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A44334 The works of Mr. Richard Hooker (that learned and judicious divine), in eight books of ecclesiastical polity compleated out of his own manuscripts, never before published : with an account of his life and death ...; Ecclesiastical polity Hooker, Richard, 1553 or 4-1600.; Gauden, John, 1605-1662.; Walton, Izaak, 1593-1683.; Travers, Walter, 1547 or 8-1635. Supplication made to the councel. 1666 (1666) Wing H2631; ESTC R11910 1,163,865 672

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very words are That where such power is sealed into a family or kindred the Stock it self is thereby chosen but not the twig that springeth of it The next of the Stock unto him that raigneth are not through nearness of blood made Kings but rather set forth to stand for the Kingdom where Regal Dominion is hereditary it is notwithstanding if we look to the persons which have it altogether elective To this purpose are selected heaps of Scriptures concerning the Solemn Coronation or Inauguration of Saul of David of Solomon and others by the Nobles Ancients and people of the Common-weal of Israel as if these solemnities were a kind of deed whereby the right of Dominion is given Which strange untrue and unnatural conceits set abroad by seeds-men of Rebellion onely to animate unquiet spirits and to feed them with possibility of aspiring to Thrones if they can win the hearts of the people what hereditary title soever any other before them may have I say unjust and insolent positions I would not mention were it not thereby to make the countenance of truth more orient for unless we will openly proclaim defiance unto all law equity and reason we must there is no remedy acknowledge that in kingdoms hereditary birth giveth right unto Soveraign Dominion and the death of the predecessor putteth the successor by blood in seisin Those publick solemnities before specified do but serve for an open testification of the Inheritors right or belong unto the form of inducting him into possession of that thing he hath right unto therefore in case it doth happen that without right of blood a man in such wise be possessed all these new elections and investings are utterly void they make him no indefeasable estate the inheritor by blood may disposses him as an usurper The case thus standing albeit we judge it a thing most true that Kings even inheritors do hold their right in the Power of Dominion with dependency upon the whole Body politick over which they have Rule as Kings yet so it may not be understood as if such dependency did grow for that every supream Governor doth personally take from thence his power by way of gift bestowed of their own free accord upon him at the time of his entrance into the said place of his soveraign Government But the cause of dependency is that first Original conveyance when power was derived from the whole into One to pass from him unto them whom out of him nature by lawful births should produce and no natural or legal inability make uncapable Neither cab any man with reason think but that the first institution of Kings a sufficient consideration wherefore their power should always depend on that from which it did always flow by Original influence of power from the body into the King is the cause of Kings dependency in Power upon the body By dependency we mean subordination and subjection A manifest token of which dependency may be this as there is no more certain Argument that Lands are held under any as Lords then if we see that such lands is defect of heirs fall unto them by escheat In like manner it doth follow rightly that seeing Dominion when there is none to inherit it returneth unto the body therefore they which before were inheritors thereof did hold it with dependency upon the body so that by comparing the body with the head as touching power it seemeth always to reside in both fundamentally and radicially in the one in the other derivatively in the one the Habit in the other the Act of Power May a body politick then at all times withdraw in whole or in part the influence of Dominion which passeth from it if inconveniencies do grow thereby It must be presumed that supream Governors will not in such case oppose themselves and be stiff in detaining that the use whereof is with publick detriment but surely without their consent I see not how the body by any just means should be able to help it self saving when Dominion doth escheat such things therefore must be thought upon before hand that Power may be limited ere it be granted which is the next thing we are to consider In what Measure IN power of Dominion all Kings have not an equal latitude Kings by conquest make their own Charter so that how large their power either Civil or Spiritual is we cannot with any certainty define further then onely to set them in the line of the Law of God and Nature for bounds Kings by Gods own special appointment have also that largeness of power which he doth assign or permit with approbation touching Kings which were first instituted by agreement and composition made with them over whom they raign how far their power may extend the Articles of Compact between them is to shew not only the Articles of Compact at the first beginning which for the most part are either clean worm out of knowledg or else known to very few but whatsoever hath been after in free and voluhtary manner condiscended unto whether by express consent whereof positive laws are witnesses or else by silent allowance famously notified through custome reaching beyond the memory of man By which means of after Agreement it cometh many times to pass in Kingdoms that they whose ancient predecessors were by violence and force made subject do by little and little grow into that sweet form of Kingly Government which Philosophers define Regency willingly sustained and indued with Chiefly of power in the greatest things Many of the ancients in their writings do speak of Kings with such high and ample terms as if universality of Power even in regard of things and not of persons did appertain to the very being of a King The reason is because their speech concerning Kings they frame according to the state of those Monarchs to whom unlimited authority was given which some not observing imagine that all Kings even in that they are Kings ought to have whatsoever power they judge any Soveraign Ruler lawfully to have enjoyed But the most judicious Philosopher whose eye scarce any things did escape which was to be found in the bosome of nature he considering how far the power of one Soveraign Rule● may be different from another Regal Authority noteth in Spartan Kings That of all others they were most tied to Law and so the most restrained power A King which hath not supream power in the greatest things is rather intituled a King then invested with reall Soveraignty We cannot properly term him a King of whom it may not be said at the least wise as touching certain the chiefest affairs of the State 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 his right in them is to have rule not subject to any other predominancy I am not of opinion that simply in Kings the most but the best limited power is best both for them and the people the most limited is that which may deal in fewest things the ●e●t that which
to tye that unto him by way of excellency which in meaner degrees is common to others it doth not exclude any other utterly from being termed Head but from being intituled as Christ is the Head by way of the very highest degree of excellency Not in the communication of Names but in the confusion of things there is errour Howbeit if Head were a Name that could not well be nor never had been used to signifie that which a Magistrate may be in relation to some Church but were by continual use of speech appropriated unto the onely thing it signifieth being applyed unto Jesus Christ then although we must carry in our selves a right understanding yet ought we otherwise rather to speak unless we interpret our own meaning by some clause of plain speech because we are else in manifest danger to be understood according to that construction and sense wherein such words are personally spoken But here the rarest construction and most removed from common sense is that which the Word doth import being applyed unto Christ that which we signifie by it in giving it to the Magistrate it is a great deal more familiar in the common conceit of men The word is so fit to signifie all kindes of Superiority Preheminence and Chiefty that nothing is more ordinary than to use it in vulgar speech and in common understanding so to take it If therefore Christian Kings may have any preheminence or chiefty above all others although it be less than that which Theodore Beza giveth who placeth Kings amongst the principal Members whereunto publick Function to the Church belongeth and denyeth not but that of them which have publick Fonction the Civil Magistrates power hath all the rest at command in regard of that part of his Office which is to procure that Peace and good 〈…〉 especially kept in things concerning the first Table if even hereupon they term him the Head of the Church which is his Kingdom it should not seem so unfit a thing Which Title surely we could not communicate to any other no not although it should at our hands be exacted with torments but that our meaning herein is made known to the World so that no man which will understand can easily be ignorant that we do not impart unto Kings when we term them Heads the honor which is properly given to our Lord and Saviour Christ when the blessed Apostle in Scripture doth term him the Head of the Church The power which we signifie in that name differeth in three things plainly from that which Christ doth challenge First it differeth in order because God hath given to his Church for the Head 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Farr above all Principalities and Powers and Might and Dominion and every Name that is named not in this World only but also in that which is to come Whereas the Power which others have is subordinate unto his Secondly again as he differeth in order so in measure of Power also because God hath given unto him the ends of the Earth for his Possesion unto him Dominion from Sea to Sea unto him all power both in Heaven and Earth unto him such Soveraignty as doth not only reach over all places persons and things but doth rest in his own only Person and is not by any succession continued he reigneth as Head and King nor is there any kinde of law which tyeth him but his own proper will and wisdom his power is absolute the same joyntly over all which it is severally over each not so the Power of any other Headship How Kings are restrained and how their Power is limited we have shewed before so that unto him is given by the title of Headship ever the Church that largeness of Power wherein neither Man nor Angel can be matched not compared with him Thirdly the last and greatest difference between him and them is in the very kinde of their Power The Head being of all other parts of the Body most divine hath dominion over all the rest it is the fountain of sense of motion the throne where the guide of the Soul doth reign the Court from whence direction of all things human proceedeth Why Christ is called the Head of the Church these Causes themselves do yield As the Head is the chiefest part of a man above which there is none alwayes joyned with the Body so Christ the highest in his Church is alwayes knit to it Again as the Head giveth sense and motion unto all the Body so he quickneth us and together with understanding of heavenly things giveth strength to walk therein Seeing therefore that they cannot affirm Christ sensibly present or alwayes visibly joyned unto his Body the Church which is on Earth in as much as his Corporal residence is in Heaven again seeing they do not affirm it were intolerable if they should that Christ doth personally administer the external Regiment of outward Actions in the Church but by the secret inward influence of his Grace giveth Spiritual life and the strength of ghostly motions thereunto Impossible it is that they should so close up their eyes as not to discern what odds there is between that kinde of operation which we imply in the Headship of Princes and that which agreeth to our Saviours dominion over the Church The Headship which we give unto Kings is altogether visibly exercised and ordereth only the external frame of the Church-affairs here amongst us so that it plainly differeth from Christ's even in very nature and kinde To be in such sort united unto the Church as he is to work as he worketh either on the whole Church or upon any particular Assembly or in any one man doth neither agree nor hath any possibility of agreeing unto any one besides him Against the first distinction or difference it is to be objected That to entitle a Magistrate head of the Church although it be under Christ is not absurd For Christ hath a two-fold Superiority ever his and even Kingdoms according to the one he hath a Superior which is his Father according to the other none had immediate Authority with his Father that is to say of the Church he is Head and Governor onely as the Son of Man Head and Governor of Kingdoms onely as the Son of God In the Church as Man he hath Officers under Him which Officers are Ecclesiastical Persons As for the Civil Magistrate his Office belongeth unto Kingdoms and to Common-wealths neither is he there an under or subordinate Head considering that his Authority cometh from God simply and immediately even as our Saviour Christ's doth Whereunto the sum of our Answer is First that as Christ being Lord or Head over all doth by vertue of that Soveraignty rule all so he hath no more a Superiour in governing his Church than in exercising Soveraign Dominion upon the rest of the World besides Secondly That all Authority as well Civil as Ecclesiastical is subordinate unto him And Thirdly the
That the Parliament being a mere Temporal Court can neither by the law of Nature nor of God have competent power to define of such matters That Supremacy in this kinde cannot belong unto Kings as Kings because Pagan Emperours whose Princely power was true Soveraignty never challenged so much over the Church That Power in this kinde cannot be the right of any Earthly Crown Prince or State in that they be Christians forasmuch as if they be Christians they all owe subjection to the Pastors of their Souls That the Prince therefore not having it himself cannot communicate it to the Parliament and consequently cannot make Laws here or determine of the Churches Regiment by himself Parliament or any other Court subjected unto him The Parliament of England together with the Convocation annexed thereunto is that whereupon the very essence of all Government within this Kingdom doth depend it is even the body of the whole Realm it consisteth of the King and of all that within the Land are subject unto him The Parliament is a Court not so merely Temporal as if it might meddle with nothing but onely Leather and Wool Those dayes of Queen Mary are not yet forgotten wherein the Realm did submit it self unto the Legate of Pope Iulius at which time had they been perswaded as this man seemeth now to be had they thought that there is no more force in Laws made by Parliament concerning Church-Affairs then if men should take upon them to make Orders for the Hierarchies of Angels in Heaven they might have taken all former Statutes of that kinde as cancelled and by reason of nullity abrogated What need was there that they should bargain with the Cardinal and purchase their Pardon by promise made before-hand that what Laws they had made assented unto or executed against the Bishop of Rome's Supremacy the same they would in that present Parliament effectually abrogate and repeal Had they power to repeal Laws made and none to make Laws concerning the Regiment of the Church Again when they had by suit obtained his confirmation for such Foundations of Bishopricks Cathedral Churches Hospitals Colledges and Schools for such Marriages before made for such Institutions into Livings Ecclesiastical and for all such Judicial Processes as having been ordered according to the Laws before in force but contrary unto the Canons and Orders of the Church of Rome were in that respect thought defective although the Cardinal in his Letters of Dispensation did give validity unto those Acts even Apostolicae firmitatis robur the very strength of Apostolical solidity what had all these been without those grave authentical words Be it enacted by the Authority of this present Parliament that all and singular Articles and Clauses contained in the said Dispensation shall remain and be reputed and taken to all intents and constructions in the Laws of this Realm lawful good and effectual to be alledged and pleaded in all Courts Ecclesiastical and Temporal for good and sufficient matter either for the Plaintiff or Defendant without any Allegation or Objection to be made against the validity of them by pretence of any General Councel Canon or Decree to the contrary Somewhat belike they thought there was in this mere Temporal Court without which the Popes own mere Ecclesiastical Legate's Dispensation had taken small effect in the Church of England neither did they or the Cardinal imagine any thing committed against the Law of Nature or of God because they took order for the Churches Affairs and that even in the Court of Parliament The most natural and Religious course in making Laws is that the matter of them be taken from the judgement of the wisest in those things which they are to concern In matters of God to set down a form of Prayer a solemn confession of the Articles of the Christian Faith and Ceremonies meet for the exercise of Religion It were unnatural not to think the Pastors and Bishops of our Souls a great deal more fit than men of Secular Trades and Callings Howbeit when all which the wisdome of all sorts can do is done for the devising of Laws in the Church it is the general consent of all that giveth them the form and vigour of Laws without which they could be no more unto us than the Councel of Physitians to the sick Well might they seem as wholesom admonitions and instructions but Laws could they never be without consent of the whole Church to be guided by them whereunto both Nature and the practise of the Church of God set down in Scripture is found every way so fully consonant that God himself would not impose no not his own Laws upon his People by the hand of Moses without their free and open consent Wherefore to define and determine even of the Churches Affairs by way of assent and approbation as Laws are defined in that Right of Power which doth give them the force of Laws thus to define of our own Churches Regiment the Parliament of England hath competent Authority Touching that Supremacy of Power which our Kings have in this case of making Laws it resteth principally in the strength of a negative voice which not to give them were to deny them that without which they were Kings but by mere title and not in exercise of Dominion Be it in Regiment Popular Aristocratical or Regal Principality resteth in that Person or those Persons unto whom is given right of excluding any kinde of Law whatsoever it be before establishment This doth belong unto Kings as Kings Pagan Emperors even Nero himself had no less but much more than this in the Laws of his own Empire That he challenged not any interest of giving voice in the laws of the Church I hope no man will so construe as if the cause were conscience and fear to encroach upon the Apostles right If then it be demanded By what right from Constantine downward the Christian Emperors did so far intermeddle with the Churches affairs either we must herein condemn them as being over presumptuously bold or else judge that by a Law which is termed Regia that is to say Regal the People having derived unto their Emperors their whole power for making of Laws and by that means his Edicts being made Laws what matter soever they did concern as Imperial dignity endowed them with competent Authority and power to make Laws for Religion so they were thought by Christianity to use their Power being Christians unto the benefit of the Church of Christ was there any Christian Bishop in the world which did then judge this repugnant unto the dutiful subjection which Christians do ow to the Pastors of their Souls to whom in respect of their Sacred Order it is not by us neither may be denied that Kings and Princes are as much as the very meanest that liveth under them bound in conscience to shew themselves gladly and willingly obedient receiving the Seals of Salvation the blessed Sacraments at their hands as at the
