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A37249 De jure uniformitatis ecclesiasticæ, or, Three books of the rights belonging to an uniformity in churches in which the chief things, of the lawes of nature, and nations, and of the divine law, concerning the consistency of the ecclesiastical estate with the civil are unfolded / by Hugh Davis ... Davis, Hugh. 1669 (1669) Wing D417; ESTC R5997 338,525 358

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appellatio permissa regulariter non est That from Arbiters there is no appeal permitted Regularly Variar Reso lut lib. 2. cap. 12. num 3. The present lawful Government is from God proved in the general and concerning the Church Government in particular Cap. 2. Sect. 2. sayes Covarruvias and so others VII The present lawful Government both Civil and Ecclesiastical in any Society is the Ordinance and appointment of God For so saith the Scripture The Powers that be are ordained of God Rom. 13.1 And the Governours derive their Power also or right of Governing immediatly from God for there is none else hath it to bestow upon them but he as the Omnipotent Creator primarily and as the Supream Governour of the world secondarily as was said above concerning Religion And so saith the Scripture also That therefore the Civil Magistrate in the exercise of his power is the Vicegerent or immediate Minister of God Rom. 13.4 Concerning the Civil Government I shall prove its being from God more at large anon Concerning the Ecclesiastical and the power proper to the Church Governours in a Christian Church Infra hic §. 15. I shall evidence it here and that from the Divine Law of Christ So Matth. 28.18 19 20. at his first giving them their Commission All power is given unto me in Heaven and in Earth go ye therefore c. So St. Paul Heb. 5.4 And no man taketh this Honour to himself but he that is called of God as was Aaron And Eph. 1.20 21 22 23. with Eph. 4.8 and 11. And he gave some Apostles some Prophets some Evangelists some Pastors and Teachers for the perfecting of the Saints c. And the like other Texts might be mentioned Hence in the Law of Moses God himself gave particular Order for the Admission and Consecration and anoynting of Aaron and his Sons to their Priestly Office And the Heathens derived the power of their Priests from their Gods Legib. Dial. 6. And Plato in his Laws would have the Creation of them determined by Lots That so it might be committed to God to take whom he should please by the disposal of them The very same thing which the Apostles of Christ did Acts 1.26 in the case of Matthias in the New-Testament So also in the New-Testament the Bishops of the Seaven Churches of Asia are called the Angels of those Churches And the ordinary Ministers in the discharge of their Function are every where called the Ministers and Messengers of Christ And therefore it is the universally approved assertion of the Law Canon and Schools Praelationem esse à Deo That Prelacy is from God and that for this Reason sayes the Canon Law The Ecclesiastical Censures rightly executed by Church-men are of the same efficacy and as much to be regarded as if they were executed immediatly by Christ himself So the Decretum Decret pars secunda Causa 11 Quaest 3. nemo contemnat c. Nemo contemnat Ecclesiastica vincula Non enim homo est qui ligat sed Christus qui hanc potestatem dedit Dominus fecit hominis tanti honoris Let none contemn the bands of the Church for it is not man that binds but Christ who hath given this Power and the Lord hath made men to be of so great honour And so also Aquinas Prima Quaest 96. In secundum sentent Lib. 2. distinct 44. Quaest 2. Prelatio omnis est à deo That all Prelacy is from God And Durand Prelatio est in hominibus ex ordinatione divinâ That Prelacy in men is from the Divine appointment and Ordination And it is the common vote of the Papal Canonists That Summus Pontifex est supra omnes gradus and Constitutus solo à Deo That the Chief Prelate the Pope is above all Orders and constituted by God alone Practicar Quaest lib. cap. 1. n. 2. §. 4. And Potestas Ecclesiastica sayes Covarruvias in hoc a Civili differt quod ea non est immediate penes totam Rempub sed fuit ab ipso Deo Jesu Petro ut Principi et Apostolis caeteris eorumque successoribus concessa That the Power Ecclesiastical differs in this from the Civil viz. in it s not being immediatly in the hands of the body of the People to bestow But it was granted from God himself Jesus to Peter and the rest of the Apostles and to their Successors But I speak not these things to countenance what is meant by them by these men but only so far forth as they make in the general to my present purpose VIII In the controversie The two constitutive causes assigned from whence the Civil Power is derived in the controversie concerning it concerning the original of Civil Government there are two constitutive and principal efficient causes of the Civil Power assigned The one is God and his immediate donation of it The other is the People and their Authoritative donation of it And both are alledged And because that this Principle of the authoritative donation of the people in this case is directly opposite to the immediate donation of God and that also there are many dangerous consequences and such as are destructive to the very constitution of an Ecclesiastical Uniformity in particular and the Laws of it and particularly the right of Rising in Armes which are derived from this authoritative donation of the people mentioned therefore also I will here farther state the Case concerning both these matters IX The state of the case then concerning the derivation of the power of Government from the people is thus The state of the Question concerning the derivation of it from the people 1. A Primitive liberty of all men by nature is laid down as the Ground and Foundation of it 2. The people by their consent given are said to confer the power of Civil Government over them on their Governours 3. The Governour set up by them is stated not as a Proprietary but only as the peoples Usufructuary and Tenant at Will in the mean time in his Government 4. The power of Government is said to remain fundamentally as they call it all the while in the people and only the exercise of it for the present to belong to the Governour 5. The consequence derived from hence is that the people therefore may resume it in case of Male-administration and reduce all things again to the state of Nature as they call it till another is set up 6. That they may use the means and exercise the right of Resisting rising in Armes c. for the deposing the Prince guilty of such Male-administration if occasion be 7. And Lastly All this is said to be appointed by God and Nature for these ends viz. The wellfare of Religion and the safety of Humane Society from Tyranny These then are the things that in our derivation of the Magistrates Power immediately and authoritatively in a special manner and not only by the concurrence of his general
distinguished sayes the Emperour Tiberius in the Civil Law That it is not onely for the Soveraine good of Societies that Lawes be well made but also that they be well kept and looked after and brought to effect II. The Supervisors then in an Ecclesiastical Uniformity are of divers sorts and degrees in relation to the affairs of it They are such either as Supream or Subordinate and by Deputation And those by Deputation again are such diversly and according to the several Modes of Ecclesiastical Polity in several Societies and the occasions of them The Supream Supervisor assign'd and the reasons for his being so III. The supreme Supervisor in every Ecclesiastical Uniformity is the Chief Magistrate or Soveraigne Prince And the Reasons for his being so are both because he hath the supream and universal charge of all and the management of the affairs of it committed to him by God as hath been heretofore evidenc'd and also because he is suppos'd then by consequence and from his actual Management of those affairs Supra Lib. 1. Cap. 5. lib. 2. cap. 6. §. 21. to have the best knowledge of all occasions both of Church and State and which concern his Supream Publick charge mentioned From whence he derives his Right IV. And he hath the Right to this his Supream Superiorship partly by vertue of his Supreme power over all and partly by vertue of his indirect power in Spirituals and by vertue of either from the immediate donation of God And this supream Supervisorship is one of the Magistrates more particular Rights above mentioned And he hath alwayes held it generally in all Ages and Societies The Aegyptian Hieroglyphick for Government was an Eye in a Scepter and the chief Magistrate is like a watchman upon a Tower who is to look down and view the general state of his people The Deputative Supervisors further distinguish'd V. The Deputative Supervisors then are those also who derive their Right of such their Supervisorship either from the Supream Supervisor mentioned or else from Christ And they also are either Supream or Subordinate and these again either more or less Subordinate either pro tempore or pro perpetuo And all of them are the Church Governours or Ecclesiasticks ordinarily although sometimes others also in any Societie either Christian or other and in their several degrees and Spheres of Order and Government and according to the several Modes of Ecclesiastical Polity in several Societies and the Occasions of them and who so far forth as they are invested by the Supream Magistrate derive their Right either mediatly or immediatly from him and so far forth as by Christ in like manner also from him And this Ecclesiastical matter of Supervisorship so far forth as it is Ecclesiastical and relates directly to Religion is alwayes ordinarily and most properly thus to be committed by the Supream Magistrate and so far forth as belongs to him to Ecclesiasticks or Churchmen because it belongs to them in the nature of the affair and in relation to their being such a peculiar sort of members of their distinct Church-Society as was above mentioned more in the general Lib. 2. cap. 6. §. 4. 10. alibi And these supervisors also have been accordingly alwayes divers in the divers sorts of Churches and Societies that have been in the World So in the state of the Jewes and in the Ancient Heathen Church-Societies both amongst the Greeks and Romans and others as hath been also partly mention'd under another notion above Lib. 2. cap. 6. §. 4. And in the Christian Church whether more Primitive or Papal the Records concerning these things are to be seen in the Code and Novels of Justinian in the Body of the Canon Law up and down in the Canons of Councels and the like In the Code and Novels there are mentioned Vid. C. I●e Epis cap. Cl●r L 6. p r Tit. alibi Novel Vid. C●●stit 5 6. 28. 59. 67 123. alibi Vid. S●xti lib. 1. Tit. 6. prope fin Et ibid. Tit. 15. Et lib. 5. De Haereticis Et Clementin lib. 5. Tit. De Haereticis Et alibi The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Office of a Bishop in the Christian Church as was partly abovesaid the Patriarchae Metropolitani Archi-Episcopi Episcopi Presbyteri Diaconi Sub-Diaconi Exorcista Lectores Ostiarii and Artolythi The Patriarchs Metropolitans arch-Arch-Bishops Bishops Priests Deacons Sub-Deacons Exorcists nay even the Ostiarii or Door-keepers the Arolytes or more inferior orders of Servitors in Church affairs and the like others of divers sorts and degrees as may be seen And so also in the same Law there are to be seen the Papal Offices of Legate a latere of Inquisitions and the like describ'd and recorded and the like might be said also concerning other Monuments and Churches either more Ancient or Modern and as they have subsisted in their several times or manners in the World VI. As to the Christian Church then in particular and the offices constituted by Divine Authority in it we have here lighted upon the office of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Bishop or Overseer Ecclesiastical of the affairs of it and who is so termed up and down in the new Testament by way of Emphasis and Eminency and in a way proper to himself and distinctly from others And he is the Supream Supervisor in every Ecclesiastical Vniformity who is purely Ecclesiastical and who by vertue of the Institution of Christ and according to his being indued with suitable Direct power in spirituals from him is bound ex officio to look after the affairs of the distinct Societie of the Christian Church in the General besides what more particular powers he may at any time and in any more particular Mode of National society derive from the supream Magistrate principally for the sake of the Consistency of Religion with Government In the interim this office he is ordinarily to spend his time in and to look after and to mannage it with great care and prudence and that because without a due oversight of affairs the particular Church Powers cannot be rightly applied and brought to effect as was said and without the Application of them aright Hic Supra §. 1. there can be no well-being for the Church-Societie So then the due discharge of this great office of trust is fundamental to the well-being of the Christian Church besides also what respect it may have to the welfare of Civil Government and all Humane Society in any state or Common-weale There are some who mix this supream Ordinary Ecclesiastical Supervisorship and who by constituting the persons called Lay-Elders to be Jure Divino do divide and share the Ecclesiastical Supervisorship betwixt Laicks and Ecclesiasticks So the Church of Geneva See the Lawes and Statutes pag. 1. pag. 10 11. both expresly and in effect both by their constituting their Elders or Commissioners for the Seniory to be one
