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A27494 Clavi trabales, or, Nailes fastned by some great masters of assemblyes confirming the Kings supremacy, the subjects duty, church government by bishops ... : unto which is added a sermon of regal power, and the novelty of the doctrine of resistance : also a preface by the right Reverend Father in God, the Lord Bishop of Lincolne / published by Nicholas Bernard ... Bernard, Nicholas, d. 1661. 1661 (1661) Wing B2007; ESTC R4475 99,985 198

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Court as we easily may doe both without some better direction then can be had by the rules of this new-found Disciplines But of this most ceertain we are that our Lawes doe neither suffer a Spirituall Court to entertain those causes which by Law are Civil nor yet if the matter beindeed spirituall a meer Civil Court to give judgement of it Touching supreme power therefore to command all men and in all manner of causes of judgement to be highest Let thus much suffice as well for declaration of our own meaning as for defence of the truth therein This is added by the Lord Primat Usher The Kings exemption from Censure and other Judiciall Power THe last thing of all which concerns the Kings Supremacie is whither thereby he may be exempted from being subject to that judiciall Power which Ecclesiasticall consistories have over men It seemeth first in most mens Judgements to be requisite that on earth there should not be any alive altogether without standing in aw of some by whom they may be controled and bridled The good estate of a Commonwealth within it self is thought on nothing to depend more then upon these two speciall affections Feare and Love Feare in the highest Governour himself and Love in the Subjects that live under Him The Subjects love for the most part continueth as long as the righteousness of Kings doth last in whom vertue decaieth not as long as they feare to do that which may alienate the loving hearts of their Subjects from them Feare to do evill groweth from the harm which evill doers are to suffer If therefore private men which know the danger they are subject unto being malefactors do notwithstanding so boldly adventure upon heinous crimes Only because they know it is possible for some Transgressor sometimes to escape the danger of law In the Mighty upon earth which are not alwaies so Virtuous and Holy that their own good minds will bridle them what may we look for considering the frailty of mens nature if the world do once hold it for a Maxime that Kings ought to live in no subjection that how grievous disorder soever they fall into none may have coercive power over them Yet so it is that this we must necessarily admit as a number of rightwell Learned men are perswaded Let us therefore set down first what there is which may induce men so to think and then consider their severall inventions or ways who judge it a thing necessary even for Kings themselves to be punishable and that by men The question it self we will not determine The reasons of each opinion being opened it shall be best for the wise to judge which of them is likeliest to be true Our purpose being not to oppugne any save onely that which Reformers hold and of the rest rather to enquire then to give sentance Inducements leading men to think the highest Majestrate should not be judged of any saving God alone are specially these First as there could be in naturall bodies no motion of any thing unlesse there were some which moved all things and continueth unmoveable even so in politick Societies there must be some unpunishable or else no man shall suffer punishment For sith punishments proceed alwaies from Superiors to whom the administration of justice belongeth which administration must have necessarily a fountain that deriveth it to all others and receiveth not from any because otherwise the Course of Justice should go infinitely in a Circle every Superiour having his Superior without end which cannot be therefore a well-spring it followeth there is and a supreme head of Justice whereunto all are subject but it self in subjection to none Which kind of Preheminence if some ought to have in a Kingdome who but the King shall have it Kings therefore no man can have lawfull power and Authority to judge If private men offend there is the Majestrate over them which judgeth if Majestrates they have their Prince If Princes there is Heaven a Tribunall before which they shall appeare on earth they are not accomptable to any Here it breaks off abruptly The FORM OF Church Government Before and after Christ. As it is expressed in the OLD and NEW TESTAMENT Of the Form of Government in the Old Testament THerewere Priests before the Law Melchisedech Genes 14. 18. In Egypt 46. 20. 41. 50. Patiphera In the East Job 12. 19. Exod. 2. 16. Madian Among the Jews Exod. 19. 22 24. These were Young men of the Sons of Israel Exod. 24. 5. The Eldest Sons or First-Born Numb 3. 12. 8. 16. Under MOSES The Commonwealth of Israel was either personal containing all the whole people not a man left 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Or Representative in which the Estate Tribes Cities whose Daughters the towns adjacent are called I. The Estate had ever one Governor 1. Moses 2. Joshua 3. Judges 4. Tirshathaes or Vice-Roys Ezra 2. 