the Priests might do the same so is there nothing in the Deacons function which is excepted from the function of the Presbyter because the Deacons were given to the Presbyters as Assistants in lesser matters Before Deacons were ordained one of the Apostles Judus Iscariot was Treasurer of the Lords mony and after him all the Apostles for some time distributed their allowance among the poor untill the contention risen among the Widows and the greatnesse of their other employments enforced them to use the help of others And yet the Institution of Deacons did not so acquit the Presbyters but they had still the poor under their inspection Hence were the Bishops chiefly trusted with the dispensation of the Churches mony and that with so full a Power as to be unaccountable but to use part of it for the necessities of themselved and other men and to deliver part to the Presbyters to be disposed among the poor as appears in the Canons which are entitled Apostolicall and in the Synod of Antioch Unlesse the antient Custome had been so in vain had the Apostle commanded a Bishop to be hospital in vain had the Antiochian Collections been deliver'd to the Presbyters at Hierusalem Now concerning the Constitution of Presbyters whose function is principall 01 and most necessary we must note four things that by many writers are not accurately enough distinguished The first is the faculty it self of preaching of administring the Sacraments and using the Keyes wich we will call the Mandate a second thing is the application of this faculty to a certain person which by the received word we will stile Ordination a third is the application of this person unto a certain place or Congregation which is called Election the fourth is that whereby a certain person in a certain place exerciseth his Ministery under the publick protection and with publick Authority and let us call this if you please Confirmation The first is to be distinguished from the second To illustrate this with a Simile The Husbands power is from God the application of that Power unto a certain person proceeds from consent whereby yet the right it self is not given For if it were given by consent by consent also might Matrimony be dissolved or agreement made that the Husband should not rule over the Wife which is not true The Imperiall Power is not in the Electors therefore they doe not give it yet they doe apply it to a certain person The Power of life and death is not in the people before they joyn together in a Common-wealth for a private man hath no right unto the Sword yet by them it is applied unto a Senate or single person Christ without controversie is He from whom that right of Preaching of exhibiting the Sacraments and of using the Keyes doth arise and receive its vertue He also by his Divine providence as he preserves the Church so procures that the Church may not want Pastors The second differs as much from the third as for a Physician to be Licensed to practice Physick and to be chosen Physician to such a City or for a Lawyer to be admitted to the honour of that Profession and to be made a Syndic of some Corporation These two have been ever distinct and sometimes sepatate The Apostles were truly Presbyters and so they call themselves for the greater Power includes the lesse yet was not their Injunction appropriate to any certain place The Evangelists also were Presbyters but to no place bound And so long after was Pantanus ordained by Demetrius Bishop of Alexandria Frumentius by Athanasius and were sent to preach the Gospell through India Which in our time hath been also done and would it were done more carefully Indeed the 6. Canon of the Synod at Chalcedon forbids Ordination absolutely or without a title but this is not of Divine Law or perpetuall but positive and such as admits exceptions The reason of the Cannon was lest by too great a number of Presbyters the Church shall be burdened or the Order it self grow cheap and vile The London Synod excepteth fellowes of Houses in both Universities and Masters of Art living upon their own means and who are shortly to undertake some cure If the Bishop ordain any other 't is at his own perill to keep them from want untill they are provided for Therefore Election that is assignation of a certain place and Ordination are not alway joyn'd together and when they are they are not the same Which is farther proved because they that are translated from place to place must be chosen again but not again ordained which they must be if either Election and Ordination were the same or Ordination a part of Election Besides it will appear that Election was made by men of sundry sorts but Ordination only by Pastors and antiently by Bishops only Hence Paul writing to the first Bishop of the Ephesians gives him Admonition That be lay hands on no man suddenly And the most antient Canons entituled Apostolical require that a Presbyter be ordained by a Bishop but a Bishop not without two or three Bishops Which Custome if seems came from the Hebrews for the Senators of the Great Synedry could not be ordain'd but by three Priests and that by imposition of hands as is noted by the Talmudists Without question this manner was most holy and for the conservation of sound Doctrine most commodious when none was admitted to teach the people but he first receiv'd Allowance from the approved Doctors of the same Faith Pastors therefore ought to ordain Pastors nor is this their office as they are Pastors of this or that Church but as Ministers of the Church Catholick For saith Cyprian There is but one entire Episcopacy whereof every one is a partaker Hence it hath been alwayes held that the Baptism is of force given by a Presbyter without the limits of his peculiar Charge Nor is it materiall whether the Election precede the Ordinarion or be consequent to it for when it precedes it is a conditionate not plenary Election which the Canons of later times have called Postulation Over this Ordination the Highest Power hath an Imperiall inspection and care Justinians Constitutions are extant of the Ordination of Bishops and Clerks and other Lawes of others which prescribe the age and standing of men to be ordained Lawes of good use and fit to be reviv'd for the prevention of the Churches ruine through the rawnesse and ignorance and inexperience of her Teachers according to that out of the old Poët What lost your state founded on so good Rules The publick charge was given to boyes and fooles The fourth member of our distinction Confirmation differs as much from the third as the Church considered by it self differs from the Church publick T is pertinent here that Ezechiah is read to have Confirmed the Priests that Pastors are defended by Lawes and Armes that some Jurisdiction or Audience is attributed to them
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
5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht â—om it Separation Epist 68. Jo. 10. Rom. 16.17 Tiâ— 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct froÌ„ them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction 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 objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de â—pisc Clâ—ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall appâ—als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyteâ—s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Polluâ— l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutabâ—lity in the manâ—er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 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 Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 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 L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distinguâ—sh◠〈◊〉 â—ot necessary 3. Of Bishops and Lay-Elders 3 The word shopâ— plain Here â—â—ken so the Oâ—â—sver â—â—stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd Lâ— 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right oâ— Ordination 16. For what reasons Bishops were laid by in some Churches De Minister â—vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall â—ime 18. All the antients by Presbyters understand only Pastors The ambiguâ—ty of the word Seniors and Elders 19. The Penitentiary Presbyâ—er De penitenâ— 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the dâ—fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Chaâ—c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cerâ—ain cauâ—ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. Tâ—id 11. All Patronages subject to the Highest Power 12. Inferior powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox
humane Counsells are not to be waited for when the Divine suffrages doe lead the way Aurelius our brother an illustrious young man is already approved by our Lord and called by God c. And then Know ye therefore most beloved brethren that He was ordained by me and my Collegues that were present He saith He was wont to consult with the people that they were alwayes to be consulted with he saith not yea by his example he shewes the contrary for He with his Bishops had promoted Aurelius the peoples advise being not required Hee setteth down the cause the people is advised with to give testimony of life and manners but Aurelius had a sufficient testimoniall from his twofold Confession which Cyprian calls a Divine suffrage By the same right Hee declares to his Clergy and people by epistle that Numidicus was to be ascrib'd to the number of the Carthaginian Presbyters and that he had design'd the like honour for Celerinus That in Africa other Bishops also had right of Electing Presbyters the saying of Bishop Aurelius in an African Councill sheweth The Bishop may be one by whom through the Divine grace many Presbyters may be constituted And that the testimonies of the people were not alwaies desired is manifest in the third Carthaginian Councill the words of the Canon are That none be ordained Clerk unlesse he be approved by the testimony either of the Bishops or of the people Wherefore two wayes lead one to the Clergy Popular testimony or Episcopall examination Whence Jerom to Rusticus When you are come to perfect age and either the people or the Prelate of the City shall elect you into the Clergy And in another place Let Bishops hear this who have power to Constitute Presbyters through every City Yea the Laodicean Synod whose Canons were approved by a Councill Oâ—cumenicall rejecteth popular Eclections Upon which place Balsamon notes that the most antient Custome of popular Elections was abrogated by that Canon for the incommodities thence arising as he also notes upon the xxvi of the Canons Apostolicall that Presbyters were of old chosen by suffrages but that custome was long since expired Now let us proceed to the Election of Bishops a thing of so much more moment than the former by how much more care of the Church was imposed on the Bishops than on the meer Presbyters No man denies them to have been chosen by the people that is by the Laity and the Clergy after the Apostles time but this to have been of right immutable no man can affirm For to passe by the examples of them that have been constituted Successors by the deceasing Bishops it is a thing of most easie proof that Bishops were very often chosen either by the Clergy of their City alone or by the Synod of their Comprovinciall Bb. For the right of the Clergy the place of St. Ferom is remarkable At Alexandria from Mark the Evangelest unto Heracles and Dionysius the Bishops the Presbyters alwayes named one to be Bishop chosen out of themselves and placed in a higher degree Naxianzen speaks ambiguously He would Elections were permitted either to the Clergy alone or chiefly to them for so lesse evill would befall the Churches yet withall he shewes this was not observ'd in his time but the suffrages of the richest and most potent men yea the Votes of the people too had the stroke in Elections But the Election made by the Comprovinciall Bishops is approved by the great Nicene Synod without any mention of the people Whereunto agrees the Antiochian adding this If any contradicted such Election the suffrages of the greater part of Bishops should carry it Yet I deny not in many places even in the time of these Synods the people also had their Votes but the custome was not universall It was free untill the Synod of Laodicea was confirmed by an Universall Councill the xii Canon whereof following the Nicene and Antiochian gives the right of Electing to the Comprovinciall Bishops the xiii expresly takes away all Sacerdotall Elections from the multitude Justininian also hath excluded the common people from the Election of Bishops and committed it namely to the Clergy and the prime men of the City By the prime men he means the Magistrates and Officers Among many named the designation of one he committed to the Metrapolitan yet so that if there were a scarcity of able men the Election of one by the Clergy and principall men might stand Notwithstanding this Constitution of Justinian which did not long outlive him soon after there was a return to Synodicall Elections which Balsamon relates were usuall in the East in his time also with this exception that the Metrapolitans were chosen by the Patriarchs the Patriarchs by the Emperours Wherefore we conclude it is neither proved out of the Scripture nor was it believ'd by the antient Church that the Election either of Presbyters or of Bishops did immutably belong unto the people Of this judgementa also they must needs be whosoever have transferred the Election to the Presbytery for were it of Divine and immutable right that the Multitude should Elect the election could not be transferred to the Presbytery more than to any others Neither were the Compromise of any value which we read was often made concerning Election if it be determined by Divine Precept that the common people must choose the Pastor for that sentence What a man doth by another bee seems to doe by himself pertains only to those actions whereof the next efficlent cause is undetermined by Law Certainly the very same thing that wee say was judg'd against Morellius at Geneva that is in that City wherein great honour great right belongs unto the people which Decree the most learned Beza defending That the whole multitude saith he was call'd together and gave their Vote was neither essentiall nor perpetuall In the same place he thinks it sufficient if the common people be allowed to bring in reasons why they are displeas'd at the Election which reasons afterward are lawfully to be examin'd Beza himself commits the Election to the Pastors and Magistrates of the City which is congruent enough to Justinian's Law but is not of right Divine and immutable for how can that be prov'd if Ordination and Confirmation be rightly distinguisht from Election And the antient Church was of another mind permitting to the Bishop the Election of Presbyters and of the Bishop to the Comprovinciall Bishops Wherefore the manner of Election is of the number of those things that are not specially determined by Law Divine but only under generall Rules which command all things to be done in the church for edification in the best order and without confusion But in all things of this nature those generall rules remaining safe wee have demonstrated afore Legislation belongs to the Highest Power Bullinger a man of a very sharp judgement is of the same mind who having alleged many examples of popular
would affirme much lesse could prove that they were known of old Tertullian prescribing against Hereticks among other things declares how much their temerarious inconstant light Ordinations differ from the Rule of the antient Church This day saith he the man is a Presbyter who to morrow is a laick Nothing could be more clearly said to make it appeare that temporary Presbyters were in those times unkown to the Catholick Church It is not say some materiall to the nature of the Office whether it be undertaken for a time or for ever If this be so I may wonder that Pastors also employed in the word and Sacraments are not made Annuall somewhere But if this be absurd whence I pray but because as the gifts of God are without repentance so the Divine Offices were instituted by him for the perpetuall uses of the Church He that hath put his hand to the Plow and looketh back is not sit for the kingdome of God that is for the ministry of the Church Wherefore this very change of Assessors is no light argument that this is an invention of Humane prudence no institution of Law Divine Secondly All the antient Church by the name of Presbyters urder stood no other men but Pastors employed in the word and Sacraments I speak not of the word old men or Seniors and Elders whereby 't is certaine sometimes age sometimes Magistracy is meant but of the Greek word which in the Latine tongue doth alwaies signify the Pastorall dignity and Office and so it doâ—h also in the Greek Authours wheresoever the word Presbyter notes any thing else but age or Magistracy We are not yet come to that place of Paul which belongs rather to the question of Divine Right and of the Elders of the old Testament there will be place to speak hereafter Of so great a number of Fathers of so many volumes of books after so long canvasing of this controversie not so much as one place hath been alleged wherein the Presbyteriall dignity is ascribed to any other than Pastors When yet if there had been two sorts of Presbyters not often but a hundred yea a thousand times mention of them ought to have been made especially in the Canons which describe unto us the whole Government of the Church at least the manner of electing those Presbyters non-Pastors would somewhere shew it self And although the Defendant or he that is on the Negative is not to make proofe yet were it easy to produce infinite places of the Fathers which attribute to all Presbyters the right of feeding the flock of Baptising and exhibiting the Lords body and so far equall all the Presbyters to Bishops and call them the Apostles Successors which also declare the Presbyters punishment was to be remov'd from the Presbytery or for a time to be admitted only to the Communion of the Laicks which farther shew that maintenance was given to every one and a much severer Discipline prescrib'd for them than others Moreover Laws are extant too of the Presbyters Privileges and immunity from Civill Courts and burdens and many other things there are which will not suffer us to acknowledge any Presbyters but Pastors only Some allege a History of the penitentiary Presbyter and sharply reprehend the abrogation of him which yet at other times they like very well when the Popish Confession is opposed But who ever heard of any Penitentiary that was not a Pastor or when did the antients ever believe that the use of the Keys might be separated from the Ministry of the Word and Sacraments Certainly Christ gave the Keys to them to be used to whom he gave power to Preach and to Baptise What God hath joyn'd let no man put a sunder Ambrose of the right of binding and loosing saith This right is permitted only to the Priests and elsewhere Those Keys of the kingdome of Heaven all we Priests have receiv'd in the Blessed Apostle Peter Jerim of these that succeed in the Apostolicall degree They saith he having the Key judge before the day of judgement and in the same place It is no easy matter to stand in the place of Paul to keep the degree of Peter Chrysostome This bond of the Priests tyeth the very soule No man is ignorant that the Fathers by Sacerdotes or Priests doe meane Pastors to whom the Word and Sacraments are entrusted indeed beside the use of the new Testament but not without Authority of Scripture for in Esay God foretelling the calling of the Gentiles by the Gospell saith And I will also take of them the converted Gentiles for Priests and for Levits Wherefore the exercise of the Keys and the Right to absolve penitents according to the judgement of all the Fathers agree to Priests alone that is to Presbyters the Depositaries of the Word and Sacraments Wherefore also these Presbyters who specially attended to the absolving of Penitents are to be thought no other than Priests whom the new Testament stileth Pastors Now as the word Presbyter when it signifies a Function Ecclesiasticall is never found in the Fathers applyed to other than Pastors so neither is the Latine word Seniors Tertullian speaking of the use of the Keys judgement is given saith he with great Gravity as in the presence of God and it is a very great prejudgement of the future judgement if any one hath so affended as to be excluded from Common Prayer and the Assembly and all holy commerce The most approved Seniors are the Presidents having obtained the honour by testimony not by price for no Divine thing is set to sale That in those times Presbyteries consisted only of Pastors Calvin himself confesseth wherefore Tertullian putting the Greek word into Latine cals them Seniors who had the power of the Keys For in Greek they are call'd Presbyters which word in its primary signification expressing age was after transferred to Civill Dignities and last of all to Ecclesiasticall Let all the Acts of Synods that ever were bee read quite thorough there will be found no Seniors that were not Pastors Moreover the word major natu or Elder which seemeth proper to age began to be applyed to Pastors in imitation of the Greek word Firmilian Bishop of Cesarea The Majors are the Presidents in the Church who have also the power to Baptise and to impose hands and to ordaine He hath given sufficient caution to understand no other then the Pastors So then the words Presbyter Senior Major have a threefold signification noting First age Secondly Magistracy Thirdly Priesthood Nor only was the name of Seniors common to Magistrats and Pastors but the Assembly of Presbyters the Presbytery which Ignatius calls the Sacred System Jerom bath translated Senate The Church hath a Senate the Assembly of Presbyters that is of those Presbyters who at the beginning saith he were equall to the Bishops and by whose Counsell the Church was governed Tertullian by such another Metaphor stiles the Clergy an Ordo or State The Difference
