of the same and Scotland vanquished In all our sad divisions which happened from first to last and are not wholly yet ended to this day Two things are worthy the serious consideration of wiser men than I am 1. What party for time past hath been most faithful to the English interest 2. What course is to be taken for to setle us more firmly for time to come For the first we must understand what the English interest is The interest of England is twofold Civil and Ecclesiastical for we are English men and Christians The Civil interest is salus populi Anglicani there is no doubt of that for the peace safety liberty happiness of our dear Country is the end whereat we are all bound both by the written and natural Laws of God to aim The interest Ecclesiastical is the Protestant Religion and the perservation of the substance thereof Prelacy Presbytery Independency much less Antipaedobaptism and other Sects are not essential but accidental to it This being the interest of England we cannot judge of the faithfulness either of the King 's or Parliaments party by the quality of the persons of either side For there were both good and bad on both sides who had their several grounds of adhering to this or that party and their several ends and neither their grounds nor ends good Nor can any man justifie all proceedings and actings of either side both had their errours Nor must we judge of them according to their protestation for both could not by such contrary means attain the same end as both sides protested to maintain the King the Parliament the liberty of the Subject the Laws and the Protestant Religion Neither in this particular must the Laws of the English Constitution and Administration be the rule for both acted not only above the Laws but contrary to the latter of them at least For no Laws could warrant the Parliament to act without the King or the King without the Parliament much less was it justifiable that there should be in one Kingdom two not only different but contrary commands supreme and from different heads and persons This was directly against the very nature of all Common-Wealths which have only one first mover and one indivisible supreme power to animate and act them section 19 The Rule therefore must be the Laws of God as above the Laws of Men and we must consider according to these divine Rules what was the state of the Controversie the justice and equity of the cause made evident and the just necessity of doing that which was done Neither must we look at the cause only as just in it self but also how it 's justly or unjustly maintained For men may use such means as shall never reach the just end intended but also such as may be destructive of the cause it self and raze the very foundation of it Besides all this before a perfect judgment can be made the secret counsels contrivances designs hidden actings of the chief Actors should be known yet these many times lie hid and are not known or if known yet to very few and some of these few cannot found the bottom Many things are charged upon the King as acting against the English interest as Civil as that he dissolves Parliaments without just and sufficient cause that he intermits Parliaments for sixteen years together that having signed the Petition of Right he acts contrary to it imposeth Ship-money calls a Parliament signs the Act of Continuance deserts it calls the Members from it calls another Parliament at Oxford challengeth a negative Voice to both the Houses raiseth a War against it though he was informed that this tended to the dissolution of the Government that whosoever should serve to assist him in such Wars are Traitors by the fundamental Laws of this Kingdom and have been so adjudged in two Acts of Parliament 11 Richard 2. and 1 Henry 4. And that such persons ought to suffer as Traitors These with other particulars charged upon him seem directly contrary unto the civil Interest of the Kingdom Again to Marry a Popish Lady upon Articles directly contrary to the Laws of England and the Protestant Religion established by Law to entertain Twenty eight Popish Priests with a Bishop to tolerate Mass in the Court to receive Three Agents from the Pope one after another Pisano Con Rosetti to maintain the Queen-mother to engage the generality of the People of England to retard the relieving of Ireland to admit divers of the Popish Irish Murtherers and Rebels into his Army to call our English Forces sent to relieve the poor distressed Protestants of Ireland out of that Nation and employ them against the Parliament of England to suffer some of the Heads of the Irish Rebels to be so near his Person to endeavour to bring in the Duke of Lorrain with his Forces into this Nation to contract with the Irish Rebels upon condition to enjoy their Religion to furnish him with Ten thousand Irish Rebels to strengthen his party in England with divers other acts like unto these is conceived to be not only inconsistent with but plainly destructive of the English Protestant Interest And if this be true it must needs be so Yet it might be said that the King endeavoured to maintain his own regal Power the Episcopacy and Liturgy established by Law and that he did not oppose the Parliament but a seditious party in the Parliament and other Sectaries whose principles were destructive both of all civil and also Ecclesiastical Government and without the judgment of able Lawyers and learned Divines he did not undertake the War either against Scotland or England or any other It 's true that of those who adhered to the King and liked not the Parliaments proceeding there were some consciencious persons who judged the King an absolute Monarch and did not like many things done by that party yet they thought it the Duty of Subjects to suffer and that it was no ways lawful to resist But the Casuists say That Ignorantia excusat a tanto non a toto their Ignorance might make their Crime less yet no ways free them from all Guilt It was not Invincible they might easily have known that the King of Enland was no absolute Monarch seeing he could not impose any Subsidy upon the Subject nor make or repeal a Law without the Parliament neither could he by his Letters or personal Command revoke the Judgment of any Court. And though they might be Civilians or read Foreign Writers which take our Kings for absolute Sovereigns yet no ancient Lawyers no Parliaments did declare them to be such Nay they might have known that they themselves obeying the King 's personal Commands disobeyed him as King and that serving him in the Wars they were guilty of High Treason against the Kingdom and against the King's Crown and Dignity Of these Royalists some have been high and cruel against their Brethren the Parliamenteers and have censured them
Subject as a Subject The Question is therefore Whether he that is a Soveraign may not be in some case resisted by the people and if he may in what case a resistance is lawful and free from the guilt of Rebellion Our Case in England is extraordinary and not easily known by many of our own much less by strangers not acquainted with our Government The Resistance in the late Wars was not the first that was made against the Kings of England by the people of England though it differed from all the former The difference was between the King and Parliament whereof he was a part yet severing himself from the whole body And the Parliament was no Subject considered as a Parliament for then the King himself being an essential part thereof should be a Subject As he was divided willingly or wilfully from it he could be no King no Soveraign For if the power was in the King and Parliament joyntly it could not be in him alone Besides when there is no Parliament we know he is a King by Law and the Kingdom is Regnum pactionatum non absolutum If he make himself absolute by that very act he makes himself no King of England For the common and fundamental Law knows no such King. Yet this was all either he or his party could say to justifie themselves If he say the Militia was his the Parliament will say it 's theirs as well as his and except he be absolute it must needs be so For if the supream power be in King Peers and Commons joyntly the Militia which is an essential part of this power could not be his alone The Parliament conceived that when he left them he left his power with them if that could be made good by the Fundamental Constitution then all England was bound to subject to them for the time and obey their just Commands And if it were not so how could all such as took up Arms with the King against them be adjudged Traytors as they were If these things be so there could be no Rebellion upon the Parliaments side because according to the Rules the Parliament was no Subject the King then separated from the Parliament refusing to Act with them Acting and Warring against them was no Soveraign The Question in the time of those bloody and unnatural Dissentions was stated several ways as Whether it was Rebellion in Subjects Commissioned by the Parliament to resist evil Counsellours Agents Ministers of State and Delinquents sheltring themselves under the King as divided from the Parliament and acting against the Laws by his Commissions or Whether the Parliament of England lawfully Assembled