vulgarly and popularly permitted they ordinarily fail not to produce those Enormities mention'd and that partly through the Infirmities and partly through the Corruptions of men Both which two Grand causes of all Mischiefs in Humane Affairs will be more particularly treated of anon Infra lib. 2. cap. 5. The Emperor Marcianus therefore gives the very Reasons mention'd of his forbidding these Contentions C. De Summa Trinitate L. nemo Clericus Nemo Clericus vel Militaris vel alterius cujuslibet conditionis De fide Christiana publice turbis Coadunatis Audientibus tractare conetur in posterum ex hoc Tumultûs persidiae occasionem requirens That none neither Clerick nor Military man nor of any other condition whatsoever should endeavour for the future to handle any matters of the Christian Faith with Companies gathered together and hearing of them and from thence seeking occasion of Tumult and Treachery And so the Emperours Leo and Athemius concerning those that were permitted to go forth of their Monasteries L. Qui in Monasteriis C. De Episcop Clericis Caveant autem hi qui ita exibunt ne de Religione vel Doctrina disputent vel conciliabulis praesint vel turba concitata simpliciorum animos seducant c. But let these beware who shall so go forth that they do not dispute concerning Religion or matter of Doctrine or that they do not head private Councels or stir up Companies Lib. 2. cap. 7. ad finem whereby to seduce the minds of the Simple c. And we shall come to describe and evidence more particularly hereafter how much such Religious contests make to the hurt both of Religion and Government and the consistency of Religion with Government IV. In the interim contentions about matters of Religion The lawfulness or unlawfulness of Religious contests stated in the general are taken either in an ill or good sence and so are accordingly either lawfull or unlawful And that either as to the matter contested as was said just now or the manner of contesting it And as to either Lawful when they make either to the confounding of Hereticks or the cleering and advancing of the Faith and Unlawful when the contrary And so the Imperial Lawes determine in this matter But then the respects which such Contentions bear to Government and Religions consistency with it as well as those which they bear to Religion simply taken are to be supposed to be understood in this determination also V. The causes of such ordinarily unlawful contentions then The ordinary causes of unlawful Religious contests assign'd as we have mention'd and which are ordinary and common amongst men and therefore proportionably to be watched over by the Governours of all Societies are these that follow VI. First of all The first ordinary cause of such unlawful popular contentions the false application of the Immortal Notion of Religion to things i. e. when they are taken and voted to be matters of Religion in a more eminent Notion then they deserve and are prosecuted with zeal and violence accordingly And that whether imprudently and out of Ignorance or maliciously and for evil ends it matters not so long as both wayes they are so prosecuted with Zeal and consequently such a cause of Contention And these Contentions about such matters of Religion and as all other are ordinarily very sharp In Confess fidei Aethiop apud Damianum à Goes So Zaga Zabo in his Confession of the Ethiopian Faith recites it concerning the Portugals their branding his Country-men with the names of Jewes and Mahometans because of some differences of theirs about Circumcision and the Sabboth And Cromerus recites the like Poloniae lib. 1. prop fin concerning the Russians hatred of the Romanists Ista ut nihil commune habere velint cum Latinis That it is such as that they will have nothing common with the Latines De omnium Gent. Morib lib. 2. De T●rtaria as they call them And Johannes Boemus Aubanus Teutonicus concerning the Tartars that Papam Christianosque cunctos Canes appellent they call the Pope Annal. Turcic lib. prope fin in supplemento Annal in quarto circa med pag. 134 135 137 138. and all Christians Doggs And the like Leunclavius concerning the Turkish and Persian Mahometans that their differences about their Prophets are the ordinarily assigned causes of their mutual wars That they burn the Books of one another call one another Hereticks and that it is a Maxim pronounc'd by the Turkish Mufti and held popularly amongst the vulgar That it is more acceptable to God for a Turkish Mahometan to kill one Persian then seventy Christians And such as we have mention'd are the Contentions many times in the bowels of the same National Church and about things either indifferent or dubious or else very remote from the Fundamentals of any Religion either True or False and so accounted to be by all but those that kindle the flames about them Such were the differences betwixt the Sects amongst the Jewes some of them mentioned in the New Testament So the Pharisees used peculiar kinds of Apparel R. David Sophon 1.8 and Habits They would not eat till they had washed their hands Matth. 15.2 They washed their Cupps and Potts Brazen Vessels and Tables Mark 7.4 They wore broad Phylacteries and the like And the Sadduces and others differed from them in such things Joseph De bell jud lib. 2. cap. 12. Philo de vitâ Contemplativa Josep ibid. Philo. ibid. So the Essens wore white Garments drank Water bound themselves by an Oath to preserve the names of Angels kept seven Penticosts in the year and the like The like Contentions also have been in the Christian Church nay they have cost Christendome more bloud then the Martyrdomes have done Such were the Contentions in the Primitive times of it's prosperity under Constantine and the following Emperours and mention'd in the Catalogues of Heresies and by Eusebius and others in their Ecclesiastical Histories Such those about the time of observing Easter Euseb lib. 5. Cap. 22.23 Sozom. lib. 1. cap. 14. Euseb ibid. cap. 24. about the manner of Fasting for difference in which Victor the Roman Bishop excommunicated no less then all the Churches of Asia and the like Such are those also amongst the remoter Regions of Christians at this day viz. the Greek Church the Moscovians Russians Jacobites of Syria Palestine and other places concerning the Celebration of the Sacrament with unleavened bread concerning Carved and Massy Images the substance of Angels and the like Such also have been the late Controversies nearer home about many points in Church Government and concerning the modes of service and the like But I need not say any more for the evidencing this matter since it is sufficiently observable from the experience of all Ages concerning the Heresiarks in several Countries and Churches when they have had any Heresie to spread or any ends
in the general into Ecclesiastical and Civil we come here to distinguish the Powers more generally belonging to each of those sorts of Government as their Rights both in relation to all Humane Society and also more particularly to an Ecclesiastical Uniformity And the Persons concern'd in those powers differently are the King and Priest who betwixt them rule the world as men in it are members either of the Church or State Duo sunt Parte primâ distinct 96. Rubric Autoritas Sacra c. Imperator Auguste sayes Pope Gelasius in the Decretum to the Emperour quibus Principaliter hic mundus regitur Authoritas Sacra Pontificium Regalis Potestas There are two things O Magnificent Emperour by which this World is Principally governed the sacred Authority of the Chief Bishop and the Kings Power The Christian Church and Civil State are distinct Societies II. The Christian Church and Civil-State are in themselves distinct and different Societies and so they ought to be esteemed to be in every Ecclesiastical Uniformity the one being a Civil and the other a Spiritual Conjunction of men and God who hath appointed them both to have a being and continuance in the World hath also appointed distinct Governours and Governments for them Or else The necessity of difference of Order and Power in Governours if it were not so Government being necessary to Society they could not both subsist and continue apart in the World But it is not only convenient but necessary for the Benefit and well-being of mankind in relation to them both that they should be in a Capacity so to subsist and De facto they have so subsisted III. The difference of Order and Power in Governours is a thing necessary to the being of all Governments of these greater Societies Exod. 18.13 14 15 16 17 c. F. de Excusationibus Tutelarum Temporibus eorum L. Excusantur And that because neither is one man able to execute all offices in such Societies nor can many men so execute them either the same Persons at diverse times or else diverse persons at the same time without a difference and variety in their several Capacities both in respect to order and power according to the different nature and quality of their Affairs belonging necessarily to those Offices Jethro's advice to Moses was to divide the burthen of his Government amongst his deputed officers The distinction of the Civil and Ecclesiastical Powers flowes from the Divine appointment according to the different qualities of those Affairs about which they are conversant Polit. lib. 4. cap. 15. in princip ibid. vid. History of the Inquisition Chap. 28. because himself alone was not able to bear it And the Roman Civil Law suffered not four Guardianships at once to be laid upon one man And all Humane affairs are necessarily of a more or less eminent quality according to the diverse respects they have to things and Persons in the World IV. The distinction and proper extent of the Civil and Ecclesiastical Powers and Rights of Government in any Society flowes each of them from the appointment of God according to the distinct nature and quality of the things and affairs in which they have to do and in which it is necessary that they should have to do for the support of their distinct and several Societies Sacerdotes sayes Aristotle Genus sunt quoddam Ministrorum à Civilibus Magistratibus scil ex natura rei restinguendum separandum That Priests are a certain kind of Ministers viz. from the nature of their Office to be distinguished and separated from the Civil Magistrates And God whose works are perfect sayes Padre Paule and who is the Author of all Principalities gives to every one so much Power as is necessary for his governing well And these Powers in all Societies and the Ecclesiastical Uniformity of them act either in Conjunction one with another as when Religion is National and the Church incorporate into the State or else separately one from the other as in the contrary case But yet still the Ecclesiastical power ought to Act so as in subordination to the Civil and according to the will of God And that these Powers are alwayes and more particularly in every Ecclesiastical uniformity to be preserved distinct by the appointment of God and according to the different qualities of their Affairs it is evident from the Universal Consent of all Lawes and Nations that ever have been in the World So in the Polity of the Patriarks and first men in the World The Priestly office and the office of the Civil Magistrate although united in one Person as hath been said were ever reckoned as distinct Supra lib. 1. cap. 3. §. 4. and were conversant about distinct sorts of affairs Sacerdoti functum fuisse Adamum dubium non est tum in recipiendis atque offerendis Sacrificiis c. sayes Bertram De Repub Hebraeor ca. 2. It is no doubt but that Adam did discharge the Priestly Office and that both in his receiving and offering Sacrifices And so of Noah Ibid. Noachus ex Arca egressus ad Pristinos Ritus divini Culius redit eosque apud suos omnes nondum dispersos exercuit That Noah being come out of the Ark return'd to the Ancient Rites of Divine Worship Ibid. and exercis'd them in his Family before it was dispers'd And so of Abraham as Priest also Abrahamum sacrificasse apparet ex Gen. 15.19 and 22.2 7 9 and 13. Abrahamum docuisse apparet ex Gen. 18.19 atque adeo Prophetam fuisse ex Gen. 20.7 Gen. 15.19 c. That Abraham Sacrific'd it appears out of Gen. 15.19 and 22.2 7 9 and 13. And that he taught also it appears out of Gen. 18.19 And that he also was a Prophet out of Gen. 20.7 So that they still as Priests did the work of the Priestly Office So also in the Polity of Israel in the wilderness God himself established and assigned particularly the distinct office and affairs of Moses and Aaron Exod. 40.13 14. Numb 8.1 2 3 4 c. Numb 1.49 Num. 3.15 Numb 1.53 In loc And therefore Aaron and his Sons were annointed solemnly to their office And the Tribe of Levi was not mustered with the other Tribes And they only were to Pitch their Tents about the Tabernacle And the Hebrewes do observe on Numb 3.38 that there is a pause or distinction betwixt the names of Moses and Aaron To signifie sayes Baal Hatturim That Moses pitched in one place by himself and Aaron and his Sons in another place by themselves And so was it also afterwards in Canaan and all along downwards in the Generations of Israel while they held any National Communion in one settled Society The like also was ever amongst the Gentiles So amongst the Greeks they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Meursius Elousin cap. 13 Those that prescribed what they were to do