observe that Discipline nevertheless the Senate of Geneva having required their judgment concerning these three Questions First After what manner by Gods Commandment according to the Scripture and unspotted Religion Excommunication is to be exercised Secondly Whether it may not be exercised some other way then by the Consistory Thirdly What the use of their Churches was to do in this case Answer was returned from the said Churches That they had heard already of those Consistorial Laws and did acknowledge them to be godly Ordinances drawing towards the prescript of the Word of God for which cause that they did not think it good for the Church of Geneva by innovation to change the same but rather to keep them as they were Which answer although not answering unto the former demands but respecting what Mr. Calvin had judged requisite for them to answer was notwithstanding accepted without any further Reply in as much as they plainly saw that when stomach doth strive with wit the match is not equal and so the heat of their former contentions began to slake The present inhabitants of Geneva I hope will not take it in evil part that the faultiness of their people heretofore is by us so far forth laid open as their own Learned Guides and Pastors have thought necessary to discover it unto the World For out of their Books and Writings it is that I have collected this whole Narration to the end it might thereby appear in what sort amongst them that Discipline was planted for which so much contention is raised amongst our selves The Reasons which moved Calvin herein to be so earnest was as Beza himself testifieth For that he saw how needful these Bridles were to be put in the Jaws of that City That which by Wisdom he saw to be requisite for that people was by as great wisdom compassed But wise men are men and the truth is truth That which Calvin did for establishment of his Discipline seemeth more commendable then that which he taught for the countenancing of it established Nature worketh in us all a love to our own Counsels The contradiction of others is a fan to inflame that love Our love set on fire to maintain that which once we have done sharpneth the wit to dispute to argue and by all means to reason for it Wherfore a marvel it were if a man of so great capacity having such incitements to make him desirous of all kinde of furtherances unto his cause could espie in the whole Scripture of God nothing which might breed at the least a probable opinion of likelihood that Divine Authority it self was the same way somewhat inclinable And all which the wit even of Calvin was able from thence to draw by sifting the very utmost sentence and syllable is no more then that certain speeches there are which to him did seem to intimate that all Christian Churches ought to have their Elderships endued with power of Excommunication and that a part of those Elderships every where should be chosen out from amongst the Laity after that Form which himself had framed Geneva unto But what Argument are ye able to shew whereby it was ever proved by Calvin that any one sentence of Scripture doth necessarily inforce these things or the rest wherein your opinion concurreth with his against the Orders of your own Church We should be injurious unto Vertue it self if we did derogate from them whom their industry hath made great Two things of principal moment there are which have deservedly procured him honor throughout the World The one his exceeding pains in composing the Institution of Christian Religion the other his no less industrious travels for Exposition of holy Scripture according unto the same Institutions In which two things whosoever they were that after him bestowed their labor he gained the advantage of prejudice against them if they gainsaid and of glory above them if they consented His Writings published after the question about that Discipline was once begun omit not any the least occasion of extolling the use and singular necessity thereof Of what account the Master of Sentences was in the Church of Rome the same and more amongst the Preachers of Reformed Churches Calvin had purchased So that the perfectest Divines were judged they which were skilfullest in Calvins Writings His Books almost the very Canon to judge both Doctrine and Discipline by French Churches both under others abroad and at home in their own Countrey all cast according unto that mold which Calvin had made The Church of Scotland in erecting the Fabrick of their Reformation took the self-same pattern till at lenght the Discipline which was at the first so weak that without the staff of their approbation who were not subject unto it themselves it had not brought others under subjection began now to challenge Universal Obedience and to enter into open conflict with those very Churches which in desperate extremity had been relievers of it To one of those Churches which lived in most peaceable sort and abounded as well with men for their learning in other Professions singular as also with Divines whose equals were not elswhere to be found a Church ordered by Gualters Discipline and not by that which Geneva adoreth Unto this Church of Heidelburgh there cometh one who craving leave to dispute publickly defendeth with open disdain of their Government that to a Minister with his Eldership power is given by the Law of God to Excommunicate whomsoever yea even Kings and Princes themselves Here were the seeds sown of that controversie which sprang up between Beza and Erastus about the Matter of Excommunication Whether there ought to be in all Churches an Eldership having power to Excommunicate and a part of that Eldership to be of necessity certain chosen out from amongst the Laity for that purpose In which Disputation they have as to me it seemeth divided very equally the Truth between them Beza most truly maintaining the necessity of Excommunication Erastus as truly the non-necessity of Lay-Elders to be Ministers thereof Amongst our selves there was in King Edwards days some question moved by reason of a few mens scrupulosity touching certain things And beyond Seas of them which fled in the days of Queen Mary some contenting themselves abroad with the use of their own Service Book at home authorized before their departure out of the Realm others liking better the Common Prayer Book of the Church of Geneva translated Those smaller Contentions before begun were by this me an somewhat increased Under the happy Reign of Her Majesty which now is the greatest matter a while contended for was the wearing of the Cap and Surpless till there came Admonitions directed unto the High Court of Parliament by men who concealing their names thought it glory enough to discover their mindes and affections which now were universally bent even against all the Orders and Laws wherein this Church is found uncomformable to the Platform of Geneva Concerning the Defender of
Deductions cometh clearly unto our hands I hope it will not be said that towards the publique charge we disburse nothing And doth the residue seem yet excessive The ways whereby temporal men provide for themselves and their Families are fore-closed unto us All that we have to sustain our miserable life with is but a remnant of God's own treasure so farr already diminished and clipt that if there were any sense of common humanity left in this hard-hearted World the improverished estate of the Clergy of God would at the length even of very commiseration be spared The mean Gentleman that hath but an hundred pound Land to live on would not be hasty to change his Worldly estate and condition with many of these so over-abounding Prelates a common Artisan or Tradesman of the City with ordinary Pastors of the Church It is our hard and heavy lot that no other sort of men being grudged at how little benefit soever the Publick Weal reap by them no state complained of for holding that which hath grown unto them by lawful means only the Governors of our Souls they that study day and night so to guide us that both in this World we may have comfort and in the World to come endless felicity and joy for even such is the very scope of all their endeavours this they wish for this they labour how hardly soever we use to construe of their incents hard that only they should be thus continually lifted at for possessing but that whereunto they have by Law both of God and man most just Title If there should be no other remedy but that the violence of men in the end must needs bereave them of all succour further than the inclinations of others shall vouchsafe to cast upon them as it were by way of Alms for their relief but from to hour better they are not than their Fathers who have been contented with as hard a portion at the World's hands let the light of the Sun and Moon the common benefit of Heaven and Earth be taken away from ●● if the Question were Whether God should lose his glory and the safety of his Church be hazarded or they relinquish the right and interest which they have in the things of this World But fith the Question in truth is Whether Levi shall be deprived of the portion of God or no to the end that Simeon or Reuben may devour it as their spoyl the comfort of the one in sustaining the injuries which the other would offer must be that Prayer powred out by Moses the Prince of Prophets in most tender affection to Levi Bless O Lord his substance accept than the work of his hands s●ite through the loyns of them that rise up against him and of them which hate him that they rise no more OF THE LAWS OF Ecclesiastical Polity Book VIII Containing their Seventh Assertion That to no Civil Prince or Governor there may be given such power of Ecclesiastical Dominion as by the Laws of this Land belongeth unto the Supreme Regent thereof WE come now to the last thing whereof there is Controversie moved namely The Power of Supreme Iurisdiction which for distinction sake we call The Power of Ecclesiastical dominion It was not thought fit in the Iews Commonwealth that the exercise of Supremacy Ecclesiastical should be denied unto him to whom the exercise of Chiefy Civil did appertain and therefore their Kings were invested with both This power they gave into Simon when they consented that he should be their Prince not only to set men over their Works and Countrey and Weapons but also to provide for the Holy things and that he should be obeyed of every man and that the Writings of the Country should be made in his name and that it should not be lawful for any of the people or Priests to withstand his words or to call any Congregation in the Country without him And if haply it be surmised that thus much was given to Simon as being both Prince and High-Priest which otherwise being their Civil Governor he could not lawfully have enjoyed We must note that all this is no more then the ancient Kings of that People had being Kings and not Priests By this power David Asa Iehoshaphat Iosiaes and the rest made those Laws and Orders which sacred History speaketh of concerning matters of meer Religion the affairs of the Temple and service of God Finally had it not been by the vertue of this power how should it possibly have come to pass that the piety or impiety of the Kings did always accordingly change the publique face of Religion which things the Prophets by themselves never did nor at any time could hinde from being done Had the Priests alone been possest of all power in spiritual affairs how should any thing concerning matter of Religion have been made but only by them in had it head been not in the King to change the face of religion at any time the altering of religion the making of Ecclesiastical Laws with other the like actions belonging unto the power of Dominion are still termed the deeds of the King to shew that in him was placed the supremacy of power in this kinde over all and that unto their Priests the same was never committed saving only at such times as the Priests were also Kings and Princess over them According to the pattern of which example the like power in causes Ecclesiastical is by the Laws of this Realm annexed unto the Crown and there are which do imagine that Kings being meer Lay-persons do by this means exceed the lawful bounds of their callings which thing to the end that they may perswade they first make a necessary separation perpetual and personal between the Church and the Common-wealth Secondly they so tie all kind of power Ecclesiastical unto the Church as if it were in every degree their only right who are by proper spiritual functions termed Church-Governours and might not unto Christian Princes in any wise appertain To lurk under shifting ambignities and equivocations of words in matter of principal weight is childish A Church and a Common-wealth we grant are things in nature one distinguished from the other a Common-wealth is one way and a Church an other way defined In their opinions the Church and Common-wealth are corporations not distinguished only in nature and definition but in substance perpetually severed so that they which are of the one can neither appoint nor execute in whole nor in part the duties which belong to them which are of the other without open breach of the Law of God which hath divided them and doth require that so being divided they should distinctly or severally work as depending both upon God and not hanging one upon the others approbation For that which either hath to do we say that the care of Religion being common to all societies Politique such societies as do embrace the true Religion have the name of the Church given unto
every one of them for distinction from the rest so that every body Politique hath some Religion but the Church that Religion which is only true Truth of Religion is the proper difference whereby a Church is distinguished from other Politique societies of men we here mean true Religion in gross and not according to every particular for they which in some particular points of Religion do sever from the truth may nevertheless truly if we compare them to men of an heathenish Religion be said to hold and profess that Religion which is true For which cause there being of old so many Politique societies stablished through the world only the Common-wealth of Israel which had the truth of Religion was is that respect the Church of God and the Church of Jesus Christ is every such Politique society of men as doth in Religion hold that truth which is proper to Christianity As a Politique society it doth maintain Religion as a Church that Religion which God hath revealed by Jesus Christ with us therefore the name of a Church importeth onely a society of men first united into some publique form of Regiment and secondly distinguished from other societies by the exercise of Religion With them on the other side the name of the Church in this present question importeth not only a maltitude of men so united and so distinguihed but also further the same divided necessarily and perpetually from the body of the Common-wealth so that even in such a Politique society as consisteth of none but Christians yet the Church and Common-wealth are too Corporations independently subsisting by it self We hold that seeing there is not any man of the Church of England but the same man is also a member of the Common-wealth nor any member of the Common-wealth which is not also of the Church of England Therefore as in a figure Triangle the base doth differ from the sides thereof and yet one and the self same line is both a base and also a side aside simply a base if it chance to be the bottom and under-lye the rest So albeit properties and actions of one do cause the name of a Common-wealth qualities and functions of another sort the name of the Church to be given to a multitude yet one and the self-same multitude may in such sort be both Nay it is so with us that no person appertaining to the one can be denied also to be of the other contrariwise unless they against us should hold that the Church and the Common-wealth are two both distinct and separate societies of which two one comprehendeth alwayes persons not belonging to the other that which they do they could not conclude out of the difference between the Church and the Common-wealth namely that the Bishops may not meddle with the affairs of the Common wealth because they are Governours of an other Corporation which is the Church nor Kings with making Lawes for the Church because they have government not of this Corporation but of another divided from it the Common-wealth and the walls of separation between these two must for ever be upheld they hold the necessity of personal separation which clean excludeth the power of one mans dealing with both we of natural but that one and the same person may in both bear principal sway The causes of common received Errors in this Point seem to have been especially two One That they who embrace true Religion living in such Common-wealths as are opposite thereunto and in other publike affairs retaining civil Communion with such as are constrained for the exercise of their Religion to have a several Communion with those who are of the same Religion with them This was the state of the Jewish Church both in Egypt and Babylon the state of Christian Churches a long time after Christ. And in this case because the proper affairs and actions of the Church as it is the Church hath no dependance on the Laws or upon the Government of the civil State and opinion hath thereby grown that even so it should be always This was it which deceived Allen in the writing of his Apology The Apostles saith he did govern the Church in Rome when Nero bare rule even as at this day in all the Churches dominions The Church hath a spiritual Regiments without dependance and so ought she to have amongst Heathens or with Christians Another occasion of which mis-conceit is That things appertaining to Religion are both distinguished from other affairs and have always had in the Church spiritual persons chosen to be exercised about them By which distinction of Spiritual affairs and persons therein employed from Temporal the Error of personal separation always necessary between the Church and Common-wealth hath strengthened it self For of every Politick Society that being true which Aristotle saith namely That the scope thereof is not simply to live nor the duty so much to provide for the life as for means of living well And that even as the soul is the worthier part of man so humane Societies are much more to care for that which tendeth properly to the souls estate then for such temporal things which the life hath need of Other proof there needeth none to shew that as by all men the Kingdom of God is to be sought first for so in all Common-wealths things spiritual ought above temporal be sought for and of things spiritual the chiefest is Religion For this cause persons and things imployed peculiarly about the affairs of Religion are by an excellency termed Spiritual The Heathens themselves had their spiritual Laws and Causes and Affairs always severed from their temporal neither did this make two Independent estates among them God by revealing true Religion sioth make them that receive it his Church Unto the Iews he so revealed the truth of Religion that he gave them in special Considerations Laws not only for the administration of things spiritual but also temporal The Lord himself appointing both the one and the other in that Common-wealth did not thereby distract it into several independent Communities but institute several Functions of one and the self-same Communitie Some Reasons therefore must there be alledged why it should be otherwise in the Church of Christ. I shall not need to spend any great store of words in answering that which is brought out of the Holy Scripture to shew that Secular and Ecclesiastical affairs and offices are distinguished neither that which hath been borrowed from antiquity using by phrase of speech to oppose the Common-weal to the Church of Christ neither yet their Reasons which are wont to be brought forth as witnesses that the Church and Common-weal were always distinct for whether a Church or Common-weal do differ in not the question we strive for but our controversie is concerning the kind of distinction whereby they are severed the one from the other whether as under heathen Kings of the Church did deal with her own affairs within her self without depending
Church-Governours to their rooms of Prelacy Fifthly judicial authority higher then others are capable of And sixthly exemption from being punishable with such kind of Censures as the platform of Reformation doth teach that they ought to be subject unto What the Power of Dominion is VVIthout order there is no living in publick Society because the want thereof is the mother of confusion whereupon division of necessity followeth and out of division destruction The Apostle therefore giving instruction to publike Societies requireth that all things be orderly done Order can have no place in things except it be settled amongst the persons that shall by office be conversant about them And if things and persons be ordered this doth imply that they are distinguished by degrees For order is a gradual disposition The whole world consisting of parts so many so different is by this only thing upheld he which framed them hath set them in order The very Deity it self both keepeth and requireth for ever this to be kept as a Law that wheresoever there is a coagmentation of many the lowest be knit unto the highest by that which being interjacent may cause each to cleave to the other and so all to continue one This order of things and persons in publike Societies is the work of Policie and the proper instrument thereof in every degree is power power being that hability which we have of our selves or receive from others for performance of any action If the action which we have to perform be conversant about matters of meer Religion the power of performing it is then spiritual And if that power be such as hath not any other to over-rule it we term it Dominion or Power Supream so far as the bounds thereof extend When therefore Christian Kings are said to have Spiritual Dominion or Supream Power in Ecclesiastical affairs and causes the meaning is that within their own Precincts and Territories they have an authority and power to command even in matters of Christian Religion and that there is no higher nor greater that can in those cases overcommand them where they are placed to raign as Kings But withal we must likewise note that their power is termed supremacy as being the highest not simply without exception of any thing For what man is so brain-sick as not to except in such speeches God himself the King of all Dominion Who doubteth but that the King who receiveth it must hold it of and order the Law according to that old axiom Altribuat Rex legi quod lex attribuit es potestatem And again Rex non debet esse sub homine sed sub Deo lege Thirdly whereas it is altogether without reason That Kings are judged to have by vertue of their Dominion although greater power then any yet not than all the state of those Societies conjoyned wherein such Soveraign rule is given them there is not any thing hereunto to the contrary by us affirmed no not when we grant supream Authority unto Kings because Supremacy is not otherwise intended or meant to exclude partly sorraign powers and partly the power which belongeth in several unto others contained as parts in that politick body over which those Kings have Supremacy Where the King hath power of Dominion or Supream power there no forrain State or Potentate no State or Potentate Domestical whether it consisteth of one or many can possibly have in the same affairs and causes Authority higher than the King Power of Spiritual Dominion therefore is in causes Ecclesiastical that ruling Authority which neither any forraign State not yet any part of that politick body at home wherein the same is established can lawfully over-rule It hath been declared already in general how the best established dominion is where the Law doth most rule the King the true effect whereof particularly is found as well in Ecclesiastical as Civil affairs In these the King through his Supream Power may do sundry great things himself both appertaining to Peace and War both at home and by command and by commerce with States abroad because the Law doth so much permit Sometimes on the other side The King alone hath no right to do without consent of his Lords and Commons in Parliament The King himself cannot change the nature of Pleas nor Courts no not so much as restore blood because the Law is a hath unto him the positive Laws of the Realm have a priviledg therein and restrain the Kings power which positive Laws whether by custom or otherwise established without repugnancy to the Laws of God and nature ought not less to be in force even in supernatural affairs of the Church whether in regard of Ecclesiastical Laws we willingly embrace that of Ambrose Imperator bonus intrae Ecclesiam non supra Ecclesiam est Kings have Dominion to exercise in Ecclesiastical causes but according to the Laws of the Church whether it be therefore the nature of Courts or the form of Pleas or the kind of Governours or the order of proceeding in whatsoever business for the received Laws an Lib 〈…〉 o the Church the King hath Supream Authority and power but against them never What such positive Laws hath appointed to be done by others than the King or by others with the King and in what form they have appointed the doing of it the same of necessity must be kept neither is the Kings sole Authority to alter it yet as it were a thing unreasonable if in civil affairs the King albeit the whole universal body did joyn with him should do any thing by their absolute power for the ordering of their state at home in prejudice of those ancient Laws of Nations which are of force throughout all the World because the necessary commerce of Kingdoms dependeth on them So in principal matters belonging to Christian Religion a thing very scandalous and offensive it must needs be thought if either Kings or Laws should dispose of the Law of God without any respect had unto that which of old hath been reverently thought of throughout the World and wherein there is no Law of God which forceth us to swerve from the ways wherein so many and holy Ages have gone Wherefore not without good consideration the very Law it self hath provided That Iudges Ecclesiastical appointed under the Kings Commission shall not adjudg for heresie anything but that which heretofore hathbeen adjudged by the Authority of the Cononical Scriptures or by the first four general Counbels or lysome other general Council wherein the same hath been declared heresie by the express words of the said Canonical Scriptures or such at hereafter shall be determined to be heresie by the high Court of Parliament of this Realm with the assent of the Clergy in the Convocation An. 1. Reg. Eliz. By which words of the Law Who doth not plainly see how that in one branch of proceeding by vertue of the Kings supream authority the credit which those four first general Councels have throughout
