794. as some Romanists would have it but this was granted as an Eleemosynary pension for maintaining an English School at Rome And it must also be acknowledged that the Pope did sometimes since the Conquest exercise a great authority here disposing frequently by his provision of spiritual preferments confirming or nulling the Election of Metropolitans Pyn in Edward 1. an 30. p. 985 986. an 32. p. 1040. and some other Bishops and receiving Appeals And in those days there are some instances in our Records that the Kings Writ against persons excommunicated by the Archbishop was sometimes superseded upon their alledging that they prosecuted Appeals to the Apostolical See 11. But this submission in different persons had not always the same principle being sometimes yielded out of an high measure of voluntary respect and kindness and sometimes more was given to the Pope than otherwise would have been because the circumstances of Princes oft made their courting the Popes favour in former times to be thought by them to be a piece of needful policy And much also was done from the superstition and misapprehension of those Ages in many persons who supposed him to have that right of governing these Churches as S. Peters successor which he is now sufficiently evidenced not to have had Now what is done out of courtesy and by leave or out of some emergent necessity may at other times be otherwise ordered and no Christians are obliged to continue in practising upon superstitious mistakes more than they are obliged to live in errour and superstition And mere possession upon an unjust claim can give no good title to the Government of a Church but when the injustice thereof is made manifest it may be rejected and abolished Conc. Eph. c. 8. as the ancient Canons especially that Canon of the Council of Ephesus which speaks particularly of the Patriarchal Authority enjoin that no Bishop shall invade any Church which was not from the beginning under his Predecessors and if he should compel it to be under him he must restore its Jurisdiction again 12. Yet that exercise and possession of authority which the Pope here enjoyed was not so constant and undisturbed but that it was many times by the Kings and States of the Realm and even by the Bishops at some times complained of and opposed as injurious and the true rights and liberties of this Church and Kingdom were oft demanded and insisted upon Of which among very many instances I shall take notice of so many as are sufficient Before the Conquest I find not that the Pope exercised or claimed any governing authority distinct from counsel and advice in this Realm and therefore there was no need of any opposition to be made agianst it Indeed when Wilfrid Bishop of York who was twice censured in England G. Malmsbur de Gestis Pontific l. 3. f. 150. did both times make his application to Rome his Case was there heard and considered in a Synod and such examination and consideration of the Case even of the Bishop of Rome as Cornelius and others was sometimes had in other ancient Churches But for the decision of the Case the Pope requires it either to be ended by an English Council or to be determined by a more general Council And when Wilfrid at his first return from Rome brings the Popes Letters in favour of him King Egfrid put him in Prison and at his second return from Rome Ib. f. 152. King Alfrid who succeeded Egfrid in the Kingdom a Prince highly commended for hispiety learning and valour declared that it was against all reason to communicate with a man who had been twice condemned by English Councils notwithstanding any writing whatsoever from the Pope Nor were these things only sudden words but when the Pope had done all he could Wilfrid was not thereby restored or as Malmsburiensis expresseth it Malms de gest pont l. 1. init f. 111. Ib. f. 124. non tamen rem obtinuit After the Conquest it was declared by W. Rufus to be a custom of the Kingdom which had been established in the reign of his Father that no Pope should be appealed unto without the Kings Licence consuetudo regni mei est à patre meo instituta ut nullus praeter licentiam regis appelletur Papa Anselm Epist l. 3. Ep. 40. Paschali And Anselme acquainted the Pope that this King William the Second would not have the Bishop of Rome received or appealed unto in England without his command Nor would he allow Anselme then Archbishop of Canterbury to send Letters to him or receive any from him or to obey his Decrees He further tells the Pope that the generality of the Kingdom and even the Bishops of his own Province sided with the King and that when Anselme asked the Kings leave to go to Rome he was highly offended at this request and required that no such leave be afterward asked and that he appeal not to the Apostolical See and that when Anselme went to Rome without his leave he seised the Revenue of his Bishoprick M. Paris in Henr. 2. an 1164. And amongst the liberties and customs sworn to at the Parliament at Clarendon one was against appeales to Rome and receiving Decrees from thence 13. Ex lib. Assis Lord Cokes Reports in Cawdreys Case In the Reign of King Edward the First a subject of this Realm brought a Bull of Excommunication against another subject from Rome and this was adjudged Treason by the Common law of England and divers other instances are brought by Sir Edward Coke wherein the Excommunication and Absolution of the Pope or his Legate was declared null or invalid Pryn in Edw. 1. An. 20. p. 454. And much of the usurped power which the Pope here practised and claimed was rejected as a great grievance in the Statute of Provisors An. 25 Edw. 3. concerning his making provision for and collating to Dignities and Benefices against the method of free Elections and they who should apply themselves to Rome for this purpose became thereby liable to severe