where the King virtually is may by Arms defend the Religion established by the same Power together with the Laws and Liberties of the Nation against Delinquents detaining with them the Kings seduced person or Whether the Parliament might not grant a Commission to the Earl of Essex by a force to apprehend Delinquents about the King to bring them to a due Tryal and this even against the personal will of the King Or whether after the Parliament had passed a Judgment against the King they might not lawfully give Commission to General Fairfaxe to apprehend the Kings person and bring him to the Parliament or Supposing the King to be an Absolute Monarch whether any of these things could be done by any Commission from the Parliament as the Condition of the Kingdom stood at that time Thus and several ways was the Question then stated and debated But the Truth is that if the Fundamental Government be by King Peers and Commons joyntly and that neither the Parliament consisting of these three States nor the Parliament as distinct from the King nor the King as divided from the Parliament could alter this Constitution nor lawfully act any thing contrary unto it then so soon as the Commission of Array on one side and of the Militia on the other were issued out and were put in Execution the Subjects in strict sense were freed from their Allegiance And if they acted upon either side their actings were just or unjust as they were agreeable or disagreeable to the Fundamental Laws and the general and principal end of Government For even then their subjection to the Laws of God and Fundamental Constitution of the Kingdom did continue and they were even then most of all bound to endeavour with all their power the good and preservation of their Country bleeding and conflicting with the pangs of Death And in that cause no man was bound too scrupulously to observe the petty Rules of our ordinary administration which were proper for a time of Peace which could not help but hinder her recovery In such an extraordinary case many extraordinary things if not in themselves unjust might have been done to prevent her ruine And if the Parliament had gone at first far higher than they did they had prevented the ruin of the King the dis-inherison of His Children and very much effusion of blood which followed afterwards The business then was easie which afterwards became difficult and could not be effected but with the loss of many thousands and the hazard of themselves for their Cause at first was well resented and had many advantages but was much prejudicial by too much intermedling with Religion and making some alterations in the Church before the time section 9 The next Question is whether since the Commencement of the War there was any certain ordinary legal Power which could induce an Obligation or there was any such Power after the Wars was begun it continued after the War was ended till the secluding of the Members and upon that seclusion ceased The answer unto these two Questions seems not to be difficult For there neither was nor could be any such certain ordinary legal Power which could in the strict letter of the Law bind all English Subjects to subjection For during a Parliament this binding power is in King Peers and Commons joyntly in the Intervals of Parliament it s in the King acting according to the Laws of Administration But all this while nay to this day there is no such Parliament no such King. And both in the time of the Wars and after both King and Parliament acted not only above but contrary to many of our Laws which in the time of Peace are ordinarily observed Neither of them could give us any Precedent for many things done by them and those few Precedents alledged for some of their Actions were extraordinary and Acts of extraordinary times If the Counties and People of England had not been ignorant and divided the division of King and Parliament did give them far greater power than they or their Forefathers had for many years But it did not seem good to the Eternal Wise and Just Providence to make them so happy Punished we must be that was his sentence and punished we have been yet few of us receive correction or return to him that Smote us Some
nascenti pagina Romae Ne vacet Egeriam consuluisse Numae Nôsset Sparta isthaec duro formata Lycurgo Secula mansisset quot stetit illa dies Nec tibi Parthenope gemino quater amplius anno Mutâsset dominos plebs malefida suos Nec sibi foedâsset fastos tam turpiter Anglus Mille per incertas mobilis usque vices Quam bene Lawsoni magni dignissimus haeres Nominis ille salo jura dat ipse solo Qui regnare doces qui parere libenter Imperium calami cedimus ecce tibi Te tantum genuit vicus brevis angulus orbis Langcliff nascenti conscia terra mihi Eborac invideant vel Athenae debeo plura Jam pro te patriae pro patriâque tibi J. Carr M. D. The Arguments of the several Chapters CHAP. I. THE Propriety of God acquired by Creation and continued by Preservation the ground of God's Supream Dominion and Power which is Vniversal over all Creatures more particular and special over Men and Angels who are capable of Laws Rewards Punishments not only Temporal but Eternal The exercise of this Power over men immediate or mediate Mediate in his Government by men over men is either Temporal and Civil or Spiritual and Ecclesiastical Of the Government Spiriritual before Christ's incarnation and after his Session at the right hand of God. Of the Church Christian Triumphant Militant Mystical Visible Vniversal Particular The particular parts of the Vniversal Church as visible the principal subject of the following Discourse Of our Differences and the Causes thereof of hope of better times and the Author's disposition and intention CHAP. II. Of a Community Civil What Politica is what a Common-wealth the subject of Politica What the parts of a Common-wealth what a Community in general which is the subject of a Common-wealth the name and nature of it Of a Community Civil the matter and the form thereof the Original of Civil Communities the members both natural and naturalized whether they be imperfectly or formally or eminently such The capacity of this Association to receive the form of a Civil Government Liberty Equality Propriety Adjuncts to this Community CHAP. III. Of an Ecclesiastical Community The Definition of it the explication of the Definition The distinction of the Members less or more perfectly such the manner of Incorporation Liberty Equality and aptitude to receive a form of Discipline Proprieties of this Society Where something concerning Children born of Christian Parents whether they be members of the Church or no. CHAP. IV. Of Power Civil The parts of Politica Constitution and Administration what Constitution is and what the parts of a Common-wealth both Civil and Ecclesiastical which are two 1. Soveraign 2. Subjects What Power in general what Power Civil what Supream Power or Majesty Civil the Branches thereof which are called Jura Majestatis the multitude of them reduced to order by several Writers and by the Author The Properties of Majesty which is real or personal What Soveraign real and personal may do The subject of Real Majesty in England the personal Majesty of the Parliament and of the King. CHAP. V. Of the Acquisition of Civil Power and the Amission thereof Civil Power not essential but accidental to any Person It 's acquired in an extrordinary or ordinary way In an ordinary way by consent or Conquest justly or unjustly as by Vsurpation Vsurpation no good Title The Person Vsurping Power at the first by subsequent consent may acquire a good Title Succession and the several ways of Succession Amission of Power by violence or voluntary consent or death Whether any can be made Soveraign by condition Whether Soveraign Power once acquired may be forfeited how and to whom the forfeiture may be made CHAP. VI. Of Power Ecclesiastical The Power is Spiritual not Civil Why it 's called the Power of the Keys as different from that of the Sword. Binding and loosing the same with shutting and opening and both belong chiefly to Legislation and Jurisdiction This Power is Supream and Independent in every particular Church constituted aright according to the Rules of the Gospel The Branches and several Acts of it as making of Canons the constitution of Officers Jurisdiction disposing of the Churches goods Of the extent and also the bounds of the Power Certain distinctions of Spiritual Government as Internal External Vniversal Particular Formal Material or Objective CHAP. VII Of acquiring or losing Ecclesiastical Power The just acquisition of this Power extraordinary in the highest measure as in Christ or in an inferiour degree as in the Apostles How ordinary Churches derive it from Christ by the Gospel-Charter in an ordinary way The Power of the Church and Church-Officers unequal The several ways of Vsurping and also of losing this Power CHAP. VIII Of the disposition of Power Civil from the several manners of which arise the several forms of Government General Observations premised The several ways of disposing Majesty or Supream Power in a State. Pure Forms Monarchies Despotical and Regal Pure Aristocracies and Democracies Mixt Governments when the Power is placed in the several States