this with Plato's saying Happy are the Commonwealths wherein either Philosophers are Kings or the Kings given to Philosophy Yet may not the Philosopher invade the Royall throne nor the King be thrust out of it that is no Philosopher It is objected The spirits of the Prophets are subject to the Prophets Many of the antients both Greek and Latine understand St. Pauls meaning to bee this They that are inspir'd with Prophecy must not all speak to the people at once but one expect the ending of the others speech for they are not like the possessed transported by the inspiration but so far Masters of it that they may use the gift of God without consusion and in that order wherewith God is best pleas'd and his people edified There is no cause to reject this Interpretation which the series of the Apostles discourse so fairly admits The other Interpretation that the Prophets ought to suffer other Prophets to judge of their Prophecies is not pertinent here For first seeing that singular gift of Prophecy as of healing and tongues was marvellously ordeined by God for the beginnings of the Church and is long since expired it cannot be applyed by way of argument unto our times And grant you may compare unto that admirable gift manifested also by the prediction of things to come the Theological skill what ere it be acquir'd by Humane labour yet will not they obteine their desire who would have all Pastors and them alone to be knowing in Theology for there are many Pastors not very expert and some that are not Pastors are of good skill in things Divine Lastly there being divers kinds of judgement as hath bin spoken the establishment of one is not the destruction of the other The same disease or wound fals under the judgement of the Physician and of the Judge if it come in question before him and of the sick man himself And when the Prophets judged in the Apostolicall Church it was said to every Christian Try the spirits yea St. John layes down a Rule by which every one of the faithfull might discerne the Spirit of God from the Spirit of Antichrist Whereunto answers that of Paul to the Thessalonians Quench not the Spirit Despise not prophecyings Try all things hold fast that which is best But without all question this Tryall and distinction of things is an act of judgement And in that place of the Apostle Let the Prophets speake two or three and let the other judge the most antient Fathers by the word other understand not the other Prophets only but all the people not without great reason when as elsewhere the discerning of Spirits is by the same Apostle distinguisht from the gift of Prophecy Whence it appears he meant either some gift Common unto Christians for Faith also is numbred among the Gifts distinct from the gift of miracles or a certaine excellent faculty to judge of Prophecies where with some that were not Prophets were endued The Apostle Paul himself bids the Corinthians judge what he saith And the Holy Fathers often appele unto the judgement of all the people So Ambroses Let the people judge in whose heart is writ the Law Divine All this we have alleg'd to manifest that the judgement of things Sacred and of the holy doctrine did at no time belong to the Prophets only Whence also it may be understood how poore their Evasion is who reply to the Arguments out of the old Testament and say the things there done by Kings were not done by them as Kings but as Prophets For if by the name of Prophet they meane some speciall Mandate of God was given them this is where the Scripture is silent a meer divination so far from certaine that 't is not probable What need any speciall Mandate when the Law was extant unlesse perhaps to incite the negligent but if by Prophecy they meane a clearer understanding of the Divine will proposed but darkly in those times we easily confesse they did as Prophets since they would have us say so know more certainly what was to bee commanded by them but they commanded as Kings And for that cause the Scripture in the narration of those affairs not content with the proper name added the name of King to signify the Right of doing proceeded from the Authority Royall and therefore to be imitated by Kings Wherefore letus also say when Christian Kings give Commandements about Sacred matters they have the Right to doe so as they are Kings the skill as Christians as taught of God having the Divine Law inscribed on their hearts in a clearer Print than those antient Kings and Prophets For many Kings and Prophets saith Christ to his Disciples have desired to see the things that ye see and have not seen them and to heare the things that ye heare but they have not heard them CHAP. VI. Of the manner of rightly exercising Authority about Sacred things WE distinguish the Right of the Highest Powers and the manner of Using their right for 't is one thing to invade that which is belonging to another and an other thing to use improvidently that which is ones own So great is the variety of things times places persons that we might here make a long discourse but we shall briefly collect what may suffice for our purpose First then it behooves him that hath the Supreme Authority both in the inquisition of that which is by Law Divine determined either to be believ'd or done and in consultation about what is profitable for the Church to lend a willing care to the judgement of eminent Pastors for their piety and learning That this is to be done in doubtfull matters reason and common sense demonstrates for one man cannot see nor heare all things therefore said the Persians A King must borrow the eyes and ears of other men By the Commerce and Society of wise men Princes become wise Which sayings if they are true in secular affairs how much more in Sacred where the errour is most dangerous For the proof hereof we need not allege examples it will be more worth our pains to consider how far the judgement of the Supreme Governour may and ought to acquiesce and rest in the judgement of Pastors We must note therefore that all Humane judgement is founded either upon internall principles or upon Externall the Internall are either objected to the sense or to the understanding by the former we judge the Snow to be white by the later we judge Mathematicall Propositions to be true because they are reduced to common notions The Externall principle is Authority or the judgement of another and that is either Divine or Humane no man doubteth but that in all things he must acquiesce to Divine Authority thority so Abraham judged it to be his duty to offer his Son So Noah believed the Floud would come But to Humane Authority no man is bound to acquiesce
such a nature that unlesse they be kept under they wil be above you the superstitious multitude do more hearken to their Preachers than their Governours Kings and Emperours have learned this at their cost and the Annals are full of examples One thing more for conclusion the experience of all ages tels us that change in Religion even in Rites and Ceremonies if it be not with consent or manifestly for the better often shakes the Common-wealth and brings it into danger Wherefore unlesse that curiosity be restrained by Lawes the State will often totter For these last reasons there are some even in the Roman Church that submit the Priest though by them otherwise exempted to the Power of the Prince CHAP. II. That the Authority or Rule over Sacred things and the Sacred Function are distinct ARistotle teacheth very well that it is not the part of an Architect as an Architect to set his hand to the worke but to prescribe what every one shall doe as right reason shall direct him and what he shall rightly appoint the workmen must rightly execute So it is the Rulers office not to doe the things commanded but to command them to be done But the Functions under command are of two sorts some are subject both by nature and order as effects proceeding from their cause some only by order In the former way under the Architect are the Overseers of the work in the latter the Carpenter the Smith and other Labourers So also to the Authority of the Highest Power are subject in the former way the offices that have in them Authority and Jurisdiction as the office of Major Governour of a town and the like In the latter way the Function of a Physician Philosopher Husbandman and Merchant Wherefore they fight with their own shadow who take great pains to prove that the Pastors of Churches as suen are not the Vicars or Deputies of the Highest Powers for who knows not that when Physicians neither can without mistake be stiled so But that the same Pastors as they receive some Authority or Jurisdiction beside their Pastorall office in respect of that accession may be called Deputies or Delegates of the Supreme Powers shall be shewed hereafter Wherefore when the Learned Deane of Lichfield proving that Priests are not therefore Superiour to Kings because Kings are commanded to aske Counsell of them uses this example that Kings advise with their Counsellours of State who yet are not their Superiors They misunderstand him who take his meaning to bee that these doe agree in all respects when 't is sufficient for a similitude that there be a correspondence in the drift of the speech otherwise even the Parables in the Gospel will be expos'd to censure Pastors are rightly compar'd to the Civill Officers in respect of the subordination not the emanation of their Office The Civill Officers are both Subjects to the Highest and Deputies the Pastors as such are only Subjects not Deputies The Authority over the Function and the Function it self