DE JVRE VNIFORMITATIS ECCLESIASTICAE 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 ET EXCUTIT ICTIBUS IGNEM By HUGH DAVIS LL. B. Late Fellow of New-Colledge in Oxford and now Chaplain to the Lord Duke of BUCKINGHAM LONDON Printed by S. Simmons and to be sold by T. Helder at the Angel in Little Brittain and S. Lowndes over against Exeter house in the Strand 1669. To the HIGH and MIGHTY PRINCE CHARLES the II. By the Grace of God KING of Great Brittain France and Ireland Defender of the Faith c. EXCELLENT SOVERAIGN WHile your Great Affairs are prosperously managing both abroad and at home behold here I present this Book as one meanes in its kind toward the settlement of the Peace of your Kingdomes The Rights of an Ecclesiastical Vniformity have been many times debated in the World with Fire and Sword And Your Kingdomes have been of late through the debates concerning them the dire Field of Blood Which Rights because it is of so great moment both to all Divine and Humane Affairs that they should be duely stated and because they have never yet been stated by any I have therefore here adventur'd the stating of them and that according to the evident dictates of the Lawes of Nature and Nations and of the Divine Lawes concerning them and as they make to the preserving and promoting the Publick and standing welfare both of Religion and Government and the Consistency of Religion with Government the Principal and Fundamental matters of all Humane Societies And I have made a search into the frame and fabrick of all Humane Affaires and have unravel'd the transactions of the former and present Ages of the Churches both of the Jewes and Gentiles Christians and Mahometans for the doing of it And I here Dedicate it particularly to the Peace of Your Majesties Kingdomes at least so far forth as a Book may be a means for the procuring the Publick Peace and where it may meet with men either of Reason or Conscience and not of furious Ignorance or temporal Interests Behold Great Prince I Present it at your feet most Humbly craving leave that I may light this Candle at the Sun and draw a Lustre upon this Discourse from Your Majesties Soveraign Patronage Herodotus relates it of Midas In Clio paulo post princip That of all things he chose to offer at Delphos his Regal Chair in which he was wont to sit and give Laws to his Kingdom It is because this Book concerns these great matters of Law and Publick Right that I presume to offer it thus in Duty to Your Majesty What the Church Historian tells the Excellent Emperour Theodosius Sozomen In Praefat. ad Imperatorem Theodosium That it was said of him that he spent the day and night in Councels and Causes in looking after his Religious and Civil and Military Affairs The like is said of Your Majesty that You are at all times ready at Your Councels and Deliberations That You go abroad to Visit Your Garrisons and Navies and that You spend your time in looking after the setling the Church and State the Charge committed to you by God May Religion and your Majesties Government long flourish together in your Dominions that the Divine Blessing may accompany you and there may never be wanting one to Sit upon the Throne of your Fathers so long as the Sun and Moon shall endure YOVR SACRED MAJESTIES Most Humble and most Obedient Subject Hugh Davis TO THE High Court OF PARLIAMENT AND To the rest of the Subjects of the KING of GREAT BRITTAINS Dominions THE Subject-matters of this Book Most Noble and Generous Patriots contain the summe and substance of Humane Affairs and which concerne the Peace and Tranquillity of the Dominions of Princes And they are those also which are now upon the Wheele and more particularly and principally in agitation amongst us like Balls of Fire thrown to and fro in the mid'st of us You have more then once Determin'd concerning them And Your determinations claime this Direction and Submission of them to you And the more peculiar respects which they bear to the occasions of his Majesties Subjects the like Direction of them also to them I have endeavour'd the impartial stating of them according to the dictates of the three sorts of Laws currant amongst men And where our Affairs Domestick have more particularly occurr'd have avoided what I could the intermixing with the Heats and Passions of the Times I do not presume in the least in these things Honourable and Renowned SENATOURS to interpose in your Great and Publick Councels those Soveraigne Balmes of ENGLAND Nor to undertake to instruct many of the able and sufficient minds of others those more Ethereal and Celestial Beings amongst men But only if it may be for Information if for Satisfaction where there is Occasion for the giving of it I have adventur'd the Representing of those great matters which do so highly concerne the Establishment and Preservation of the Peace of Your Country and of all Humane Societies THE PROLEGOMENA TO THE Three Books ENSUING DIverse have written of the diverse sorts of Laws amongst men Of the Laws of Nature and Nations and of the Divine Laws And that both more generally and particularly Diverse also have applyed those Laws diversly And that both in respect to the Civil and Ecclesiastical part of Humane Affairs But none yet hath applyed them to the Rights of an Ecclesiastical Vniformity viz. those of the Prince the Priest and the People belonging to it Nor digested those Rights into any due connexion and order viz. as they make to the preserving and promoting the publick welfare both of Religion and Government and the Consistency of Religion with Government And yet scarce any thing next to the Divine Law it self is of greater moment to Humane Societies Right is the Publick Cement of all Humane Affairs and that which all men contend about and expect even from God himself And Religion and Government and their mutual consistency are the things primarily fundamental to the very being and welfare of all Humane Societies besides what respects they have to another world Wherefore Plato calls In Gorgiā prope fin all preparations both of War and Peace which are made in a City Toys if Justice and Temperance be not preserved in it In Hercule furent 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paulò post princip And Amphitryo in Euripides cryes out to Jupiter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But dost thou not know how to save thy Friends Either thou art an unskilful God or else thou art not just And Cicero in his Books of Laws Nihil tam aptum est ad jus conditionemque naturae quam Imperium sine quo nec Domus ulla nec Civitas nec Gens
Supra lib. 1. Cap. 1. §. 10. And Lib. 1. cap. 3. §. 9. and §. 10 11 12 c. Lib. 1. who hath this supreme power of Jurisdiction over all is the Civil Magistrate but now mention'd And such Power he hath as his Right belonging to him as is above distinguish'd I have above rejected that part of the distinction of such Power it's being taken only Actually and for the exercise and Administration of it And I here affirm it concerning the Civil Magistrate and it 's being a habit and faculty fundamentally belonging to him And as to the kind of the Magistrate possessing it it is meant also not of a Feudatory or Prince under a Prince in any Society Such as the Prytanes of Athens sayes Pausanias were under the Senate And the Kings of (a) Vid. Plut. in Lycurgo Lacedaemon in the time of the Senate set up by Lycurgus And that Senate also it self afterwards in the time of the Ephori Such also as the Roman (b) Vid. Tit. Livium Dec. 1. lib. 1. 2. c. Et D. De Orig. Jur. Civil c. L. necessarium ¶ Exactis deinde Regibus Et ¶ Capta deinde fardinia Et Rosin Antiq. Rom. l. 7. c. 9. Consuls were that succeeded the Kings And the Provincial (b) Vid. Tit. Livium Dec. 1. lib. 1. 