joyntly The Constitution of England Our Kings and their Title Peers Commons Parliaments and the limits of their Power The limits of the King 's personal Majesty Our late divisions and confusions Whether King or Parliament as separate could be justified by the fundamental constitution of England By what Rule the Controversie must be tried Whether Party at the first was more faithful to the English Protestant interest How the state of the Controversie altered The high and extraordinary actings of all Parties The good that God hath brought out of our Disorders and Confusions Whom God hath hitherto most punished What is to be done if we intend a Settlement of State and Church CHAP. IX Of the Disposition of Power Ecclesiastical and whether the Bishop of Rome be the first Subject of it under Christ. The many and great differences about the first subject of the Power of the Keys The Pope the Prince the Prelate the Presbyter the People challenge it as due unto them by a Divine Right Their several pretended Titles examined Whether that of the Bishop of Rome be good or valid His greatness state and pomp The opinions of some Authors concerning him The power he challengeth is Transcendent The reasons to prove his title taken from Politicks Ancient Writers the Scriptures The insufficiency of them though some may seem to prove the possession yet none make good the Title CHAP. X. Whether Civil Soveraigns have any right unto the power of the Keys Their power and advantage to assume and exercise this power Their power not spiritual but temporal The power of ordering Matters of Religion what it is and how it differs from the power of the Keyes Jus Religionis ordinandae rightly understood belongs to all higher Powers The Kings and Queens of England though acknowledged over all persons in all causes both Civil and Ecclesiastical supream Governours yet
which are the great Bulwark of the Kingdom had been intermitted for sixteen years at length when no man did expect one is called but suddenly dissolved Yet the Scots entred with a puissant Army into the Kingdom made a necessity of calling a second which is summoned confirmed by an act of continuance acts high makes great demands continues long Yet it 's deserted by the King and many of the Members opposed by an Army defends it self undertakes the King in England Scotland Ireland It maker a new broad Seal having formerly seized upon the Navy and the Ports recruits it self by new Elections Then they fall out with the Army after that they are divided amongst themselves In the end follows the seclusion of many of the Members and the remnant act and by the Army and the Navy doth great things but at last even this remnant by this Army is totally routed and dissolved This is that long-sitting Parliament which some say might have been good Physick but proved bad Diet. Never Parliament of England varied more never any more opposed never any suffered more never any acted higher never any effected greater things It made an end of Kings and new model'd the Government 3. The King deserting the Parliament set up his Royal Standard and is opposed fought beaten finally and totally conquered delivered by the Scots into the Parliaments hands is confined secured as a guilty person tried judged condemned to death executed His Family and Children banished and disinherited of the Crown wander in foreign Countries and many great Ones suffered and fell with him Many foreign States stood amazed when they saw the potent Prince and Monarch of three Kingdoms reigning in greater power and splendour than ever any of his Predecessours cast down so suddenly from the heighth of his excellency laid in the dust and brought to nothing 4. The Civil Government was much changed from the primitive Constitution neither could the Petition of Right help much because the King and Ministers of State would not observe it but acted contrary unto it So that it was arrived almost at the height of an absolute Monarchy But as the winding of a string too high is the breaking of it so it fell out with Monarchy 1. The Parliament first require an explication of that Act for Liberty afterwards limit the Regal Power curb it assume it exercise it and in the end take it wholly away Some indeed of the Lords and Commons declare That they had no intention to change the fundamental Government by King Peers and Commons and perhaps really intended what they spake yet they could not perform for that very frame was taken asunder and abolished Upon which followed three several models one after another The 1. By the act of alteration The 2. By the new instrument The 3. and last by the humble petition of advice and yet we are not well setled So difficult it is after that a Constitution is once dissolved to establish a new frame So that it may be truely said that never King acted so much against a Parliament never Parliament prevailed so much against a King. Some were for the State of Venice and that form of Government as the most perfect model for England Some intend levelling some did judge it best that the General should have continued onely General for a while and to head onely the godly party a strange fancy and conceit 5. As for the Church many of the English began to look towards Rome many came home unto the Church and turned Papists Innovasions were daily made in Doctrine and Discipline and Prelacy seemed to advance with the Royal Power But this great Parliament puts a stay to all begins to reform and in reforming incline to an extream They take away Episcopacy Root and Branch abrogate the Liturgy make some alterations in the Doctrine compose a new Confession of Faith a Directory for worship and begin to settle a Presbyterian Discipline Yet that in the very rise was opposed by the Dissenting Brethren and never could be fully and universally so imposed as to be received Hereupon contrary to promise the Golden Reins of Discipline were loosed a general Liberty taken and swarms of Sects appear profess and Separate Errors Heresies Blasphemies do almost darken this Church and overspread the same Never from the first receiving of Christianity in this Nation was there so great a change in Religion known to be made in so short a time 6. Yet after all these bloody Wars and greatest Alterations in Church and State the substance of the Protestant Religion continues the Universities stand Schools remain Learning flourisheth Sabbaths are observed Ministers maintain'd never better Sermons never better Books The Orthodox Christian is confirmed Matters in Religion are not so much taken upon trust and tradition as formerly Arts and Languages advance the light of the Gospel shines The Laws abide in force Justice is administred peace enjoyed the Protestant Interest in forraign parts maintain'd England is become a warlike Nation furnished with gallant Men both by Sea and Land is courted by great Princes is a terrour to our Enemies a protection to our Friends and if we could agree amongst our selves it is an happy Nation Yet all this is from the wonderful wisdom of our God who knows how to bring Light out of darkness good out of Evil and from his Exceeding mercy who hath heard the Prayers of a remnant of his people in behalf of this Nation to which he intends good if our sins do not hinder And for my part I will not cease to Honour and to pray for such as from their hearts have endeavoured our good and especially for such which God hath made so eminently instrumental for our present happiness Such as are trusted with great power and employed in great business are many times perplexed with great difficulties and especially in distracted times And if they do something amiss we should not harshly Censure much less envy them but rather pity them and pray for them and remember our own frailty and that if we had been in their place we might have done worse But to draw unto a Conclusion of this long Chapter and not to offend the Reader let 's consider what may be done to finish and perfect any thing begun tending to our settlement Far be it from me to presume to prescribe any thing to wiser men who have seriously considered of this very thing already Yet I may be bold to deliver mine own Opinon with humble submission to my betters and if I err I may have the greater hope of pardon because I shall speak as one unbiassed and aiming with a sincere heart at the publick good of the English Church and State which though fearfully shaken and shattered are not yet destroyed And 1. This is certain that there are but two reasons of our unsettlement 1. Ignorance 2. Wilfulness For we either know not how to settle and what the best means are which most effeually