penalties And appeals to Rome in certain Cases and the procuring thereupon Processes Bulls and Excommunications from thence was by the Parliament in the Reign of King Richard the Second 16 Ric. 5. taxed and complained of as that which did apparently hinder the determining causes and the effectual execution of justice in England and tended to the destruction of the Kings Soveraignty Crown and Regalty And all those who should bring from Rome such Processes Excommunications Bulls or other Instruments both themselves and all their Fauthors were then by the Statute of Praemunire put out of the Kings Protection their Lands and Goods forfeited and their Bodies to be attached And this Statute continued in force and unrepealed as that former also notwithstanding all the endeavours of the Pope and his Adherents even an hundred and fifty years before the Protestant Reformation And this is sufficient to shew
of their duty in loyal obedience And indeed it would be an high reflexion on the Laws of our Realm if such things as these should be acknowledged to be matters of such a perplexed intricacy that honest and indifferent minds who stand obliged to the practice of peace and loyalty should not without consulting skillful Lawyers be able to understand the general rule of thier duty and to whom they ought to yield obedience and submission 12. Besides the words of this publick Declaration and acknowledgment against lawfulness of taking Armes which yet might be accounted sufficient in the Statutes in the time of King Edw. the third â—t Edw. 3.2 it is declared without allowance of any case or pretence to the contrary to be treason if any man do levy War against our Lord the King in his Realm or be adherent to the Kings enemies in his Realm giving them aid or comfort in the Realm or elsewhere 13 Car. 2.1 And since the restauration of his present Majesty it is also in general terms declared treason to levy War against the King within the Realm or without And to cut off all pretences either from the nature of the War as defensive only or from the authority of a Parliament or of the Lrods or commons we have in two several Statutes this Declaration 13 Car. 2.6 that both or either Houses of Parliament cannot nor lawfully may raise or levy any War offensive or defensive 14 Car. 2.3 against his Majesty his Heirs and lawful Successors In which Statutes also the sole supreme Command and Government of the Militia is declared by the Law of England ever to be the undoubted right of his Majesty and his Predecessors Kings and Queens of England 13. And from the Declaration and evidence of these Laws that Plea which hath been made from the Authority of Grotius becomes wholly void Grot. de J. B. P. l. 1. c. 4. n. 13. That learned man indeed did assert that if the supreme Government be part in the people or Senate and part in the King if the King invade what is not his right he may be opposed with just force because he hath not so far any Supremacy And this he thinks must take place though it be said that the power of War is in the King for that saith he is only to be understood of Foreign War when whosoever hath any pat in the supreme power cannot but have a right to defend that part But these words seem very strange and inconsiderate from so intelligent a person if they be intended as they seem to be concerning one simple and unmixt supremacy For to assert two capacities where each hath authority to make War with the other is not to found one only regular Government but to erect two distinct Governments each of which have a supreme power of judging and of execution Indeed in such a mixt and divided Government as is in the German Empire it is allowed by the Constitutions and Capitulations of the Empire that the several Principalities or rather the Princes and Governours thereof have a power of taking Armes if their rights be invaded by the Emperour but then these Princes in their own territories enjoy a right of peculiar Soveraignty But if the whole of this notion of Grotius be taken together it will according to his judgment conclude that the people of England Lords Commons or both jointly have no part in the supreme power because these publick Laws declare that they have no power of making so much as a defensive War against the King 14. And if we look into the Records of the former Ages we may thence discern that no Subjects whatsoever of this Realm had under any pretence an Authority to bear Armes against the King To which purpose it may be sufficient to consider the Conclusion of the Barons Wars in the latter end of the Reign of King Henry the Third Very many of the Peers and chief Barons of the Realm undertook to make War with the King under the Conduct of Simon de Montfort Earl of Leicester M. Par. An. 1264. whom M. Paris calls Baronum Capitaneum and after several Battels had been fought the Kings person was seized and taken at Lewis And not long after this Idem an 1265. the King Summons a Parliament at Winchester in which all those who acted under or with Simon de Montfort are disinherited Sir W. Raleigh Priv. of Parl. p. 31. which act of disinheriting is reported to have been confirmed in a following Parliament at Westminster But in order to the setling the State of the Realm upon more mild and gentle terms by agreement between the King and the Barons a Plenipotentiary Power was delegated and committed to twelve Peers that they might establish what they thought fit and convenient concerning them who thus stood disinherited 15. These twelve published their determination An. 51 H. 3. Dict. de Kenilw. c. 2. which had the force of a Law under the name of Dictum de Kenilworth In which it was concluded that they who had been engaged in Armes against the King unless the King had pardoned them should pay the revenue of their lands for five years And they who had no Lands were