all Churches and evermore had was judged by the making of the aforesaid Act a just cause wherefore they should be mentioned in that case as a requisite part of that rule wherewith Dominion was to be limited But of this we shall further consider when we come unto that which Soveraign Power may do in making Ecclesiastical Laws Unto which Supream Power in Kings two kinds of adversaries there are which have opposed themselvs one sort defending That Supream power in causes Ecclesiastical throughout the world appertaineth of Divine Right to the Bishop of Rome Another sort That the said power belongeth in every national Church unto the Clergy thereof assembled We which defend as well against the one as against the other That Kings within their own Precincts may have it must shew by what right it must come unto them First unto me it seemeth almost out of doubt controversie that every independent multitude before any certain form of Regiment established hath under God Supream Authority full Dominion over it self even as a man not tyed with the band of subjection as yet unto any other hath over himself the like power God creating mankind did endue it naturally with power to guide it self in what kind of Society soever he should chuse to live A man which is born Lord of himself may be made an others servant And that power which naturally whole societies have may be derived unto many few or one under whom the rest shall then live in subjection Some multitudes are brought into subjection by force as they who being subdued are fain to submit their necks unto what yoak it pleaseth their Conquerors to lay upon them which Conquerors by just and lawful Wars do hold their power over such multitudes as a thing descending unto them Divine Providence it self so disposing For it is God who giveth victory in the day of War and unto whom Dominion in this sort is derived the same they enjoy according to the Law of Nations which Law authorizeth Conquerours to reign as absolute Lords over them whom they vanquish Sometimes it pleaseth God himself by special appointment to chuse out and nominate such as to whom Dominion shall be given which thing he did often in the Common-wealth of Israel They which in this sort receive power immediately from God have it by meer Divine Right they by humane on whom the same is bestowed according to mens discretion when they are left freely by God to make choice of their own Governours By which of these means soever it happen that Kings or Governors be advanced unto their Estates we must acknowledg both their lawful choice to be approved of God and themselves to be Gods Lievtenants and cofess their Power which they have to be his As for Supream Power in Ecclesiastical affairs the Word of God doth no where appoint that all Kings should have it neither that any should not have it for which cause it seemeth to stand altogether by humane Right that unto Christian Kings there is such Dominion given Again on whom the same is bestowed at mens discretions they likewise do hold it by Divine Right If God in his revealed Word hath appointed such Power to be although himself extraordinarily bestow it not but leave the appointment of persons to men yea albeit God do neither appoint nor assign the person nevertheless when men have assigned and established both Who doth doubt but that sundry duties and affairs depending thereupon are prescribed by the Word of God and consequently by that very right to be exacted For example sake the power which Romane Emperors had over foreign Provinces was not a thing which the Law of God did ever Institute Neither was Tiberius Caesar by especial Commission from Heaven therewith invested and yet paiment of Tribute unto Caesar being now made Emperor is the plain Law of Jesus Christ unto Kings by humane Right Honor by very Divine Right is due mans Ordinances are many times proposed as grounds in the Statutes of God And therefore of what kind soever the means be whereby Governors are lawfully advanced to their States as we by the Laws of God stand bound meekly to acknowledg them for Gods Lieutenants and to confess their Power his So by the same Law they are both authorized and required to use that Power as far as it may be in any State available to his Honor. The Law appointeth no man to be a husband but if a man hath betaken himself unto that condition it giveth him power Authority over his own Wife That the Christian world should be ordered by the Kingly Regiment the Law of God doth not any where command and yet the Law of God doth give them which once are exalted unto that place of Estate right to exact at the hands of their Subjects general obedience in whatsoever affairs their power may serve to command and God doth ratifie works of that Soveraign Authority which Kings have received by men This is therefore the right whereby Kings do hold their power but yet in what sort the same doth rest and abide in them it somewhat behoveth further to search where that we be not enforced to make overlarge discourses about the different conditions of Soveraign or Supream Power that which we speak of Kings shall be in respect of the State and according to the nature of this Kingdom where the people are in no subjection but such as willingly themselves have condescended unto for their own most behoo● and security In Kingdoms therefore of this quality the highest Governor hath indeed universall Dominion but with dependency upon that whole entire body over the several parts whereof he hath Dominion so that it standeth for an Axiom in this case The King is Major singulis universis minor The Kings dependency we do not construe as some have done who are of opinion that no mans birth can make him a King but every particular person advanced to such Authority hath at his entrance into his Raign the same bestowed on him as an estate in condition by the voluntary deed of the people in whom it doth lie to put by any one and to preferr some other before him better liked of or judged fitter for the place and that the party so rejected hath no injury done unto him no although the same be done in a place where the Crown doth go 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by succession and to a person which is capital and hath apparently if blood be respected the nearest right They plainly affirm in all well appointed Kingdoms the custom evermore hath been and is that children succeed not their Parents till the people after a sort have created them anew neither that that they grow to their Fathers as natural and proper Heirs but are then to be reckoned for Kings when at the hands of such as represent the Kings Majesty they have by a Scepter and a Diadem received as it were the investure of Kingly power Their
in dealing is tyed unto the soundest perfectest and most indifferent Rule which Rule is the Law I mean not only the Law of Nature and of God but the National Law consonant thereunto Happier that people whose Law is their King in the greatest things then that whose King is himself their Law where the King doth guide the State and the Law the King that Common-wealth is like an Harp or Melodious Instrument the strings whereof are turned and handled all by one hand following as Laws the Rules and Canons of Musical Science Most divinely therefore Archytas maketh unto publike felicity these four steps and degrees every of which doth spring from the former as from another cause 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The King ruling by Law the Magistrate following the Subject free and the whole Society happy Adding on the contrary side that where this order is not it cometh by transgression thereof to pass that a King groweth a Tyrant he that ruleth under him abhorreth to be guided by him or commanded the people subject unto both have freedome under neither and the whole Community is wretched In which respect I cannot chuse but commend highly their wisdom by whom the Foundations of the Common-wealth hath been laid wherein though no manner of Person or cause be unsubject unto the Kings Power yet so is the Power of the King over all and in all limited that unto all his proceedings the Law it self is a rule The Axioms of our Regal Government are these Lex facit regem The Kings Grant of any favour made contrary to the Law is void Rex nibil potest nisi quod jure potest Our Kings therefore when they are to take possession of the Crown they are called unto have it pointed our before their eyes even by the very Solemnities and Rites of their Inauguration to what affairs by the same Law their Supream Power and Authority reacheth crowned we see they are enthronized and annointed the Crown a Sign of a Military Dominion the Throne of Sedentary or Judicial the Oyl of Religious and Sacred Power It is not on any side denied that Kings may have Authority in Secular affairs The Question then is What power they may lawfully have and exercise in causes of God A Prince or Magistrate or a Community saith Doctor Stapleton may have power to lay corporal punishment on them which are teachers of perverse things power to make Laws for the Peace of the Church Power to proclaim to defend and even by revenge to preserve dogmata the very Articles of Religion themselves from violation Others in affection no less devoted unto the Papacy do likewise yield that the Civil Magistrate may by his Edicts and Laws keep all Ecclesiastical Persons within the bounds of their duties and constrain them to observe the Canons of the Church to follow the rule of ancient Discipline That if Ioash was commended for his care and provision concerning so small a part of Religion as the Church-treasure it must needs be both unto Christian Kings themselves greater honour and to Christianity a larger benefit when the custody of Religion and the worship of God in general is their charge It therefore all these things mentioned be most properly the affairs of Gods Ecclesiastical causes if the actions specified be works of power and if that power be such as Kings may use of themselves without the fear of any other power superior in the same thing it followeth necessarily that Kings may have supream power not only in Civil but also in Ecclesiastical affairs and consequently that they may withstand what Bishop or Pope soever shall under the pretended claim of higher Spiritual Authority oppose themselves against their proceedings But they which have made us the former grant will never hereunto condescend what they yield that Princes may do it is with secret exception always understood If the Bishop of Rome give leave if he enterpose no prohibition wherefore somewhat it is in shew in truth nothing which they grant Our own Reformes do the very like when they make their discourse in general concerning the Authority which Magistrates may have a man would think them to be far from withdrawing any jot of that which with reason may be thought due The Prince and Civil Magistrate saith one of them hath to see the Laws of God touching his Worship and touching all Matters and all Orders of the Church to be executed and duly observed and to see every Ecclesiastical Person do that office whereunto he is appointed and to punish those which fail in their office accordingly Another acknowledgeth That the Magistrate may lawfully uphold all truth by his Sword punish all persons enforce all to their duties towards God and men maintain by his Laws every point of Gods Word punish all vice in all men see into all causes visit the Ecclesiastical Estate and correct the abuses thereof Finally to look to his Subjects that under him they may lead their lives in all godliness and honesty● A third more frankly prosesseth That in case their Church Discipline were established so little it shortneth the Arms of Soveraign Dominion in causes Ecclesiastical that Her Gracious Majesty for any thing they teach or hold to the contrary may no less then now remain still over all persons in all things Supream Governess even with that full and Royal Authority Superiority and Preheminence Supremacy and Prerogative which the Laws already established do give her and her Majesties Injunctions and the Articles of the Convocation house and other writings Apologetical of her Royal Authority and Supream Dignity do declare and explain Possidonius was wont to say of the Epicure That he thought there were no Gods but that those things which he spake concerning the Gods were only given out for fear of growing adious amongst men and therefore that in words he left gods remaining but in very deed overthrew them in so much as he gave them no kind of Action After the very self same manner when we come unto those particular effects Prerogatives of Dominion which the Laws of this Land do grant unto the Kings thereof it will appear how these men notwithstanding their large and liberal Speeches abate such parcels out of the afore alleadged grant and flourishing shew that a man comparing the one with the other may half stand in doubt lest their Opinion in very truth be against that Authority which by their Speeches they seem mightily to uphold partly for the avoiding of publike obloquie envie and hatred partly to the intent they may both in the cad by the establishment of their Discipline extinguish the force of Supream Power which Princes have and yet in the mean while by giving forth these smooth Discourses obtain that their savourers may have somewhat to alleadge for them by way of Apologie and that such words only sound towards all kind of fulness of Power But for my self I had rather construe such their contradictions in the better
part and impute their general acknowledgment of the lawfullness of Kingly Power unto the force of truth presenting it self before them sometimes above their particular contrarieties oppositions denyals unto that errour which having so fully possest their minds casteth things inconvenient upon them of which things in their due place Touching that which is now in hand weare on all sides fully agreed First that there is not any restraint or limitation of matter for regal Authority and Power to be conversant in but of Religion onely and of whatsoever cause thereunto appertaineth Kings may lawfully have change they lawfully may therein exercise Dominion and use the temporal Sword Secondly that some kind of actions conversant about such affairs are denyed unto Kings As namely Actions of Power and Order and of Spiritual Jurisdiction which hath with it inseparably joyned Power to Administer the Word and Sacraments power to Ordain to Judge as an Ordinary to bind and loose to Excommunicate and such like Thirdly that even in those very actions which are proper unto Dominion there must be some certain rule whereunto Kings in all their proceedings ought to be strictly tyed which rule for proceeding in Ecclesiasticall affairs and causes by Regal Power hath not hitherto been agreed upon with such uniform consent and certainty as might be wished The different sentences of men herein I will now go about to examine but it shall be enough to propose what Rule doth seem in this case most reasonable The case of deriving Supream Power from a whole intire multitude into some special part thereof as partly the necessity of expedition in publick affairs partly the inconvenience of confusion and trouble where a multitude of Equals dealeth and partly the dissipation which must needs ensue in companies where every man wholly seeketh his own particular as we all would do even with other mens hurts and haply the very overthrow of themselves in the end also if for the procurement of the common good of all men by keeping every several man is order some were not invested with Authority over all and encouraged with Prerogative-Honour to sustain the weighty burthen of that charge The good which is proper unto each man belongeth to the common good of all as part to the whole perfection but these two are things different for men by that which is proper are severed united they are by that which is common Wherefore besides that which moveth each man in particular to seek his own private good there must be of necessity in all publick Societies also a general mover directing unto common good and framing every mans particular unto it The end whereunto all Government was instituted was Bonum publicum the Universal or Common good Our question is of Dominion for that end and purpose derived into one such as all in one publick State have agreed that the Supream charge of all things should be committed unto one They I say considering what inconveniency may grow where States are subject unto sundry Supream Authorities have for fear of these inconveniencies withdrawn from liking to establish many 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the multitude of Supream Commanders is troublesome No Nan saith our Saviour can serve two Masters surely two supream Masters would make any ones service somewhat uneasie in such cases as might fall out Suppose that to morrow the Power which hath Dominion in Justice require thee at the Court that which in War at the Field that which in Religion at the Temple all have equal Authority over thee and impossible it is that then in such case thou shouldst be obedient unto all By chusing any one whom thou wilt obey certain thou art for thy disobedience to incur the displeasure of the other two But there is nothing for which some comparable reason or other may not be found are we able to shew any commendable State of Government which by experience and practice hath felt the benefit of being in all causes subject unto the Supream Authority of one Against the policy of the Israelites I hope there will no man except where Moses deriving so great a part of his burthen in Government unto others did notwithstanding retain to himself Universal Supremacy Iehosaphat appointing one to be chosen in the affairs of God and another in the Kings affair's did this as having Dominion over them in both If therefore from approbation of Heaven the Kings of Gods own chosen people had in the affairs of Jewish Religion Supream Power why not Christian Kings the like also in Christian Religion First unless men will answer as some have done That the Jews Religion was of far less perfection and dignity then ours our being that truth whereof theirs was but a shadowish prefigurative resemblance Secondly That all parts of their Religion their Laws their Sacrifices and their Rights and Ceremonies being fully set down to their hands and needing no more but only to be put in execution the Kings might well have highest Authority to see that done whereas with us there are a number of Mysteries even in Belief which were not so generally for them as for us necessary to be with sound express acknowledgement understood A number of things belonging to external Government and our manner of serving God not set down by particular Ordinances and delivered to us in writing for which cause the State of the Church doth now require that the Spiritual Authority of Ecclesiastical persons be large absolute and not subordinate to Regal power Thirdly That whereas God armeth Religion Iewish as Christian with the Temporal sword But of Spiritual punishment the one with power to imprison to scourge to put to death The other with bare authority to Censure and excommunicate There is no reason that the Church which hath no visible sword should in Regiment be subject unto any other power then only unto theirs which have authority to bind and loose Fourthly That albeit whilst the Church was restrained unto one people it seemed not incommodious to grant their King the general Chiefty of Power yet now the Church having spread it self over all Nations great inconveniences must therby grow if every Christian King in his several Territory shall have the like power Of all these differences there is not one which doth prove it a thing repugnant to the Law either of God or of Nature that all Supremacy of external Power be in Christian Kingdoms granted unto Kings thereof for preservation of quietness unity order and peace in such manner as hath been shewed Of the Title of Headship FOr the Title or State it self although the Laws of this Land have annexed it to the Crown yet so far● we should not strive if so be men were nice and scrupulous in this behalf only because they do wish that for reverence to Christ Jesus the Civil Magistrate did rather use some other form of speech wherewith to express that Soveraign Authority which he lawfully hath overall both
