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A85746 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.; De imperio summarum potestarum circa sacra. English. Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687, translator. 1651 (1651) Wing G2117; Thomason E1244_1; ESTC R202244 156,216 365

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of the Gospel for Kings are Pastors too and that of the Lords flock yea Pastors of the Pastors as a Bishop once call'd King Edgar though distinct yet agree in this that the same which is the Pastors only care is the principall care of the Highest Powers namely that Divine things may be rightly ordered and the Salvation of men procured we need not wonder if the Highest Powers for the community of the matter and the end receive sometimes the title of the other Function Hence it was that Constantine call'd himselfe a Bishop and other Emperours had the title of Renowned Pontifs or Priests In the Emperour Martianus the Roman Bishop extolls his Priestly mind and Apostolicall affection and Theodoret mentions the Apostolicall cares of Theodosius As the names so the privilege of the Function hath been given to Emperours The sixt generall Synod forbiddeth Laicks to approach the Altar i.e. the Table of the Lord but the Emperour is excepted Upon which place Balsamo Bishop of Antioch observes how the Emperours were wont to Seale with Wax as the Bishops of that time did and to instruct the people in Religion Now if the Emperours were called as we have shewed they were Bishops and Pontifs and Priests there was then no cause of upbraiding some English writers for attributing to their King a certaine spirituall power seeing the name is often imposed not from the manner of working but from the matter as we call the Laws military nauticall rurall Wherefore the Kings power is also spirituall as it is conversant about Religion which is a spirituall thing CHAP. III. How far sacred and profane actions agree as to the right of having Command over them FIrst let us see what kind of actions for about them Authority is properly conversant may be the matter of command and then what effect the command may have in the severall kinds Actions are first divided into externall and internall The externall are the primary matter under humane power the internall are the secondary nor for themselves but by reason of the externall and therefore about the internall which are wholly separated from the externall and respect them not humane commands are not given Hence is that of Seneca He erres who thinks the whole man can be subdued for the better part is excepted and that common saying Thought is free The reason is because Government re-requires some matter which may fall under the Governours knowledge but God alone is the searcher of hearts and hath the sole Empire of them Unto men the internall acts of others are uknown by their own nature by their own nature I therefore adde because the externall that are done in secret are under Government for by their nature they may be known I said internall acts are subject to command secondarily that comes to passe two wayes either by the intention of the Ruler or by a kind of repercussion in the first manner where the inward act is joyned with the outward and hath influence upon it for the mind is esteemed in offences either perfected or begun in the latter when because any act is made unlawfull by the interdiction of the Ruler for we must be subject not only for wrath but for conscience sake by thought to intend that action is unlawfull not as if humane Law were properly made for the thought but because no man can honestly will that which is dishonest to be done Another partition of Actions is this that before any thing is by men ordain'd concerning them they are either morally defin'd or indefinite Morally defin'd I call those which are either due or unlawfull those may be said to be morally necssary those morally impossible as in the Law dishonest things are all expressed by that word This determining of Actions before any Act of humane Authority ariseth either from their own nature as to worship God is due to lye unlawfull of it self or from the Positive divine Law Those of the former sort are referred to the Law naturall but lest any be deceived by the ambiguity of the word naturall not only those Action are called naturall which flow from principles known by nature but those also which come from naturall principles certainly and determinatly For naturall in this argument is opposed not to Supernaturall but to Arbitrary So when as it is certaine God the Father Son and Holy Spirit are one true God that the same God be worshipped is a point of naturall Law Actions of the latter sort that is determined or defin'd by divine Positive Law are such as were prescrib'd by God some to all men some to one people some to single persons namely to Abraham Isaac Jacob Moses and other servants of God Among all people to Israel alone God prescribed many Positive Lawes pertaining to Religion and other things To all mankind some things were commanded for