that Maintenance is assigned them out of the publick either lands or moneys that Vacation from civill offices and in some causes exemption from the Court of Inferiour Judges is indulged to them All which shewes that their publick Confirmation is by the favour of the H. Power as the Institution of their Office is from God their Ordination by the Pastors Only there remaines to be disputed their Election that is the Application of the Person to the Place or of the Place to the Person That we may handle this question exactly we must have recourse to that distinction set down afore Some things are of immutable right other things are just and right untill it be constituted otherwise In this later way not in the former the Election of a Pastor in any place whatsoever belongs to the Church or Congregation of the faithfull in that place That the Election is rightly made by the Church is proved by the very Law of Nature for naturally every Society is permitted to procure those things which are to their own conservation necessary in which number is the Application of Functions So have the Company in a ship a right to choose the Master Fellow-Travellers their Leader a free people their King Whence it follows if the Divine Law hath not prescribed a certain way of electing and as yet no Humane Law thereof is extant then the Election of their Pastor pertains unto the Church But he that will affirm this Right to be immutable must evince the immutability either by the Law of Nature or by the postive Law of God By the Law of Nature he cannot for no reason persuades it and like examples shew the contrary So many Nations who are under the Command of the best men or of hereditary Kings may not now Elect their King because that which Nature did permit might be chang'd by Humane Law and hath indeed been chang'd He must then have recourse to Positive Law which he will never be able to produce Examples in stead of Law hee must not allege for many things are rightly done which yet are not necessary to be done Nay more not only many things grounded upon examples of the Apostles time but also some things Instituted by the Apostles use hath altered to wit such things which were not strengthned by the force of a Law The Apostles Instituted that the Churches should have Deaconesses which Pliny also shewes to have been among the Christians in his age What Church is there now wherein this Office is retain'd And Beza saith he sees no cause why it should be restor'd The same Beza acknowledgeth the Function of the Deacons to have been perpetuall by Apostolicall Institution who neverthelesse approves the different usage of Geneva The Apostles Instituted that Baptism should be celebrated by immersion which by aspersion is now perform'd Many other things of like sort need not be prov'd abrogated seeing they are prov'd to have been used they are not prov'd to have been commanded But farther it appears not out of the whole History of the New Testament that Pastors were Elected by the people that the manner of Election remained indefinite is more easily collected thence I speak of Pastors for of the receivers of the Churches mony there is not the same reason The Apostles were very sollicitous lest by taking of the publick mony they should incur suspicion or give offence Paul might assume Luke unto himself by his Apostolicall Power and commit to him the custody and disposition of Collections for the poor but he chose rather to permit a free election to the Churches for this reason as himself speaks that no man should blame him in the administration of so copious munificence For the like cause was the election of Deacons remitted by the Apostles to the multitude that no man should complaine of any partiality between the Hebrews and the Hellenists But this was not perpetuall the reason thereof being temporary for in the next times after the Apostles the Deacons were not chosen by the people but by the Bishops the people being sometimes consulted with and sometimes not To proceed with the Pastors the Princes of them the Apostles were elected by God the Father and by Christ I have chosen you twelve I know whom I have chosen saith Christ After that He through the Holy Ghost had given Commandements unto the Apostles whom he had chosen saith Luke Paul an Apostle not of men nor by men but by Jesus Christ and God the Father So them that were in the next degree to Apostles the LXX Evangelists Christ himself appointed This Divine Election to Preach the Doctrine then first brought down from Heaven is signified by the word of sending for after the Election of those LXX it is said pray the Lord to send Labourers into his Harvest and that is pertinent How shall they Preach unlesse they bee sent When Christ was ascended into Heaven the promised Comforter supplyed his place Therefore both to the ambulatory and to the standing Offices the fittest men were chosen by the judgement and testimony of the Spirit but by the Ministry of the Apostles or of them whom the Apostles had made Governours of the Churches So Timothy was admitted to his charge according to the prophecies which went before on him that is saith Theodoret by Divine revelation not by Humane suffrage saith Chrysostomo And Oecumenius generally of that age By appointment of the Spirit were Bishops made not in a common way Hence Paul in his oration to the Presbyters of Ephesus tels them They were made Overseers over the Lords flock by the Holy Ghost Sometimes also Lots were cast that the people might by the event be certified of the Divine judgement The most antient Authour Clemens of Alexandria hath left this written of John the Apostle By Lot He chose the Clergy of those that were signified by the Spirit Nor is it a new thing to use Lofs in the choice of Priests but used also by the Gentiles by the antient institution doubtlesse of the sons of Noah This illustrates the History of Matthias whom I wonder by what argument some have persuaded themselves to have been elected by the people for in Luke there is no foot-step of such election What is said They appointed two Barsabas and Matthias ought not to be referr'd unto the multitude as Chrysostome would have it but as it is the common opinion of the Fathers to those eleven whose names are afore exprest and who by the mouth of Peter had spoken to the multitude These are they who in the words immediatly following are said to have powred out their prayers unto God and to have given forth their Lots that it might appeare not whom the multitude but whom God had chosen for so themselves speak wherefore that which follows is not to be rendred He was chosen by the suffrages of all for who can believe that the people were call'd to
deceives the unskilfull that they doe not enough discern the daily administration of affaires obvious to their eyes which in an Optimacy is oft committed unto one from the interiour Constitution of the Common-wealth What I have said of Kings I would have to be understood much more of them who both really and in title were not Kings but Princes that is not chiefest but first Whose Principality much differs from Supremacy And again this is to be noted that some Lords and Cities have Supreme Authority though they seeme not to have it being under the Trust and protection of another But seeing to be under protection is not to be in subjection and as the Roman Lawyers note The people ceaseth not to be free that are fairly observant to anothers Majesty these also may be endowed with Supreme Authority who are obliged to another by unequall League or tye of Homage All this I set down to that end lest any one hereafter as I see hath been often done defame good causes by an ill Defence I would more enlarge in this Argument for 't is of great consequence and here to erre is dangerous but that 't is done already with great care by many others and of late by the learned Arnisaeus Upon these premises let us come to demonstrate the parity of Empire over Sacred and other matters As in all things the thoughts are not so eafily ruled as the words so particularly in Religion Lactantius hath truly said Who shall enforce me either to believe what I will not or not to believe what I will And in this sense that of Casiodor is true Religion cannot be Commanded and of Bernard Faith is to be planted by persuasion not obtruded by violence Wherefore also the Emperours Gratian Valentinian and Theodosius said concerning an Heretick Let him think if he will what is hurtfull for himself let him not utter it to the hurt of others And I suppose Constantine had respect hereunto when he call'd himself a Bishop or Overseer of things without because the inward acts taken by themselves are not the matter of Humane power but are Subject to the power of God who by Bishops not Commanding but Ministring moves the minds of men with voices and signs yet so that the still reserves the maine Efficacy to himself alone Notwithstanding inward acts of all sorts taken joyntly with the outward fall under Humane Authority The Cornelian Law lays hold on him who carrys