2. c. Et D. De Orig. Jur. Civil c. L. necessarium ¶ Exactis deinde Regibus Et ¶ Capta deinde fardinia Et Rosin Antiq. Rom. l. 7. c. 9. Praetors in the time of the Emperours And the Princes of Germany at this day who by the (c) Et Vide Ordines Camer Imper. p 2. Tit. 34 35. alibi Orders of the Imperial Chamber are capitally questionable by the Emperour in the Chamber of Spires But it is meant of a Soveraine Prince such as the first (d) Vid. T. Liv. Dec 1. lib. 1. D. eodem ¶ Quod ad magistratus attinet c. Kings were amongst the Romans and the (d) Vid. T. Liv. Dec 1. lib. 1. D. eodem ¶ Quod ad magistratus attinet c. Emperours afterwards upon whom by the (e) Vid. D. De Constitutionibus Principum l. 1. ¶ 1 Institut De Jur. Naturali Gent. Civili Lex Regia particularly all the Soverainty was devolved And such as the several Kings of England Sweden Spain Denmarke and of other the like Territories in Europe at this day are and by their several Lawyers of their Countries are affirm'd and acknowledged to be And there are they who are next to God in Humane Societies as was said more generally above and (f) L. 1. Cap. 3. §. 17. deinceps above the reach of all Men and Lawes so far forth as may tend to the holding the Right of their Soverainty as was hinted (g) Lib. 1. Cap. 3. § 17. above also Princeps legibus solutus est sayes (h) D De legib Senatus Consultis c. L. Princeps Vlpian That the Prince is at liberty from the Lawes And Cum nihil in Terris majus aut excelsius Majestate Regum post Deum immortalem cogitari possit sayes (i) De Repub. 1. cap. 10. in princip Bodine Since nothing can be thought of which is greater or higher in the Earth then the Majesty of Kings next to God Immortal And the consent of all Nations generally hath establish'd this Right upon Soveraine Princes So sayes (k) De Aethiop Morib Et in Confess fidei Zaga Zabo prope fin Damianus of the Emperour Preister or Precious John and of his Superiority over the Patriarch of his Country The like (l) De praesenti Turcici Imperii Statu Relig. Graecor alibi Pandect Hist Turc Gradus Legis c. 34. alibi De Sacerdotibus eorum De Obedientia quam Turcae suo Regi praestari Coguntur c. Chytraeus (l) De praesenti Turcici Imperii Statu Relig. Graecor alibi Pandect Hist Turc Gradus Legis c. 34. alibi De Sacerdotibus eorum De Obedientia quam Turcae suo Regi praestari Coguntur c. Leunclavius (l) De praesenti Turcici Imperii Statu Relig. Graecor alibi Pandect Hist Turc Gradus Legis c. 34. alibi De Sacerdotibus eorum De Obedientia quam Turcae suo Regi praestari Coguntur c. Georgieviz and others of the Grand-Senior in respect to the chief Mufti at Constantinople The like also (m) In his History of Russia Chap. 21. Of their Ecclesiastical State c. Fletcher the English-man of the Emperour of Muscovy in respect to his Patriarch late of Mosco but before of Constantinople or Sio as he was stiled And (n) De Venetor Repub. lib. 3. circa med Contarecius of the Councel of Teun at Venice in respect to their Clergy And so others concerning the Supreme Magistrates of other Countries Even the (o) See Chap. 3. c. Corpus disciplinae of the States of Holland and (p) See p. 1 2. c. the Lawes and Statutes of Geneva of the Magistracy of that Tertitory And finally so sayes Dr. q) Ecclesiae Anglicanae Politeiâ Tab. 1. A. Cosin and the (r) See An. 35. Hen. 8. An 11 Edw. 6. An. 1. Eliz. c. Statute Law of England concerning the Supremacy of the most Potent Kings of England Last of all this hath been acknowledged by all Ages and Societies generally excepting only by the great Bishop and Prince of Rome and his Doctors Chairs and those others of the Christian parts of Europe dissenting from him and called Reformed whosoever of them they have been that have set the Ecclesiastical Synods and Consistories above the Temporal Authority and so in fact have depressed it although in word they have professed the contrary This Supreme Power is committed to him by God as Creator and Conserver of all things and what is the extent of such power Supra lib. 1. cap. 5. §. 7. Et deinceps XV. This Supreme Power of Jurisdiction over all is committed to the Supreme Magistrate by God as Creator and Conserver of all things and that also to that very end that by the due exercise and imployment of such his Power he may conserve all those things in their welfare which are committed to his Charge and the things committed to his charge in his way and capacity and more particularly in an Ecclesiastical Uniformity are Religion and Government and the consistency of both these with each other as is above said assertorily and here explicatorily So that he is appointed to be both Pater Patriae the father of the Country in respect to Civil things And Custos utriusque Tabulae The keeper of both Moses his Tables in respect to things Divine For the Discharge of his trust in the exercise of such power there is a necessity of his having an Indirect power in Spirituals as a Branch of such Supream Power conceded to
Power from God and the propositions attending on it be held and taught And that from these following Topicks XVIII First of all from God himself his having so stated it in the Scriptures The contrary proved first from Gods having so stated it in Scripture as hath been mentioned And it cannot be doubted but that he hath intended the good of all Humane Society in it And if so then infallibly and if so also then infallibly it is so Religion and Humane Society are Gods own Ordinances and he intends nothing that he hath decreed to hurt them De Natura dâ—or Lib. 2. Et enim si concedimus intelligentes esse Deos concedimus etiam Providentes rerum quidem maximarum sayes Cicero That if we grant the Gods to be intelligent we grant them also to be provident and if so then most of all as to the greatest matters And Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Odyss ξ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For the blessed Gods love not Evil But honour Justice and the fitting works of Men. But if it be hurtful to Religion and Humane Society that God hath derived the power of Princes from himself only in Scripture then God must be said either to have err'd in the doing of it or else to have intended the hurt of these most excellent things But the former of these thwarts the conclusion above mentioned Supra Cap. 11 §. Vlt. concerning the immutability of Gods Decrees relating to these Grand Ordinances of his in the world XIX The second Argument is from the general consent of the Civil Laws of Countries amongst men Secondly from the Civil Lawes of Countries and their having so stated it also which all certainly argue the consent of men who made them and which all cannot be judged to be intended for any thing else but the common good And that whether they have been fram'd by the Prince himself alone or by the Representative of the people in any Society as to the matter of them and passed into Laws by the Prince afterwards If by the Prince alone and those his Laws have stood for any time his good hath been inseparable whether he hath rationally considered it or not from the good of Religion and his Society in this matter If by the Prince afterwards Enacted into Laws this Community cannot be imagined to have aimed at any thing prejudicial to their own good in it neither But the Civil Laws of Countries both former and later have all generally derived the power of Princes from God and have taught the Doctrine of the propositions on that part of the Question attending it So Romulus establish'd it by Law says the Cardinal Contarene De Rom. ven Magistratuum inter se comparatione N. 42. out of Pomponius Laetus that none should enter either upon the Chief Magistracy or other Nisi Author esset Deus So the Roman Civil Law Deo adjutore nostrum Gubernante Imperium quod nobis a Caelesti Majestate traditum est God our Helper Governing our Empire which is delivered to us from the Majesty of Heaven L. 1. De vetere Jure Enucleando c. Novell ut differentes Judices audire c. Constitut 86. in Praefatione says Justinian to Tribonianus And again Ex quo nos Deus Romanorum praeposuit Imperio omne habemus studium universa agere ad utilitatem Subjectorum commissaeque nobis a Deo Republicae c Since the time that God hath set us up over the Empire of the Romans we have taken all care to do all things to the profit of our Subjects and of the Common Weal committed to us by God And the like the other Emperours and in the Old Civil Law And the Principles following upon this are no where throughout the whole body of it permitted to be violated The like also Plato in his Books of Laws De Legib. Dial. 3. taking pattern we have reason to think from the ancient Laws of Greece He would