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 pertâ—ins to assigne the time place manner and perâ—â—ns for performing of due actions so fâ—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
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
preme or of some other originall these later ordinary as that perpetuall and primitive Government of the Father over his family whence ariseth the authority of the. Pedagogue and Tutour extraordinary such as God gave by speciall Commission to some men under the old Testament The Powers derived from the Supreme either have received a right both to oblige and to act as the Praetorship or to oblige only as the Power of a Delegate Without a right to oblige there is no Power for this is as it were the naturall effect thereof Let us now apply all this unto Pastors and Churches The Apostles are forbid by Christ the Presbyters or Pastors by the Apostle to rule as Lords over Gods heritage the word is applyed to Kings Lu. 22.23 and that is not only forbid but to exercise authority which as distinct from the other is given to Great ones Mat. 20.25 Mar. 1.42 By the name of Great ones are understood such Princes as the Ethnarchs of the Jewes which were stiled Euergetae as we may see in Josephus whence that of Luke may receive some light They that exercise Authority over them are called Euergetae benefactors If therefore such right as the Highest Powers have and such as the Inferiour Powers have be denyed Pastors it followes that all Power is denyed them Christ himfelf respecting his state of a servant denies his kingdome to be of this world denyes which is lesser that he was made a judge And unto the same state he called his Apostles We have not saith Chrysostom such power given us that by authority of sentence we can restrain men from offences And saith Bernard I read that the Apostles stood to be judged I find not that they sate in judgement Pastors are call'd in Scripture by the name of Embassadours Messengers Preachers whose part it is to declare the Authority of another not to oblige men by their own Their Commission is to speak what they have heard to deliver what they have received and no more The Apostle himself concerning Virgins because he had no commandement from the Lord dares command nothing only he gives Counsell withall declaring â—would be no sin in her that should do otherwise and admonishing the Corinthians to help those of Jerusalem by some extraordinary largesse he addes not of neceßity the reason whereof went before I speak not by command The Government therefore which is given to Pastors when they are said to guide to rule to feed to be set over the Church ought to be referred to the declarative kind or to that which meerly consisteth in persuasion Where the Apostles or Pastors are read to have commanded it is to be interpreted by that figure by which they are said to remit and retain sins that is to declare them remitted or retained Nor is that to be taken otherwise when God saith he set Jeremy to destroy kingdomes that is to pronounce the destruction of them So also in those Letters of the Elders and Brethren to the Churches of Sytia and Cilicia these words to impose a burthen are to be expounded in like sort for there is no new burthen imposed upon the Christians then it would follow that fornication the avoyding whereof is a part of that burthen was lawfull before this decree but the duty of Christians is declar'd out of the divine Law which would have free actions directed to the furtherance of other mens salvations and all offences carefully avoided That the Church hath no Commanding Power by Divine right appears because the Sword is the instrument of that power by the Sword is meant coërcive force but the armes of the Church are not carnall neither hath She received any Sword from God but the spirituall that is the word of God Besides Her conversation is not in Farth but in heaven she lives on earth as a stranger not as free and strangers have no right to command Yet since the Church is a company not permitted only but instituted by Divine Law I speak of the Church visible it follows that all those things which do naturally agree to lawfull Companies doe agree to the Church also so farre as they are prov'd not taken away Among those things is the Constitutive Government which we called by consent Wee will bring two examples The law of the Sabbath being abrogated 't was at the Christians pleasure keeping a just proportion to set apart what part of time they would for the worship of God Now because that worship according to the precept of Christ requir'd a certain Congregation of godly men that part of time could not be determin'd but by corsent So the Apostles leading the way and the Church following was dedicated to holy Assemblies the first day of the week which also in memory of the Resurrection is called the Lords day Again the Apostles being themselves not at leasure to oversee the poor the Church by their persuasion Instituted the office of Deacons and made election of persons to persons to performe it In both places wee find somewhat defined and constituted by consent which without great fault none could gainsay For it was requisite that somewhat should be constituted and that could not be one or two dissenting unlesse either the minor part should give place to the major or the major to the minor This being unreasonable that was necessary This right of Constitution therefore to the Church is naturall But the Imperative Government we have shewed above not to follow from the nature of the Church and yet that hindereth not but that both the Highest and the Inferiour Authority may agree unto it The Highest if the faithfull unmixed with others and free from all subjection make up a Common-wealth of themselves This seemeth to have happened to the Jewes in the times of the Maccabees the Church had then the Highest Authority yet not properly as a faithfull people but as a free people An Inferiour Authority and liberty to use their own Law the same Jewes not only in their own Land but at Alemandria and else-where have often had with some kind of coactive Power sometimes of more sometimes of lesse extent as it pleased the Supreme Governours under whom they lived But as for the Ministers of holy things we have sufficiently shewed that no commanding Authority agrees to them by Divine right that is flowing from the Institution or nature of the Ministry it self as also 〈◊〉 the Highest Authority is incompatible â—ith snch a Ministry Neverthelesse that Inferiour Authority ought alwayes to be separated from the Pastorall office the antient Church never believed Whatsoever we have given to Pastors derogates nothing from the Authority of the Highest Powers over Sacred things for the Directive regiment consisting in the giving of counsell and declaring of the divine command is quite of another kind And 't is no marvell if the same person do govern and is
thing is needfull that the Agent have a right to doe it Now an act may be out of the Agents right either absolutely when the effect is unlawfull by itself or by reason of some Law or relatively when the effect is not under the Agents power and authority Naturally and the law Positive secluded no act can be frustrate but whose effect hath either some viciousnesse annexed or else is beyond the Sphere of the Agents power In the former respect the command of a Father Master or King is frustrate when it enjoynes Idolatry or a bye In the lâ—toâ— the command is fruit strace of a Master to the Servant of anoâ— ther man of a King to one that is not his Subject of whomsoever over actions â—â—â—egly internal such as have no relation to the outward We conclude the refore that the fault either in the understanding of the â—â—â—â—ction makes not void an act of Authority but the Commands of the Highest Powers are valid still being not contrary to Gods law though they have not â—ue opinions of things Divine of senve not God alight Examples hereof are many Pharaoh was wicked King yet ducst not Gods own people goe forth beyond the bounds of Egypt for to Sacrifice without his permission for although Sacrifice was by Divine Command and out of the royall Power â—â—t the place being undefin'd by God was not exempted from the obedience they owed unto the King Nebuchadnexâ—â— I think no man will affirme to have been throughly of the true Religion His law of â—onowing the God of Israel was â—oâ—â—ossoâ—adid than that other of worshipping the Idol vain Cyrus and his Successors as Histories relate were given to the worship of false Gods yet without their leave might not the Hebrewes rebuild the Temple for the service of the true And although the godly chose rather to compose their controversies among themselves yet being called before heathen Judges they acknowledged their Power and by necessity of the times were oft compell'd to implore it knowing that the right of judging might belong even to them that were of themselves unfit to give right judgement The controversie about the Temple of Jerusalem and that of Garizin was debated and determined between the Jews and Samaritans Ptolomy King of Egypt being judge for although the King did not himself adhere to the Mosaicall ordinances yet was he able to judge and he did rightly judge which Temple of the two which Worship and Priesthood was agreeable to that Law by which it was confest the judgement between the parties should be giv'n Felix was a wicked man but being the Vicegerent of the Roman Emperour Paul is accus'd before him by Tertullus many crimes are objected to him and among the rest that he was Prince of the Sect of the Nazarenes He denies the rest this he confesseth that he worshipt God after that way which they calld a Sect or Heresie The Question is whether this be a Crime and one of the particulars to be enquired of is concerning the Resurrection of the dead a principall point of faith The same Controversie being after brought before Festus Paul acknowledged his Right to judge Here saith he I ought to be judged And fearing the Judges partiality He appeales to Caesar the Highest Judge before whom he pleaded not his own cause onely but the Gospels For the Question was whether to preach the Gospell were a Crime Paul denies upon this ground because the Gospell was a true and saving doctrine In this cause the worst of Princes is acknowledged for Imperiall Judge by the best Apostle And if according to his duty he had acquitted Paul as many think he did at the first Hearing his Sentence had been firm and had cleerly given the Apostle a Right against the Jewes But having condemned him and in him the Gospel the Sentence was null and frustrate that is it could not bind Paul to cease his Preaching yet was it firm so far as to bind him from resisting the Prince imposing penalty Justin Marâ—yr and other most learned of the Christians presented their Apologies to Emperours not Christians to the end they might approve the verity of the Christian faith to those Judges For although a man regenerated by the Spirit of God is the fittest Judge of Spirituall things yet that the gift of illumination which respects the understanding wherein the Judgement is is given also to many unregenerate no man hitherto hath denyed Neither hath any man here heretofore reprehended Austin for these words extant in that book wherein with much pains he defendeth Grace Certainly some men have in them naturally a divine gift of understanding whereby they are mov'd to believe if they heare words or see signes that are congruon to their mindes And truly how can it be said that none but true believers can have a true judgement concerning Sacred things when as the Faith if self cannot be embraced but by judgement Wherefore 't is said to all Search the Scriptures and they of Beraea are commended that having heard Paul and Silas preach they searched the Scriptures whether those things were so This could not be done without judgement as the Syrian Interpreter hath well exprest the sense Judging out of the Scripture If then They that doe not yet believe have some right to judge private men for their private acts and the Powers for publick much lesse is it fit to exclude from judging such as having given assent unto the true doctrine by some infirmity of their mind doe yet abstain from participation of the Sacraments for Constantine the Emperour before he was Baptiz'd did with the approbation and praise of the Bishops make Lawes concerning Religion call Synods give sentence in the Synod and after sate as Judge between the Catholicks and the party of Donatus And Valentinian after he had enacted many Lawes about Sacred things departed this life without Baptisme Much lesse yet may the Highest Powers be deprived of this Judgement upon this pretence that they have not skill in all those things which are wont to be disputed by Divines If this reason prevail how many Pastors honest and faithfull but not of learning enough to be Doctors must be denyed to judge And by that reason Lawyers might intrude into the Seat of civill Judges because they are more skilfull in the Law and the Judges in City and Country concerning Wills and Contracts and such like things are rather good men than good Lawyers Adde further that in the Case of Homicide it is his part to judge that hath not learned Physick what wound is mortall what is not and whether a child may be born in the eleventh month and many things of like sort Whence it appeareth the fitnesse and ability of judging ought not to be confounded with the right of judgement which is publick and Imperative He that is most fit hath not alwaies the right and he that is unfit doth not lose it I conclude
according to the Emperours pleasure This is spoken of generall Synods in the Roman Empire But Constantine called also Topical whereof Eusebius speaks Having speciall care of the Church when discords arose in sundry places The Emperour himself being appointed by God the common Bishop or Overseer commanded the Ministers of God to assemble in Councils After the Acts of the Nicene Councill were confirmed by the same Constantine the generall Law of Synods to be holden twice every year supplyed the place of speciall consent In stead of half-year Synods in some places they had annual Nor was the Assembly at the pleasure of the Bishops but the Governours of Provinces had a charge given them to make the Bishops though they should decline it to meet together in Synods and beside those at set times other Synods also were holden out of order at command of the Highest Power But there are three principall Controversies concerning the Highest Powers right and office about Synods First whether it be lawfull for the Highest Power to command any thing in Sacred affaires without a Synod Second what is lawfull for him and what he ought to doe before the Synod and in the Synod Third what after the Synod For the resolution of the first Question we must conceive whatsoever is said very justly of the exceeding great commodities of Synods belongs to the manner of using the Right of Empire not to the Right it self For if the Highest Power should receive from the Synod any right of Governing it were not then the Highest The Highest being that which is subject unto God alone and under God hath the fullest right of governing Again if the Highest Power without a Synod could not command that which it might command with a Synod then should it receive part of the right of governing from the Synod and then because none can give what he hath not it would follow that somewhat of the Government were in the Synod which the Synod not having by any Humane right must challenge by Divine right whereas the Divine Law denies any such Power to have been given by God unto the Church as hath been shewed above and therefore not to Synods The Right being thus confirmed we make no scruple to affirme That the Highest Power may sometimes rightly order Sacred things without a Synod They that universally hold it unlawfull will never prove what they say but we shall easily For there are extant many examples of the Hebrew Kings that without a Synod gave commands in Sacred matters Whether the Church declare or not even before the Churches declaration the Kings duty is to reform what is amisse and for neglect thereof he must give account to God Eminent among the Christian Emperours is the example of Theodosius He sate as Arbitratour between severall Factions of the Bishops he gives every one the hearing he reads their confessions and after prayers to God for his direction he gives his judgement and pronounceth his sentence for the Truth To omit other examples The Kings and other Highest Powers which in the memory of our fathers have purged their Churches from inveterate errours have done according to the pattern of those antient Kings and Emperours as elsewhere we have shewed True it is and they are commended for their diligence that have observ'd it there were such circumstances in those actions by reason whereof that course was taken and no other could serve the turn And we acknowledge that course to have been extraordinary and more seldome taken but as before we say The manner of doing being divers with regard to times and persons changeth not the right but floweth from it according to the rules of prudence Nor doth any one affirm a Synod is to be omitted without cause but that sometimes there may be causes for the omission of it These causes may be referr'd to two heads either because a Synod is not necessary or because it appears it will be unprofitable That both may be the better understood we must note the Ends of a Synod in a publick Church for of this we speak We have proved already that a Synod is not called as if it had any part of the Government belonging to it The end therefore is that it may give Counsell to the Prince for the advancement of Truth and Piety that is goe before him by a directive Judgement Another end is that by the Synod the Consent of the Church may be setled and made known So although the Apostles severally had both knowledge and authority to define the controversie of Mosaicall Ceremonies it was 01 for the Churches good that it should appear they were all of one mind and that the pious people should be taught to understand the truth rightly and to make unanimous confession of it A third end may be added to the former as Presbyteries in a publick Church so Synods beside their native have an adventions right from Human Law whereby they judge of Causes as other Courts ordained by the Highest Power and so that upon their sentence coaction followes But now of all these ends none is necessary nor is a Synod simply necessary to those ends Counsell is not necessary in things manifest to any one by naturall or supernaturall Light For as Aristotle said well Wee make use of Counsellours in great matters when we distrust our selves as unable without the help of others to discern the Truth Who doubts but the man that denies God or his Providence or his Judgement after this life the man that makes God the proper author of all sins the man that denies the Deity of Christ or the Redemption wrought by him I say who doubts but a man so prophane may be put out of office or out of the Common-wealth by the command of the Highest Power without the advise of many Counsellours Again the Highest Power may have such assurance out of some former Synod that he need not call a new one Therefore a Synod is not necessary to the end sufficient Counsell may be had And as for consent of the Church to be enquir'd or constituted 't is in vain sometimes to take any pains about it when the Church is manifestly divided two wayes the parties and their heat being well night equall as in the Donatists time it happen'd in Africa Sometimes also the consent of the Church may be known without a Synod if there be extant the unanimons writings of almost all the approved Doctors in their Churches Be sides every one in private may either by voice or writing declare his opinion which Austin saith was done in his time and commends it And he that peruseth antient story shall find the Churches affaires more often transacted and consent testified by communication of Letters than by Synods as is observed by Bilson Reynolds and the Magdeburgenses And lastly it may be the Cause in hand is so peculiar to one Church that the consent of others is not needfull Now for the third end
