by Satan And therefore all are said taught of God all knowing God Christ having in some sort fulfilled that desire of Moses who wished than all the Lords people might be Prophets And if the understanding of the Gospel be so easy and at hand to all Christians among whom are so many rude and busied that get their living by perpetuall labour of their hands what is it that can exclude â—â—ngs from a benefit so generall especially when the Apostle hath applyed that Universall God would have all men to come to the knowledge of the truth unto Kings especially In this confidence the Emperour Theodosius being in the cause of Religion to pronounce judgement between severall sects in private implor'd the Divine help and obtein'd it Justinian obtein'd the same in setting forth such a Confession of Faith than which none of the Fathers or Bishops set forth any more full or more luculent Certainly the things which are necessary to be believed and done and those also which though not necessary are of any great moment in the Church are but few in number and very obvious shining forth first in the Sacred Scripture and afterward in the perpetuall consent of more pure Antiquity The rest can hardly put the Highest Power to any trouble and yet if any suddain difficulty and unexpected shall arise which happens more oft in Secular than in Sacred things time may be taken and faithfull Counsels Thus for of knowledge The other part which we require in the Highest Power is Piety No vertue is more worthy of a King Hence is it given in Precept to the King of the Hebrewes to learn to fear God and observe the words of his Law to Joshua not to depart from that praescript either to the right hand or the left The same is often inculcated to the Kings by the Prophets Two faults there are to be avoyded by the Highest Power first and above all that greatest of spirituall Maladies Atheisme Superstition next which effeminates the mind and overthrowes all generous Counsells 'T will be a very good caution against both to think often of that Apostolicall speech The end of the Commandement is Charity out of a pure heart and a good conscience and faith unfeigned from which some having erred turn aside to vain jangling willing to be teachers of the law when they neither understand what they say nor whereof they affirm We have shewed what is requir'd in the Highest Powers that they may rightly exercise the Right they have But here we must not forget to observe the distinction between the rightnesse of an action and the firmnesse of it For example a Judge unskilfull of the Law hath pronounced a wrong sentence the Judge hath done amisse yet is not the Sentence null but unlesse an Appeale followes it passes into a judged Case A privare man that is master of his own estate hath prodigally made away his goods the alienation is valid although the act be vitious If parents be harsher to their Children Masters to their Servants than is fit they are in fault yet is obedience due unto them There be many cases of like nature The reason is because many things are requir'd to make the action right it must proceed from an understanding well inform'd and an honest purpose of mind it must be done in due manner and with fit circumstances to make the action fume only one
thing is needfull that the Agent have a right to doe it Now an act may be out of the Agents right either absolutely when the effect is unlawfull by itself or by reason of some Law or relatively when the effect is not under the Agents power and authority Naturally and the law Positive secluded no act can be frustrate but whose effect hath either some viciousnesse annexed or else is beyond the Sphere of the Agents power In the former respect the command of a Father Master or King is frustrate when it enjoynes Idolatry or a bye In the lâ—toâ— the command is fruit strace of a Master to the Servant of anoâ— ther man of a King to one that is not his Subject of whomsoever over actions â—â—â—egly internal such as have no relation to the outward We conclude the refore that the fault either in the understanding of the â—â—â—â—ction makes not void an act of Authority but the Commands of the Highest Powers are valid still being not contrary to Gods law though they have not â—ue opinions of things Divine of senve not God alight Examples hereof are many Pharaoh was wicked King yet ducst not Gods own people goe forth beyond the bounds of Egypt for to Sacrifice without his permission for although Sacrifice was by Divine Command and out of the royall Power â—â—t the place being undefin'd by God was not exempted from the obedience they owed unto the King Nebuchadnexâ—â— I think no man will affirme to have been throughly of the true Religion His law of â—onowing the God of Israel was â—oâ—â—ossoâ—adid than that other of worshipping the Idol vain Cyrus and his Successors as Histories relate were given to the worship of false Gods yet without their leave might not the Hebrewes rebuild the Temple for the service of the true And although the godly chose rather to compose their controversies