to give their own Oath and to find other Sureties for their peaceable behaviour and also make such satisfaction and undergo such pennance as the Church should appoint Ibid. c. 9. And that they who were Tenants should lose their right in their Farms C. 11. saving the right of their Lords And that they who by their perswasion did instigate any to fight against the King should forfeit the profit of their Lands for two years with many other provisions for particular Cases And they also determined that if any persons should refuse these terms which were proposed as a favourable mitigation of strict justice they should be de exhaeredatis C. 29. and have no power of recovering their Estates But some persons and particularly Simon de Montfort himself C. 21. was excluded from these terms of favour and left to the ordinary proceedings of justice in manus Regis Now those practises and enterprises which were so publickly censured condemned and punished by our Parliaments and proceedings of justice must needs be accounted by them unlawful actings 16. In the year following An. 52 Hen. 3. the Statute of Marlbridge mentions it St. Marlbridge c. 1. as a great and heavy mischief and evil that in the time of the late troubles in England many Peers and others refused to receive justice from the King and his Court as they ought to have done which is more expresly contained in the Original Latine than in the common English Translation justitiam indignati fuerint recipere per Dominum Regem curiam suam prout debuerunt consueverunt and did undertake to vindicate their own causes of themselves Now to declare that all Peers and all other persons ought to have
matter may have recourse besides other cases to the voluntary Wars of Amaziah against Joash 2 Chr. 25.17 18 19 20. and of Josiah against Pharaoh Nechoh 2 Chr. 35.20 21 22. Where as those Wars are related to be undertaken by the choice of these two Kings of Judah so the Kings against whom they Warred sent Embassies for Peace not to any Sanhedrim but to them To this I add that if this notion had any thing of truth in it it might possibly be emproved far toward the justifying the rebellion of Absalom Seld. de Syn. l. 2. c. 16. n. 5. Seld. de Syn. l. 2. c. 15. n. 4. Schic de Jur. R. c. 1. Th. 2. against his own Father For if the power of War was in this Court it is altogether unlikely that David in his sudden flight from his Royal City should have them with him but it is much more likely if there was then any such Court it did remain with Absalom in Jerusalem where only that Court could regularly fit according to the Jewish Canons especially if that be admitted for truth Ch. Par. in Ps 140. v. 10. which is declared by the Chaldee Paraphrast that Ahitophel the chief Conspirator was the head of the Sanhedrim 14. Inferiour Courts Sanh ubi sup Seld. de Syn. l. 3. c. 1. n. 1. Quinq in Chal. Par. in Thren c. 5. v. 14. The right of appointing inferiour Courts of Judicature among the Tribes of Israel is claimed also as peculiar to this Sanhedrim And that the Judges of inferiour Courts must be made Rabbies and receive imposition of hands from this great Court is declared by Quinquarboreus But as we have undeniable evidence that in the military Government divers Captains and Generals were appointed by David and Benajah by Solomon so also David established 2700. Levites to be rulers over the two Tribes and half 1 Chr. 26.32 And as the holy Scriptures gives us an account of the Officers and Judges in his time over the other Tribes Antiq. Jud. l. 7. c. 11. Josephus informs us that six thousand of the Levites were made Judges by David And if Judges in the Land had not usually been established by the King there had been no colour for that plausible pretence of Absalom against his Father by telling the men of Israel their matters were good and right but there was no man deputed of the King to hear them 2 Sam. 15.3 Nor can any thing be more clear than that Jehosaphat set judges in the land throughout all the Cities of Judah City by City 2 Chr. 19.5 and also a chief court in Jerusalem v. 8 -11 but that this was no such Sanhedrim as the Rabbins mention I shall hereafter manifest And that the ancient Jewish Writers did acknowledge it a right of the King to appoint judges and judicatures will appear from Philo Phil. de Creat Princip who discoursing of a Prince with a special respect to the Jewish Government directs him to write the Book of the Law with his own hand and to read therein and also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to chuse others who shall partake in the rule and Government that is as he expresseth it that the lesser causes he should 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 commit them to inferiour Rulers 15. Of making Laws Seld. de Syn. l. 3. c. 1. n. 1. Quinquarb ubi sup De Syned l. 2. c. 9. n. 7. Carpz in Schickard c. 1. Theor 2. p. 15. The authority of making any new Laws or Constitutions is also pretended to be peculiar to the Synedrial power And consequently their Kings must be denied to have any interest in the legislation since these Rabbinical Writers do generally affirm that the King might have no place in the Sanhedrim nor any share in its authority as hath been observed among others by Selden and Carpzovius But whereas the chief things reported to us concerning the Reign of the Kings of Judah consist either in their care of Religion or their military atchievements we have an instance of a standing military law or statute for dividing the Spoil which was established by David 1 Sam. 30.24 25. And I have in the former Chapter evidenced their establishing Orders in matters Ecclesiastical such were the division made by David of the Priests and Levites for their attendance on the service of God Ant. l. 7. c. 11. and others of like nature and Josephus tells us that this division was