If there be of the antient Fathers which say That thee is but one Head of the Church Christ and that the Minister that baptizeth canno●●e the Head of him that is baptized because Christ is the Head of the whole Church and tat Paul could not be Head of the Church which he planted because Christ is the Head of the whole Body They understand the name of Head in such sort as we grant that it is o● applicable to any other no not in relation to the least part of the whole Churh he which baptizeth baptizeth into Christ he which converteth converteth into Christ he which ruleth ruleth for Christ. The whole Church can have but one to be Head as Lord and Owner of all wherefore if Christ be Head in that kinde it followeth that no other besides can be so either to the whole or to any part To call and dissolve all solemn Assemblies about the Publick Affairs of the Church AMongst sundry Prerogatives of Simons Dominion over the Jews there is reckoned as not the least That no man might gather any great Assembly in the Land without him For so the manner of Jewish Regiment had alwayes been that whether the cause for which men assembled themselves in peaceable good and orderly sort were Ecclesiastical or Civil Supream Authority should assemble them David gathered all Israel together unto Ierusalem when the Ark was to be removed he assembled the Sons of Aaron and the Levites Solomon did the like at such time as the Temple was to be dedicated when the Church was to be reformed Asa in his time did the same The same upon like occasions was done afterwards by Ioash Hezekiat Iosiah and others The Consuls of Rome Polybius affirmeth to have had a kinde of Regal Authority in that they might call together the Senate and People whensoever it pleased them Seeing therefore the Affairs of the Church and Christian Religion are Publick Affairs for the ordering whereof more Solemn Assemblies sometimes are of as great importance and use as they are for Secular Affairs It seemeth no less an act of Supream Authority to call the one then the other Wherefore the Clergy in such wise gathered together is an Ecclesiastical Senate which with us as in former times the chiefest Prelate at his discretion did use to assemble so that afterwards in such considerations as have been before specified it seemed more meet to annex the said Prerogative to the Crown The plot of reformed Discipline not liking thereof so well taketh order that every former Assembly before it breaketh up should it self appoint both the time and place of their After-meeting again But because I finde not any thing on that side particularly alledged against us herein a longer disputation about so plain a cause shall not need The antient Imperial Law forbiddeth such Assemblies as the Emperor's Authority did not cause to be made Before Emperors became Christians the Church had never any General Synod their greatest Meeting consisting of Bishops and others the gravest in each Province As for the Civil Governor's Authority it suffered them only as things not regarded or not accounted of at such times as it did suffer them So that what right a Christian King hath as touching Assemblies of that kinde we are not able to judge till we come to later times when Religion had won the hearts of the highest Powers Constantine as Pighius doth grant was not only the first that ever did call any General Councel together but even the first that devised the calling of them for consultation about the businesses of God After he had once given the example his Successors a long time followed the same in so much that St. Hierom to disprove the Authority of a Synod which was pretended to be general useth this as a forcible Argument Dic quis Imperator have Synodum jusserit convocari Their Answer hereunto is no Answer which say That the Emperors did not this without conference had with the Bishops for to our purpose it is enough if the Clergy alone did it not otherwise than by the leave and appointment of their Soveraign Lords and Kings Whereas therefore it is on the contrary side alledged that Valentinian the elder being requested by Catholick Bishops to grant that there might be a Synod for the ordering of matters called in question by the Arians answered that he being one of the Laity might not meddle with such matters and thereupon willed that the Priests and Bishops to whom the care of those things belongeth should meet and consult together by themselves where they thought good We must with the Emperor's speech weigh the occasion and drift thereof Valentinian and Valens the one a Catholick the other an Arian were Emperors together Valens the Governour of the East and Valentinian of the West Empire Valentinian therefore taking his Journey from the East unto the West parts and passing for that intent through Thracia there the Bishops which held the soundnesse of Christian Belief because they knew that Valent was their professed Enemy and therefore if the other was once departed out of those quarters the Catholick Cause was like to finde very small favour moved presently Valentinian about a Councel to be assembled under the countenance of his Authority who by likelihood considering what inconvenience might grow thereby inasmuch as it could not be but a means to incense Valens the more against them refused himself to be Author of or present at any such Assembly and of this his denyal gave them a colourable reason to wit that he was although an Emperour yet a secular Person and therefore not able in matters of so great obscurity to fit as a competent Judge But if they which were Bishops and learned men did think good to consule thereof together they might Whereupon when they could not obtain that which they most desired yet that which he granted unto them they took and forthwith had a Councel Valentinian went on towards Rome they remaining in consultation till Valens which accompanied him returned back so that now there was no remedy but either to incurr a manifest contempt or else at the hands of Valens himself to seek approbation of that they had done To him therefore they became Suitors his Answer was short Either Arianism or Exile which they would whereupon their Banishment ensued Let reasonable men now therefore be Judges how much this example of Valentinian doth make against the Authority which we say that Soveraign Rulers may lawfully have as concerning Synods and Meetings Ecclesiastical Of the Authority of making Laws THere are which wonder that we should account any Statute a Law which the High Court of Parliament in England hath established about the matters of Church-Regiment the Prince and Court of Parliament having as they suppose no more lawful means to give order to the Church and Clergy in those things than they have to make Laws for the Hierarchies of Angels in Heaven
hands of our Lord Jesus Christ with all reverence not disdaining to be taught and admonished by them nor with-holding from them as much as the least part of their due and decent honour All which for any thing that hath been alleadged may stand very well without resignation of Supremacy of Power in making Laws even Laws concerning the most Spiritual Affairs of the Church which Laws being made amongst us are not by any of us so taken or interpreted as if they did receive their force from power which the Prince doth communicate unto the Parliament or unto any other Court under him but from Power which the whole Body of the Realm being naturally possest with hath by free and deliberate assent derived unto him that ruleth over them so farr forth as hath been declared so that our Laws made concerning Religion do take originally their essence from the power of the whole Realm and Church of England than which nothing can be more consonant unto the law of Nature and the will of our Lord Jesus Christ. To let these go and return to our own Men Ecclesiastical Governours they say may not meddle with making of Civil Laws and of Laws for the Common-wealth nor the Civil Magistrate high or low with making of Orders for the Church It seemeth unto me very strange that these men which are in no cause more vehement and fierce than where they plead that Ecclesiastical Persons may not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 be Lords should hold that the power of making Ecclesiastical Laws which thing of all other is most proper unto Dominion belongeth to none but Ecclesiastical Persons onely Their oversight groweth herein for want of exact observation what it is to make a Law Tully speaking of the Law of Nature saith That thereof God himself was Inventor Disceptator Lator the Deviser the Discusser and Deliverer wherein he plainly alludeth unto the chiefest parts which then did appertain to his Publick action For when Laws were made the first thing was to have them devised thesecond to sift them with as much exactness of Judgement as any way might be used the next by solemn voyce of Soveraign Authority to pass them and give them the force of Laws It cannot in any reason seem otherwise than most fit that unto Ecclesiastical Persons the care of devising Ecclesiastical Laws be committed even as the care of Civil unto them which are in those Affairs most skilful This taketh not away from Ecclesiastical Persons all right of giving voyce with others when Civil Laws are proposed for Regiment of the Common-wealth whereof themselves though now the World would have them annihilated are notwithstanding as yet a part much less doth it cut off that part of the power of Princes whereby as they claim so we know no reasonable cause wherefore we may not grant them without offence to Almighty God so much Authority in making all manner of Laws within their own Dominions that neither Civil nor Ecclesiastical do pass without their Royal assent In devising and discussing of Laws Wisdom especially is required but that which establisheth them and maketh them is Power even Power of Dominion the Chiefty whereof amongst us resteth in the Person of the King Is there any Law of Christs which forbiddeth Kings and Rulers of the Earth to have such Soveraign and Supream Power in the making of Laws either Civil or Ecclesiastical If there be our controversie hathan end Christ in his Church hath not appointed any such Law concerning Temporal Power as God did of old unto the Common-wealth of Israel but leaving that to be at the World 's free choice his chiefest care is that the Spiritual Law of the Gospel might be published farr and wide They that received the Law of Christ were for a long time People scattered in sundry Kingdoms Christianity not exempting them from the Laws which they had been subject unto saving only in such cases as those Laws did injoyn that which the Religion of Christ did forbid Hereupon grew their manifold Persecutions throughout all places where they lived as oft as it thus came to pass there was no possibility that the Emperours and Kings under whom they lived should meddle any whit at all with making Laws for the Church From Christ therefore having received Power who doubteth but as they did so they might binde them to such Orders as seemed fittest for the maintenance of their Religion without the leave of high or low in the Common-wealth for as much as in Religion it was divided utterly from them and they from it But when the mightiest began to like of the Christian Faith by their means whole Free-States and Kingdoms became obedient unto Christ. Now the question is Whether Kings by embracing Christianity do thereby receive any such Law as taketh from them the weightiest part of that Soveraignty which they had even when they were Heathens Whether being Infidels they might do more in causes of Religion than now they can by the Laws of God being true Believers For whereas in Regal States the King or Supream Head of the Common-wealth had before Christianity a supream stroak in making of Laws for Religion he must by embracing Christian Religion utterly deprive himself thereof and in such causes become subject unto his Subjects having even within his own Dominions them whose commandment he must obey unlesse his Power be placed in the Head of some foreign Spiritual Potentate so that either a foreign or domestical Commander upon Earth he must admit more now than before he had and that in the chiefest things whereupon Common-wealths do stand But apparent it is unto all men which are not Strangers unto the Doctrine of Jesus Christ that no State of the World receiving Christianity is by any Law therein contained bound to resign the Power which they lawfully held before but over what Persons and in what causes soever the same hath been in force it may so remain and continue still That which as Kings they might do in matters of Religion and did in matter of false Religion being Idolatrous and Superstitious Kings the same they are now even in every respect fully authorized to do in all affairs pertinent to the state of true Christian Religion And concerning the Supream Power of making Laws for all Persons in all causes to be guided by it is not to be let passe that the head Enemies of this Headship are constrained to acknowledge the King endued even with this very Power so that he may and ought to exercise the same taking order for the Church and her affairs of what nature of kinde soever in case of necessity as when there is no lawful Ministry which they interpret then to be and this surely is a point very remarkable wheresoever the Ministry is wicked A wicked Ministry is no lawful Ministry and in such sort no lawful Ministry that what doth belong unto them as Ministers by right of their calling the same to be annihilated in
respect of their bad qualities their wickedness in it self a deprivation of right to deal in the affairs of the Church and a warrant for others to deal in them which are held to be of a clean other Society the Members whereof have been before so peremptorily for ever excluded from power of dealing for ever with affairs of the Church They which once have learned throughly this Lesson will quickly be capable perhaps of another equivalent unto it For the wickedness of the Ministery transfers their right unto the King In case the King be as wicked as they to whom then shall the right descend There is no remedy all must come by devolution at length even as the Family of Brown will have it unto the godly among the people for confusion unto the wise and the great by the poor and the simple Some Kniper doling with his retinue must take this work of the Lord in hand and the making of Church-Laws and Orders must prove to be their right in the end If not for love of the truth yet for shame of grosse absurdities let these contentions and stifling fancies be abandoned The cause which moved them for a time to hold a wicked Ministery no lawful Ministry and in this defect of a lawful Ministery authorized Kings to make Laws and Orders for the Affairs of the Church till it were well established is surely this First They see that whereas the continual dealing of the Kings of Israel in the Affairs of the Church doth make now very strong against them the burthen whereof they shall in time well enough shake off if it may be obtained that it is indeed lawful for Kings to follow these holy examples howbeit no longer than during the case of necessity while the wickednesse and in respect thereof the unlawfulness of the Ministery doth continue Secondly They perceive right well that unlesse they should yield Authority unto Kings in case of such supposed necessity the Discipline they urge were clean excluded as long as the Clergy of England doth thereunto remain opposite To open therefore a door for her entrance there is no remedy but the Tenet must be this That now when the Ministery of England is universally wicked and in that respect hath lost all Authority and is become no lawful Ministery no such Ministery as hath the right which otherwise should belong unto them if they were vertuous and godly as their Adversaries are in this necessity the King may do somewhat for the Church that which we do imply in the name of Headship he may both have and exercise till they be entered which will disburthen and ease him of it till they come the King is licensed to hold that Power which we call Headship But what afterwards In a Church ordered that which the Supream Magistrate hath to do is to see that the Laws of God touching his Worship and touching all matters and orders of the Church be executed and duly observed to see that every Ecclesiastical Person do that Office whereunto he is appointed to punish those that fail in their Office In a word that which Allain himself acknowledgeth unto the Earthly power which God hath given him it doth belong to defend the Laws of the Church to cause them to be executed and to punish Rebels and Transgressors of the same on all sides therfore it is confest that to the King belongeth power of maintaining the Laws made for Church-Regiment and of causing them to be observed but Principality of Power in making them which is the thing we attribute unto Kings this both the one sort and the other do withstand Touching the Kings supereminent authority in commanding and in judging of Causes Ecclesiastical First to explain therein our meaning It hath been taken as if we did hold that Kings may prescribe what themselves think good to be done in the service of God how the Word shall be taught how the Sacraments administred that Kings may personally sit in the Consistory where the Bishops do hearing and determining what Causes soever do appertain unto the Church That Kings and Queens in their own proper Persons are by Judicial Sentence to decide the Questions which do rise about matters of Faith and Christian Religion That Kings may excommunicate Finally That Kings may do whatsoever is incident unto the Office and Duty of an Ecclesiastical Judge Which opinion because we account as absurd as they who have fathered the same upon us we do them to wit that this is our meaning and no otherwise There is not within this Realm an Ecclesiastical Officer that may by the Authority of his own place command universally throughout the Kings Dominions but they of this People whom one may command are to anothers commandement unsubject Only the Kings Royal Power is of so large compass that no man commanded by him according to the order of Law can plead himself to be without the bounds and limits of that Authority Isay according to order of Law because that with us the highest have thereunto so tyed themselves that otherwise than so they take not upon them to command any And that Kings should be in such sort Supream Commanders over all men we hold it requisite as well for the ordering of Spiritual as Civil Affairs in as much as without universal Authority in this kinde they should not be able when need is to do as vertuous Kings have done Josiah parposing to renew the House of the Lord assembled the Priests and Levites and when they were together gave them their charge saying Go out unto the Cities of Judah and gather of Israel money to repair the House of the Lord from year to year and haste the things But the Levites hastned not Therefore the King commanded Jehoida the Chief-priest and said unto him Why hast thou not required of the Levites to bring in out of Judah and Jerusalem the Tax of Moses the Servant of the Lord and of the Congregation of Israel for the Tabernacle of the Testimony For wicked Athalia and her Children brake up the House of the Lord God and all the things that were dedicated for the House of the Lord did they bestow upon Balaam Therefore the King commanded and they made a Chest and set it at the Gate of the House of the Lord without and they made a Proclamation through Judah and Jerusalem to bring unto the Lord the Tax of Moses the Servant of the Lord laid upon Israel in the Wilderness Could either he have done this or after him Ezekias the like concerning the celebration of the Passeover but that all sorts of men in all things did owe unto these their Soveraign Rulers the same obedience which sometimes Iosuah had them by vow and promise bound unto Whosoever shall rebel against thy Commandments and will not obey thy words in all thou commandest him let him be put to death only be strong and of a good courage Furthermore Judgement Ecclesiastical we say is
necessary for decision of Controversies rising between man and man and for correction of faults committed in the Affairs of God unto the due execution whereof there are three things necessary Laws Judges and Supream Governours of Judgements What Courts there shall be and what causes shall belong unto each Court and what Judges shall determine of every cause and what Order in all Judgements shall be kept of these things the Laws have sufficiently disposed so that his duty who sitteth in any such Court is to judge not of but after the same Law Imprimis illud observare debet Iudex ne aliter judicet quam legibus constitutionibus aut moribus proditum est ut Imperator Iustinianaus which Laws for we mean the positive Laws of our Realm concerning Ecclesiastical Affairs if they otherwise dispose of any such thing than according to the Law of Reason and of God we must both acknowledge them to be amiss and endeavour to have them reformed But touching that point what may be objected shall after appear Our Judges in Causes Ecclesiastical are either Ordinary or Commissionary Ordinary those whom we term Ordinaries and such by the Laws of this Land are none but Prelates onely whose Power to do that which they do is in themselves and belonging to the nature of their Ecclesiastical calling In Spiritual Causes a Lay-Person may be no Ordinary a Commissionary Judge there is no lett but that he may be and that our Laws do evermore referr the ordinary Judgement of Spiritual Causes unto Spiritual Persons such as are termed Ordinaries no man which knoweth any thing of the Practice of this Realm can easily be ignorant Now besides them which are Authorized to judge in several Territories there is required an universal Power which reacheth over all imparting Supream Authority of Government over all Courts all Judges all Causes the operation of which Power is as well to strengthen maintain and uphold particular Jurisdictions which haply might else be of small effect as also to remedy that which they are not able to help and to redress that wherein they at any time do otherwise than they ought to do This Power being sometime in the Bishop of Rome who by sinister Practises had drawn it into his hands was for just considerations by Publick consent annexed unto the Kings Royal Seat and Crown from thence the Authors of Reformation would translate it into their National Assemblies or Synods which Synods are the onely helps which they think lawful to use against such Evils in the Church as particular Jurisdictions are not sufficient to redress In which Cause our Laws have provided that the Kings supereminent Authority and Power shall serve As namely when the whole Ecclesiastical State or the Principal Persons therein do need Visitation and Reformation when in any part of the Church Errours Schismes Herusies Abuses Offences Contempts Enormities are grown which men in their several Jurisdictions either do not or cannot help Whatsoever any Spiritual Authority and Power such as Legates from the See of Rome did sometimes exercise hath done or might heretofore have done for the remedies of those Evils in lawful sort that is to say without the violation of the Laws of God or Nature in the deed done as much in every degree our Laws have fully granted that the King for ever may do not onely be setting Ecclesiastical Synods on work that the thing may be their Act and the King their Motioner unto it for so much perhaps the Masters of the Reformation will grant but by Commissions few or many who having the Kings Letters Patents may in the vertue thereof execute the premises as Agents in the right not of their own peculiar and ordinary but of his supereminent Power When men are wronged by inferiour Judges or have any just cause to take exception against them their way for Redress is to make their Appeal and Appeal is a present delivery of him which maketh it out of the hands of their Power and Jurisdictions from whence it is made Pope Alexander having sometimes the King of England at advantage caused him amongst other things to agree that as many of his Subjects as would might have appeal to the Court of Rome And thus saith one that whereunto a mean Person at this day would scorn to submit himself so great a King was content to he subject to Notwithstanding even when the Pope saith he had so great Authority amongst Princes which were farr off the Romans he could not frame to obedience nor was able to obtain that himself might abide at Rome though promising not to meddle with other than Ecclesiastical Affairs So much are things that terrifie more feared by such as behold them aloof off than at hand Reformers I doubt not in some Causes will admit Appeals but Appeals made to their Synods even as the Church of Rome doth allow of them so they be made to the Bishop of Rome As for that kinde of Appeal which the English Laws do approve from the Judge of any certain particular Court unto the King as the onely Supream Governour on Earth who by his Delegates may give a final definitive Sentence from which no farther Appeal can be made Will their Plat-form allow of this Surely forasmuch as in that estate which they all dream of the whole Church must be divided into Parishes in which none can have greater or less Authority and Power than another again the King himself must be but a common Member in the Body of his own Parish and the causes of that onely Parish must be by the Officers thereof determinable In case the King had so much favour or preferment as to be made one of those Officers for otherwise by their positions he were not to meddle any more than the meanest amongst his Subjects with the Judgement of any Ecclesiastical Cause how is it possible they should allow of Appeals to be made from any other abroad to the King To receive Appeals from all other Judges belongeth to the highest in power of all and to be in power over All as touching Judgment in Ecclesiastical Causes this as they think belongeth onely to Synods Whereas therefore with us Kings do exercise over all Things Persons and Causes Supream Power both of voluntary and litigious Jurisdictions● so that according to the one they incite reform and command according to the other they judge universally doing both in farr other sort than such as have ordinary Spiritual power oppugned we are herein by some colourable shew of Argument as if to grant thus much to any Secular Person it were unreasonable For sith it is say they apparent out of the Chronicles that judgement in Church-matters pertaineth to God Seeing likewise it is evident out of the Apostles that the High-Priest is set over those matters in Gods behalf It must needs follow that the Principality or direction of the Iudgment of them is by Gods ordinance appertaining to the High-Priest and