think an ordinary power continued on foot till the Members were secluded yet there was no such thing for the two Houses could not according to ordinary Rules exercise the Ordinary power of the King though they might use his name and did so contrary unto his consent If they should alledge that his power was forfeited and did divolve upon them that would be hard to prove We know well enough if it be not in him where it is it could no ways be in them but for the exercise and in them for that end it was an extraordinary way Some would say that if the King was dead either naturally or in Law a Parliament must instantly dissolve and be no Parliament because there was wanting an essential part The act of continuance could not help them in this case for it presupposed all the three essential parts Neither could any particular Parliament enact that there should be a Parliament without all the three essential members If they should make any such Act by a following Parliament it may be repealed and the parties in the name of the People of England called to account for altering the Fundamental Government For we must not favour on particular Parliament so as to wrong all England or suffer any ill example to be given Yet if ever any Parliament did deserve not only to be pardoned if they did some things amiss but to be rewarded for their service surely this Parliament did for never any suffered more even from him who summoned them and from them who chose the particular Members Never any was brought into the like straits I mean that this respect was to be had to the upright party But if there was no ordinary power what must the people do in such a case and distracted condition In this I will give mine opinion in that which follows section 10 Whether could the Act of alteration which required the ingagement or any of the alterations which followed introduce an Obligation to Subjection The answer is they could not in any ordinary way do any such thing For if the constitution was dissolved and the personal Majesty forfeited it must devolve unto the people and no Parliament nor part of a Parliament or any other person but the people could either alter the former Government nor Model a new one For according to the general principles of Government the right of Constitution Alteration Abolition Reformation is the right of real Majesty if it be not their right then the people may be bound to Subjection without their consent A Parliament may declare it but some make it a Question whether their Declaration be binding If they who required the engagement did intend to exclude a King who should separate from them or refuse to act with them or challenge an Absolute power 2. To abolish the House of Lords as distinct from that of the Commons with a Negative Voyce in Legislation and of such Lords as were Lords by Writ or Patent only 3. To declare that upon a dissolution the power was devolved to the people it was the more tolerable Yet who gave them power to do this or declare this When I mention the people of England as the primary subject of Power and the heir of real Majesty I mean the rational judicial party for no consent of people that is not rational and agreeable to the Laws of God is of any force And I exclude not only such as are barely Members virtually but all Rebels Traytors and malignant persons For in the midst of these Bloody distractions and perplexity of minds there was a Sanior pars a rational judicious party that unfeignedly desired the Peace Welfare and happiness of England And when many Members of a Community are insufficient of themselves to judge what is just and good many of them perverted the power remains in parte saniore aut in parte hujus partis valentiore and in those who upon right information shall consent with them For many who are not able of themselves to judge yet when they are rightly informed are willing to consent But to return unto the former Question seeing there was no ordinary power which could introduce any strict Obligation what must the People do in such a Case What 's their duty The Answer is That though there was no Ordinary yet there was an Extraordinary Power ever since the Wars were ended to this day which they were bound to obey For 1. Seeing the Community of England did remain and in the same better party Real Majesty did continue 2. The Fundamental Government could not be dissolved by one King and one Parliament though they both had agreed to do it For though as to them it was actually dissolved yet the right might remain virtually in the Community I mean a right to continue it if they pleased 3. As the Case now is and was since the Wars were ended this Fundamental Government could not be so restored as to Act. 4. All parties did agree that there should be a Government and a Power for Protection and Administration of Justice but the difference was what the Model should be and most of all who should Exercise this Power Some did challenge and seek it for themselves some for their Friends whom they conceived to favour their party and interest For many of the Royalists were for the late Kings Eldest Son not so much for the Publick good as for the private interest and many other parties were guilty of the very same crime 5. Government it self for the substance is more material than this or that form and the Exercise of Power than the Exercise by such or such particular Persons For if there be not a Governing Power and some to Exercise it and the rest to submit there can be no protection from Enemies no Justice no Order but a meer Anarchy upon which a ruin instantly and unavoidably will follow For prevention whereof much may be done which in a time of safety would be utterly unlawful The people may submit to any whom they shall conceive shall be able to protect them and willing to preserve the Laws for Administration of Justice They need not stand upon doubtful Titles nor Quiddities in Law but may do what they can do so that it be not unjust by the moral Laws of God. 6. Seeing some particular Government was necessary and all rational men did agree in this therefore there was an obligation to subjection and every particular person was bound to submit unto the present power under which they enjoyed the benefit of the Laws and protection both from publick Enemies and private Injustice This is not so to be understood as though every one or any ought to rest in this extraordinary condition but to desire and endeavour to restore the first constitution freed from corruption or some part or degrees of it and proceed by little and little as God in divine providence shall prepare the people for it and enable us to introduce
State whereof he was sufficiently ignorant we English Men cannot well brook So Bodin being informed by Dellus who I think was Sir Thomas Dale a prudent and experienced Statesman and far better acquainted with the Government of his own Country than he was that the Kings of England could not make or repeal a Law without but only by the Parliament he wondred and notwithstanding his Information he presumptuously determines the Kings of England to be absolute Monarchs So much he doated upon his imperfect notion of Majesty and absolute Power Mr. Cambden though a learned Antiquary yet not in the common Law speaks doubtfully in this point and doth not well though perhaps prudently express himself His words are Quod Rex habet supremam potestatem merum imperium apud nos Yet afterwards speaking of our Courts he gives to the Parliament the supreme and sacred power in making conferring repealing and interpreting the Laws and in all other things which concern the good of the State. If he meant that the King had it jointly with the two Houses it 's tolerable yet if so 1. His former expression was not good 2. Neither is that latter assertion of his when he saith the Parliament is summon'd ad arbitrium Regis when the King pleaseth section 14 But let 's go to the Parliament where we shall find the King again and when we come there we must consider 1. What it is 2. What power it hath 3. What power it hath not 1. To give a perfect definition of it is above my skill neither is it within the sphear of my profession ancient Parliament-men and especially learned Antiquaries in the common Law know it best Mr. Cambden gives a tolerable description of it It 's a Representative of all England invested with the highest power of Legislation and all other acts that concern the common good This is the substance of the matter though not given in his express terms And here I will not say any thing of their Election Incorporation manner of proceeding after it 's once constituted and begins as a formal Parliament to act Some have conceived it to be one of the most orderly Assemblies in the World which is an argument of the great wisdom of our Ancestors who first molded it and brought it to perfection yet it may be corrupted and ill constituted and then Corruptio optimi est pessima The Election in our times is not well ordered for if it were the very quintessence of the wisdom and virtues of all England might be extracted united and act in that Convention But men are ready through want of understanding to undo themselves by choosing insufficient and unworthy persons The first constitution certainly required a qualification in the persons to be Elected For we trust them much even with our Estates Liberty Lives and Religion for the outward profession It 's not fit to trust these in the hands of any sort of Men but such as shall be wise faithful just and sincerely affecting the publick good The Saxon name Wittena Gemote implies this for it signifies the meeting of wise men and is the abridgement of all the Folk-motes in England and of the wisdom of all England and now of all England Wales Scotland Ireland If they should be wise men wisdom includes all virtues If we consider this great body as distinct from the King it 