ordinarily in holy things like the High Priest in Israel and the Bishops in the Christian Church Anthenio Comaed lib. 14. p. 661. Aristoph in Plut. pag. 71. They had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Priests in the great Mysteries Their ordinary Ministers and attenders at their Altars answerable to such also in the Jewish and Christian Churches Nay they had also even their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their Sweepers and keepers of their Temples And all these appropriated to the businesses of their several Functions in holy things So also amongst the Romans Romulus himself Instituted the Colledge of Augures sayes Pomponius Laetus And after him Numa Cap. De Augur and many other Orders of Priests The two Orders of the Salii In Numa and Feciales as Plutarch mentions And the Flamines and others are vulgarly known So also the Druides amongst the Galles mention'd by Pomponius Mela De Orbis Situ lib. 3. and others And the Gymnosophystae amongst the Indians mentioned by Julius Solinus also and others And all these were appropriated also to the businesses of their several offices The like also have been the Orders and Offices in the Christian Church and which are recorded in both Lawes and the Ecclesiastical Histories The Patriarks Metropolitans arch-Arch-Bishops Priests and Deacons and the other inferiour Church-Officers And by the Laws of the Emperours they also were determined to be a distinct Body from the Laity and in their several Stations had the peculiar assignation of the Church businesses to their management and as Churchmen were excluded from the ordinary management of other matters as not being the Proper business of their Function So the Emperours Honorius and Theodosius C. De Episc Et Cler. L. Placet Placet nostrae Clementiae ut nihil commune Clerici cum publicis actionibus vel ad Curiam pertinentibus cujus Corpori non sunt annexi habeant Vid. C. De Episcop Cler. l. nullus Episcopus Et l. Cum Clericis in Judicium Et l. Causa quae fit L. Clericus quoque c. Et De Episcopali Audient l. Episcopale Judicium Et l. Sancimus ut nemo c. Et Novell Constitut 383 c. vid. Capit. Caroli magni Ludovici Pii c. Lib. 6. ut Clerici Judices saecular non adeant Et lib. 5. ut nemo audat c. Et ut Clericus vel Monachus c. Et lib. 7. ut nullus Clericus vel Abbas c. Et de his qui sine jussione Episcopi c. Poloniae lib. 2 circa med infra Ecclesiae Anglicanae Politeiâ Tab. 2. Tab. 2. ● It pleaseth our Clemency that Clericks should have nothing to do in common with publick Actions and such as belong to the Civil Court to the Body of which they are not annexed And they had also their Ecclesiastical Courts and proper Tribunals before which only ordinarily and first of all they were to be summoned as is to be seen in the several Laws in the Code and Novels of Justinian under the Titles De Episcopis Clericis De Episcopali Audientia ut Clerici apud proprios Episcopos primum Conveniantur and the like And so also in the Ecclesiastical Histories the Canons of Councels and the several parts of the Canon Law down all along the Ages of the Church And the like also in the Theodosian Code and the several later and more particular Lawes of Countries In the Code in the sixteenth Book under the Title De Episcopis Ecclesiis Clericis and in other places And the Lawes of Charlemain Ludovicus Pius Carolus Cabvus and others do every where appoint the same And the like Cromerus recites of Poland Est autem judiciorum Ecclesiasticorum summ a penes Episcopos sayes he Quorum vices gerunt ii quos vocant Vicarios in Spiritualibus Cancellarii Officiales inter quos unus qui est primarius generalis appellatur Caeteri foranei c. That the summe of all Ecclesiastical Judgements is in the Power of the Bishops whose places they do supply whom they call Vicars in Spirituals Chancellors and Officials amongst whom one who is the Chief is called the Vicar General The others are proper to their several Courts And last of all the like recites Doctor Cosin the Dean of the Arches concerning the Constitutions of England And so runs the whole Series generally of the Lawes and practices of all other Countries And it is but natural that businesses of a Calling should be referred to men of a Calling even in the inferiour and more particular vocations in Societies and that those vocations should be distinguish'd and differenc'd according to the different nature and quality of their Affairs The Question Stated whether Church-men may have to do in the Administration of Civil affairs Lib. 1. Cap. 5. §. 6. V. Here then is a great Question arising viz. Whether Church-men may at all intermix in the administration of Temporal affairs in any Society We affirm the Question And but that it may be so in some Cases and for some reasons neither the Law of Nature nor the Divine Law either Mosaical or Evangelical nor the Civil Lawes and Customes of Nations do contradict as we have said already That the same Person may de Jure bear the office of Supream Priest and King And 1. First as to the Light of Nature if the Ecclesiastical Person be considered as a member of Humane Society in the general and so as standing in a Civil as well as an Ecclesiastical capacity it no way contradicts it Nay so farre forth as his intermixing in Civil administrations may make to the good of humane Society and particularly to the Consistency of Religion with Government and the preservation of it and that either by the imployment of eminent abilities in Ecclesiasticks or else by the maintaining any wayes Amity and a Charitative Correspondence betwixt the Ecclesiasticks and Laicks in any Community or by it's promoting the distribution of Justice to both Sorts of Persons in the Courts or the like it prompts to it and pro hic nunc it commands it The Administration of Justice is one of the Principal Pillars of all Common-weals and a charitative Communion betwixt the two States of Laicks and Ecclesiasticks hath been ever endeavoured and wished for by the Lawes and Constitutions and advices of all Princes within their Territories Vt Episcopi Comites Concordes sint In additionibus ad Copit Caroli Magni Additione 4. De Concordia Episcopor et Comit. Comites eorumque ministri Episcopis atque eorum Ministris in omnibus adjutores existant sayes Ludovicus the fourth of France in his Constitutions appointed by him to be published as such by Erchembaldus his Chancellor That his mind and desire was That the Bishops and Noble men should be friendly one to another and that the Noble men and their Retinues should be any
sort of Clerg-ymen so as to the lesser and more inferiour also proportionably So that thus then and with these Cautions and for these ends which we have mention'd The Supreme Magistrate in any Society may commit the discharge of Civil Offices to Church-men and they also may lawfully discharge them And since they as well as others are numbers of Humane Society in the Common as hath been said there can be no sufficient reason rendred why they also should not be under a general obligation to serve in that Capacity and he that shall assert and maintain the Contrary shall do it against the several Lawes and Practises of Nature and Nations which we have mentioned VI. In the mean time then their due respects are alwayes also to be preserved and performed to the other estates in any Society A Caution subjoyn'd To the Nobility who are umbrae Regis and Pares Regni the Shadowes of the Soveraigne Prince and Peers of the Realme And to the Gentry or second Nobles secondarily and in their places also We presume not to admonish Princes and Governours in this particular who understand their own affairs so well as to be careful to keep the estates of their Territories in their due Poize one towards another And both Laicks and Church-men in their several degrees and while thus intermix'd in Offices are to be mindful of the several respects to be perform'd to each other And it is never well and as it should be in any Society whatsoever till all these three Estates have their due and mutual respects perform'd to them both by the Soverain Prince and by themselves towards each other VII As we have said The necessity of difference of Orders and degrees of Churchmen and Ecclesiastical persons in any Church Society The several Orders and Degrees of Ecclesiastical persons mention'd in the Christian Scriptures and the Churches power of varying concerning them Vid. Canones Apostolor Can. 35 c. Concil Antioc Can. 9. Et Concil Nicaen Prim. Can. 6. c. Decr●ti part 1. distinct 21 23 25 79 c. Et Bezam in Matth. 2.4 Grot. in Math. 2.5 Spanhem in Dub. Evangel Gerhard in Harmon And Bp. Andrewes his Summary of the Government both of the Old and New Testament That there must of necessity be diverse degrees and orders of Governours in the general in any Society so here we say further and more particularly that for the same Reasons also there must of necessity be divers Orders and Degrees of Church Governours and Ecclesiastical Persons and Officers belonging to them in every Church-Society and Ecclesiastical Uniformity So there were alwayes amongst the Heathens in their Church Societies as we have partly already mention'd and as is to be seen in the several Heathen Histories and relations of these things And so there must of necessity be in all other Churches VIII As to the Christian Church there are divers sorts and degrees of Church Governours and Ecclesiastical Persons mentioned in the Scriptures both of the Old and New Testament and asserted by all the Ancient Councels the Canon Law the generality of Interpreters of Scripture and the like Let the Canons of the Apostles The Councels of Antioch of Nice The several distinctions in the Decretum c. be looked into And there are divers Powers also necessarily belonging to these divers Orders of Church-men according to the diverse Nature and Quality of the Affairs proper to their Offices In the Old Testament there are mentioned High-priests Priests of the second Order 2 Kin. 23.4 or Priests simply taken Levites and others In the New Apostles Evangelists Bishops Presbiters or Priests Deacons and others In the Old Testament these Church Officers were perpetually fix'd to their several particular Imployments And although in those dayes the Old Testament Church-Polity was intended only for the Kingdome of Israel and the Lawes both of the Church and State were suited one to another and fixed thus for ever by God himself yet it was left to Humane Prudence to vary still in Circumstances and indifferent things concerning the Ecclesiastical Polity according as the present state of Affairs might at any time require the substance of that Polity ever remaining So in Moses Joshua's David's Nehemiah's and others times And so there was a necessity from the vicissitudes of Affairs that God had appointed to be in that Church as well as in the rest of the World that it should be In the New Testament the standing ordinary Church-officers were appointed to be perpetual also The Ordinary were those whose Offices were ordinarily necessary for the well being of the Christian Church the extraordinary those who were appointed pro Tempore and as the present state of affairs in the first times did require And that the Platform of the perpetual and ordinary Offices of Bishops Preists and Deacons was derived and taken from the Pattern of High-priests Preists and Levites in the Old Testament it will not at all be doubted by him that considers the Circumstances attending those things and the Parity betwixt them And last of all if the Jewes Church which was settled under one perpetual Government and confin'd to one only Nation had Power to vary however according to the occasions of times in Circumstances and things indifferent concerning their ordinary Church-Officers of Ecclesiastical Polity then much more for the same Reasons hath the Christian Church such power to vary which is laid open to be set up in all Nations and appointed to consist as to these Circumstances and things Indifferent with the several sorts of the Civil Policies of those Nations and Countries The Rights and powers belonging to the Ecclesiastical Persons as such IX The Church Governours and Ministers in every Christian Church and the Uniformity of it have a full power and distinct Right from Christ of doing all things properly as is said belonging to them and as such in their several Capacities in the Church viz. Of Ministry Jurisdiction and Order as they are usually call'd And as also the Divine Law of Christ saith concerning them and all Decrees Canons of Councels and Ecclesiastical Constitutions derivatively from it Of Ministry i. e. Of Preaching Administring the Sacraments and dispencing all matters of Doctrine Of Jurisdiction i. e. Of commanding forbidding inflicting Penalties executing Ecclesiastical Censures and dispencing all matters of discipline And lastly of Order i. e. of ordaining others to succeed them in their several Functions in the World And so saith the Scripture Matth. 28.18 19 20. That Christ gave Power to his Apostles and their Successors in the Ministry to go forth and teach all Nations See also Eph. 4.7 8 11 12 13 c. And 2 Cor. 5 20. 1 Cor. 4.1 2 3 4. Heb. 13.17 Mark 16.15 16. Luk. 24.47 48. See also Matt. 16.19 Math. 18.18 Luk. 10.2.11 16 c. See also the 1 Tim. 5.22 1 Tim 4.14 Tit. 1.5 6. c. Vid. Can. 64. apud Carranzam in Summâ Concilior Vid.