being distinguished we must enquire Whether that Authority and the holy Function may be united in the same person Whereunto that we apply a fit answer a difference must be made between the Law of Nature and Positive divine Law By the naturall Law the same person may have the highest Authority and the Priesthood too because these have no such opposition but they may meet in one man Nay more set aside the Positive Law and some externall impediments it is in some sort naturall that the same Person be both King and Priest not so naturall as that it cannot be otherwise but as those things are tearmed naturall which are well agreeing unto nature and right reason For seeing Kings whose Dominions are not of the largest may easily joyne some peculiar Function to the care of their Kingdome as we have known Kings to have been Physicians Philosophers Astrologers Poets and very many Commanders in War and seeing no Function is more excellent and whence doe flow down upon the people so many benefits as the Priestly Office it appears that this above all other is most convenient and worthy of a King The consent of Nations doth evince it for in the first times when men were govern'd more by Domesticall than Civill Power the Fathers of families as all confesse did both represent some Image of Kings and performe the Priesthood also Thus Noah after the Floud was past offers sacrifice to God Of Abraham God himself saith He would instruct his Children and Family in the course of a Godly life We read also of the Sacrifices of Job and other Patriarchs After the Fathers decease as the Principality of the Family so the Priesthood too was devolved to the first borne and that custome continued in the posterity of Jacob for as yet they had no Common-wealth constituted untill the Levits that is the Priests and Ministers unto the Priests were surrogated and put in place of the first borne as the divine Law doth expresly tell us But in the meane time in the Country of Canaan there being a kind of Common-wealth we read of Melchisedec King and Priest The like was Moses before the Consecration of Aaron Other Nations of old had the same custome whether by the instinct of nature or the example of their Ancestors In Homer the Hero's that is the Princes Sacrifice and to omit other Nations the first Kings of Rome did so too and after the Kingdome was out there remained yet A King of the Sacred Rites It may be enquired whether those Fathers and Kings while the true worship of God lasted as it is credible it lasted among many of the Fathers for some Ages after the floud received the Priesthood by some speciall Title or challenged it to themselves by their Paternall and Regall Right Very learned men are of opinion that as some probably had the authority of the divine Oracle so others had it not nor is any such thing the Law positive being set aside requir'd to the constitution of a Priest Yea when the men of those times all the world over were bound as far as they knew him to honour God and to give him thanks as the Apostle convinces Rom 1. they were either bound every one to be Priests or to commend the Priesthood to some chosen men But it is the Fathers part to assigne all in the family their severall offices and among the rest the Priesthood as being by the Law of Nature not excepted and the function which he may assigne unto another the same if he be fit for it nature forbids him not to assigne unto himselfe What is faid of the Father let it be understood of the King and the rather because all confesse the free multitude in that first state had a right to choose themselves a Priest Which right of the Multitude is transferred upon the Highest Power For such Election consists of bidding and forbidding because one is licenced to
not the Vicars or Deputies of the Highest Powers all this diminisheth nothing of the right of Government as will appear by the examples of other things The power of Parems over Children of Husbands over their Wives hath its oâ—iginall not from any Humane Institution but from God himself yet who will deny these Powers though more antient to be subject to the Highest The Physicians function is from God the author of Nature as the Pastor's from God the author of Grace and from Nature and Experience he receiveth rules to execute his office not from the Highest Powers nor is he in their stead when he practâ—seth and yet for all this the Physician 's function is subject to the Supreme Authority There is the same reason in other arts and professions And that Pastors are not bound to obey the Highest Powers when their Commands or Prohibitions are contrary to Gods herein is nothing singular For every private man hath so much right and that in other things as well as Sacred Yea the Judge that receives his Commission from the Highest Power being comanded by the same to judge against right and reason is not bound to obey or rather is bound not to obey which comes to passe not because the private man or the Judge is not subject to the Highest Power none will imagine that but because both the Power and they are all subject unto God and when Commands are contrary the Superiour is to be preferr'd That which some allege that the Magistrate as they love to speak is not of the essence of the Church 1. That the Church can subsist although there were no Supreme Power or that Power not a friend to the Church is very impertinent for that we may speak in their phrase the Magistrate is not of the essence of any single man not of the essence of a Merchant or Husband-man or Physician yet are all these under the Higher Powers as reason teacheth and the Apostles authority This objection hath a better appearance The promise made to the Church in the Prophet Kings shall bow down to her with their face toward the Earth and lick up the dust of her feet which words rather seem to subject Kings to the visible Church than the Church to Kings This Argument the Papists often use But truly if as Esdras and his Companions once so wee interpret the Scripture by the Scripture comparing together what was dictated by the same Spirit we shall easily find the honour of which the Prophet speaks is proper and peculiar unto Christ which the Psalmist expresses almost in the same words and it is given to the Church for Christ spiritually reigning in it as under the old Testament we read the Arke to have been adored There is therefore a Trope in that prophecy neither can the words be rigidly pressed without transferring that Majesty to the Church which agrees to Christ alone the Prince of the Kings of the earth That saying which is so much cryed up by the Papists that the Emperour is within the Church not above the Church is most true of the Church Catholick that never was never will be under one King but it must be taken warily of the visible Church of one kingdome so as not to deny the Superiority of the Empire for a King that properly bears the name of King is not only Superiour to the people taken severally but to the whole people altogether Nor is this understood of unbelieving people only of whom Christ hath said The Kings of the Genâ—â—les bear rule over them but even Gods own people Israel thus speak A King shall be over us And Christian people are taught Subjection to the unbelieving Kings by Paul and Peter Whereupon is that of Chrysostome If this berequired under Pagan Kings how much more ought it to be under Kings that are believers Nor is it materiall that pious Authors sometimes say Kings doe service to the Church for they mean only that they doe consult and provide for the commodities thereof In which sense also the old Pagans call'd a Kingdome Service So doth the Shepheard serve his flock the Tutor his Pupill the Generall his Army and yet the Flock is not above the Shepheard nor the Pupill above the Tutor nor the Army above the Generall For they that govern serve by the office of consulting and graciously providing as Austin speaks Kings therefore may be said to serve the Church not to be servants of the Church in that sense as service signifies subjection For Saul is not the servant of Israel but Israel the Servants of Saul and specially Abimelech amongst the Priests as David among the Peers So is Sadoc the Priest the servant of David and Solomon Wherefore also the greatest Synods being as it were a Compendium of the whole Church living under the Roman Empire salute the Emperours by the name of their Lords Certainly as a Father hath equally the Rule over his family whether believing or not so the peoples right Religion diminisheth nothing of the Right of the Highest Power Some think this a very strong argument against the Authority asserted to the Highest Powers that the Sacred Function of Pastors is conversant about Kings also not only as the Gospel is in generall preached unto them among the rest but as by the Ministry of the Keys it is applyed to them in particular But the weaknesse of this Argument is convinced by like examples for what Function is not conversant about the King Husbandmen Merchants and the like the King stands in need of but to come nearer the Physician cures the King as well as his Groome and prescribes to both what may conduce to their recovery moreover the Counsellour of State is employ'd about the King not only as a man but as a King Yet no man hath been so unwise to exempt either the Persons or Functions of any of them from the Highest Authority and loose them from the bonds of Humane Lawes We must come now unto them who think all Authority about Sacred things so to belong unto Christ alone that Kings cannot be partakers of it because he is sufficient alone for the Administration of his Kingdome and needs not the help of a Deputy That we may satisfy these men the actions of Christ must be distinguished His Legislation and his finall Judgement are peculiar to him In his Legislation is comprehended not only a more plaine promulgation of the Divine Law mis-interpretations being rejected and the difference laid open between the things which God alwaies approved and those which he did wink at or beare with for a time but also the constitution of the Evangelicall Ministry and Sacraments with the abrogation of the Ceremoniall Law His finall Judgement conteins the condemnation of some and the absolution of others with exhibition of the reward Which being done Christ shall put off the Administration of his Kingdome and yet retein the Majesty of a King for
