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A85746 Of the authority of the highest powers about sacred things. Or, The right of the state in the Church. Wherein are contained many judicious discourses, pertinent to our times, and of speciall use for the order and peace of all Christian churches. / Put into English by C.B. M.A. The method of every chapter is added in the margent, and collected at the end.; De imperio summarum potestarum circa sacra. English. Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687, translator. 1651 (1651) Wing G2117; Thomason E1244_1; ESTC R202244 156,216 365

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Prophets some Evangelists some Pastors and Doctors not only distinct in Functions but by certaine degrees also For God hath given in the Church first Apostles in the second place Prophets in the third Do ors The very Deaconry by the Apostles instituted is sufficient to prove that Christ had not commanded an equality of Church-men Therefore we set down this first as a thing of undoubted verity Wherein we have Lanchius Chemnitius Hemingius Calvin Melanchthon Bucer all consenting with us yea and Beza too so far as to say That some one chosen by the judgement of the other Presbyters should be and remaine President of the Presbytery cannot nor ought not to be reprehended Secondly we determine That the Episcopacy we speak of hath been received by the Universall Church This appears out of the Universall Councils whose Authority even now among pious men is very Sacred It appears also by comparing Synods either Nationall or Provinciall whereof there is hardly one to be found but it carries in the forehead manifest signs of Episcopall eminence All the Fathers none excepted testify the same Among whom the least friend to Episcopacy is Jerom being himself not a Bishop but a Presbyter His testimony therefore alone sufficeth It was decreed all the world over that one chosen from among the Presbyters should bee set over the rest to whom all the care of the Church should pertaine Yea so universall was this Custome that it was observed oven among the Hereticks which went our of the Catholick Church All these things saith the Author of the Homilies upon Matthew which are proper to Christ in verity have Hereticks also in their Schism Churches Scriptures Bishops and other orders of the Clergy Baptisme Eucharist and all things else Certainly this errour of Aerius was condemned of all the Church that he said A Presbyter ought to be discerned from a Bishop by no difference Jerom himself to him who had written There is no difference between a Bishop and a Presbyter answers 'T is spoken as ignorantly as one would wish you have as the Proverbe is made shipwrack in the Haven Lastly Zanchius also acknowledgeth the consent of the whole Church in this point Our third determination is That Episcopacy had its beginning in the Apostolicall times Witnesse the Catalogues of Bishops in Irenaeus Eusebius Socrates Theodoret and others all which begin from the Apostles age now to derogate faith in an Historicall matter from so great Authors and so consenting together it cannot but be the marke of an irreverent and pertinacious mind It is all one as if you should deny the truth of that which all the Roman Histories deliver That the Consulship began from the expulsion of the Tarquins But let us againe heare Jerom At Alexandria saith he from Mark the Evangelist the Presbyters alwaies elected one from among themselves placed him in a higher degree and call'd him Bishop Marke deceased in the 8. of Nero to whom John the Apostle being yet alive succeeded Anianus to Anianus Abilius to Abilius Cerdo The same Apostle surviving after the death of James Simcon had the Bishoprick of Jerusalem after the death of Peter and Paul Linus Anacletus Clemens Held that of Rome Evodius and Ignatius that of Antioch Surely this Antiquity is not to bee contemn'd whereunto Ignatius himself the coetanean of the Apostles and his next followers Justin Martyr and Irenaeus yield most apparent testimonies which need not bee transcribed We will end this with Cyprian Now saith he through all Provinces and through every City are appointed Bishops Our fourth is this This Episcopacy is approv'd by Divine Law or as Bucer speaks it seemed good unto the Holy Ghost that One among the Presbyters should be charged with a singular care The Divine Apocalyps affords an irrefragable argument to this assertion for Christ himself commands to write unto the seven Angels of the Asian Churches Who by Angels Understand the Churches themselves they manifestly contradict the Holy Scriptures For the Candlesticks are the Churches saith Christ and the stars are the Angels of the seven Churches 'T is a wonder how farre men are transported by the spirit of Contradiction when they dare confound things so openly distinguisht by the Holy Spirit We deny not but every Pastor in a generall signification may be capable of this title of Angel but here 't is manifestly written to One in