among themselves yet being called before heathen Judges they acknowledged their Power and by necessity of the times were oft compell'd to implore it knowing that the right of judging might belong even to them that were of themselves unfit to give right judgement The controversie about the Temple of Jerusalem and that of Garizin was debated and determined between the Jews and Samaritans Ptolomy King of Egypt being judge for although the King did not himself adhere to the Mosaicall ordinances yet was he able to judge and he did rightly judge which Temple of the two which Worship and Priesthood was agreeable to that Law by which it was confest the judgement between the parties should be giv'n Felix was a wicked man but being the Vicegerent of the Roman Emperour Paul is accus'd before him by Tertullus many crimes are objected to him and among the rest that he was Prince of the Sect of the Nazarenes He denies the rest this he confesseth that he worshipt God after that way which they calld a Sect or Heresie The Question is whether this be a Crime and one of the particulars to be enquired of is concerning the Resurrection of the dead a principall point of faith The same Controversie being after brought before Festus Paul acknowledged his Right to judge Here saith he I ought to be judged And fearing the Judges partiality He appeales to Caesar the Highest Judge before whom he pleaded not his own cause onely but the Gospels For the Question was whether to preach the Gospell were a Crime Paul denies upon this ground because the Gospell was a true and saving doctrine In this cause the worst of Princes is acknowledged for Imperiall Judge by the best Apostle And if according to his duty he had acquitted Paul as many think he did at the first Hearing his Sentence had been firm and had cleerly given the Apostle a Right against the Jewes But having condemned him and in him the Gospel the Sentence was null and frustrate that is it could not bind Paul to cease his Preaching yet was it firm so far as to bind him from resisting the Prince imposing penalty Justin Marâ—yr and other most learned of the Christians presented their Apologies to Emperours not Christians to the end they might approve the verity of the Christian faith to those Judges For although a man regenerated by the Spirit of God is the fittest Judge of Spirituall things yet that the gift of illumination which respects the understanding wherein the Judgement is is given also to many unregenerate no man hitherto hath denyed Neither hath any man here heretofore reprehended Austin for these words extant in that book wherein with much pains he defendeth Grace Certainly some men have in them naturally a divine gift of understanding whereby they are mov'd to believe if they heare words or see signes that are congruon to their mindes And truly how can it be said that none but true believers can have a true judgement concerning Sacred things when as the Faith if self cannot be embraced but by judgement Wherefore 't is said to all Search the Scriptures and they of Beraea are commended that having heard Paul and Silas preach they searched the Scriptures whether those things were so This could not be done without judgement as the Syrian Interpreter hath well exprest the sense Judging out of the Scripture If then They that doe not yet believe have some right to judge private men for their private acts and the Powers for publick much lesse is it fit to exclude from judging such as having given assent unto the true doctrine by some infirmity of their mind doe yet abstain from participation of the Sacraments for Constantine the Emperour before he was Baptiz'd did with the approbation and praise of the Bishops make Lawes concerning Religion call Synods give sentence in the Synod and after sate as Judge between the Catholicks and the party of Donatus And Valentinian after he had enacted many Lawes about Sacred things departed this life without Baptisme Much lesse yet may the Highest Powers be deprived of this Judgement upon this pretence that they have not skill in all those things which are wont to be disputed by Divines If this reason prevail how many Pastors honest and faithfull but not of learning enough to be Doctors must be denyed to judge And by that reason Lawyers might intrude into the Seat of civill Judges because they are more skilfull in the Law and the Judges in City and Country concerning Wills and Contracts and such like things are rather good men than good Lawyers Adde further that in the Case of Homicide it is his part to judge that hath not learned Physick what wound is mortall what is not and whether a child may be born in the eleventh month and many things of like sort Whence it appeareth the fitnesse and ability of judging ought not to be confounded with the right of judgement which is publick and Imperative He that is most fit hath not alwaies the right and he that is unfit doth not lose it I conclude