have the Soveraign power to be conferred upon the Prince by Lot Septimum principatum ad sortem aliquam producamus eam Dei gratia felicitate quadam contingere asserentes The seventh and last preheminence let us reduce to some Lot affirming that to happen to any one by the Grace and Favour of God and by a certain peculiar felicity And this even in his elective form of Government that although the Lot was cast by men yet the Soveraign Power was derived in a special manner says he from God The like also is known to be the common stile of Princes at this day in their Proclamations Missives Edicts c. Such and such a one by the Grace of God By the Laws of England the King is Reputed next to God De Legib. consuetud Angliae Lib. 1. Cap. 8. De laudibus Leg. Angliae Cap. 3. Omnis quidem sub Rege says Bracton ipse sub nullo nisi tantum sub Deo That every one is subject to the King and he is subject to none but only to God And Fortescue nam cum dicat Apostolus quod omnis potestas a Domino Deo est Leges ab homine conditae qui ad hoc a Domino recipit potestatem etiam a Deo constituuntur Dicente Authore causarum quicquid facit secunda facit causa prima altiori nobiliori modo For since the Apostle says That all power is from the Lord God the Laws that are made by man who receiveth power from God for the making of them are indeed made by God also the Author of the causes affirming it That whatsoever the second cause doth the first doth also in a higher and more eminent manner And so others And the King is reputed to be Principium Caput finis omnium The beginning the Spring-head and the end of all things And the like to these things also might be instanced in in the other Laws of Countries especially those of Europe as their Laws and Lawyers affirm and where the Christian Profession is most generally maintain'd And where is it that any of these do derive the Soveraign Authority from the people or permit the propositions attending on it which have been mentioned And those also that shall do so must annex this one absurdity to their Act in doing of it i. e. they must deny that there is any such thing as a Soveraign Prince amongst men XX. The third Argument is to be taken from the comparison of the Evil Effects The third Argument from the comparison of the evils of the cases of extream Tyranny assigned by the Opponents and what are to be expected from the peoples part of the question its being held and taught which are ordinarily to be expected from the peoples part of this Question its being held and taught with the evils of those cases if permitted which our Opponents call cases of extream Tyranny in Princes and in which regularly as they say they concede a
suffer the noise that the Pope makes of his Supremacy over them yet when it comes to Trial will not by any means grant it him in their Practice There have been two famous and notable examples in this matter that have appeared of late dayes The first is that of the State of Venice in the case of it's interdiction by Pope Paul the Fifth in which case all the Princes in their several Countries and their Embassadors both at Venice and in the Court of Rome it self those who were Residentiaries there declaimed against the Pope At Venice sayes Paulus Venetus Historia Interdict Venet. lib. 1. prope fin while the distance was yet growing betwixt his Holiness and the State were the imperial French and Spanish Embassadors and they openly voted against the Popes usurpations in the Church matters lay'd claim to by him In the Court of Rome when the Monitory was there afterwards published against the State the Residentiaries then present sayes he also were Ibid. lib. 2. in princip the Marquess of Castile from his Imperial Majesty Alincurius from the most Christian King The Count of Verva from the Duke of Savoy and all these endeavoured with great earnestness and even to the growing of hot words betwixt them with the Pope for either the quite taking away or else the Prorogation of the Monitory And they held Correspondence after the Publication of it by frequent visits and conferences with the Embassadors of the State The Princes themselves also who in their several Countries disgusted it and declar'd against it were the King of Poland who Ibid. Vid. lib. 2. paulo post princip when the Popes Nuncio sollicited for the Publication of the Monitory in his Dominions gave him an abrupt repulse After him the Emperour who both in his own Person and by his Ministers sided with the Venetian State and advised the Nuncio that some temper might be found out for the business and the like In the next place the Catholick King and his Court so soon as ever they knew the matter were presently sensible that that was a doing which equally concern'd all Princes c. In France that King also amongst other things advised the Nuncio there to a Composure What the sense of England and Holland and such other Protestant Princes was is to be presum'd and not here pertinent to be recited But the like entertainment that this affair had with these Catholick Princes mention'd had it also with all others With the Great Duke of Florence The Vice-Roy of Naples the Count of Millaine the Dukes of Mantua and Mutina and the like So that thus these Princes and their Embassadors would by no means endure any such thing as the Invasion of this Indirect Power mention'd in Spirituals The other great instance in this business were the Transactions of the late Councel of Trent See the Historie of the Councel of Trent Passim Where also the Embassadors of Princes would not suffer any thing derogatory from the Lawes of their Countries and their several Masters Supreme Authorities which they really held about Sacred things to be passed into Canons And the Prelates and Divines also of those Countries most of them complied no better with his Holiness Let the Actions of Five-Churches and others be viewed These two comprehensive instances then being given let us pass from hence a little further to the more particular affairs of Princes Let the Common-wealth of Venice in the matter of the Inquisition be considered of It hath lay'd several Laws and Restrictions upon that Office and the Jurisdictions belonging to it within their Territories to this purpose and notwithstanding the Pope's thundering against them as is to be seen in the Reasons of their so doing set forth by the Impartial hand of Father Paul in his History of the Inquisition See the Historie of the Inquisition Passim but now and sometimes heretofore mention'd The Kings of France the Emperours and others have oftentimes in like manner maintained this their power against the Pope 'T is that the Sorbon so often now adayes threaten him with determining on the part of their King And the further instances of these things are to be seen in the Collections of Records made concerning them by the Royal hand of the late wise King James of England The very Inquisition of Spain holds the like course It hath its own Lawes and proper Customes by which it is Govern'd See King James his Defence of the Right of Kings Passim See the Historie of the Inquisition cap. 28. and cap. 6. Ibid. In the Preface Neither is it altered or receiveth new Orders from Rome and there is an account given of all things treated of within the State to the King and advice sent no whither else and the King alwayes nameth an Inquisitor General throughout all his Kingdomes to have inspection over that office to the Pope and his Holiness doth confirm him and he being confirm'd nameth the particular inquisitors in every place which nevertheless cannot enter into their Charge without the Kings Approbation Thus then both the most Christian and the most Catholick King and be they who they will and let the Pope call them by what names he will and be they in never so strict a League and Amity with and professed subjection to the Church of Rome yet still I say thus all of them deal in respect to this indirect power in Spirituals As hath been already said The shadow of it may be conniv'd at in another but the reality and substance of it hath been of necessity alwayes retained in the Princes themselves Lastly The Inquisitors of Italy it self do particularly send word to Rome by every Post Ibid. cap. 6. what is done within their Office And we must conclude that if it were not so neither that part of his Holiness his Person which is the Temporal Prince nor that part of it neither which is the Roman Pontifex could be able long in either of their Capacities to support it self against it's own inquisitors And it is no wonder then that other Temporal Princes whose Dominions are distinct from those of the Sea of Rome and the Lands of the Church have not admitted of the Inquisition generally but by compact in the Original and first admission of it Thus then De Episcopatu â—onstantini Magni In praefat Si Magistratui sayes Vedelius eripiatur potestas Ecclesiastica as he calls it non integer amplius Magistratus sed ex parte tantum erit That if this indirect power in Spirituals be taken away from the Supreme Magistrate he shall be no more an whole but only half a Magistrate in his Society And what Constantine told his Bishops will be found everlastingly True 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Apud Euseb lib. 4. De vitâ Const an t cap. 24. That they were constituted Overseers or Bishops by God in their more particular kind and capacity within the Church and he in