and Authority who is set to keep order amongst men Lastly of another mind were All that have hitherto defended the Protestant cause against the Papists Next concerning the Right and Office of the Highest before and in the Synode it is controverted Whether it be lawfull for the power to designe the persons that shall come unto the Synode or no. It is lawfull we doubt not but to cleare the matter let us proceed in order After that Christ instituted the Church and the Pastorall office it hath been lawfull by the Law of Nature not the immutable Law but by that which hath place untill some other Provision be made for the Church in things concerning the Church or for the Pastors in things concerning the Pastorall office to make choice of them that shall goe to the Synode because no Humane Law no agreement interceding to determine the persons there is not other way By this right the Brethren of Antioch send some of their number with Paul and Barnabas to Ferusalem Likewise the Elders and the Church of Ferusalem together with the Apostles send out of their Company chosen men to Antioch But in all the ages following I find no example of election made by the Church for to the Diocesian Synodes assembled all the Presbyters to the Metroplitan all the Bishops unlesse any were detein'd by great necessty Here then is no election but that the Bishops seeme to have taken with them to the Metropolitan Synods some Presbyters and Deacons at their own pleasure That greater Synods might assemble the Encyclic Letters of the Emperours were sent to the Metropolitans and for the most part the election of their fellow-Bishops was imposed on them to compleat the number which the Emperours had prescribed This appears by the Letters of Theodosius and Valentinian to Cyrill the like whereof were sent to all the Metropolitans as the Acts doe testify Plainly to Cyril is the election there committed which election the Metropolitans made sometimes alone sometimes with the Provinciall Synode of their Bishops Of the suffrages of the Church or people there is no appearance The Metropolitans in case any of them could not be present in Synods themselves sent some Bishop or Presbyter to spply in their names and to keep their places Albeit this were the most frequent manner of election yet by no Law was the Highest Power forbidden to call Synods of Pastors elected by his own discretion This alone is enough to prove a permission but reason doth evince the same if we consider the ends before spoken of for which Synods are assembled For first many Synods are had only for Counsell but naturally it is lawfull for every one to chose his Counsellours so it is in questions of the Law of War of Merchandise and all other affairs between which and the Ecclesiasticall as to meere consultation there is no dissimilitude Synods are also holden for the exercise of Externall Jurisdiction committed to them by the Highest Power but this is also naturall for every one to choose his Delegate In the Synods that are gather'd for procuring of consent the case is somewhat different in these it seems very expedient that the Election be either by the Churches or by the Pastors to the end the acts of the Synod may be more passable for men are wont to like those things best which are done by those persons whose faith and diligence themselves have chosen This therefore belongs not to the Right but to the prudent Use of it and is not perpetuall because it may sometimes happen that the election made by Pastors may be lesse available to concord than if it be made by the Highest Powers Againe in a Synod held for Counsell or Jurisdiction because the Highest powers take not notice of all able men it may be best sometimes to receive them upon the commendation of the Church or Pastors We say then not that the Highest Power ought alwaies to choose the persons but that he alwaies may Our leader in this judgement is Marsilius Patavinus for he saith It pertains to the Authority of a Law-giver to call a generall Councill and to determine fit persons for it by determining he means not only approbation of the persons but election too and herein he is followed by the Learned French Defender of the Protestants cause against the Trent Synod Nor are examples wanting The King of Israel cals unto him what Prophets he willâ— and namely Michaia at the persuasion of Fehosophat The Donatists request a Synod of Constantine to judge between them and other African Bishops by this Petition We beseech you excellent Emperour because you are of a just and Royall extraction whose Father was no persecutour and because Gallia is not infected with this iniquity that your piety would command Judges for us thence to allay the contentions here Not the Churches not the Synod of Gallia but the Emperour names the Judges To the first Synod of C. P. Theodosius admitted also Macedonian Bishops who were not surely chosen by the Churches or Bishops Catholick That other Emperours and Kings used the same Right is very certaine And this very thing did the Protestants desire of the Emperour Charls the Fift and the other Kings that they might have leave to choose pious and learned men and send them to the Synod But here we must observe when the Churches or Bishops choose men for the Synod whether by their Native or Dative Liberty The Supreme Governour hath an undeniable power still over that election For all use of Liberty as above is said is subject to Command and the vertue thereof is this that for just causes some turbulent men or otherwise unfit may be excluded from publick businesse That the time and place were proscribed by the Emperours for the Councill the things also to be done and the manner of doing that Synods were translated at their pleasure or dissolved both others before us and we also have made so plain that I think it will be denyed by none Wherefore let us now rather see what Judgement in the Synod is competent to the Highest Power They phansie to themselves an Adversary over whom they may get an easie victory who take the pains to prove that the Bishops judged not the Emperours alone for who ever did so forget himself as to deny that but this we affirme The Highest Power hath right to Judge together with the Pastors the proofe whereof is needlesse here because above we have made good to the H. Power an Universall right of judging which certainly by the Synod cannot be taken away But whether it be best for the Supreme Governour to expresse himself and how far is another question Let us goe through every end of Synods If a Synod be had for Declarative judgement that is that the Bishops may shew out of the holy Scripture what is true what false what is lawfull what unlawfull here the King being well versed in
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 incommodâ—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 mâ—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 Calâ—â—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
interpreted You shall destroy their altars and break downe their statues and cut down their groves and burn their graven images with fire The command must first be given by the Highest Power and then must execution be done readily by the Subjects Doe thus saith Austin upon the place when you have receiv'd Commission for it The Pagan Temples in the Roman Empire were not shut up before that Law of Constantius extant in both the Codes If any one hath broken Idols and there been slaine the Elibertine Councill forbids him to be receiv'd among the Martyrs because it is not written in the Gospell nor is any such thing found done by the Apostles But the Highest Power hath not only forbidden Idolatrous Assemblies but those too which gave themselves to any evill superstition or errour publickly pernicious or were obstinate breakers of the Churches peace Christian Emperours have excluded Hereticks and Schismacks from all accesse to honours have deprived them of the right to obteine any thing by Will have given away their Churches to the Catholicks All which Austin at large defends against the Donatists For those pâ—â—shments of such inexcusable Delinquents in Religion which left them time of repentance the antient Church approv'd But the paine of Death was so much against the gentlenesse of the old Religion that Idacius and Ithacius were condemned by the Bishops of Gallia for being Authors that certaine Priscillianists should be confuted with the sword and in the East a whole Synod was condemned which had consented to the burning of Bogomilus Yet sometimes also false Religions have gone unpunisht under pious Emperours The Jews whilst they held from the contempt of the Christian Law and from drawing over Christians to their Sect had alwaies free use of their Religion Neither were the Pagan rites prohibited by Constantine at the beginning of his conversion but he advanced Pagans to the Consulship as Prudentius notes to Symathus So Jovinian and Valentinian Princes worthy of all praise terrified not them with threathing edicts that violated the verity and unity of the Christian Law And which is more to be noted the Emperours did not only permit impunity to disagreeing sects but often made Laws to order their Assemblies Constantine and following Empâ—â—urs grant to the chief Rulers of the Jewish Synagogues the same Rights with Christian Bishops So Theodosius forbids any to be received into their Sect against the will of their Primates and forbidding them to be received into their Assemblies that denyed the Resurrection and Judgement or would not acknowledge the Angels to be Gods creature He saith he had reformed the Jewish Nation So the Proconsuls took away the Churches of the Donatists from the Maximianists because they were proved to have been condemned in a Councill of the Donatists Moreover in the true Church the Right and Office of the Highest Powers is not only conversant about the whole body of Religion but the single parts as reason and examples doe evince Reason because it cannot be otherwise but He that hath right upon the whole hath right upon the parts Examples are at hand Ezechias that he might suppresse the adorers superstition took away the Serpent set up by Moses and by the same right against the Decrees of the second Nicene Synod Charles the Great forbad the adoration of Images Honorius and Arcadius repressed by their Edict Pelagius and Calestius the authors of a false opinion and so of late some of the German Princes have purged their Churches otherwise well ordered of the Ubiquitarian Errour For prevention of Schisme Constantine cut off needlesse Questions an example worthy to be imitated by our Rulers for it is most true which Sisinius said to Theodosius By Disputations about Religion contentions only are inflam'd The Emperour Andronicus of excellent knowledge in Divinity threatned the Bishops disputing subtilly upon The Father is greater than I that unlesse they would abstain from such dangerous discourse he would throw them into the river Even true words but not extant in the Bible were for a time forbidden to be used So Heraclius the Emperour prohibited both the single and the double Energy to be ascribed to Christ that this is not to be dislik'd we have the authority of St. Basil for us who saith Many pious men abstained from the words Trinity and Homousion and that also the word Unbegotten is not to be used of the Father because these words are not in Scripture And Meletius of Antioch for a time abstained from questions about Doctrine only delivering what pertained to emendation of manners esteeming this care above the other It is pertinent here which Plato hath in his Lawes That no man should publish any writing unlesse approved first by Judges appointed for the purpose This is also an especiall work of Lawes to compose the manners of the Clergy The blind and the lame David excludeth from the Temple Ezechias and Josias command the Priests to be purified Justinian doth not allow the Bishops to wander up and down to play at Dice to be spectators at Playes And Platina exclames very justly O King Lewis I would you lived in our times Your most holy orders your Censure is now very necessary for the Church To proceed That the Powers also used their Authority in defining things which the Divine Law hath left undefined is most plain The King of Ninive proclam'd a Fast David commands the Ark to be transported Solomon orders all things for the ornament of the Temple and after him Josias who also takes care that the Treasure destin'd for Sacred uses be not alienated Of this kind is the greatest part of Constitutions which appear in Theodosius and Justinian's â—ode and in the Novels and in the French Capitulars as of the age of Bishops Presbyters Deaconesses of the immunity and judgements of the Clergy-men and insinite other things which were tedious to number That in those Lawes are Constituted many things that are not in the Canons both the Reading shewes and Whitaker confesses Therefore also in the Trent Synod the King of France doubted not to declare by his Orators That the most Christian Kings so 't is in the Acts have made many Edicts in matters of Religion after the Example of Constantine Theodosius Valentinian lentinian Justinian and other Christian Emperours That they have made many Ecclesiasticall Lawes and such as the antient Popes not only were not displeased with but some receiv'd into their Decrees and esteem'd the chiefe authors of them Charles the Great and Lewis the Ninth most Christian Kings worthy the name of Saints That the Prelates of France and the whole Order Ecclesiasticall according to the Prescript of those Lawes have piously and Christianly ruled and govern'd the Church of France In the mean time it is most true that the Emperours for the most part in making lawes had respect unto the Canons old or new whence is that saying The Lawes disdain not to
imitate the Sacred Canons For in things not defined by Divine Law the Canons are usefull to the Law-giver two wayes They doe both contain the Counseis of wise men and make the Law more gracious in the subjects eye This as it is not necessary to the right making of a Law so if it may be obtained is very profitable Justinian's Novel is Extant wherein he gives the force of Lawes to the Ecclesiasticall Canons set forth or confirmed by the four Synods the Nicene the first of Constantinople the first of Ephesus and that of Chalcedon Where by the word Confirmed we must understand the Canons of the old Provinciall Councils which being generally receiv'd were therefore contained in the Code of the Catholick Canons Now to that which some Enquire whether the Church hath any Legislative Power the Answer may be given out of our former Treatise By Divine Law it hath none Before the Christian Emperours the Decrees of Synods for the order or the ornament of the Church are not called Lawes but Canons and they have either the force of Counsell only as in those things that rather concern single persons than the whole Church or else they bind by way of Covenant the willing and the unwilling being the fewer by necessity of determination and therefore by the Law of Nature not by any humane Authority This notwithstanding some Legislative Power may be granted by Humane Law to Churches Pastors Presbyters or Synods For if to other Companies and Colleges whose usefulnesse is not to be compared with the Church that Power as we have said above may be granted by the Supreme Governour why not also to the Church especially when no Divine Law is against it But two things must be here observed First this Legislation granted doth not at all diminish the right of the H. Power 't is granted Cumulatively as the Schooles speak not Privatively for the H. Power though it may communicate to another the right of making Lawes generall or speciall yet can it not abdicate the same right from it selfe Next the Lawes made by any such Company may if there be cause be nulled and corrected by the H. Power The reason is two Lawgivers both highest cannot be in one Common-wealth and therefore the Inferiour must obey the Superiour Hence it is that for the most part in the constitutions of Synods we see the assent of the Highest Power expressed in these words At the command of the King By the Decrce of the most glorious Prince the Synod hath Constituted or Decreed It may be objected here That Kings sometimes affirme they are bound by the Canons and forbid to obey their Edicts contrary thereto But this is of the same sense as when they professe to live by their own Lawes and forbid their Rescripts if they are against the Lawes to be observ'd For such professions take not away their Right but declare their will As a clause added in a former Testament derogating from the later makes the later of no value not because the Testator might not make a later Testament but because what is written in it is supposed not approved by his free and perfect Judgement And hence it is that if there be a speciall derogation from the derogating clause as the later Testament is of value so is the later Constitution too But that Canons have been nulled and amended by Emperours and Kings and that Synods ascrib'd that Power to them was prov'd sufficiently when we treated of Synods Yea which is more even those Canons which are found in the Apostles writings were not perpetually observ'd The reason is because they were supposed to contain not so much an exposition of Divine Law as Counsell accommodated to those times Such is the Canon to Timothy That a Neophite be not made a Bishop which was renewed in the Synod of Laodicea Yet in the Election of Nectarius this Canon was layd by by Theodosius and by Valentinian in the Election of Ambrose And such is that Canon That a Widow under sixty be not chosen for a Deaconesse which Theodosius also constituted by a Law Yet Justinian permitted one of fourty to be chosen 'T is not to be forgotten here that the Hebrew Kings excepted some actions from the Divine Law it selfe There was a Law That no unclean person should eat the Passeover Yet Ezechius having poured forth his prayers to God granted an Indulgence to the unclean to cat thereof Again the Law was that the Beasts should be slain by the Priests and yet twice under Ezechias the Levites by reason of the want of Priests were admitted to this office Not that the Kings loosed any one from the bond of Divine Law for that can no man doe but that according to equity the best Interpreter both of Divine and Humane Law they declared the Law Divine in such a Constitution of affaires to lose its obligation according to the mind of God himself For such a Declaration as in private actions and not capable of delay it is wont to be made by private men So David and his companions interpreted the Law which permits the Priests only to eat of the Shew-bread to have no binding force in the case of extreme hunger so in publick actions or in private also that may be delay'd it is to be made by the Highest Power the Defender and Guardian of Divine Law according to the counsell of wise and godly men And hither for conclusion I refer that in the time of the Macchees it was enacted that it should be lawfull to give battell to the Enemy on the Sabbath day CHAP. IX Of Jurisdiction about Sacred things TO Legislation Jurisdiction is coherent with so neer a tye that in the highest degree one cannot be without the other Wherefore if the Supreme Legislation about Sacredthings under God agrees to the Soveraign Power it followes that the Jurisdiction also agrees unto it Jurisdiction is partly Civill partly Criminall 'T was a point of Civill Jurisdiction that the Episcopall Sea of Antioch was abjudged and taken away from Paulus Samosatenus The Criminal from the chiefe part of it is call'd the Sword Hee beareth not the Sword in vain but is an avenger upon all that do evill therefore upon them too that doe evill in matters of Religlon Of this sort was the command of Nebuchodonosor the King that they should be torn in pieces who were contumelious against the true God and that of Josias wherby Idolaters were put to Death Relegation also belongs to Jurisdiction So Solomon confin'd Abiathar the Priest without any Council as the Bishop of Ely well notes t was indeed for treason but he had as good Right to punish him if the offence had been against the Divine Lawes So the Christian Emperours banisht Arius Nestorius and other Heretiques Esdras and his associates received Jurisdiction from Artaxerxes whereby they punished the obstinate Jewes with the publication of their goods and ejection out of the