Can. 4. ibid. Vid. Canon Apost Can. 1.2 Baptising them in the name of the Father and of the Son and of the Holy Ghost c. And the like concerning matters of Discipline John 20.23 Whosesoever sins ye remit they are remitted unto them and whosesoever sins ye retain they are retained And the like also concerning Orders See Acts 1.23 24 25 26. And Acts 14.23 And the like also say the several Councels derivatively from the Scriptures concerning these things So the sixt General Councel of Constantinople in the 64 Canon Non oportet Laicum publicè disputare vel docere sed Ordini à Domino tradito cedere aurem iis qui docendi gratiam acceperint apperire Divina ab iis doceri That it doth not behove a Laick to dispute publickly or to teach but to give place to the Order delivered from the Lord and to open the Ear to those who have received the Grace of Teaching and to be taught by them Divine things So also in the Nicaene Councel of three hundred and eighteen Bishops under Constantine in the fourth Canon concerning the Ordination of a Bishop And in the Apostolical Canons in the first and second Canons concerning the Ordination of the other degrees of Ecclesiasticks and the like in all other Ecclesiastical Constitutions generally down all along the Ages of the Church Vid. Clement Roman Apostolic Constitut lib. 2. cap. 20 30 31 c. lib. 3. cap. 10 11 c. Let the Apostolical Constitutions of Clemens Romanus be looked into And the several Titles in the Sextum Clementines and other parts of the Canon Law concerning the Sentence of Excommunication and the other Censures of the Church and the pronouncing of them And these more general Powers and Rights are those which according to the Nature of them and the vote of all these things do only properly and externally belong to the Ecclesiasticks as such as the like also they have in all particulars whatsoever whether the Church be Incorporate into the State or not Incorporate into the State in any Community that are necessary as to them for the support and preservation of their Ecclesiastical Society And this is a grand Right both Natural and Divine belonging ordinarily to them as Governours in such a Society and he that shall deny them such Power must say that God hath denyed them the means to the end that he hath committed the preservation and support of the Church to them as Governours and Ministers of it and yet that he hath denied the power of doing those things which are necessary for such the preservation of it But yet by these means necessarily to be granted to them we are to be suppos'd to mean spiritual and lawful means De potestat Civili Ecclesiast cap. 3. ad fin Vid. De Imperiosum pot cap. 3. §. 6. 14. Supra lib. 1. cap. 3 §. 20. And in no case particularly that of rising in Armes against the present Lawful Magistrate that would be with Peter to take a Sword in an unlawful way sayes Triglaudius and that is not committed to them and that is against Humane Lawes and Divine and the Law of Nature c. sayes Grotius Although elsewhere he permit it even to any single person in case of extream danger to Rise as we have said heretofore Erastus Answered In Thesibus vid. Thes 74. et alibi X. Erastus hath here of late started a Question by his denial of any need of Church Censures their being executed by Clergy-men under a Christian Magistrate But he is to be answered with their being a purely Spiritual punishment and inflicted in a Spiritual way and for Spiritual ends and therefore that in the Nature and Quality of the thing they do properly belong to Spiritual Persons to use as a means for the support of their Spiritual Society and according to the appointment of Christ And this is to be observed farther That notwithstanding his seemingly favourable advice given to Magistrates in this particular yet no Magistrate since the time of his Writing hath followed it And it will be found true by any one that considers throughly of these things and as I have partly hinted already That he that shall so farre adventure to confound Divine Affairs with Humane as to put the business proper to the Function of the Ministry into the hands of the Laity to be managed Authoritatively by them shall do that which shall tend to the taking away the standing Ordinance of the very Ministerial Function it self and even of all Religion also whatsoever in the end especially if he shall make such confusion in this particular of inflicting Penalties which according to the different kinds of Penalties here pointed at is one Right necessarily belonging to the support of any Government or Society whatsoever either Ecclesiastical or Civil The Character of the Ecclesiastical person's Function is Indelible XI Last of all on the part of the Ecclesiastical Persons the Character also of their Offices impress'd upon them in their first Ordination to them is indelible as to any Humane Power It is in the Power of man to suspend degrade or depose them from the actual execution and discharge of their several Offices as all Lawes and Practices of the World except that of the Papal only have constantly affirmed but God only at first invested them with the Habitual Power belonging to their several Offices and he only can take them away from them again These things then being thus stated and describ'd on the Ecclesiastical Persons part I come next to the part of the Civil Magistrate and to the Rights and Powers belonging to him as such and which are here concern'd also The necessity of some supreme amongst men XII On the part of the Civil Magistrate then first of all this is certain that both in relation to all Humane Affairs more generally and in every Ecclesiastical Uniformity more particularly there must of necessity be some supreme amongst men in every Society For what from Nature the Philosophers say notionally and in the general Averro's Metaph 5. Tom. 6. That Ordo nan datur nisi cum relatione ad aliquid primum there is no order of things but with relation to some first The same also from Art say the Polititians practically and in particular concerning Humane Society that the order of Persons to be observed in every Society of men must necessarily terminate in some Supreme in that Society XIII He then is Supreme in every Society The Supreme person defin'd as to his Political Qualification who hath the Supreme Jurisdiction over all others in that Society And Jurisdiction is defin'd by the Civilians to be Potestatem Juris dicendi A power of giving Law to others XIV The Person Vid. F. Si qui Jus dicenti non obtemperaverit L. unica ¶ Is videtur alibi And as to his person and that is the Civil Magistrate Supra lib. 1. ca. 1. §. 11.