observed as long as the Temple and its worship stood Sect. 3 To which we may also adjoin the particular Laws or Constitutions made by Josiah and Nehemiah concerning some of the Priests abovementioned SECT III. Of the antiquity of the Synedrial power among the Jews with reflexions upon the pretences for a distinct supreme Ecclesiastical Senate 1. From what hath been discoursed it is sufficiently evident that whatsoever Courts of Judicature or Officers there were in Judah none of them under the Jewish Monarchy ever did vie for Soveraignty with it but were in subjection to it There was no such authority De Jur. Reg. c. 2. Th. 7. as is challenged by Schickard to the Sanhedrin who calleth it Synedrium magnum regiae majestatis compar or by Grotius Grot. in Mat. 5.22 who in the reign of the Kings owneth Senatûs authoritatem regiae velut parem in which expressions is asserted its equal or coordinate power with the Kings which Selden also allows Seld. de Syn. l. 2. c. 16. n. 4. p 667. Yet for giving further evidence to the truth of what I have above expressed I shall assert 2. That this chief Synedrial Government among the Jews The Original of the great Sanhedrin was since the Captivity was of a later extract than the time of the captivity and had its first original since the decay of the true Royal power There was indeed all along the Mosaical dispensation an High Priest whom the Law of Moses obliged the Judge or King in arduous and weighty matters and in such only to consult and by him to ask counsel of God And they had also Elders and men of wisdom and with some of these the Laws of equity and prudence would direct the King to advise And thus much may not improbably be the sense of those words of Josephus proposing this Rule for the King Joseph Ant. l. 4. c. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not to act without the High Priest and the consent of the Senators Yet Salmasius thinketh that these words of Josephus Defens Regia c. 2. p. 47. are suitable only to those Princes who ruled about the end of the Jewish state and unless they be taken in the sense I have mentioned they are certainly no rule either founded on the law or agreeable to the government of the House of David And indeed Josephus who saw and felt the calamities which the Jews sustained under the Roman Kings was no friend to Monarchy and though he be far from the Rabbinical strain
foreign Jurisdiction by Oath 1 Eliz. 1. Article 37. is to restore that Jurisdiction to the Crown which had been usurped by the Pope and our Articles do assert that the Bishop of Rome hath no Jurisdiction in this Realm of England and the Injunctions of King Edward did also declare K. Edw. Inj. 1. that no manner of obedience and subjection within these Realms and Dominions is due to him And the truth of this I shall undertake to manifest after I have first given some account of the claim he makes SECT II. The high claims of Papal Supremacy declared Sect. 2 1. Against the supreme Government of Princes there is an high and imperious demand made of an Vniversal Monarchy for the Romish Bishop and of an exemption from the secular Government fot all Ecclesiastical things and persons And this is pleaded for and defended by divers of their Writers 2. Various assertions of Romish Writers concerning the Popes Supremacy Earcl de potest Papae c. 3. adversus Monarchomach l. 4. c. 4. l. 5. c. 8. Yet among those who embrace the Romish Communion there have been and are considerable persons who have maintained that the Pope as Pope and by divine right hath no temporal power and in temporal things hath no authority over Kings And yet even these men acknowledge the Bishop of Rome as Christs Vicar and the Universal and supreme Pastor to be endowed with a spiritual power and Empire over all Christian Kings and Monarchs But some of them do expresly grant to Princes an authority in causes Ecclesiastical so far as is necessary for the preservation of the temporal Republick 3. This opinion was not only embraced by Joh. Major Jacobus Almain and some others more anciently but is also at large declared and defended by Barclay de potestate Papae Blackwel in his Examination Barnes in his Catholico-Romanus Pacisicus and divers others But this assertion is not only distastful to the Romish Court but even Bellarmine accounted it to be rather an Heresy than an opinion De Rom. Pont. l. 5. c. 1. 4. Many others there are who deny the Pope to have any direct temporal power but yet grant him as much as he can desire nder the terms of indirectè in ordine ad spiritualia For since by this phrase is meant in order to the advancement or preservation of the See and interest of the Romish church and those of its Communion these persons grant as much indirectly as any other do directly even as if any person should aver that Alexander had no direct right to any other Kingdoms or Countries but in order to the advancement of his Crown or enlargement of his Government his claim was valid these give him as large a title as any other persons can do This method doth Eellarmine in his Controversies embrace with many others whom he mentions and he calls this the common opinion in explaining of which he gives the Pope this ample and extensive power that he hath in order to spiritual good Bell. ibid. the supreme authority of disposing of the temporal things of all Christians Yea he asserts that he can depose Kings and transfer Kingdoms not as an ordinary judge but as a supreme spiritual Prince and that he cannot ordinarily either establish temporal laws or make them void as Pope but that he can do this if the Kings themselves will not do it in ordine ad salutem animarum 5. Yet because he who talked at this rate spake with some reserves and seeming limitations of expression rather than of sense and chiefly because by considerable argument against the Popes