And again Si quis c. cum Judaeis jejunacerit Can. 69. aut communem festum diem cum ipsis egerit c. deponitor si Laicus a communione segregator That if any one should fast with the Jews or celebrate any solemn festival with them or the like Vid. C. De summâ Trin. L. nullus c. Et de Episcop Cler. l. Conventicula c. Et de Hereticis Manich. L. Cuncti heretici Et L. Arriani Macedoniani L. damnato L. quicunque in hac Sacra Vrbe c. Et Novel Constitut 67. Cap. 1. c. Et Constit 131. Cap 8. cap. 14. constit 132. in praefat c. Et Feudor lib. 2. Tit. 53. c. Vid. De Cret Part. 1. Distin 17. alibi Et part 3. distinct 1. alibi he should be deposed and if he were a Laick that he should be excommunicated In the Code and Novels also of Justinian and the other parts of the new Civil Law infinite are the particular Laws made against Conventicles They are called so by way of reproach they are prohibited under the penalty of forfeiture of the houses in which they were kept and the like The body of the Canon Law we may be sure concurs with the Civil in this matter Both in the Decretum the Extravagants and other parts of it And the like Laws are to be found in the Theodosian Code and the like Canons in Councels In the Councel of Antioch the fifth Canon In that of Laodicea Canon the 9th In the fourth of Carthage Can. 71. and the like And last of all the like are the more modern Laws and Constitutions of Countries Boterus gives the Directions Quomodo Rebellium conventicula impediantur How the lesser Convenings of Rebels may be hindred And in the Laws of Charlemaine many are the like provisions made against such kinds of meetings And in the very Statutes of Geneva The Captain General shall be diligent sayes the Statute and vigilant over all the Town He shall gather no assembly suspect nor make any Conventicle which may be a preparative to Sedition Tumult or Mutiny c. And again If any do perceive any manner of practise Et extravagant commun Lib. 1. De Treuga et pace prope sin Et Lib. 3. de reliquin et venerat Sanctor Cap. 2. c. Vide Cod. Theodos Lib. 16. De Haereticis Tit. 5. Nullus Haereticis c. Vid. Concil Ancyran Can. 18. Concil Antioch Can. 5. Laodic Can. 9. Carthag 4. Can. 71 c. Apud Carranz Vid. de Politia illust lib. 5. Cap. 7. Vid. Capitulare Lib. 5. L. 3. L. 118. L. 230. lib. 6. 101. 198 c. See the laws and Statutes p. 22. Of the Office of the Captains c. and p. 37. the preservation c. See Sir Edw. Turners Speech to the King Anno 1664. See the Ecclesiastical Canons Can. 72. And certain considerations c. said to be the Lord Bacons p. 29 30. or conspiracy against the Principality of this City or against the Word of God c. And in the last place in England the Speaker of the House of Commons in this present Parliament in one of his late Speeches to the King hath called the Conventicles held there The Seminaries of the Divisions in England And it was upon the accounts that have been mention'd that the Meetings heretofore called Prophesyings in England were prohibited also by Authority And thus then for this Second Question CHAP. IV. Of the inward Vnity of Assent which is supposed to the outward Vnity of Profession and use of Publick Worship in an Ecclesiastical Vniformity I. THe great weight of the things contained in this Chapter II. The immediate inward Unity of Assent denyed to be the kind of assent here to be mentioned III. Yet there may be such an Unity of Assent in men in part IV. But yet this is not the kind of it that is to be fixed upon here neither V. The Positive stated and what this kind of such Assent is VI. The Third Notions assigned in which it is to terminate VII The Reasons why it is here to be fix'd upon VIII Two cautions subjoyn'd to this the fixation of it IX The first of them X. The Second XI The conclusion drawn from these things XII Two appendant Questions resolved XIII The first of them XIV The Second I. THat which is the main drift and scope of this Chapter The great weight of the things contained in this Chapter is of great moment towards the pacification and satisfaction of Conscience in its submission to the Ecclesiastical Laws of Princes viz. the assignation of what kind of assent it is that is supposed to the external profession and use of things either in respect to matters of Doctrine An immediate inward unity of assent denied to be the kind of assent here to be mentioned §. 2 3 4 5 6 7. Lib. 2. Cap. 7. §. 9 11 12. or Worship and Practise in an Ecclesiastical Uniformity II. An immediate inward unity of assent then being denyed in the former Chapter and deny'd to be that kind of assent in man which was said above to be supposed to the External Acts of profession and use of publick worship it is evident that it is not it which is here to be assigned and fixed upon as a sufficient ground for such profession and use or practise of things Yet there may be such an unity of assent in men in part III. But although such an universal inward unity of assent is not ordinarily possible nor to be expected to be in men yet however it doth not from thence follow but that there may be such an unity in them in part i. e. in respect to some things whether matters of belief or practise and in some notions that they have concerning those things Things may be perhaps so plainly and particularly expressed as is the case of the fundamentals of the Christian Religion or else there may be the same causes of the same immediate notions of things co-operating in several persons at the same time and as to some things And these things are possible in Nature But yet this is not the kind of it that is to be fixed upon here neither Lib. 2. Cap. 7 §. 8. in fin IV. But because as was said above that such a profession and use of worship was enquired after as might be an ordinary stated medium for procuring a charitative communion amongst men and because the assent supposed to both of them ought to be proportionable and adequate to the universality of them both And because this Unity of assent here mentioned is also but partial either as to things or persons and but accidental either as to those things or persons or times and cases up and down in the world therefore it is that this is not the kind of unity of ascent which is here to be fixed upon