63. with whom were joyned the LXX Elders called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 II. The Tribes had every one their Prince 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Phylarcha Num. 2. with whom were joyned the Chief of the Families Patriarchae Num. 1. 4. III. The Cities had each likewise their Ruler Judg. 9. 30. 1 Kings 22. 26. 2 Kings 23. 8. with whom were joyned the Elders or Ancients Ruth 4. 2. Ezra 10. 14. These last not before they came into Canaan and were setled in their Citys It appeareth that Moses sometime consulted only with the heads of the Tribes and then one Trumpet only sounded Num. 10. 4. In some other causes with the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Assembly of the LXX and then both Trumpets called Num. 10. 3. when all did meet it represented the whole body of Israel So then sometimes all the people the whole body of Israel met sometimes the whole people were represented by the chief men of the several Tribes The highest BENCH or Judgment for causes of greatest difficulty was that of the LXX who at the first were the Fathers of each Family that came down to Egypt Gen. 46. which number did after that remain Exod. 24. 1. 9. and was at last by God himself so appointed Num. 11. 16. See 2 Chron. 19. 8. The inferiour BENCHES for matters of less importance were erected by Jethroes advice Of Rulers of Thousands Hundreds Fiftiss Tithings Exod. 18. 21 26 And after established by Gods approbation Deut. 16. in every City wherein as Josephus saith were seven Judges and for each Judge two Levites which made together the Bench of each City The Forme of Ecclesiasticall Government amongst the Priests THe Priesthood was settled in the Tribe of Levy by God Levy had three Sons Cohath Gershom and 〈◊〉 Of these Line of Cohath was preferred before the rest From him descended four Families Amram Izhar Hebron and Uzziel Of these the Stock of Amram was made chief He had two Sons Aaron and Moses Aaron was by God appointed High-priest So that there came to be four
distinctions of Levites 1. Aaron as chief 2. Cohath 3. Gershon 4. Merari The Common-wealth of Israel was at the beginning in the Desert a Camp in the middest whereof the Ark and Tabernacle were pitched and according to the four Coasts whereof they quartered themselves on every side three Tribes On the East side Judah Issachar Zabulon Num. 2 verse 3 South Reuben Simeon Gad 10 West Ephraim Manasses Benjamin 18 North Dan Asher Napthali 25 These four Quarters were committed to those four Divisions of Levites The East quarter to Aaron and his Family Numb 3. verse 38. South The Cohathites 29. West The Gershonites 23. North The Merarites 35. Who lodged among them and took charge of them as of their several Wards But there was not an * equality in these four for 1. Aarons Family which bare the Ark it self was chief 2. Cohaths which bare the Tabernacle and Vessels next 3. Gershons which bare the Veile and Hangings of the Court Third 4. Meraries which bare the Pillars and Posts last Neither were all the Levites of each of these several houses equal but God ordained a superiority among them Over the Priests Eleazar Numb 3. ver 30. Cohathites Elizaphau Gershonites Eliasaph 24. Merarites Zuriel 35. Whom he termeth Nesiim that is Prelates or Superiors No nor did he permit these four to be equals among themselves but Appointe● Ithamar Exod. 38. 21. to command over Eliasaph with his Gershonites Num. 4. 28. Zuriel with his Merarites Num. 4. 33. Eleazar Nu. 4. 16 to have jurisdiction over his own Family Elizaphau with his Cohathites Note Yea he maketh not Eleazar and Ithamar to be absolute equalls but giveth Eleazar preeminence over Ithamer and therefore termeth him Nasi Nasiim Princeps Principum or Praelatus Praelatorum Num. 3. 32. And all these under Aaron the * highest So that 1. Aaron was the High Priest 2. Under him Eleazar who as he had his peculiar charge to look unto so was he * also generally to rule both Ithamars jurisdiction and his own 3. Under him Ithamar over two Families 4. Under him the three Prelates 5. Under each of them their several Chief Fathers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as they are termed Exod. 6. 25. under Elizaphau Foure under Eliasaph two under Zuriel two Num. 3. 18. c. 6. Under these the several persons of their Kindred Note This is here worth the noting that albeit it be granted that Aaron was the type of Christ and so we forbear to takeany argument from him yet Eleazar who was no Type nor ever so deemed by any Writer will serve sufficiently to shew such superiority as is pleaded for that is a personal Jurisdiction in one Man resiant over the Heads or Rulers of divers charges in one Kingdom State or National Government as here in Israel under Moses who was as Kings now are custos utriusque tabulae and took care of all matters Civil and Ecclesiastical The Form of Government under JOSHUA THe Commonwealth being changed from the Ambulatory Form into a setled Estate in the Citys of Caanau as before the Levites were divided according to the several Quarters of the Campe so now were they sorted into the several Territories of the Tribes so God commanded Num. 35. 