's said to consist of two Houses which some call the upper and the lower This the Commons did not like did not acknowledge The two Houses or the House of Commons and the House of Peers may be tolerable and I do not know they ever excepted against the expressions Many ungrateful and unworthy persons to their own wrong and prejudice have much depressed the House of Commons and are not ashamed to say such is their ignorance that it is but of late standing Yet it 's the chief part and almost the whole Representative the Peers to them are but inconsiderable Whatsoever is concluded there doth most concern them and the heaviest burden lies on them And though by Commons some may understand only the Plebeian Rank yet there we find in that House men of as good Birth Estates and as eminent vertues as many of the Lords be What the House of Commons is may be more easily known but the nature of the House of Lords is somewhat hidden For in it we find Lords Spiritual as Abbots Bishops and these by Tenure we find in it also Lords Temporal as Dukes Marquesses Earls Viscounts Barons And all these under the name of Lords Peers Barons though Bárones Proceres Nobiles do sometimes signifie other persons For we read of the Barons of the Cinque-ports Barons of the Exchequer the eight Barons of Cheshire and the Barons of Burford in Shropshire We find Peers sometimes taken in another sence and to include the Commons And the truth is if the whole assembly be considered as one Representative they are all Peers and in all acts should be taken so to be These Peers become such three ways as I observed in my answer to Mr. Hobb's For they are aut Foedales aut rescriptitii aut diplomatici Barons by Tenure and ancient prescription since the time of William the Elder or by Writ or by Patent It is not for me to debate much less to determine the Controversies about these Lords as 1. Whether they be essential parts in a distinct House from the Commons of the Parliament or no seeing Acts and Ordinances and the same valid are said to be made without these Lords not any by the Lords without the Commons 2. What these Lords may do or for what end they are called For some say they sit there as Judges of the King together with the Commons For though the King in his Politick capacity cannot do wrong yet in his Personal he may This Horne and Bracton with other of the old Lawyers will tell us in whom we may read of the Torts and wrongs done by the King and of judging him as also the Queen and the Prince 3. Seeing by the Writ of Summons they are called to deliberate and consult Consilium impensuri not ad faciendum consentiendum as the Commons are whether they be there only as the King's Counsellors 4. Suppose them to be the King's Counsellors whether they be such without or with the Commons 5. Whether they have any share in the Legislative power or if they have whether in the same House or in a distinct House and Body with a negative to the Commons or not 6. When this transmitting of Bills to the House of Lords began which some say to be after the Barons Wars For it was not so from the beginning 7. Whether the Lords and not the Commons have power to administer an Oath We read in Sir H. Spelman's Glossary in the word Baro that no Barons were called to the Parliament but such as held of the King in Capite 2. That all
these were not called but the chief of them as Earls who possessed twenty Knights Fees and Barons which had to the value of thirteen Knights Fees and a third part of one 3. That because these were too many some of them were call'd to Parliament some omitted and only such as were called were counted Barons the rest not 4. This being taken ill the Barons caused King John adigere to covenant under the Broad Seal to summon severally by so many Writs the Arch-Bishops Abbots Earls and the greater Barons of the Kingdom 5. Yet Henry the Third so little regarded that compact that he called and kept a Parliament with an hundred and twenty Spiritual and only twenty five Temporal Lords though he had numbred two hundred and fifty Baronies in England 6. Edward the First omitted divers of those whom Henry the Third had summoned So that it will be a very difficult thing to rectifie or reduce unto the first institution this House as distinct from that of the Commons For it should be known 1. What kind of persons must constitute this other House 2. What their Priviledges be 3. What they must do which the House of Commons may not must not do section 15 By all this something of the nature of the Parliament may be known But then what is the power of this assembly either severally considered without the King or jointly with the King And that they may make Orders and Ordinances pro tempore will be granted and also which is far more if the King have no Negative voice the Legislative and Judicial power is in them and their ultimate Resolves and Dictates in all matters of Counsel must stand And if so then reason will conclude that if the King refuse to be personally or virtually present and to act with them they may do any thing for the good of the Kingdom without him which they may do jointly with him Yet because Laws and Judgment are ineffectual without execution therefore the King being trusted with the execution was required to give his consent that he might take care of the Execution For to that end was he trusted with the Sword of Justice and War that he might protect the people and see that Laws and Judgments be executed If we consider the Parliament as consisting of King Peers and Commons jointly it is the first subject of Personal Majesty and to it and it alone belongs all the Jura Majestatis personalis They have the power Legislative Judicial Executive to exercise it in the highest degree and may perform all acts of administration as distinct from the Constitution They are the highest assembly for Legislation the highest Counsel for advice the highest Court for Judicature section 16 This is the power of the Parliament which can do many and great things yet some things they cannot do for they are limitted not only by the Laws of God but also by the Laws of the Constitution Sir Roger Owen tells That the Parliament cannot do all things For 1. Many Acts are Voted for errors in matter of fact and for contrariety in words and sometimes they have idle and flattering proviso's 2. A Parliament hath not power to ordain that a Law shall not be abrogated for the space of twenty years for a latter Parliament may repeal their Acts. 3. That a Parliament cannot Enact that if there were no Heir to the Crown that the people should not be able to chuse a new King. 4. It cannot change the form of our Policy from a Monarchy to a Democraty 5. It cannot take away divers Prerogatives annexed to the Crown of England or that the King should not be able to dissolve the Parliament at will and pleasure yet in another place he tells us that he cannot dissolve the Parliament at will and pleasure and again he is not above the Parliament because he cannot be above himself and in Parliament he is Maxime Rex He further informs us that the common Law is the King's Inheritance and how the Parliament may wither away the Flowers of the Crown The true reason why the Parliament cannot do some of these things nor others not mentioned by him is because they have not real but personal Majesty They cannot alter the Government nor take away divers things belonging to the Crown because they did not give the Prerogatives of the Crown at the first the Commons of the Realm gave them as he confesseth The form of Government was first constituted by the Community of England not by the Parliament For the Community and people of England gave both King and Parliament their being and if they meddle with the Constitution to alter it they destroy themselves because they destroy that whereby they subsist The Community indeed may give a Parliament this power to take away the former Constitution and to frame and model another but then they cannot do this as a Parliament but as trusted by the people for such a business and work nay they may appoint another assembly of fewer or more to do such a work without them They may set up a Consilium sapientum which may determine what matters are fit to be proposed to the Parliament and in what order and also contrive a Juncto for all businesses which require expedition and secrecy which may act without them whether the Parliament it self can do such things or no may justly be doubted What may be done in extraordinary cases is one thing what may be done in an ordinary way another When he saith that the Parliament cannot change the form of Policy from a Monarchy he presupposeth our State of England to be a Monarchy yet if he distinguish not between the Constitution and the administration he may be guilty of an error For it 's not a Monarchy but only in respect of the Executive part in the Intervals of Parliaments Our Ancestors abhorred absolute and arbitrary Monarchs therefore before they did establish a King they made a bridle to keep him in and put it upon him This is plain from Bracton Fortescue the Coronation Oath and the Mirror section 17 From all this we may conjecture what the Constitution of England was It was no absolute Monarchy that 's plain enough Neither was it a State of pure disposition but mixt Neither were the Jura Majestatis divided some to the King some to the Lords some to the Commons it was of a far better mould The personal Majesty primary was in King Peers and Commons jointly in the whole assembly as one body this may appear several ways as 1. From this that it was a Representative of the whole Nation and as it was a general Representative of all England and no ways else was it invested with this personal Sovereignty It must represent the whole Community all the Members thereof of what rank or condition soever not only the Laity but the Clergy too these are words used in our Laws and good enough though disliked by