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
the Rulers is supplyed by the reverence of those that obey To return to the Christian discipline that the Institutes thereof were never reckoned as Lawes Divine appears by this because 't is not in the power of man to give a Dispensation or Indulgence then but it hath been alwayes in the power of Bishops with respect had to the life of the Penitents either to prolong or shorten the time of their penance Yea and generally men in danger of death were received to Communion Which the Nicene Synod calls an antient and Canonicall Law which agrees also with the custome of the Essences in Josephus And among those that by Divine Law are forbidden to be partakers of holy things to wit the impenitent some are by the Canons kept only from the Communion of their own Province others the Clergies Communion being interdicted them are admitted to the Communion of Laicks and for the same crime a Lay-man is Excommunicated a Clerk put out of office Besides Austin teaches that Excommunication must be forborn if the contagion of sin hath invaded and o'respread the multitude Which exception were not to be admitted were Excommunication grounded only on Divine Law It appears therefore many things were added out of Humane consent which as long as they were destitute of Imperiall Authority had not only no force of compelling but saving by consent obliged no man unlesse perhaps by that Naturall Law which commanâ—s offences to be avoided In the same manner as the Canons themselves did the Judgements given according to the Canons oblige every one for as to the debate of meaner businesses the Laicks were appointed by Paul the Apostle's counsell for composing of differences so in the more weighty affairs the Clergy were the Judges unto which judgements pertains that admonition proceeding from naturall equity Against an Elder that is a man of approved faith an accusation is not to berecerved without two or three witnesses But after the Emperours embraced Christianisme then at length to Pastors as men that perform'd a publick office was some part of Jurisdiction given This was threefold by ordinary Law by consent of parties by delegation By ordinary Law the Bishops were allowed to judge of things pertaining to Religion The first that seemeth to have made this Constitution was Valentinian the first whose rescript Ambrose cites Other Emperours did the like Justinian by his Constitution exempts Ecclesiasticall affaires from the Cognizance of the Civill Judges and leaves them to the Bishops In other causes both Clearks and Laicks pleaded not before the Bishops but by their own consent Which Jurisdiction by consent the Bishops receiv'd from Constantine with so full a Right that the Cause which the Bishops had once decided should be carryed on no further that is there should be no appeal from the Bishops sentence Afterward by the Synod of Chalcedon it was made unlawfull for Clerks against Clerks to run forth to the Secular Tribunal but first the action was to be examined before him whom by the advice of the Bishops the parties should have chosen And yet if the Clerks did otherwise the secular Judge wanted not Jurisdiction but the Clerks were lyable to the penalties of the Canon First of all the Emperours Justinian circumscribed the rights of the Secular Judges and commanded that Clergy-men whether by Lay or Clergy in Civill Causes should only be sued before the Bishop yet so that the Bishop might remit the difficult Controversies to the Civill Judges and he might also appeal to the Civill Judge that would not rest in the judgement of the Bishop But the punishmen of the Clergy for Crimes not meerly Ecclesiasticall at that time and long after remained in the hand of the Civill Judges That which wee have said of the nonappeal from the Sentence of the Bishop chosen Judge by consent of parties the same Arcadius also Honorius and Theodosius doe shew in the Epistle to Theodorus Manlius Praetorian Praefect Let the Bishops sentence be firm for all that have choâ—en to be heard by Priests and wee command the same reverence to be given to their judgement which must be given to yours from whom it is not lawful to appeal For from the Pratorian Prafects was no appeal but if any one said he was oppressed 't was lawfull for him to Petition the Emperour Whence the Praetorian Praefects are said to Judge in the Sacred place that is the Imperiall which may be as rightly said of Bishops judging by consent of Parties The same right is attributed to the Patriarks to whose cognizance the causes Ecclesiasticall were deferr'd which with Inferiour Bishops could find no end Against the Sentence of these Prelates saith Justinian speaking of the Patriarks there is no place for an Appeal by the Constitution of our Ancestors The third kind of Jurisdiction wee have called that which ariseth from delegation whether of the Highest or the Inferiour Power in this kind of Causes was alwayes granted an Appeale unto the Emperour if Judgement were given by the Emperours command or to the Judge whosoever he was if by the Judges Precept In the name of Jurisdiction we comprehed the right of citing Witnesses of imposing on them an Oath and binding the party overcome by Sentence unlesse Appeal were made upon whom also execution was done not truly by the hand of the Bishop that was not becomming but by the hand of the Civill Judge Hence was the Jurisdiction properly called Audience because the Judge himselfe executed not the Sentence Wherefore above that which the Pastors and the Church had by Divine right and by the meer Canons much was added by Humane Law and the grant of the Highest Powers The people now had not only right to avoid an unfaithfull Pastor but such a Pastor by vertue of a Sentence pronounc'd against him lost his Pastorall right and whatsoever he ascribed to it and if he attempted any thing against the Sentence was punisht with relegation So the Pastor now had not only right to deny the Sacraments and every one to deny familiarity to the brother of an irregular life but it was also unlawfull for him to approach unto the Church Nor ought we to wonder this Right by Christian Emperours was given to Christian Pastors when the same indulged thus much to the Jewes that none should be admitted into their Sect nor be reconciled to it without consent of their Primates And so the Pagan Emperours of old as Ulpian saith Imposed such Commands upon the Jewes which might not offend their Superstition but the Christian Emperours gave them this farther privilege that the Masters of their Synagogues and other Presidents of their Law were free from personall and civill offices and if two Jewes by agreement referr'd their Controversies to the Jewes the Judges should execute their Sentence So much favour did the Christian Emperours bestow upon the Jewes for the beginning Truth had among them and for hope of their future
the Synedry for by the Septuagint the word is given to every Company and in Moses by all the Congregation the Synedry of the Seventy Elders is signified as Aben Ezra and Rabbi Solomon have long since noted This also we know that the Corinthian who had defiled himselfe with incest was censured of many We 02 know that Timothy is enjoyned to rebuke them that sin before all that the rest may fear Which place seems by that which goes afore to be understood of Presbyters that sin who in the hearing of the other Presbyters were rebuked by the Bishops But although we understand it generally it is certain these indefinite Rules admit their restrictions and limitations according to the quality of the persons An Elder saith Paul rebuke not but entreat him as a Father and the yonger men as brethren Much more honour is due to the Soveraign Power and to Magistracy than to age Adde here which many have noted and is congruent to the Custome of the antient Church that the Prelats of the Church are not to bee reproved before the multitude how much lesse the King who is as Constantine said constituted by God as it were an universall Bishop Now as ignominious traduction so all coaction too against the Highest Power is unlawfull because all right of compelling proceeds from it there is none against it That which is objected concerning Uzziah is answer'd by interpreting the text according to the Originall thus And Azariah the chief Priest and all the Priests looked upon him and behold he was leprous in his forehead and they made him hasten thence yea also himself was compelled to goe out because the Lord had smitten him By the Divine Law it was not permitted for a leprous man to be in the Temple the Priefts were therefore earnest in hastning the King away because he was struck with leprosy and the disease it self encreasing upon him made him depart of his own accord The Priest declares God compels We have said what may be done by Authority of Divine Right the rest that hath been added by the Canons either naked or cloth'd with Law as it may wee confesse to good purpose be used upon the Emperour sometimes so if he oppose it or forbid by what right or with what prudence it may be used we doe not see For that all Government which ariseth from consent is under the Supreme Command and that all Jurisdiction is not only under it but also floweth from it is demonstrated afore nor is that in question that the Soveraign is not bound by penall Statutes Whence the antient Fathers have interpreted that of David To thee alone have I sinned to be spoken because he was a King whence also is that note of Balsamon to the twelfth Canon of the Ancyran Synod The Imperiall unction drives away penance that is the necessity of publick satisfaction Meane while 't is true that Kings to their great honour as in Civill affairs to their Courts and Parliaments so in Sacred they may submit themselves to Pastors even as to publick Judges For it is current saith Ulpian and a thing in practise that if the greater or equall subject himself to the Jurisdiction of the other sentence may bee given for him or against him But this subjection because it depends upon the Kings will and may be revok'd at pleasure diminisheth not a jot of his Supreme Command as it hath been proved by very learned men Whether or no it be expedient that a King should suffer this Jurisdiction to be exercis'd upon him is wont to be disputed They that affirme shew how by this submission of Kings much strength Authority accrueth to the Discipline of the Church 'T is true and spoken to the purpose As the Princes so will the People be and the Rulers example hath the sweetest influence But for the Negative it is said That the Common-wealth stands by the Authority of the Governour and as Aristotle the consequence of contempt is dissolution Certainly if any credit may be given to them that have recorded the affairs of the Emperour Henry and among them to Cardinall Benno the Rise of his calamity was that publickly with lamentable penance naked feet and course apparell in an extreme cold winter he was made a spectacle of men and Angels and at Canusium for the space of three dayes endured the scorne of Hildebrand A difference therefore must be made between those things which are needfull to the publick profession of repentance and the more grievous and ignominious punishments To the former some of the Emperours before Henry rare examples of Christian meeknesse have yielded willingly but Henry was the first of all upon whom any thing so ignominious was imposed or any thing at all without a voluntary submission And Hildebrand or Gregory VII was the first of all the Popes that took upon him so great a boldnesse toward the Imperiall Majesty as Onuphrius tels us who also saith that the Kings and Emperours who either upon just or unjust cause exempt themselves from these Positive censures are to be resigned up to the Judgement of God And so the Kings of France for many ages have challenged to themselves this right That they cannot be excommunicated In what fort a Pastor without such coaction may satisfy his conscience in the use of the Keys Ivo Carnotensis hath declared Let him say to the Emperour I will not deceive you I permit you at your own perill to come into the visible Church the Gate of Heaven I am not able to open for you without a better reconciliation It remains now to shew what is the Right and Office of the Highest Power about those actions which we have ascribed unto Pastors and Congregations And first as to those actions which by the only Right of Liberty and Privilege of Divine Law are exercised seeing by them also injury may be done to others it is certaine they are comprehended within the sphere of the Supreme Jurisdiction For not only the Actions which proceed from the Authority of the Highest Power but all Actions whatsoever capable of externall morall goodnesse or evilnesse are called to the judgement of the Highest Power If married persons performe not to each other what the Law of Matrimony requires and if the Master of a Family neglect his charge in these cases the Courts of Justice are of use Of all evill the Power is ordein'd the Avenger One among evils and not the least is the abuse of the Keys and unjust separation or denegation of the Sacraments There is an Imperiall Law prohibiting the Bishop that hee Sequester no man from the Holy Church or the Communion unlesse it be upon just ground And Justinian in his Novell forbids all Bishops and Presbyters to segregate any one from the Holy Communion before cause bee shew'd wherefore the Sacred Rules will have it to be done Mauritius the Emperour commands Gregory the Great to
embrace Communion with John of Constantinople In France the antient usage was by seizing on their Lands and other wayes to compell the Bishops to the Administration of Sacraments And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service Much more then may the Highest Power challenge this right over such Actions as have their force not by Divine but Canon Law For under the pretext of Canons it sometimes happens that the Canons are violated and 't is possible the Canons themselves may be exorbitant from the Divine prescriptions If either be the Highest Power cannot deny the Plantifs to take knowledge of the case Now concerning those actions which flow from Humane Law and oblige men whether they will or no and draw after them coaction there is much lesse cause of doubt For all Jurisdiction as it flows from the Highest Power reflows unto the same But as it is a part of Jurisdiction noâ— only to Judge but to appoint Judges so belongs it to the Highest Power to doe both Thus Amaâ—â—iah and the other 02 Priests with him are constituted Judges by Jehoshaphat Neither can be shewed more evidently the Jurisdiction of the Supreme in this kind of causes than that all degrees of appealing depend upon his pleasure Otherwise why doe the Pastors of England appeale unto this or that Bishop all the Bishops unto the two Archbishops And there is the same subordination of the consistories Classicall and the Nationall Synods Nor is the last terme of appealing limited by any Law Naturall or Divine Wisely said the King of Britaine in his judgement every Christian King Prince and Common-wealth have it in their Power to prescribe unto their subjects that externall forme of Government in Church affairs which may suit best with the forme of Civill Government And truly of old it was so done by the Christian Emperours Otherwise whence came that so great Prerogative of the Constantinopolitan Church Whence had the Synod of Chalcedon power to abrogate the acts of the second at Ephesus Now as in Civill businesses the judgement is permitted by the Highest Power for the most part to the appointed Courts and at last upon Petition against the greatest of them the matter is referr'd to men most skilfull in the Law or more rarely the Highest Power it self advising with learned Counsell gives finall judgement but very seldome upon suspition of some Court cals forth the cause unto it self so also in these controversies about Sacred things it hath been most usuall by the ordinary Synods and upon appeal from their decree by a certaine Assembly called for the purpose to put an end unto them it hath been lesse usuall yet sometimes usefull for the Emperour himself to judge of the Religion and equity of the former Judges Thus in the case of the Donatists after a double judgement of Bishops Constantine did who although he approved not the appeale yet he refused not the tryall of it But this is somewhat more rare and yet not without right that if a Synod upon probable causes be declined the Highest Power cals the cause before it self and weighing the opinions of most eminent Divines pronounces what is most equitable The Synod of Antioch prohibits him that complains of injury received from a Synod to trouble the Emperour with the hearing of his Case so long as the matter may be rectified by a greater Synod Yet this takes not from the Emperour the Power to heare the cause if it be brought before him Moreover the modesty of the antient Bishops hath attributed Power to Kings not only to examine the right or wrong of Excommunication but to pardon also and abate the punishment thereof for so much as belongs to Positive Law Ivo Carnotensis a Bishop and a stout desender of the Churches right against Kings was not afraid to write unto his fellow-Bishops that he had received a certain person into Communion in contemplation of the Kings favour to him according to the Authority of a Law that saith whosoever the King receiveth into grace and admits unto his Table the Priests and Co gregation must not refuse The Kings of France and the Vindicators of the Regall Right the Judges of the Supreme Courts have often constituted and decreed that publike Magistrates by occasion of that Jurisdiction they exercise are not subject unto those Ecclesiasticall penalties So in the Decrees of Hungary of the year 1551. the Ecclesiasticks are forbidden to send out without the knowledge and permission of his Majestie any sentence of Excommunication against the Nobles of that Kingdome And in an antient Law of the English it is read that none of the Kings Ministers be Excommunicated unlesse the King be first acquainted with it Which I see the Princes of Holland have thought sit to imitate for the same was promulged by Charls the Fift by his edict in the year 1540. Neverthelesse such use of the Keys as is congruent to Divine Law and such injunction of penance as is consentancous to the Laws and Canons the Highest Powers are wont to approve And this is the Imperiall Anathema mentioned in sundry of Justinians Laws We conclude that Christian Powers at this time doe not innovate which will not unlesse upon causes approved by themselves suffer Excommunication being joyned with publick shame to proceed unto effect which by their command inhibit censures manifestly unjust for it is their Duty to save every one from injury and to keep the Church from Tyranny CHAP. X. Of the Election of Pastors REmains that part of Empire which as we have said consisteth in assigning Functions The perpetuall Functions in the Church are two of Presbyters and Deacons Presbyters with all the antients I call them that feed the Church by preaching of the Word by Sacraments by the Keyes which by Divine Law are individuall Deacons which in some sort serve the Presbyters as the Levites did the Priests of old To this order are referr'd the Readers who were in the Synagogues as the Gospel and Philo shew and were retained in the Church as appears by History by the Canons and by the writings of the Fathers In the Gospel he that keeps the Book is call'd the Minister which is even all one with Deacon and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree which were afterward called Subdeacons But the most laborious part of Deaconship is about the care of the poore Presbyters the antient Latin Church translated Seniors Deacons I think cannot otherwise be stil'd than Ministers although there be some who as their manner is in other things had rather carp at this than acknowledge it to be true I am deceiv'd if Plinius Secundus did not understand both Greek and Latin yet he relating the Institutes of Christians rendring word for word names them Shee-Ministers whom Paul entitles Sheedeacons and the Church afterward Deaconesses Now as the Levites could doe nothing but