2. 8. The Lot so fell that the four partitions of the XII Tribes were not the same as when they camped before together but after another sort for the Tribes of 1. Juda Simeon and Benjamine made the first Quarter 2. Ephraim Dan and half the Tribe of Manasses the second Quarter 3. Izachar Ashur Napthali and the other half of Manasses the third Quarter 4. Zebulun Reuben and Gad the fourth Quarter Now in these Four 1. The charge or over-sight of the first was committed to Aaron and his Family and they had therein assigned to them XIII Cities in Judah and Simeon IX and in Benjamin IV. Joshua 21. 10. c. 2. of the second the care was committed to the Family of the Cohathites and they had * therein assigned to them X. cities in Ephraim IV. in Dan. IV. and in the half of Manasses II. Joshua 21. 20. 3. The third was committed to the Family of Gershon and they had therein assigned to them XIII cities in Issachar IV. in Asher IV. in Napthali III. in the other half of Manasses II. Joshua 21. 27. 4. The oversight of the fourth partition was committed to the Merarites and they had therein assigned to them XII cities in Zebulun IV. in Reuben IV. in Gad IV. Joshua 21. 34. These were in all XLVIII cities whereof the chief as may appear were cities set on hills and all scituate in such proportion of distance as they most equally parted their Tribe among them to perform unto them their duties of attendance and instruction Further there were in Joshua's time added by decree of the Princes the Nethinims of the people of Gibeon for the lowest Ministeries and for the service of the Levites Joshua 9. 27. So that now the order was thus 1. Eleazer 2. Phineas 3. Abisa. 4. The three Nesilm 5. The Rase Aboth or heads of the Families 6. The Levites 7. The Nethinims Note If this power and superiority was necessary when all the people and Priests were within one Trench even within the view of Aarons eye much more in Canaan when they were scattered abroad in divers cities farre distant was the retaining of it more then necessary * Now the abovesaid 48. Cities of the Levites were these In Judah and Simeon IX viz. Hebron Libna Jattir Estitema Holon Debir Ain Jutta Bethshemesh In Benjamin IV. viz. Gibeon Geba Anathoth Almon. In Ephraim IV. viz. Sichem Gezer Kibraim Beth-horon In Dan IV. viz. Eltekah Tekoa Gibethorn Aialon In the half of Manasses II. viz Taanach Gathrimmon In Issachar IV. viz. Kishon Dabera Jarmath Engamin In Aser IV. viz. Mishall Abdon Helka Rehob In Nepthali III. viz. Kedish Galilaae Itamoth Dor Kiriathaim In the half of Manasses II. viz. Golau Ashtaroth In Zabulon IV. viz. Jockmea Karta Dimna Nahalal In Reuben IV. viz. Bezer Jahaza Kedimoth Nephaath In Gad. IV. viz. Ramoth Gilead Mahanaim Heshbon and Jazer The Forme of Government under DAVID Note ALbeit under Sauls Government small regard was had to the Church yet David found at his coming a Superiority among them For besides the Priests he found six Princes or Rulers 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 over six families of the Levites 1. Chron. 15. 5 6. c. Uriel over Cohath Asaiah Merart Joel Gershom Shemaiah Elizaphau Eliel Hebron Aminadab Uzziel Likewise between the two Priests an inequality the one Abiathar attending the Ark at Jerusalem the higher Function the other Zadock the Tabernacle at Gibeon 2 Sam. 20. 25. 1 Chr 16. 37. 39. But after the Arke was brought back he set a most exquisite Order among the Levites and that by Samuels direction 1. Chron. 9. 22. So that he is there reckoned as a new Founder Of them he made six Orders 1 Chron. 23. 1. Priests 〈◊〉
in regard their ignorance of thus much might still occasion it is one cause of my enlargement upon it but so much in relation to his Loyalty whereof he was an eminent Patterne His Judgment and Practice in point of Episcopacy FOr Episcopacy first in his Judgment he was a full assertor of it which appears in those Learned Tractates of the Original of Bishops and that of the Lydian Asia where he doth not only deduce Episcopacy from the Apostolique times but also the Metropolitans or Arch-Bishops to have been accordingly from the superscription of St. John to the Seven Churches each of which Citys being Metropolitical and the rest of the Citys of Asia as daughters under them for the confirmation of which he hath given such strong probabilities that 't will be hard to gainsay them Secondly for his Practice I can witness his constant exercise of the Jurisdiction of it or his causing it so to be exercised throughout his Diocess and Province while those quiet times in Ireland did permit it In all which a Learned and Prudent Divine was his Chancellor or Vicar-General and afterwards a Bishop Bishop SINe one known to have been as much for the Government and Constitutions of the Church of England as any person whatsoever As for that of his Reduction of Episcopacy to the form of Synodical Government c. presented to his late Majeof Blessed Memory Anno 1641. It is to be considered how it was occasioned by the present Tempestuous Violence of the Times as an accommodation