conduce to that end Or else we are wilfully divided and no way will serve the turn but our own The first is the cause of our difference in Judgement the second of our disaffection and without an unity of the whole or at least of the major part the business will hardly be effected For we are not in any immediate capacity of a general Unity till time hath wasted and consumed some of our divisions and also the bitter enmity and rancour which continues in the Spirits of many to this day Therefore our settlement must begin in generals and necessaries and proceed by degrees 2. The Foundation to be laid is first to find out the ancient Constitution before it was corrupted too much and understand the great Wisdom of our Ancestors gained by long experience in the constitution of this our State. This may be done by some experienced Statesmen and Antiquaries in Law and that as well if not better out of Parliament than in Parliament For a Parliament it self must have some Foundation and certain Rule of their very being before they can act steadily and regularly and not spend their time of every sevâ—â—al Parliament in molding their Government a new It 's a vain and presumptuous imagination to think that we have attained to a greater measure of Wisdom than our Ancestors attained unto And let us not undo what is already done if it be consistent with the best model 3. Let no man think that the publick interest either Ecclesiastical or Civil of England is the interest of any one person or Family or any few persons or Families much less of any Sect Party Faction It cannot be denied but whilst the Succession of our Kings was limited to a Family the succession was more certain For so the next successour was more easily known and competition which in this case is so dangerous was more easily avoided Yet even this could not prevent the difference between the Houses of York and Lancaster And when the issue of Henry 8 failed we had been in greater danger if the King of Scots had not been a Protestant and one who was conceived would prove firm to the English Protestant Interest But when this limited succession shall prove as it may do inconsistent with the publick interest it s not so much to be regarded For why should the honour or priviledge of one Family prejudice the universal safety of a Nation We know that vast Empires and Kingdoms have by an unlimited Election continued long And that which might help much in this Case is that policy of the German Empire in the Interregnum to have an administrator General 4. In modelling the Government we must have a special eye unto the Constitution that it be such as that it may not only be consistent with but effectually conduce to the promoting of peace and righteousness in the administration of the State and also to the advancement of the Christian Religion in the Church And I conceive our ancient Government for these ends was excellent and did also preserve and regulate the liberty of the people and also wisely limit the supream Magistrate 5. The Parliament being a general Representative of the whole Nation and now of three and trusted with our liberty estates lives and in some measure with the Religion we profess should consist and be made up of eminent and wise men Therefore the Election of them for the manner should be more regular and orderly in respect of the Electors and better limited and more strictly tied to a right Qualification of the Persons elected which should neither be unworthy nor unfit It may indeed fall so out that in these irregular and sometimes tumultuous Elections some wise and eminent persons may be chosen and the same may prove predominant and leading Members in that great Assembly but this is but a chance and no certainty nor use of right reason in it 6 When a Parliament is once assembled and begins to act if there be any thing that concerns the preservation and continuance either of the being of the State or of the Substance of the Protestant Religion that must be first dispatched and the next the punishment of crying Sins which are the Ruines of States 7 As for Religion so far as it concerns the State it 's fit that there be some general Rule both of our Profession and Worship but the Rule of profession must be brief and grounded upon plain Scriptures and so near to ancient Confessions as that no rational Christian who acknowledged the Scriptures to be the Word of God could or would scruple The Rule of Worship also must be plain and Clear. Let nothing be imposed upon all which any rational Christian as such may not recive without scruple As for Discipline as I have begun so I will go on in the next Chapter But these things have been and will be considered by far wiser men therefore I will not enlarge section 23 I might have said something more of the manner of disposing Soveraign power and with Besoldus have observed that as there may be two persons who make but one Monarch so there may be one King of two or more distinct and several Kingdoms This latter disposal was debated much in Calvin's case by the Sage Judges of the land in which debate some of them especially Chancellour Egerton did little less than make the King an absolute Monarch and the two Kingdoms in effect one but the Parliament was of another mind And the matter was far above their Courts and Cognizance the union could not be determined but by the Parliaments of both Kingdoms neither could this be done by them if the union made any alteration in the Constitution of either Kingdom In respect of mine intention this Chapter is very large in respect of the matter very brief and my desire is that others would more seriously and impartially enquire into this subject so far as it concerns our own Constitution which no doubt may be found out and if it prove defective may be perfected if men were peaceable and sought the publick good CHAP. IX Of the disposition of Ecclesiastical Power and first whether it be due unto the Bishop of Rome section 1 THe most difficult point in Politicks is that of the Jura Majestatis and the right disposal of them in a fit subject and concerning the nature of Civil power the manner of acquiring and disposing of it I have already spoken and also of Ecclesiastical power and the acquisition thereof now it remains I say something of the manner of disposing the power of the Keys in the right subject This is a matter of great dispute in these our times Therefore when I expected to find all clear because a Jus divinum grounded on the Scriptures was pretended on all hands I found it otherwise As when one of our Worthies had disemboked the Megellanick straits and was entred into that sea they call Pacificum he found the word Pacifick
God was nothing but jus ad recte agendum a right to do right in matters of Religion If they did otherwise they abused their power they lost it not And if an Heathen Prince or State should become Christian they acquire no new Right but are further engaged to exercise their power in abolishing Idolatry and establishing the true Worship of the true God. This may be signified by the Titles of Nursing-Fathers of the Church Defenders of the Faith Most Christian Most Catholick King. All which as they signified their Right so they also pointed at their Duty which was to protect the true Church and maintain the True Christian Catholick Faith. 