them who use but that Power which Laws have given them unless men can shew that there is in those Laws some manifest iniquity or injustice Whereas therefore against the force Judicial and Imperial which Supream Authority hath it is alledged how Constantine termeth Church-Officers Over-seers of things within the Church himself of those without the Church how Augustine witnesseth that the Emperor not daring to judge of the Bishop's Cause committed it to the Bishops and was to crave pa●●●on of the Bishops for that by the Donatists importunity which made no end to appealing unto him he was being weary of them drawn to give sentence in a matter of theirs how Hilary beseecheth the Emperor Constance to provide that the Governors of his Provinces should not presume to take upon them the Judgement of Ecclesiastical Causes to whom onely Common-wealth matters belonged how Ambrose affirmeth that Palaces belong unto the Emperor Churches to the Minister That the Emperor hath the authority over the Common-walls of the City and not in holy things for which cause he never would yield to have the Causes of the Church debated in the Princes Consistories but excused himself to the Emperor Valentinian for that being convented to answer concerning Church-matters in a Civil Court he came not We may by these testimonies drawn from Antiquity if wellst to consider them discern how requisite it is that Authority should always follow received Laws in the manner of proceeding For inasmuch as there was at the first no certain Law determining what force the principal Civil Magistrates authority should be of how farr it should reach and what order it should observe but Christian Emperors from time to time did what themselves thought most reasonable in those affairs by this means it cometh to passe that they in their practise vary and are not uniform Vertuous Emperors such as Constantine the Great was made conscience to swerve unnecessarily from the custom which had been used in the Church even when it lived under Infidels Constantine of reverence to Bishops and their Spiritual Authority rather abstained from that which himself might lawfully do than was willing to claim a Power not fit or decent for him to exercise The Order which hath been before he ratifieth exhorting the Bishops to look to the Church and promising that he would do the Office of a Bishop over the Common-wealth which very Constantine notwithstanding did not thereby so renounce all Authority in judging of Special Causes but that sometime he took as St. Augustine witnesseth even personal cognition of them howbeit whether as purposing to give therein judicially any Sentence I stand in doubt for if the other of whom St. Augustine elsewhere speaketh did in such sort judge surely there was cause why he should excuse it as a thing not usually done Otherwise there is no lett but that any such great Person may hear those Causes to and fro debated and deliver in the end his own opinion of them declaring on which side himself doth judge that the truth is But this kinde of Sentence bindeth no side to stand thereunto it is a Sentence of private perswasion and not of solemn jurisdiction albeit a King or an Emperour pronounce it Again on the contrary part when Governours infected with Heresie were possessed of the Highest Power they thought they might use it as pleased themselves to further by all means that opinion which they desired should prevail they not respecting at all what was meet presumed to command and judge all men in all Causes without either care of orderly proceeding or regard to such Laws and Customs as the Church had been wont to observe So that the one sort feared to do even that which they might and that which the other ought not they boldly presumed upon the one sort of modesty excused themselves where they scarce needed the other though doing that which was inexcusable bare it out with main power not enduring to be told by any man how farr they roved beyond their bounds So great odds was between them whom before we mentioned and such as the younger Valentinian by whom St. Ambrose being commanded to yield up one of the Churches under him unto the Arrians whereas they which were sent on his Message alledged That the Emperour did but use his own right forasmuch as all things were in his power The Answer which the holy Bishop gave them was That the Church is the House of God and that those things that are Gods are not to be yielded up and disposed of it at the Emperors will and pleasure His Palaces he might grant to whomsoever he pleaseth but Gods own Habitation not so A cause why many times Emperours do more by their absolute Authority than could very well stand with reason was the over-great importunity of wicked Hereticks who being Enemies to Peace and Quietness cannot otherwise than by violent means be supported In this respect therefore we must needs think the state of our own Church much better settled than theirs was because our Lawes have with farr more certainty prescribed bounds unto each kinde of Power All decision of things doubtful and correction of things amiss are proceeded in by order of Law what Person soever he be unto whom the administration of Judgment belongeth It is neither permitted unto Prelates nor Prince to judge and determine at their own discretion but Law hath prescribed what both shall do What Power the King hath he hath it by Law the bounds and limits of it are known the intire Community giveth general order by Law how all things publickly are to be done and the King as the Head thereof the Highest in Authority over all causeth according to the same law every particular to be framed and ordered thereby The whole Body Politick maketh Laws which Laws gave Power unto the King and the King having bound himself to use according unto Law that power it so falleth out that the execution of the one is accomplished by the other in most religious and peaceable sort There is no cause given unto any to make supplication as Hilary did that Civil Governors to whom Common-wealth-matters only belong may not presume to take upon them the Judgement of Ecclesiastical causes If the cause be Spiritual Secular Courts do not meddle with it we need not excuse our selves with Ambrose but boldly and lawfully we may refuse to answer before any Civil Judge in a matter which is not Civil so that we do not mistake either the nature of the Cause or of the Court as we easily may do both without some better direction than can be by the rules of this new-found Discipline But of this most certain we are that our Laws do neither suffer a Spiritual Court to entertain those Causes which by the Law are Civil nor yet if the matter be indeed Spiritual a mere Civil Court to give Judgement of it Touching Supream Power therefore to command all men and in all manner
of causes of Judgement to be highest let thus much suffice as well for declaration of our own meaning as for defence of the truth therein The cause is not like when such Assemblies are gathered together by Suream Authority concerning other affairs of the Church and when they meet about the making of Ecclesiastical Laws or Statutes For in the one they are onely to advise in the other to decree The Persons which are of the one the King doth voluntarily assemble as being in respect of quality fit to consult withal them which are of the other he calleth by prescript of Law as having right to be thereunto called Finally the one are but themselves and their Sentence hath but the weight of their own Judgment the other represent the whole Clergy and their voyces are as much as if all did give personal verdict Now the question is Whether the Clergy alone so assembled ought to have the whole power of making Ecclesiastical Laws or else consent of the Laity may thereunto be made necessary and the King's assent so necessary that his sole denial may be of force to stay them from being Laws If they with whom we dispute were uniform strong and constant in that which they say we should not need to trouble our selves about their Persons to whom the power of making Laws for the Church belongs for they are sometime very vehement in contention that from the greatest thing unto the least about the Church all must needs be immediately from God And to this they apply the pattern of the antient Tabernacle which God delivered unto Moses and was therein so exact that there was not left as much as the least pin for the wit of man to devise in the framing of it To this they also apply that streight and severe charge which God soosten gave concerning his own Law Whatsoever I command you take heed ye do it Thou shalt put nothing thereto thou shalt take nothing from it Nothing whether it be great or small Yet sometimes bethinking themselves better they speak as acknowledging that it doth suffice to have received in such sort the principal things from God and that for other matters the Church had sufficient authority to make Laws whereupon they now have made it a question What Persons they are whose right it is to take order for the Churches affairs when the institution of any new thing therein is requisite Law may be requisite to be made either concerning things that are onely to be known and believed in or else touching that which is to be done by the Church of God The Law of Nature and the Law of God are sufficient for declaration in both what belongeth unto each man separately as his Soul is the Spouse of Christ yea so sufficient that they plainly and fully shew whatsoever God doth require by way of necessary introduction unto the state of everlasting bliss But as a man liveth joyned with others in common society and belongeth to the outward Politick Body of the Church albeit the same Law of Nature and Scripture have in this respect also made manifest the things that are of greatest necessity nevertheless by reason of new occasions still arising which the Church having care of Souls must take order for as need requireth hereby it cometh to pass that there is and ever will be so great use even of Human Laws and Ordinances deducted by way of discourse as a conclusion from the former Divine and Natural serving as Principals thereunto No man doubteth but that for matters of Action and Practice in the Affairs of God for manner in Divine Service for order in Ecclesiastical proceedings about the Regiment of the Church there may be oftentimes cause very urgent to have Laws made but the reason is not so plain wherefore Human laws should appoint men what to believe Wherefore in this we must note two things 1. That in matters of opinion the Law doth not make that to be truth which before was not as in matter of Action is causeth that to be a duty which was not before but manifesteth only and giveth men notice of that to be truth the contrary whereunto they ought not before to have believed 2. That opinions do cleave to the understanding and are in heat assented unto it is not in the power of any Human law to command them because to prescribe what men shall think belongeth only unto God Corde creditur ore fit confessio saith the Apostle As opinions are either fit or inconvenient to be professed so man's laws hath to determine of them It may for Publick unities sake require mens professed assent or prohibit their contradiction to special Articles wherein as there haply hath been Controversie what is true so the same were like to continue still not without grievous detriment unto a number of Souls except Law to remedy that evil should set down a certainty which no man afterwards is to gain-say Wherefore as in regard of Divine laws which the Church receiveth from God we may unto every man apply those words of wisdom in Solomon My Son keep thou thy Fathers Precepts Conserva Fili mi praecepta Patris tui even so concerning the Statutes and Ordinances which the Church it self makes we may add thereunto the words that follow Etut dimitt as legem Matris tuae And forsake thou not thy Mothers law It is a thing even undoubtedly natural that all free and Independent Societies should themselves make their own Laws and that this power should belong to the whole not to any certain part of a Politick body though haply some one part may have greater sway in that action than the rest which thing being generally fit and expedient in the making of all Laws we see no cause why to think otherwise in Laws concerning the service of God which in all well-order'd States and Common-wealths is the first thing that Law hath care to provide for When we speak of the right which naturally belongeth to a Common-wealth we speak of that which must needs belong to the Church of God For if the Common-wealth be Christian if the People which are of it do publickly embrace the true Religion this very thing doth make it the Church as hath been shewed So that unless the verity and purity of Religion do take from them which embrace it that power wherewith otherwise they are possessed look what authority as touching laws for Religion a Common-wealth hath simply it must of necessity being of the Christian Religion It will be therefore perhaps alledged that a part of the verity of Christian Religion is to hold the power of making Ecclesiastical Laws a thing appropriated unto the Clergy in their Synods and whatsoever is by their only voyces agreed upon it needeth no further approbation to give unto it the strength of a Law as may plainly appear by the Canons of that first most venerable Assembly where those things the Apostle and Iames had concluded
were afterwards published and imposed upon the Churches of the Gentiles abroad as Laws the Records thereof remaining still the Book of God for a testimony that the power of making Ecclesiastical Laws belongeth to the Successors of the Apostles the Bishops and Prelates of the Church of God To this we answer That the Councel of Ierusalem is no Argument for the power of the Clergy to make Laws For first there hath not been sithence any Councel of like authority to that in Ierusalem Secondly The cause why that was of such authority came by a special accident Thirdly The reason why other Councels being not like unto that in nature the Clergy in them should have no power to make Laws by themselves alone is in truth so forcible that except some Commandment of God to the contrary can be shewed it ought notwithstanding the foresaid example to prevail The Decrees of the Councel of Ierusalem were not as the Canons of other Ecclesiastical Assemblies Human but very Divine Ordinances for which cause the Churches were farr and wide commanded every where to see them kept no otherwise than if Christ himself had personally on Earth been the Author of them The cause why that Council was of so great Authority and credit above all others which have been sithence is expressed in those words of principal observation Unto the Holy Ghost and to us it hath seemed good which form of speech though other Councels have likewise used yet neither could they themselves mean nor may we so understand them as if both were in equal sort assisted with the power of the Holy Ghost but the latter had the favour of that general assistance and presence which Christ doth promise unto all his according to the quality of their several Estates and Callings the former the grace of special miraculous rare and extraordinary illumination in relation whereunto the Apostle comparing the Old Testament and the New together termeth the one a Testament of the Letter for that God delivered it written in stone the other a Testament of the Spirit because God imprinted it in the hearts and declared it by the tongues of his chosen Apostles through the power of the Holy Ghost feigning both their conceits and speeches in most Divine and incomprehensible manner Wherefore in as much as the Council of Ierusalem did chance to consist of men so enlightened it had authority greater than were meet for any other Council besides to challenge wherein such kinde of Persons are as now the state of the Church doth stand Kings being not then that which now they are and the Clergy not now that which then they were Till it be proved that some special Law of Christ hath for ever annexed unto the Clergy alone the power to make Ecclesiastical laws we are to hold it a thing most consonant with equity and reason that no Ecclesiastical laws be made in a Christian Common-wealth without consent as well of the Laity as of the Clergy but least of all without consent of the highest Power For of this thing no man doubteth namely that in all Societies Companies and Corporations what severally each shall be bound unto it must be with all their assents ratified Against all equity it were that a man should suffer detriment at the hands of men for not observing that which he never did either by himself or by others mediately or immediately agree unto Much more than a King should constrain all others no the strict observation of any such Human Ordinance as passeth without his own approbation In this Case therefore especially that vulgar Axiom is of force Quod omnes tangit ab omnibus tractari approbari debet Whereupon Pope Nicolas although otherwise not admitting Lay-persons no not Emperors themselves to be present as Synods doth notwithstanding seem to allow of their presence when matters of Faith are determined whereunto all men must stand bound Ubinam legistis Imperatores Antecessores vestros Synodalibus Conventibus interfuisse nisi forsitan in quibus de Fide tractatum est quae non solum ad Clericos verum etiam ad Laicos omnes pertinet Christianos A Law be it Civil or Ecclesiastical is a Publick Obligation wherein seeing that the whole standeth charged no reason it should pass without his privity and will whom principally the whole doth depend upon Sicut Laici jurisdictionem Clericorum perturbare ita Clerici jurisdictionem Laicorum non debent minuere saith Innocentius Extra de judic novit As the Laity should not hinder the Clergy's jurisdiction so neither is it reason that the Laity's right should be abridged by the Clergy saith Pope Innocent But were it so that the Clergy alone might give Laws unto all the rest forasmuch as every Estate doth desire to inlarge the bounds of their own Liberties is it not easie to see how injurious this might prove to men of other conditions Peace and Justice are maintained by preserving unto every Order their Rights and by keeping all Estates as it were in an even ballance which thing is no way better done than if the King their common Parent whose care is presumed to extend most indifferently over all do bear the chiefest sway in the making Laws which All must be ordered by Wherefore of them which in this point attribute most to the Clergy I would demand What evidence there is whereby it may clearly be shewed that in antient Kingdoms Christian any Canon devised by the Clergy alone in their Synods whether Provincial National or General hath by mere force of their Agreement taken place as a Law making all men constrainable to be obedient thereunto without any other approbation from the King before or afterwards required in that behalf But what speak we of antient Kingdoms when at this day even the Papacy it self the very Tridentine Council hath not every where as yet obtained to have in all points the strength of Ecclesiastical Laws did not Philip King of Spain publishing that Council in the Low Countries adde thereunto an express clause of special provision that the same should in no wise prejudice hurt or diminish any kinde of Priviledge which the King or his Vassals a fore-time had enjoyed touching either possessory Judgements of Ecclesiastical Livings or concerning nominations thereunto or belonging to whatsoever right they had else in such Affairs If therefore the Kings exception taken against some part of the Canons contained in that Council were a sufficient barr to make them of none effect within his Territories it followeth that the like exception against any other part had been also of like efficacy and so consequently that no part therof had obtained the strength of a Law if he which excepted against a part had so done against the whole as what reason was there but that the same Authority which limited might quite and clean have refused that Council who so alloweth the said Act of the Catholick Kings for good and