direct temporal power he had indeed taken away the direct support for this indirect power we are informed by Barclay Barcl de Potest Pap. c. 13. p. 101. c. 40. p. 329. that Sixtus the fifth had a design and almost accomplished it by a publick censure to abolish all Bellarmines Controversies because in this particular he did not comply far enough with his ambition Acts and Monum Co. 8. n. 8. And it hath been observed both by Blackwell and Bishop Mountague that Carerius in his Book de Potestate Rom. Pontificis making it his drift to refute Bellanmine and his notion yet inscribes it adversus politicos nostri temporis haereticos 6. But there are many Canonists and others of whom Baronius was one who asserted the Pope to have a supreme universal temporal power by divine right over all the World tam jurisdictionis quam proprietatis M. Becan de Justit Jure c. 3. q. 7. Blackw Exam. n. 20. as Becanus expresseth their sense Many who maintain this opinion are mentioned by Bellarmine and others by Blackwell who observes that both Rodericus Sancius and Carerius do call this the common opinion of Divines 7. Vniversal temporal supremacy challenged by the Court of Rome But however any private persons of the Romish Communion may think in their studies or dispute in their Writings the publick claim of the Court of Rome hath been for an universal direct temporal power â—â—atina in Greg. 7. Baron as is fully evident from these among other instances When Gregory the seventh undertook to transfer the Imperial Crown from Henry the fourth to Rodolphus he founds the right of his disposal thereof upon the gift of Christ to S. Peter and his pretended Successors at Rome saying Petra dedit Petro Petrus diadema Rodolpho 8. Extr. Coml l. 1. Tit. 8. c. 1. Unam Sanctam Mart. Polon an 1301. The Constitution of Boniface the Eighth asserted both the spiritual and Temporal power to belong to S. Peter and the Church with respect to which Martinus Polonus declared se dominum spiritualem temporalem in universo mundo asserebat And in his Oration in confirming Albertus to be King of the Romans lately published by Baluzius Baluz in Addit ad Marc. de Conc. l. 2. c. 3. he affirmed that as the Moon hath no light but what it receiveth from the Sun so there is no earthly power which hath any thing but what it deriveth from the Ecclesiastical power and all powers saith he are from Christ and from us as the Vicar of Christ And he there declareth that Christ hath given his Vicar that power that he hath the right of constituting an Emperour and of translating the Empire with much more to that purpose And his high contests with Philip the French King upon the like claim were very notorious which occasioned the earnest Declaration of the Estates of France against him 9. And in that large Rescript of Alexander the Sixth to Ferdinand and Isabella 7. Decretal l. 1. Tit. 9. C. â— King and Queen of Castile and Arragon and to their Heirs and Successors for ever he undertakes to give to them all the American land unpossessed of any other Christian Prince and all Islands and all parts of the Continent which either already are or hereafter shall
from all these and governing the Church Cyp. Ep. 27. 73. Aug. in Joh. Tract 50. But this power as the ancient Church did acknowledge the other Apostles did also enjoy and were actually possessed of as appears Mat. 18.18 Jo. 20.21 22 23. Ans 2. How vastly different is this power from the temporal Dominion over the Kingdoms of the World of which there is not any world here spoken by our Lord And surely any man who considereth the doctrine and lives of the Apostles cannot imagine that every one or any one of them was intended and designed of God to be the Soveraign Potentate and grand Emperour of the World It is therefore a just complaint against the Romish party that ex clavibus cudunt enses Conf. Helvet c. 14. lanceas sceptra coronas out of the Keys they forge Swords and Spears Scepters and Crowns and usurp temporal Dominion equal with or superiour unto Kings notwithstanding that our Saviour expresly rejected from his Apostles such Dominion as the Kings of the Gentiles exercised Mat. 20.25 26. 9. But Pasce oves meas Feed my sheep Jo. 21.16 is a place chiefly insisted upon And if no more was hence inferred than a spiritual and Apostolical authority in S. Peter this is readily granted and asserted and the other Apostles enjoyed the like But Bellarmine will have 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Bellarm. de Rom. Pont. l. 1. c. 14 15 16. Layman Theolog. Moral l. 1. Tr. 4. c. 6. to be a Charter of Soveraignty and to enclude governing and commanding as a King doth And he and others also infer the extent of S. Peters power over all Apostles and Kings because they are Christs Sheep To which I Ans 1. Not S. Peter only but all Bishops and Elders are commanded 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to feed or have a Pastoral care over the Flock Ambr. de dign Sacerd c. 2. Ignat. Ep. ad Philad ad Rom. Eus Hist Ecc. l. 8. c. 25. Act. 20.28 1 Pet. 5.2 And among all Ecclesiastical Writers beginning from Ignatius and downwards the Bishops and chief Officers of the Church have been acknowledged to be Pastors Now if this Office of Pastor doth not necessarily enclude a Soveraign or supreme Government then no such can be asserted to s. Peter or his pretended Successor from this Text if it doth then must this be ascribed to every Bishop which will necessarily overthrow the Popes Vniversal claim Ans 2. Government over the Sheep of Christ is also too narrow a compass for an Vniversal Monarchy 10. Ans 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 being a Metaphor from Shepherds is thence sometimes used for to take care and feed and at other times for to rule and govern and oft for both Now though the Officers of Christ have a pastor al authority