〈◊〉 quorum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ferre oportet meminerint officâ—i esse sui ne quid Resp Ecclesiastica detrimenti capiat videre Clero dignitatem conciliare Et populum antiqua sub Religione tueri Da veniam erudite Lector Vale. Scripsi Decem. 17. 1650. The Method of every Chapter CHAPTER I. 1. THE State of the question 2. An argument from the Unity of the matter proved by Scripture 3. And by Naturall Reason 4. An argument from the Univer sality of the end proved by Scripture 5. And by Philosophy 6. The Right vindicated by direct Authority of Scripture 7. By the consent of the Antient Christians 8. And of the Reformed 9. And of the Heathens 10. With respect unto eternall happinesse 11. And unto temporall prosperity 12. Which follows true Religion by verâ—he of Divine providence 13. And by its own nature 14. More Reasons added CHAP. II. 1. ALL Functions are under command 2. Some by emanation 3. The Supreme Authority and the Sacred Function united in the same person by the Law of nature 4. It was so before Moses and after among the nations 5. The Supreme Authority and Sacred Function separated by the Law of Moses 6. And by the Christian Law 7. Sacred names and Privileges given to the Highest Powers CHAP. III. 1. INternall actions not subject to the Highest Power but in relation to externall 2. Actions either determined or not determined before any Hâ—mane Command 3. Actions determined by Law Divine either naturall or positive 4. Actions undetermined are the matter of Humane Law and also determined both because of their adjuncts and of a new Obligation 5. Actions not under Humane Command are only those that are repugnant to Divine Law 6. Commands repugnant to Divine Law bind to a non-residence And wherefore 7. Subordinate powers not exempt from that Obligation 8. Examples alleged to the contrary answered 9. Difference ' twixt Internall actions and Externall 10. What God commands cannot be forbidden by man with validity 11. How Religion is not subject to humane power 12. How it is subject 13. The Highest Power may determine any actions not afore determined by God 14. Resistance under colour of Religion unlawfull proved by Scripture and Examples and Objections answer'd 15. Not so many particulars in Sacred things as in Secular under humane power with the reason of it CHAP. IV. 1. OBjections answered And first that Christ instituted the Pastorall Office 2. That the Magistrate is not of the essence of the Church answer'd 3. An Objection out of Esay answer'd Whether Kings are under the Believers or Church 4. That Kings are under the Pastors function answer'd 5. The Objection taken from the Kingdome of Christ answer'd What that Kingdome is and whether he hath Vicars 6. Pastorall Government overthrows not the Authority of the Highest powers 7. Distinctions of Government Directive and Constitutive By Consent and by Command Supreme and Inferiour By Emanation and by Subjection 8. Pastors have no Coactive or temporall power proved by Scriptures and Fathers 9. Their Government suasory and Declarative 10. The Church hath no power of Command by Divine Right 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 13. The Authority of the Highest powers not overthrown by the directive and Declarative Regiment of Pastors 14. Nor by the Constitutive 15. Nor by any temporall given them by positive Law CHAP. V. 1. THe word Judgement explained 2. It pertains to the Highest power 3. Notwithstanding that they may erre 4. And notwithstanding that Christ is the Supreme Judge 5. How the Scripture is Judge 6. How the Pastors and the Church is Judge 7. Understanding is required to Judge 8. The Highest powers capable of sufficient understanding 9. Divine things are easy to be understood 10. Help from God by prayer 11. Piety also requisite in the Highest powers to enable them to judge 12. A distinction 'twixt the Rectitude and the Validity of an action applyed 13. Infidel Princes may judge of Sacred things Examples hereof 14. And the Reason of it 15. Catechumens not excluded from judgement 16. Right to judge is one thing Ability another Illustrated by Similies 17. The judgment of the Proâ—hets I Cor. 14. 31. not privative of the Highest powers 18. The Kings of the old Testament judged not as Prophets only but as Kings CHAP. VI. 1. THe Right of command and the Use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Powers 3. Principles of faith Intrinsecall Extrinsecall These Divine and Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is fit to rest in Humane Authority 7. No man may pin his faith of salvation upon another proved by Scripture and Reason 8. In matters not determined in Scripture more may be given to humane judgement 9. The Prince must use his own judgment Especially where Counsellours doe not agree 10. An Objection out of Deut. answer'd 11. Another out of Numbers 27. 12. Care must be had of the Churches Peace and Unity 13. Cautions and rules conducing to Unity Few divisions in points of Faith 14. And those in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How to preserve Unity in point of Ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall rules have their exceptions and whence 19. The distinction of power Absolute and Ordinary erroneous 20. Highest Powers how far obliged to their own Laws CHAP. VII 1. WHat we meane by Synods 2. No precept in Scripture for them 3. Their Original not from Acts 15. 4. But from the Law of nature which is distinguisht into Absolute and After a sort 5. Synods not from the Law naturall absolute 6. Synods under the Pagan Emperours by what right 7. Synods called by Christian Emperours 8. Three questions about Synods 9. Whether the Highest Power may govern without a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsel Consent Jurisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in Synod 14. Synods sometimes hurtfull 15. What may serve in their stead 16. Other causes to deny Synods beside the generall corruption of Religion 17. What is to be done till a free Council may be called 18. Synods not calla without the H. power 19. II Whether the H. power may choose the Synod-men and judge in Synod 20. The right of the Primitive Church And the assembling of Bishops 21. The Emperours encyclic letters to the Metropolitan 22. The H. power may elect Pastors for the Synod prov'd by reason and examples 23. When the election is permitted to others the H. power hath command over it 24. The H. power may judge in Synod 25. Whether it be expedient or no in person 26. The Highest powers present in
joyned 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall 9. Benefices not the Popes Patrimony 10. The Custome of Holland 11. All Patronages subject to the Highest Power 12. Inferior Powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox THE END An Advertisement to the Stationer SIR IF it be objected as a friend of mine conjectured it might that the work is any way opposite to the present Government speaking so much of Kings and Emperors The answer is That the Judicious Author distinguisheth between Kings absolute and such as are confind or bound up by Laws and cannot act without or against a Parliament See cap. 3. Sect. 8. So that This treatise doth not presume to dispute the States Authority 't is ill disputing with those that command Legions but presupposing that humbly shews them what they may and ought to doe on behalf of the Church And in the very first page you find all the Book is written of the Highest power whether King or Senate And these are the Authors words at the end of 15. Sect. Chap. 11. A Senate without a King is as it were a King This I thought sit to advertise to prevent jealousy Fare you well And remember 't is one of the best pieces of the excellent Grotius Courteous Reader These Books following are to be sold by Joshua Kirton at the Kings Arms in Pauls Church-yard Books of Divinitie and Sermons 1. THe Truth of Christian Religion proved by the Principles and Rules taught and received in the Light of the understanding in an exposition of the Articles of our faith commonly called the Apostles Creed written by a learned Author lately deceased in Folio 1651. 