a weapon with purpose to kill a man and Adrian the Emperour saith not only the event in evill deeds but the will is to be consider'd So in Justinians Code concerning the Catholick Faith a Title is extant to wit for the Profession of Faith which the first Law explains All people under our Empire we require to be of such Religion c. Hence came those names of Kings Rectors Authors Defenders of the Faith So also of old the King of Ninive commanded repentance with fasting That things forbidden by God cannot with validity be commanded nor things by him commanded be forbidden by Humane power is no lesse true in other actions than in Sacred in both that of the Apostle hath place We must obey God rather than men which a Disciple of the Apostles Polycarpus hath expressed thus We have learned to render to the Powers ordained by God all the honour we can without hurting our own souls The King of Egypt Commands the Mid-wives to kill the Male-children of the Hebrews They doe not obey The cause is exprest For they feared God who by the dictate of Nature forbids to slay the innocent King Ahab would have Naboth sell him his Vineyard Naboth denyes for the Divine Law given to the Hebrews forbad inheritances to be alienated from the same family Antoninus Caracalla commands Papinian the Lawyer to defend the paricide committed by him Papinian refuses and had rather dye because he knew it was against the Law of Nature and Nations to speak false and Patronize so great a crime By the same right but with more holy affection the Apostles when the Councill charged them not to speak or teach in the name of Jesus aske whether they must not obey God rather than men and justly for they had received a charge from God himself by the mouth of the Lord Jesus in his name to Preach repentance and remission of sin and that beginning at Jerusalem for this also was specified in their Commission What therefore the Divine Command had made necessary for them to be done Humane command could not render unlawfull And in this sense the Authors are to be explain'd who say the Gospel the Ministry the Sacraments are not subject to Humane Power that is to change that which Divine Law hath introduced For first the Preaching of the word of salvation and the exhibition of the Sacraments being commanded by God cannot effectually be forbidden by men Likewise the Noursing of Parents or Children the relieving of the innocent and many other duties are so far exempt from Humane Law that the prohibition of them is of no force or vertue Secondly the forme by God prescrib'd for the Ministry of his word and Sacrament cannot be alter'd by men nor is this proper to things Sacred For also the Forme of Matrimony as it consists in the unity and individuall knot of two persons is by Humane Law immutable Thirdly it belongs not unto Humane Power to make new Articles of Faith or as Justinian speaks to innovate the Faith nor to institute a new worship of God or new Sacraments because the nature of such things will not admit thereof for nothing can be believed or done in order to salvation but what God hath declared such neither can any thing be fit to apply unto us the Divine grace unlesse God hath assign'd it to that use Yet to speak accurately these things which we have rehearsed Sacred and others may be rather said to have something in them of immutable right than simply and altogether exempted from the Rule of the Highest Powers seeing there be very many and very great acts of Authority concerning them which acts are call'd in Scripture the Commandements of the King in the businesse of the Lord. For first it is the proper effect of the Highest Powers that we have liberty and convenience to doe the things which God commandeth being freed from impediments and supplyed with helps So Cyrus and Darius gave leave to the Jews to restaur the Temple and to sacrifice there and gave them moneys too to beare their charges So by the edict of Constantine and Licinius the Christians had open exercise of their Religion Secondly not only by permitting but as before was touched Humane Law by Commanding what Divine Law doth Command superaddes another Obligation Thirdly to the actions Commanded by God the Highest Power prescribes certaine circumstances of place time and manner that they may be done decently and in order Fourthly from actions forbidden by
publick Society The very same punishment in the Gospell is call'd Casting out of the Synagogue For as Esdras had all kind of Jurisdiction by the grant of the Persian King so by the permission of the people of Rome and of the Emperours afterward the Synedry of the Jewes retained this part of it with the power of binding and scourging We learn out of the Hebrew masters that there were three degrees of casting out of the Synagogue by the first Nidui the party was commanded to stand off in the Synagogue in a meaner place by the second Cherem He was not permitted to appear in the Synagogue nor any other suffer'd to make use of him nor allow him any thing but to sustain his life in a most slender manner the third degree in Chaldee Scammatha was the proper punishment of him who by the Law of Moses had deserved death but the Power of capitall Judgement being taken away could not be put to death his touch and commerce all men shunned Some such thing seems that to be in Johns Epistle casting out of the Church which Diotrephes did that lov'd preeminence and assum'd unto himself Dominion 'T is also a point of Jurisdiction to abdicate any one from the Priests Office which Josias did to the Schismaticall Priests only allowing them where with to live So Theodosius and other Emperours made decrees about the deposition or restitution of Bishops Constantine threatens the contumacious Bishops and tels them they should be rul'd by the vertue of Gods servant that is saith he my self For we must note to the right of the sword it belongs not only to eject out of that Office which flows from the Empire of the Highest Power but from all other Offices of what kind soever That Jurisdiction about Sacred things being a part of Empire largely taken agrees to the Highest Powers is very plain Let us see whether any Jurisdiction Humane Law being set apart agrees to the Ministers of holy things and afterward we will consider what is given to them by Humane Law Naturally the Priests have no Jurisdiction that is no Coactive or Imperative Judgement because their whole Function includes no such thing in the nature thereof That Jurisdiction which the Priests had in the Primitive State of the Naturall Law they had as Magistrates not as Priests for even when the Priesthood was not joynd with the Highest Power seldome were the Priests without some power Hence is Cohen a name common both to Priests and Magistrates and among many Nations the Custome was the same For the Druids among the Gauls were the most noble of that Nation and among the Cappadocians as Strabo himself a Cappadocian tels us the Sacerdotall dignity was next to the Regall and Kings and Priests were for the most part of the same family Tacitus writes that the German Priests of old had alone the Power to punish and among the Romans that which Lentulus said in the Senate The Priefts are judges of Religion signifies not only the judgement of skill but of power But the Mosaicall Law plainly to the Priests and principally to the High Priest as it gave eminent dignity so Jurisdiction too yet under the Highest Power whether a King or Councill And 't is manifest where neither a King was constituted nor a Judge there the High Priest was Prince as being the most eminent among all whether Private men or Magistrates Examples whereof are Heli and afterward the Asmoneans That among the Jewes the Sacerdotall Nobility was of prime note both Josephus and Philo observe That the Priests had Magistracy even this alone may prove that he is to dye who obeyed not the command of the Priest In which Law the High Priest is equalled to the Highest Judge Nor did they only give judgement in Sacred but in Civill affairs being the best interpreters of the whole Law at that time the wisdome in Divine and Humane Law being not divided Whence also Philo where he brings in Moses upon the Tribunall saith that the Priests sate with him on the Bench. But in the Evangelicall Law Christ having not given unto Pastors any Dominion or Command neither hath he given them any Jurisdiction that is coercive Judicature Yet let us see what actions there are either of Pastors or of the Church if self which have any shew of Jurisdiction and therefore for their likenesse may come under that name Those actions we doe here consider which owe nothing to Humane Law or to the will of the Highest Power To Jurisdiction doth seeme to pertaine that Rod where with Paul threatneth the Corinthians whereby is meant as the Apostle explains himself to use sharpnesse to revenge all unrighteousnesse not to spare all which are expressions of a certain miraculous vertue of imposing punishment Thus Ananias and Saphira fell down dead Elymas was smitten with blindnesse