over his Flock yet these words Joh. 21.15 16 17. were principally directed to S. Peter as supposing in him this authority and requiring his duty of care and feeding and not as conveying to him a peculiar authority and Dominion because this is enjoined upon him as an evidence of his love to Christ and because among the three Precepts to take care of the Sheep of Christ and his Lambs two of them are there expressed by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which must be understood only of feeding Ans 4. Civil Governours also are to be as Shepherds over their Flock with particular respect to rule and Government The Government of God is sometimes expressed by his being the Shepherd of Israel and a Prince whom Homer stiles the Pastor of the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is by Philo and other Writers oft mentioned by a like name Phil. de Agricult de Joseph quod omnis probus liber And a civil pastoral power over all their people is yielded to them Num. 27.17 Is 44.28 which is expressed in the Septuagint by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 2 Sam. 5.2 Ch. 7.7 Ps 78.71 72. But every one must use their power according to their office Ecclesiastical Officers are to use the spiritual authority but temporal Soveraignty is reserved to Princes Ans 5. The pastoral office of the guides of the Church doth extend it self even to Kings with respect to the conduct of their Souls but yet this doth not exempt them from being under the Regal Soveraignty A Prince may be ruled by a Physician concerning his health or be led by a guide at Land or a Pilot at Sea and not lose his Soveraignty over these Subjects And the Kings of the House of David were the chief Rulers over the Realm though the Priests were to offer Sacrifice for Prince and People to direct them in Religion and to judge in case of Leprosy and such like SECT IV. Other arguments for the pretences of Papal Authority answered and refuted 1. Annal. Ecclesian 57. n. 28 29 30. The support which Baronius affords for the Popes Supremacy is that Christ himself is a Priest after the order of Melchisedek being both King and Priest according to the Apostle Heb. 7. and that from him the regal and sacerdotal authority are together conferred upon his Church first upon the Apostles and then upon their Successors which he further undertakes to prove because our Saviour declared to his Disciples Jo. 20. As my father sent me so send I you and did establish in his Church a Royal Priesthood 1 Pet. 2. Ibid. n. 31 32. And though the Cardinal will not allow that this authority in the Church doth make void the political power yet he doth assert that this Regal Ecclesiastical Authority must be superiour thereunto The Priesthood of Melchisedek 2. But concerning the Melchisedekian Priesthood Sect. 4 he did not consider these two things 1. That the making the supremacy of power to be conjunct with the Priesthood doth destroy the peculiarity of power challenged by the Bishop of Rome for thence it must be inferred that they who equally partake of Priesthood with the Bishop of Rome must have an equal supreme authority with him 2. That one thing which the Apostle did most especially insist on concerning the Priesthood of Melchisedek is that the Priest or High Priest of that Order must not derive or receive his Priesthood from any Predecessor nor leave it to any Successor but must abide a Priest for ever through that whole dispensation under which he is Priest Heb. 7.3 8 16 17 21 23 24 28. And therefore the Melchisedekian Priesthood is no more transferred from Christ to any other person in the Church then his proper mediatory office is Beyerl de Episc Rom. And they who say that this Priesthood of Christ cannot indeed be enjoyed by any as successor to him but only as his Vicar do not so avoid the force of this argument For it remains certain that no such pretended Vicar can partake of this Priesthood because in him it must be received from a Predecessor viz. in that Vicarship and Priesthood and be left to
unsetled ungoverned confusion It would be also a reflexion upon the goodness of God to imagine that it was not his will that justice should be administred and viciousness punished among men that peace should not be preserved and goodness encouraged in the World and it would be a disparagement to his wisdom to conceive that he should appoint all these things to be done whilst he committeth no power or authority to any person or order of men to take care of them 3. By the testimony of the Scriptures But the express testimonies of the holy Scripture put this matter out of doubt There Governours as having Gods Authority are stiled Gods and Children of the most high Ps 82.6 And besides the Government of Israel which was evidently established by Gods appointment which was the reason why David so much reverenced Saul as being the Lords anointed we are told Pr. 8.15 16. By me Kings reign and Princes decree justice by me Princes rule and Nobles even all the Judges of the Earth And God declared by Jeremy Jer. 27.5 6. I have made the Earth and have given it to whom it seemed meet unto me and now have I given all these lands into the hand of Nebuchadnezzar the King of Babylon my servant Cyrus also was called the Lords Shepherd Is 44.28 Princes being oft stiled Shepherds because their Office and Government is thereby much resembled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith S. Basil and the Hebrew word for a Shepherd is sometimes rendred in the Chaldee Paraphrase 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Prince or Governour he was also called the Lords anointed Is 45.1 And Daniel tells Nebuchadnezzar that God setteth up Kings Dan. 2.21 and that the God of Heaven had given him a Kingdom v. 37. S. Paul also declares that there is no power but of God and the powers that be are ordained of God Rom. 13.1 And he stileth the power the ordinance of God v. 2. and the Ruler the Minister of God v. 4. 