a time as the Law of the Sabbath presently upon the Creation as some think the Law of not eating bloud or the strangled after the floud Other things to last for ever as the Institutions of Christ concerning Excommunication Baptisme the Supper and if there be any more of that kind These things being understood it may seeme that such Actions only are the just matter about which Humane Authority is exercised which by Divine are left indefinite and free either way For Aristotle describes that which is legally just to be that which from the beginning was indifferent thus or thus but after the Law made ceaseth to be so And this is true if we only look upon such an act of Authority which intrinsecally changeth the action for when as the things that ought to be done and the things unlawfull are determined and therefore immutable as to morall good or evill it follows that indefinite actions are left as the only matter of such a change Neverthelesse when the things that ought to be done and those that ought not are capable of a change extrinsecall and may receive it from humane Authority it is manifest they are Subject to the same Authority unlesse they be actions mecrely internall Hither it pert●ins to assigne the time place manner and per●●ns for performing of due actions so f●r as the circumstances are undefin'd by the nature of the thing and the Law of God also to take away impediments and sometimes to adde rewards and to restraine unlawfull actions by such punishments as are in the Rulers power or else to inflict no punishments which is call'd permission of the fact and is sometimes no fault To him that looks more narrowly into these things it will appeare that by humane command there ariseth a new Obligation even in Conscience though of lesse degree in the things which men were before bound to doe or leave undone For the divine Law of the Decalogue saying to the Jew Thou shalt not kill Thou shall not steale and the rest not only declar'd what was of the Law naturall but by the precept
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
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
added a new Obligation to the former so that the Jew doing the contrary not only offended in doing a vitious act but an act forbidden because by the transgression of the Law he dishonour●th God as Paul speaks As it is in the Divine Law of the Decalogue so also it is in Mans Law a proportion being observed For they that resist resist the Ordinance of God and therefore shall receive to themselves damnation as the Apostle testifies We have considered how largely the matter under Humane Power is extended and what acts belong unto it in every kind now let us see what acts are not by right within the Command thereof It is certaine those only are without the limits of the Supreme Power which are repugnant either to the Naturall or to any other Divine Law no other way of confining the right of the Highest Power can possibly be invented The things defined in the Law Divine wherein I comprehend the Naturall are of two sorts some commanded some forbidden Therefore there are two acts of Empire which belong not to the Right of him that Ruleth To command what God forbids To forbid what God commands The reason is because as in naturall causes the Inferiour have no force to work against the Efficacy of the Superiour so it is in Morall Wherefore such Commands so far as they doe contradict the Divine cannot have the proper effect of Commands they cannot Impose an Obligation Excellently saith Austin If the Curator Commands somewhat is it not to be done no If the Proconsul forbids Herein you contemn not the Power but choose to obey the Higher Againe if the Proconsul bid one thing the Emperour appoint the contrary without doubt you must hearken to the Emperour Therefore if the Emperour doe require one thing and God another what is to be done God is the greater Power Give us leave O Emperour to obey Him Yet we must carefully distinguish between the Act of Authority which moves the Subject to work and the Force offered which imposes on the Subject a necessity of suffring For when the Act of Authority is without effect and layes no obligation yet the Force hath an effect not only Physicall but Morall not on the agents part but the patients namely that it is not lawfull to repell that force by force for violent defence being lawfull against an Equal against a Superiour is unlawfull ●A Souldier saith the Lawyer who resisted his Captain going about to chastise him was punished by the Antients If he laid hold on his Cane he was casshier'd if on purpose he brake it or laid hand on the Captain he was put to death This though probably it might have proceeded from Humane Law for humane Authority binds to all things which are not unjust and it is not unjust to forbear resistance or also from the Law of Nature which suffers not a part to oppose the whole no not for self-preservation yet is it more cleerly demonstrated out of the written law of God For Christ when he said Hee that taketh the Sword shall perish by the sword plainly disallows a forcible