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A37249
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De jure uniformitatis ecclesiasticæ, or, Three books of the rights belonging to an uniformity in churches in which the chief things, of the lawes of nature, and nations, and of the divine law, concerning the consistency of the ecclesiastical estate with the civil are unfolded / by Hugh Davis ...
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Davis, Hugh.
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1669
(1669)
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Wing D417; ESTC R5997
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338,525
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358
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him and also for the better securing the welfare of his publick charge in many other respects And the ordinary necessity of this perquisite to the state and Dignity of Princes is evident from hence i. e. from the mischiefs that ensue either where it is not in a sufficient manner or measure annexed to the Supream Power or else where the Church-men or any considerable number of them are left to be for their income and maintenance at the devotion of the people Let the late Act of the present Parliament in England See Anno 17. Caroli secundi Regis for the uniting Churches in Cities and Towns Corporate and the like other Laws of other Countries be consulted concerning this matter and the secondarily natural right of Princes belonging to them in it IX Let us come to the second The Second Rule to be also observed in this matter And that is That no Ecclesiastical Promotion should be too great and so as to stand in any probable capacity of over-topping the Princes power in his Dominions Especially if it be bestow'd by and depend upon a forraign power as is the case of the Cardinals Hats bestowed by the Sea of Rome But yet still the Ecclesiastical Estate in the Dominions of Princes is in its Honours and Dignities to be suited with the Temporal And that both for the Honours sake of Religion the affairs of which the Ecclesiastical Estate is more immediately and directly conversant in attending upon and also that the inferiour Clergy in relation to the ordinary matters of justice dispensed by the Laws may have their Protectors and Defenders as well as others upon any occasion And this is the reason why divers Governments and the divers sorts of them have diversly modified these things for the better accommodating and cementing the affairs of their Societies X. In the third The Third place The matters of special reward in an Ecclesiastical Vniformity should be annexed principally to actual and eminent merits and abilities And caeteris paribus and where men are Orthodox Honest and in the like manner well qualified in other things they should never be wanting to them And that whether they are dispensed immediately either by the Prince himself or by any deputation And this the Laws of Princes have many times taken particular care for Clerici etiam omnes qui Ecclesiae fideliter vigilant atque serviunt stipendia sanctis laboribus debita secundum servitii sui meritum vel ordinationem Canonum Sacerdotibus consequantur Vid. Capitul Lib. 6. L. 227. sayes the Law of Charlemain Let all Clericks who do faithfully attend on the Church and serve it receive rewards due to their holy labours according to the desert of their service or the appointment of the Canons in that matter Lib. 6. Yit 5. L. 1. And the Emperours Gratianus Valentinianus and Theodosius in the Theodosian Code Nihil est tam injuriosum in conservandis custodiendis gradibus dignitatum quam usurpationis ambitio Perit enim omnis praerogativa meritorum c. There is nothing so injurious in the conserving and keeping of the degrees of dignities as the ambition of usurpation For all Prerogatives of merits perisheth in the mean time And as this matter of dispensing rewards to merits concerns the Prince in his place so also it concerns all others who are in places of power and trust severally and proportionably in an Ecclesiastical Uniformity The Fourth XI In case of defect of such merits as have been mentioned the matters of reward should be bestowed upon the most fitting and best qualified persons however The Fifth and Last XII Or if private interest must needs mix with these things as most times by reason of mens inordinate self-love and the other the like corrupt affections flowing from it it not only doth but also bears away the Bayes from all besides and yet finds out pretences and defenses enough for it self in the mean time yet however it should proceed in conjunction with abilities and fittingness in men And to do so is the least thing excusable that it can do in this matter The neglect of the observance