Ibid. Etiam postea Amplius ait Concl. Catechism meaning the Council of Trent and the Catechismus ad Parochos locis citatis esse necessarium cognoscere ritus illorum significationem ratione quadam scilicet quia magna erit utilitas Caeremoniarum si earum significatio non ignoretur That the Councel and Catechism in the places cited sayes that it is necessary to know the Holy Rites and their signification in some manner viz. because great will be the profit of the Ceremonies if their signification be not unknown and the like others And the like also the Confessions of the Reformed Churches So the former Helvetian Quae media vocantur sunt proprie Sect. 17. De ritibus Caeremon med In Helvet priore iis uti vir pius quanquam libere ubique semper potest tamen scienter ex charitate nempe ad gloriam Dei ad Ecclesiae proximorumque aedificationem omnibus utetur solum That a Godly man may use those things which are called indifferent and are properly so although in all times and places freely but yet however he must use them intelligently out of charity viz. to the glory of God and the edification of the Church and his neighbours only So also that of Bohemia In Bohemica Ibid. Sed tantum pro ornamento Decore honestaque spccie laudabili Disciplinâ habeantur But let them be accounted only for an ornament Et in Gallicâ for decency and an honest shew and commendable Discipline and order And so the French Confession Et eas tantum admittimus quae fovendae Concordiae unicuique in obedientia debita retinendo subservient And we admit only those which serve to the cherishing of concord and to the retaining of every one in due obedience Et in Anglica Ibid. Etiam And so the English De multitudine otiosarum Caeremoniarum scimus Augustinum graviter suo tempore conquestum esse c. Retinemus tamen colimus non tantum ea quae scimus tradita fuisse ab Apostolis sed etiam alia quaedam quae nobis videbantur sine Ecclesiae incommodo ferri posse c. We know that St. Augustine in his time did grievously complain of the multitude of idle Ceremonies but yet we retain and practise not only those things which we know were delivered by the Apostles but also certain other things which did seem to us that they might be constituted without any dammage to the Church because we desire all things to be done in the Church as Paul sayes decently and in order But all those things which we saw to be either very superstitious or frigid or uncomly or ridiculous or contrary to the Holy Scriptures or else unworthy of sober men of which sorts there are an infinite at this day in the Popedom we have utterly and without any exception rejected because we will not have the worship of God to be defiled any longer with such kind of toys And the like the other confessions And there is no doubt but that an Uniformity in these things will conduce to order nor but that the peoples exercising themselves intelligently in their practise and use of them will put them in mind of the obedience they owe to Discipline and Government Nor but that their stirring up men in a common moral way suitable to their Humane Institution and according to the several intentions of their divers significations will conduce to edification and the like Other things might be said concerning them In the interim Pro. See Dr. Mortons Defence worthy to be read Con. The Reply to it both parts Pro. Dr. Burges his Rejoynder in answer to that Con. Dr. Ames his fresh suit in answer to that Also Altare Damascenum The English Popish Ceremonies said to be Gellespies c. See the Conference at Hampton Court by Dr. Barlow p. 70 71. the controversie concerning these matters in the Church of England hath been largely handled and debated and that by the first undertakers of it in the main their Books are to be seen both Pro Con but whosoever will read them let them weigh things on both sides according to the Laws and Rules of an Ecclesiastical Uniformity here laid down and in a due manner and then he will have afforded the Church her due In the mean time the Church is not worthy of blame for being tender of her Authority in this matter In the conference at Hampton Court when the impeachment of Christian Liberty was urged against the imposition of these things in England King James was much moved and told the Opponent That he would not argue that point with him but answer therein as Kings are wont to speak in Parliament Le Roy S'aviserá Adding withall That it smelled very rankly of Anabaptism c. And therefore charged him never to speak more in that point how far he was bound to obey when the Church had ordained Laws Last of all such Ceremonies or circumstances attending Divine Worship may by some advenient or extrinsical reasons and in some particular cases be made more or less particularly requisite to the support of the welfare of any part of the charge of the Magistrate in any National Church which is the case of the Church of England at present in respect to the continuation of the use of her Established Ceremonies And hath been heretofore both on that and the other part of these things in many other Churches The Second VIII We come to the second Rule then to be observed also in this business concerning the Canon and Liturgy And that is That the Magistrates and Churches Right of asserting their due and Establish'd Church Government be also conceded to them And that whether that Government be either of a later or more ancient date as to the actual erection of it in any National Church And this is a Right ordinarily of necessity belonging to the Supream Magistrate for the support of his Government in the State And by the Church Government in any Society we do not mean here onely the substance of it but also the way and manner in which it is exercised for by it it is that it useth to be more exactly fitted in all Societies to the Government in the State And ftom thence it follows that a change in this matter in the Church ordinarily is not without a change in the State Many instances might be given in which it hath been so And then much more also will a change in the substance of it make a change in the State King James at his first coming into England did often recite that saying No Bishop No King And in the Conference at Hampton Court he vouch'd it from his own experience that he had of the Presbyterial Government in Scotland and that which was endeavoured to be establish'd there See the Conference at Hampton Court p. 4. p. 20. That the Soveraignty of a Prince could not consist
with it He said that in Scotland he was a King without State and that he was kept as a Ward by the Puritans there That he was without Honour without Order and brav'd to his face by every beardless Boy of the Ministers That if the same Presbitery that was in Scotland should come into England it would agree as well with Monarchy as God with the Devil And then Jack and Tom and Will and Dick said he meaning the Lay Elders of the Consistories p. 79. even in very pittiful Country Parish shall meet and at their pleasures censure me and my Councel and all our proceedings Then Will shall stand up and say it shall be thus Then Dick shall reply and say No marry But we will have it thus And therefore here said he I must once again reiterate my former Speech Le Roy S'avisevá Stay I pray you for one seven years before you demand that of me It is not for no cause then that the bringing in of this Government hath been so much opposed by the late Kings of England See the first second Admonitions and a Directory of Church Government found in the study of Mr. Cartwright And the reformation of Discipline c used in the Engl. Church at Geneva who are bound both to God and their People and as their Established Government is both their Right and their Charge not to part with those Rights with which God hath invested them for the common welfare and especially since the Government endeavoured would turn their Scepter into a straw and the hand that wields it into the hand of a child Let the form of the Government as it hath been published under several hands be consulted Let its parity of Ministers it s deferring particular affairs of Congregations to the wild body of the People in them but the Ministers having a superintendency over them in the mean time be considered of and whither these and the like things do tend The common saying is to the setting up of a Pope in every Parish And the Government order of the Church of Scotland And Ley's Platform of the Government called Presbyterial And the form of Church government agreed upon by the Lords and Commons An. 1648 compared with certain considerations and cautions agreed upon by the Ministers of Lond. and Westminst See the discipline of the Dutch Churches and the Laws and Statutes c. See Pro. Dr. Whitgift's Answer to the Admonition to the Parliament Con Cartwright's reply made to him Pro. Dr. Whitgifts Defence of his Answer Con. Mr. Cartwrite's second reply to it Pro. The Bp. of Rochester's Sermon concerning the Antiquity superiority of Bps. at Hampton Court and