Hymeneus and Alexander and the incestuous Corinthian were deliver'd to Satan To deliver to Satan was plainly a point of miraculous Power which inflicted torment on the body such as Saul in former time felt after his departure from God as Chrysostome and other Fathers interpret This is certaine when the earthly Powers used not the Kight of punishing God had given them to purge and defend the Church what was wanting in Humane ayde God himself supplyed by Divine assistance But as Manna ceased after the people were brought into the promised Land so after the Emperours took on them the Patronage of the Church whose Office was to punish them that troubled the Church without or within the forenamed Divine punishments expired To speak to the purpose that Divine execution of revenge was properly the Jurisdiction of God not of men because the whole work was Gods not the Apostles God that he might give testimony to the truth of the Gospell Preacht as at the Apostles prayers or presence and touch he healed diseases and cast forth Devils so at their imprecation commanded men to be vexed with diseases or seazed on by Devils Nor did Paul more in delivering men to Satan than did Peter and John in curing the lame man who say they did nothing by their own Power and transcribe the whole effect to God At the Churches prayers also did God often shew the like signs of his displeasure therefore are the Corinthians blamed that they mourned not to the end the incestuous person might bee taken away from among them And to the same effect is that wish not command of the Apostle to the Gal. Would they were cut off that trouble you Now in the perpetuall Office of the Pastors some resemblance of Jurisdiction hath the use of the Keys So by Christ himself is called that application of the Gospel-threats and promises which is made to particular men Whereunto Preaching hath the same proportion as Legislation to Jurisdiction wherefore by the same figure is the use of the Keys calld Jurisdiction as the
〈◊〉 quorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ferre oportet meminerint officâ—i esse sui ne quid Resp Ecclesiastica detrimenti capiat videre Clero dignitatem conciliare Et populum antiqua sub Religione tueri Da veniam erudite Lector Vale. Scripsi Decem. 17. 1650. The Method of every Chapter CHAPTER I. 1. THE State of the question 2. An argument from the Unity of the matter proved by Scripture 3. And by Naturall Reason 4. An argument from the Univer sality of the end proved by Scripture 5. And by Philosophy 6. The Right vindicated by direct Authority of Scripture 7. By the consent of the Antient Christians 8. And of the Reformed 9. And of the Heathens 10. With respect unto eternall happinesse 11. And unto temporall prosperity 12. Which follows true Religion by verâ—he of Divine providence 13. And by its own nature 14. More Reasons added CHAP. II. 1. ALL Functions are under command 2. Some by emanation 3. The Supreme Authority and the Sacred Function united in the same person by the Law of nature 4. It was so before Moses and after among the nations 5. The Supreme Authority and Sacred Function separated by the Law of Moses 6. And by the Christian Law 7. Sacred names and Privileges given to the Highest Powers CHAP. III. 1. INternall actions not subject to the Highest Power but in relation to externall 2. Actions either determined or not determined before any Hâ—mane Command 3. Actions determined by Law Divine either naturall or positive 4. Actions undetermined are the matter of Humane Law and also determined both because of their adjuncts and of a new Obligation 5. Actions not under Humane Command are only those that are repugnant to Divine Law 6. Commands repugnant to Divine Law bind to a non-residence And wherefore 7. Subordinate powers not exempt from that Obligation 8. Examples alleged to the contrary answered 9. Difference ' twixt Internall actions and Externall 10. What God commands cannot be forbidden by man with validity 11. How Religion is not subject to humane power 12. How it is subject 13. The Highest Power may determine any actions not afore determined by God 14. Resistance under colour of Religion unlawfull proved by Scripture and Examples and Objections answer'd 15. Not so many particulars in Sacred things as in Secular under humane power with the reason of it CHAP. IV. 1. OBjections answered And first that Christ instituted the Pastorall Office 2. That the Magistrate is not of the essence of the Church answer'd 3. An Objection out of Esay answer'd Whether Kings are under the Believers or Church 4. That Kings are under the Pastors function answer'd 5. The Objection taken from the Kingdome of Christ answer'd What that Kingdome is and whether he hath Vicars 6. Pastorall Government overthrows not the Authority of the Highest powers 7. Distinctions of Government Directive and Constitutive By Consent and by Command Supreme and Inferiour By Emanation and by Subjection 8. Pastors have no Coactive or temporall power proved by Scriptures and Fathers 9. Their Government suasory and Declarative 10. The Church hath no power of Command by Divine Right 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 13. The Authority of the Highest powers not overthrown by the directive and Declarative Regiment of Pastors 14. Nor by the Constitutive 15. Nor by any temporall given them by positive Law CHAP. V. 1. THe word Judgement explained 2. It pertains to the Highest power 3. Notwithstanding that they may erre 4. And notwithstanding that Christ is the Supreme Judge 5. How the Scripture is Judge 6. How the Pastors and the Church is Judge 7. Understanding is required to Judge 8. The Highest powers capable of sufficient understanding 9. Divine things are easy to be understood 10. Help from God by prayer 11. Piety also requisite in the Highest powers to enable them to judge 12. A distinction 'twixt the Rectitude and the Validity of an action applyed 13. Infidel Princes may judge of Sacred things Examples hereof 14. And the Reason of it 15. Catechumens not excluded from judgement 16. Right to judge is one thing Ability another Illustrated by Similies 17. The judgment of the Proâ—hets I Cor. 14. 31. not privative of the Highest powers 18. The Kings of the old Testament judged not as Prophets only but as Kings CHAP. VI. 1. THe Right of command and the Use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Powers 3. Principles of faith Intrinsecall Extrinsecall These Divine and Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is fit to rest in Humane Authority 7. No man may pin his faith of salvation upon another proved by Scripture and Reason 8. In matters not determined in Scripture more may be given to humane judgement 9. The Prince must use his own judgment Especially where Counsellours doe not agree 10. An Objection out of Deut. answer'd 11. Another out of Numbers 27. 12. Care must be had of the Churches Peace and Unity 13. Cautions and rules conducing to Unity Few divisions in points of Faith 14. And those in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How to preserve Unity in point of Ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall rules have their exceptions and whence 19. The distinction of power Absolute and Ordinary erroneous 20. Highest Powers how far obliged to their own Laws CHAP. VII 1. WHat we meane by Synods 2. No precept in Scripture for them 3. Their Original not from Acts 15. 4. But from the Law of nature which is distinguisht into Absolute and After a sort 5. Synods not from the Law naturall absolute 6. Synods under the Pagan Emperours by what right 7. Synods called by Christian Emperours 8. Three questions about Synods 9. Whether the Highest Power may govern without a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsel Consent Jurisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in Synod 14. Synods sometimes hurtfull 15. What may serve in their stead 16. Other causes to deny Synods beside the generall corruption of Religion 17. What is to be done till a free Council may be called 18. Synods not calla without the H. power 19. II Whether the H. power may choose the Synod-men and judge in Synod 20. The right of the Primitive Church And the assembling of Bishops 21. The Emperours encyclic letters to the Metropolitan 22. The H. power may elect Pastors for the Synod prov'd by reason and examples 23. When the election is permitted to others the H. power hath command over it 24. The H. power may judge in Synod 25. Whether it be expedient or no in person 26. The Highest powers present in