4. Though Regal and Sacerdotal power were always distinct and different in themselves yet they were often disposed and united in one Person Thus Melchisedeck was both King and Priest Thus Romulus was Prince and the chief Pontiffe For he is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Halicar Antiqu. Rom. lib. 2. The succeeding Kings took the same place After the Regal power was abolished it was an high Office. When Rome became Imperial the Emperours took the Title of Supream Pontiffe and some of them after they became Christian retained it Yet still as the Powers so the Acts were distinct For Melchisedeck as King ruled his People in Righteousness and Peace as Priest officiated received Tithes and blessed Abraham As they were sometimes united so they were divided For God entailed the Sacerdotal power upon the house of Aaron and afterwards the Regal power upon the family of David Neither did Christ or his Apostles think it fit to make the Ministers Magistrates or the Magistrates Ministers Yet in this Union or Division you must know that this Sacerdotal and Ministerial power was not this Civil power of Religion which always belonged to the Civil Governours even then when these two powers were divided 5. If Civil powers stablish Religion and that by Law call Synods order them ratifie their Canons divest spiritual and Ecclesiastical persons of their temporal priviledges or restore them yet they do all this by their civil power by which they cannot excommunicate absolve suspend much less officiate and preach and administer Sacraments In this respect if the civil power make a civil Law against Idolatry Blasphemy Heresie or other scandal they may by the same power justly punish the offenders by the sword and the Church censure them by the power of the Keyes 6. This jus Religionis ordinandae this power of ordering matters of Religion is not the power of the Church but of the State not of the Keyes but of the sword The Church hath nothing to do with the sword nor the State with the Keyes Christ did not say tell the State and whatsoever ye bind on earth shall be bound in Heaven c. Neither did he say of the Church that she beareth not the sword in vain Therefore he must needs be very ignorant or very partial that shall conceive that the State is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the power of the Keyes section 3 These things premised give occasion to consider how the Oath of Supremacy is to be understood especially in these words wherein the Kings or Queens of England were acknowledged over all persons in causes as well Ecclesiastical as Civil all supream head and because that word Head was so offensive it was changed into Governour For the clearing hereof it 's to be observed 1. That by these words it was intended to exclude all foreign Power both Civil and Ecclesiastical especially that which the Bishops of Rome did challenge and also exercise within the Dominions of the Crown of England 2. That the Kings and Queens of Enland had no power supream in making Laws and passing judgements without the Parliament Therefore by supream Governour was meant supream Administratour for the execution of the Laws in the intervals of Parliament In this respect the Canons and injunctions made by the Clergy though confirmed by royal assent without the Parliament have been judged of no force 3. That by Ecclesiastical causes are meant such causes as are materially Ecclesiastical yet properly civil as before For matters of Religion in respect of the outward profession and practice and the Parties professing and practising are subject to the civil power For by the outward part the State may be disturbed put in danger of Gods judgements and the persons are punishable by the sword even for those crimes Yet neither can the sword reach the soul nor rectifie the conscience except per accidens That by Ecclesiastical is not meant spiritual in proper sense is clear because the Kings of England never took upon them to excommunicate or absolve neither had those Chancellours that were only Civilians and not Divines power to perform such acts Yet they received their power from the Bishops and it was counted Ecclesiastical 4. In respect of these Titles those Courts which were called Spiritual and Ecclesiastical derived their power from the Crown And the Bishops did correct and punish disquiet disobedient criminous persons within their Diocess according to such authority as they had by Gods word and as to them was committed by the authority of this Realm These are the words of the Book of Ordination in the consecration of Bishops The words seem to imply that they had a mixt or at least a twofold power one by the word as trusted with the power of the Keyes the other from the Magistrate or Crown and that was civil Such a mixt power they had indeed in the high Commission Yet though this may be implyed yet it may be they understood that their power by the word of God and from the Crown were the same The act of restoring the ancient jurisdiction to the Crown 1 Eliz. 1. doth make this further evident For it 's an act of restoring the ancient jurisdiction in Ecclesiasticals especially to the Crown for that 's the Title Where it must be observed that the power was such as the Parliament did give 2. That they did not give it anew but restore it 3. They could not had no power to give it if it belonged to the Crown by the Constitution but to declare it to be due upon which Declaration the Queen might resume that which the Pope had usurped and exercised 4. It 's remarkable that not the Queen but the Parliament by that act did restore it as the act of the Oath of supremacy was made by a Parliament which by that act could not give the King any power at all which was not formerly due In respect of Testaments temporal jurisdiction Dignities Priviledges Titles as due unto the Church by humane Constitution and donation all Ecclesiastical causes concerning these were determinable by a civil power How tithes are a lay-fee or divine right hath been declared formerly Hence it doth appear that the Oath of Supremacy was not so easily understood as it was easily taken by many and the Oxford Convocation I believe but that they
commended or reproved and charged with divers sins and threatned with such punishments as must fall upon all After all these proofs from Scripture recourse is had to Antiquity and Universality as sufficient grounds of a prescription which is a good kind of title But 1. In divine things especially such as are of ordinary and universal obligation Antiquity and Universality without a Divine Institution will not serve the turn 2. The Hierarchy prescribes as much and as high as Episcopacy invested with power of Ordination and Jurisdiction as proper to it self yet it s confessed to be only of humane institution 3. What is it how is it defined What Divine Institution can be made evident of that which they say is so universal and ancient 4. Who are the witnesses by whose testimony this Antiquity and Universality is proved They are besides some of later times but few and all within the Roman Empire many of them Bishops themselves and some of them bitter Enemies one against another They are not one of an hundred amongst the Bishops not one of a thousand amongst others Yet the Church in the Apostles times was enlarged to the ends of the Earth And as then so now there were in every Century thousands that did never write or if they did they wrote not of Episcopacy and many of them might be as great Schollars as those whose books are extant 5. There was a special reason why there might be Bishops and the same Hierarchical in the principal parts of the Roman Teritory as shall be touched hereafter 6. Suppose these Bishops to have the power of Ordination and Jurisdiction yea the whole power of the Keyes which includes the Legislative in making Canons can any man prove that they had it always in all places and if so that they had it severally in their several precincts and not joyntly with their fellow Bishops as Representatives in Counsels and also with Presbyters and others too It s well enough known that other besides Bishops had their suffrage in Synods Arles President of the Council of Basil proves stoutly that Presbyters have their Votes and without them he could not have carried the cause against Panormitan and his faction section 8 After the primitive and the Hierarchical Episcopacy comes in the English which hath something singular He that will understand the nature of it more fully must read Dr. Zouch Dr. Mucket Dr. Cosens the Civilian his Tables with him who calls himself Didoclavius upon him By all whom we may understand 1. It was not the primitive Episcopacy 2. It was clearly Hierarchical for we had Bishops and two Arch-Bishops of York and Canterbury the one the Metropolitan of England the other of all England The Bishops took their Oath of obedience to the Arch-Bishops as appeareth by the book of ordination They did arrogate the power of ordination to themselves though Presbyters did in the ordination impose hands with them and some of them confessed they had it only with the Presbyter joyntly Yet we know how that by others is eluded 3. Not to say any thing of their Titles Dignity Revenue Baronies annexed to their Sea their place in the house of the Peers in Parliament and their priviledges they had cast off in effect not only the people but Presbytery For though the Presbytery had their Clerks both in the Convocation of York and also at London if the Parliament sat there yet they took upon them in the end to nominate these Clerks and deprive the Ministers of their right of Election As for the Deanes and Chapters which should have been eminent Persons and chosen by the Presbytery in every Diocess to represent them they were degenerate from their original Institution and the Bishops who should have done nothing but joyntly with them did all things without them They in effect though unjustly engrossed the whole power of Administration 4. Yet this is observable that 1. They could make no Canons but joyntly in one Assembly 2. That joyntly amongst themselves without the Presbytery they had not this power 3. That no Canons were valid without the Royal Assent 4. Neither by the Constitution was the Royal Assent sufficient without the Parliament 5. That they derived much of their Ecclesiastical power from the Crown For by the Oath of Supremacy is declared that the King of England is over all persons even in Ecclesiastical causes Supream Governour In which respect all their