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
is from the Highest Power that the Canon hath the force of a Law no marvell if the Highest Power upon just causes may recede from that Law either in the whole or in some particular case For Lawes are wont either to be abrogated or temper'd and limited by the Law-givers as afore is shewed Yea there is no need of abrogation or solution of the Law when as the Lawyers agree in this that by the generall words in the Law set down the right of the Highest Power is never conceiv'd to be excluded 'T is true the Examples of Elections made by Bishops prove it is not necessary that Elections be made by the Highest Power the Canons also shew the same Elections are rightly made by Bishops with consent of the Highest Power but neither of these is in question The Question is whether it be also lawfull for the Highest Power to make Election That it is lawfull we have the judgement of the best both among the Emperours and the Bishops In the first Synod of Constantinople Theodosius commanded the names of all that were proposed should be given to him in papers reserving to himself the choyce of one What can be more clear One among all the Bishops propos'd Nectarius the Emperour makes choise of him and persisteth in it against the will of many Bishops who seeing the Emperour would not be remov'd give place and yeild him that reverence which was due unto him in a matter not prohibited by Law Divine Who sees not this was done beside the Canons for according to the Canons the Emperour had no share in the Election but here the Emperour alone electeth that is designs the person The Bishops as also the Clergy and people approve of the Election But 't is one thing to elect another to approve of the Election The Bishops approve because it was their Office after Baptisme to impose hands upon Neitarius as yet a lay man and Catechumen And hert too we observe the Canon was not followed for according to the Canons a Catechumen nor Neophite could not be elected The Clergy also and the people doe approve because to them belong'd the Tryal which how far it differs from Election is shew'd above Many examples we might alleage of Elections not Cunonicall but Imperiall Why the Emperours themselves elected we deny not they had peculiar causes but this pertains not to the question of right but prudence Certainly the Emperours believ'd it to be lawfull for them before they consider'd whether or no it were expedient For of things unlawfull there ought to be no consultation To say the cause hereof was some Divine revelation or inspiration in such an age of the Church is a meer refuge of pertinacious ignorance to say the Domination of the Roman Bishops was the cause of Imperiall elections when as yet that Episcopacy was not turn'd into temporall Dominion is to be quite mistaken in the order of times Nor yet can wee doubt but the more Sanctimony abated in the Clergy and Obedience was slackned in the people the more just cause had the Highest Powers to vindicate Election to themselves In the West that Bishops were most often and for a long time elected by the most Christian Kings of France without any suftrage of the people or Clergy is written in all the French Histories as it were with Sun-beams What was said of the Domination of the Roman Bishops as if he had given occasion to Kings to draw to themselves the Elections besides that it is before answered cannot be applyed to the Bishops of France and to those times when the French Kings did not yet possesse Italy Yea on the contrary because the French Kings used this right in their own kingdome therefore also in Italy did Charls the great assume this to himself that hee might not with lesse power governe Italy than France and Germany For it is most truly observed by Godalstus and others the Decree made in Pope Adrians time pertains only to the Italian Bishops when in other parts the compleat right of Election was in Charls before In vaine also a recourse is had to the wealth of Bishop-pricks the Temporall Jurisdictions annexed to them for even in the times of Charls the Great and much more in the antient and purer times Bishopricks were but poor and slender as is noted by that most searching Antiquary Onuphrius And for Jurisdictions the Bishops in Charls his time had none annexed to their Bishopricks but this came into use at last after the avulsion of Germany from France when the Ottoes were Emperonrs in Germany And the Jurisdictions were so far from being the cause of Imperiall Elections that on the contrary therefore were Jurisdictions granted unto Bishops because the Emperours were most assured of their fidelity being chosen by themselves and thought the custody of Cities might therefore most safely bee committed to them as the same Onuphrius hath observed Some have been deceiv'd by the name of Investiture Because the word is used of Fees especially therefore have they thought all that is sayd of investitures of Bishops to belong to territories and Lands which is a grosse â—rrour for to vest and to invest are old words of German Originall that signify the collation of any right whatsoever and are therefore found in old Authors applyed to all Offices both Civill and Ecclesiasticall It appears by a passage in the life of Romanus Bishop of Rouen about the year 623. that Investiture by the staffe was almost 300. years before Territories were given to Bishops which began under Otto the first Emperour of that name And truly if Investiture had been with respect to Civill Jurisdiction it would have been by the Scepter Sword or Banner as the manner of those times was not by a ring and staffe Wherefore although the most Christian Kings did not challenge to themselves imposition of hands which maketh Presbyters yet these two things they esteemed as their right to joyn this man unto this Church which is signified by the Ring and to conferre upon him Jurisdiction Ecclesiasticall that is judgement concerning Sacred affairs with a certaine publike power which is signified by the staffe For to the King himself also when he was first consecrated together with the Scepter was wont to be given a staffe And by this saith Aimonius the defence of the Churches that is a power to maintaine Religion was deliver'd to him from God for the Offices corresponded to the signs as also a Canon was vested by a Book Many ages after when piety had begotten opulency and the daughter laid a snare for the mother the Emperours almost detruded from their most antient right began to shew the indignity of the thing by this argument among the rest because the Bishops by their munificence possessed Lands and territories But never did the Election of them depend upon this alone being more antient than the same munificence Moreover the accessory cannot have so much force as to draw
the principall after it and befides in some places at this time stipends out of the publick succeed in place of Lands and for all this the right of the Highest Powers remaineth the same it was Therefore by the name of Investiture in the stories of those times is not to be understood a naked sign nor are Kings to be thought so unwise that for a bare rite or Ceremony they would have undertaken so many labours and so many wars but with the sign or by the sign the thing signified must be conceived that is the Collation of Churches Which Collation it is certaine was made two wayes for either the Kings by themselves made Election freely and without the suffrages of any other or else they granted others the right of clecting the right of approving not imaginary but with a liberty to annull the Election being reserved to them selves Both of these Historians comprehend in the name of Investiture Which right remained in the Emperours untill the times of Hildebrand who first laid violent hands upon it Onuphrius Panuinus relating his life He first of all the Roman Bishops attempted to deprive the Emperour not only of the election of the Pope himself which also Adrian the third had sometimes done but of all Authority too whereby he Constituted the other Prelats to wit the Bishops and Abbats The Author here hath rightly explan'd Investiture by the name of Constitution Those two things whereof we said Investiture consisteth that is the power of choosing and the Liberty of refusing if the Bishop were chosen by any other all writers approved for their diligence in this kind have very well distinguished and knit together in the Regall Right Such a liberty of refusing I meane which is not subject to the judgement of another And indeed these Rights both of election and of rejection are of great consequence to maintaine both Church and State but the former of so much the greater moment by how much it is more to oblige the receiver of a benefit than to exclude an enemy Paulus Aemilius when he had declared how that right was extorted from the Emptrour Henry That thing saith he much weakned the Imperiall Majesties in the minds of his people for he was devested of the better half of his Jurisdiction And Onuphrius in the same manner Half his Power was at once taken from the Emperour The same Author elsewhere speaks of Henry the third This most excellent right so he cals Election 〈◊〉 retained with all his might Of the same mind were the Kings that builâ— their power upon the ruines of the Roman Empire To let passe others let us heare if you please the King of England speak himself Henry the first of that name sinaâ— the Conquest granted the Bishoprick of Winchester to William Gifford and presently against the statutes of a new Councill invested him with the possesions perraining to the Bishoprick The same Henry gave the Archbishoprick of Canterbury to Ralf Bishop of London and invested him by the ring and staffe This is that same Henry who in the relation of Westminster by William his procurator constantly alleaged that he would not for the Iâ—sse of his kingdome loose the Investitures of Churehes and affirm'd the same in threatning words Away with the unlearned Interpreters of History who doth not see here that by Investitures is meant the collution of Bishopricks The Parliament Statute also under Edward the third gives plaine evidence for the fame wherein is manifest that the Royall Right to collate Bishopricks was in England more antient then the election of the Clergy And Historics doe give their testimony too which declare how Bishopricks were collated by Etheldred and the most antient Kings seven hundred yeers agoe Afterward elections were granted to the Clergy under two conditions which were observ'd likewise in Franses that licence to elect were first obtained and the clection made were submiâ—â—ed to the Kings pleasure But in the later time the whole election was rendred to the King In our time there is an image of Election in the Chapters the whole force of it is in the King For the Bishoprick being void the King by his Letters containing Licence to elect transmitteth also the name of him whom hee would have elected Bilson Bishop of Winchester discoursing with much diligence upon this Argument in severall places affirmes that which is most true That no particular form of Electing is prescribed by Divine Law and seeing Princes are Heads of the people and both by Divine and Humane right have the charge of all externall and publick administration as well in Sacred as in Civill causes committed to them these reasons necessarily evince that the Elections are also committed to their trust at least if they bee pleased to under take the burthen The same Author saith It is as clear as the Sun that other Princes be side the Roman Emperours since the first profession of Christian faith not only had the Highest Power in Electing Bishops but by their sole Authority Instituted whom they judged worthy of that honour without expecting the suffrages of the Clergy or People I will not adde more examples or testimonies either these are sufficient or nothing is sufficient Whosoever therefore dares to condemn of Sacrilege so many famous Kings some whereof first in their Kingdoms professed the Christian faith some couragiously resisted the Popes ambition some either began or promoted the Churches reformation and among them many renowned for their holinesse and learning whosoever I say dare account them sacrilegious as if in electing Bishops they had violared the Law Divine he shall not have me for an approver of his temerarious judgement Now whereas some in this businesse of Election distinguish the other Pastors from the Bishops because indeed themselves live where no Bishops are this difference comes to nothing For such Pastors although they have this common with mere Presbyters that they are not over others yet have they thus much of Bishops that they are not under other Pastors and so 't is doubtfull whether they may be rather numbred among mere Presbyters or Bishops Moreover seeing Presbytery is contained in Episcopacy they that bestow the Bishoprick do withall bestow the Pastoral cure of a certain place or City somthing more so that the Argumentation rightly proceeds as from the greater to the lesse or rather from the whole to the part 'T is true the antient Emperours Kings mixed themselves but little with the collation of Pastorall offices of inferiour degree the reason was because they thought in reason all that lesser care might be rightly comitted to the Bishops chosen either by themselves or according to their Lawes And therefore in the most antient Canons you shal hardly find anything of the Presbyters election because all that business was at the Bishops dispose as we have shewed before Yet are not examples wanting whereby it may appear that Ecclesiasticall offices of the lesser rank also were
collated by Kings Onuphrius is witnesse for the Emperours An Epistle of Pope Pelagius Bishop of Rome is extant which signifies that the Sacred Letters of the most gratious Emperour were come unto his hands requiring certain men to be made Presbyter Deacon and Subdeacon at Centumcells The publick Records of our own Country doe abundantly witnesse the Princes of Holland Zeland and West risia even from the beginning of their Principality have conferred at their pleasure upon fiâ—men the Pastorall Gure of every City and Village except in what places it could be proved that the same right was granted away to others and that Gustome was kept untill the times of the last War These examples although they be not antient are yet sufficient to refell those who have adventured publickly to affirm Pastors untill the very last times of the War were chosen by the People Here might be added were it needfull very many Records of Investitures whereby the Princes bestow upon Noble men their Vassals among other rights also the Collation of Churches And I for my part cannot understand how it comes to passe that the same right doth not still endure to this day whether it be expedient or where and how farre it is expedient is another question The States in my opinion by their pains taken in the Reformation have not deserved to be in worse condition then before they were In the Palatinate the Pastorall Cures are conferred by the Decree of a Senate which by the coÌ„mand and in the name of the Elector hath government of the Churches In the Dominion of Basil the Churches without the City have no power at all in choosing their Pastor whom the Magistrate of the City sends to feed them him they receive with reverence although they never heard him teach In the beginning of the Reformation they were content with this Call alone It is the Saying of Musculus A Christian Pastor ought not to be sollicitous about his Call nor to doubt that it is Christian and lawfull where he is called to preach the Gospell by the pious Magistrate or Prince Wherefore the Doctrine of the Reformed Churches doth not deprive the Powers of this Divine Right Neither have the States themselves ever been of another judgement for when in the year 1586 without the assent of the States a Synod was held the Earle of Lester Governour of these parts to move the States to allow of the Synod declared Nov. 16. That such allowance should be a detriment to no man in respect of that right he challenged in the Institution of Pastors And in the same year Decemb. 9. the Acts of that Synod were admitted by the States with some exceptions whereof this is one That the States Noblemen and City Magistrates and others should retain the right and Custome of Instituting and destituting Pastors and School-masters Let us now give answer to the rest of the Objections used to be brought against the Highest Powers in this regard Some say that certain Kings and Princes have abused the Elections either through a sordid love of gain or through too much favour It is too true but to the determination of the question 't is impertinent for the abuse of right depriveth no man of his right unlesse perhaps a subject by the sentence of his Superiour much lesse is a possible abuse sufficient to the losse of right Then no man shall bee certain of any right whatsoever But to speak the truth there is a greater number of laudable Elections which Kings have made And on the contrary by popular Elections the matter often was brought unto Seditions and slaughters to Sword and fire nor is the Clergy alwayes free from favour and faction no not at this day So that if for fear of incommodities Elections may be overthrown no kind thereof will be able to subsist When Genebrard an enemy to the Regall right had said the Bishops of Rome chosen by the Emperours were monsters of men the contrary was shewed by our side that they were good men at least in some mediocrity but from the Election of the Clergy and People came forth Monstces inâ—eeâ— Moreover the Greatness of the Highest Powers yields not to corruption so easily as private men nor is so obnoxious to unjust desires and importunity of Suters Lastly Ordination which remains with the Pastors and the right of contradicting which is left unto the people shuts up the way if not to all which exceeds Humane Power yet to the worst abuses The Canons are objected too and some Sayings of the Fathers That old Canon which is the 30. in their number entitled Apostolicall speaks of Magistrates not of Emperours and as the Canon next before is oppos'd to nundinations so this to violent intrusions The Canon pertains to them that being not lawfully examin'd and ordain'd invade the Church by force by the Magistrates help and favour So the Parisian Synod disapproves not Election but Ordination by the King nor all the Kings Authority but that which is against the will of the Metropolitan and Comprovinciall Bishops to whom the ordination did belong For King Charibert himself under whom this Synod was holden elects Pascentius to the Bishoprick of Poitiers whom the Comprovincials receiv'd as rightly chosen And if the Canon bear another sense yet is it nothing to the purpose For if it was made by the Kings consent it might be rescinded erther by himself or by other Kings also especially with the sentence of their Peers because no positive Lawes are immutable but if without the Kings consent then neither had that Canon the force of a Law nor could the Regall right be impair'd thereby This is certain since the Kings began to Elect Bishops many Synods have been held in France and not any one of them hath reprehended the Kings in that respect but many have admonished the King to use that study and care in choosing Pastors which was meet Whence it is evident the Gallican Bishops never found any thing in that Election contrary to the Lawes Divine 'T is very improper for our men to produce the Authority of the Nicene second Synod whereby the worshipping of Images was introduced And yet the meaning of the Canons alleged thence is no other then of those we have already answer'd That sharp speech of Athanasius against Constantius is alleged also Who having received most grievous injuries if he had uttered any thing not so generally true as accommodated to those times what marvell is it seeing other Fathers too have let fall many words which will not bear a rigid Examination Yet doth not Athanasius how hot soever in this cause pretend any right Divine but enquires Where is that Canon that a Bishop should be sent out of the Palace He shews what Constantius had done was not Canonicall and rightly for another way of Electing was then in use and that confirmed by the Authority of the Nicene Synod and by the Precepts of Constantine Now although for