suffer the noise that the Pope makes of his Supremacy over them yet when it comes to Trial will not by any means grant it him in their Practice There have been two famous and notable examples in this matter that have appeared of late dayes The first is that of the State of Venice in the case of it's interdiction by Pope Paul the Fifth in which case all the Princes in their several Countries and their Embassadors both at Venice and in the Court of Rome it self those who were Residentiaries there declaimed against the Pope At Venice sayes Paulus Venetus Historia Interdict Venet. lib. 1. prope fin while the distance was yet growing betwixt his Holiness and the State were the imperial French and Spanish Embassadors and they openly voted against the Popes usurpations in the Church matters lay'd claim to by him In the Court of Rome when the Monitory was there afterwards published against the State the Residentiaries then present sayes he also were Ibid. lib. 2. in princip the Marquess of Castile from his Imperial Majesty Alincurius from the most Christian King The Count of Verva from the Duke of Savoy and all these endeavoured with great earnestness and even to the growing of hot words betwixt them with the Pope for either the quite taking away or else the Prorogation of the Monitory And they held Correspondence after the Publication of it by frequent visits and conferences with the Embassadors of the State The Princes themselves also who in their several Countries disgusted it and declar'd against it were the King of Poland who Ibid. Vid. lib. 2. paulo post princip when the Popes Nuncio sollicited for the Publication of the Monitory in his Dominions gave him an abrupt repulse After him the Emperour who both in his own Person and by his Ministers sided with the Venetian State and advised the Nuncio that some temper might be found out for the business and the like In the next place the Catholick King and his Court so soon as ever they knew the matter were presently sensible that that was a doing which equally concern'd all Princes c. In France that King also amongst other things advised the Nuncio there to a Composure What the sense of England and Holland and such other Protestant Princes was is to be presum'd and not here pertinent to be recited But the like entertainment that this affair had with these Catholick Princes mention'd had it also with all others With the Great Duke of Florence The Vice-Roy of Naples the Count of Millaine the Dukes of Mantua and Mutina and the like So that thus these Princes and their Embassadors would by no means endure any such thing as the Invasion of this Indirect Power mention'd in Spirituals The other great instance in this business were the Transactions of the late Councel of Trent See the Historie of the Councel of Trent Passim Where also the Embassadors of Princes would not suffer any thing derogatory from the Lawes of their Countries and their several Masters Supreme Authorities which they really held about Sacred things to be passed into Canons And the Prelates and Divines also of those Countries most of them complied no better with his Holiness Let the Actions of Five-Churches and others be viewed These two comprehensive instances then being given let us pass from hence a little further to the more particular affairs of Princes Let the Common-wealth of Venice in the matter of the Inquisition be considered of It hath lay'd several Laws and Restrictions upon that Office and the Jurisdictions belonging to it within their Territories to this purpose and notwithstanding the Pope's thundering against them as is to be seen in the Reasons of their so doing set forth by the Impartial hand of Father Paul in his History of the Inquisition See the Historie of the Inquisition Passim but now and sometimes heretofore mention'd The Kings of France the Emperours and others have oftentimes in like manner maintained this their power against the Pope 'T is that the Sorbon so often now adayes threaten him with determining on the part of their King And the further instances of these things are to be seen in the Collections of Records made concerning them by the Royal hand of the late wise King James of England The very Inquisition of Spain holds the like course It hath its own Lawes and proper Customes by which it is Govern'd See King James his Defence of the Right of Kings Passim See the Historie of the Inquisition cap. 28. and cap. 6. Ibid. In the Preface Neither is it altered or receiveth new Orders from Rome and there is an account given of all things treated of within the State to the King and advice sent no whither else and the King alwayes nameth an Inquisitor General throughout all his Kingdomes to have inspection over that office to the Pope and his Holiness doth confirm him and he being confirm'd nameth the particular inquisitors in every place which nevertheless cannot enter into their Charge without the Kings Approbation Thus then both the most Christian and the most Catholick King and be they who they will and let the Pope call them by what names he will and be they in never so strict a League and Amity with and professed subjection to the Church of Rome yet still I say thus all of them deal in respect to this indirect power in Spirituals As hath been already said The shadow of it may be conniv'd at in another but the reality and substance of it hath been of necessity alwayes retained in the Princes themselves Lastly The Inquisitors of Italy it self do particularly send word to Rome by every Post Ibid. cap. 6. what is done within their Office And we must conclude that if it were not so neither that part of his Holiness his Person which is the Temporal Prince nor that part of it neither which is the Roman Pontifex could be able long in either of their Capacities to support it self against it's own inquisitors And it is no wonder then that other Temporal Princes whose Dominions are distinct from those of the Sea of Rome and the Lands of the Church have not admitted of the Inquisition generally but by compact in the Original and first admission of it Thus then De Episcopatu ●onstantini Magni In praefat Si Magistratui sayes Vedelius eripiatur potestas Ecclesiastica as he calls it non integer amplius Magistratus sed ex parte tantum erit That if this indirect power in Spirituals be taken away from the Supreme Magistrate he shall be no more an whole but only half a Magistrate in his Society And what Constantine told his Bishops will be found everlastingly True 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Apud Euseb lib. 4. De vitâ Const an t cap. 24. That they were constituted Overseers or Bishops by God in their more particular kind and capacity within the Church and he in
his more general way and kind also as he stood in his capacity more without the Church And this is that grand Branch of the Magistrates Supreme Power over all here to be asserted and which is one main Pillar of this Discourse XXI The Question The Question answer'd why the Ecclesiastical person as such should not have Supremacy over all or Querie that is here made then by the Roman Canonists and others viz. Why the Ecclesiastical Person for the Churches sake committed more particularly and immediatly to him should not have Supremacy over all and the contrary indirect power in Temporals as a Branch of it and so consequently belonging to him as well as the Temporal Magistrate the like Supremacy and this consequent indirect power in Spirituals which we have mentioned will be after these previous considerations laid down the more plausibly and easily answer'd by us In the interim this Supreme Jurisdiction over all in Church-men is the thing driven at by the Doctrines of two sorts of Persons in the Christian Church viz. The Chair and Conclave of Rome and aspiring Consistories and Synods of Presbytery as they are stated and desired by some And by both these if not professedly yet at least in the issue and effect of things as hath been said already But we come to give only three weighty reasons for the Civil Magistrates Supremacy And those are 1. Because the natural intent of the Civil Magistrates office imports it Which primarily is the conservation of Humane Society specifically taken and as contradistinct to Church Society and the governing men in their primary capacity of men But Humane Society is the foundation of all Church Society and without which that Church Society cannot subsist And the Ecclesiastical Person governs men only in their secondary and additional Capacity of Church-members or Christians where the Christian Religion is professed And therefore the Supremacy from the nature of things inevitably and necessarily belongs to him who governs men in their Supreme and first Capacity Contra parmen lib. 3. Non enim Respublica est in Ecclesia sed Ecclesia in Respublica sayes Optatus Milevitanus The State is not in the Church but the Church in the State And Aristotle Polet lib. 3. cap. 1. n. 5. Atqui ridiculum fuerit absurdum putare ut ii Magistratu careant qui sint Authoritate summa praediti That it would be a ridiculous thing and absurd to think that they should want a Magistracy who are endued with the Supreme Authority Ibid. lib. 3 cap. 4. n. 26. in princip And elsewhere Maximus autem ubique Magistratus aestimatur civitatis administratione quae nihil aliud est quam ipsa Respublica That the Magistrate was accounted every where to be the uppermost in the Administration of the Citie which is nothing else but the Common-weal And so all that proceed by the light of Nature For the Superiority of the Ecclesiastick neither in all Humane Affairs nor consequently in an Ecclesiastical Uniformity was never known nor heard of in the World for ought appears by any extant Monuments of Humane Affairs 'till the claim laid to it by the Popedome and that by vertue of the pretended Divine Law on it's side 2ly The Divine Natural Law of God hath constituted the Civil Magistrate as Supreme over all accordingly also And so it was upon the account of the first Fathers being Fathers that they had by that Law and the voice of God from Heaven as was said above Dominion and Rule over their Children Lib. 1. Chap. 3. §. And it was upon the account of Moses his being Civil Magistrate that he was constituted Supreme over all Israel And so it was also in the succeeding Judges and Kings of Israel And the Prophets called Kings the Nursing Fathers and Queens the Nursing Mothers of the Church Isa 49.23 And cap. 60.13.16 c. And the like accordingly in the New Testament Christ himself the eternal Head of his Church and who is above all Principalities and Powers in Heavenly places Matth 17.24 25 26 27. Matth. 22.16 17 18 19 20 21. Mark 12.14 Rom. 13.4 1 Tim. 2.1 2. Lib. 1. cap. 3. §. 12. 1 Pet. 2.13 paid Tribute to Caesar and taught his Disciples that Lesson And St. Paul layes down the Universal good of mankind as the end of the Civil Magistrate his executing of his Office and exhorts that Prayers and Supplications be made first of all for Kings that under them we may live a quiet and peaceable life in all Godliness and Honesty And St. Peter as was said above calls Kings the Supreme amongst men And in all these and the like instances and places of both Testaments there is a concession of the Supremacy in Humane Societies either express or supposedly made to the Civil Magistrate 3. The third and last Argument for it is from the consequences of the contrary in respect to the Civil Magistrates Office For let but the Ecclesiastical Person be once constituted as Supreme and then presently he will and must of necessity claim an indirect Power in Temporals sufficient for the supporting of that his Supremacy 'T is the very thing which is done by the Roman Pontife● at this day Vid. De pontif Rom. lib. 5. Cap. 5.6 c. and which is maintain'd by Bellarmine and the other Champions of that Sea and then this indirect power in Temporals being conceded to him it will give him ability of invading the Office of the Civil Magistrate And then the corruptions of men being considered and the Mundane Honours and interests which belongs to the Office of the Magistrate as was mentioned above being propos'd as a Temptation to the Ecclesiastical Person lib. 2. cap. 4. §. 7 8 9. he will be alwayes converting into the Civil Magistrate and injuriously usurping the Temporal Splendors of his office Nay he must of necessity possess them for the support of his Ecclesiastical Supremacy and so in the end the very Office it self of the Civil Magistrate will be quite extinguished and swallowed up by the Supremacy of the Ecclesiasticks In his Defence of the Right of Kings An instance of these things is to be seen also in the Bishop of Rome King James objects to him that at the first he was but the poor parish Priest of his Church in Rome but that now he was grown to a Supremacy over Kings an Universal Pastorship c. And this is also farther to be observed concerning him that although he possesseth all the splendors belonging to the office of the Civil Magistrate He dispenseth the great Offices of State he is serv'd in a more magnificent manner then most Temporal Princes in the World yet scarce any such thing as the Supreme Civil Magistrates Office is own'd to be sustained by his Person but all is absurdly and against the nature of things given out as belonging to him one way or other at least principally as St. Peters Successor But