by way of Prevention of a totall Shipwrack threatned by the Adversaries of it as appears sufficiently by the Title before it viz. Proposed in the year 1641. as an expedient for the prevention of those troubles which afterwards did arise in matter of Church Government c. Now what can this in the sense of any prudent unbiassed person prejudice him in his Judgment or Affection to Episcopacy it self which rather confirms it The Marchant parts with that in a Storme that he would not have done in a Calme and at shore recruits himself with the like goods again St. Paul in that Wracke Acts 27. consented not only to the lightning of the Ship of the lading but of the Tackling also We cast them out saith he or St. Luke with our own hands and all for the saving if it were possible of the Ship and the Passengers in it That of the same Apostle in another case I think it fit for the present necessity might in some measure in this particular be the Primates Application wherein he was not singular neither Unto which I can add this further confirmation that for those many years I had the happines to be known unto him in those serene times before these troubles arose to the disturbance of Episcopacy I never heard him mentioning any thing by way of alteration that way in those Proposals there specified so that the sole occasion and end of them must be as afore-said And for these 4. Propositions they were only present prudentiall representations left to the Judgment and correction of others without any Magisterial Imposition of them as a Copy to be writ after and as they were not published till an imperfect Copy invited unto it so the real intent of it was by that Conjunction of both parties in Ecclesiasticall Government to have the easier way prepared to their union in the civil even an unanimous endeavour for his Majesties happy Restauration now through Gods great goodness wonderfully accomplished for which as none prayed more zealously so none could have exceeded the Primates in the joy for it had he lived to see it For the form of words used by the Bishop in the ordination of the Church of England he did much approve thereof viz. Receive the Holy Ghost Whose sins thou remittest are remitted and whose sins thou retainest are retained and be thou a faithfull dispenser of the Word and Sacraments c. And the delivering of the Bible into the hands of the person ordained saying Take thou authority to preach the word of God and administer the Sacraments c. Which being wholly omitted in that of the Presbyterian way and no other words to that sense used in their room and thereupon no express transmission of ministeriall Power he was wont to say that such an Imposition of hands by some called the Seal of Ordination without a Commision annexed seemed to him to be as the putting of a seal to a blank That the scruple was not only in the instrumentall cause but in the formall and that if a Bishop had been present and done no more the same query might have been of the validity of it And in his letter to me which hath been published he hath declared the Ordination made by such Presbyters as have severed themselves from their Bishops unto whom they had sworn Canonicall obedience cannot be excused from being Schismaticall For that of a gradual superiority of a Bishop above a Presbyter which some have been offended at 1. It is the language of Archbishop Whitgift in the defence of the Answer to the Admonition Tract 8. p. 383. that Episcopus is commonly used for that Priest that is in degree over and above the rest c. But secondly howsoever if so that the gradus be granted to be of Apostolicall constitution which is the Primats sense I do not see how it any more takes off from the Preheminence and Authority of Episcopacy then the denomination of Lights given in common by Moses to all in the Firmament detracts from the Sun whom he call only the greater from whom the rest derive theirs and is the Ruler of the day Or that of the first-born among his brethren who by his Primogeniture had the supremacy of Dignity and Power to whom the rest must bow and he was to rule over them The distinction in both is but gradual The Primate hath also elsewere derived the form of Church Government under the New Testament from the Pattern prescribed by God in the Old and shews how it was from the Imitation thereof brought in by the Apostles Now though the Distinction of the Chief or High-Priest and the other inferiour Priests was but gradual yet there being so great a distance between them the Chief-Priest having rule over the rest called by the 70. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 there shall not need any further instance to illustrate it And whereas there hath been a learned tractate some years agone published entitled the form of Church government before and after Christ as it is expressed in the Old and New Testament which then went under the name of Bishop Andrews I found a Manuscript of it among the Primates Papers wherein the Author upon a review hath ordered some things to be altered added or taken away and some to be further inquired into according as the marks make reference unto several Pages of it This I found accordingly