just causes it be granted unto Kings to recede from the Canon yet to forsake the Canon with intention of promoting to Episcopacy the favourers of the Arrian party was not the part of a pious Emperour This way of electing is the more justly reprehended if Ordination also being omitted Bishops were obtruded upon the Churches which is very credible to have been done for it was not probable the Orthodox would ordain Arians or such as used Collusion with them Verily not any one of the Fathers hath hitherto been found who said there was any Divine Law to hinder the King from choosing the Pastor It appears the most holy Bishops above mentioned who condiscended to the Election made by Theodosius were of another mind And thus much be spoken of the Highest Powers embracing the true Religion As to the Kings that give no assent to the saving Faith pious Assemblies never made addresse unto them for election of their Pastors For how could they expect defence of the Church from the enemies of the Church And suppose the matter should succeed most happily yet would it be an indecorum that the Affaires of the Church should be judged before the unjust and not before the Saints Yea if Kings that are aliens from the Faith arrogate to themselves any such thing without question they bring upon themselves the greater Judgement Notwithstanding if Infidel Kings will not at all admit any Pastor or Bishop except Elected by themselves and in the mean time leave to the Church the Probation and to other Pastors the Imposition of hands I cannot think it convenient for Christians to refuse men otherwise fit for this only reason because they are commended by Infidels For the good God doth effect his good work even by evill men I am not a man of that confidence that I dare condemn so many Christian Churches in Thrace in Syria in Egypt which doe receive Patriarchs or lesser Bishops from the King of the Turks and that this patience of the Christians is no new thing is shewed by Barlaamus Cyracensis Clearly 't is better to entertain a worthy Pastor adorned with good report of the common People ordained by other Pastors from the hand of a Prince though an unbeliever then to suffer the wast of Churches Esdras we are sure did not decline the office of restoring Gods worship imposed on him by the Pagan King Artaxerxes But that we may return unto our own that is unto Christian Powers for that was aspersed on the by to give others occasion of better thoughts upon this businesse we must advertise the Reader that in all this Treatise we enquire what is lawfull not what is at every time expedient For whether we reflect upon antient or later times we shall see great variety in the manner of election nor only through ages and Provinces but through years and particular Cities So much uncertainty there is in that which the Law Divine hath left uncertain And truly where the question is not of the right but of the best manner of Election 't is marvellous how many things may probably be discoursed on every part Give me Cyprian and those of his time there will be no fear of popular election Give me the Nicene Fathers I would gladly ascribe the election unto Bishops Give me such Emperours as Theodosius Valentinian and Charles the Great there will be no danger in the election Regall or Imperiall But we are fallen into the lees of the Church and after we have with circumspection viewed all things we find nothing but some incommodity is annexed to it Therefore nothing at all can be here prescribed as perpetuall That which is indefinite must have an indefinite Rule Yet if I were in this respect to give my advise the manner of Justinian's times is not displeasing to me with this caution that a Pastor be not obtruded upon the people against their will and also saving the right of the Highest Powers to rescind and make void Elections if any errour be committed pernicious to the Church or Common-wealth Which right not only the French Kings but also the antient Roman Emperours very frequently have used as is most easie to be proved They do much erre who confound this will and pleasure of the H. Powers whereby the Election made is approv'd or disapporv'd with that consent where with the Magistrate of every City according to the Lawes or Canons concur to the Election in the next place to the Clergy and sometimes with the People For here is a wide difference The pleasure of the Highest Powers is over the Election the Magistrates consent is a part of the election That agrees to the Highest Powers as such this to the Magistrates by Positive Law nor properly as Magistrates but as an honoured part of the City Therefore the Election by the Magistrates stayes within the bounds of their City but Emperours and Kings exercise their right not only in Cities which they dwell in and whose Churches they frequent but if they see it needfull through all places of their Dominions Again the Magistrates may be overcome with suffrages the Highest Power cannot Certainly although the election be permitted to others that right of free approbation cannot safely be abdicated by Him that rules in Chiefe Also after Election made the right of removing a certain person from the Ministry of a certain place although it may be in others too ought alwayes to remain in the Highest Power So Solomon ejected Abiathâ—r from being the Priest of God So the Bishops of Rome were more then once deposed by the Imperial Power as Bellarmine himself confesseth The proof whereof is easie For if the Highest Power hath right to interdict any one the City or Province hee must needs have a right also to interdict him the Ministry of this City or Province For this is included in that and in whose Power the whole is in his power the part cannot choose but be Nor only may the Highest Power doe this by way of punishment but by way of caution too to wit if any Pastor be drawn by the People into matter of tumult which perhaps may come to passe without his fault For unlesse the Highest Power could doe this the Common-wealth were not sufficient to secure it selfe The last errour is of those that think it belongs unto the same Person to elect and to remove For the Highest Power may interdict not only publick acts but private too to which it electeth not the Persons namely in negotiation and conduction as above is said when we spake of Jurisdiction and is manifested by Examples For eight or more Roman Bishops it is certain have been depos'd by Emperours sometimes with a Synod sometimes without whereof a good part were elected by the Clergy and people of Rome CHAP. XI Concerning offices to the Church not alwayes necessary IT is of much concernment for the keeping of peace in the Churches vtâ— distinguish accurately between the
and then the Pastors which Office and name remains in the Christian Church and the Elemosynaries which are like unto our Deacons Wherefore in that one place the Pastors joyned to the chiefe of the Synagogue are call'd the Rulers So in the new Testament often the High Priest with those next unto him are called the chief Priests and in Jeremy the antients of the Priests These Rulers of the Synagogues had others over them which were called Primates in either Palestine one and others in other Provinces And thus much be spoken by the way to illustrate the originall of Bishops Our fifth Assertion is Episcopacy hath been the spring-head whence many commodities have flowed into the Church The History of all times proclaims it but I will againe use him for my witnesse who in all Antiquity was the least friend of Bishops that is Jerom In the whole world saith he it was decreed that for the taking away of Schisms and divisions one being elected from among the Presbyters should be set above the rest In another place The Churches safety consisteth in the dignity of the chiefest Priest that is the Bishop to whom if there be not given a Superiour power over all the rest there will be made so many Schisms in the Church as there be Priests Nor is it any thing else which Cyprian doth so frequently inculcate Whence have Schisms and Heresies arisen and doe still arise in the Church but while the Bishop which is one and the Governour of the Church by the proud presumption of some men is contemned And elsewhere Heresies have no other Rise and Schisms no other beginning but hence that obedience is not given to Gods Priest nor is one Priest and Judge for the time in the steed of Christ elected Not only single Assemblies by the presidence of one were guarded against Schisms but as the same Cyprian saith The Universall Church was coupled together by the chaine of Priests linked to one another and united For the whole Christian world was preserv'd in concord by commerce of those Letters which were call'd formate And so much for Episcopall eminence To proceed On behalf of the equality of Pastors we have these things to say not repugnant to those afore First The Episcopall eminence is not of Divine precept This is prov'd enough because the contrary is not prov'd For Christ is no where read to have commanded it Indeed he approv'd it in the Apocalyps but it follows not Because he did approve it Therefore he did command it Episcopacy is of Apostolicall institution because it appears in some Churches Bishops were ordained or approved by the Apostles but the Apostles never commanded that such Bishops should be in every Church By which distinction we separate Jeroms case from the case of Aerius Jerom saith The Bishops became greater than the Presbyters by custome rather than by the Lords dispose As also Austin Episcopacy is greater than Presbytery according to the titles of honour which the Church hath used When the Fathers speak of Custome they exclude not Apostolicall institution yea as Austin saith What is observ'd in the Universall Church nor is instituted by Councils but hath bin alwaies kept is most rightly believ'd to have been deliver'd by no lesse Authority than Apostolicall But as we have elsewhere said it is not presently of Divine precept whatsoever is instituted by the Apostles for many things are instituted with reservation of a Liberty to make a change That the people should with a clear voice say Amen at the end of prayers That the Preacher should be uncover'd was a Constitution in the Apostolicall Church Which in many places now we see is not observed Moreover the Apostles so appointed Bishops that they left certaine Churches without Bishops as Epiphanius acknowledges There was need of Presbyters and Deacons for by these two the Ecclesiasticall Offices may be compleat but where none was found worthy of the Episcopacy the place remain'd without a Bishop but where was need and they were worthy of the Episcopacy Bishops were ordained Those Churches therefore as Jerom speaks were govern'd by the common Counsell of the Presbyters This we shall adde in the second place It was not universally observ'd that one Bishop should be over every City Of the Apostles time we suppose it is already prov'd And afterward more Bishops than one were in the same City in imitation of the Jews who had as many chief Rulers as they had Synagogues but in one City often times were many Synagogues or as Philo cals them Proseuche places of prayer So at Jerusalem was one Synagogue of Libertines another of the Cyrenians a third of the Alexandrians And at Corinth about the same time were named two chief Rulers of Synagogues Crispus and Sosthenes Epiphanius declares it was instituted first at Alexandria that in the whole City should be but one Bishop At last in the VIII Nicene Canon we see it was defin'd That there should not be two Bishops in any City yet so that withall it appears the Canon was sometimes dispenc'd with For the Canon permits that Bishops returning from the Sect of the Cathari to the Catholick Church should retein Episcopall honour next to the Catholick Bishop So the Ephesin Synod after the Election of Theodorus grants that honour to Eustachius as appears by an Epistle to the Synod of Pamphilia and in the conference before Marcellinus the Catholicks offer the same unto the Donatists if they would returne unto Communion Every one of us receiving an associate of his honour may sit with greater eminence the peregrine Bishops sitting by as a Collenge Valerius also in the Church of Hippo assumed Austin to himselfe Which although Austin saith 't was done through ignorance of the Canons appears yet to have been a thing not unheard of afore much lesse believ'd repugnant to the Law Divine Moreover the Episcopall Chairs in many Cities were often void not for some months only but many years together all which time The Churches that I may againe speak with Jerom were govern'd by the Common Counsell of the Presbyters or as Ignatius saith The Presbyters fed the flock untill God should shew them one to governe them To the Roman Clergy we see Cyprian wrote many Letters and the Clergy answer'd him concerning all things pertaining to the State of the Church Furthermore all the antients doe confesse there is no act except Ordination so proper to the Bishop but it may be exercis'd by the Presbyter Chrysostome and Jerom are very clear in this point And although in the judgement of these Fathers the right of Ordination is denyed Presbyters which may be seen in the constitutions of many Synods partly Universall partly topicall yet why may not this be understood that the Presbyters could ordaine none in contempt of the Bishop That they did in some sort concurre to Ordinations with the Bishop seems to appeare by the IV. Synod of Carthage When
a Presbyter is ordain'd the Bishop blessing him and holding his hand upon his head let all the Presbyters also that are present hold their hands upon his head by the Bishops hand For the confirmation hereof I dare not bring that of Paul concerning the laying on of hands of the Presbytery because I perceive Jerom Ambrose and other antient and the Prince of all recent writers Calvin interpret Presbytery in that place not the consistory but the Office to which Timothy was promoted And truly whosoever is versed in the Councils and the writings of the Fathers cannot be ignorant Presbytery as Episcopacy and Diaconacy to bee names of Offices And seeing it is certaine that Paul laid hands on Timothy it seemeth neither necessary nor convenient to joyn fellows with him for an Apostolicall act and Collation of miraculous gifts In the meane time I doe not see how this can be refelled even among the Schoolmen Antisiodorensis long since granted it where Bishops are not Ordination may be rightly made by Presbyters For the things that are observed for order sake admit exceptions So in the antient Councill of Carthage it is permitted Presbyters in case of necessity to reconcile penitents and in another place to lay hands on the Baptized Moreover as we have said above it is doubtfull whether Presbyters that neither have Presbyters under them nor a Bishop over them are neerer to Bishops or more Presbyters For of Timothy also Ambrose argues thus He that had not an other above him was a Bishop And we know to take an instance in the Common-wealth many things are lawfull for a Senate having not a King which to a Senate under a Kings Power are unlawfull For a Senate without a King is as it were a King This is our third Assertion The causes were not light why in this age in some places at least for some time Episcopacy was omitted That the causes are temporary Beza himself seems to acknowledge when he saith He is not the man to think the old order were not be restor'd if the ruines of the Church were once repair'd Of these causes the first might be the penury of men sufficient for so grave an Office for if that were a cause just enough while the Church was yong to omit in many places the Episcopall eminence as we heard Epiphanius say why then at the Churches Rise out of the thickest darknesse might not the same cause take place especially in those places where was found not one of the old Bishops that would yield up himself to truth and open his eyes to see the light held forth Another cause of this omission might be the long and inveterate depravation of the Episcopall Office Socrates of old complains some Episcopacies of his time had exceeded the bounds of Sacerdotall purity and were corrupted into Domination Hierax complains in Pelusiot the Dignity of lenity and meeknesse was advanced into Tyranny Nazianzene complains of the ambition of Bishops and for that reason wisheth if not Episcopacy yet at least that perpetuall right of Cities in retaining Episcopall dignity were changed Would to God there were neither Presidency nor preeminence of place nor tyrannicall power that we might all receive our estimate by vertue alone The Fathers of the Ephesin Synod long since professe themselves afraid lest that under the colours of the Sacred Function should commence the pride of secular power And it is easy to find the like sayings in the African Councils But verily never did Ecclesiastical ambition from the Apostles age unto those times advance to such a hight as it hath done since those times to the memory of our Fathers So that now without cutting off the part wherein the cause lyeth the disease seems almost impossible to be cur'd It is true good things are not to be condemn'd because some men abuse them yet the abuse being turn'd into a custome an intermission of the things themselves is not infrequent The Mosaicall Serpent might have remained without Superstition if the thing it self were considered but Ezechiah respecting the grown vice of the people that he might take away the Superstition took away the Serpent I am loth to say that the name and eminence Episcopall by their fault to whom it had fallen had lost all its reverence and was come into the odium of the common people to whom even when they are in errour somewhat sometimes is to be yielded The Romans being evill intreated by the Tarquins took an oath they would no more endure a King at Rome A third cause may be added that in those most infestious times the Preachers of the truth being hated for the truths sake were obliged to acquit themselves not only from the crime of ambition but from all suspition too which when by taking away the Episcopall dignity they sollicitously endeavour'd for all this they escaped not the calumny of their adversaries What reproaches should they not have heard had the change of Doctrine been joyned with the acquisition of preferment I will adde one cause more why in the beginning of the Repurgation Episcopacy was not very necessary God had raised up excellent men of great wit of great learning of great esteeme both among their own and the neighbouring people few indeed in number but such as were able to beare the weight of many businesses Their high reputation amongst all easily supplyed the defect of Episcopacy But if we will with Zanchy-confesse the plaine truth none were indeed more truely Bishops than they whose Authority although this was not their design prevailed even to the overthrow of Bishops Nor is that here to be omitted which we have said already more than once The Ecclesiasticall Government for the most part receives some impression from the Civill In the Roman Empire the Bishops were correspondent to the Dukes the Metropolitans to the Presidents the Patriarchs or Primats to the Vicars or Deputies of the Emperour What marvell is it then if people more accustomed to an Optimacy than Monarchy would have the Church affairs committed rather to the Clergy than the Bishop And these are the causes wherefore I think the Churches may be excus'd which have no Bishops whilst yet they abstaine from a disapprobation of the most Sacred order and withall retaine what Beza judged in no wise to be omitted That was Essentiall saith he which by the perpetuall ordainance of God hath been is and shall be necessary that in the Presbytery some one both in place and dignity the first oversee and governe the action by that right which God hath given him Let us come unto those Assessors whom in many places we see joyned to the Pastors out of the people by an annuall or bienniall Office They call them Presbyters when yet they neither Preach the Gospell to the people nor exhibite the Sacraments Concerning them this is our judgement First we say Those temporary Presbyters are strangers to the Apostolicall and antient Church nor have I seen any that