of these Rules in this matter hath brought great dammages to Societies XIII These then being the Rules thus to be laid down the neglect of observance of them in the Ecclesiastical Uniformities of Princes hath brought great dammages to Societies As to the Prince particularly it hath sometimes for the time being sometimes utterly and for ever ruined his Affairs And to Merit and Worth Nobility of mind and vertuous emulation it hath discouraged it And lastly as to the corrupt affections of men it hath filled all things with them and the effects of them and hath brought in all manner of unworthiness and baseness and very barbarism amongst men Est igitur in omni genere Civitatum turpissimâ ac perniciosissima honorum ac praemiorum quae virtuti debentur mercatura sayes Bodin That in all kinds of Common Weals De Repub. lib. 5. Cap. 4. the buying and selling of Honours and Rewards which are due to vertue is most foul and destructive And Nihil enim bono viro gravius est Ibid. quam in adipiscendis honoribus improbis exaequari That there is nothing more grievous to a good and vertuous man then in the obtaining of honours to be levelled with wicked and unworthy men And Honoris Gloriae Majestate de Republica sublata Cives in omne dedecus ac flagitiorum faeditatem perrumpere necesse est quod minime futurum est si honores ac praemia harmonicis rationibus distribuantur The Majesty of Honour and Glory being taken away from the Common-Weal it followeth necessarily that the Citizens should break out into all disgrace and foulness of crimes which will not at all be if Honours and Rewards are distributed in their due and fitting proportions XIV Hence then it is The first conclusion laid down from hence and in respect to these things last of all mentioned amongst others that Canonical Simony hath by all Laws generally been prohibited viz. That the natural intent of Rewards might not be frustrated and the evil consequences mentioned brought in upon Churches and Common-Weals So in the Code and Novels of Justinian C. De Episcop Cleric L. Si quenquam Nemo Gradum Sacerdotii pretii venalitate mercetur Quantum quisque mereatur non quantum dare sufficiat aestimetur Profecto enim quis locus tutus quae causa esse poterit excusata si veneranda Dei Templa pecuniis expugnentur quem murum integritatis aut vallum fidei providebimus si auri sacra fames in penetralia veneranda proserpat c. Let no man make Merchandize of the order of Priest-hood Let every one be esteemed of so far forth as he deserves and not so far forth as he is able to give For truly what place can be safe and what cause can justly be determined if the venerable
being invaded 119 Charity distinguished 94. The benefits of it to Societies 94 95 96 c. And to the publick charge of the Magistrate Ib. To Religion 95 To Government 96. and to the consistency of Religion with Government 97. and how much it is commanded in Scripture 97 98. Charity and Peace in matters of Religion the means for the procuring the benefits of them in Societies assigned 160 Chief Priest amongst the Jews his sitting in the great Synedrion 128 129 Mr. Chillingworth his saying concerning the uncertainty of many matters in Religion 151 Mr. Chillingworth taxed 285 His saying concerning the appointment of an Infallible Judge of controversies 307 Christian Religion its positive and eminent consistency with Government 70 It is never subversive of the present lawful Government 70 71 Christian Church the Records of it defective 197. The Christian Church and civil state are in themselves distinct Societies 122 And God hath appointed them to be in a capacity of subsisting apart in the World 123 The Christian Church the distinct Ecclesiastical Orders in it 125 Church-men may intermix in the administration of Civil Affairs 126 127 128 c. Church-Government The Magistrates Right of establishing it in every National Church 240 c. The case concerning it in England 240 241 Circuits for visitation in an Ecclesiastical Vniformity 301 Civillians Their complaints concerning the extinction of the Old Roman Doctors In Proleg post med Common Good The great end of all Laws and Government amongst men 58 59 Common People the one sort of persons ordinarily guilty of the faults committed against the publick charge of the Magistrate 111 Their particular faults instanc'd in Ib. In respect to Religion 111 112. And Government 114 and the consistency of Religion with Government 116 The frequency of their commission of those faults Ibid. Common-Weals the two famous ones of Greece In Proleg post med Communions in matters of Religion how far forth a mixture of them may consist with the welfare of Societies 164 Communication of Church Censures for money how far forth lawful 269 Composition of a Canon and Liturgy the rules to be observ'd in it 231 232 233 