the perpetual Government of the Church by Tho. Bilson and Bp. Halls Episcopacy by Divine Right And Episcopacy asserted by Jer. Taylor c. Con. Bayne's Diocesan's Tryal and assertion of the Government of the Church of Scotland Edit 1641. And the Lord Brook against Episcopacy 42. And Rutherfords Plea for Pauls Presbytery 42. c. C. De Legib. constitutionibus L. qui Imperatore D. De recept Arbitris L. non distinguimus ¶ Sacerdotio obveniente ubi Paulus And then by that opportunity will be given the weaknesses of some men and the corruptions of others being considered to those who by wit and cunning can outstrip the rest to divide the Empire amongst them And whither such Latitudes and Confusions may tend in the end who can foresee The Magistrates hands being manacl'd and the Ecclesiastical person being so independent upon him they that can out-strip the rest may turn into a Conclave and he that can out-strip them into an Universal Pope at last if he will If the instances of Presbitery practised in other Countries be made against these things and how they have consisted with the State it is evident that there are none such practised neither in the Low Countries nor at Geneva nor elsewhere as in the particulars up and down in this Discourse mentioned have been proposed for England And yet not any one of the patterns for England hath attained the general liking of its friends neither And then what will be the end of these things who can foresee Last of all as to the present established Episcopacy in England the controversie concerning it as well as that concerning the Ceremonies hath been also largely handled The many writings both Pro Con concerning it may be seen And so far forth as the order and office of Episcopacy in the general is concern'd in this Discourse and an Ecclesiastical Uniformity as we have spoken of it heretofore so also we shall speak of it hereafter And if the concession of Baronies to the persons of those that discharge the Episcopal function in England be thought much of what reason is there why the King should not have his Church-men and the Clergy their part in Parliament And this also the particular constitution of the Government of England being considered The Emperour Leo in the Civil Law calls the Superiour Clergy-men Ecclesiae Defensores The Defenders of the Church And all Laws and Countries have ordinarily ever priviledged Church-men beyond others if it were but for Gods sake to whose Service they are more particularly devoted and for the Honour of Religions sake which ought alwayes to be supported Sacerdotio obveniente sayes Paulus in his Digests Videamus an cogatur arbiter sententiam dicere Id enim non tantum honori personarum sed Majestati Dei indulgetur cujus sacris vacare Sacerdotes oportet The Priesthood coming in the way let us see whether the Vmpire be constrained to pronounce Sentence For that is not only indulg'd to the Honour of their persons but also to the Majesty of God whose service it behoves the Priests to be at leasure for And it was Padre Paulo's complaint concerning the Affairs of Venice That the Common Wealth See the History of the Inquisition Cap. 28. See Hist of the Counc of Trent Fol. 721. as well as other Catholick Kingdoms found it self between two Contraries the Protestants who had no other aim but to diminish Ecclesiastical Authority and the Court of Rome which would too much encrease it and make the Temporal her Servant In the last place as to those in any Society whatsoever that cry out in these latter times to have every punctilio in the mode of the exercise of Church Government reduc'd to what they do at uncertainties fancy to have been heretofore Apostolical they are to be answered as Laynez in the Tridentine Councel answered perhaps truly concerning some things in the Court of Rome That many did call those things abuses which if they were examined and sounded to the bottom would be found to be either necessary or profitable And that some would make the Sea of Rome to be as it was in the time of the Apostles and the Primitive Church without distinguishing the times not knowing what doth belong to those and what to these
heretofore mentioned Nay if it were no more but the very Magistrates being of some one of those professions supposed to be all of them purely and equally tollerated and mixt in any Country it would come to determine the controversie in this matter amongst them in the latter end So that upon these accounts it is that this absolute obligation mentioned must be thus annexed to these Testimonials In the case of the Uniformity of England in this particular it was the report made by Wray Chief Justice in the Kings Bench and all the Judges of England That Whereas one Smith subscribed to the Nine and Thirty Articles of Religion with this addition so far forth as the same were agreeable to the Word of God That this subscription was not according to the Statute of the 13 of Elizabeth because the Statute required an absolute subscription and this subscription made it conditional And that this Act was made for the avoiding of diversity of Opinions c. And by this addition the party might by his own private opinion take some of them to be against the Word of God And by this means diversities of Opinions should not be avoided which was the scope of the Statute and the very Act it self made touching subscription should hereby be made of none effect Thirdly and lastly to what things they oblige First the definite and indefinite to their different sorts of matters XII Last of all we come to assign to what things and matters of duty these testimonials oblige And so also XIII First of all the testimonials given in to indefinite profession oblige to indefinite matter and those to definite to definite matter In both the matter is according to the profession and the obligation is according to the matter and the latitude of it And the sort of this Profession called indefinite is here thus to be asserted because it is in all Churches generally indefinite in it self it not being determined by any thing If the intent of the Magistrate in the very proposing of his Uniformity and the Laws of it to be observed be said to determine it it will be denyed that there is any such intent of his imported in that Act of Proposition And that because the indefinite profession mentioned hath all the properties suitable to the several notions and modes of things concern'd in such an Ecclesiastical Uniformity For as on the one hand it doth not necessitate to a total profession so on the other hand also it doth not suppose but that the profession in the mean time may be totall or else however but that the Canon of Doctrines and Liturgy are so warily and skilfully composed the latitudes also which have been mentioned as belonging to the making this profession being considered as that the profession mentioned will be ordinarily deficient but in some either very small or few things And then it follows that it is better for the publick charge of the Magistrate that the accidental case of tolleration by private persons should be left open to the Generality of the members of any National Church they not violating the common profession of any outward Act in the mean time nor he nor any one else not taking any cognizance of any such tolleration as to any particular persons then that they being on the contrary tyed up to a total definite profession they should for every either particular or small dissent be forced to violate the common profession mentioned either by changing the Soyle it is ten to one declaredly for that cause or else by scismatically publishing those their dissentings at home If the edge of these things be again turn'd back upon us as to a definite profession of those select sorts of persons mentioned And if it be said that the inconvenience will be the same in any National Church as to them The answer is that those special sorts of persons are but few comparatively in any Church That the special reasons for their special sort of obligation have been partly mentioned That they are generally of more knowledge to discern and reconcile things Or that any of them however have the liberty not to enter upon such imployments in Commonweals as require their giving in their Testimonials to such definite profession as hath been mentioned And then this liberty being granted it is all the reason in the world that the respects of private persons in this matter should give place to those of the Publick Against Knott See in his Preface §. 