defence against the most unjust force offer'd by Authority And hither is to be referr'd that of Paul Hee that resisteth resisteth the ordinance of God There are two wayes of resisting either by doing against the command or by repelling force with force as Austin interprets Whether the Power favouring the truth corrects a man he hath praise by it who is amended or disfavouring the truth rageth against a man hee hath also praise by it who is Crowned So Peter will have Servants subject to their Masters not only to the good and gentle but to the froward which the same Austin extending also unto Subjects Princes must be so endur'd by the common people saith he and Masters by their servants that they may exercise their patience in bearing temporall things and their hope in waiting for things eternall So it was also in the old Law where to use Subjects for servants to give away their goods to others is call'd the Kings Right not as if the King doing so did justly the Law divine had taught him another lesson yea had forbidden him to be puffed up to gather abundance of gold and silver and a multitude of horses but because doing so no man might lawfully oppose force against Him as the Romans say The Praetor gives Judgement even when he decrees that which is unjust Hence was that twice spoken of a King though most unjust yet set up by God Who can lay his hand upon the Lords anointed and be guiltlesse Neither are they by any means to be heard who against the holy Scriptures against right reason against the judgement of pious Antiquity doe arme certain Inferiour Powers against the Highest For Peter teaching obedience to the King that is to the Highest Power as Supreme to Governours that is to Inferiour Powers as sent and ordained by Him manifestly shewes all the right of Inferiour Powers to depend upon the Commission they receive from the Highest Hence Austin concerning Pontius Pilat Such power God had given him that was contained under Caesar's Power And was not David a Prince and a Leader among the people of God who was so farre from touching that Tyrants person that his heart smote him for cutting off the lap of his garment Reason confirmes what we have said For those Magistrates in respect of their Inferiours are Magistrates as long as it pleaseth the Supreme Power but in respect of the Supreme Power they are but private men because all Power and all Jurisdiction flowes from the Supreme and still depends upon it Hence Marcus Aurelius that most wife Emperour said The Magistrates judge Private men Princes the Magistrates and God the Princes By the name of Princes understanding the Emperours who were now become absolute The ancient Christendome was of the same judgement for no Governours no Leaders of legions ever attempted any thing with Arms against the most impious cruell and bloudy Emperours So that it is a very sad thing that our Age hath brought forth men of learning who by a new-coyned doctrine have opened a broad way for Seditions and Wars to enter in Neither ought we to be moved by any late examples of Arms taken up against Kings For if they were taken up against Kings upon whom the whole Right of the people was translated and who therefore raigned not by a precarious but proper Right whatsoever pretext or successe they had they cannot be prais'd without impiety But if any where Kings were bound by Contracts on Positive Lawes and Decrees of some Senate or States against these having not the highest Authority upon just causes by the judgement of the same Senate or States Arms might be taken up For many Kings even such as succeed by inheritance are Kings by name rather than by Power as Aemilius Probus hath written of the Laconians But this
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
himself Hence also Austin said The Emperour is not subject to his own Laws for 't is in his power to make new and Justinian In all things before spoken the Emperour is excepted to whom God hath made the Laws themselves to be subject If then the Question be proposed whether it be lawfull for the Highest Power in common accidents to exceed the bounds of Law the Answer may be given in the words of Paul the Apostle It is lawfull but not expedient or in the words of Paul the Lawyer It is lawfull but 't is not for his honour It becomes your wisdome saith Cicero to consider not how much you may doe but what you ought to doe and every where in good Authors to that which is lawfull is opposed that which is a duty that which is expedient that which is honest that which is best to be done Lastly that which is said above hath place here also Though the action hath not full rectitude if Right be not wanting the Act is firme for suppose an unwise command suppose a disorderly command come from the Highest Power it must be fulfill'd if it may be without sin for the Apostles word is still of force We must needs be subject To him hath God allotted Supreme Authority to us is left the glory of Obedience CHAP. VII Of Synods THis place requires that we treat of Synods By Synods we mean Assemblies consisting of Church-Pastors alone or