certaine neither the Apostles nor the Church had any coactive power granted to them I come unto the name of Presbyters which many think in the new Testament was given to the Assessors of Pastors which is not clear to me In the Testament I find three significations of this word â—one which pertains to age as when the Presbyters or Elders are oppos'd to the younger another which belongs to Power and Empire as when there is mention of those that sate in the great Synedry or in the lesse a third which agrees to the Preachers of the Gospell a fourth I doe not find A question may be made why the Apostles call'd the Pastors ordained by them by the name of Presbyters Was it because scarce any other but old men were called to that Office or because in the Synagogue also the Masters by an excellency had that appellation or which I like as well by a similitude taken from the Jewish Magistrates For Christ himself in the constitution of his Church that he might shew himself a King and withall by degrees might abolish the hope of an earthly Kingdome composed his Church though destitute of all externall power to a certaine Image of the Judaicall Kingdome and so erected the minds of his Disciples to the hope of a Kingdome Celestiall There was one King among the Hebrew people He also acknowledgeth himself to bee a King In that Kingdome were twelve Princes of their Tribes Christ constituted to himself so many Apostles and that it might not be doubted whether he had respect promiseth to them twelve thrones whereon they should judge the twelve tribes of Israel In the Kingdome were LXX Senators of the Great Synedry so many Evangelists are constituted by Christ The third dignity in the Kingdome was of the City Judges called Presbyters or Elders in the Church also the Presbyters follow the Apostles and Evangelists in the third place The chief of those Judges were called Bishops or Overseers and so in the Church the Princes of the Presbyters are the Bishops Lastly They that waited upon those Judges were Deacons or Ministers so are they called in the Church who are Ordained below the Presbyters What the Office of Presbyters is in the Christian Church the Apostles in sundry places teach us Paul having sent for the Presbyters of Ephesus to Miletum gives them to understand that they were made Overseers over the flock to feed the Church of God James biddeth the sick call for the Presbyters of the Church to pray over them and anoint them with Oyl in the name of the Lord. Peter exhorts the Presbyters being himself a Co-Presbyter that is a Colleague in the Office It appears therefore they were Pastors Neither were they otherwise ordain'd but by imposition of hands as of Timothy it is recorded In other places where without any character Presbyters are barely mention'd to understand any other Presbyters but those who in so many places are most clearly describ'd is the part of a temerarious conjector unlesse the Context compell us to depart from the certain and receiv'd signification In all the new Testament only one sentence of Paul is extant which is speciously brought to confirme those Presbyters non-Pastors Let the Presbyters or Elders that rule well be counted worthy of double honour especially they who labour in the word and Doctrine From this word especially is infer'd that there were in that time certaine Presbyters who ruled only and did not labour in the word and Doctrine But first if that were true at least somewhere else would appeare this new kind of Presbyters never spoken of before by what Author by what occasion it began as the Originall of Deacons is recorded and not so on the By and in passage in a single place where the speech was not concerning Offices Ecclesiasticall this necessary part of Ecclesiasticall Government should not I say so slightly be insinuated Againe the Fathers next to the Apostles times would have told us somewhat of it at least the Greek Fathers who could not be ignorant of their own tongue would have left us this Interpretation which some suppose to follow from the very series of the words Now when as before the last age not one of the Interpreters hath taken the words of Paul in that sense we have reason to see whether they admit not another interpretation more consonant to other places of the Scripture Let us then consider the scope of the Apostle He would have double honour given to Presbyters What hee means by honour may be understood by the words afore Honour Widows Where to honour is nothing else but to maintaine them honestly for his will is that the Widows should be honour'd who are Widows indeed that is as appears by the opposition such as have not believing kindred by whose help they may be relieved for if they have such he forbids to be burthensome to the Church After he had finished his discourse of susteining Widows he shews the Presbyters also must be supplyed with honest maintenance That this is noted by the word honour the reason annexed proveth For it is written Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. This same testimony of Scripture he had produced elsewhere to the same sense who goeth a warfare any time at his own charges who planteth a Vineyard and eateth not of the fruit thereof or who feedeth a flock and eateth not of the milk of the flock Say I these things as a man or saith not the Law the same For it is written in the Law of Moses Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. And afterward If we have sowen unto you spirituall things is it a great thing if we shall reap your carnall things Well is it noted upon the place we handle by Chrysostome Jerom Ambrose Calvin also and Bullinger that the Apostle here speaks of supply of maintenance necessaries That our Assessors should be susteined by the Churches allowance is not seen at this time nor was ever seen Neither is it credible that the Apostle who every where spares the Churches burdened enough with poor people would lay an unnecessary burden on them Wherefore if ever in this place especially those Assessors had been unseasonably mention'd where a discourse of maintenance is commenced The words of Paul have been commodiously interpreted many wayes by others The plainest Interpretation is Maintenance is due indeed to all Presbyters that rule the Church that is feed the Lords flock but especially to them that wholy neglecting their private affairs apply themselves to the only care of propagating the Gospel and spare no labour in it Here then are not set down two sorts of Presbyters but it is declared that the labour of all is not equall All acknowledge even Beza too that the word translated to labour notes not every labour but that which is most painfull In
this only but to give sentence together with the Bishops concerning the deposition of a Bishop and other matters as we see it happen'd in the case of Photinus and Dioscorus And why is not that lawfull in Presbyteries which was lawfull in Synods especially when as no lesse regard is to be had of Presbyteries in narrower territories than of Synods in that amplitude of the Roman Empire But further by the Emperours were given unto the Churches at their request Defendors which were Laiks whose Office was to keep off all force and tumult from the Church and Pastors and to take care that nothing should be done in the Church by violence or corruption These are they who in the later ages begin to be called the Churches Advocates So by the Metroplitans were wont to be given unto the Churches Phrontistae or Sollicitors who with the Bishop should keep accounts of the Churches treasure On the Churches 01 part we must repeat what was said afore that the whole multitude was not alwaies consulted but sometimes the Elders only Now if it was lawfull to carry the consultation from the multitude to the Elders why might it not the company of Elders being over great be contracted to a fewer number especially with consent of the multitude Moreover in choosing Pastors it appears that which was belonging to the multitude was often by compromise collated on a few And that in Synods Laiks were present and gave their vote is so manifest both by the History of the Great Councill and elsewhere that Pope Nicolas could not deny it In this point the judgements not of Melanchthon only and the later Authors but of Panormitan and Gerson are well known Why in Presbyteries may not be allowed as much to Laiks chosen for that purpose no reason can be found But farther yet It is apparent in the antient Church there were Matrons to exhort the other women to an honest conversation whom they called Presbyters and because in the Churches they sate above the other women Presidents The XI Canon of the Laodicean Synod abrogated them when they had continued untill that time as Balsamon notes And haply Paul speaks of them where he requires the Presbytesses or aged women to be holy in behaviour not false accusers not given to much wine teachers of good things That they may teach the young women to be sober to love their husbands to love their children c. If women therefore partakers of no Church-Office might neverthelesse be appointed by the Church to be teachers of other women why might not others beside the Pastors be assumed by the people who abstaining from Pastorall Offices should with greater dilligence performe that that is not only permitted but commanded every Christian And if those were entitled Presbytesses we may also in a more generall respect give unto these the appellation of Presbyters Moreover not much distant from the Office of Adsessors is the Office of Church Wardens and Sidemen in the Church of England Upon whom it resteth to take care that none disturbe the Divine service that no excommunicate person thrust himself into the Assembly They are also to admonish inordinate livers and if they persevere to defer their names unto the Bishop And these are chosen by the Church Fourthly our last position is that from these assessors no small benefit may accrew unto the Church For if we respect the Highest Powers it is expedient for them to have in the Assemblies of Pastors their eyes and ears by whose Ministry they may explore whether all things be done with fidelity and according to rule But if we look upon the Churches it is a thing of consequence that they also have a good opinion of the Pastors which will then most probably come to passe when they have witnesses of their actions and some to beget and keep a right understanding between the Pastors and themselves Upon the premises it follows that in the Office of Adsessors who in some places are in use whom for distinction we may call temporary or Lay-Presbyters there is nothing to be reprehended But we conceive these cautions are to be remembred 1. That the Office be not affirmed of Divine precept which cannot be said without contumely of the antient Church and divulsion of the present 2. That nothing be attributed to them which pertains to the Evangelicall Keys which Christ having given to be exercis'd by Pastors only may not be by us transferr'd to any other To excommunication therefore as it is the Pastors work they can conferre nothing beside their Counsel but as excommunication is also the work of the people who ought to remove from them wicked persons so far they may make an Act or Decree which may be propos'd to the people for their approbation 3. Let none be eleâ—ted to this adsession who are unable for Church-Government and especially for judging controversies For that is perillous and undecent for the Church and the most ready way to Oligarchy 4. Let not those Adsessors exercise any externall Jurisdiction or Coactive Power beyond what the publick Laws allow them 5. Let them know their Office not only as the Pastors Office which is instituted by Christ but as the things that are of humane Institution and therefore mutable is subject to the Authority of the Highest Powers The two last cautions being not known or not well observed great perturbations of the Common-wealth doe necessarily follow aâ—wise men have heretofore admonished and we have daily experience For many men having once imbibed this opinion that that Government is of Right Divine come at last to this to believe the Highest Powers have little or nothing to doe in the Church as being by God abundantly provided both with Pastors and with Rulers too Thus is an Invention of humane prudence confronted to the Ordinance of God and in this two headed Empire is sowen perpetuall seed of parties and factions whereunto they cease not to turne their eyes whosoever either in State or Church seek after Innovations They that remember what hath been done thirty years since in this our Country know the truth of what I say And this consideration principally mov'd me not to leave this question untoucht 'T is worthy the Relation that in Geneva which City brought forth if not first this Synedry it self at least the prime Defenders of it the entire right of electing those Elders is in the City Senate which is call'd the Little the Counsell of the Pastors being only heard Nor are they only elected by the Senators but from among Senators alone that is two out of the same little Senate and ten both out of the Senate of the sixty and out of the other Senate of two hundred The election made after this manner is submitted to the examination of the two hundred and the Elders elected although they have no Jurisdiction yet they give oath to the Republick He must needs be very ill-sighted who perceives not what
incommodities the Genevians feared when they took such a sollicitous and wary course for their elections CHAP. XII Of Substitution and Delegation about Sacred things IT is not enough for the Supreme Governour to know his own Right unlesse he know also how to use it in the best way Now whereas the Supreme Governour executes his Office partly by himself partly by others in those things which he dispatcheth by himself how he ought to use the Counsels of wise men is said afore nor is it unworthy to be here repeated that the Christian Emperours and other Kings alwaies had standing by their side most Religious Pastors by whose Counsels they did dispose of Sacred affairs as they did of secular by the advise of others But neither by this Help is the Supreme Governour whose influence is diffused through so many and so great businesses enabled to dispatch all things but hath need to use the service of Deputies The most weighty labours saith a wise Author of him that holds the Imperiall Ball have need of Helps And many businesses want many hands The Disputation makes a great noise in the Law-School What parts of Authority may be committed to other by the Highest Power It would be tedious and impertinent to relate all that may be said upon this queston In short some things there are which are not possible to be separated from the right of the Highest Power some things which to communicate to any other by reason of their greatnesse is not expedient Of the former kind is the right of amending Laws though made by others the right of cancelling unjust judgements if not by way of appeal at least by way of Petition the right to void elections which are against the good of the State or Church Of the later sort are these the choice of Religion and as well the Election as the Deposition of the chiefe Pastors which the Highest Powers for the most part have reserved to themselves yet not alwaies For also to certaine subjects whether Princes or Corporations we see the choice of Religion hath been granted when the necessity of the times exacted it Nor is this so new when the Persians also Macedonians and Romans granted the Jews and other Nations under their Dominions Liberty of Religion Moreover the Bishops of Rome and Constantinople we know were not alwaies elected by the Emperors The ways of committing Right to others are two Substitution and Delegation Substitution I call a mandate given by Law or Privilege Delegation by speciall Grant That the Highest Powers were accustomed to substitute Bishops we have shew'd above for thence ariseth the right of making Canons which have the force of Law the right with Power to depose a Pastor or to exclude one of the people out of the Congregation which apparently have been permitted to Synods or Presbyteries From the same Spring-head is the right of the Clergy or Chapters to make elections as may be proved by many Patents of Emperours and Kings Wherein verily their piety is worthy of all honour For they judged that unto them who were most acquainted with Sacred affairs and to whom the Pastorall Regiment was by God committed that other Regiment which flows from the Imperiall Power might also be committed most safely Would the event had not oft deceiv'd them in their so honourable design In the mean time they who endure not Pastors to be call'd in any part Vicars of the Highest Powers are to advised to depose their errour moved either by reason or the Authority of Laws and Histories Elsewhere we see the care of holy things was committed to Pastors with others not Pastors but pious and learned men and that not without example of Divine Authority For the great Synedry of LXX among the Hebrews upon whom among other things the care of Religion lay consisted of Priests Levits and men chosen out of the people No doubt in matters of Religion yea in all Judgements if I mistake not the High Priest gave his sentence before the rest Yet so that the Kings Vicegerent who was entitled Nasi had the first place and asked the Votes After which exemplar I observe the Ecclesiasticall Senate is compos'd in the Palatinate This Conjunction of the lesser Powers with the Bishops I find also in Justinian Certaine it is in the Deposition of Bishops the judgements of the Synod and of the Synators or Judges adjoyned by the Emperours met together So Pholinus is deposed by the sentence of the Bishop and the men of Senators rank whose names are recorded in Epiphanius Sometimes therefore the lesser Powers were associated to the Pastors only to suppresse violence and tumult sometimes to give sentence with them And so in the election of Bishops Justinians Law united with the Clergy the City Magistrates Which manner had not its first Originall then for Theodoret tels us After the death of Athanasius Peter was made Bishop by the suffrages of the Clergy and of the men in dignity and office Yea times have so fallen out that by reason of Schisms or the tumour of Bishops it was necessary this weighty part the care of Sacred things with command should be committed to the inferiour Powers and that without the Bishops For Aelianus Constantin's Proconsul and Marcellinus by Commission of Honorius examin'd the Laws of the Donatists and gave sentence 'twixt the parties as above is noted And in the Court of CP one of the Patricians did particularly attend the Church affairs whence his Office had its name So also the Parliaments of France by appeal the Senate of Spain by way of opposition the Court of Holland by penall writs corrected the errours of the Ecclesiastic censure Moreover that the right of electing or presenting Pastors the right of ordaining saved to the Pastors and of probation to the people was oft times allowed to lay-men alone is clear enough And this is the Right of Patronage which not with us only is in force but in England and the Palatinate as may be seen in the English Canons and the Palatine Constitutions Now as we doe not blame their piety who are sollicitous lest any mischief be done the Church under colour of this right so the truth exacteth at our hands not to let passe in silence the temerarious Assertion of those men who say this right is a new thing and depends upon the Authority of the Pope Surely Justinian is not a new Emperour nor liv'd he under the Popes Domination yet hath he established this Right by a Law If any devout person hath built a House and will ordain Clerks in it here to ordaine the Latine Interpreter translated for to elect either himself or his Heirs if they maintaine the Clericks and name such as are worthy the named shall be ordained but if the presentees are by the Holy Rules excluded as unworthy of Ordination then let the most Sacred Bishop ordaine such as he shall find more worthy This Law was
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 〈◊〉 〈◊〉 〈◊〉 〈◊〉
〈◊〉 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
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.