in octavo 8. Lexicon Graeco-latinum in N. T. Dom. nostri Jesu Christi Autore Georgio Pasore in octavo 9. Novum Testamentum Dom. nostri Jesu Christi Graecum Cantabrigiae in octavo 10. Idem notis Roberti Stephani Josephi Scaligeri Isaaci Casauboni in octavo 11. Novum Testamentum Latinum Theodoro Beza Interprete in duodecimo 12. Elementaria Traditio Christianorum Fidei aut Catechismus Grac. Latin per Tuss Berchetum inoctavo 13. Paraphrafis Psalmorum Davidis Poetica Autore Georgio Buchanano in duodecimo 14. Particulae Latinae Orationis collectae dispositae consabulatiunculis digestae Autore J. Hawkins Med. D. in octavo 15. A brief Introduction to Syntax shewing the use grounds and reason of Latin construction collected out of Nebrissa his Spâ—nish copy with the Concordance supplied by John Hawkins Med. D. in octavo 16. Jo. casa Galateus seu demorum honestate Elegantia notis Nath. Chylnae in octavo 17. Isocratis Orationes Epistolae Grac. Lat. Interlincat in octavo 18. 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Examples appliable to the Rules of Concordance and construction 4. Collections out of the lowest School Authors 5. More elegant expressions for children 6. The first principles of Christianity by charles Hoole School-master in London in twelves 1651. 26. A little Vocabulary English and Latin for the use of little children that begin to learn the Latin tongue by Charles Hoole in twelves 1651. 27. Alexandri Rossaei Isagoge Grammatica in Gratiamily lorum qui nolunt memoriam multis longis regulis gravari concinnata in octavo 28. Jodoci Stunpelii Parnassus Epithetorum Singula Ravisii multag Prosodiae Smetii Epitheta vario metro pro Studiosis versus eleganter extempore sine epithetorum quantitatis errore Scripturis inclusa continens in duodecimo 1651. 29. Quirti Horatii Flacci Poemata Scholiis five annotationibus Joannis Bond illustrata in octavo 30. Publii Ovidu Nasonis Metamorphoseon libri 15. notis Tho. Farnabii illustrati in octavo 31. Angeli Caninii Hellenisinus copiosâ—ssimi Graecarum latinarumque vocum Indicis accessione per Carolum Hanboesium locupletatus in octavo 1651. 31. Riders Dictionary English and Latin and Latin and English enlarged by Francis Holy-Oke in quarto FINIS 1. The state of the question 2. An Argument from the Unity of the matter proved by Scripture Rom. 13 4. Pro. 20.8 Col. 3.20 3. And by naturall reason 4. An argument from the Universality of the end proved by Scripture 1 Tim. 2.2 5. And by Philosophy In fine Eudem 6. The right vindicated by direct authority of Scripture Deut. 17.19 Jos 1.8 Ps 2.12 Es 49.23.60.13.16 7. By the consent of the antient Christians 8. And of the Reformed 9. And of the Heathens 10. With respect unto crernall happinesse 11. And unto temporall prosperity Mat. 6.33 12. Which follows true Religion by vertue of divine Providence Ep. â—st 42. 13. And by its own nature in respect of Morall Precepts and doctrines and rites 14. More reasons added 1. All Functions are under Command 2. Some by Emanation 3. The Supreme Authority and the Sacred Function united in the same Person by the Law of Nature 4. It was so before Moses and after among the Nations Gen. 18.16 5. The Supreme Authority and Sacred Function separated by the Law of Moses Est 54.13 Jo. 6.45 Heb. 8.10 1 Pet. 11.9 Apoc. 1.6.5.10 6. And by the Christian Law Tim. 11. A. Can. 6.81.83 Can. 16. Can. 3.7 Novel 123 Cap. 5. 7. Sacred names Privâ—leges given to the Hâ—ghest Powers 1. Internal actions not subject to the Higher Power but in relation to external Rom. 13.5 2. Actions either determined or not determined before any humane Command 3. Actions determined by Law Divine either naturall or positive Deut. 4.8 4. Actions undetermined are the matter of humane Law and also determined both because of their adjuncts and of a new Obligation Eth. 5.10 Rom. 11.23 Rom. 13.2 5. Acts not under Humane Command are only those that are repugnant to Divine Law 6. Commands repugnant to Divine Law bind to a non-resistance wherefore 1. Miht Sect. 4. D. deâ—ve Miht Rom. 13.2 1 Sam. 8. Dent. 17.17 20. L. â—enult D. de Just jure 1 Sam. 24.7.26.9 7. Subordinate Powers not exempted from that Obligation 1 Sam. 24 7. 8. Examples alle ged to the contrary answered 9. The difference 'twixt internall actions and externall 10. What God commands cannot be forbidden by by man with validity Acts 4.19 Luke 24. 11. How Religion is not subject to Humane Power L. cum salut L. de sum Trin. 2 Chron. 29.15.30.12 12. And how it is Subject Nov. 138. Ep. 48. Rom. 1.32 13. The Highest Power may determine any Actions not aâ—ore determined by God 15 am 10.15 14. Resistance under colour of Religion unlawfull preved by Scripture examples and Objections answered Mat. 26.52 1 Pet. 2.16 15. Not so many porticulaâ—s in Sacred things as in Secular under Humane Power with the reason of it 1. That Christ Instituted the Pastorall offiâ—e answered 2. That the Magistrate is not of the essence of the Church answered 3. An objection out of Esay answered Esay 49.23 Whether Kings are under the believing people or Church Nebem 8.8 Psa 72.9 Apos 1.5 Lâ— 22.25 1 Sam. 8.19 Rom. 13.1 1 Pet. 2.13 1 Sam. 17.8.22.12 1 Reg. 1.32 4. That Kings are under the Pastors function answered 5. The Objection taken from the Kingdom of Christ answer d. And what that Kingdome is and whether he hath Vicars 6. Pastorall Govemment overthrows not the Authority of the H. Powers Distinctions of Government Directive Constitutive By consent By Command Supreme Inferiour Inferior By emanation By subjection only 8. Pastors have no coactive or temporall Power proved by Scripture and Fathers 1 Pet. 5.3 Antig. 13.2 Phil. 2. Lu. 12.14 1 Jo. 1.1 1 Cor. 11.23 1 Cor. 7.25 2 Cor. 9.7.8.8 9. Their Government Suasory and Declarative Heb. 13.7.17 1 Tues 5.12 1 Tim. 5.17 Jo. 21.16 Ast 20.28 1 Pit 3. Act. 15.23
HUGO GROTIUS OF THE AUTHORITY OF THE HIGHEST POWERS About Sacred things OR The Right of the State in the Church Wherein are contained many judicious Discourses pertinent to our Times and of speciall Use for the Order and Peace of all Christian Churches Put into English by C.B.M.A. The Method of every Chapter is added in the margent and collected at the end LONDON Printed by T.W. for Joshua Kirton and are to be sold at his shop in Pauls Church-yard at the signe of the Kings-Armes 1651. Upon the Author and his principall Works He who the Greek wise Sayings did translate With equal Pen to Latium Vindicate From Jew Turk Pagan our Religion's Truth As learned as the Aged in his Youth He who th' Hollandian States Piety Presented unto every impartiall eye Who in the Lawes of Peace and War all Nations Hath well instructed And in 's Annotations On the whole Book of God hath made that light Shine to unprejudiced mindes more bright He that was studious how to reconcile This and that Church in mild Cassanders slile Hath shown what doctrine was Pelagius Who 's older Calvin or Arminius Is ever like himself Here which is much He 's Moderator ' twixt the State and Church And clearly shews you when you may prefer To th' Ancient Bishop the young Presbyter And when that new Invention may please By Elders Lay to give the Pastor ease We'ave set it out with just Care lest we might Wrong th' Author who hath done the State such Right C. B. THE CHAPTERS I. THat Authority about Sacred Things belongs to the Highest Powers II. That this Authority and the Sacred Function are distinct III. Of the Agreement of things Sacred and Secular as to the power over them IV. Objections against the Powers Answered V. Of the Judgement of the Higher Powers in Sacred things VI. The manner of using this Authority rightly VII Concerning Synods or Councils VIII Of Legislation about Sacred things IX Of Jurisdiction Ecclesiasticall X. Of the Election of Pastors XI Concerning Offices not alwayes necessary XII Of Substitution and Delegation To the Illustrious Pair my Lord and my Lady CHANDOS Right Honourable IT is the Great Name of the Author not any worthiness of the Translator that gives this Book a capacity of so high a Dedication The Author born in a low Countrey hath by his excellent works both Divine and Humane raised himself to the just Repute of the most General and the wisest Scholar of his time So that it is become a character of an Ingenuous Student as it was said in the last Age of his Country-man the Great Erasmus to be well versed in the Books of Grotius Out of whose Magazine our best English Writers to their praise have borrowed some of their best furniture The Argument of this Work is worthy the study of Princes and Great Persons From whom certainly God expects a greater care of his Churches Peace and Order To which purpose the Grave Author hath here said some things first of all some with a better Grace than any other and some that although they have been said very well by our own Men yet perhaps will be better taken as the English humour is from the Pen of a stranger The Translator's Designe is partly publick in this scribling Age wherein yet we have need of more good Rooks to Out the many bad ones to cast in his Mite into the Treasury of the Church of England whom as the Moderate Author much honour'd so He professeth himself to be one of her poor Children partly private by this Dedication of it with Himself to your Honours to leave a Gratefull Monument and a lasting Monument he hopes in those Gracious Hands that have supported him in his worst and weakest Times May Your Honours Both live to see the Publick Breaches both of Church and State fairly made up and particularly the Ruines of your Sudely And may Your illustrious Names and Vertues live after you and be increased in your Children So prayeth Right Honourable Of all your Servants the most obliged the most humble BARKSDALE Sudeley Jan. 6. 