4. By the sense of the ancient Church The ancient Christian Church even when they were under persecution by the Roman Emperours did yet constantly acknowledge their Authority to be from God Tert. ad Sâ—â—p c. 2. Apol. c. 30. Adv. Hares l. 5. c. 24. Tertullian declares that the Christian knows that the Emperour is constituted by his God And saith he from thence is the Emperour from whence is the man from thence is his power from whence is his spirit And the same sense is expressed by Irenaeus Eus Hist l. 7. c. 11. gr And Dionysius of Alexandria in Eusebius acknowledged that it was God who gave the Empire to Valerian and Galienus The same truth is asserted by S. Aug. de Civ Dei l 5. c. 21. by Epiphanius Haeres 40. and by divers other Christian Writers Bell. in Lib. Recogn de laicis insomuch that when Bellarmine sought for the testimonies of ancient Writers to prove Dominion to be of humane original he could meet with no Theological Writer of the Christian Church who favoured his opinion amongst the Fathers and therefore takes up with Aquinas And Paulus Orosius affirms Oros HIst l. 2. c. 1. Vell. in 4. Tom. Aug. ad 22 Qu. Dc Concord l. 2. c. 2. n. 1 2 3. that all Power and Government is of god is that which they who have not read the Scriptures do think and they who have read them do know And some of the Romish Church speak to this purpose as Vellosillus and especially P. de Marca 5. And now let any equal Reader consider whether the evidence of reason Scripture and the ancient Fathers will agree with that reproachful Position of Hildebrand or Greg. 7. Greg. 7. Epist l. 8. Ep. 21. against God and his Vice-gerents That Kings had their beginning from them who affected rule by the instigation of the Devil But they all tend to confirm what hath been asserted in our church Can. 1. 1640. That the most high and sacred order of Kings is of divine right being the ordinance of God himself founded in the prime laws of nature and clearly established by express Texts both of the Old and New Testaments 6. And the nature of the Rulers power And from the nature of this Authority will further speaks its Constitution to be from God He is to judge the people but God being the judge of all the earth all acts of judgment are declared to be not for men but for the Lord 2 Chr. 19.6 and therefore must be performed by an Authority derived from him And the punishment inflicted by Governours is an act of vengeance or revenging and therefore as vengeance or revenging 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is claimed by God himself as peculiarly belonging to him Rom. 12.19 vengeance is mine so the Ruler as the Minister of God is made an Executor of Vengeance or a Revenger 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Rom. 13.4 which must be by Gods Authority derived to him And since the Ruler who bears the Sword hath an Authority of Life and Death this could not be derived to him from the community since no man hath such a Dominion over his own Life as to have a power to take away his Life Lessius de Just Jur. l. 2. c. 4. dub 10. M. Becan de Jur. c. 4. q. 1. as hath been truly asserted by Schoolmen and others and therefore cannot transfer such a power to any other person And therefore this Authority of Governours must be received from God who is Lord of life and death 7. Objections answered Having proved the Authority of Governours to be of a divine extract I shall now shew that the various pretences for founding it in the consent of men are of very little weight From the Election of some Princes It is confessed that there are elective Kingdoms and Empires in the World and that where there hath been a vacancy of a Governour and none could claim a right of succession Princes have oft been chosen by the people In this Case several Roman Emperours were Elected by their Army and received by the Senate and thus were Gideon Jephtha and other Judges established in Israel But such a liberty of choice in the people in these circumstances carries no opposition to the Authority being from God For the entring into a conjugal Society is by a free choice even so far of choice that many persons if they please may live in celibate and single life whilest men cannot live without Government and yet Matrimony and the Husbands Authority is by divine appointment And Members of a Corporation do usually chuse their chief Magistrate but thought they determine upon the person it is not they but the Princes Charter and Grant that gives him his Authority 8. And they who tell us M. Salamon de princip that Soveraign Authority cannot be a proper divine institution because then its rights would be wholly unalterable and the same in all the Governments in the World do
Power undertake to destroy any great or considerable part of the people Such things in some Cases have oft happened in the World but herein the English constitution doth afford peculiar advantages and securities to the Subjects of this Realm above what is in many other Soveraignties But these Cases may be best judged of by ranking them in several Orders and by observing particular instances of fact which have happened under other different Governments 11. Wherefore 1. Soveraign Powers have sometimes undertaken to destroy a part of the people Where this is a proceeding according to the Laws and Rules of the Government and upon great crimes upon account of some great or enormous crime charged upon them and by vertue of such a publick sentence which may be called Judiciary and legal proceedings Amongst the Israelites when they had no King or Judge the chief power was in the heads of the Tribes in which time that horrid wickedness was committed by the men of Gibeah upon the Levites Concubine Judg. 