2. A Concordance Axiomaticall containing a Survey of Theologicall Propositions with their Reasons and Uses in holy Scripture by William Knight in fol. 3. Certain Sermons or Homilies appointed to be read in Churches in the time of Queen Elizabeth and now reprinted in folio 4. Compunction or pricking of heart with the time means nature necessity and order of it and of Conversion with motives directions signes and means of cure of the wounded in heart with other consequent or concomitant duties especially self-deniall All of them gathered from Acts 2.37 being the summe of 80. Sermons With a Postscript concerning these times and the sutiableness of this text and Argument to the same and to the calling of the Jewes By R. Jenison Doctor of Divinity in quarto 5. A plain Discovery of the whole Revelation of St. John in two Treatises 1. Searching and proving the Interpretation 2. Applying the same paraphrastically and historically to the text with a Resolution of certain doubts and annexion of certain Oracles of Sibylla by John N pier Lord of Marchiston in quarto 6. The Government and order of the Church of Scotland with an Astertion of the said Government in the points of Ruling Elders and of the Authority of Presoyteries and Synods in quarto 7. A Treatise of Miscelany questions wherein many usefull questions and cases of Conscience are discusted and resolved concerning the Controversies of these times by George Gillespie of Scotland in quarto 8. An Answer to the ten Reasons of Edmund Campian the Jesuit in confidence whereof he â—ftired Disputation to the Ministers of the Church of England in the Controversie of Faith by William Whitaker Doctor of Divinity in quarto 9. Jo. Hen. Alsieduis his discourse of the 1000. Apocalypticall years or the Saints reign on earth a thousand years Englished by W. Burton in quarto 10. Letters concerning Religion between the late Earle of Manchester Lord Privy Seâ—l the Lord Faulkland and Mr. â—aâ—â—er Montaguc in quarto 11. Truth Asserted by the Doctrine and practice of the Apostles seconded by the â—estimony of Synods Fathers and Doctors from the Apostles to this day viz. that Episcopacy is Jure divino by Sir Frantis Wortley in quarto 12. An Answer to the chief Arguments for Anabaptisme by Doctor John Bastwick in quarto 13. Two learned Discourses 1. on Mathew 28.18 19. 2. on 2 Peter 2.13 written by a learned and worthy Gentleman larely decâ—ased in octavo 1651. 14. Popular Errors in generall points concerning the Intelligence of Religion having relation to their causes and reduced into divers Observations by John Dâ—spagne Minister of the French Church in octavo 15. New Observations upon the Creed with the use of the Lords Prayer maintained by John Despagne in octavo 16. The same in French 17. New Observations upon the Commandements by John Despagne 1651. 18. The same in French 19. The Abridgement of a Sermon preached on the Fast day for the good successe of the Treaty between the King and Parliament 1648. by John Despagne 20. The same in French 21. Sermon Funebre de Jean Despagne sur la mort de sa Femme in octavo 22. Advertissement touth out la fraction distribution du prin en la S. cene obmises en plusieurs Eglises Orthodoxes par Jean Despagne in octavo 23. A Monument of Mortality containing 1. A wakening for worldlings 2. Meditations of Consolation 3. Comfortable considerations preparing the sick for an happy change 4. A Mirrour of modesty with a reproof of the strange attired woman and the sacred use of Christian Funerals by M. Day Doctor of Divinity in octavo 24. Plain truths of Divinity collected out of the Sacred Scriptures particularly of the destruction of Antichrist and the time when the comming of Christ to Judgement and his raigning with his Saints for ever upon this earth after the restitution of all things by John Alcock in octavo 25. Herberts carefull Father and pious Child lively represented in teaching and learning a Catechisme made in 1200 Questions and Answers in which the Catholick truth is asserted and above 600 Errors Heresies and points of Popery are briefly consuted in octavo 26. Herberts belief and confession of faith made in 160. Articles in octavo 27. Herberts quadrupartite devotion for the day week month year made in about 700. Meditations and Prayers in octavo 28. Meditations on Christs prayer upon the Crosse Father forgive them for they know not what they doe by Sir John Hayward in octavo 1651. 29. Davids Tears or Meditations on the 6.32 and 130. Psalmes by Sir John Hayward in twelves 30. The Devotions of the dying man that desireth to dye well Written by Samuel Gardiner Doctor of Divinity in twelves 31. A Beautifull Bay-bush to shrowd us from the sharp showres of Sin containing many notable Prayers and Meditations in twelves 32. A Grain of Incense or Supplication for the peace of Jerusalem the Church and State written by John Reading in octavo 33. An Evening Sacrifice or prayer for a family necessary for these calamitous times made by John Reading in octavo 34. Character of true blessedness delivered in a Sermon at the Funerall of Mistris Alice
18. The Church hath no Power of command by Divine right 2 Cor. 10.4 Eph. 6.17 Phil. 3.20 11. The Church hath a Government Constitutive by consent proved by reason and examples of Scripture Col. 2.16 Act. 20.7 1 Cor. 16.2 Apoc. 1.20 12. The Supreme Authority compatible to the Church the Inferiour only to Pastors 1 Mac. 4.59 13. The Authority of the H. Powers not overthrown by the directive declarative regiment of Pastors 14. Nor by the constitutive 14. Nor by any tâ—mporall power given them by Positive Law 1. The word Judgement explained 2. It pertains to the Highest Power 3. Notwithstanding that they may eâ—â—e 4. Notwithstanding that Christ is Supreme Judge 5. How the Scripiture is Judge Jo. 7.51.12.48 6. How the Pastors and the Church is Judge 7. Understanding is required unto Judgment Deut. 17.8 Jos 1.8 8. The Highest Powers capable of sufficient understanding 9. Divine things that are necessary are easy to bee known Rom. 12.3 10. Heln from God by Prayer Ps 72.1 Ps 51.8 1 Reg. 3. Num. 11.27.25 Dent. 34.9 Heb. 1. Mâ—â— 13.8 Rom. 10.8 â— Cor. 4.3 4 Num. 1.29 1 Tim. â— 4â— 11. Piety is also required in the Higher Powers to enable them to judge Deut. 17.19 Jos 1.7 8. 1 Tim. 1.6.7 12. A distinction 'twixt the rectâ—tude and the validity of an action applyed 13. Insidel Princes may judge of Sacred things Examples hereof Act. 14. 14. And the reason of it De bone persev cap. 14. Jo. 5.30 Act. 17.11 15. Catechumens not excluded from Judgement 16. Right to judge is one thing Ability another And this illustrated by Siâ—ilâ—cs 1 Cor. 14.31 17. The Judgment of the Prophets not privative of the Highest Powers Deut. 18.22 1 Jo. 4.1 1 Thes 5.19 20 21. 1 Cor. 14.29 1 Cor. 12.9 1 Cor. 11. Epist 33. 18. The Kings of the old Testament judged not as Prophets only but as Kings Luke 10.24 1. The Right the use of it distinct 2. Pious and learned Pastors to be consulted by the Highest Power 3. Principles of Faith Intrinsecall Extrinsecall Divine Humane 4. Of Divine Authority proposed by men 5. And the state of the question 'twixt Protestants and Papists 6. When 't is sit to â—rest in humane Authority 2 Cor. Hom. 13. 7. No man may pin his faith of salvation upon another proved by Scripture and reason Rom. 4.3.10.17 Jo. 4.28 Mat. 15.9 1 Thes 2.13 8. In matters not determined by Scripture more may be given to Human Judgement 9. The Prince must use his own judgement especially where Counsel louis doe not agrec 10. An objection out of Deut. answered Deut. 17.8 Mâ— 23.2 Deut. 17.12 11. Another out of Numb 27. Tit. 2.11 12. Care must be had of the Churches Peace and Unity Jo. 13 35. Act. 4.32 13. Cautiions and Râ—les conducing to Unity Fâ—w Decisions in points of Faith 14. And those in in Generall Councils 15. Ecclesiasticall Laws deliver'd in a persuasive way 16. How top eserve unity in point of ceremonies 17. Highest Powers need the Ministry of others 18. Prudentiall Rules have their exceptions and whence 19. The Distinction of power absolute and ordinary erroneous L. 3.d de Leg. 20. Highest powers how far obliged to their own Laws Nov. 105. 1 Cor. 6.12.23 L. â—non omne d. de reg jur Pro Rabir. 1. What we mean by Synods 2. No Precept in Scripture for Synods 3. Their Original not from Act. 15. Act. 15.3 4. But from the Law of Nature with a distinction of the Law of Nature Absolute After a sort 5. Synods not from the Law of Nature absolute 6. Synods under the Pagan Emperours by what right Act. 24.14 6. Synods called by Christian Emperours 8. Three Questions about Synods 9.1 Whether the H Power may govern withour a Synod 10. The affirmative proved by examples 11. Three ends of Synods yet not necessary Counsell Consent Jarisdiction 12. Synods sometimes not usefull 13. Accusers may not be Judges in a Synod 14. Synods somtimes hurtsull 1 Cor. 3.13 Phil. 3.15 15. What may serve in their stead 16. O. her causes to deny Synods beside the generall corruption of Religion Epist 24. In 4. prac loc 5. 17. What is to be done till 2 free Councill may be called 18 Synods not cald without the Highest Power 19. Whetther the Highest power may choose the Synod-men 20. The Right of the Primitive Church And the Assembling of Bishops Acts 15.2.12 21. The Emperours encyclic letters to the Metropolitans 22. The Highest Power may elect Pastors for the Synod Proved by reason and examples 1 King 22. 23. When the election is permitted to others the Highest Power commands â—â—â—veri 24. The H. Power may judge in Synod 25. Whetheir it be expedient or no in person 26. The Highest Powers present in Synods by their Deputies 27. III. What is the Highest Powers right after Synod The Epicrisis wherein is contain'd right to change to adde to take away 28. An objection answered D. quando appell 28. The manner of giving the Epicrisis or finall judgement And of Appeal Dio. 29. The Epicrisis in parts of Religion as well as in the whole 1. The severall acts of Authority are Legislation Jurisdiction and another without speciall name Mat. 8.9 2. Wherein is Legislation 3. It belongs to the Highest Power about the whole Body of Publick Religion 4. Answer to the Objection of the change of Religion Pro. 25.1 5. Religion must not be brought in by the force of subjects Deut. 7.5 6. False Schismaticall worship by the Highest Power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppeslion of unprofitable questions Soâ—â—m 1.7 c. 12 〈◊〉 cleric D. de sum â—â—init And of words not found in So pure Nâ—â—â—on De side 10. The Regulating of Church mens conversation Novel b.c. 11. In Greg. 4. 