every Church Was there but one Pastor in every City No sure for even from the time of Paul at Ephesus were many Presbyters ordained to feed the Church of God Why then is the Letter sent to One in every Church if no One had a peculiar and eminent Function Under the name of Angel saith Austin is commended the Governour of the Church The Angels are the Presidents of the Church saith Jerom. If any had rather hear the modern Writers let Bullinger speak The heavenly Epistle is destin'd to the Angell of the Church of Smyrna that is the Pastor Now Histories doe witnesse that Angel or Pastor of the Church of Smyrna Polycarpus was ordained Bishop of the Apostles namely by St John and lived in the Ministery of this Church 86. years What Bullinger relates of Polycarpus is confirmed by Irenaus Tertullian and other Antients who say We have the Churches nourished by John for though Marcion reject his Apocalyps yet the Order of Bishops recounted to its Originall will stand upon John the Author Let Marorat also speak John began with the Church of Ephesus for the celebrity of the place nor doth he addresse himself unto the people but the Prince of the Clergy that is the Bishop Haply Beza's Authority or Rainolds will be more accepted See therefore what favour the Truth found with them Beza To the Angel that is to the President who was in the first place to be admonisht of these things and by Him his other Colleagues and all the Church Rainold In the Church of Ephesus although there were many Presbyters and Pastors for the administration thereof yet One was over those many whom our Saviour calls the Angel of the Church and writes the things to him which others from him might learn Certainly if it be well said by Dio Prusoeus that Kings are the Genii of their Kingdomes and in Holy Scripture Kings are stiled by the name of Angels who sees not that this name is also by an excellent right agreeable to the Prince of Presbyters Christ therefore writing to those Bishops as men Eminent in the Cergy without all question hath approved this eminence of Episcopacy To let passe the Annotations after the second Epistle to Timothy and that to Titus which are found in the most antient Greek Copies Concerning Timothy hear the writer supposed Ambrose whose words are these Timothy created Presbyter by himself the Apostle called Bishop because the prime Presbyters were so entitled of whom One receding the next succeeded but because the following Presbyters began to be found unworthy to hold
the Primacy that method was alter'd by a Councill providing that merit not seniority should Create a Bishop ordained by the judgement of many Priests to the end an unworthy person might not unadvisedly usurp the place and so become a scandall to many Hee saith the primacy of Timothy among the Presbyters is acknowledged by the Apostle Whereas some learned men would hence set up a certain circular praesidency herein they are opposed by all the antient Monuments that are extant nor doe the words of Ambrose help them for receding is all one with dying or departing And whereas the Courses of the Priests are brought hither to establish this Interpretation any one may see with half an eye how impertinent it is when those Courses make nothing toward presidency which was alwaies in the High-Priest and other Chief of their Classes But the alleged Writer his meaning is that Seniority in age or rather in Function was valued in the making of Bishops Wherein although none of the Antients be on his side yet if wee understand him of certain Churches what hee saith is not incredible For also the Archimandrits or chiese of Hermitages at the Commencement of Monachism were elected according to that Order To believe him of all Churches Jeroms testimony of the Alexandrian Custom will not permit The same Writer concerning Timothy Timothy now Created Bishop he institutes by epistle how he ought to govern the Church Concerning Titus Titus the Apostle Consecrated an Apostle and so admonisheth him to be sollicitous for the well ordering of the Church No other are the judgements concerning Titus Timothy of Epiphanius Eusebius Chrysostom Oecumenius Theodoret Theophilact Primasius as by producing their words hath been demonstrated by others Yea the Oecumenicall Synod of Chalcedon saith After S. Timothy untill now have been made xxvii Bishops all ordained in Ephefus For Antiquity did not believe what of late some with confidence aflirm that they who were Evangelists could not be created Bishops As long as they walked about the Provinces they did the office of Evangelists but when beholding in one place a plentifull harvest they thought fit to cherish it with their longer Presence doubtlesse being presidents to the Presbytery they performed all offices Episcopall Upon which reason Antiquity believed that the Apostles also were truly Bishops of certain Cities namely in those places where they made longer stay or to speak more properly where they sate by which word Luke hath very emphaticully expressed Paul's abode with