this with Plato's saying Happy are the Commonwealths wherein either Philosophers are Kings or the Kings given to Philosophy Yet may not the Philosopher invade the Royall throne nor the King be thrust out of it that is no Philosopher It is objected The spirits of the Prophets are subject to the Prophets Many of the antients both Greek and Latine understand St. Pauls meaning to bee this They that are inspir'd with Prophecy must not all speak to the people at once but one expect the ending of the others speech for they are not like the possessed transported by the inspiration but so far Masters of it that they may use the gift of God without consusion and in that order wherewith God is best pleas'd and his people edified There is no cause to reject this Interpretation which the series of the Apostles discourse so fairly admits The other Interpretation that the Prophets ought to suffer other Prophets to judge of their Prophecies is not pertinent here For first seeing that singular gift of Prophecy as of healing and tongues was marvellously ordeined by God for the beginnings of the Church and is long since expired it cannot be applyed by way of argument unto our times And grant you may compare unto that admirable gift manifested also by the prediction of things to come the Theological skill what ere it be acquir'd by Humane labour yet will not they obteine their desire who would have all Pastors and them alone to be knowing in Theology for there are many Pastors not very expert and some that are not Pastors are of good skill in things Divine Lastly there being divers kinds of judgement as hath bin spoken the establishment of one is not the destruction of the other The same disease or wound fals under the judgement of the Physician and of the Judge if it come in question before him and of the sick man himself And when the Prophets judged in the Apostolicall Church it was said to every Christian Try the spirits yea St. John layes down a Rule by which every one of the faithfull might discerne the Spirit of God from the Spirit of Antichrist Whereunto answers that of Paul to the Thessalonians Quench not the Spirit Despise not prophecyings Try all things hold fast that which is best But without all question this Tryall and distinction of things is an act of judgement And in that place of the Apostle Let the Prophets speake two or three and let the other judge the most antient Fathers by the word other understand not the other Prophets only but all the people not without great reason when as elsewhere the discerning of Spirits is by the same Apostle distinguisht from the gift of Prophecy Whence it appears he meant either some gift Common unto Christians for Faith also is numbred among the Gifts distinct from the gift of miracles or a certaine excellent faculty to judge of Prophecies where with some that were not Prophets were endued The Apostle Paul himself bids the Corinthians judge what he saith And the Holy Fathers often appele unto the judgement of all the people So Ambroses Let the people judge in whose heart is writ the Law Divine All this we have alleg'd to manifest that the judgement of things Sacred and of the holy doctrine did at no time belong to the Prophets only Whence also it may be understood how poore their Evasion is who reply to the Arguments out of the old Testament and say the things there done by Kings were not done by them as Kings but as Prophets For if by the name of Prophet they meane some speciall Mandate of God was given them this is where the Scripture is silent a meer divination so far from certaine that 't is not probable What need any speciall Mandate when the Law was extant unlesse perhaps to incite the negligent but if by Prophecy they meane a clearer understanding of the Divine will proposed but darkly in those times we easily confesse they did as Prophets since they would have us say so know more certainly what was to bee commanded by them but they commanded as Kings And for that cause the Scripture in the narration of those affairs not content with the proper name added the name of King to signify the Right of doing proceeded from the Authority Royall and therefore to be imitated by Kings Wherefore letus also say when Christian Kings give Commandements about Sacred matters they have the Right to doe so as they are Kings the skill as Christians as taught of God having the Divine Law inscribed on their hearts in a clearer Print than those antient Kings and Prophets For many Kings and Prophets saith Christ to his Disciples have desired to see the things that ye see and have not seen them and to heare the things that ye heare but they have not heard them CHAP. VI. Of the manner of rightly exercising Authority about Sacred things WE distinguish the Right of the Highest Powers and the manner of Using their right for 't is one thing to invade that which is belonging to another and an other thing to use improvidently that which is ones own So great is the variety of things times places persons that we might here make a long discourse but we shall briefly collect what may suffice for our purpose First then it behooves him that hath the Supreme Authority both in the