11. Lawes about things undetermined by Divine Law And that beside the Canons 12. Yet the Canons are of use in the making of Lawes 13. No Legislative Power belongs to the Church by Divine Right 14. Yâ—t it may be granted by the Law Positive cumulatively nâ—tâ—rivatively and not without subordination and dependence Come Tolet. 6. can c. 15. How Kings have confessed themselves bound by Canons 16. The Canons dispensed with by Emperours 1. Examples hereof even in the Apostolicall 1 Tim. 3.6 1 Tim. 5.9 17. Divine Lawes also moderatâ—d by equity Let â—â— 7.10 22. 1. Jutisdiction about Sacred things belongs to the Highest Power 2. The effects of it are declared Ep. 3. v. 10 3. Jurisdiction properly so called belongs not naturally to the Pastors 4. Yet by Law Positive it belongd to them in some Nations Cic. l. 4. ad Attic. Deâ—â— 17.8 L. 3. devit Mos 5. Pastoral acts of Divine Right which seeme to come neer to Jurisdiction and yet are distinct from it 6. The Apostolicall rod. 1 Cor 4.21 2 Cor. 13.10 10.6.13.2 Acts 4.13 1 Tim. 1.20 1 Cor. 5. Acts 3.12 1 Cor. 5.2 Gal.
HUGO GROTIUS OF THE AUTHORITY OF THE HIGHEST POWERS About Sacred things OR The Right of the State in the Church Wherein are contained many judicious Discourses pertinent to our Times and of speciall Use for the Order and Peace of all Christian Churches Put into English by C.B.M.A. The Method of every Chapter is added in the margent and collected at the end LONDON Printed by T.W. for Joshua Kirton and are to be sold at his shop in Pauls Church-yard at the signe of the Kings-Armes 1651. Upon the Author and his principall Works He who the Greek wise Sayings did translate With equal Pen to Latium Vindicate From Jew Turk Pagan our Religion's Truth As learned as the Aged in his Youth He who th' Hollandian States Piety Presented unto every impartiall eye Who in the Lawes of Peace and War all Nations Hath well instructed And in 's Annotations On the whole Book of God hath made that light Shine to unprejudiced mindes more bright He that was studious how to reconcile This and that Church in mild Cassanders slile Hath shown what doctrine was Pelagius Who 's older Calvin or Arminius Is ever like himself Here which is much He 's Moderator ' twixt the State and Church And clearly shews you when you may prefer To th' Ancient Bishop the young Presbyter And when that new Invention may please By Elders Lay to give the Pastor ease We'ave set it out with just Care lest we might Wrong th' Author who hath done the State such Right C. B. THE CHAPTERS I. THat Authority about Sacred Things belongs to the Highest Powers II. That this Authority and the Sacred Function are distinct III. Of the Agreement of things Sacred and Secular as to the power over them IV. Objections against the Powers Answered V. Of the Judgement of the Higher Powers in Sacred things VI. The manner of using this Authority rightly VII Concerning Synods or Councils VIII Of Legislation about Sacred things IX Of Jurisdiction Ecclesiasticall X. Of the Election of Pastors XI Concerning Offices not alwayes necessary XII Of Substitution and Delegation To the Illustrious Pair my Lord and my Lady CHANDOS Right Honourable IT is the Great Name of the Author not any worthiness of the Translator that gives this Book a capacity of so high a Dedication The Author born in a low Countrey hath by his excellent works both Divine and Humane raised himself to the just Repute of the most General and the wisest Scholar of his time So that it is become a character of an Ingenuous Student as it was said in the last Age of his Country-man the Great Erasmus to be well versed in the Books of Grotius Out of whose Magazine our best English Writers to their praise have borrowed some of their best furniture The Argument of this Work is worthy the study of Princes and Great Persons From whom certainly God expects a greater care of his Churches Peace and Order To which purpose the Grave Author hath here said some things first of all some with a better Grace than any other and some that although they have been said very well by our own Men yet perhaps will be better taken as the English humour is from the Pen of a stranger The Translator's Designe is partly publick in this scribling Age wherein yet we have need of more good Rooks to Out the many bad ones to cast in his Mite into the Treasury of the Church of England whom as the Moderate Author much honour'd so He professeth himself to be one of her poor Children partly private by this Dedication of it with Himself to your Honours to leave a Gratefull Monument and a lasting Monument he hopes in those Gracious Hands that have supported him in his worst and weakest Times May Your Honours Both live to see the Publick Breaches both of Church and State fairly made up and particularly the Ruines of your Sudely And may Your illustrious Names and Vertues live after you and be increased in your Children So prayeth Right Honourable Of all your Servants the most obliged the most humble BARKSDALE Sudeley Jan. 6. 1651. HUGO GROTIUS Of the Empire or Authority of the Highest Powers about Sacred things or in matters of Religion CHAP. I. That Authority about Sacred things belongs to the Highest Powers BY the Highest Power I understand a Person or a Company that hath Empire or Authority over the People subject to the Empire of God alone taking the word Highest Power not as it is sometimes taken for the Right it self but for Him that hath the Right as it is frequently used both in Greek and Latin To call such a person the chiefe Magistrate is improper for Magistrate is a name the Romans give only to inferiour Powers I said a Person or Company to expresse that not only Kings properly so called which most Writers call Absolute Kings are to be understood in that name but also in an Aristocracy the Senate or States or the Best by whatsoever other name For although there must be Unity in the Highest Power it is not necessary the Person be but One. By Empire or Authority we mean the Right to Command to permit to forbid We say this is subject only to God for therefore it is called the Highest Power because among men it hath none above it That Authority about Sacred things belongs to the Highest Power thus defined we prove First from the Unity of the matter about which it is conversant Paul saith He is the Minister of God a revenger to execute wrath upon him that doth evill Under the name of Evill is comprehended also all that which is committed in Holy things for the Indefinite speech signifies as much as the Universall which Solomon hath expressed A King that sitteth in the throne of Judgement scattereth away ALL evill with his eyes This is confirmed by a Similie for the Authority of a Father is lesse than of the Highest Power yet are Children commanded to obey their Parents in all things Thus doe the antient Fathers also reason when from that of Paul Let every soule be subject to the Higher Powers they infer that the Ministers of Holy things must as well be subject to them as other men although he be an Apostle although an Evangelist although a Prophet saith Chrysostom Whose footsteps Bernard following speaks in these words to an Archbishop If every Soule yours also who hath excepted you from the Universall And truly there can be no reason given why any thing should be excepted For if that which is excepted be subject to no Authority at all which who can prove there will follow confusion among the things exempted whereof God is not the Author or if it be subject to some other Authority not under the Highest Power there must then bee two Highest Powers distinct which is a Contradiction for the Highest hath no equall By this same Argument the Fathers disprove the multitude of Gods because that which is Highest is above
of the Gospel for Kings are Pastors too and that of the Lords flock yea Pastors of the Pastors as a Bishop once call'd King Edgar though distinct yet agree in this that the same which is the Pastors only care is the principall care of the Highest Powers namely that Divine things may be rightly ordered and the Salvation of men procured we need not wonder if the Highest Powers for the community of the matter and the end receive sometimes the title of the other Function Hence it was that Constantine call'd himselfe a Bishop and other Emperours had the title of Renowned Pontifs or Priests In the Emperour Martianus the Roman Bishop extolls his Priestly mind and Apostolicall affection and Theodoret mentions the Apostolicall cares of Theodosius As the names so the privilege of the Function hath been given to Emperours The sixt generall Synod forbiddeth Laicks to approach the Altar i.e. the Table of the Lord but the Emperour is excepted Upon which place Balsamo Bishop of Antioch observes how the Emperours were wont to Seale with Wax as the Bishops of that time did and to instruct the people in Religion Now if the Emperours were called as we have shewed they were Bishops and Pontifs and Priests there was then no cause of upbraiding some English writers for attributing to their King a certaine spirituall power seeing the name is often imposed not from the manner of working but from the matter as we call the Laws military nauticall