39. The judgement then of Mr. Chillingworth concerning the Uniformity of England is here to be reprehended viz. That all that was meant by subscription in the Church of England was That the constant Doctrine of it was so pure that whosoever believes it and lives according to it undoubtedly shall be saved And that there is no errour in it which may necessitate or warrant any man to disturb the Peace or renounce the Communion of it This would serve well for Doctrinals relating to indefinite profession but neither for Doctrine nor Worship relating to a definite Secondly mixtly both of them to the making use of the instruments of the Uniformity XIV In the second place these testimonials both sorts of them mixtly oblige to the making use of the instruments of the Uniformity And that both as to their géneral end which is immediately the promotion and welfare of the Uniformity it self and also as to any of their particular ends whatsoever which also in their several kinds are alwayes to be directed to their general And the Reasons of these things are because what a man professeth assent to it is supposed that he is willing to promote and if to promote it then to undertake to use the means necessary and injunctively appointed to him for the promotion of it and the welfare of it And such is the using the instruments of the Uniformity appointed by the Magistrate in respect to the welfare of the Uniformity it self And the use of such instruments is diversly prescribed and according to the diversity of the natural and ordinary intent of them in all Churches and as hath been all along hitherto in the places proper to the mention of these things mentioned by us And as to their tending as such to their immediate general end things and cases and circumstances concerning both are to be carefully heeded by him that will aright and as he ought to do make use of them to that end And in such cases where reason and prudence shall suggest it the mind of the Law-giver is oftentimes to be preferred before the Letter of the Law And that also is to be alwayes judg'd of by its more eminently tending to the general end mentioned Thirdly to the continuance in profession XV. Thirdly The giving in such testimonials doth oblige also to the continuance in profession of assent once made to the Uniformity And the reasons for it are evident also viz. because of the great hurt which
comes to the Magistrates Charge every way by revoltings And because that therefore those testimonials are intended as cautions and obligations de futuro the welfare of the Church and State for the future being intended as well as that at any time for the present And such future welfare of them depending also upon the future deportment of the Conformists in relation to the Uniformity as well as the present upon that for the present And if any of those conformable practises which we last mentioned make to the welfare of the Uniformity then much more that profession upon which they are grounded And then if the continuance of such practises be required much more of such profession Lastly to the not divulging mens Opinions to the publick hurt XVI In the fourth and last place the giving in the testimonials both sorts of them doth oblige also to the not divulging of mens Opinions to the hurt of the Publick Charge And that either of their different notions about any of the matters of the Uniformity or else of any of their Notions in case of absolute dissent from any of the matters of it And as to the last of these things men are to take great care for the reasons up and down in this Discourse severally mentioned that they do not either lightly dissent or else publish their dissentings CHAP. XIII Of mens Liberty of opining and exercising their judgement of discerning concerning the matters of the Canon and Liturgy and how far it extends And some cautions concerning such the exercise and spending of it I. THe liberty of opining apply'd to the matters of the Canon and Liturgy II. The matters of the Canon and Liturgy distinguished III. The due extent of mens liberty of opining in relation to them stated IV. Lastly some cautions concerning such their opining laid down V. First of all Negatively VI. Secondly Positively The liberty of opining applyed to the Canon and Liturgy Lib 2. Cap. 3. §. 3 4. alibi I. THe liberty of mens exercise of their judgment of discerning being more generally and in its due latitudes asserted above we come here to apply it more particularly to the matters of the Canon and Liturgy And that the Church and the Magistrate do concede it in those due latitudes in respect to them it is evident from hence because they do not in their proposing of them intend to violate either the Divine or Natural Law by their unjustly infringing of it The matters of the Canon and Liturgy distinguished II. The Doctrines then of the Canon are either stated or occasional And so are the Formes of Worship in the Liturgy or any additionals made to it either temporary or perpetual And both these in any National Church of any kind of Religion whatsoever considered either in the special or individual notion of it And the Doctrines and Forms of Worship stated and ordinary in any of these Cases are ordinarily more plain and necessary as hath been all along supposed The due extent of mens liberty of opining in relation to them stated Vid. Lib. 2. Cap. 3. §. 4. although perhaps the occasional may be the contrary III. The Querie then concerning the due extent of mens opining concerning the matters of the Canon and Liturgy in particular is here and from hence to be resolved after the same manner that it was above in the general and concerning other things And that is that to persons intelligent and who are sufficient both in respect to prudence as well as perspicacity to judge of such things God and Nature have allowed the liberty of the ordinary exercise of their judgment of discerning universally and according to the latitude of its adequate object and in relation to all the sorts either of Doctrines or Forms of worship mentioned in any National Church And that for many reasons relating both to the good of Religion and Government and the consistency of Religion with Government But to the vulgar and persons insufficient actually and ordinarily not so And the reasons for this are evident viz. because that as the ordinary medling of such persons with matters purely speculative and opinionative as those terms are taken in their more ignoble sense is as to them impertinent so also is their actual medling with such matters of Religion less fundamental and doubtfully revealed generally and ordinarily of very ill consequence in many respects both to themselves and the publick charge of the Magistrate For it takes them off from looking after the fundamentals of Religion which must bring them to Heaven It influences their brains to an excess as mad-mens are with the too great nicity of notions It makes them a fit prepar'd matter for any Heresiark to work upon and lead away and the like both to the ruine of all substantial practise and sound Religion and of all Humane Society And for these and the like Reasons it is that the state of this case here laid down as it is asserted and countenanced by the Scriptures so also it hath been generally practised by the Governours in all Societies The Christian Scripture sayes Rom. 14.1 Him that is weak in the Faith receive you but not to doubtful disputations And concerning both St. Pauls Epistles and the other Scriptures That there are in them some things hard to be understood 2 Pet. 3.16 which they that are unlearned and unstable wrest as they do also the other Scriptures to their own destruction And the Laws of Countries have proceeded in the like manner So his present Majesty of England in his late Letter to the Arch-Bishop of Canterbury appointed him to see See the Kings Letter that the Ministers did preach in their Pulpits