is not sufficient to hold them together in their more particular associations Thus these two Grand Principles then of the Natural and Divine Law have led men to the practise of these Unities mention'd and so have accordingly dictated and approv'd of this Ecclesiastical Uniformity And if men have oppos'd it at any time where it hath been just and lawful it hath been either from their weaknesses or corruptions as hath been mentioned it hath been either from their ignorance or Ambition or Intemperate desire of Liberty or the like when men have considered themselves in an absolute notion and not as members of a Society of a Christian or other Church Incorporate into a State XI We come next then these things being said to assigne the Practises of men also in this matter The practises of Societies also Assign'd And they will be evident from the principal Instances mentioned to be given in it And for the assignation of them we will take into consideration 1. The Ecclesiastical Synods and Councels held in the Christian Church apart by themselves 2. The several Civil Lawes and Constitutions both of it and of other Ages and Countries And the consideration of these things will evidence the consent of Nations also in this matter XII In the first place then for the Councels First from the determination of Councels held in the Christian Church Acts 15.6 c. and these we shall find to have been very frequent in the injunction of these matters of an Ecclesiastical Uniformity We will begin with the first Councel held by the Apostles themselves and mentioned in the Scripture and in it they upon a Contest arising prescrib'd a Body of Doctrines proportionable to the present occasions for Profession of assent and consequent practise to be yeilded to Vers 20.29 viz. That the converted Gentile should abstaine from Pollutions of Idols and from Blood Vid. Canon 38. Apud Carranzam in summâ Concil Vid. Can. 15. apud Carranzam in summâ Concil Vid. Can. 20. De flectendo Genua vid. Socrat. Hyst Ecclesiast lib. 1. cap. 5. ibid. vid. Vid. Can. 2 3 5 20 c. Apud Justell Codin Canon Vid. Concil Laod. Can. 18. Afric Can. 103. Concil Carthag 3. Can. 23. Concil Milev 2. Can. 12. vid. Concil Tolet. 4. Can. 2. Vid. Concil Tolet 6. Can. 3. Concil Constantinop 6. Can. 62. Vid. etiam Concil Nicaen 2. Actionem 7. sub fine Et ejusdem Synod Can. 9. Et Lateran Concil Can. 3. c. apud Carranz De Pace inter Evangel procurand c. 1637 in princi See the Confession of Faith c. And the Act of the General Assembly c. prefac'd to it And the Directory and the Advice of c. concerning Church Government c. annex'd to it and from things strangled and from Fornication Let us pass on from hence to the Canons called the Apostles The thirty eighth Canon appoints Councels to be Celebrated in those first times of the Christian Church twice every yeare ut Dogmata Pietatis explorent emergentes Ecclesiasticas contentiones amoveant That they might search into the Doctrines of Piety and more emergent Ecclesiastical Contentions We will go unto the first Nicene Councel when the Christian Church began to be National under Famous Constantine And there we have Seditions and Tumults and perturbations in the Church forbidden by a Disciplinary Canon There we have also one Uniforme Posture of Body commanded in Prayer to be observed by all the Churches There we have also the so well known Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proposed and enjoyn'd for all to profess assent to and the Famous Nicene Creed or Confession of Faith to be subscrib'd to We will go on further to the Councel of Antioch The first Canon of it is for the Uniforme Observation of Easter And several of the following Canons were shap'd for the cutting off occasions of Contentions in that Church Let us go on to other the like Councels We shall find in several Forms of Liturgies appointed to be approv'd of by those Councels and to be propos'd and enjoyn'd to the Churches Let us go on to others We shall find one forme of singing of Praying of using other Customes and Ceremonies and that throughout all the Churches of one and the same Nation and that also because the Congregations and Churches contained in the Nation were all of the same National Religion We shall find also those of divers Professions ordained to be prohibited and the Feasts and Rites of the Gentiles not to be tolerated and many other the like Canons in many particulars tending all to the uniting men to one Profession and to the cutting off occasions of contests in matters of Religion as might be more particularly mention'd And thus then the Christian Church as it grew in Age and Settlement in divers places grew on also to further degrees of Uniformity Finally as it hath been of Old so of late All Pacificators would have some kind of Uniformity or other The Scotch Ministers themselves in their Advice mention'd to Arch Bishop Spotswood for the procuring Peace in the Church would have an Uniformity And in England the very Covenant Synod at Westminster and they also as by their Covenant they say they were bound and in Conjunction with the General Assembly of Scotch Divines at Edenburgh were for an Uniformity And they intended their Printed Confession of Faith and their Directory for Publick Worship and their Advice concerning Church Government to the then Lords and Commons sitting in the Houses of Parliament for the effecting that very thing Thus then hath this Uniformity been the common vote of the Divinity Chaire throughout all Ages in the Christian Church And he that will see further Vid. lib. 1. Const 6. and lib. 2. cap. 54.56 and lib. 2. cap. 1 2. and lib. 7. cap. 34 35 c. Secondly from the Civil and Ecclesiastical Lawes of Countries may look into the Apostolical Constitutions of Clemens Romanus and many other Ecclesiastical Records and Monuments that bear witness in this matter XIII Let us come also to the Civil Lawes and Constitutions of Countries in the same matter And we will begin first with those of Israel in their unparalell'd Theocracy And God himself appointed in it his several forms both of Doctrine and Worship as hath been mention'd Nay Miracles themselves were not to be believ'd against them and the establishment of them Hic supra modo §. 10. Lib. 1. cap. 2. §. 14. vid. as was above mentioned upon another occasion And they had also their ordinary Ecclesiastical Conventions and Synods for the determination of emergent Controversies concerning these things and the chief Magistrate making use of them to that End and many more particulars might be mention'd After Israel follow the Civil and Ecclesiastical Lawes and Constitutions of all Nations in like manner and so far forth as there are Records left concerning them In the Assyrian and Persian
amongst the other Lawes of Israel was never intended by Gods Prescription of it to oblige the Gentiles And the New Testament the proper Prescript of the Christian Religion revers'd it amongst the Jewes themselves also But the Chair of Rome in it's introduction of such a number of Ceremonies into Divine service pretends the imitation of Moses and that upon the same account of Divine Authority also although in another kind but intends really the Reformation of St. Paul and of the Christian Prescript of Religion which perhaps it thinks consists of too many and too expressly of Doctrinals but not enough nor enough expresly of Ceremonials The fourth and last sort of faultiness VIII The fourth and last sort of faultiness then in this Ecclesiastical Uniformity is when it takes away the means of knowledg and the means of Grace from amongst the People and such as ought ordinarily to be conceded to them and are their Natural and Divine Rights and that in relation to those several ends which have been above mentioned Supra lib. 2. cap. 3. §. 6 7 8 c. Vid. Alcoranum Azoara 13. c. De Origine Imp. Turc De Turc morib Epit. cap. De Sacerdotibus eorum De Abassinor reb lib. 1. cap. 22. Such is the practise of the Mahometan in his way of Religion prohibiting the Alcoran to be read by the Common People and suppressing Universities and the ordinary use of Books and the like Apud illos sane nullos vidi Typographos sed Chartam optime parant sayes Georgieviz That amongst them he saw no Printers but they make excellent Paper and the like Such also is the practise of divers Churches of Christians Of the Abassines Sacra omnia partim Chaldaeo partim Aethiopico continentur Idiomite sayes Godignus That all their Holy Rites are contained partly in the Chaldee partly in the Ethiopick Dialect And Praeter libros divinos easque quibus continentur Sacra alii non sunt nisi quos habent regiis opibus praefecti ut accepti expensi rationes constent Ibid. cap. 12. in fine sayes he elsewhere That besides the Books of God and those in which their Sacred Rites are contained there are none other unless it be those which the Emperours Treasurers have for the keeping of their Accounts In Literis Wenceslai Budonizii c. D. Davidi Chytraeo in princip And so of the Greek Church Omnia enim Sacra eorum lingua Antiqua neque à Sacerdotibus neque à populo intellecta peraguntur sayes Chytraeus That all their Divine Services are perform'd in the Ancient Tongue which is not understood neither by the Priests nor People And so also amongst the Russians Hist of Russia vid. cap. 21 circa med alibi Neither their Priests nor Bishops making any further use of any kind of Learning no not of the Scriptures themselves save to Read and to Sing them and their Divine Service and the like sayes Fletcher in his History And last of all such also is the Practice of Rome and of the Churches diversly in her Communion She commandeth her Liturgies to be celebrated in Latine and the like unknown tongues Etsi missa magnam contineat Populi fidelis eruditionem non tamen expedire visum est Patribus ut vulgari lingua passim celebraretur say the Tridentine Fathers Concil Triden Sessione 6. cap. 8. Although the Mass contain in it much instruction of the faithful people yet however that it did not seem to be expedient to the Fathers that it should be celebrated up and down in the Churches in the vulgar tongue And so also she not permitting the Bible to be read ordinarily by the People nor by any Laicks unless they be Licenc'd Laying hold also by the Inquisition in Spain and other places upon all Bookes in the vulgar tongue and upon open Discourses and Disputes about Religion and establishing the Doctrines of implicit Faith general devotion blind obedience and the like CHAP. XI From whence the Just Measures of an Ecclesiastical Vniformity are to be taken And of the more particular Rights and Liberties relating to them I. THe Rules of distributive Justice assign'd from whence the Just Measures of an Ecclesiastical Uniformity are to be taken II. The Persons who have the right of framing it accordingly III. When they have used their best Judgement for the doing of it they have done their duties IV. Certain more particular Rights belonging to them in this matter V. In the interim obedience is due to them from private Persons VI. And last of all certain Liberties belonging to those private persons also in relation to their performance of that Obedience The Rules of Distributive Justice assign'd from whence the just measures of an Ecclesiastical Uniformity are to be taken I. HAving said these things then I come here last of all to assert the Just Measures of an Ecclesiastical Uniformity and from whence they are to be taken And that is from it's affording to all their Rights viz. those which have been heretofore mentioned either more generally or more particularly To God his Right in it's crossing none of his commands but assisting to the performance of them To the Supreme Magistrate his Right in it 's being proportioned to his occasions and the discharge of his Trust To the Church Governours also in their way their Rights by it's affording to them the like meanes of the discharge of their Functions in their several places and capacities To the private Christian his Right by it's preserving to him the enjoyment of his Christian Liberty and the use of his liberty of Conscience and Judgement of discerning To the Subject also his Rights by it's enjoyning nothing upon him but by lawful Legislative Authority And last of all to all these their Rights both mixtly and in their several respects by it's cutting off occasions of Contentions and of corrupt wicked mens abusing and invading these Things and Persons severally to the disorder and destruction of Humane Societies and the welfare of them And this is the Golden mean in such an Ecclesiastical Uniformity And these are the more general Rules of distributive Justice which are to be observ'd by all Princes and Governours in their due framing of it II. The Supreme Governours in any Society have the only Supreme Power and Right of the thus framing this Uniformity The Persons who have the Right of framing it accordingly and that more generally and mediately by vertue of their Supreme Power over all and in relation to their Publick Charge supremely committed to them and more particularly and immediately as it is a part of their Indirect Power in Spirituals III. And when they have used their best judgment When they have used their best Judgement for their doing of it they have done their duties and taken their best care about their thus framing of it they have done their Duties and discharged their trust in it both to God Conscience and