rurall Wherefore the Kings power is also spirituall as it is conversant about Religion which is a spirituall thing CHAP. III. How far sacred and profane actions agree as to the right of having Command over them FIrst let us see what kind of actions for about them Authority is properly conversant may be the matter of command and then what effect the command may have in the severall kinds Actions are first divided into externall and internall The externall are the primary matter under humane power the internall are the secondary nor for themselves but by reason of the externall and therefore about the internall which are wholly separated from the externall and respect them not humane commands are not given Hence is that of Seneca He erres who thinks the whole man can be subdued for the better part is excepted and that common saying Thought is free The reason is because Government re-requires some matter which may fall under the Governours knowledge but God alone is the searcher of hearts and hath the sole Empire of them Unto men the internall acts of others are uknown by their own nature by their own nature I therefore adde because the externall that are done in secret are under Government for by their nature they may be known I said internall acts are subject to command secondarily that comes to passe two wayes either by the intention of the Ruler or by a kind of repercussion in the first manner where the inward act is joyned with the outward and hath influence upon it for the mind is esteemed in offences either perfected or begun in the latter when because any act is made unlawfull by the interdiction of the Ruler for we must be subject not only for wrath but for conscience sake by thought to intend that action is unlawfull not as if humane Law were properly made for the thought but because no man can honestly will that which is dishonest to be done Another partition of Actions is this that before any thing is by men ordain'd concerning them they are either morally defin'd or indefinite Morally defin'd I call those which are either due or unlawfull those may be said to be morally necssary those morally impossible as in the Law dishonest things are all expressed by that word This determining of Actions before any Act of humane Authority ariseth either from their own nature as to worship God is due to lye unlawfull of it self or from the Positive divine Law Those of the former sort are referred to the Law naturall but lest any be deceived by the ambiguity of the word naturall not only those Action are called naturall which flow from principles known by nature but those also which come from naturall principles certainly and determinatly For naturall in this argument is opposed not to Supernaturall but to Arbitrary So when as it is certaine God the Father Son and Holy Spirit are one true God that the same God be worshipped is a point of naturall Law Actions of the latter sort that is determined or defin'd by divine Positive Law are such as were prescrib'd by God some to all men some to one people some to single persons namely to Abraham Isaac Jacob Moses and other servants of God Among all people to Israel alone God prescribed many Positive Lawes pertaining to Religion and other things To all mankind some things were commanded for a time as the Law of the Sabbath presently upon the Creation as some think the Law of not eating bloud or the strangled after the floud Other things to last for ever as the Institutions of Christ concerning Excommunication Baptisme the Supper and if there be any more of that kind These things being understood it may seeme that such Actions only are the just matter about which Humane Authority is exercised which by Divine are left indefinite and free either way For Aristotle describes that which is legally just to be that which from the beginning was indifferent thus or thus but after the Law made ceaseth to be so And this is true if we only look upon such an act of Authority which intrinsecally changeth the action for when as the things that ought to be done and the things unlawfull are determined and therefore immutable as to morall good or evill it follows that indefinite actions are left as the only matter of such a change Neverthelesse when the things that ought to be done and those that ought not are capable of a change extrinsecall and may receive it from humane Authority it is manifest they are Subject to the same Authority unlesse they be actions mecrely internall Hither it pertâ—ins to assigne the time place manner and perâ—â—ns for performing of due actions so fâ—r as the circumstances are undefin'd by the nature of the thing and the Law of God also to take away impediments and sometimes to adde rewards and to restraine unlawfull actions by such punishments as are in the Rulers power or else to inflict no punishments which is call'd permission of the fact and is sometimes no fault To him that looks more narrowly into these things it will appeare that by humane command there ariseth a new Obligation even in Conscience though of lesse degree in the things which men were before bound to doe or leave undone For the divine Law of the Decalogue saying to the Jew Thou shalt not kill Thou shall not steale and the rest not only declar'd what was of the Law naturall but by the precept
preme or of some other originall these later ordinary as that perpetuall and primitive Government of the Father over his family whence ariseth the authority of the. Pedagogue and Tutour extraordinary such as God gave by speciall Commission to some men under the old Testament The Powers derived from the Supreme either have received a right both to oblige and to act as the Praetorship or to oblige only as the Power of a Delegate Without a right to oblige there is no Power for this is as it were the naturall effect thereof Let us now apply all this unto Pastors and Churches The Apostles are forbid by Christ the Presbyters or Pastors by the Apostle to rule as Lords over Gods heritage the word is applyed to Kings Lu. 22.23 and that is not only forbid but to exercise authority which as distinct from the other is given to Great ones Mat. 20.25 Mar. 1.42 By the name of Great ones are understood such Princes as the Ethnarchs of the Jewes which were stiled Euergetae as we may see in Josephus whence that of Luke may receive some light They that exercise Authority over them are called Euergetae benefactors If therefore such right as the Highest Powers have and such as the Inferiour Powers have be denyed Pastors it followes that all Power is denyed them Christ himfelf respecting his state of a servant denies his kingdome to be of this world denyes which is lesser that he was made a judge And unto the same state he called his Apostles We have not saith Chrysostom such power given us that by authority of sentence we can restrain men from offences And saith Bernard I read that the Apostles stood to be judged I find not that they sate in judgement Pastors are call'd in Scripture by the name of Embassadours Messengers Preachers whose part it is to declare the Authority of another not to oblige men by their own Their Commission is to speak what they have heard to deliver what they have received and no more The Apostle himself concerning Virgins because he had no commandement from the Lord dares command nothing only he gives Counsell withall declaring â—would be no sin in her that should do otherwise and admonishing the Corinthians to help those of Jerusalem by some extraordinary largesse he addes not of neceßity the reason whereof went before I speak not by command The Government therefore which is given to Pastors when they are said to guide to rule to feed to be set over the Church ought to be referred to the declarative kind or to that which meerly consisteth in persuasion Where the Apostles or Pastors are read to have commanded it is to be interpreted by that figure by which they are said to remit and retain sins that is to declare them remitted or retained Nor is that to be taken otherwise when God saith he set Jeremy to destroy kingdomes that is to pronounce the destruction of them So also in those Letters of the Elders and Brethren to the Churches of Sytia and Cilicia these words to impose a burthen are to be expounded in like sort for there is no new burthen imposed upon the Christians then it would follow that fornication the avoyding whereof is a part of that burthen was lawfull before this decree but the duty of Christians is declar'd out of the divine Law which would have free actions directed to the furtherance of other mens salvations and all offences carefully avoided That the Church hath no Commanding Power by Divine right appears because the Sword is the instrument of that power by the Sword is meant coërcive force but the armes of the Church are not carnall neither hath She received any Sword from God but the spirituall that is the word of God Besides Her conversation is not in Farth but in heaven she lives on earth as a stranger not as free and strangers have no right to command Yet since the Church is a company not permitted only but instituted by Divine Law I speak of the Church visible it follows that all those things which do naturally agree to lawfull Companies doe agree to the Church also so farre as they are prov'd not taken away Among those things is the Constitutive Government which we called by consent Wee will bring two examples The law of the Sabbath being abrogated 't was at the Christians pleasure keeping a just proportion to set apart what part of time they would for the worship of God Now because