1651. HUGO GROTIUS Of the Empire or Authority of the Highest Powers about Sacred things or in matters of Religion CHAP. I. That Authority about Sacred things belongs to the Highest Powers BY the Highest Power I understand a Person or a Company that hath Empire or Authority over the People subject to the Empire of God alone taking the word Highest Power not as it is sometimes taken for the Right it self but for Him that hath the Right as it is frequently used both in Greek and Latin To call such a person the chiefe Magistrate is improper for Magistrate is a name the Romans give only to inferiour Powers I said a Person or Company to expresse that not only Kings properly so called which most Writers call Absolute Kings are to be understood in that name but also in an Aristocracy the Senate or States or the Best by whatsoever other name For although there must be Unity in the Highest Power it is not necessary the Person be but One. By Empire or Authority we mean the Right to Command to permit to forbid We say this is subject only to God for therefore it is called the Highest Power because among men it hath none above it That Authority about Sacred things belongs to the Highest Power thus defined we prove First from the Unity of the matter about which it is conversant Paul saith He is the Minister of God a revenger to execute wrath upon him that doth evill Under the name of Evill is comprehended also all that which is committed in Holy things for the Indefinite speech signifies as much as the Universall which Solomon hath expressed A King that sitteth in the throne of Judgement scattereth away ALL evill with his eyes This is confirmed by a Similie for the Authority of a Father is lesse than of the Highest Power yet are Children commanded to obey their Parents in all things Thus doe the antient Fathers also reason when from that of Paul Let every soule be subject to the Higher Powers they infer that the Ministers of Holy things must as well be subject to them as other men although he be an Apostle although an Evangelist although a Prophet saith Chrysostom Whose footsteps Bernard following speaks in these words to an Archbishop If every Soule yours also who hath excepted you from the Universall And truly there can be no reason given why any thing should be excepted For if that which is excepted be subject to no Authority at all which who can prove there will follow confusion among the things exempted whereof God is not the Author or if it be subject to some other Authority not under the Highest Power there must then bee two Highest Powers distinct which is a Contradiction for the Highest hath no equall By this same Argument the Fathers disprove the multitude of Gods because that which is Highest is above
such a nature that unlesse they be kept under they wil be above you the superstitious multitude do more hearken to their Preachers than their Governours Kings and Emperours have learned this at their cost and the Annals are full of examples One thing more for conclusion the experience of all ages tels us that change in Religion even in Rites and Ceremonies if it be not with consent or manifestly for the better often shakes the Common-wealth and brings it into danger Wherefore unlesse that curiosity be restrained by Lawes the State will often totter For these last reasons there are some even in the Roman Church that submit the Priest though by them otherwise exempted to the Power of the Prince CHAP. II. That the Authority or Rule over Sacred things and the Sacred Function are distinct ARistotle teacheth very well that it is not the part of an Architect as an Architect to set his hand to the worke but to prescribe what every one shall doe as right reason shall direct him and what he shall rightly appoint the workmen must rightly execute So it is the Rulers office not to doe the things commanded but to command them to be done But the Functions under command are of two sorts some are subject both by nature and order as effects proceeding from their cause some only by order In the former way under the Architect are the Overseers of the work in the latter the Carpenter the Smith and other Labourers So also to the Authority of the Highest Power are subject in the former way the offices that have in them Authority and Jurisdiction as the office of Major Governour of a town and the like In the latter way the Function of a Physician Philosopher Husbandman and Merchant Wherefore they fight with their own shadow who take great pains to prove that the Pastors of Churches as suen are not the Vicars or Deputies of the Highest Powers for who knows not that when Physicians neither can without mistake be stiled so But that the same Pastors as they receive some Authority or Jurisdiction beside their Pastorall office in respect of that accession may be called Deputies or Delegates of the Supreme Powers shall be shewed hereafter Wherefore when the Learned Deane of Lichfield proving that Priests are not therefore Superiour to Kings because Kings are commanded to aske Counsell of them uses this example that Kings advise with their Counsellours of State who yet are not their Superiors They misunderstand him who take his meaning to bee that these doe agree in all respects when 't is sufficient for a similitude that there be a correspondence in the drift of the speech otherwise even the Parables in the Gospel will be expos'd to censure Pastors are rightly compar'd to the Civill Officers in respect of the subordination not the emanation of their Office The Civill Officers are both Subjects to the Highest and Deputies the Pastors as such are only Subjects not Deputies The Authority over the Function and the Function it self being distinguished we must enquire Whether that Authority and the holy Function may be united in the same person Whereunto that we apply a fit answer a difference must be made between the Law of Nature and Positive divine Law By the naturall Law the same person may have the highest Authority and the Priesthood too because these have no such opposition but they may meet in one man Nay more set aside the Positive Law and some externall impediments it is in some sort naturall that the same Person be both King and Priest not so naturall as that it cannot be otherwise but as those things are tearmed naturall which are well agreeing unto nature and right reason For seeing Kings whose Dominions are not of the largest may easily joyne some peculiar Function to the care of their Kingdome as we have known Kings to have been Physicians Philosophers Astrologers Poets and very many Commanders in War and seeing no Function is more excellent and whence doe flow down upon the people so many benefits as the Priestly Office it appears that this above all other is most convenient and worthy of a King The consent of Nations doth evince it for in the first times when men were govern'd more by Domesticall than Civill Power the Fathers of families as all confesse did both represent some Image of Kings and performe the Priesthood also Thus Noah after the Floud was past offers sacrifice to God Of Abraham God himself saith He would instruct his Children and Family in the course of a Godly life We read also of the Sacrifices of Job and other Patriarchs After the Fathers decease as the Principality of the Family so the Priesthood too was devolved to the first borne and that custome continued in the posterity of Jacob for as yet they had no Common-wealth constituted untill the Levits that is the Priests and Ministers unto the Priests were surrogated and put in place of the first borne as the divine Law doth expresly tell us But in the meane time in the Country of Canaan there being a kind of Common-wealth we read of Melchisedec King and Priest The like was Moses before the Consecration of Aaron Other Nations of old had the same custome whether by the instinct of nature or the example of their Ancestors In Homer the Hero's that is the Princes Sacrifice and to omit other Nations the first Kings of Rome did so too and after the Kingdome was out there remained yet A King of the Sacred Rites It may be enquired whether those Fathers and Kings while the true worship of God lasted as it is credible it lasted among many of the Fathers for some Ages after the floud received the Priesthood by some speciall Title or challenged it to themselves by their Paternall and Regall Right Very learned men are of opinion that as some probably had the authority of the divine Oracle so others had it not nor is any such thing the Law positive being set aside requir'd to the constitution of a Priest Yea when the men of those times all the world over were bound as far as they knew him to honour God and to give him thanks as the Apostle convinces Rom 1. they were either bound every one to be Priests or to commend the Priesthood to some chosen men But it is the Fathers part to assigne all in the family their severall offices and among the rest the Priesthood as being by the Law of Nature not excepted and the function which he may assigne unto another the same if he be fit for it nature forbids him not to assigne unto himselfe What is faid of the Father let it be understood of the King and the rather because all confesse the free multitude in that first state had a right to choose themselves a Priest Which right of the Multitude is transferred upon the Highest Power For such Election consists of bidding and forbidding because one is licenced to