the Corinthians Besides Timothy and Titus we read of others advanced by the Apostles into the Episcopall throne Concerning Evodius thus to the Antiochians writes Ignatius He first by the Apostles hands was promoted to our presidency What presidency that is is not left doubtfull by Ignatius who every where distinguisheth the Bishop from the Presbyters and preferrs him above them You must doe nothing without the Bishop but be subject to his Presbytery And in another place The reverend Presbytery being dear to God is so fitted to the Bishop as the strings to the Harp And again in another place What is the Bishop but the Prince and the Presbyters but his Counsellours This is that Ignatius who saw Christ in the flesh who lived with the Apostles who next after Evodius was Bishop in the Church of Antioch A question may be made when as their office who were over the Presbyters by a certain perpetuall dignity is so antient and approv'd by Christ himself by what name was that Honour entitled before the common name of Bishops began peculiarly to be ascrib'd unto this Presidence which as Jerom thinks began about the viii year of Nero. The antient Fathers are of opinion that those Princes of the Presbyters were stil'd Apostles And truly there remain in Cyprian and other Authours not a few obscure prints of this locution Yea Paul himself when he saith Hee was nothing lesse than the chiefe of the Apostles seems to intimate there were some other Apostles of lesser mark That the name of Angel was antiently given to him who afterward began to be called Bishop the Apocalyps evinceth For it appears the word was taken as of common use because those Letters are popularly written and the Mystery of the Starrs is explained by the appellation of Angels as being very obvious but the most simple and plain denomination seems to have been that of President for by this name Justin Martyr calls the Bishop in his second Apology Another question may be By what example Episcopall Eminence was brought into the Churches It is certain there were degrees of Priests among the Heathens that the Custom was not new to the Grecians and such as sprang from Greece we learn by the most antient discipline of the Druids One saith Coesar is President to the Druids who hath amongst them the chief Authority And how antient the Emmence of Mother Cities in matters of Religion is we learn out of Thucydides where he speaks of the Corcyreans a Colony of the Corinthians upon which passage the old Scholiast notes It was the Custome to receive High Priests from the Metropolis Strabo names one Priest of the Catti who was we make no doubt the highest and among the Burgundians the greatest Priest is mention'd by Marcellinus This custome God himself approved by the legall Constitution of the Judaical Republick when hee set up One with highest Authority over all the Priests Who although in some acts hee was a Type of Christ yet the whole Institution of this Pontificate is not to be referr'd to this end alone This eminence of one Priest served for Order also as well as the Regall Power which did also in its way adumbrate Christ Although then this example might suffice yet to me the Constitution of the Christian Church seemeth not so much expressed according to the pattern of the Temple at Jerusalem as of the Synagogues For the Synagogues were in many places without any Commanding Power as neither the Church of Christ hath any by it self Adde hereunto that wheresoever the Apostles came they found Synagogues well enough ordered even from the times if the Babylonian dispersion which if they would receive the Faith of Christ as to them the Gospel was Preached before others there was no cause why they should depart from that Government that the experience of many ages did commend nor was it any burden to the Gentiles in such a matter to accommodate themselves to the Jewish institutions Now in every Synagogue it is certaine there was one who by the Greekish Jews was call'd the Ruler of the Synagogue which name occurs frequently both in the Gospell and the Acts and every where the Prince of the Synagogue is designed by it Only one place is excepted where the word being taken in a larger sense in one Synagogue are named more Rulers that is both he who as the Hebrew Masters teach us was the Prince who answers to our Bishop
Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin ●ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men