lawful must grant that the Canons even of General Councils have but the face of Wise-mens opinions concerning that whereof they-treat till they be publickly assented unto where they are to take place as Laws and that in giving such publick assent as maketh a Christian Kingdome subject unto those Laws the King's authority is the chiefest That which an University of Men a Company or Corporation doth without consent of their Rector is as nothing Except therefore we make the King's Authority over the Clergy less in the greatest things than the power of the meanest Governour is in all things over the Colledge or Society which is under him how should we think it a matter decent that the Clergy should impose Laws the Supream Governours assent not asked Yea that which is more the Laws thus made God himself doth in such sort authorize that to despise them is to despise in them him It is a loose and licentious opinion which the Anabaptists have embraced holding that a Christian man's liberty is lost and the Soul which Christ hath redeemed unto himself injuriously drawn into servitude under the Yoke of Human power if any Law be now imposed besides the Gospel of Christ in obedience whereunto the Spirit of God and not the constraint of men is to lead us according to that of the blessed Apostle Such as are led by the Spirit of God they are the Sons of God and not such as live in thraldom unto men Their Judgement is therefore That the Church of Christ should admit of no Law-makers but the Evangelists no Courts but Presbyteries no Punishments but Ecclesiastical censures As against this sort we are to maintain the use of Human laws and the continual necessity of making them from time to time as long as this present World doth last so likewise the Authority of Laws so made doth need much more by us to be strengthened against another sort who although they do utterly condemn the making of Laws in the Church yet make they a great deal less account of them than they should do There are which think simply of Human laws that they can in no sort touch the Conscience That to break and transgress them cannot make men in the sight of God culpable as Sin doth onely when we violate such Laws we do thereby make our selves obnoxious unto external punishment in this World so that the Magistrate may in regard of such offence committed justly correct the Offender and cause him without injury to endure such pains as Law doth appoint but further it reacheth not For first the Conscience is the proper Court of God the guiltiness thereof is Sin and the punishment Eternal death men are not able to make any Law that shall command the Heart it is not in them to make Inward-conceit a Crime or to appoint for any crime other punishment than corporal their Laws therefore can have no power over the Soul neither can the heart of man be polluted by transgressing them St. Austine rightly desineth Sin to be that which is spoken done or desired not against any Laws but against the Law of the Living God The Law of God is proposed unto Man as a Glass wherein to behold the stains and the spots of their sinful Souls By it they are to judge themselves and when they feel themselves to have transgressed against it then to bewail their offences with David Against thee onely O Lord have I sinned and done wickedly in thy sight that so our present tears may extinguish the flames which otherwise we are to feel and which of God in that day shall condemn the Wicked unto when they shall render account of the Evil which they have done not by violating Statute-Laws and Canons but by disobedience unto his Law and his Word For our better instruction therefore concerning this point first we must note That the Law of God it self doth require at our hands Subjection Be ye subject saith S. Peter and S. Paul Let every Soul be subject subject all unto such Powers as are set over us For if such as are not set over us require our subjection we by denying it are not disobedient to the Law of God or undutiful unto Higher Powers Because though they be such in regard of them over whom they have lawful Dominion yet having not so over us unto us they are not such Subjection therefore we owe and that by the Law of God we are in Conscience bound to yield it even unto every of them that hold the seats of Authority and Power in relation unto us Howbeit not all kindes of subjection unto every such kinde of Power concerning Scribes and Pharisees our Saviour's Precept was Whatsoever they shall tell ye do it Was it his meaning that if they should at any time enjoyn the People to levy an Army or to sell their Lands and Goods for the furtherance of so great an enterprize and in a word that simply whatsoever it were which they did command they ought without any exception forth-with to be obeyed No but whatsoever they shall tell you must be understoud in pertinentibus ad Cathedram it must be construed with limitation and restrained unto things of that kinde which did belong to their place and power For they had not Power general absolutely given them to command all things The reason why we are bound in Conscience to be subject unto all such Power is because all Powers are of God They are of God either instituting or permitting them Power is then of Divine institution when either God himself doth deliver or men by light of nature finde out the kinde thereof So that the power of Parents over Children and of Husbands over their Wives the power of all sorts of Superiors made by consent of Common-wealths within themselves or grown from agreement amongst Nations such power is of God's own Institution in respect of the kinde thereof Again if respect be had unto those particular Persons to whom the same is derived if they either receive it immediately from God as Moses and Aaron did or from nature as Parents do or from men by a natural and orderly course as every Governor appointed in any Common wealth by the order thereof doth then is not the kinde of their Power only of God's instituting but the derivation thereof also into their Persons is from him He hath placed them in their rooms and doth term them his Ministers Subjection therefore is due unto all such Powers inasmuch as they are of God's own institution even then when they are of man's creation Omni Humanae Creaturae Which things the Heathens themselves do acknowledge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As for them that exercise Power altogether against Order although the kinde of Power which they have may be of God yet is their exercise thereof against God and therefore not of God otherwise than by Permission as all Injustice is Touching such Acts as are done by that power which is according to
in Sir Thomas Bodlies Library in that of Doctor Andrews late Bishop of Winton in the late Lord Conwayes in the Archbishop of Canterburies and in the Bishop of Armaghs and in many others and most of these pretended to be the Authors own hand but much disagreeing being indeed altered and diminisht as Men have thought fittest to make Mr. Hookers Judgment suit with their Fancies or give authority to their corrupt designs and for proof of a part of this take these following testimonies Doctor Barnard sometime Chaplain to Doctor Usher late Lord Archbishop of Armagh hath declar'd in a late Book called Clavi Trabales Printed by Richard Hodgkinson Anno 1661. that in his search and examination of the said Bishops Manuscripts he there found the three written Books which were the supposed sixth seventh and eighth of Mr. Hookers Books of Ecclesiastical Polity and that in the said three Books now printed as Mr. Hookers there are so many Omissions that they amount to many Paragraphs and which cause many incoherencies the Omissions are by him set down at large in the said Printed Book to which I refer the Reader for the whole but think fit in this place to insert this following short part of them First as there could be in Natural Bodies no Motion of any thing unless there were some first which moved all things and continued Unmoveable even so in Politick Societies there must be some unpunishable or else no Man shall suffer punishment for sith punishments proceed always from Superiors to whom the administration of Iustice belongeth which administration must have necessarily a Fountain that deriveth it to all others and receiveth not from any because otherwise the course of Iustice should go infinitely in a Circle every Superiour having his Superiour without end which cannot be therefore a well spring it followeth there is a Supreme head of Iustice whereunto all are subject but it self in subjection to none Which kinde of Preheminency if some ought to have in a Kingdom who but the King shall have it Kings therefore or no man can have lawfull power to Iudge If Private men offend there is the Magistrate over them which Iudgeth if Magistrates they have their Prince if Princes there is Heaven a Tribunal before which they shall appear on Earth they are not accomptable to any Here says the Doctor it breaks off abruptly And I have these words also attested under the hand of Mr. Fabian Phillips a man of note for his useful Books I will make Oath if I shall be required that Doctor Sanderson the late Bishop of Lincoln did a little before his Death affirm to me he had seen a Manuscript affirmed to him to be the hand-writing of Mr. Richard Hooker in which there was no mention made of the King or Supreme Governors being accomptable to the People this I will make Oath that that good Man attested to me Fabian Phillips So that there appears to be both Omissions and Additions in the said last three printed Books and this may probably be one Reason why Doctor Sanderson the said Learned Bishop whose writings are so highly and justly valued gave a strict charge near the time of his Death or in his last Will that nothing of his that was not already Printed should be Printed after his Death It is well known how high a value our Learned King Iames put upon the Books writ by Mr. Hooker as also that our late King Charls the Martyr for the Church valued them the second of all Books testified by his commending them to the reading of his Son Charls that now is our Gratious King and you may suppose that this Charls the First was not a stranger to the pretended three Books because in a discourse with the Lord Say when the said Lord required the King to grant the truth of his Argument because it was the Judgement of Mr. Hooker quoting him in one of the three written Books the King replyed they were not allowed to be Mr Hookers Books but however he would allow them to be Mr. Hookers and consent to what his Lordship proposed to prove out of those doubtful Books if he would but consent to the Iudgment of Mr. Hooker in the other five that were the undoubted Books of Mr. Hooker In this Relation concerning these three doubtful Books of Mr. Hookers my purpose was to enquire then set down what I observ'd and know which I have done not as an engaged Person but indifferently and now leave my Reader to give Sentence for their Legitimation as to himself but so as to leave others the same Liberty of believing or disbelieving them to be Mr. Hookers and 't is observable that as Mr. Hooker advis'd with Doctor Spencer in the design and manage of these Books so also and chiefly with this dear Pupil George Cranmer whose Sister was the Wife of Doctor Spencer of which this following Letter may be a Testimony and doth also give authority to some things mentioned both in this Appendix and in the Life of Mr. Hooker and is therefore added GEORGE CRANMERS LETTER UNTO Mr. RICHARD HOOKER February 1598. WHat Posterity is likely to judge of these matters concerning Church Discipline we may the better conjecture if we call to mind what our own Age within few years upon better Experience hath already judged concerning the same It may be remembred that at first the greatest part of the Learned in the Land were either eagerly affected or favourably inclined that way The Books then written for the most part savoured of the Disciplinary Stile it sounded everywhere in Pulpits and in common phrase of mens speech the contrary part began to fear they had taken a wrong course many which impugned the Discipline yet so impugned it not as not being the better form of Government but as not being so convenient for our State in regard of dangerous Innovations thereby like to grow one man alone there was to speak of whom let no suspition of flattery deprive of his deserved Commendation w●o in the defiance of the one part and courage of the other stood in the gap and gave others respite to prepare themselves to the defence which by the sudden eagerness and violence of their Adversaries had otherwise been prevented wherein God hath made good unto him his own Impress Vincit qui patitur for what contumelious indignities he hath at their hands sustained the world is witness and what reward of Honour above his Adversaries God hath bestowed upon him themselves though nothing glad thereof must needs confess Now of late years the heat of men towards the Discipline is greatly decayed their Judgements begin to sway on the other side the Learned have weighed it and found it light wise men conceive some fear left it prove not only not the best kind of Government but the very bane and destruction of all Government The cause of this Change in Mens Opinions may be drawn from the general nature of Error disguised and
were his Guides till being occasioned to leave France he sell at the length upon Geneva Which City the Bishop and Clergy thereof had a little before as some affirm forsaken being of likelihood frighted with the peoples sudden attempt for abolishment of Popish Religion the event of which enterprize they thought it not safe for themselves to wait for in that place At the coming of Calvin thither the form of their Civil Regiment was popular as it continueth at this day Neither King nor Duke nor Nobleman of any authority or power over them but Officers chosen by the people out of themselves to order all things with publick consent For Spiritual Government they had no Laws at all agreed upon but did what the Pastors of their Souls by perswasion could win them unto Calvin being admitted one of their Preachers and a Divinity-Reader amongst them considered how dangerous it was that the whole estate of that Church should hang still on so slender a thred as the liking of an ignorant multitude is if it have power to change whatsoever it self listeth Wherefore taking unto him two of the other Ministers for more countenance of the action albeit the rest were all against it they moved and in the end perswaded with much ado the people to binde themselves by solemn Oath first Never to admit the Papecy amongst them again and secondly To live in obedience unto such Orders concerning the Exercise of their Religion and the Form of their Ecclesiastical Government as those their true and faithful Ministers of Gods Word had agreeably to Scripture set down for that end and purpose When these things began to be put in ure the people also what causes moving them thereunto themselves best know began to repent them of that they had done and irefully to champ upon the Bit they had taken into their Mouths the rather for that they grew by means of this Innovation into dislike with some Churches near about them the benefit of whose good friendship their State could not well lack It was the manner of those times whether through mens desire to enjoy alone the glory of their own enterprises or else because the quickness of their occasions required present dispatch so it was that every particular Church did that within it self which some few of their own thought good by whom the rest were all directed Such number of Churches then being though free within themselves yet small common Conference before-hand might have eased them of much after trouble But a great inconvenience it bred That every later endeavored to be certain degrees more removed from Conformity with the Church of Rome then the rest before had been whereupon grew marvellous great dissimilitudes and by reason thereof jealousies heart-burnings jars and discords amongst them Which notwithstanding might have easily been prevented if the Orders which each Church did think fit and convenient for it self had not so peremptorily been established under that high commanding Form which rendred them unto the people as things everlastingly required by the Law of the Lord of Lords against whose Statutes there is no exception to be taken For by this mean it came to pass that one Church could not but accuse and condemn another of disobedience to the Will of Christ in those things where manifest difference was between them whereas the self-same Orders allowed but yet established in more wary and suspence manner as bring to stand in force till God should give the opportunity of some General Conference what might be best for every of them afterwards to do This I say had both prevented all occasion of just dislike which others might take and reserved a greater liberty unto the Authors themselves of entring into farther Consultation afterwards Which though never so necessary they could not easily now admit without some fear of derogation from their credit And therefore that which once they had done they became for ever after resolute to maintain Calvin therefore and the other two his Associates stifly refusing to administer the Holy Communion to such as would not quietly without contradiction and murmur submit themselves unto the Orders which their Solemn Oath had bound them to obey were in that quarrel banished the Town A few years after such was the levity of that people the places of one or two of their Ministers being faln void they were not before so willing to be rid of their Learned Pastor as now importunate to obtain him again from them who had given him entertainment and which were loth to part with him had not unresistable earnestness been used One of the Town-Ministers that saw in what manner the people were bent for the Revocation of Calvin gave him notice of their affection in this sort The Senate of Two hundred being assembled they all crave Calvin The next day a General Convocation they cry in like sort again all We will have Calvin that good and Learned Man Christs Minister This saith he when I understood I could not chuse but praise God nor was I able to judge otherwise then that this was the Lords doing and that it was marvellous in our eyes and that the Stone which the Builders refused was now made the Head of the Corner The other two whom they had thrown out together with Calvin they were content should enjoy their exile Many causes might lead them to be more desirous of him First It is yielding unto them in one thing might happily put them in hope that time would breed the like easiness of condescending further unto them For in his absence be had perswaded them with whom he was able to prevail that albeit himself did better like of Common Bread to be used in the Eucharist yet the other they rather should accept then cause any trouble in the Church about it Again they saw that the name of Calvin waxed every day greater abroad and that together with his fame their infamy was spred who had so rashly and childishly ejected him Besides it was not unlikely but that his credit in the World might many ways stand the poor Town in great stead As the truth is their Ministers Foreign estimation hitherto hath been the best stake in their Hedge But whatsoever secret respects were likely to move them for contenting of their mindes Calvin returned as it had been another Tully to his old Home He ripely considered how gross a thing it were for men of his quality wise and grave men to live with such a multitude and to be Tenants at will under them as their Ministers both himself and others had been For the remedy of which inconvenience he gave them plainly to understand That if he did become their Teacher again they must be content to admit a compleat Form of Discipline which both they and also their Pastors should now be solemnly sworn to observe for ever after Of which Discipline the Main and Principal parts were these A standing Ecclesiastical Court to be established Perpetual
amongst Men are never framed as they should be unless presuming the Will of Man to be inwardly obstinate rebellious and averse from all obedience unto the Sacred Laws of his Nature In a word unless presuming Man to be in regard of his depraved minde little better then a wilde beast they do accordingly provide notwithstanding so to frame his outward actions that they be no hindrance unto the common good for which Societies are instituted unless they do this they are not perfect It resteth therefore that we consider how Nature findeth out such Laws of Government as serve to direct even Nature depraved to a right end All men desire to lead in this world an happy life The life is led most happily wherein all Vertue is exercised without impediment or let The Apostle in exhorting men to contentment although they have in this world no more then very bare Food and Rayment giveth us thereby to understand that those are even the lowest of things necessary that if we should be stripped of all those things without which we might possibly be yet these must be left that destitution in these is such an impediment as till it be removed suffereth not the minde of Man to admit any other care For this cause first God assigned Adam maintenance of Life and then appointed him a Law to observe For this cause after Men began to grow to a number the first thing we read they gave themselves unto was the Tilling of the Earth and the Feeding of Cattle Having by this mean whereon to live the principal actions of their life afterward are noted by the Exercise of their Religion True it is that the Kingdom of God must be the first thing in our purposes and desires But in as much as a righteous life presupposeth life in as much as to live vertuously it is impossible except we live Therefore the first impediment which naturally we endeavor to remove is penury and want of things without which we cannot live Unto life many implements are necessary mo if we seek as all men naturally do such a life as hath in it joy comfort delight and pleasure To this end we see how quickly sundry Arts Mechanical were found out in the very prime of the World As things of greatest necessity are always first provided for so things of greatest dignity are most accounted of by all such as judge rightly Although therefore Riches be a thing which every Man wisheth yet no Man of judgment can esteem it better to be Rich then Wise Vertuous and Religious If we be both or either of these it is not because we are so born For into the World we come as empty of the one as of the other as naked in Minde as we are in Body Both which necessities of Man had at the first no other helps and supplies then onely domestical such as that which the Prophet implieth saying Can a Mother forget her childe Such as that which the Apostle mentioneth saying He that careth not for his own is worse then an Infidel Such as that concerning Abraham Abraham will command his sons and his houshold after him that they keep the way of the Lord. But neither that which we learn of our selves nor that which others teach us can prevail where wickedness and malice have taken deep root If therefore when there was but as yet one onely family in the World no means of instruction Humane or Divine could prevent effusion of blood How could it be chosen but that when Families were multiplied and encreased upon Earth after Separation each providing for it self Envy Strife Contention and Violence must grow amongst them For hath not Nature furnished Man with Wit and Valor and as it were with Armor which may be used as well unto extream evil as good Yea were they not used by the rest of the World unto evil Unto the contrary onely by Seth Enoch and those few the rest in that Line We all make complaint of the iniquity of our times not unjustly for the days are evil But compare them with those times wherein there were no civil Societies with those times therein there was as yet no manner of Publick Regiment established with those times wherein there were not above eight righteous persons living upon the face of the Earth And we have surely good cause to think that God hath blessed us exceedingly and hath made us behold most happy days To take away all such mutual grievances injuries and wrongs there was no way but onely by growing unto Composition and Agreement amongst themselves by ordaining some kinde of Government publick and by yielding themselves subject thereunto that unto whom they granted authority to rule and govern by them the peace tranquillity and happy estate of the rest might be procured Men always knew that when Force and Injury was offered they might be Defenders of themselves they knew that howsoever men may seek their own commodity yet if this were done with injury unto others it was not to be suffered but by all men and by all good means to be withstood Finally they knew that no man might in Reason take upon him to determine his own right and according to his own determination proceed in maintenance thereof in as much as every man is towards himself and them whom he greatly affecteth partial And therefore that strifes and troubles would be endless except they gave their common consent all to be ordered by some whom they should agree upon Without which consent there were no reason that one Man should take upon him to be Lord or Judge over another because although there be according to the opinion of some very great and judicious Men a kinde of Natural Right in the Noble Wise and Vertuous to govern them which are of servile disposition nevertheless for manifestation of this their right and mens more peaceable contentment on both sides the assent of them whom are to be governed seemeth necessary To Fathers within their Private Families Nature hath given a supream power for which cause we see throughout the World even from the first Foundation thereof all men have ever been taken as Lords and Lawful Kings in their own houses Howbeit over a whole grand multitude having no such dependency upon any one and consisting of so many Families as every Politick Society in the World doth impossible it is that any should have compleat lawful power but by consent of men or immediate appointment of God because not having the Natural Superiority of Fathers their power must needs be either usurped and then unlawful or if lawful then either granted or consented unto by them over whom they exercise the same or else given extraordinarily from God unto whom all the World is subject It is no improbable opinion therefore which the Arch-Philosopher was of That as the chiefest person in every houshold was always as it were a King so when numbers of