the Gospel is of more moment than the expounding of the Law but also because in the Christian Church the Preachers of the word are withall dispensers of the mysteries Whereas the Masters of the Synagogue administred no Sacraments For all the Sacrifices were offer'd in the Temple only except the Passeover which yet was not celebrated in the Synagogues but in every house the Master of the Family being chief Nor was it any where commanded that Circumcision should be given in the Synagogues or by any speciall Ministers It may then be doubted what Seniors of the Church Pseudambrose understands those that answer to the most skilfull of the Synagogue who also are scarce any other but aged men in which respect the chief of the Monks are called Seniors in Justinian or those that anser to the Elders in age in Philo If the former then Pseudambrose saith the very same with Jerom. The one Without the Counsell of the Seniors nothing in the Church was done the other The Churches were govern'd by the Common Counsell of the Presbyters speaking of those Presbyters which he saith at first were called Bishops and out of whom afterward the Bishops were elected But if the later please you more and truly his speech mention'd his age not Office the meaning will be this which we have exprest a little afore That insteed of all the people the Elder men were wont to be consulted with in the more weighty affairs that is in ordaining the Cleriks in absolving the lapsed and such like And indeed it is more credible this custome was long since obsolete and disus'd to consult with the people or the chief of the people than that the Bishops did almost all things without consulting with the Clergy Yet this also by little and little came to passe and prevailed against the antient custome These things therefore being understood no man will henceforth doubt but in all Ecclesiasticall writers the word Presbyters or Seniors pertains either to the aged in the Church or to the Magistrates who also are a part of the Church or to the Pastors And this ought to prevaile with us that we take not unadvisedly and without forcible arguments the places of Holy Scripture speaking of Presbyters in any other sense than they have been taken by them who being nearer to the Apostles times had more perfect intelligence of that antient Title But now let us proceed to the Ofacles of Holy Scripture and let this be our third Assertion Those choice Assessors of the Pastors of whom we dispute are not by Divine precept Whosoever affirms the contrary must condemne the Church of so many ages for contempt of Gods Law from which temerity we think it becomes us to abstaine Nor indeed is there any weight in their arguments who affirme that which wee deny and upon whom therefore lyes the necessity of proving Sufficient answers have been returned heretofore by very learned men yet lest any defect be in our Treatise it will be worth our pains to repeat what hath been well said and to adde somewhat that may bring light unto the question In the front we have that which Christ commandeth Tell it to the Church c. In which place some are of opinion Christ hath given the Church direction to institute a certaine Synedry to judge of things Ecclesiasticall consisting both of Ministers and other persons for such they will needs have Ecclesiasticall Synedrys to have been As for the words of Christ the antient and recent expositors have offer'd us sundry explications of them To repeat them all were tedious To me the most simple and plaine Interpretation and which comprehends almost all the rest seemeth to be this The man that hath offended us is not easily to be accounted for one deplored and incurable There are severall degrees of admonition to be observ'd first alone that he may if it be possible repent without a witnesse of his fault if that avails not a friend is to be taken with you one a second and a third if perhaps he will yield to their Authority And hitherto Christ hath said nothing which is not almost in the same words deliver'd in the writings of the Jews For this is extant in the book Musar If say they hee will neither then bee reconciled friends being used two or three let him depart and leave him to himself for such a one is implacable and is call'd a sinner But the same book in another place addes one degree more for thus it saith If neither by this means he shall prevaile any thing friends being used then he ought to make him ashamed in the presence of many Which Christ not disapproving according to his exceeding lenity which he would have us to imitate would have us try all things first before we give up the man for lost for that is the sense of Let him be unto thee as a Heathen and as a Publican that is an incorrigible sinner So in the Gospel are often joyn'd Publicans and sinners and the Gentiles are call'd sinners as when Christ saith hee should be deliver'd into the hands of sinners Wherefore the meaning of Christ is that before we relinquish all hope after a few witnesses any company of pious men ought to be adhibited to the end the scandalous person may be reclaim'd by the number and consent of grave men by the punishment or censure of many as Paul speaks For in Musar and in Paul the many and in the words of Christ the Church are the very same Certainly that a Company not great is comprehended in the name of Church both the LXX teach us and Paul too who hath entitled by the name of Church one family of pious people Here it sufficeth that it be understood this place in Matthew is nothing to their purpose for a company both of Pastors and of non-Pastors may be without the Assessors of whom now the question is What they adde concerning the Jewish Senates after long consideration I cannot grant The Synagogues of the Jews their Proseuche and Phrontisteries as Philo cals them were far different from their Courts of judgement In their Proseuchae were the Scriptures read and expounded all were instructed to speak againe with Philo to the love of God to the love of vertue to the love of men whereto answer those three words of Paul Godly soberly justly Here are no judgments exercised upon any That was done in the Courts of judgement where the Judges had cognizance of Sacred matters as well as of Profane the same Judges by the same Law for in the Hebrew people these were never disjoyn'd These Judges were partly in the severall Cities partly in the Head City Those were the lesser Synedryes to the Hellenists this the Great one and by an excellency the Synedry Whence the Hebrews following the Hellenists derived Sanhedrin None of these Courts because they had all of them coactive power could be retained in the Apostolicall Church because it is
joyned 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall 9. Benefices not the Popes Patrimony 10. The Custome of Holland 11. All Patronages subject to the Highest Power 12. Inferior Powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox THE END An Advertisement to the Stationer SIR IF it be objected as a friend of mine conjectured it might that the work is any way opposite to the present Government speaking so much of Kings and Emperors The answer is That the Judicious Author distinguisheth between Kings absolute and such as are confind or bound up by Laws and cannot act without or against a Parliament See cap. 3. Sect. 8. So that This treatise doth not presume to dispute the States Authority 't is ill disputing with those that command Legions but presupposing that humbly shews them what they may and ought to doe on behalf of the Church And in the very first page you find all the Book is written of the Highest power whether King or Senate And these are the Authors words at the end of 15. Sect. Chap. 11. A Senate without a King is as it were a King This I thought sit to advertise to prevent jealousy Fare you well And remember 't is one of the best pieces of the excellent Grotius Courteous Reader These Books following are to be sold by Joshua Kirton at the Kings Arms in Pauls Church-yard Books of Divinitie and Sermons 1. THe Truth of Christian Religion proved by the Principles and Rules taught and received in the Light of the understanding in an exposition of the Articles of our faith commonly called the Apostles Creed written by a learned Author lately deceased in Folio 1651. 2. A Concordance Axiomaticall containing a Survey of Theologicall Propositions with their Reasons and Uses in holy Scripture by William Knight in fol. 3. Certain Sermons or Homilies appointed to be read in Churches in the time of Queen Elizabeth and now reprinted in folio 4. Compunction or pricking of heart with the time means nature necessity and order of it and of Conversion with motives directions signes and means of cure of the wounded in heart with other consequent or concomitant duties especially self-deniall All of them gathered from Acts 2.37 being the summe of 80. Sermons With a Postscript concerning these times and the sutiableness of this text and Argument to the same and to the calling of the Jewes By R. Jenison Doctor of Divinity in quarto 5. A plain Discovery of the whole Revelation of St. John in two Treatises 1. Searching and proving the Interpretation 2. Applying the same paraphrastically and historically to the text with a Resolution of certain doubts and annexion of certain Oracles of Sibylla by John N pier Lord of Marchiston in quarto 6. The Government and order of the Church of Scotland with an Astertion of the said Government in the points of Ruling Elders and of the Authority of Presoyteries and Synods in quarto 7. A Treatise of Miscelany questions wherein many usefull questions and cases of Conscience are discusted and resolved concerning the Controversies of these times by George Gillespie of Scotland in quarto 8. An Answer to the ten Reasons of Edmund Campian the Jesuit in confidence whereof he â—ftired Disputation to the Ministers of the Church of England in the Controversie of Faith by William Whitaker Doctor of Divinity in quarto 9. Jo. Hen. Alsieduis his discourse of the 1000. Apocalypticall years or the Saints reign on earth a thousand years Englished by W. Burton in quarto 10. Letters concerning Religion between the late Earle of Manchester Lord Privy Seâ—l the Lord Faulkland and Mr. â—aâ—â—er Montaguc in quarto 11. Truth Asserted by the Doctrine and practice of the Apostles seconded by the â—estimony of Synods Fathers and Doctors from the Apostles to this day viz. that Episcopacy is Jure divino by Sir Frantis Wortley in quarto 12. An Answer to the chief Arguments for Anabaptisme by Doctor John Bastwick in quarto 13. Two learned Discourses 1. on Mathew 28.18 19. 2. on 2 Peter 2.13 written by a learned and worthy Gentleman larely decâ—ased in octavo 1651. 14. Popular Errors in generall points concerning the Intelligence of Religion having relation to their causes and reduced into divers Observations by John Dâ—spagne Minister of the French Church in octavo 15. New Observations upon the Creed with the use of the Lords Prayer maintained by John Despagne in octavo 16. The same in French 17. New Observations upon the Commandements by John Despagne 1651. 18. The same in French 19. The Abridgement of a Sermon preached on the Fast day for the good successe of the Treaty between the King and Parliament 1648. by John Despagne 20. The same in French 21. Sermon Funebre de Jean Despagne sur la mort de sa Femme in octavo 22. Advertissement touth out la fraction distribution du prin en la S. cene obmises en plusieurs Eglises Orthodoxes par Jean Despagne in octavo 23. A Monument of Mortality containing 1. A wakening for worldlings 2. Meditations of Consolation 3. Comfortable considerations preparing the sick for an happy change 4. A Mirrour of modesty with a reproof of the strange attired woman and the sacred use of Christian Funerals by M. Day Doctor of Divinity in octavo 24. Plain truths of Divinity collected out of the Sacred Scriptures particularly of the destruction of Antichrist and the time when the comming of Christ to Judgement and his raigning with his Saints for ever upon this earth after the restitution of all things by John Alcock in octavo 25. Herberts carefull Father and pious Child lively represented in teaching and learning a Catechisme made in 1200 Questions and Answers in which the Catholick truth is asserted and above 600 Errors Heresies and points of Popery are briefly consuted in octavo 26. Herberts belief and confession of faith made in 160. Articles in octavo 27. Herberts quadrupartite devotion for the day week month year made in about 700. Meditations and Prayers in octavo 28. Meditations on Christs prayer upon the Crosse Father forgive them for they know not what they doe by Sir John Hayward in octavo 1651. 29. Davids Tears or Meditations on the 6.32 and 130. Psalmes by Sir John Hayward in twelves 30. The Devotions of the dying man that desireth to dye well Written by Samuel Gardiner Doctor of Divinity in twelves 31. A Beautifull Bay-bush to shrowd us from the sharp showres of Sin containing many notable Prayers and Meditations in twelves 32. A Grain of Incense or Supplication for the peace of Jerusalem the Church and State written by John Reading in octavo 33. An Evening Sacrifice or prayer for a family necessary for these calamitous times made by John Reading in octavo 34. Character of true blessedness delivered in a Sermon at the Funerall of Mistris Alice