5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht ●om it Separation Epist 68. Jo. 10. Rom. 16.17 Ti● 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct frō them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the Supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons Which are refelled by Scripture and the objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de ●pisc Cl●ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall app●als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyte●s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Pollu● l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutab●lity in the man●er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 19. And may it self make Election upon just cause 20. This proved by reason 21. And by examples in the state of Naturall Law And under the Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures by them is meant the Collation of Bishopricks L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distingu●sh● 〈◊〉 ●ot necessary 3. Of Bishops and Lay-Elders 3 The word shop● plain Here ●●ken so the O●●sver ●●stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd L● 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right o● Ordination 16. For what reasons Bishops were laid by in some Churches De Minister ●vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall ●ime 18. All the antients by Presbyters understand only Pastors The ambigu●ty of the word Seniors and Elders 19. The Penitentiary Presby●er De peniten● 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the d●fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Cha●c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cer●ain cau●ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. T●id 11. All Patronages subject to the Highest Power 12. Inferior powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox
interpreted You shall destroy their altars and break downe their statues and cut down their groves and burn their graven images with fire The command must first be given by the Highest Power and then must execution be done readily by the Subjects Doe thus saith Austin upon the place when you have receiv'd Commission for it The Pagan Temples in the Roman Empire were not shut up before that Law of Constantius extant in both the Codes If any one hath broken Idols and there been slaine the Elibertine Councill forbids him to be receiv'd among the Martyrs because it is not written in the Gospell nor is any such thing found done by the Apostles But the Highest Power hath not only forbidden Idolatrous Assemblies but those too which gave themselves to any evill superstition or errour publickly pernicious or were obstinate breakers of the Churches peace Christian Emperours have excluded Hereticks and Schismacks from all accesse to honours have deprived them of the right to obteine any thing by Will have given away their Churches to the Catholicks All which Austin at large defends against the Donatists For those p●●shments of such inexcusable Delinquents in Religion which left them time of repentance the antient Church approv'd But the paine of Death was so much against the gentlenesse of the old Religion that Idacius and Ithacius were condemned by the Bishops of Gallia for being Authors that certaine Priscillianists should be confuted with the sword and in the East a whole Synod was condemned which had consented to the burning of Bogomilus Yet sometimes also false Religions have gone unpunisht under pious Emperours The Jews whilst they held from the contempt of the Christian Law and from drawing over Christians to their Sect had alwaies free use of their Religion Neither were the Pagan rites prohibited by Constantine at the beginning of his conversion but he advanced Pagans to the Consulship as Prudentius notes to Symathus So Jovinian and Valentinian Princes worthy of all praise terrified not them with threathing edicts that violated the verity and unity of the Christian Law And which is more to be noted the Emperours did not only permit impunity to disagreeing sects but often made Laws to order their Assemblies Constantine and following Emp●●urs grant to the chief Rulers of the Jewish Synagogues the same Rights with Christian Bishops So Theodosius forbids any to be received into their Sect against the will of their Primates and forbidding them to be received into their Assemblies that denyed the Resurrection and Judgement or would not acknowledge the Angels to be Gods creature He saith he had reformed the Jewish Nation So the Proconsuls took away the Churches of the Donatists from the Maximianists because they were proved to have been condemned in a Councill of the Donatists Moreover in the true Church the Right and Office of the Highest Powers is not only conversant about the whole body of Religion but the single parts as reason and examples doe evince Reason because it cannot be otherwise but He that hath right upon the whole hath right upon the parts Examples are at hand Ezechias that he might suppresse the adorers superstition took away the Serpent set up by Moses and by the same right against the Decrees of the second Nicene Synod Charles the Great forbad the adoration of Images Honorius and Arcadius repressed by their Edict Pelagius and Calestius the authors of a false opinion and so of late some of the German Princes have purged their Churches otherwise well ordered of the Ubiquitarian Errour For prevention of Schisme Constantine cut off needlesse Questions an example worthy to be imitated by our Rulers for it is most true which Sisinius