234 335 c. Consent given to Government the distinctions of it 36 37 Consistency of Religion and Government with each other intended by God and Nature 2. The consistency of Religion with Government defined 6 And distinguished 6 7 And the distinctions of it explicated and applyed 68 and that consistency proved 68 69 c. Constantinople its sacking and conflagration by the Saracens 31 Constantine his saying concerning the subordination of his Bishops to him 145 The appearance of Christ to him from Heaven 310 Contests about Religion distinguish'd 89 Contestation of Opinions in matters of Religion the means for the preventing the mischiefs of it in Societies assign'd 160 The effects of it 150 154 c. And that in respect to the particulars of the Magistrates charge 156 c. Conventicles or more private convenings for the exercise of Religion how far forth to be permitted by Princes stated 219 220 221 222 c. The present case concerning them in England 220 221. Council of Trent the preservation of the several powers of Princes in it 144 Councels the Celebration of them twice every year heretofore in the Christian Church and why 127 Creed of the Apostles was framed for a profession of assent to be made to it 197 Cromwel his pretences of Religion in England 115 D Delusions of the Heathens how permitted and inflicted by God 21 Dionysius Halicarnasseus his Story concerning Numa his suppressing of controversies and opinions in matters of Religion 177 Directory whether it be not sufficient for the preservation of the publick peace in any National Church 203 Discipline an Vniformity in it convenient in Churches 168 169 Divinity three sorts of it amongst the Heathen 14 Divulging of Opinions how far forth a duty in private persons 274 275 276 vid. venting of Opinion The more particular restraints and liberties and the rights of the Magistrate relating to it 292 c. The wayes of mens divulging their opinions distinguied 294 The Doctors upon both Laws In Prolegom prope fin Doctrines of Religion a distinction of them 91 Certaine doctrines in the Christian Religion made use of by the Demagogues Heresiarchs and Ring-leaders of sedition in Societies for their serving their several ends 118 Doctrines in religion distinguished 164 The several sorts of the Doctrines of Canons and Liturgies assigned 249 250 c. The Doctrines of any National Church distinguished Ibid. Druids amongst the Gaules the reason of their dispersing their doctrine of the immortality of the soul amongst the people 85 Their being distinct in their Orders of Ecclesiasticks 104 Their being both Priests and Judges heretofore amongst the Gauls and Brittains 130 E Earle of Portugal the Story concerning one lately in relation to an Inquisitor 272 Ecclesiastical person the Querie why he should not have the Supremacy resolved 145 Elector of Saxony his Acts of bearing the Sword before the Emperour c. in the Diet of Ausburg condemned 280 Empire the wayes by which men have arriv'd at it 34 The Ends of a Canon of doctrines and Liturgy in any National Church distinguished 211 The general Ends of them assign'd Ibid. An Objection against them answered Ibid. The more particular Ends of them 214 215 216 217 c. EnglishVniformity the History of it 199 200 English Canon of Doctrines the History of it 201 202 English Liturgy the History of it 202 Enthusiasme condemned 290 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Office of a Bishop in the Christian Church 299 300 Erastus concerning the authoritative Execution of Church censures by Laicks answered 134 Estates of men the first and Capital distinction of them 36 Euripides and Lycurgus compared 12 Euripides his saying concerning Jupiter In Prolegom in princip Eusebius and the other Histories of the Christian Church the notable instances of Regiment of Churches in them In Prolegom in fin Excommunication a caution concerning the inflicting of it 267 The complaint concerning its being inflicted for light matters in the Vniformities of Churches answered and for its being inflicted at first dash also 269 270 The Extreams in respect to an Ecclesiastical Vniformity distinguished 177 Those of too much loosness assign'd 177 178 And that also of too much strictness 178 F The Fathers of the Christian Church their derivation of the Magistrates Power from God 54 55 Faultinesses those in an Ecclesiastical Vniformity assigned 178 179 180 c. Fire of Sodom its natural causes 30 Five-Churches his actions in the Council of Trent 144 Flood of Noah the fame and dispersed report of it 30 Freedome the principle of natural Freedom refuted 39 40 41 42 c. Fragments those of the twelve Tables amongst the Romans now remaining In Prolegom post med G Georgians Their Liturgy 198 Georgievez His Turkish slavery sustained by him Gifts The use of spiritual gifts is under the