chiefly of them for the acting of somewhat by common consent for if Pastors be call'd together to hear commands that Assembly I suppose is not call'd a Synod The utility of these Synods being evident it is enquired what Original they have and what necessity I find no Precept in the Law Divine for having of a Synod and they are much deceiv'd that make Examples of equall force with Precepts Yet are Examples of great use that it may appear what hath been usuall and what in the like cases may be prudently imitated We have no Examples of these Synods out of the Old Testament for a Synedry is one thing and a Synod another In the New Testament we have a Law for Believers to meet for prayer and hearing the Word and breaking of bread The offended brother is bid to tell it to the Church that is to the Assembly of the faithfull and it is added Where two or three doe joyn in prayer and where two or three are met together in the name of Christ Christ will be present with them And Paul saith The spirits of the Prophets are subject to the Prophets speaking of one Church or Congregation Here is no Synod yet The Originall whereof is wont to be taken from that History Acts 15. but whether that Assembly be properly call'd a Synod as we now take the word may be made a Question There arose a Controversie between Paul and Barnabas and certain Jewes at Antioch concerning the force and efficacy of the Mosaicall Law Paul and Barnabas and some of Antioch are sent to know the judgement of the Pastors of all Asia or of Syria Cilicia and Judoea gathered into one place no certainly but of the Apostles and Elders at Jerusalem The company of the Apostles was a College not a Synod and the Presbytery or Eldership of one City was not a Synod neither Only one Church is consulted with or rather the Apostles only whose Answer is approved by the Elders and Brethren of Jerusalem Wherefore we derive the originall of Synods from the Law of Nature Man being a sociable creature his nature permits association especially with them to whom either any contemplation or action is common So Merchants for Traffick Physicians and Lawyers to examine the controversies in their Art hold their meetings by the Law of Nature But to avoid mistake we distinguish between that which is naturall absolutely and cannot be altered as to worship God to honour our Parents not to hurt the innocent and naturall after a sort that is permitted or allowed by Nature untill some Law of man interpose thus all things are by Nature common all persons free the next of kin is heir untill by humane Constitutions propriety and servitude be introduced and the Inheritance given away by Will In this second acception it is naturall to hold Synods for if it were so in the former sense Bishops would never have asked the Empeperours leave before they met and Jerom's argument to prove a Synod unlawfull were not good Shew me saith he what Emperour commanded the celebration of that Council The convention therefore of a Synod is in the number of those things which being permitted by the Law of Nature are wont to be commanded by humane Law or permitted or prohibited So in the Council of Agatha the Bishops summoned to the Synod are desir'd to come unlesse they be hindred by sicknesse or the royall Precept It may be objected that leave to gather a Synod was never asked of the Pagan Emperours But we say there was no need to ask leave when there were no Imperiall Edicts against it As for the antient Decrees of Senate against meetings religious meetings were excepted in them and particularly the Jewes as Philo relates it had leave of Augustus to assemble In whose privileges the Christians might justly claim a share believing all things that are written in the Law and the Prophets And Suetonius under the name of Jewes designes the Christians too Besides in the places where most of the Synods were held though subject to the Roman Empire they had the benefit of their own Lawes Wherefore if at any time the Churches enjoyed Peace which often happened under Pagan Emperours the Bishops had no hindrance but they might meet in Synods But in the heat of Persecution as the Christians could not intermit Church-meetings although forbidden by humane Lawes because they were commanded by Divine So the Bishops were carefull not to incurre the suspition and hatred of the Rulers by Synodicall Assemblies so long as the Church could subsist without them Cyprian shewes in severall places when under persecution there arose a great Question about receiving the lapsed into Communion and to the deciding of it there was need of Common-Counsell neverthelesse the Bishops deferred their meeting till the storme was past neither durst the Bishop of Rome Liberius without the consent of Constantius call a Synod The orthodox Bishop of Spain assembled not into the City of Agatha without the permission of King Alaric although an Arian What the Pagan Emperours had no regard of that the Christian Emperours justly assumed to their care and government well considering the corruption of anything to be so much the worse by how much better it is in the regular use After that Synods were not left in medio but as they gave hope of good or fear of evill so they were either commanded or forbidden Therefore Socrates the Historian saith The greatest Synods were holden