said to Theodosius By Disputations about Religion contentions only are inflam'd The Emperour Andronicus of excellent knowledge in Divinity threatned the Bishops disputing subtilly upon The Father is greater than I that unlesse they would abstain from such dangerous discourse he would throw them into the river Even true words but not extant in the Bible were for a time forbidden to be used So Heraclius the Emperour prohibited both the single and the double Energy to be ascribed to Christ that this is not to be dislik'd we have the authority of St. Basil for us who saith Many pious men abstained from the words Trinity and Homousion and that also the word Unbegotten is not to be used of the Father because these words are not in Scripture And Meletius of Antioch for a time abstained from questions about Doctrine only delivering what pertained to emendation of manners esteeming this care above the other It is pertinent here which Plato hath in his Lawes That no man should publish any writing unlesse approved first by Judges appointed for the purpose This is also an especiall work of Lawes to compose the manners of the Clergy The blind and the lame David excludeth from the Temple Ezechias and Josias command the Priests to be purified Justinian doth not allow the Bishops to wander up and down to play at Dice to be spectators at Playes And Platina exclames very justly O King Lewis I would you lived in our times Your most holy orders your Censure is now very necessary for the Church To proceed That the Powers also used their Authority in defining things which the Divine Law hath left undefined is most plain The King of Ninive proclam'd a Fast David commands the Ark to be transported Solomon orders all things for the ornament of the Temple and after him Josias who also takes care that the Treasure destin'd for Sacred uses be not alienated Of this kind is the greatest part of Constitutions which appear in Theodosius and Justinian's ●ode and in the Novels and in the French Capitulars as of the age of Bishops Presbyters Deaconesses of the immunity and judgements of the Clergy-men and insinite other things which were tedious to number That in those Lawes are Constituted many things that are not in the Canons both the Reading shewes and Whitaker confesses Therefore also in the Trent Synod the King of France doubted not to declare by his Orators That the most Christian Kings so 't is in the Acts have made many Edicts in matters of Religion after the Example of Constantine Theodosius Valentinian lentinian Justinian and other Christian Emperours That they have made many Ecclesiasticall Lawes and such as the antient Popes not only were not displeased with but some receiv'd into their Decrees and esteem'd the chiefe authors of them Charles the Great and Lewis the Ninth most Christian Kings worthy the name of Saints That the Prelates of France and the whole Order Ecclesiasticall according to the Prescript of those Lawes have piously and Christianly ruled and govern'd the Church of France In the mean time it is most true that the Emperours for the most part in making lawes had respect unto the Canons old or new whence is that saying The Lawes disdain not to
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 no● only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Ama●●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
certaine neither the Apostles nor the Church had any coactive power granted to them I come unto the name of Presbyters which many think in the new Testament was given to the Assessors of Pastors which is not clear to me In the Testament I find three significations of this word ●one which pertains to age as when the Presbyters or Elders are oppos'd to the younger another which belongs to Power and Empire as when there is mention of those that sate in the great Synedry or in the lesse a third which agrees to the Preachers of the Gospell a fourth I doe not find A question may be made why the Apostles call'd the Pastors ordained by them by the name of Presbyters Was it because scarce any other but old men were called to that Office or because in the Synagogue also the Masters by an excellency had that appellation or which I like as well by a similitude taken from the Jewish Magistrates For Christ himself in the constitution of his Church that he might shew himself a King and withall by degrees might abolish the hope of an earthly Kingdome composed his Church though destitute of all externall power to a certaine Image of the Judaicall Kingdome and so erected the minds of his Disciples to the hope of a Kingdome Celestiall There was one King among the Hebrew people He also acknowledgeth himself to bee a King In that Kingdome were twelve Princes of their Tribes Christ constituted to himself so many Apostles and that it might not be doubted whether he had respect promiseth to them twelve thrones whereon they should judge the twelve tribes of Israel In the Kingdome were LXX Senators of the Great Synedry so many Evangelists are constituted