secular Power Revenue Dignity and also their nomination and confirmation with their investiture is from him He calls Synods confirms their Canons grants Commissions to exercise Jurisdiction purely Ecclesiastical In the first year of King Edward the sixth by a Statute they were bound to use the Kings name not their own even in their Citations and as before they must correct and punish offenders according to such Authority as they had by the Word of God and as to them should be committed by the ordinance of this Realm So that if the Popish Bishops derive their power from the Pope and the English from the King neither of them could be jure divino And by this the title of most Bishops in Europe is meerly humane and that in two respects 1. Because its Hierarchial 2. Derived either from an higher Ecclesiastical or an higher secular power section 9 Thus far I have enquired though briefly and according to my poor ability into the definition and institution of a Bishop the subject of the Question which is this Whether a Bishop or Bishops be the primary subject of the Keyes The meaning whereof is 1. Whether they be the primary and adequate sole subject of the whole power of the Keyes whereof the principal though not all the branches are making Canons and receiving last appeals without any provocation from them For they may be subjects and not primary they may be subjects of some part and not of the whole power 2. Whether they be such subjects of this power in foro exteriori For in foro interiori the Presbyters have as much as they 3. Whether they be such subjects of such power in foro exteriori quatenus Episcopi reduplicative 4. Whether as such they be such a subject by Divine Institution For solution hereof it s to be considered 1. That except there be an Universal consent and the same clearly grounded upon Scripture both what a Bishop is and 2. That made evident that his Title is of Divine Institution the affirmative cannot be proved 2. That though a Bishop could be clearly proved to have the power of Ordination and Jurisdiction yet it will not follow from thence that he is the primary subject of that power For the negative many things may be said 1. Neither the papal nor the English Bishop so far as the one derives his power from the Pope and the other from the Crown can be the primary subject of this power the secondary they may be 2. For such as derive not their power from
the manner of Administrations Some converse in other States to learn Fashions or Wickedness some as Spies and Intelligencers The ends and the events are therefore several Some are good and benificial to themselves to their Country to other Nations The Issue of some mens Travel is Vanity or Vice or Mischief There are Strangers who do not meerly Travel and Sojourn but also fix their Habitation in other States these are called Advenae incolae and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 though the word be used for Pilgrims and Sojourners Neither of these are properly Subjects of that State where they live yet they ought to carry themselves fairly and not do any thing to the prejudice of the Laws or Government of the places where they do converse and according to their good carriage they are to be used civilly It was Gods charge to Israel to use Strangers well because they themselves had been Strangers in the Land of Aegypt For Strangers are used strangely and in Forraign Countries exposed to many abuses and dangers But special kindness is to be shewed to such as are miserable and fly for Religion or for protection The Magistrate of every Common-Wealth should have a special eye upon these Strangers and enquire into their carriage and their practice To receive too great multitudes of them may be dangerous and some may do mischief either by corrupting the Subjects or seeking to betray the State. Neither is it safe to naturalize many of them much less to advance them to places of Power and Trust which must needs offend the Subjects and and Natives especially when these are favoured and prefered and the other are neglected The Judgment of God upon the Jew in this respect is very heavy for they are commonly hated in all places and not suffered to inhabite in any Nations and where they are permitted to dwell and trade hard terms are put upon them Perfecte plene subditi sunt nati section 12 facti There are besides Strangers such as are properly and compleatly subjects who according to their subjection enjoy the benefit of protection the rights and priviledges of Subjects Yet there is a great difference amongst these according to the several constitutions of States For some are far more free and enjoy far greater priviledges as the Roman Subjects did as is evident in Paul who said to the Centurion Is it lawful for you to scourge a man that is a Roman and uncondemned Acts 22.25 For a Roman could neither be condemned unheard nor scourged if not condemned These had divers other priviledges which the Provincial Subjects had not before they were infranchised The Subjects of England if they enjoy their right are more free then the Subjects of France or Spain and divers other Countries Some are little better than Slaves especially such as live under Despotical Soveraigns The right and priviledges of Subjects are acquired several ways which may be reduced to two For some are such by birth which are called Cives originarii some by allection This distinction is the same with natural and naturalized as you heard in the Doctrine of a Community This distinction is implied in these words of the chief Captain Lysias saying With a great summ obtained I this freedom and of Paul who answered but I was free born Acts 22.28 The seas Subjects were essentially the same and if either should as such be perferred the native Subject caeteris paribus had the priority Subjects also as Subjects are equal though in divers other respects accidental unto them they may be very unequal some may have special priviledges some may be Officers and by vertue of their Office have their priviledges Here some take occasion to speak of the multitude and paucity of Subjects in the same Territory and State. If they be few they may receive Fugitives and adopt Strangers as Romulus did If they be too many they may send out Colonies and make new Plantations If the multitude be not too great it 's the honour of the Soveraign and safety of the State if too few it 's the weakness of a Nation and a danger of destruction For in the multitude of people is the King's honour but in the want of people is the destruction of the Prince Prov. 14.28 Yet this is to be understood of a multitude well qualified and ordered by a good Prince For Tyrants and Oppressours waste and destroy their people to their own ruin section 13 There is another distinction of Subjects for they are Ecclesiastici Saeculares By Ecclesiastical persons are understood such as are indeed Subjects yet their Office and Work is in matters of Religion they act between God and Man as Messengers and Mediators between them They deliver God's mind to men and offer mens Prayers and Gifts to God. They officiate in Divine Services and that 's their chiefest Work. They are singled out from amongst men to direct others unto eternal Life These anciently were called Priests and their place was honourable yet there was an imparity amongst themselves In the New Testament these Ecclesiastical persons never called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Priests but Ministers of the Gospel or Presbyters under which words are signified all Apostles Prophets Evangelists Pastours and Teachers So that the word Priest was only given to Christ or Melchisedeck or the Levitical Pontiffs and Ministers or some Heathenish Sacrificer Yet in after-times because the Sacrament of the Eucharist was a Commemoration of the Sacrifice of Christ therefore in respect thereof the Table was called an Altar and the Minister a Priest. At length the Church of Rome turned the Sacrament into a Sacrifice properly so called and the Minister into a Priest. And this was the original of the Mass. This Ecclesiastical Function was instituted by God and very honourable both in that respect and also because their work is so excellent and necessary for upon it under God Religion and the benefits of Religion both private and publick temporal and eternal do much depend To these by divine Commands Maintenance is due from the people and they have been much honoured in well constituted States with many priviledges and immunities But their own unworthiness and the prophaneness of the people have much debased them Yet good Ministers with good people will be much esteemed to the World's end and when the chief Shepheard shall appear They shall receive a crown of glory which fadeth not away 1 Pet. 5.4 These were accounted as a distinct and eminent Order of Subjects as they were solemnly ordained The rest of the subjects and the Soveraign in respect of these have the name of Seculars and the Subjects are called Laicks or Lay-people This distinction is not so to be understood as though the rest of the people had nothing to do with Religion For they are bound to serve their God and seek Eternal Life which that they might attain this spiritual Office was ordained from Heaven And every