the Bible cannot be depriv'd of that which is granted to private men to search the Scriptures to try the spirits But here must be exceeding great Caution lest the Majesty of one bridle the Liberty of many 'T was said of old Casar when will you give your Vote if first of all I shall have one to comply with Yet will it be most profitable that the Supreme Governour not only honour the Assembly with his presence but also order and moderate the actions enquire into the grounds of every sentence and propose objections Which the Emperour Constantine did in the Nicene Synod and Charles the Great in that of Francford But when the Synod in things not determined by Divine Law gives Counsell to the Highest Power what is for the Churches benefit here also it is better to propose the incommod●es with the commodities than to deliver judgement openly according to that Rule What should be done debate with many what shall be done determine with a few The royall presence also when the Synod is held chiefly to testifie the Churches Consent is of good effect to curb the boldnesse of turbulent men but the Supreme Governour shall be more assured whether the consent be true and spontaneous if he give no suffrage but he content to reserve the Epicrisis or finall determination to himself And this hath place too in the Synod which by concession of Humane Law doth exercise some Jurisdiction the Supreme Governour may be present and give Sentence if he please but 't is more proper for him that he reserve himself entire for the Epicrisis or Judgement after We have spoken of the Highest Power when it self is present in the Councill but pious Emperours could not alwayes be so by reason of other affaires and then they sent others in their name with Commission either to judge together with the Bishops or only to preserve good order For in the Synod of Chalcedon it is clear enough that the Senators and Judges interposed often and gave their Sentence in defining the very Articles of faith but in that of Ephesus Candidian was not allowed by Theodosius to passe his judgment To the Councill of Tyrus Constantine sent only Dionysius a man of Consular degree to observe all that passed but he went beyond his Power as Ahanasius notes Hee had all the talk and the Bishops observed him in silence Now we come to that Judgement which belongs to the Highest Power after Synod the Greek Fathers call it Epicrisis This is so proper to the Highest Power that it must not be cast off or neglected by Him For if the Synod only give Counsell in things to be done by the Highest Power 't is certain His judgement to whom the Counsell's given ought to follow whether it be led by certain arguments as is necessary in the matter of Faith or in some sort by the Authority of other men For as above some Judgment of the doer must precede every act that it m●y be right but absolutely and in all things no man can square his judgement by that of another unlesse it be such a judgement as in infallible but the Judgement of a Synod is not such If some Doctrine be explain'd or some Law Divine 't is not only the Right but the Duty of the Highest Power to see wether the Synod walked according to the Rule of Holy Stripture as Constantine writes of himself to those that met in Tyrus For 't is his part to Govern What if some Synod such as many have been and many may be shall either through ignorance or by conspiracy or because the greater party overswayes the better agree upon some doctrine manifestly repugnant to the Catholic faith derived from the Scripturs Suppose the Arimin the Seleucian both which were greater than the Nicene or suppose the second Nicene Synod Shall the H. Power now command any thing to be done which the Law Divine and his conscience instructed by that Law forbid No man in his right mind will say so But if somewhat be conceived by the Synod which by Divine Law is not determined but partains unto Church-government since all Government whether introduc'd by Nature or by Positive Law is under that Power which among men is Highest it is the part of this Highest to see whether the things conceived will be usefull for the Church for to the last agent belongs also to give the last Judgement Therefore have Synods submitted both their Articles and Canons to Emperours and Kings but with different respect the Articles to be examined by Sacred Writ for the true doe not refuse examination the false even after Synod deserve rejection the Canons to be tryed according to the Rules of prudence and if profitable they received the force of Lawes Concerning the Canons are those words out of the Councils of France if there be any defect let it be supplyed by His prudence if any thing amiss let it be corrected by His judgement Wherefore not only the right of approving as some doe now but of examining taking away adding correcting did the antient Bishops