by Christ The third dignity in the Kingdome was of the City Judges called Presbyters or Elders in the Church also the Presbyters follow the Apostles and Evangelists in the third place The chief of those Judges were called Bishops or Overseers and so in the Church the Princes of the Presbyters are the Bishops Lastly They that waited upon those Judges were Deacons or Ministers so are they called in the Church who are Ordained below the Presbyters What the Office of Presbyters is in the Christian Church the Apostles in sundry places teach us Paul having sent for the Presbyters of Ephesus to Miletum gives them to understand that they were made Overseers over the flock to feed the Church of God James biddeth the sick call for the Presbyters of the Church to pray over them and anoint them with Oyl in the name of the Lord. Peter exhorts the Presbyters being himself a Co-Presbyter that is a Colleague in the Office It appears therefore they were Pastors Neither were they otherwise ordain'd but by imposition of hands as of Timothy it is recorded In other places where without any character Presbyters are barely mention'd to understand any other Presbyters but those who in so many places are most clearly describ'd is the part of a temerarious conjector unlesse the Context compell us to depart from the certain and receiv'd signification In all the new Testament only one sentence of Paul is extant which is speciously brought to confirme those Presbyters non-Pastors Let the Presbyters or Elders that rule well be counted worthy of double honour especially they who labour in the word and Doctrine From this word especially is infer'd that there were in that time certaine Presbyters who ruled only and did not labour in the word and Doctrine But first if that were true at least somewhere else would appeare this new kind of Presbyters never spoken of before by what Author by what occasion it began as the Originall of Deacons is recorded and not so on the By and in passage in a single place where the speech was not concerning Offices Ecclesiasticall this necessary part of Ecclesiasticall Government should not I say so slightly be insinuated Againe the Fathers next to the Apostles times would have told us somewhat of it at least the Greek Fathers who could not be ignorant of their own tongue would have left us this Interpretation which some suppose to follow from the very series of the words Now when as before the last age not one of the Interpreters hath taken the words of Paul in that sense we have reason to see whether they admit not another interpretation more consonant to other places of the Scripture Let us then consider the scope of the Apostle He would have double honour given to Presbyters What hee means by honour may be understood by the words afore Honour Widows Where to honour is nothing else but to maintaine them honestly for his will is that the Widows should be honour'd who are Widows indeed that is as appears by the opposition such as have not believing kindred by whose help they may be relieved for if they have such he forbids to be burthensome to the Church After he had finished his discourse of susteining Widows he shews the Presbyters also must be supplyed with honest maintenance That this is noted by the word honour the reason annexed proveth For it is written Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. This same testimony of Scripture he had produced elsewhere to the same sense who goeth a warfare any time at his own charges who planteth a Vineyard and eateth not of the fruit thereof or who feedeth a flock and eateth not of the milk of the flock Say I these things as a man or saith not the Law the same For it is written in the Law of Moses Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. And afterward If we have sowen unto you spirituall things is it a great thing if we shall reap your carnall things Well is it noted upon the place we handle by Chrysostome Jerom Ambrose Calvin also and Bullinger that the Apostle here speaks of supply of maintenance necessaries That our Assessors should be susteined by the Churches allowance is not seen at this time nor was ever seen Neither is it credible that the Apostle who every where spares the Churches burdened enough with poor people would lay an unnecessary burden on them Wherefore if ever in this place especially those Assessors had been unseasonably mention'd where a discourse of maintenance is commenced The words of Paul have been commodiously interpreted many wayes by others The plainest Interpretation is Maintenance is due indeed to all Presbyters that rule the Church that is feed the Lords flock but especially to them that wholy neglecting their private affairs apply themselves to the only care of propagating the Gospel and spare no labour in it Here then are not set down two sorts of Presbyters but it is declared that the labour of all is not equall All acknowledge even Beza too that the word translated to labour notes not every labour but that which is most painfull In