inquisition of that which is by Law Divine determined either to be believ'd or done and in consultation about what is profitable for the Church to lend a willing care to the judgement of eminent Pastors for their piety and learning That this is to be done in doubtfull matters reason and common sense demonstrates for one man cannot see nor heare all things therefore said the Persians A King must borrow the eyes and ears of other men By the Commerce and Society of wise men Princes become wise Which sayings if they are true in secular affairs how much more in Sacred where the errour is most dangerous For the proof hereof we need not allege examples it will be more worth our pains to consider how far the judgement of the Supreme Governour may and ought to acquiesce and rest in the judgement of Pastors We must note therefore that all Humane judgement is founded either upon internall principles or upon Externall the Internall are either objected to the sense or to the understanding by the former we judge the Snow to be white by the later we judge Mathematicall Propositions to be true because they are reduced to common notions The Externall principle is Authority or the judgement of another and that is either Divine or Humane no man doubteth but that in all things he must acquiesce to Divine Authority thority so Abraham judged it to be his duty to offer his Son So Noah believed the Floud would come But to Humane Authority no man is bound to acquiesce
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
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
a Presbyter is ordain'd the Bishop blessing him and holding his hand upon his head let all the Presbyters also that are present hold their hands upon his head by the Bishops hand For the confirmation hereof I dare not bring that of Paul concerning the laying on of hands of the Presbytery because I perceive Jerom Ambrose and other antient and the Prince of all recent writers Calvin interpret Presbytery in that place not the consistory but the Office to which Timothy was promoted And truly whosoever is versed in the Councils and the writings of the Fathers cannot be ignorant Presbytery as Episcopacy and Diaconacy to bee names of Offices And seeing it is certaine that Paul laid hands on Timothy it seemeth neither necessary nor convenient to joyn fellows with him for an Apostolicall act and Collation of miraculous gifts In the meane time I doe not see how this can be refelled even among the Schoolmen Antisiodorensis long since granted it where Bishops are not Ordination may be rightly made by Presbyters For the things that are observed for order sake admit exceptions So in the antient Councill of Carthage it is permitted Presbyters in case of necessity to reconcile penitents and in another place to lay hands on the Baptized Moreover as we have said above it is doubtfull whether Presbyters that neither have Presbyters under them nor a Bishop over them are neerer to Bishops or more Presbyters For of Timothy also Ambrose argues thus He that had not an other above him was a Bishop And we know to take an instance in the Common-wealth many things are lawfull for a Senate having not a King which to a Senate under a Kings Power are unlawfull For a Senate without a King is as it were a King This is our third Assertion The causes were not light why in this age in some places at least for some time Episcopacy was omitted That the causes are temporary Beza himself seems to acknowledge when he saith He is not the man to think the old order were not be restor'd if the ruines of the Church were once repair'd Of these causes the first might be the penury of men sufficient for so grave an Office for if that were a cause just enough while the Church was yong to omit in many places the Episcopall eminence as we heard Epiphanius say why then at the Churches Rise out of the thickest darknesse might not the same cause take place especially in those places where was found not one of the old Bishops that would yield up himself to truth and open his eyes to see the light held forth Another cause of this omission might be the long and inveterate depravation of the Episcopall Office Socrates of old complains some Episcopacies of his time had exceeded the bounds of Sacerdotall purity and were corrupted into Domination Hierax complains in Pelusiot the Dignity of lenity and meeknesse was advanced into Tyranny Nazianzene complains of the ambition of Bishops and for that reason wisheth if not Episcopacy yet at least that perpetuall right of Cities in retaining Episcopall dignity were changed Would to God there were neither Presidency nor preeminence of place nor tyrannicall power that we might all receive our estimate by vertue alone The Fathers of the Ephesin Synod long since professe themselves afraid lest that under the colours of the Sacred Function should commence the pride of secular power And it is easy to find the like sayings in the African Councils But verily never did Ecclesiastical ambition from the Apostles age unto those times advance to such