ascribe unto the Highest Powers Nor indeed can any one with reason be said to approve any of those things which are not in his Power to disapprove He is properly said to consent who may also dissent according to that in Seneca If you would know whether I am willing allow me Power to be unwilling and Aristotle Where to doe is in our chayce there is also not to doe This is certain some Canons have been disallowed a great part of the Chapters which in the year 856 the Bishops set forth in Synods was rejected by Carolus Cal●●s as we read in his Capitular And Clarolus Magnus made some addition to the Decrees of the Synod holden at Theodons Wee adde saith he this of our aunt Lastly where a Synod hath passed judgement by a Power deriv'd from Humane Law here it is much lesse to be doubted but that His judgement is reserv'd to the Supreme Governour For all Jurisdiction as it flowes from him returns to him again Hither I refer that Judgement of the Ephesine Synod whereby Nestorius was cast out of his Patriarchship The Synod prayes the Emperour that what was done against Nestorius might be of force One may object that where the Supreme Governour was himself present in the Council there at last nothing remalned but to confirm the acts with his Authority But neither can this be granted For when the Supreme Governour judged among others he Judged not as Supreme for he might be Inferiour in the Suffrages Wherefore his finall Judgement must still remain safe unto him I mean his Imperative judgement and that in the freest manner The same is true of the Magistrates if they be present in any Court under their Authority But we must observe that the Supreme Governour exerciseth this Imperative Judgement sometimes wholly by himself sometimes partly by others partly by himself Which appears 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
God the matter and oceasions are by Humane Power withdrawn So Ezechias brake the brasen Serpent so the Emperours shut up the Heathen Temples Fiftly 't is the part of the Highest Power by proposing punishments to draw men to the doing of that which God Commands and deterre them from the contrary as Nebuchadnezar made it death to speak evill of the Hebrews God and the Emperours to offer sacrifice to the God of the Gentiles And in these particulars consisteth as I take it that Office of the Highest Powers which is called by Justinian the preservative of the Divine Lawes meaning such a custody which is also Legislative as Austin speaketh Let the Kings of the earth serve Christ by making Lawes also on behalf of Christ And the same particulars have place in things not Sacred which are likewise defined one way by that Divine Law which the Apostle cals the righteousnesse of God For therefore the Civill Law is said to consist partly of Civill institutions partly of Naturall precepts Concerning which Naturall precepts the Civill Law gives right and liberty to doe them hindrances being remov'd yea commands the same things to be done determines circumstances takes away or streightens the occasions of often transgression Lastly addes a sanction to them by the constitution of punishments which is so manifest that we need spend no more time in this Let us come to those things which by the Divine Law whether written in the hearts of men or in the Holy Bible are not at all determined To determine them either way whether they be Sacred or Profane is the right of the Highest Power Of prophane 't is most known so David of dividing the spoile the Roman Emperouis made constitutions of the solemnities and effects of Contracts and Testaments innumerable other matters Of Sacred things 't is no lesse clear if one I say not diligently read but only look into the Sacred History the Codes of Theodosins and Justinian the Novels the Capitular of Charls the Great Every where examples are so obvious It pertaines hither to institute Offices more for convenience and ornament than for necessity as David did to build or beautify temples as Salomon and Joas or to appoint a Law and manner of building them as Justinian to prescribe the manner of Electing Pastors holding Synods keeping order among Pastors alienation of things dedicate to holy uses all which very many Christian Emperours have done Now if the Highest Power shall exceede the due limits by decreeing and ordeining any thing either in Ecclesiasticall things against the Rules of Faith and Religion prescrib'd by God or in other matters against the perpetuall rule of equity as in both kinds it sometime happons Ecclesiasticall and Civill things doe againe agree in this that as a man cannot be oblig'd to obey men rather than God so if upon refusall force be offer'd there remains the glory of patience no right to oppose force to force So Christ hath caught Peter and Peter us So saith Ambrose Grieve I can weep I can mourn I can any other way to make resistance I cannot I ought not A most holy example of that patience prescrib'd unto us by God is left us by those antient Christians that liv'd under the heavy yoake of the unbelieving Emperours They were men to be feared