condition as long as they stedfastly were observed to honour God and their success being faln from him are remonstrances more than sufficient how all our welfare even on earth dependeth wholly upon our Religion Heathens were ignorant of true Religion Yet such as that little was which they knew it much impaired or bettered alwaies their worldy affairs as their love and zeal towards it did wain or grow Of the Jews did not even their most malicious and mortal Adversaries all acknowledge that to strive against them it was in vain as long as their amity with God continued that nothing could weaken them but Apostasie In the whole course of their own proceedings did they ever finde it otherwise but that during their faith and fidelity towards God every man of them was in war as a thousand strong and as much as a grand Senate for counsel in peaceable deliberations contrariwise that if they swarved as they often did their wonted courage and magnanimity forsook them utterly their Soldiers and military men trembled at the sight of the naked sword when they entered into mutual conference and sate in counsel for their own good that which Children might have seen their gravest Senators could not discern their Prophets saw darkness instead of Visions the wise and prudent were as men bewitcht even that which they knew being such as might stand them in stead they had not the grace to utter or if any thing were well proposed it took no place it entered not into the minds of the rest to approve and follow it but as men confounded with strange and unusual ama●●ments of spirit they attempted tumultuously they saw not what and by the issues of all attempts they found no certain conclusion but this God and Heaven are strong against as in all we do The cause whereof was secret fear which took heart and courage from them and the cause of their fear an inward guiltiness that they all had offered God such apparent wrongs as were not pardonable But it may be the case is now altogether changed and that in Christian Religion there is not the like force towards Temporal felicity Search the ancient Records of time look what hath happened by the space of these sixteen hundred years see if all things to this effect be not Inculent and clear yea all things so manifest that for evidence and proof herein we need not by uncertain dark conjectures surmise any to have been plagued of God for contempt or blest in the course of faithful obedience towards true Religion more than onely them whom we finde in that respect on the one side guilty by their own confessions and happy on the other side by all mens acknowledgement who beholding that prosperous estate of such as are good and vertuous impute boldly the same to God's most especial favour but cannot in like manner pronounce that whom he afflicteth above others with them he hath cause to be more offended For Vertue is always plain to be seen rareness causeth it to be observed and goodness to be honoured with admiration As for iniquity and sin it lyeth many times hid and because we be all offenders it becometh us not to incline towards hard and severe sentences touching others unless their notorious wickedness did sensibly before proclaim that which afterwards came to pass Wherefore the sum of every Christian man's duty is to labour by all means towards that which other men seeing in us may justifie and what we our selves must accuse if we fall into it that by all means we can to avoid considering especially that as hitherto upon the Church there never yet fell tempestuous storm the vapours whereof were not first noted to rise from coldness in affection and from backwardness is duties of service towards God so if that which the tears of antiquity have untered concerning this point should be here set down it were assuredly enough to soften and to mollifie an Heart of steel On the contrary part although we confesse with Saint Augustine most willingly that the chiefest happiness for which we have some Christian Kings in so great admiration above the rest is not because of their long Reign their calm and quiet departure out of this present life the settled establishment of their own flesh and blood succeeding them in Royalty and Power the glorious overthrow of foreign enemies or the wise prevention of inward danger and so secret attempts at home all which solaces and comforts of this our unquiet life it pleaseth God oftentimes to bestow on them which have no society or part in the joys of Heaven giving thereby to understand that these in comparison are toys and trifles farr under the value and price of that which is to be looked for at his hands but in truth the reason wherefore we most extol their felicity is if so be they have virtuously reigned if honour have not filled their hearts with pride if the exercise of their power have been service and attendance upon the Majestie of the Most High if they have feared him as their own inferiours and subjects have feared them if they have loved neither pomp nor pleasure more than Heaven if revenge have slowly proceeded from then and mercy willingly offered it self if so they have tempered rigour with lenity that neither extream severitie might utterly cutt them off in whom there was manifest hope of amendment nor yet the easinesse of pardoning offences imbolden offenders if knowing that whatsoever they do their potency may bear it out they have been so much the more carefull are to do any thing but that which is commendable in the best rather than usual with greatest Personages if the true knowledge of themselves have humbled them in God's sight no lesse than God in the eyes of men hath raised them up I say albeit we reckon such to be the happiest of them that are mightiest in the World and albeit those things alone are happiness nevertheless considering what force there is even in outward blessings to comfort the mindes of the best disposed and to give them the greater joy when Religion and Peace Heavenly and Earthly happiness are wreathed in one Crown as to the worthiest of Christian Princes it hath by the providence of the Almighty hitherto befallen let it not seem unto any man a needlesse and superfluous waste of labour that there hath been thus much spoken to declare how in them especially it hath been so observed and withal universally noted even from the highest to the very meanest how this peculiar benefit this singular grace and preheminence Religion hath that either it guardeth as an heavenly shield from all calamities or else conducteth us safe through them and permitteth them not to be mise●… it either giveth honours promotions and wealth or else more benefit by wanting them than if we had them at will it either filleth our Houses with plenty of all good things or maketh a Sallad of green herbs more sweet than all the
offences do behold the plain image of our own imbecillity Besides also them that wander out of the way it cannot be unexpedient to win with all hopes of favour left strictness used towards such as reclaim themselves should make others more obstinate in errour Wherefore after that the Church of Alexandria had somewhat recovered it self from the tempests and storms of Artianism being in consultation about the re-establishment of that which by long disturbance had been greatly decayed and hindered the ferventer sort gave quick sentence that touching them which were of the Clergy and had stained themselves with Heresie there should be none so received into the Church again as to continue in the order of the Clergy The rest which considered how many mens cases it did concern thought it much more safe and consonant to bend somewhat down towards them which were fallen to shew severity upon a few of the chiefest Leaders and to offer to the rest a friendly reconciliation without any other demand saving onely the abjuration of their errour as in the Gospel that wastful young man which returned home to his Father's house was with joy both admitted and honored his elder Brother hardly thought of for repining thereat neither commended so much for his own Fidelity and vertue as blamed for not embracing him freely whose unexpected recovery ought to have blotted out all remembrance of misdemeanors and faults past But of this sufficient A thing much stumbled at in the manner of giving Orders is our using those memorable words of our Lord and Saviour Christ Receive the Holy Ghost The Holy Ghost they say we cannot give and therefore we foolishly bid men receive it Wise-men for their Authorities sake must have leave to befool them whom they are able to make wise by better instruction Notwithstanding if it may please their wisdom as well to hear what Fools can say as to control that which they doe thus we have heard some Wise-men teach namely That the Holy Ghost may be used to signifie not the Person alone but the Gift of the Holy Ghost and we know that Spiritual gifts are not onely abilities to do things miraculous as to speak with Tongues which were never taught us to cure Diseases without art and such like but also that the very authority and power which is given men in the Church to be Ministers of holy things this is contained within the number of those Gifts whereof the Holy Ghost is Author and therefore he which giveth this Power may say without absurdity or folly Receive the Holy Ghost such power as the Spirit of Christ hath endued his Church withal such Power as neither Prince not Potentate King nor Caesar on Earth can give So that if men alone had devised this form of speech thereby to expresse the heavenly well-spring of that Power which Ecclesiastical Ordinations do bestow it is not so foolish but that Wise-men might bear with it If then our Lord and Saviour himself have used the self-samen form of words and that in the self-same kinde of action although there be but the least shew of probability yea or any possibility that his meaning might be the same which ours is It should teach sober and grave men not to be too venturous in condemning that of folly which is not impossible to have in it more profoundness of wisdom than flesh and blood should presume to control Our Saviour after his resurrection from the dead gave his Apostles their Commission saying All power is given me in Heaven and in Earth Go therefore and teach all Nations baptizing them in the name of the Father and the Son and the Holy Ghosts teaching them to observe all things whatsoever I have commanded you In sum As my Father sent me so send I you Whereunto Saint Iohn doth adde farther that having thus spoken he breathed on them and said Receive the Holy Ghost By which words he must of likelyhood understand some gift of the Spirit which was presently at that time bestowed upon them as both the speech of actual delivery in saying Receive and the visible sign thereof his Breathing did shew Absurd it were to imagine our Saviour did both to the ear and also to the very eye expresse a real donation and they at that time receive nothing It resteth then that we search what special grace they did at that time receive Touching miraculous power of the Spirit most apparent it is that as then they received it not but the promise thereof was to be shortly after performed The words of Saint Luke concerning that Power are therefore set down with signification of the time to come Behold I will send the promise of my Father upon you but carry you in the City of Ierusalem untill ye be endued with power from on high Wherefore undoubtedly it was some other effect of the Spirit the Holy Ghost in some other kinde which our Saviour did then bestow What other likelier than that which himself doth mention as it should seem of purpose to take away all ambiguous constructions and to declare that the Holy Ghost which he then gave was an holy and a ghostly authority authority over the souls of men authority a part whereof consisteth in power to remit and retain sinnes Receive the Holy Ghost Whose sinnes server ye remit they are remitted whose sinnes ye retain they are retained Whereas therefore the other Evangelists had set down that Christ did before his suffering promise to give his Apostles the Keys of the Kingdom of Heaven and being risen from the dead promised moreover at that time a miracolous power of the Holy Ghost Saint Iohn addeth that he also invested them even then with the power of the Holy Ghost for castigation and relaxation of sinne wherein was fully accomplished that which the promise of the Keys did import Seeing therefore that the same power is now given why should the same form of words expressing it be thought foolish The cause why we breathe not as Christ did on them unto whom he imparted power is for that neither Spirit nor Spiritual authority may be thought to proceed from us who are but Delegates of Assigns to give men possession of his Graces Now besides that the power and authority delivered with those words is it self 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a gracious donation which the Spirit of God doth bestow we may most assuredly perswade our selves that the hand which imposeth upon us the function of our Ministry doth under the same form of words so tye it self thereunto that he which receiveth the burthen is thereby for ever warranted to have the Spirit with him and in him for his assistance aid countenance and support in whatsoever he faithfully doth to discharge duty Knowing therefore that when we take Ordination we also receive the presence of the Holy Ghost partly to guide direct and strengthen us in all our wayes and partly to assume unto it self for the more
with joy and reverence Now there is no Controversie but as God in that special Case did authorize Nathan so Christ more generally his Apostles and the Ministers of his Word in his Name to absolve Sinners Their power being equal all the difference between them can be but only in this that whereas the one had prophetical evidence the other have the certainty partly of Faith and partly of Human experience whereupon to ground their Sentence Faith to assure them of God's most graous Pardon in Heaven unto all Penitents and touching the sincerity of each particular Parties repentance as much as outward sensible tokens or signes can warrant It is not to be marvelled that so great a difference appeareth between the Doctrine of Rome and Ours when we teach Repentance They imply in the Name of Repentance much more than we do We stand chiefly upon the due inward Conversion of the Heart They more upon Works of external shew We teach above all things that Repentance which is one and the same from the beginning to the World's end They a Sacramental Penance of their own devising and shaping We labour to instruct men in such sort that every Soul which is wounded with sin may learn the way how to cure it self They clean contrary would make all Soars seem incurable unless the Priests have a hand in them Touching the force of whose Absolution they strangely hold that whatsoever the Penitent doth his Contrition Confession and Satisfaction have no place of right to stand as material parts in this Sacrament nor consequently any such force as to make them available for the taking away of Sin in that they proceed from the Penitent himself without the privity of the Minister but only as they are enjoyned by the Minister's Authority and Power So that no contrition or grief of heart till the Priest exact it no acknowledgement of Sins but that which he doth demand no Praying no Fasting no Alms no Recompence or Restitution for whatsoever we have done can help except by him it be first imposed It is the Chain of their own Doctrine No remedy for mortal sin committed after Baptism but the Sacrament of Penance only No Sacrament of Penance if either matter or form be wanting No wayes to make those Duties a material part of the Sacrament unless we consider them as required and exacted by the Priest Our Lord and Saviour they say hath ordained his Priests Judges in such sort that no man which sinneth after Baptisme can be reconciled unto God but by their Sentence For why If there were any other way of Reconciliation the very promise of Christ should be false in saying Whatsoever ye binde on Earth shall be bound in Heaven and whose sins soever ye retain are retained Except therefore the Priest be willing God hath by promise hampred himself so that it is not now in his own power to pardon any man Let him which is offended crave as the Publican did Lord he thou merciful unto me a sinner Let him as David make a thousand times his supplication Have mercy upon me O God according to thy loving kindness according to the multitude of thy compassions put away mine iniquities All this doth not help till such time as the pleasure of the Priest be known till he have signed us a pardon and given us our quietus est God himself hath no Answer to make but such as that of his Angel unto Lot I can do nothing It is true that our Saviour by these words Whose Sins ye remit they are remitted did ordain Judges over our sinful Souls gave them Authority to absolve from sin and promise to ratifie in Heaven whatsoever they should do on Earth in execution of this their Offices to the end that hereby as well his Ministers might take encouragement to do their Duty with all Faithfulness as also his People admonition gladly with all reverence to be ordered by them both parts knowing that the Functions of the one towards the other have his perpetual assistance and approbation Howbeit all this with two Restraints which every Jurisdiction in the World hath the one that the practice thereof proceed in due order the other that it do not extend it self beyond due bounds which bounds or limits have so confined penitential Jurisdiction that although there be given unto it power of remitting sinne yet not such Soveraignty of Power that no sin should be pardonable in man without it Thus to enforce our Saviour's words is as though we should gather that because Whatsoever Ioseph did command in the Land of Pharaoh's grant is it should be done therefore he granteth that nothing should be done in the Land of Egypt but what Ioseph did command and so consequently by enabling his Servant Ioseph to command under him disableth himself to command any thing without Ioseph But by this we see how the Papacy maketh all Sin unpardonable which hath not the Priests Absolution except peradventure in some extraordinary case where albeit Absolution be not had yet it must be desired What is then the force of Absolution What is it which the act of Absolution worketh in a sinful man doth it by any operation derived from it self alter the state of the Soul Doth it really take away sin or but ascertain us of God's most gracious and merciful pardon The latter of which two is our assertion the former theirs At the words of our Lord and Saviour Jesus Christ saying unto the sick of the Palsie Son thy sins are forgiven thee the Pharisees which knew him not to be Son of the living God took secret exception and fell to reasoning with themselves against him Is any able to forgive Sin but God only The Sins saith St. Cyprian that are committed against him he alone hath power to forgive which took upon him our sins he which sorrowed and suffered for us he whom the Father delivered unto death for our offences Whereunto may be added that which Clemens Alexandrinus hath Our Lord is profitable every way every way beneficial whether we respect him as Man or as God as God forgiving as Man instructing and learning how to avoid Sin For it is I even I that putteth away thine Iniquities for mine own sake and will not remember thy sins saith the Lord. Now albeit we willingly confess with Saint Cyprian The Sinnes which are committed against him he only hath power to forgive who hath taken upon him our Sinnes he which hath sorrowed and suffered for us he whom God hath given for our Offences Yet neither did Saint Cyprian intend to deny the power of the Minister otherwise then if he presume beyond his Commission to remit Sinne where God's own will is it should be retained For against such Ablutions he speaketh which being granted to whom they ought to have been denyed are of no validity and if rightly it be considered how higher causes in operation use to concur with inferiour means his Grace