performe Priestly actions others interdicted the same But to bid and forbid are acts of Authority which he that hath not wholly hath not truly the name of the Highest Power That which is spoken to the Hebrews is not opposite hereto No man taketh this honour to himselfe but he that is called by God as Aaron For the divine writer in that place treateth of the legall Priest not of him that was or might have been before or out of the Law of Moses and he shewes whatsoever was excellent in the legall Priest was much more eminently in Christ in whom also there were many things illustrious which in the legall Priest were wanting But the Custome of joyning the Empire with the Priesthood used through all the world about two thousand five hundred years in many places longer the Luxury of Kings their sloth or businesse of war in other Nations and among the people of God the Positive divine Law did at last abrogate that Law I mean which gave the Priesthood not to any of the people but only to the house of Aaron After this what was before a praise became a trespasse Why God separated the kingdome of Israel from the Priesthood 't were hard to find out unlesse the divine writer to the Hebrews had open'd us the way 'T is apparent the Hebrew Nation was very prone to superstition and often fell away to Idols To restrain them from this when God had imposed on them a great burthen of laborious Ceremonies they began to place all their hope in them from which most unreasonable perswasion the holy men very often call them off and shew that Mercy and integrity of heart is far more acceptable in the sight of God than all their Sacrifices Had the King himselfe offered their chiefe Sacrifices as of old the custome was how much more would their minds have been taken up with so great a Majesty But now when the Priesthood was though still with Pompe enough yet disrob'd as they saw of the Royall Splendor and brought down below the King hereby they were put in mind to hope for some great Priest who should also be a King as Melchizedec was and to put their trust in him What admirers the Jewes were of their Priests even in this appears that after their return from the Captivity they forth-with added to the Priesthood the Principality which quickly advanced to a Kingdome and so to a Tyranny Moreover it is worth our observation that after the Institution of the Priesthood some reliques of the antient Custome still remained For to the Fathers of families was left the killing of the Passeover wherein as the Jewes rightly note they performed somewhat of the Priests office Circumcision also was administred without a Priest as all the Hebrews consent by any one that had skill to do it And this is not to be omitted that Prophecy which seems to have a naturall coherence with the Priesthood was as well given to Kings as Priests Yea to private men more often than to the Priests Thus did God many wayes bring the people to an acknowledgement of the weaknesse of the Leviticall order Thus did the Law as it were by the hand lead them unto Christ who was to be the highest Prophet the highest Priest and the highest King who also should make all believers in him partakers of that threefold honour Concerning the Prophecy we have that of Esay cited by St. John They shall be all taught of God and another notable place of Jeremy cited in the Epistle to the Hebrews Concerning the Kingdome and Priesthood Peter speaks of both at once where he calls the faithfull a royall Priesthood And John in the Revelation He hath made us Kings and Priests unto God Yet neither the excellency of Christ himselfe in his propheticall office nor the generall Communication of the gift of prophecy to the faithfull hinder but that some in the New Testament may be called Prophets by a singular right So also the Kingdome of Christ which partly consists in his divine care of his Church against her enemies partly in a spirituall government of the hearts of men hath not taken away either the right or the name of Kings whose Empire is externall and subject both to the divine providence and the spirituall actions of Christ according to that of Sedulius He doth not earthly Kings dethrone Who gives to His an heavenly Crown The name of Priests is also given to the preachers of the New Testament in a speciall manner but there was some reason why Christ and his Apostles did alwaies abstain from that kind of speech which ought to admonish us that we do not commonly and promiscuously argue from the Leviticall order to the Evangelicall feeing there is a wide difference both in the office and the designing of the persons to it It is enquired therefore under the Christian Law whether the Highest Authority and the Pastoral office which may be also call'd the Priesthood as was noted before can rightly be united in the same person Many arguments are brought to prove they cannot but all are not of the same strength for some doe more rightly prove the offices to be divers as they alwayes have been and that Pastors as Pastors have no Empire rather than the conjunction of the offices to be interdicted That is of more efficacy that the Apostle for bids the souldier of Christ he seems to speak of the Pastorall warfare to be intangled with worldly businesse which the most ancient Canors intitled Apostolicall extend even to inferiour civill offices And lest any think this only constituted for the times they lived under heathen Emperours the same is repeated in the Synod of Carthage under Honoâ—iâ—s and Theodosius Christian Emperours and in that of Chalcedon too The reason was because the Pastorall office is of such weight and difficulty that it requires the whole man Although this must not be taken so rigidly as alwayes to exclude Pastors from undertaking any secular charge the Lawes for example except Tuitions yet in sufficeth to remove from the Pastor my charge that is difficult and perpetuall as we see the Apostles exempted themselves for the same reason from the care of the Widowes maintenance an office otherwise not improper for them But the charge of a Kingdome is both perpetuall and more weighty than any other The strongest argument is That the royall office requires far other manners and behaviour than the Pastorall as it is described in the Gospell So that even thence it sufficiently appeareth both cannot with any convenience and comlinesse be sustained by one nor without inconstant levity in passing from the exercise of one to the other We have shewed that the Empire is distinct from the sacred Function and that there are causes why Both together ought not to be undertaken by the same person Neverthelesse because both the Empire and the Pastorall office by Pastors I understand the Ministers
Election inferrs thus Yet I will not thence conclude that the right of electing Bishops is to be reduced to the promiscuous Votes of the common people for whether it be better that the Bishop be design'd at the meeting of the whole Church or by the suffrages of a few no right Constitution can be prescribed to all Churches for severall Countries have severall Laws Customes and Institutes If any in whom the right is abuse it by Tyranny they are compelled into order by the Holy Magistrate or the right of designing Ministers may be transferr'd from them to others for it is sufficient that some Elders performe that office of Electing upon command of the King or Magistrate by the advise and Counsell of men who understand what the function of a Bishop is what is the condition of that Church or People over which a Pastor is to be appointed who also can judge of the endowments the learning and manners of every one By this right Justinian as we have said Constituted a manner of Electing somewhat receding from the former usage and the antient Canons by this right after the Nicene Canon were many Bishops elected by the Clergy and the People The Lawes of Charles the Great and other Kings are extant containing divers wayes of Electing so that Bucer said most truly The form of Election is prescribed by pious Princes Let us now consider whether the Highest Power it self may make Election the question is not whether it ought to make it nor whether it be alwayes expedient to doe so but whether if it doe make Election it commit any offence against the Law Divine We say with the excellent Marsilius Patavinus The Law-giver or Prince is not by any Law of God prohibited from the Institution Collation or Distribution of