a hight as it hath done since those times to the memory of our Fathers So that now without cutting off the part wherein the cause lyeth the disease seems almost impossible to be cur'd It is true good things are not to be condemn'd because some men abuse them yet the abuse being turn'd into a custome an intermission of the things themselves is not infrequent The Mosaicall Serpent might have remained without Superstition if the thing it self were considered but Ezechiah respecting the grown vice of the people that he might take away the Superstition took away the Serpent I am loth to say that the name and eminence Episcopall by their fault to whom it had fallen had lost all its reverence and was come into the odium of the common people to whom even when they are in errour somewhat sometimes is to be yielded The Romans being evill intreated by the Tarquins took an oath they would no more endure a King at Rome A third cause may be added that in those most infestious times the Preachers of the truth being hated for the truths sake were obliged to acquit themselves not only from the crime of ambition but from all suspition too which when by taking away the Episcopall dignity they sollicitously endeavour'd for all this they escaped not the calumny of their adversaries What reproaches should they not have heard had the change of Doctrine been joyned with the acquisition of preferment I will adde one cause more why in the beginning of the Repurgation Episcopacy was not very necessary God had raised up excellent men of great wit of great learning of great esteeme both among their own and the neighbouring people few indeed in number but such as were able to beare the weight of many businesses Their high reputation amongst all easily supplyed the defect of Episcopacy But if we will with Zanchy-confesse the plaine truth none were indeed more truely Bishops than they whose Authority although this was not their design prevailed even to the overthrow of Bishops Nor is that here to be omitted which we have said already more than once The Ecclesiasticall Government for the most part receives some impression from the Civill In the Roman Empire the Bishops were correspondent to the Dukes the Metropolitans to the Presidents the Patriarchs or Primats to the Vicars or Deputies of the Emperour What marvell is it then if people more accustomed to an Optimacy than Monarchy would have the Church affairs committed rather to the Clergy than the Bishop And these are the causes wherefore I think the Churches may be excus'd which have no Bishops whilst yet they abstaine from a disapprobation of the most Sacred order and withall retaine what Beza judged in no wise to be omitted That was Essentiall saith he which by the perpetuall ordainance of God hath been is and shall be necessary that in the Presbytery some one both in place and dignity the first oversee and governe the action by that right which God hath given him Let us come unto those Assessors whom in many places we see joyned to the Pastors out of the people by an annuall or bienniall Office They call them Presbyters when yet they neither Preach the Gospell to the people nor exhibite the Sacraments Concerning them this is our judgement First we say Those temporary Presbyters are strangers to the Apostolicall and antient Church nor have I seen any that
and Authority who is set to keep order amongst men Lastly of another mind were All that have hitherto defended the Protestant cause against the Papists Next concerning the Right and Office of the Highest before and in the Synode it is controverted Whether it be lawfull for the power to designe the persons that shall come unto the Synode or no. It is lawfull we doubt not but to cleare the matter let us proceed in order After that Christ instituted the Church and the Pastorall office it hath been lawfull by the Law of Nature not the immutable Law but by that which hath place untill some other Provision be made for the Church in things concerning the Church or for the Pastors in things concerning the Pastorall office to make choice of them that shall goe to the Synode because no Humane Law no agreement interceding to determine the persons there is not other way By this right the Brethren of Antioch send some of their number with Paul and Barnabas to Ferusalem Likewise the Elders and the Church of Ferusalem together with the Apostles send out of their Company chosen men to Antioch But in all the ages following I find no example of election made by the Church for to the Diocesian Synodes assembled all the Presbyters to the Metroplitan all the Bishops unlesse any were detein'd by great necessty Here then is no election but that the Bishops seeme to have taken with them to the Metropolitan Synods some Presbyters and Deacons at their own pleasure That greater Synods might assemble the Encyclic Letters of the Emperours were sent to the Metropolitans and for the most part the election of their fellow-Bishops was imposed on them to compleat the number which the Emperours had prescribed This appears by