for their number had they chosen rather to shed others bloud than their own for Tertullian shews how they had filled both the Camp and City That victorious Thebane Legion for Religion sake was contented to lose every tenth man at the Emperours Command and it is memorable that when there was one Christian put to death for tearing the Imperiall edict Commanding Bibles to be burnt Churches to be demolisht and the Christians Crucified the rest of the Christians declared He had justly deserved that punishment So deeply had the voyce of Christ sunk into their minds that forbids to take the sword Every one takes the sword who hath not receiv'd it from God God hath given it to none but the Supreme Powers and to such as they appoint No examples of the old Testament evince the contrary for when we read of the defections of people or Cities from some Kings and the impiety of the Kings set down for the cause therein the divine judgement is described not the deeds of men commended But if the Highest Power that hath undertaken the protection of true Religion be it self therefore opposed by the armes either of forraign or domestick enemies it hath all the right and reason in the world by Arms to defend its own Authority and the lives and fortunes of the Subjects For 't is all one upon the matter whether the opposition be for Religion or any other pretence nor is the Power being Independent more bound to let go the use of Religion than the possession of land at the pleasure of any other whatsoever For He beareth not the Sword in vain It hath been shewed I think sufficiently how the Highest Power hath equall Authority over actions Sacred and Prophane over the externall primarily and in regard of them over the internall also in the second place I say Authority to command and forbid what is commanded already and forbidden by God to determine things left in the midst and permitted to mans liberty and when force is offered under pretence of right to defend it self I say equall Authority over Sacred and Secular actions which Binius also a man of the Roman religion acknowledgeth In generall there is no difference but if we come to particulars 't is confest Authority extendeth not to so many Sacred things because the divine Law hath determined more of them than of the Secular for the secular affaires the Institutes of the Hebrew Common-wealth it is plain oblige not us are almost all circumscrib'd by rules of Nature saving that it may be doubted of some connubiall Lawes whether they be Naturall or out of the Divine pleasure But concerning Sacred matters much is prescribed us in the Gospell and proceeds immediatly from the will of God This being noted I see not any thing more remaining in this question for that a more diligent enquiry and greater care is need-full in things Sacred both because the Law of Nature is more known than the Positive and because errour in Religion is more dangerous this pertains to the question of the Manner to use the Power rightly and changed nothing in the Power it selfe CHAP. IV. The Objections against the Authority of the Highest Fowers about Sacred things are answerd THE right under standing of what is al ready spoken will help any one to answer all that is said against the Authority of the Highest Powers in things Sacted or Ecolef●asticall For first that Christ himself not the Highest Powers ordained the Pastorall office that as to the substance of the office Christ also hath set down the rules and that so far as we have before acknowledged Pastors are
not the Vicars or Deputies of the Highest Powers all this diminisheth nothing of the right of Government as will appear by the examples of other things The power of Parems over Children of Husbands over their Wives hath its o●iginall not from any Humane Institution but from God himself yet who will deny these Powers though more antient to be subject to the Highest The Physicians function is from God the author of Nature as the Pastor's from God the author of Grace and from Nature and Experience he receiveth rules to execute his office not from the Highest Powers nor is he in their stead when he pract●seth and yet for all this the Physician 's function is subject to the Supreme Authority There is the same reason in other arts and professions And that Pastors are not bound to obey the Highest Powers when their Commands or Prohibitions are contrary to Gods herein is nothing singular For every private man hath so much right and that in other things as well as Sacred Yea the Judge that receives his Commission from the Highest Power being comanded by the same to judge against right and reason is not bound to obey or rather is bound not to obey which comes to passe not because the private man or the Judge is not subject to the Highest Power none will imagine that but because both the Power and they are all subject unto God and when Commands are contrary the Superiour is to be preferr'd That which some allege that the Magistrate as they love to speak is not of the essence of the Church 1. That the Church can subsist although there were no Supreme