Ecclesiasticall offices Whosoever affirm the contrary doe accuse of impiety innumerable pious Princes of antient and of this age which truly is a point of great temerity when no Divine Law can be produced to prohibit it as hath been abundantly by others and by us in some part demonstrated Although this might suffice for whatever is not circumscrib'd by Divine Law is within the sphere of the Highest Power yet for the desending of our sentence both reasons and examples are in readinesse The first reason is taken hence that all actions even those that naturally belong to others not having causes determined by nature we see are rightly exercised by the H. Power Naturally men choose teachers for their children and give them Guardians sick persons make use of what Physician they please Merchants elect the Curators of their Company Yet in many places Guardianship is appointed by Law alone or the will of the Magistrates Physicians are constituted by publick Order and Informers of Youth too with interdiction of others from the practice of those faculties and to the Commanies of Merchants are fit Curators also appointed by the Highest Power without blame of any any But if this right be competent to the Highest Power over those things which did belong to every one much more over those things that belong unto the People because the power of the people is devolved upon it as all men know that have any knowledge of the Lawes That sometimes there may be just causes why the H. Power should challenge to it self the Election of Pastors no wise man will deny For often errours introduced into the Church against the word of God cannot be rooted out by other means often there is no other way to avoid Schism often the suffrages of the Clergy are disturb'd with factions popular election with seditions whereof are extant many examples even of the purer times Adde in the last place that the times are now and then so boisterous that the King will hardly keep the Crown upon his head except hee have a care the Pastors may be most obedient and faithfull to him Verily all Histories doe witnesse how dearly the German Emperours paid for their abdication of this Imperiall Right That we may come to Examples it hath been shewed afore that before the Mosaicall Law and afterward among the Nations without Judaea Kings themselves enjoyed the Priesthood the Divine Law not then forbidding it at which time there can be no doubt the Priesthood might also have been committed by them to others as we read the Pontifs and Flamens were created by the Kings of Rome But among the Hebrew people after Moses Law no man except of Aarons family could be admitted to the office of a Priest nor to the service of the Temple unlesse he were a Levit. Hence is Jeroboam justly blam'd for choosing Priests who were not Levits for the Law did not allow it nor was it in the King to command Sacrifices to be offered in any place but the accustomed which after David was Jerusalem Other Functions or the places for them the King might assigne to the Priests and Levits So were some Levits appointed by David for preaching others for singing And that there should be Singers with Harps and other Instruments was God's precept by the Prophets as the application of persons to the severall offices is every where attributed to David under the name of King and after David to Solomon and Jehoshaphat the King not the Prophet by name electeth Priests and Levits whom he might send forth to the Cities of Juda to instruct them The very same thing that is here debated For as some Fathers were of opinion the right of blood in the Moisaicall Law is correspondent to the Imposition of hands in the Christian Law As then the Hebrew King may apply certain persons to a certain office and place but only such as were of Aarons family and Levits so the Christian King rightly makes a Presbyter or Bishop of a certain City but of them which are ordain'd or to be ordain'd And so did Nehemia's Lieutenant to the Persian King leave some Levits in the particular Cities others hee called forth unto Jerusalem Yea the High Priest attained not that dignity by Succession but Election of the great Synedry yet confined unto certain families which Election seemeth to have been the regall right when the Kings reigned the most learned of the Hebrews Maimonides hath observed But let us proceed with the Christians Before Constantine no man will wonder that no Christian Pastors were elected by the Emperours when the Emperours either were enemies to the Church or had it in contempt and accounted it not worthy of their care Constantine gave the force of a Law to the Nicene Canon of Election to be made by Bishops other Emperours after him did the like either by renewing the Canon or not abrogating of it And 't is manifest this manner of Election was long in use the Empire being of greater extent than that the Emperours diligence could provide for all the Churches Notwithstanding this it was lawfull for the Emperours if they pleased to Elect by themselves For seeing it
published by Justinian about the year DXLI at what time the Roman Bishops were at the Emperors devotion and created by them There is also another Constitution of the same Emperour set forth as is thought in the year DLV. and inscribed to the Bishop of C P. Which permits the Founders of Churches or of maintenance to appoint Clericks if yet they be found worthy by the Bishops examination And in the year DLIII a Canon was made is the Councill of Tolen to the same effect About the yeare DCCCXXVII were collected the Constitutions of Charls the Great wherein we find If Laic Patrons present unto the Bishops Cleriks approved both for their life and learning to be consecrated and constituted in their Churches by no means let them be rejected Not only Pastors of inferior degree but Bishops also were constituted by the Dukes of Bavaria and Saxonia by a Right long since derived from the German Emperours as hath been observ'd by others When as without such Grant the Investiture of Bishops as Hermoldus of old hath written is proper to the Imperiall Majestie Wherefore this Right was extracted from the Constitution and Concession of Emperors and Kings and is an Of-spring flowing from the Right of the Highest Power And it is so far from depending on the Popes Authority that on the contrary the makers and Interpreters of the Papall Law have opposed or clipped nothing more eagerly desiring to perswade the world that all benefices are the Patrimony of the Pope Panormitan is chief among them whom I had much rather have for my adversary in such a matter than my Second For I know most of his Comments in this kind are refuted by Covarruvia and Duarenus and other Lawyers and wisemen have herein alwaies differ'd from the Clergy of those times even unto our age See but what the the Holland Senate hath noted in the Trent-acts as contrary to the old Law of our Nation To the IV. Sect. c. 12. In this Chapter the Lay Patrons seem to be grieved To the xxv Sect. c. 4. We must beware lest by uniting Parish Churches and single Benifices prejudice be done to the Lay Patrons and in other places more to the like effect This was then the judgement of the Senate the Keeper of the old Customs of our Country which may more justly be defended by us than what our Ancestors in their unhappy time esteem'd intollerable But what if the Roman Bishops themselves what if Panormitan himself durst not require of Lay Patrons what is now required by vertue of their Authority I will not dispute about the word whether the Collation of the Patron may be call'd Election and yet Clement III. calld it so These words are cited In a Conventuall Church the assent of the Patron is better requir'd not to the election of the Prelate to be made but after it is made the following words which are very materiall being omitted unlesse the custome be otherwise by reason of his Jurisdiction For many ages before and in many places the custome was otherwise and namely in our Holland Witnesse againe the Senate Note that if the first Prebend to be void in Collegiat Churches be assigned to the Readers of Divinity the King and other Lay Patrons whose right it is in the Collegiat Churches of Holland in every Chapter should be deprived of the presentation of the Prebend first to be void In such a Collegiat or Conventuall Church the Pope hardly admitted a Lay Patron but the Emperors Kings and the Princes of our Holland as we now heard have admitted him even to the memory of our Fathers and therefore the Pope fearing he should not be obeyed added to his decree the exception of Custome which many as it now appears if they had a Papacy would not adde That our States abrogated the Right of Patronage neither is true nor can be said without their injury For they mention among the causes of the troubles the Acts of the Trent Synod and shew that nothing did more hinder the publication of them than that the Lay-Patrons complained their Right was infringed by those Constitutions What opinion the States themselves had of the businesse we