temporal emoluments out of the hands of others 3. Passionate expressions and sharp reflections on others should be laid aside also The Apostles themselves were fain to observe such rules as these for the preservation even of their first Christian Churches Phil. 3.15 If in any thing says St. Paul ye are otherwise minded God shall reveal even this unto you And reflections and passions when once grown popular and common are like the risings of the waves at Sea before a tempest and do argue commotions and storms to be approaching in Societies X. In the third and last place Thirdly as to persons divulging of them also the quality of the persons divulging Opinions is also to be heeded And so 1. Young men are supposed to be advised to a greater silence And men of mean and weak parts And for these principally is the use of Homilies appointed ordinarily in Churches 3. It is but reason that persons suspected or observ'd to be seditious disloyal and the like should be more narrowly watch'd over and more nearly restrained if there be occasion And then XI Fourthly and lastly all these sorts of persons and things Fourthly and lastly as to the time of divulging them and the like to them are then most of all to be heeded when the present temper of the people is seditious and any ways inflamed either by some encreasing or decreasing Sect or Sects in Churches Only in some cases the heats of them are rather to be permitted to coole by degrees then that at once there should be endeavours used to extinguish them XII In the last place then the Magistrate Last of all the Magistrate hath the Supream Right and Power in all these things who hath the Supream and ultimate power of laying a restraint upon the divulging of mens opinions in the general hath also the same power of doing the same thing as to all these particular ways and cases relating to the divulging of them which have been mentioned Especially as to the more ordinary solemn ways of divulging of opinions 1. By preaching Lib. 3. Cap. 1. §. 17. and 2. By Printing 1. By Preaching as was mentioned above So it is both amongst Turks and Christians and all kinds of professions See p. 4. c. And the Laws of Geneva prohibit the setting forth of strange Doctrine in the Church and the like as was mention'd And in Holland at this day he that medleth with State matters in the Pulpit after two admonitions hath two Stivers and a pair of Shooes sent him if he do it the third time and is forthwith banish'd the Country De Origine Imper Turk Cap. De Sacerdotibus eor 2. By Printing And the use of the Magistrates Right of laying his restraint upon this too is in like manner common to all Countries and Professions and to some in the extream so says Georgieviz a-amongst the Turks Apud illos sane nullos vidi Typographos c. Amongst them truly I saw no Printers De Gradibus Episcopor in Graecia c. And Chytraeus of the Constantinopolitan Greeks Typographiam nunquam habuisse creduntur That they are believed never to have had Printing amongst them And of the Jews there Ibid. Habent enim Judaei Prelum sed ut plurimum cessans That the Jewes have a Press indeed but for the most part not going And De Ruffor Rel. c. Davidi Chytraev Paulus Oderbornius of the Tartars Si Alcoranum vel alium quemvis librum Typis Editum hic videre licuisset eum certe vel magno pretio comparatum ad te misissem If I had here seen the Alcoran or other Book set forth in Print although I had given a great price for it truly I had sent to you And if we look nearer amongst the European Christians Capit. Lib. 1. Lege 78. Pseudographae dubiae Narrationes c. ne credantur nec legantur Let not libellous and offensive Papers either be believed Hist of Russia Chap. 21. or read say the Lawes of Charlemain And of the Russians Fletcher Some years past in the other Emperours time there came a a Press and Letters out of Polonia to the City of Mosko where a Printing house was set up with great liking and allowance of the Emperour himself But not long after the house was set on fire in the night time c. And in the Roman Church it is part of the Office of the Inquisition to regulate Books and Printing And in the Acts of the late Synod of Dort the regulating of Printing was one of the first things which the Synod took into consideration Putamus rem esse omnino necessariam saluberimam ut Licentia Typographorum reprimatur c. We think it to be a thing altogether necessary and most wholsome that the License of Printers be restrained say the English Divines Vid. Acta Synod Sessione 22. Chap. Of the Ministers Hist Inquisit Chap. 29. and so the others And the Discipline of the Dutch Churches If a Minister have the gift of writing any thing for publick Edification he shall not put it in Print without the examen and approbation of the Classis And last of all the matter of Books saith Father Paul in the case of Venice seems to be a small thing because it treats of words But through these words come opinions saith he into the world which cause partialities seditions and finally wars They are words it is true but such as in consequence draw after them Hosts of armed men CHAP. XV. Of the Supervisors in an Ecclesiastical Uniformity I. THe Reasons for the Supervisorship in an Ecclesiastical Uniformity II. The several sorts of the Supervisors distinguish'd III. The Supreme Supervisor assign'd And the Reasons for his being so IV. From whence he derives his Right V. The Deputative Supervisors further distinguish'd VI. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or office of a Bishop in the Christian Church VII The matters to be Supervis'd by these Supervisors VIII The care to be taken in the Supervising of them IX The Ecclesiastical Tribunals for the exercise of that care X. And the stated Circuits for Visitation XI The last Appeals ought alwayes to be made to the Cheif Magistrate I. THe matters of an Ecclesiastical Uniformity then being of so great weight as hath been all along hitherto declared The Reasons for the Supervisorship in an Ecclesiastical Uniformity and the corruptions and weaknesses of men being so apt to intermingle with them and to busie themselves about them it is but reason that a superiorship should be Constituted in relation to them and which is necessary to the Application of the more particular powers and to any due care to be taken about them Non tantum decenter leges ferre summo bono est sed etiam sancita accurate custodire ad effectum deducere C. In Constitutionibus Imperator Tiber. De Provinc Praesid Constitut 3. The several sorts of the Supervisors
kind of the perpetual Church-officers and also by their appointing the Magistrates to chuse two of the Council to joyne with the two of the Congregation chosen by the Ministers in the ordinary Act of Visitation or supervising of affairs But those who thus mix the Civil and Ecclesiastical Powers do practise against the Generality of Presidents of all former Churches and Ages and do so far forth as they thus mix their affairs do that which tends to the confounding of the distinct Societies of Church and State in the World The Ordinary Church-Office of a Bishop or Ecclesiastical Superintendent or Supervisor of affairs with the reference of things sometimes to a Synod hath been ever under Divers Modes and Polities and generally in all kinds of Churches whatsoever made use of and asserted and even in the Mahometan Church at this day they have their Cadii or Ordinary Bishops Vid. Leunclav Pandect Hist Turc cap. Gradus Legis c. Et in Supplement Annal. C. 1576. their Hoggiae or Prebyters and their Talis-mani or Deacons and the like have been also in other Ages and Churches not but that the welfare of the people which is the things certainly meant in the constitution of Lay-Elders and of the Common Society ought alwayes to be provided for and taken a care of in this matter of Church-Government as well as others but that is accordingly secur'd in this particular by the Liberty of Appeals to the Prince who is the supream Supervisor ore all and the powers attributed to the Lay-Elders are in the mean time misplaced in them And if the Consistency of the Ecclesiastical estate with the Civil be alleadged it is also supposed to be provided for by the supervision of the Chief Magistrate The matters to be supervis'd by these Supervisors VII The matters then to be supervis'd in every Ecclesiastical Uniformity are either Ordinary or Extraordinary The Ordinary do use to be comprehended within the Disciplinary constitutions or Canons of any National Church the extraordinary are according to the emergent and temporary Occasions of it and there are some of each of these which are of more moment and some of less in respect to the welfare of the Supreme Publick Charge The care to be taken in the supervising of them VIII And as to that great care also which ought alwayes to be taken about the Supervising of these matters the State both of Persons and Things ought to be taken cognizance of by the Supervisors in their several places Their Eye ought alwayes to be wakeful like that of the Dragon watching over the golden Apples of the Hesperides And last of all the first breakin gs out of any Fire of Contentions or of any other misdemeanours in the Church whatsoever ought to be timely stopped as the breakings out of Fire in the City were to be stopped by the Praefectus Vigilum amongst the Romans 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It behoves not a consultor of the Publick Good to sleep all night And Sciendum est autem Praefectum Vigilum per totam noctem vigilare debere D. De offi●io Praefecti vigilum L. 3. ¶ Sciendum est oberrare calceatum cum Hamis Dolabris c. sayes Paulus in the Civil Law That it behov'd the Praefectus Vigilum to watch all night and to walk on foot every where about the City with Hooks and Axes c. And Philosophus igitur iracundus volax robustus natura erit qui civitatis Custos optimus est futurus said Plato That he who is a seeker after knowledg and angry upon occasion and active stout by Nature De Rep. Dial. 2. prope fin is likely to be the best keeper of a City IX In order to these ends then and for the due application of their several powers accordingly the Supreme Ecclesiastical Supervisors ought to have the dispensing of Church Censures The Ecclesiastical Tribunals for the exercise of that Care and their Ordinary Tribunals and Consistories or Courts Ecclesiastical at which Causes may be heard and matters according to Truth and Piety may be determined The Sacrum Consistorium is many times mention'd in the Code and Novels of Justinian Vid. C. De Jure jurando propter Calumniam dando Principales personae ¶ Sed si Et alibi And the stated Circuits for Visitation And there are all the same reasons in nature for it in this matter which there are for all other Courts of Judicature in others X. The Ordinary Ecclesiastical Supervisors ought also to have their stated Circuits or Journeyes or Visitation And those whether Deputative or Personal whether more or less frequent according to the several Occasions and Constitutions of Countries And he that Travels in those Circuits is called Visitator aut Circuitor and the like in the Code of Justinian and those Circuits are in like manner common also to all National Churches XI Last of all then De Episcop Cler. L. Omnem adhibentes ¶ 9. Et alibi The last Appeals ought alwayes to be made to the chief Magistrate and in relation to all these matters which have been mentioned The cheif Magistrate in every National Church ought alwayes to retain the Right of receiving the last Appeals concerning them And in this there will be this Right nenessary for his Government done to him and Sanctuary also provided for his people And the Court of Rome then in this matter unjustly demands Appeals to be made out of the Dominions of Princes CHAP. XVI Of the Supreme Interpreter in an Ecclesiastical Uniformity I OF how great moment the Office of Supreme Interpretor is II. The Authentick Interpretors in any National Church distinguish'd And the Supreme Assigned III. The Right of the Supreme in respect to his Interpretorship asserted IV. The Opposers of it Taxed V. The Principal Assistances in respect to the Actual exercise of it assigned also VI. The Conclusion of the Whole Of how great moment the Office of Supreme Interpreter is I. HAving discoursed over all these preceeding matters relating one way or other to an Vniformity in Churches and the Constituting and rightly ordering of it I come here last of all to State the Office of Supreme Interpreter and to whom it doth belong Which Office and the discharge of it of how great moment it is in respect of all Humane Societies and the members of them it may be more then conjectured from hence viz. from such the Supreme Interpreter his becoming the Judge of Controversies and having it in his hands at any time to fix what Doctrines of Religion he pleaseth in any National Church which he that shall have the Faculty and Power of doing what influence may he not have both upon all Divine and Humane affairs and whether they relate either to Religion or Government or the consistency of each with either The Authentick Interpreters in any National Church Distinguish'd and the Supreme Assign'd II. The Authentick and Publick lawful