man surmise that the difference between them was only by distinction in the former kind of power and not in this latter of jurisdiction are not the words of the Law manifest which make Eleazer the Son of Aaron the Priest chief Captain of the Levites and overseer of them unto whom the charge of the Sanctuary was committed Again at the commandment of Aaron and his Sons are not the Gersonites themselves required to do all their service in the whole charge belonging unto the Gersonites being inferiour Priests as Aaron and his Sons were High Priests Did not Iehoshaphat appoint Amarias the Priest to be chief over them who were Judges for the cause of the Lord in Ierusalem Priests saith Josephus worship God continually and the eldest of the stock are governours over the rest He doth sacrifice unto God before others he hath care of the Laws judgeth controversies correcteth offenders and whosoever obeyeth him not is convict of impiety against God But unto this they answer That the reason thereof was because the High-Priest did prefigure Christ and represent to the people that chiefty of our Saviour which was to come so that Christ being now come there is no cause why such preheminence should be given unto any one Which fancy pleaseth so well the humour of all sorts of rebellions spirits that they all seek to shroud themselves under it Tell the Anabaptist which holdeth the use of the sword unlawful for a Christian man that God himself did allow his people to make wars they have their answer round and ready Those ancient Wars were figures of the spiritual Wars of Christ. Tell the Barrowist what sway David and others the Kings of Israel did bear in the ordering of spiritual affairs the same answer again serveth namely That David and the rest of the Kings of Israel prefigured Christ. Tell the Martinist of the High-Priests great authority and jurisdiction amongst the Jews what other thing doth serve this Turn but the self-same shift By the power of the High-Priest the universal supreme Authority of our Lord Iesus Christ was shadowed The thing is true that indeed High-Priests were figures of Christ yet this was in things belonging unto their power of Order they figured Christ by entring into the holy place by offering for the sins of all the people once a year and by other the like duties But that to govern and to maintain order amongst those that were subject to them is an office figurative and abrogated by Christs coming in the Ministry that their exercise of jurisdiction was figurative yea figurative in such sort that it had no other cause of being instituted but only to serve as a representation of somewhat to come and that herein the Church of Christ ought not to follow them this Article is such as must be confirmed if any way by miracle otherwise it will hardly enter into the heads of reasonable men why the High-Priest should more figure Christ in being a Judge then in being whatsoever he might be besides St. Cyprian deemed it no wresting of Scripture to challenge as much for Christian Bishops as was given to the High-Priest among the Jews and to urge the law of Moses as being most effectual to prove it St. Ierom likewise thought it an argument sufficient to ground the Authority of Bishops upon To the end saith he we may understand Apostolical traditions to have been taken from the Old Testament that which Aaron and his Sons and the Levites were in the Temple Bishops and Presbyters and Deacons in the Church may lawfully challenge to themselves In the Office of a Bishop Ignatius observeth these two functions 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 concerning the one such is the prehemince of a Bishop that he only hath the heavenly mysteries of God committed originally unto him so that otherwise than by his Ordination and by authority received from him others besides him are not licensed therein to deal as ordinary Ministers of Gods Church And touching the other part of their sacred Function wherein the power of their jurisdiction doth appear first how the Apostles themselves and secondly how Titus and Timothy had rule and jurisdiction over Presbyters no man is ignorant And had not Christian Bishops afterward the like power Ignatius Bishop of Antioch being ready by blessed martyrdom to end his life writeth unto his Presbyters the Pastors under him in this sort O● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 After the death of Fabian Bishop of Rome there growing some trouble about the receiving of such persons into the Church as had fallen away in persecution and did now repent their fall the Presbyters and Deacons of the same Church advertised St. Cyprian thereof signifying That they must of necessity defer to deal in that cause till God did send them a new Bishop which might moderate all things Much we read of extraodinary fasting usually in the Church And in this appeareth also somewhat concerning the chiefty of Bishops The custome is saith Tertullian that Bishops do appoint when the people shall all fast Yea it is not a matter left to our own free choice whether Bishops shall rule or no but the will of our Lord and Saviour is saith Cyprian that every act of the Church be governed by her Bishops An Argument it is of the Bishops high preheminence rule and government over all the rest of the Clergy even that the Sword of persecution did strike especially always at the Bishop as at the Head the rest by reason of their lower estate being more secure as the self-same Cyprian noteth the very manner of whose speech unto his own both Deacons and Presbyters who remained safe when himself then Bishop was driven into exile argueth likewise his eminent authority and rule over them By these letters saith he I both exhort and COMMAND that ye whose presence there is not envied at nor so much beset with dangers supply my room in doing those things which the exercise of Religion doth require Unto the same purpose serve most directly those comparisons than which nothing is more familiar in the books of the ancient Fathers who as oft as they speak of the several degrees in Gods Clergy if they chance to compare Presbyters with Levitical Priests of the Law the Bishop they compare unto Aaron the High Priest if they compare the one with the Apostles the other they compare although in a lower proportion sometime to Christ and sometime to God himself evermore shewing that they placed the Bishop in an eminent degree of ruling authority and power above other Presbyters Ignatius comparing Bishops with Deacons and with such Ministers of the word and Sacraments as were but Presbyters and had no Authority over Presbyters What is saith he the Bishop but one which hath all principality and power over all so far forth as man may have it being to his power a follower even of Gods own Christ Mr. Calvin himself
Persons and Causes of the Church But I see that hitherto they which condemn utterly the name so applyed do it because they mislike that such Power should be given to Civil Governours The great exception that Sir Thomas Moor took against that Title who suffered death for denyal of it was for that it maketh a Lay a Secular Person the head of the State Spiritual or Ecclesiastical as though God himself did not name Said the Head of all the Tribes of Israel and consequently of that Tribe also among the rest whereunto the State Spiritual or Ecclesiastical belonged when the Authors of the Centuries reprove it in Kings and Civil Governours the reason is I st is non competit iste Primatus such kinde of Power is too high for them they fit it not In excuse of Mr. Calvin by whom this Realm is condemned of Blasphemy for intitu●ing H. 8. Supream Head of this Church under Christ a charitable conjecture is made that he spake by misinformation howbeit as he professeth utter dislike of that name so whether the name be used or no the very Power it self which we give unto Civil Magistrates he much complaineth of and protesteth That their Power over all things was it which had ever wounded him deeply That un-advised Persons had made them too Spiritual that throughout Germany this fault did reign that in these very parts where Calvin himself was it prevailed more than was to be wished that Rulers by imagining themselves so Spiritual have taken away Ecclesiastical Government that they think they cannot reign unless they abolish all the Authority of the Cuurch and be themselves the chief Iudges as well in Doctrine as in the whole Spiritual Regency So that in truth the Question is Whether the Magistrate by being Head in such sense as we term him do use or exercise any part of that Authority not which belongeth unto Christ but which other men ought to have These things being first considered thus it will be easier to judge concerning our own estate whether by force of Ecclesiastical Government Kings have any other kinde of Prerogative that they may lawfully hold and enjoy It is as some do imagine too much that Kings of England should be termed Heads in relation of the Church That which we do understand by Headship is their only Supreme Power in Ecclesiastical Affairs and Causes That which lawful Princes are what should make it unlawful for men in Spiritual Stiles or Titles to signifie If the having of Supream Power be allowed why is the expressing thereof by the Title of Head condemned They seem in words at leastwise some of them now at the length to acknowledge that Kings may have Dominion or Supream Government even over all both Persons and Causes We in terming our Princes Heads of the Church do but testifie that we acknowledge them such Governours Again to this it will peradventure be replyed That howsoever we interpret our selves it is not fit for a mortal man and therefore not fit for a Civil Magistrate to be intituled the Head of the Church which was given to our Saviour Christ to lift him above all Powers Rules Dominions Titles in Heaven or in Earth Where if this Title belong also to Civil Magistrates then it is manifest that there is a Power in Earth whereunto our Saviour Christ is not in this point superiour Again if the Civil Magistrate may have this Title he may be termed also the first-begotten of all Creatures The first begotten of all the Dead yea the Redeemer of his People For these are alike given him as Dignities whereby he is lifted up above all Creatures Besides this the whole Argument of the Apostle in both places doth lead to show that this Title Head of the Church cannot be said of any Creature And further the very domonstrative Articles amongst the Hebrews especially whom St. Paul doth follow serveth to tye that which is verified of one unto himself alone so that when the Apostle doth say that Christ it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Head it is as if he should say Christ and none other is the Head of the Church Thus have we against the entituling of the Highest Magistrate head with relation unto the Church four several Arguments gathered by strong surmise out of words marvellous unlikely to have been written to any such purpose as that whereunto they are now used and urged To the Ephesians the Apostle writeth That Christ God had set on his right hand in the Heavenly places above all Regency and Authority and Power and Dominion and whatsoever name is named not in this World only but in that which shall be also and hath under his feet set all things and hath given him head above all things unto the Church which is his Body even the fulness of him which accomplisheth all in all To the Colossians in like manner That he is the head of the body of the Church who is a first born Regency out of the dead to the end he might be made amongst them all such an one as both the Chiefty He meaneth amongst all them whom he mentioned before saying By him all things that are were made the things in the Heavens and the things in the Earth the things that are visible and the things that are invisible whether they be Thrones or Dominions or Regencies c. Unto the fore-alledged Arguments therefore we answer First that it is not simply the title of Head in such sort understood as the Apostle himself meant it so that the same being imparted in another sense unto others doth not any wayes make those others his Equals in as much as diversity of things is usually to be understood even when of words there is no diversity and it is onely the adding of one and the same thing unto divers Persons which doth argue equality in them If I term Christ and Cesar Lords yet this is no equalizing Cesar with Christ because it is not thereby intended To term the Emperor Lord saith Tertullian I for my part will not refuse so that I be not required to call him Lord in the same sense that God is so termed Neither doth it follow which is objected in the second place that if the Civil Magistrate may be intituled a Head he may as well be termed the first begotten of all Creatures the first begotten of the Dead and the Redeemer of his People For albeit the former dignity doth lift him up to less than these yet these terms are not applyable and apt to signifie any other inferior dignity as the former term of Head was The Argument of matter which the Apostle followeth hath small evidence or proof that his meaning was to appropriate unto Christ that the aforesaid title otherwise than only in such sense as doth make it being so understood too high to be given to any Creature As for the force of the Article where our Lord and Saviour is called the Head it serveth
Civil Magistrate being termed Head by reason of that Authority in Ecclesiastical Affairs which hath been already declared that themselves do acknowledge to be lawful It followeth that he is a Head even subordinated of Christ and to Christ. For more plain explication whereof unto God we acknowledge daily that Kingdom Power and Glory are his that he is the immortal and invisible King of Ages as well the future which shall be as the present which now is That which the Father doth work as Lord and King over all he worketh not without but by the Son who through coeternal generation receiveth of the Father that Power which the Father hath of himself And for that cause our Saviours words concerning his own Dominion are To me all Power both in Heaven and in Earth is given The Father by the Son did create and doth guide all wherfore Christ hath Supream dominion over the whole universal World Christ is God Christ is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the consubstantial Word of God Christ is also that consubstantial Word which made man As God he saith of himself I am Alpha and Omega the beginning and the end he which was and which is and which is to come even the very Omnipotent As the consubstantial Word of God he hath with God before the beginning of the World that glory which as he was Man he requireth to have Father glorifie thy Son with that glory which with thee be enjoyed before the World wa● Further it is not necessary that all things spoken of Christ should agree to him either as God or else as Man but some things as he is the consubstantial Word of God some things as he is that Word incarnate The Works of Supream Dominion which have been since the first beginning wrought by the power of the Son of God are now most properly and truly the Works of the Son of Man the Word made Flesh doth sit for ever and reign as Soveraign Lord over all Dominion belongeth unto the Kingly Office of Christ as Propitration and Mediation unto his Priestly Instruction unto his Pastoral and Prophetical Office His Works of Dominion are in sundry degrees and kindes according to the different conditions of them that are subject unto it he presently doth govern and hereafter shall judge the World intire and wholly and therefore his Regal power cannot be with truth restrained unto a proportion of the World only Notwithstanding forasmuch as all do not shew and acknowledge with dutiful submission that Obedience which they owe unto him therefore such as do their Lord he is termed by way of excellency no otherwise than the Apostle doth term God the Saviour generally of all but especially of the Faithful these being brought to the obedience of Faith are every where spoken of as men translated into that Kingdom wherein whosoever is comprehended Christ is the Author of eternal Salvation unto them they have a high and ghostly fellowship with God and Christ and Saints as the Apostle in more ample manner speaketh Aggregated they are unto Mount Sion and to the City of the living God the Celestial Ierusalem and to the company of innumerable Angels and to the Congregation of the first born which are written in Heaven and to God the Iudge of all and to the Spirits of just and perfect men and to Iesus the Mediator of the new Testament In a word they are of that Mystical body which we term the Church of Christ. As for the rest we account them Aliens from the Common-wealth of Israel and that live in the Kingdom of Darkness and that are in this present World without God Our Saviours Dominion is therefore over these as over Rebels over them as over dutiful and loving Subjects which things being in holy Scriptures so plain I somewhat muse at that strange position That Christ in the Government of his Church and Superiority over the Officers of it hath himself a Superiour which is the Father but in governing of Kingdoms and Common wealths and in the Superiority which he hath over Kingdoms no Superiour Again That the Civil Magistrates Authority commeth from God immediately as Christs doth and it subordinate unto Christ. In what Evangelist Apostle or Prophet is it found that Christ Supream Governour of the Church should be so unequal to himself as he is Supream Governor of Kingdoms The works of his Providence for the preservation of Mankinde by upholding Kingdoms not only obedient unto but also obstinate and rebellious against him are such as proceed from Divine Power and are not the works of his Providence for safety of God's Elect by gathering inspiring comforting and every way preserving his Church such as proceed from the same Power likewise Surely if Christ as God and Man hath ordained certain means for the gathering and keeping of his Church seeing this doth belong to the Government of that Church it must in reason follow I think that as God and Man he worketh in Church Regiment and consequently hath no more there any Superiours than in the Government of the Common-wealth Again to be in the midst of his wheresoever they are assembled in his Name and to be with them to the World's end are comforts which Christ doth perform to his Church as Lord and Governour yea such as he cannot perform but by that very Power wherein he hath no Superiour Wherefore unless it can be proved that all the works of our Saviours Government in the Church are done by the mere and onely force of his Human nature there is no remedy but to acknowledge it a manifest errour that Christ in the Government of the World is equal to the Father but not in the Government of the Church Indeed to the honour of this Dominion it cannot be said that God did exalt him otherwise than only according to that Human nature wherein he was made low For as the Son of God there could no advancement or exaltation grow unto him And yet the Dominion whereunto he was in his Human nature lifted up is not without Divine Power exercised It is by Divine Power that the Son of man who sitteth in Heaven doth work as King and Lord upon us which are on Earth The exercise of his Dominion over the Church Militant cannot choose but cease when there is no longer any Militant Church in the World And therefore as Generals of Armies when they have finished their Work are wont to yield up such Commissions as were given for that purpose and to remain in the state of Subjects and not as Lords as concerning their former authority even so when the end of all things is come the Son of man who till then reigneth shall do the like as touching Regiment over the Militant Church on the Earth So that between the Son of man and his Brethren over whom he reigneth now in this their War fare there shall be then as touching the exercise of that Regiment no such difference they not warfaring
consequently to the Ministry of the Church and if it be by Gods Ordinance appertaining unto them how can it be translated from them to the Civil Magistrate Which Argument briefly drawn into form lyeth thus That which belongeth unto God may not be translated unto any other but whom he hath appointed to have it in his behalf But principality of Judgement in Church-matters appertaineth unto God which hath appointed the High-Priest and consequently the Ministry of the Church alone to have it in his behalf Ergo it may not from them be translated to the Civil Magistrate The first of which Propositions we grant as also in the second that branch which ascribeth unto God Principality in Church-matters But that either he did appoint none but onely the High-Priest to exercise the said Principality for him or that the Ministry of the Church may in reason from thence be concluded to have alone the same Principality by his appointment these two Points we deny utterly For concerning the High-Priest there is first no such Ordinance of God to be found Every High-Priest saith the Apostle is taken from amongst men and is ordained for men in things pertaining to God Whereupon it may well be gathered that the Priest was indeed Ordained of God to have Power in things appertaining unto God For the Apostle doth there mention the Power of offering Gifts and Sacrifices for Sin which kinde of Power was not onely given of God unto Priests but restrained unto Priests onely The power of Jurisdiction and ruling Authority this also God gave them but not them alone For it is held as all men know that others of the Laity were herein joyned by the Law with them But concerning Principality in Church-affairs for of this our Question is and of no other the Priest neither had it alone nor at all but in Spiritual or Church-affairs as hath been already shewed it was the Royal Prerogative of Kings only Again though it were so that God had appointed the High-Priest to have the said Principality of Government in those maters yet how can they who alledge this enforce thereby that consequently the Ministry of the Church and no other ought to have the same when they are so farr off from allowing so much to the Ministry of the Gospel as the Priest-hood of the Law had by God's appointment That we but collecting thereout a difference in Authority and Jurisdiction amongst the Clergy to be for the Polity of the Church not inconvenient they forthwith think to close up our mouths by answering That the Iewish High-Priest had authority above the rest onely in that they prefigured the Soveraignty of Iesus Christ As for the Ministers of the Gospel it is altogether unlawful to give them as much as the least Title any syllable whereof may sound to Principality And of the Regency which may be granted they hold others even of the Laity no less capable than the Pastors themselves How shall these things cleave together The truth is that they have some reason to think it not at all of the fittest for Kings to sit as ordinary Judges in matters of Faith and Religion An ordinary Judge must be of the quality which in a Supream Judge is not necessary Because the Person of the one is charged with that which the other Authority dischargeth without imploying personally himself therein It is an Errour to think that the King's Authority can have no force nor power in the doing of that which himself may not personally do For first impossible it is that at one and the same time the King in Person should order so many and so different affairs as by his own power every where present are wont to be ordered both in peace and warr at home and abroad Again the King in regard of his nonage or minority may be unable to perform that thing wherein years of discretion are requisite for personal action and yet his authority even then be of force For which cause we say that the King's authority dyeth not but is and worketh always alike Sundry considerations there may be effectual to with-hold the King's Person from being a doer of that which notwithstanding his Power must give force unto even in Civil affairs where nothing doth more either concern the duty or better beseem the Majesty of Kings than personally to administer Justice to their People as most famous Princes have done yet if it be in case of Felony of Treason the Learned in the Laws of this Realm do affirm that well may the King commit his Authority to another to judge between him and the Offender but the King being himself there a Party he cannot personally sit to give Judgement As therefore the Person of the King may for just considerations even where the cause is Civil be notwithstanding withdrawn from occupying the Seat of Judgment and others under his Authority be fit he unfit himself to judge so the considerations for which it were haply no convenient for Kings to sit and give Sentence in Spiritual Courts where Causes Ecclesiastical are usually debated can be no barr to that force and efficacy which their Soveraign Power hath over those very Consistories and for which we hold without any exception that all Courts are the Kings All men are not for all things sufficient and therefore Publick affairs being divided such Persons must be authorized Judges in each kinde as Common reason may presume to be most fit Which cannot of Kings and Princes ordinarily be presumed in Causes merely Ecclesiastical so that even Common sense doth rather adjudge this burthen unto other men We see it hereby a thing necessary to put a difference as well between that Ordinary Jurisdiction which belongeth unto the Clergy alone and that Commissionary wherein others are for just considerations appointed to joyn with them as also between both these Jurisdictions And a third whereby the King hath transcendent Authority and that in all Causes over both Why this may not lawfully be granted unto him there is no reason A time there was when Kings were not capable of any such Power as namely when they professed themselves open Enemies unto Christ and Christianity A time there followed when they being capable took sometimes more sometimes less to themselves as seemed best in their own eyes because no certainty touching their right was as yet determined The Bishops who alone were before accustomed to have the ordering of such Affairs saw very just cause of grief when the highest favouring Heresie withstood by the strength of Soveraign Authority Religious proceedings Whereupon they oftentimes against this unresistable power pleaded the use and custom which had been to the contrary namely that the affairs of the Church should be dealt in by the Clergy and by no other unto which purpose the sentences that then were uttered in defence of unabolished Orders and Laws against such as did of their own heads contrary thereunto are now altogether impertinently brought in opposition against