have heard their own words This is a certain truth that both the election made by the Patrons may upon just causes be rescinded by the Highest Power and all this Right no lesse than other things which are the properties of private men is Subject to the Commands of Law To which restraint if we adde both the exploration of the people and the Pastorall Ordination the corruption of the Church need no more be feared from Noble Patrons than from Rustic Elders Two things remaine to be spoken before I conclude this part concerning derived Right The one is this that the Inferiour powers have by Divine Right us Authority at all about Sacred things What ere they have they have it as by the Supreme which we have elswhere noted Wherefore neither Joseph the Decurion nor the Proconsull Sergius could doe more in the Church than any private person Because neither the former from the great Synedry nor the later from the Roman Emperour had received any Power to dispose of Ecclesiasticall affairs And no man ought to snatch to himself the sword or any part thereof The other is this Being the tuition of the Church is a principall part of the Supreme Authority the Highest Powers will doe wisely if they grant as little as may be of it to the Magistrats And whatsoever they grant let them take care at least to commend these most noble Offices only to their most noble Peers For if the charge of Checker mony and Coine is committed not to the Municipall Judges but to men of higher place how much more doth it concerne the publick safety and the Churches honour that Ecclesiasticall affairs be not devolved to inferior tribunals So in France no Judges below the Parliament have cognizance of abuses of the Ecclesiastic censure nor with us of old below the Senate of Holland But the Inspection of the Church affairs is not easily to be deferr'd to them who are not in the Churches books For seeing both Jews and Christians held it irreligious to carry their private complaints before such as were Aliens to their Law much more unworthy were it and dishonourable in so great frequency of Right believers that the wounds of the Church should be committed to the cure of any other persons but only to the Sons of the Church THE END Soli Deo Gloria Erudito Lectori EX Latinis bonis Anglica non mala me fecisse si censueris est quod gaudeam Fateor autem ne mibi fraudi sit nonnulla hic omissa ea nimirum quae â—ut ipsa Res aut Lector meus faciliùs abesse pateretur Nempe istam navavi operam in eorum praecipuè gratiam qui Latina non attingunt Ingens operae pretium est ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉
Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin â—ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men
18. The Church hath no Power of command by Divine right 2 Cor. 10.4 Eph. 6.17 Phil. 3.20 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture Col. 2.16 Act. 20.7 1 Cor. 16.2 Apoc. 1.20 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 1 Mac. 4.59 13. The Authority of the H. Powers not overthrown by the directive declarative regiment of Pastors 14. Nor by the constitutive 14. Nor by any tâ—mporall power given them by Positive Law 1. The word Judgement explained 2. It pertains to the Highest Power 3. Notwithstanding that they may eâ—â—e 4. Notwithstanding that Christ is Supreme Judge 5. How the Scripiture is Judge Jo. 7.51.12.48 6. How the Pastors and the Church is Judge 7. Understanding is required unto Judgment Deut. 17.8 Jos 1.8 8. The Highest Powers capable of sufficient understanding 9. Divine things that are necessary are easy to bee known Rom. 12.3 10. Heln from God by Prayer Ps 72.1 Ps 51.8 1 Reg. 3. Num. 11.27.25 Dent. 34.9 Heb. 1. Mâ—â— 13.8 Rom. 10.8 â— Cor. 4.3 4 Num. 1.29 1 Tim. â— 4â— 11. Piety is also required in the Higher Powers to enable them to judge Deut. 17.19 Jos 1.7 8. 1 Tim. 1.6.7 12. A distinction 'twixt the rectâ—tude and the validity of an action applyed 13. Insidel Princes may judge of Sacred things Examples hereof Act. 14. 14. And the reason of it De bone persev cap. 14. Jo. 5.30 Act. 17.11 15. Catechumens not excluded from Judgement 16. Right to judge is one thing Ability another And this illustrated by Siâ—ilâ—cs 1 Cor. 14.31 17. The Judgment of the Prophets not privative of the Highest Powers Deut. 18.22 1 Jo. 4.1 1 Thes 5.19 20 21. 1 Cor. 14.29 1 Cor. 12.9 1 Cor. 11. Epist 33. 18. The Kings of the old Testament judged not as Prophets only but as Kings Luke 10.24 1. The Right the use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Power 3. Principles of Faith Intrinsecall Extrinsecall Divine Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is sit to â—rest in humane Authority 2 Cor. Hom. 13. 7. No man may pin his faith of salvation upon another proved by Scripture and reason Rom. 4.3.10.17 Jo. 4.28 Mat. 15.9 1 Thes 2.13 8. In matters not determined by Scripture more may be given to Human Judgement 9. The Prince must use his own judgement especially where Counsel louis doe not agrec 10. An objection out of Deut. answered Deut. 17.8 Mâ— 23.2 Deut. 17.12 11. Another out of Numb 27. Tit. 2.11 12. Care must be had of the Churches Peace and Unity Jo. 13 35. Act. 4.32 13. Cautiions and Râ—les conducing to Unity Fâ—w Decisions in points of Faith 14. And those in in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How top eserve unity in point of ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall Rules have their exceptions and whence 19. The Distinction of power absolute and ordinary erroneous L. 3.d de Leg. 20. Highest powers how far obliged to their own Laws Nov. 105. 1 Cor. 6.12.23 L. â—non omne d. de reg jur Pro Rabir. 1. What we mean by Synods 2. No Precept in Scripture for Synods 3. Their Original not from Act. 15. Act. 15.3 4. But from the Law of Nature with a distinction of the Law of Nature Absolute After a sort 5. Synods not from the Law of Nature absolute 6. Synods under the Pagan Emperours by what right Act. 24.14 6. Synods called by Christian Emperours 8. Three Questions about Synods 9.1 Whether the H Power may govern withour a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsell Consent Jarisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in a Synod 14. Synods somtimes hurtsull 1 Cor. 3.13 Phil. 3.15 15. What may serve in their stead 16. O. her causes to deny Synods beside the generall corruption of Religion Epist 24. In 4. prac loc 5. 17. What is to be done till 2 free Councill may be called 18 Synods not cald without the Highest Power 19. Whetther the Highest power may choose the Synod-men 20. The Right of the Primitive Church And the Assembling of Bishops Acts 15.2.12 21. The Emperours encyclic letters to the Metropolitans 22. The Highest Power may elect Pastors for the Synod Proved by reason and examples 1 King 22. 23. When the election is permitted to others the Highest Power commands â—â—â—veri 24. The H. Power may judge in Synod 25. Whetheir it be expedient or no in person 26. The Highest Powers present in Synods by their Deputies 27. III. What is the Highest Powers right after Synod The Epicrisis wherein is contain'd right to change to adde to take away 28. An objection answered D. quando appell 28. The manner of giving the Epicrisis or finall judgement And of Appeal Dio. 29. The Epicrisis in parts of Religion as well as in the whole 1. The severall acts of Authority are Legislation Jurisdiction and another without speciall name Mat. 8.9 2. Wherein is Legislation 3. It belongs to the Highest Power about the whole Body of Publick Religion 4. Answer to the Objection of the change of Religion Pro. 25.1 5. Religion must not be brought in by the force of subjects Deut. 7.5 6. False Schismaticall worship by the Highest Power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppeslion of unprofitable questions Soâ—â—m 1.7 c. 12 〈◊〉 cleric D. de sum â—â—init And of words not found in So pure Nâ—â—â—on De side 10. The Regulating of Church mens conversation Novel b.c. 11. In Greg. 4. 11. Lawes about things undetermined by Divine Law And that beside the Canons 12. Yet the Canons are of use in the making of Lawes 13. No Legislative Power belongs to the Church by Divine Right 14. Yâ—t it may be granted by the Law Positive cumulatively nâ—tâ—rivatively and not without subordination and dependence Come Tolet. 6. can c. 15. How Kings have confessed themselves bound by Canons 16. The Canons dispensed with by Emperours 1. Examples hereof even in the Apostolicall 1 Tim. 3.6 1 Tim. 5.9 17. Divine Lawes also moderatâ—d by equity Let â—â— 7.10 22. 1. Jutisdiction about Sacred things belongs to the Highest Power 2. The effects of it are declared Ep. 3. v. 10 3. Jurisdiction properly so called belongs not naturally to the Pastors 4. Yet by Law Positive it belongd to them in some Nations Cic. l. 4. ad Attic. Deâ—â— 17.8 L. 3. devit Mos 5. Pastoral acts of Divine Right which seeme to come neer to Jurisdiction and yet are distinct from it 6. The Apostolicall rod. 1 Cor 4.21 2 Cor. 13.10 10.6.13.2 Acts 4.13 1 Tim. 1.20 1 Cor. 5. Acts 3.12 1 Cor. 5.2 Gal.