that worship according to the precept of Christ requir'd a certain Congregation of godly men that part of time could not be determin'd but by corsent So the Apostles leading the way and the Church following was dedicated to holy Assemblies the first day of the week which also in memory of the Resurrection is called the Lords day Again the Apostles being themselves not at leasure to oversee the poor the Church by their persuasion Instituted the office of Deacons and made election of persons to persons to performe it In both places wee find somewhat defined and constituted by consent which without great fault none could gainsay For it was requisite that somewhat should be constituted and that could not be one or two dissenting unlesse either the minor part should give place to the major or the major to the minor This being unreasonable that was necessary This right of Constitution therefore to the Church is naturall But the Imperative Government we have shewed above not to follow from the nature of the Church and yet that hindereth not but that both the Highest and the Inferiour Authority may agree unto it The Highest if the faithfull unmixed with others and free from all subjection make up a Common-wealth of themselves This seemeth to have happened to the Jewes in the times of the Maccabees the Church had then the Highest Authority yet not properly as a faithfull people but as a free people An Inferiour Authority and liberty to use their own Law the same Jewes not only in their own Land but at Alemandria and else-where have often had with some kind of coactive Power sometimes of more sometimes of lesse extent as it pleased the Supreme Governours under whom they lived But as for the Ministers of holy things we have sufficiently shewed that no commanding Authority agrees to them by Divine right that is flowing from the Institution or nature of the Ministry it self as also 〈◊〉 the Highest Authority is incompatible â—ith snch a Ministry Neverthelesse that Inferiour Authority ought alwayes to be separated from the Pastorall office the antient Church never believed Whatsoever we have given to Pastors derogates nothing from the Authority of the Highest Powers over Sacred things for the Directive regiment consisting in the giving of counsell and declaring of the divine command is quite of another kind And 't is no marvell if the same person do govern and is
unlesse he can find no way to fix his judgement upon Divine Authority or upon some Internall principle Yet may we acquiesce thereto in all things the search whereof is not commanded us So the sick man doth well if he take a Medicine preserib'd by a Physician of good fame yea being in perill of death he is bound to follow the Counsell of Physicians if himself be not of that wit and skil to make a certaine judgement upon principles of nature As to Divine Authority God reveales some things and proposes them himself other things He reveales himself and proposes to men by others as by Angels Prophets Apostles Whensoever the thing is propos'd by others before the mind can fully rest it is necessary we be assur'd the Proposer can neither be deceiv'd nor deceive in the thing that is proposed This assurance we obtaine either by some other Divine Revelation as Gornelius concerning Peter Paul concerning Ananias or else by signs of Divine Power yeilding undoubted testimony to the Veracity of the Proposer That wee must acquiesce to every Proposition thus made no Christian doubteth But between the more subtile of the Romanists and those of the Evangelicall Church this is the true state of the Question Whether since the age of the Apostles there be any visible Person or Company all whose Propositions we may and ought to receive as undoubted truths The Evangelics deny the Romanists affirme Hither is also brought this great controversy of Government in Sacred things for the Romanists doe not deny Kings to Governe this Hart granted to Renolds they doe not deny all Government to proceed from the judgment of the Governour this Suarez plainly affirmes Neither doe the Evangelics deny the judgement of Kings as well as of private men to be determined by Divine Oracle if there be any such if there be any Prophets that cannot erre for all men are under God but whether there be any such since the Apostles that 's the Question and that at last is reduced only to the Pope for that single Pastors Kings also and private men Synods Provinciall Nationall Patriarchall and even they that were gather'd out of all the Roman world are fallible and have been in errour no man can deny Wherefore supposing that which is most true and which some of the Romanists doe grant concerning the Pope himself That every man in the world is subject unto errour for any thing that we know yea every Congregation also that is visible let us see how farre one is bound to follow the judgment of another that is thus fallible First we say no man is bound to follow anothers Directive judgment universally Chrysostom of old hath said the same How absurd is it in all things to be sway'd by the sentence of other men For possibly wee may be certain either by internall Principles or by Divine Authority the judgement of sentence is false That any private man grounding his sentence upon the Gospell is to be believed before the Pope is confess'd by Panormitan and Gerson And the pious Bishops who had learned out of the Gospell that the Word is God and God only One did well in not giving place to the judgement of the Synod at Ariminum Moreover even when the mind doth not plainly witnesse the contrary yet is no man bound precisely to follow anothers Directive judgment because it is lawfull for him to enquire and try whether himselfe be able to aime at the knowledge of the Truth Then he is bound to follow when by defect either of wit or time or by other businesse he is diverted from that inquiry So the Lawyers teach that a Judge is not tyed to the judgment of a Physician in the question of a wound or of a Survey or in limining the bounds or of an Arithmetician in taking of Accounts but that himself upon diligent consideration of the matter may decree that which he conceiveth most agreeable to truth and equity But further in the case of saving faith no man can safely acquiesce to the judgement of another The reason is not only because matters of faith are plainly and openly propos'd unto all so that Clemens of Alexandria calls it a vain pretext taken from severall interpretations for they that will saith he may find out the Truth but chiefly because that faith is not faith unlesse it rest upon Divine Authority as the Romanists themselves confesse Abraham believed God and it was accounted unto him for righteousnesse Also Faith comes by hearing and hearing by the word of God Wherefore although men may be led unto the faith by others as the Samaritans by that woman yet then are they only right believers when they believe not for the words of another but because themselves have heard and doe know that Jesus is the Saviour of the world What hath been spoken of faith is no lesse true of Divine worship for in vain saith God doe they worship me teaching for doctrines the Commandements of men And Paul commends the Thessalonians that they received his word not as the word of man but as indeed it was the word of God We conclude then that in the things defined by Divine Law either way no man is bound by anothers Declarative judgment which is one kind of the Directive nor can his conscience safely rest therein In the other kind of Directive judgement which we here called Suasory because it is conversant about things not determined by Divine Law more may be given to the Authority of another yet not too much For as we doe not praise them that are too stiffe in their own opinions so neither them that are too easily drawn by other mens And herein consisteth the difference between Counsell and Command that commands not contrary to the Law of God lay upon us an obligation which Counsels doe not He that giveth counsell saith Chrysostom speaks his own opinion leaving the hearer at liberty to doe as it shall please him Now if the opinions of Counsellours which must be weighed rather than numbred doe not agree there especially ought the Supreme Governour to interpose his own Judgement And truly in the knowledge of private right in Physick Merchandise and such like things it is not only excusable but often-times comendable for the Highest Power to be ignorant by reason of greater and better cares But to neglect the knowledge how to rule the Church than which no knowledge is more excellent none of more importance to the Common-wealth this at no hand is lawfull Those that have eased themselves of this duty and cast it upon others wee find by Histories to have been circumvented by men and punisht by God and either to have lost their kingdomes or else being deprived of the Power to have reserved only the name and shadow of King's The Objections out of the Old Testament to prove that Kings are bound to follow the Pastors judgement in Sacred things doe