Power or that Power not a friend to the Church is very impertinent for that we may speak in their phrase the Magistrate is not of the essence of any single man not of the essence of a Merchant or Husband-man or Physician yet are all these under the Higher Powers as reason teacheth and the Apostles authority This objection hath a better appearance The promise made to the Church in the Prophet Kings shall bow down to her with their face toward the Earth and lick up the dust of her feet which words rather seem to subject Kings to the visible Church than the Church to Kings This Argument the Papists often use But truly if as Esdras and his Companions once so wee interpret the Scripture by the Scripture comparing together what was dictated by the same Spirit we shall easily find the honour of which the Prophet speaks is proper and peculiar unto Christ which the Psalmist expresses almost in the same words and it is given to the Church for Christ spiritually reigning in it as under the old Testament we read the Arke to have been adored There is therefore a Trope in that prophecy neither can the words be rigidly pressed without transferring that Majesty to the Church which agrees to Christ alone the Prince of the Kings of the earth That saying which is so much cryed up by the Papists that the Emperour is within the Church not above the Church is most true of the Church Catholick that never was never will be under one King but it must be taken warily of the visible Church of one kingdome so as not to deny the Superiority of the Empire for a King that properly bears the name of King is not only Superiour to the people taken severally but to the whole people altogether Nor is this understood of unbelieving people only of whom Christ hath said The Kings of the Gen●●les bear rule over them but even Gods own people Israel thus speak A King shall be over us And Christian people are taught Subjection to the unbelieving Kings by Paul and Peter Whereupon is that of Chrysostome If this berequired under Pagan Kings how much more ought it to be under Kings that are believers Nor is it materiall that pious Authors sometimes say Kings doe service to the Church for they mean only that they doe consult and provide for the commodities thereof In which sense also the old Pagans call'd a Kingdome Service So doth the Shepheard serve his flock the Tutor his Pupill the Generall his Army and yet the Flock is not above the Shepheard nor the Pupill above the Tutor nor the Army above the Generall For they that govern serve by the office of consulting and graciously providing as Austin speaks Kings therefore may be said to serve the Church not to be servants of the Church in that sense as service signifies subjection For Saul is not the servant of Israel but Israel the Servants of Saul and specially Abimelech amongst the Priests as David among the Peers So is Sadoc the Priest the servant of David and Solomon Wherefore also the greatest Synods being as it were a Compendium of the whole Church living under the Roman Empire salute the Emperours by the name of their Lords Certainly as a Father hath equally the Rule over his family whether believing or not so the peoples right Religion diminisheth nothing of the Right of the Highest Power Some think this a very strong argument against the Authority asserted to the Highest Powers that the Sacred Function of Pastors is conversant about Kings also not only as the Gospel is in generall preached unto them among the rest but as by the Ministry of the Keys it is applyed to them in particular But the weaknesse of this Argument is convinced by like examples for what Function is not conversant about the King Husbandmen Merchants and the like the King stands in need of but to come nearer the Physician cures the King as well as his Groome and prescribes to both what may conduce to their recovery moreover the Counsellour of State is employ'd about the King not only as a man but as a King Yet no man hath been so unwise to exempt either the Persons or Functions of any of them from the Highest Authority and loose them from the bonds of Humane Lawes We must come now unto them who think all Authority about Sacred things so to belong unto Christ alone that Kings cannot be partakers of it because he is sufficient alone for the Administration of his Kingdome and needs not the help of a Deputy That we may satisfy these men the actions of Christ must be distinguished His Legislation and his finall Judgement are peculiar to him In his Legislation is comprehended not only a more plaine promulgation of the Divine Law mis-interpretations being rejected and the difference laid open between the things which God alwaies approved and those which he did wink at or beare with for a time but also the constitution of the Evangelicall Ministry and Sacraments with the abrogation of the Ceremoniall Law His finall Judgement conteins the condemnation of some and the absolution of others with exhibition of the reward Which being done Christ shall put off the Administration of his Kingdome and yet retein the Majesty of a King for