the most Christian Doctrines of Repentance and Faith and of Humility and Charity and Good works and the like omitting unnecessary Controversies according to the Scripture Doctrine 2 Tim. 2.23 See Chap. 31. Of Ecclesiastical exercises in the Congregation See p. 3. So also the very Corpus Disciplinae appoints the after-noons Sermons to be for the Exposition of the Catechisme in a plain and familiar stile And the Laws of Geneva prohibit any strange manner of handling the Scriptures in publick which may turn to offence Curiosity to search vain Questions and the like And the state of this question laid down after this manner by us is suitable to the distinction of definite and indefinite profession already mentioned And the Divines do give their several Reasons why notwithstanding things difficult as well as plain and things speculative and remote from the foundation as well as things practical and more necessary are laid down in the Scriptures Lastly some cautions concerning such their opining laid down IV. In the next place then we come to lay down some cautions concerning mens opining in relation either to the matters of the Canon and Liturgy or others And that first negatively and secondly positively First of all Negatively V. First of all
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
Magigrates Jurisdiction 204 The scriptural end of such use of them Ibid. The particular gifts concern'd in the performance of the Publick Divine Service in a Church Ibid. The immediate effects of the use of them Ibid. Golden Age of the Poets whence the Fiction of it 32 Government defined 5 and distinguished 5 6 the ways by which men have arrived at it 34. the power of Government at first lodged in the several heads of Families 34 35 the first and capital distinction of Government 36 Government the Ordinance of God 37 the Ecclesiastical Government Gods Ordinance 38 the two constitutive causes of the power of Government which are assigned in the Controversie concerning it 39 the state of the Case concerning the derivation of it from the people 39 the effects of it being derived from the people c. 45 46 47 c. the proof of the power of Government its being from God 51 52 53 54 55 56 c. Not to be proved to be so from the nature of that power 51 52 the distinctions of Government applyed to its consistency with Religion 66 67 Government the Bond of all Humane Societies In Prolegom in princip Governours the difference of Order and Power in them necessary to all Governments of the greater Societies 123 Greece from whence its first Governments were fetcht In Proleg in princip The Greeks called the rest of the World who spake not their language Barbarians In Prolegom post med their distinct orders of Ecclesiasticks 124 Greek Church its Liturgy 198 Its use of an unknown tongue in the Publick Divine Services 180 Grotius taxed 41 127 133 138 His saying concerning the doctrines of the Christian Religion 70 c. Gymnosophistae amongst the Indians their distinction of their Orders of Ecclesiasticks 104 105 H Hampton Court the conference at it betwixt King James of England and the dissentors from the EnglishVniformity 201 Hebrews their observation concerning the distinction of the Offices of Moses and Aaron 124 Heresie to be punished any where 87 and as a mixt fault both against the Church and State Ibid. Heresiarks the persons ordinarily guilty of the faults of malice against the publick charge of the Magistrate in an Ecclesiastical Vniformity 117 Herodotus his saying concerning the divided Government and different Opinions of the Thracians 155 Hesiod his Admonition to Kings 58 59 Humane Affairs the first and capital division of them 1 Histories of the Greeks and Romans the notable examples of prudence in Governours in them In Proleg in fin Holiness of presons no rule to judge of the truth of their Opinions by 290 The pretence of holiness condemned Ibid. Homilies the use of them in Churches 295 I Jacobites their Liturgy 198 Jesuites their banishment from the Venetian Territories 65 Jesus Christ not admitted as a God by the Romane Senate 15 Jewes their parabolical doctrines 113 their Liturgy 198 their saying concerning the flourishing of Israel In Proleg in princip Their hatred of the Samaritans 155 their Law carried with Titus in Triumph In Prolegom circa med Jewish State the occasions of it twofold 196 Jewish Church the records of it defective 197 the diversity of the settlements of it 170 Imprudence the faults of it committed against the publick charge of the Magistrate and the persons guilty of the commission of them 111 their guilt evidenc'd 112 their particular faults instanced in in respect to the particulars of the Magistrates charge 112 113 114 c. Indirect Power in Spirituals that belonging to the Civil Magistrate in every Ecclesiastical Vniformity 136 and the extent of it 136 137. and the Magistrates Right to it 137 138 139 140 c. He may commit the exercise of it to others 147 148 Inquisition of Spain what course it holds as to the Kings Prerogative 144 and that of Italy as to the Pope Ibid. The Inquisition admitted in Dominions of Princes by compact 145 The Interdiction of Venice by Pope Paul the 5th the sense of the Princes about it 143 Interests temporal the mixing of them with mens zeal a cause of Religious contests 92 Interpretation the liberty of it in respect to the Canon and Liturgy in any National Church belongs to private persons as their right 253 That their Interpretation distinguished 253 254 the Rules by which they are to proceed in it assigned 254 255 256 c. Interpretorship in an Ecclesiastical Vniformity of how great moment the Office of Supream Interpretor is 302. The Authentick Interpretors in any National Church distinguished and the Supream assigned 302 303. His right to his Office asserted 303 304 c. the opposers of it 307 308 Josephus the principal Jewish Historian In Proleg circa med Israel the distribution of the rights of an Ecclesiastical Vniformity in it In Prolegom in princip Italy the variety of Religious Rites brought of old into it 14 Julian the Apostate his letter to Arsacius that he should take the form of Religion upon him 290 Jurisdiction in spirituals the rights of Ecclesiasticks 132 K King the notion of him in the Ancient Heathen writings 45 King and Priest why the same person hath so frequently been so in Societies 138 139 c. King James of England his Objection made to the Bishop of Rome concerning his Prerogative 147 The Kings of England Sweden Spain Denmark c. Soveraign Princes in their Dominions 135 Knights Ecclesiastical amongst the Venetians 130 L Law of the twelve Tables amongst the Romans concerning funerals 235 236 and concerning a bone broken 269 c. Law-givers the famous ones amongst the Greeks In Prolegom post med Laws from whence their necessity amongst men 33 34 Laws defined and distinguished 100 The great reason of the restraint of private persons by them 101 102 Lay-Elders their absurd mixture with Ecclesiasticks in the Ecclesiastical Regiment 299 300 Laynez his Answer in the Tridentine Council concerning reformation in the Court of Rome 240 Leunclavius his exhortation to Christian peace 309 Liberty defined 43 and distinguished 43 and defin'd in the most absolute notion of it 100 the worth of it 101 Liberty of the Subject defined 101 it ought to be preserved in an Ecclesiastical Vniformity Ib. Christian liberty defined and distinguished 104 Liberty of mens judgment of discerning in matters of Religion distinguished and defined Ibid. The exercise of it asserted 105 the due limitation of such the exercise of it Ibid. Liberty of profession and outward actions ought to be regulated by humane Laws 106 Liberty of opining applyed to the matters of the Canon and Liturgy in any National Church 288 Those matters distinguished and the due extent of it 288 289 Cautions concerning it 290 291 Liberties those of the people relating to an Ecclesiastical Vniformity distinguished 100 their primitive spiritual and Ecclesiastical liberties described and asserted 103 three sorts of them 104 the liberties and latitudes conceded to men in relation to the fixing their notions concerning things 273 A Liturgy defined and distinguished 195 should be accompanied with