19. But the Benjamites standing in defence of these wicked men Antiquit. Jud. l. 5. c. 2. that they might not suffer deserved justice that whole Congregation of Israel set themselves against the Tribe of Benjamin Ch. 20. And they bound themselves by Oath saith Josephus to act more fiercely against them than their Fathers had done against the Canaanites And when this whole Tribe Men Women and Children were utterly destroyed except six hundred men the same Author tells us that both the Israelites and these surviving Benjamites acknowledge that this execution was just Ibid. And indeed those Benjamites who undertook the defence of that hainous wicked action did thereby entitle themselves to the guilt thereof Ambr. Ep. 65. ad Syagr for S. Ambrose rightly declares non minoris esse criminis tantum facinus defendisse quam exercuisse it is a matter of no less crime to defend so great a villany than to commit it And about the same time the Inhabitants of Jabesh Gilead were utterly destroyed by the Congregation of Israel except four hundred Virgins because they were so far Favourers of this wickedness of the Gibeathites that they would not join with the rest of the Israelites to punish it Oros l. 7. c. 12. 12. The Jews also after their Commonwealth was destroyed and themselves dispersed in many places of the Empire rose up in rebellion in Reign of Trajan and also of Adrain when they were headed by the pretended Messiah called Barchocab or the Son of a Star with respect to that prophecy of the Star of Jacob Numb 24.17 though the Jews found sufficient reason to call him Barcozib the Son of a Lie and proceeded with that fury that they laid many places utterly wast both about Egypt and Libya Buxt Lex Rab. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Dio. cit à Scldeno and other Parts of Africa and Cyprus And both the. Jewish Chronicle Tzemach David and other Historians account two hundred thousand or a greater number to have been then slain by them about Alexandria and the Parts of Egypt Eus Hist Eccl. l. 4. c. 2 6. To prevent the like sad effects in Judea and Mesopotamia where Orosius relates them to have been in Armes also in the time of Trajan the Emperour determined the destroying all the Jews there as a stop to the Enthusiastick Fury of that people And upon this account great multitudes of the Jews were destroyed by him and Adrian his successour in several Countries especially in and near Judea in the Expedition of Qu. Lucius and the taking the City Bitter What the Jews themselves express Buxt Lex Rab. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 concerning the vast numbers who were then destroyed is indeed utterly incredible but Eusebius mentioneth infinite multitudes cut off and Dion speaks of five hundred thousand slain by the Sword All which was the sad effect of the seditious outrages of the Jewish Nation when they might have otherwise enjoyed safety 13. To these I adde the instance of Thessalonica in the Reign of Theodosius the Emperour Theod. Hist l. 5. c. 17. When there had been a great tumultuous in surrection in that City wherein some of the Magistrates were stoned to death the Emperour highly incensed at the hearing thereof gave sentence for the destroying the Inhabitants of that City which was the Chief City of that part of the Roman Empire Sozom. l. 7. c. 24. under the Praefectus Illyriae And accordingly seven thousand men were slain even the innocent with the guilty all cut off together as Corn by the Sickle For which Fact proceeding from great unadvised passion that Emperour upon St. Ambrose's reproof manifested great repentance 14. Now the destroying innocent persons can never be just and the killing Infants among others though allowed and sometimes enjoined under the Mosaical Dispensation is certainly so contrary to the Spirit of Christian meekness that under the Gospel it may in no case be defended Yet forasmuch as the Soveraign Power in Judea The Subjects under the English Government have great advantages above many others and many other Eastern Nations and also in the Roman Empire as their Laws declare had such an authority that the particular Rescripts and Edicts of the Emperours were accounted law and what they determined was esteemed a legal decision or sentence and a judicial way of proceeding From these Considerations I suppose it was not lawful for any of the persons in the instances above-mentioned though some of them were unjustly sentenced to have taken Armes in their own defence But they were in this case to commit themselves to him that judgeth righteously as our Lord and Saviour hath lest us an example to do For if it were lawful for persons condemned without just cause to resist by force the proceedings of a judicial Sentence pronounced by the greatest authority according to the Constitution of that Government then were they not in subjection to that Government and Authority And they who were guilty of Capital Crimes were upon account of their offences so much the more obliged to submit themselves and their lives either to the justice or mercy of their Soveraign and not to add to their former crimes a continued resisting just Authority But the excellent Constitution of our English Government hath this advantage among others that it gives sufficient security to the English Subjects that there is no way of judiciary and legal proceedings by the King himself or any other against the life or property of any person Magn. Chart. c. 30. who lives peaceably and orderly but according to the established Laws of the Land and upon a fair tryal of his case Nor will our Laws allow any such general sentence which may take in innocent persons 15. And secondly there have also been cases in World where a Soveraign Power hath engaged in the destroying a great part of their Subjects who were guilty of no real Crime Where the