being invaded 119 Charity distinguished 94. The benefits of it to Societies 94 95 96 c. And to the publick charge of the Magistrate Ib. To Religion 95 To Government 96. and to the consistency of Religion with Government 97. and how much it is commanded in Scripture 97 98. Charity and Peace in matters of Religion the means for the procuring the benefits of them in Societies assigned 160 Chief Priest amongst the Jews his sitting in the great Synedrion 128 129 Mr. Chillingworth his saying concerning the uncertainty of many matters in Religion 151 Mr. Chillingworth taxed 285 His saying concerning the appointment of an Infallible Judge of controversies 307 Christian Religion its positive and eminent consistency with Government 70 It is never subversive of the present lawful Government 70 71 Christian Church the Records of it defective 197. The Christian Church and civil state are in themselves distinct Societies 122 And God hath appointed them to be in a capacity of subsisting apart in the World 123 The Christian Church the distinct Ecclesiastical Orders in it 125 Church-men may intermix in the administration of Civil Affairs 126 127 128 c. Church-Government The Magistrates Right of establishing it in every National Church 240 c. The case concerning it in England 240 241 Circuits for visitation in an Ecclesiastical Vniformity 301 Civillians Their complaints concerning the extinction of the Old Roman Doctors In Proleg post med Common Good The great end of all Laws and Government amongst men 58 59 Common People the one sort of persons ordinarily guilty of the faults committed against the publick charge of the Magistrate 111 Their particular faults instanc'd in Ib. In respect to Religion 111 112. And Government 114 and the consistency of Religion with Government 116 The frequency of their commission of those faults Ibid. Common-Weals the two famous ones of Greece In Proleg post med Communions in matters of Religion how far forth a mixture of them may consist with the welfare of Societies 164 Communication of Church Censures for money how far forth lawful 269 Composition of a Canon and Liturgy the rules to be observ'd in it 231 232 233 234 335 c. Consent given to Government the distinctions of it 36 37 Consistency of Religion and Government with each other intended by God and Nature 2. The consistency of Religion with Government defined 6 And distinguished 6 7 And the distinctions of it explicated and applyed 68 and that consistency proved 68 69 c. Constantinople its sacking and conflagration by the Saracens 31 Constantine his saying concerning the subordination of his Bishops to him 145 The appearance of Christ to him from Heaven 310 Contests about Religion distinguish'd 89 Contestation of Opinions in matters of Religion the means for the preventing the mischiefs of it in Societies assign'd 160 The effects of it 150 154 c. And that in respect to the particulars of the Magistrates charge 156 c. Conventicles or more private convenings for the exercise of Religion how far forth to be permitted by Princes stated 219 220 221 222 c. The present case concerning them in England 220 221. Council of Trent the preservation of the several powers of Princes in it 144 Councels the Celebration of them twice every year heretofore in the Christian Church and why 127 Creed of the Apostles was framed for a profession of assent to be made to it 197 Cromwel his pretences of Religion in England 115 D Delusions of the Heathens how permitted and inflicted by God 21 Dionysius Halicarnasseus his Story concerning Numa his suppressing of controversies and opinions in matters of Religion 177 Directory whether it be not sufficient for the preservation of the publick peace in any National Church 203 Discipline an Vniformity in it convenient in Churches 168 169 Divinity three sorts of it amongst the Heathen 14 Divulging of Opinions how far forth a duty in private persons 274 275 276 vid. venting of Opinion The more particular restraints and liberties and the rights of the Magistrate relating to it 292 c. The wayes of mens divulging their opinions distinguied 294 The Doctors upon both Laws In Prolegom prope fin Doctrines of Religion a distinction of them 91 Certaine doctrines in the Christian Religion made use of by the Demagogues Heresiarchs and Ring-leaders of sedition in Societies for their serving their several ends 118 Doctrines in religion distinguished 164 The several sorts of the Doctrines of Canons and Liturgies assigned 249 250 c. The Doctrines of any National Church distinguished Ibid. Druids amongst the Gaules the reason of their dispersing their doctrine of the immortality of the soul amongst the people 85 Their being distinct in their Orders of Ecclesiasticks 104 Their being both Priests and Judges heretofore amongst the Gauls and Brittains 130 E Earle of Portugal the Story concerning one lately in relation to an Inquisitor 272 Ecclesiastical person the Querie why he should not have the Supremacy resolved 145 Elector of Saxony his Acts of bearing the Sword before the Emperour c. in the Diet of Ausburg condemned 280 Empire the wayes by which men have arriv'd at it 34 The Ends of a Canon of doctrines and Liturgy in any National Church distinguished 211 The general Ends of them assign'd Ibid. An Objection against them answered Ibid. The more particular Ends of them 214 215 216 217 c. EnglishVniformity the History of it 199 200 English Canon of Doctrines the History of it 201 202 English Liturgy the History of it 202 Enthusiasme condemned 290 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Office of a Bishop in the Christian Church 299 300 Erastus concerning the authoritative Execution of Church censures by Laicks answered 134 Estates of men the first and Capital distinction of them 36 Euripides and Lycurgus compared 12 Euripides his saying concerning Jupiter In Prolegom in princip Eusebius and the other Histories of the Christian Church the notable instances of Regiment of Churches in them In Prolegom in fin Excommunication a caution concerning the inflicting of it 267 The complaint concerning its being inflicted for light matters in the Vniformities of Churches answered and for its being inflicted at first dash also 269 270 The Extreams in respect to an Ecclesiastical Vniformity distinguished 177 Those of too much loosness assign'd 177 178 And that also of too much strictness 178 F The Fathers of the Christian Church their derivation of the Magistrates Power from God 54 55 Faultinesses those in an Ecclesiastical Vniformity assigned 178 179 180 c. Fire of Sodom its natural causes 30 Five-Churches his actions in the Council of Trent 144 Flood of Noah the fame and dispersed report of it 30 Freedome the principle of natural Freedom refuted 39 40 41 42 c. Fragments those of the twelve Tables amongst the Romans now remaining In Prolegom post med G Georgians Their Liturgy 198 Georgievez His Turkish slavery sustained by him Gifts The use of spiritual gifts is under the
splendors of the Civil Magistrate 147. above all orders in the Church c. according to the Canonists 38 his stiles and ambition 64 65 Pope Paul the 5th his usual saying concerning Magistrates 65 Popular state when first erected 35 Powers Those belonging to the Civil and Ecclesiastical Government distinguished 122 the persons concern'd in them assign'd Ibid. Praefectus Vigilum his Office amongst the Romans 300 301 Prayer a form of it was approved of by Christ 197 Preaching why so great a latitude of it generally is left open in national Vniformities 207 208 and the case stated concerning it Ib. the Magistrates power of laying a restraint upon it 296 Prelacy from God 38 Prescript of the Christian Religion it hath been most vexed with contests 194 whether a traditional and more Ceremonial Prescript of Religion or else a written and more doctrinal one be least subject to popular contests 203 Printing none amongst the Turks 180 the Magistrates power of laying a restraint upon it 296 and the ill consequence of licentiousness in it Ibid. Prophaneness to be expelled out of humane Societies 88 the greater and lesser degrees of it Ibid. Profession national how far forth the Magistrate may compel men to unite in it stated 228 229. External Profession the onely thing in relation to which all external Vnity as to matters of Religion is to be held amongst men 162 It is the only great stated medium for the holding a charitative communion as to those matters then Ibid. The Magistrates Right as to the injoyning an unity of it in Societies 165 166 Profession in an Ecclesiastical Vniformity distinguished 274 mixture of it why tollerated where otherwise of divulging of opinions are not 293 294 Prophesie one of the primary divine Testimonials to Religion 18 its pretended testimony to the Heathens Religion 20 21 and to Mahomets prescript 22 and how it testified to the truth of the Christian Religion in a more peculiar manner 23 Prophets those of the Old Testament 18 Proselites the proverbial saying concerning them in Israel 170 Protestant Churches their Liturgies 198 Publick Worship the Vnity of the use of it the great secondary medium for the holding a charitative communion amongst men as to matters of Religion 163 The Magistrates Right of injoyning an Vnity of it in Societies 165 166 Punishments their peculiar necessity to the regiment of humane Societies 261 the doctrine of them in respect to an Ecclesiastical Vniformity laid down the several sorts of them distinguished 267 Q Quintus Sectorius his trick for his encouragement of his Souldiers 115 R Rabbinical Age when it began In proleg circa med Records of humane affairs the causes of the defects of them 29 30 31 Reformed Churches their derivation of the Magistrates power from God 55 56 c. Religion its consistency with Government intended by God and Nature 2 Religion defin'd Ibid. and distinguish'd 3 4 It s divine appointment evidenc'd 9 It s Divine Original 9 10 c. And the grounds in nature and consent of Nations about it 10 11 12 c. Two only sorts of Precepts of which it can consist 16 how the true prescript of it is to be known 16 17. It s Divine Original the sense of all Nations present in the world 27 its propagation by Arms warranted by Mahomets Law 50 the distinctions of it applyed to its consistency with Government 67 such its consistency proved 68 69 c. Its healthfulness to Government and Civil Society 85 86 87 c. the damnifying it a publick crime 87 its being used as a politick instrument by the heathen Romans 88 the false application of the immortal notion of it the cause of Religious contests 89 that it is the bond of all humane Society In Proleg in princip about what matters of it is both all peace and contention 160 161 Revolting from profession in an Ecclesiastical Vniformity the mischiefs of it to Churches 275 286. Rewards the peculiar necessity of them to the regiment of humane Societies 261 the doctrine concerning them in respect to an Ecclesiastical Vniformity Ibid. the distinction of them Ibid. the original intents of them 262 and their opposites Ibid. the Rules to be held concerning the dispensing them 263 264 c. the mischiefs of the neglect of observance of them 264 265 Right that of God to his obliging man by Precepts of of religion two-fold 9 10 whose right the preservation of the welfare of religion and Government and the consistency of Religion with Government is 73 74 75 c. Right the publick cement of all humane affairs In Proleg in princip Rights those relating directly to an Ecclesiastical Vniformity the Tripartite division of them 99 and those Rights distinguished Ibid. the primitive Rights of the people 100 the Rights of an Ecclesiastical Vniformity dispersed up and down in the Greek and Roman writers In Proleg circa princ the Rights of Government the distinction and proper extent of them from whence they flow 123 c. the Rights of the Church Governours and Ministers in every Christian Church 132 133 Right Reason the great commendation of it as the ultimate and universal interpretor of all Laws 257 258 Rising in Armes against Princes and particularly in defence of Religion and the matters of an Ecclesiastical Vniformity not justifiable 47 48 49 50 51 its opposition to the common good of Societies 59 60 61 c. The Scotch and English Presbytery their following the principles of the Church-men of Rome in it 65 it 's not being the Right of Ecclesiasticks for the support of their Church Society 133 Romans their Orders of Ecclesiasticks 124 Roman Civil Law the body of it the largest and most compleat body of such Laws now extant In Proleg ad fin the reception of it in the dominions of Princes Ibid. Roman State its most ancient Laws fetcht from Greece In Prolegom circa princip Roman Church its Liturgies 198 Its emission of the doctrine of Rising in Armes against Princes into Christendome 64 Romulus his Law concerning the Senates taking care of Religion 141 Russians their Priests and Bishops of no learning 180 Russe Church its Liturgy 198 S Sanhedrim what things chiefly it took cognizance of in Israel 141 Scipio Africanus his custome of deceiving the multitude 115 Scripture whether it as the Original Divine Canon of Doctrines be not sufficient for the attaining the ends of an Ecclesiastical Vniformity 203 Sedition the Ring-leaders of it the persons ordinarily guilty of the faults of malice against the Magistrates publick charge in an Ecclesiastical Vniformity 117 Senate of Rome their trick for their with-holding the people from Sedition 115 their refusing to enroll Christ amongst their Gods 141 Society the term explicated and applyed 5 by what several ways men came first into Societies 31 Sophi of Persia his dismissing his horse c. kept for Mahomet against his second Coming 24 Sorbon their threatning against the Pope 144 A Subject defin'd 100 Submission to the Ecclesiastical Laws