the Letters of Theodosius and Valentinian to Cyrill the like whereof were sent to all the Metropolitans as the Acts doe testify Plainly to Cyril is the election there committed which election the Metropolitans made sometimes alone sometimes with the Provinciall Synode of their Bishops Of the suffrages of the Church or people there is no appearance The Metropolitans in case any of them could not be present in Synods themselves sent some Bishop or Presbyter to spply in their names and to keep their places Albeit this were the most frequent manner of election yet by no Law was the Highest Power forbidden to call Synods of Pastors elected by his own discretion This alone is enough to prove a permission but reason doth evince the same if we consider the ends before spoken of for which Synods are assembled For first many Synods are had only for Counsell but naturally it is lawfull for every one to chose his Counsellours so it is in questions of the Law of War of Merchandise and all other affairs between which and the Ecclesiasticall as to meere consultation there is no dissimilitude Synods are also holden for the exercise of Externall Jurisdiction committed to them by the Highest Power but this is also naturall for every one to choose his Delegate In the Synods that are gather'd for procuring of consent the case is somewhat different in these it seems very expedient that the Election be either by the Churches or by the Pastors to the end the acts of the Synod may be more passable for men are wont to like those things best which are done by those persons whose faith and diligence themselves have chosen This therefore belongs not to the Right but to the prudent Use of it and is not perpetuall because it may sometimes happen that the election made by Pastors may be lesse available to concord than if it be made by the Highest Powers Againe in a Synod held for Counsell or Jurisdiction because the Highest powers take not notice of all able men it may be best sometimes to receive them upon the commendation of the Church or Pastors We say then not that the Highest Power ought alwaies to choose the persons but that he alwaies may Our leader in this judgement is Marsilius Patavinus for he saith It pertains to the Authority of a Law-giver to call a generall Councill and to determine fit persons for it by determining he means not only approbation of the persons but election too and herein he is followed by the Learned French Defender of the Protestants cause against the Trent Synod Nor are examples wanting The King of Israel cals unto him what Prophets he willâ— and namely Michaia at the persuasion of Fehosophat The Donatists request a Synod of Constantine to judge between them and other African Bishops by this Petition We beseech you excellent Emperour because you are of a just and Royall extraction whose Father was no persecutour and because Gallia is not infected with this iniquity that your piety would command Judges for us thence to allay the contentions here Not the Churches not the Synod of Gallia but the Emperour names the Judges To the first Synod of C. P. Theodosius admitted also Macedonian Bishops who were not surely chosen by the Churches or Bishops Catholick That other Emperours and Kings used the same Right is very certaine And this very thing did the Protestants desire of the Emperour Charls the Fift and the other Kings that they might have leave to choose pious and learned men and send them to the Synod But here we must observe when the Churches or Bishops choose men for the Synod whether by their Native or Dative Liberty The Supreme Governour hath an undeniable power still over that election For all use of Liberty as above is said is subject to Command and the vertue thereof is this that for just causes some turbulent men or otherwise unfit may be excluded from publick businesse That the time and place were proscribed by the Emperours for the Councill the things also to be done and the manner of doing that Synods were translated at their pleasure or dissolved both others before us and we also have made so plain that I think it will be denyed by none Wherefore let us now rather see what Judgement in the Synod is competent to the Highest Power They phansie to themselves an Adversary over whom they may get an easie victory who take the pains to prove that the Bishops judged not the Emperours alone for who ever did so forget himself as to deny that but this we affirme The Highest Power hath right to Judge together with the Pastors the proofe whereof is needlesse here because above we have made good to the H. Power an Universall right of judging which certainly by the Synod cannot be taken away But whether it be best for the Supreme Governour to expresse himself and how far is another question Let us goe through every end of Synods If a Synod be had for Declarative judgement that is that the Bishops may shew out of the holy Scripture what is true what false what is lawfull what unlawfull here the King being well versed in
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