of Synods the hearing of Causes it depends upon the will of the Highest Power from whose Authority it proceeds although in the ordinary way inferiour Courts are not past by yet if those Courts be liable to some suspition or the businesse will not bear delay the Highest Power may call it from them to himself We conclude therefore that which Whitaker and others have written before and the example of Free Cities that without a Synod preserve their Churches doe confirm A Synod is not at all times necessary nor in every case So far from necessary sometimes that it is not profitable for as the parts are such is the whole I will not here repeat the old complaint almost of all ages that the chiefest distempers of the Church have proceeded from the Priests Nazianzen hath said enough where he also renders the principall causes thereof the Ambition and Pride of Church-men nor doth hee speak of Arian Synods only but of all of his time those especially wherein himself was present Therefore saith he have I withdrawn my self and sought for security of mind in rest and solitude This evill will happen if it appear either that the integrity of judgement is hindred by vehement prejudices which often befalls men not malitious or that factions are so prevalent that a farther branch may rather bee expected from the Synod than any testimony of consent I much wonder what came in some mens minds when they said They that accuse another of impiety may be his Judges also in a Synod and that the Right of refusing which hath place in civill affans cannot be extended to Ecclesiasticall For certainly the common Rules which arise out of naturall equity ought to be of force no lesse in Ecclesiasticall than other judgements and I remember Optatus speaking properly of the Ecclesiasticall saith Judges must be sought which are not of either party because judgement is hindred by affection In the Councill of Chalcedon the Judges charge the Legats of the Roman B. they should put off the Judges person if they would be the accusers of Dioscorus And Athanasius would not come unto the Synods wherein 't was manifest the adverse party raigned Such is often the face of things that a Synod may be hurtfull at the present which if you stay awhile and let the mindes of men come to a calme may be called to good purpose Time shall declare saith the Apostle the work that is the doctrine of every one And If any man be otherwise minded God shall reveale the truth In both places shewing there is often need of time that the Truth may be found out and a right judgement given The contrary may also happen that the present evill cannot endure the delay of a Synod and calls for a more compendions remedy Moreover the same causes for which great Assemblies are suspected by the Highest Power may also have place in Synods for as a very learned man hath said It is not lesse Politicall to assemble Bishops than other Orders of men There is the same fear the same danger unlesse they have put off Humane passions when they became Pastors I might reckon up many examples of unhappy Councils as were under Constantine those of Antioch Caesaria and Tyrus the Bishops of which last as the Emperour in his Letters plainly tells them did nothing else but sow divisions and hatred and disturb the Peace of the world Yet I confesse the Church is not in the best condition when Synods cannot be had and therefore all means is to be used that these Assemblies may be retain'd or after long omission restor'd whereby the Church speaks both to her Members and her Governours with most convenience And yet even then when the Highest Power governs without a present Synod it hath the judgement of the Church in former Synods it hath the perpetuall consent of the most famous Doctors which flourished in every Age and Nation it hath the most learned and religious Divines of the time present both domestick and forraign whose opinions are worthy of an equall regard especially in points of Doctrine which is the common study of them all and in respect whereof they have every one a share in the Universall Episcopacy In making Church-Laws the King saith the Bishop of Ely made use of men fit to be advised with men who in reason are esteemed most under standing most able and judicious to answer in such affairs and saith Burhil He was instructed by Ecclesiasticall Councils or in defect of these by Authors for their Faith and skill in these matters most approved Upon the premises we see there are other causes beside the great corruption of Religion in contemplation whereof Synods may or ought sometimes to be omitted and therefore they were not so often granted by the Christian Emperours as they were desired All are Petitioners to your Grace with sighs and tears saith Leo to Theodosius that you would please to command a Synode in Italy Yet he prevailed not yea in vaine did the Right of calling Synods belong unto the Emperours if upon just cause they could not deny to call them It is certaine the Churches which were sick of the Ubiquitarian errour could not be accounted past all hope yet the Electors and Princes to whom the Laws of Germany commend the care of Religion without a Synode by the Counsell of wisemen expelled this disease out of their Dominions and are praised for it by the same persons who will not acknowledge the Right on which alone that Reformation depends The office of a Prince as Zanchius and others with him note partly consists in this that untill a free Councill may be had which cannot be had at all times He command the dissenting parties to use not their own but the tearms of Scripture and forbeare to condemne each other in publick This also pertains to the Right of ruling before a Synode and therefore without a Synode It doth not follow hence that the liberty of judgeing which by Divine right is due to Divines is taken from them for they may also out of Synods deliver their judgement either before the Highest Powers or if it be needfull before others too and they may render the reasons of their judgement out of the word of God The summe is this Synods we confesse are the most usuall help of Governing the Churches yet we hold such time may fall out that Synods may not be profitable and convenient much lesse necessary And our greatest wonder is the boldnesse of some men that maintaine even when the Powers take on them the protection of the Church whether they will or no Synods may lawfully and rightly be assembled Beza was of another mind who hath said Synods are to be called not without the command and favour of the King Junius was of another mind who said 'T is an unjust and dangerous attempt of the Church to hold a generall Assembly without his knowledge
the Priests might do the same so is there nothing in the Deacons function which is excepted from the function of the Presbyter because the Deacons were given to the Presbyters as Assistants in lesser matters Before Deacons were ordained one of the Apostles Judus Iscariot was Treasurer of the Lords mony and after him all the Apostles for some time distributed their allowance among the poor untill the contention risen among the Widows and the greatnesse of their other employments enforced them to use the help of others And yet the Institution of Deacons did not so acquit the Presbyters but they had still the poor under their inspection Hence were the Bishops chiefly trusted with the dispensation of the Churches mony and that with so full a Power as to be unaccountable but to use part of it for the necessities of themselved and other men and to deliver part to the Presbyters to be disposed among the poor as appears in the Canons which are entitled Apostolicall and in the Synod of Antioch Unlesse the antient Custome had been so in vain had the Apostle commanded a Bishop to be hospital in vain had the Antiochian Collections been deliver'd to the Presbyters at Hierusalem Now concerning the Constitution of Presbyters whose function is principall 01 and most necessary we must note four things that by many writers are not accurately enough distinguished The first is the faculty it self of preaching of administring the Sacraments and using the Keyes wich we will call the Mandate a second thing is the application of this faculty to a certain person which by the received word we will stile Ordination a third is the application of this person unto a certain place or Congregation which is called Election the fourth is that whereby a certain person in a certain place exerciseth his Ministery under the publick protection and with publick Authority and let us call this if you please Confirmation The first is to be distinguished from the second To illustrate this with a Simile The Husbands power is from God the application of that Power unto a certain person proceeds from consent whereby yet the right it self is not given For if it were given by consent by consent also might Matrimony be dissolved or agreement made that the Husband should not rule over the Wife which is not true The Imperiall Power is not in the Electors therefore they doe not give it yet they doe apply it to a certain person The Power of life and death is not in the people before they joyn together in a Common-wealth for a private man hath no right unto the Sword yet by them it is applied unto a Senate or single person Christ without controversie is He from whom that right of Preaching of exhibiting the Sacraments and of using the Keyes doth arise and receive its vertue He also by his Divine providence as he preserves the Church so procures that the Church may not want Pastors The second differs as much from the third as for a Physician to be Licensed to practice Physick and to be chosen Physician to such a City or for a Lawyer to be admitted to the honour of that Profession and to be made a Syndic of some Corporation These two have been ever distinct and sometimes sepatate The Apostles were truly Presbyters and so they call themselves for the greater Power includes the lesse yet was not their Injunction appropriate to any certain place The Evangelists also were Presbyters but to no place bound And so long after was Pantanus ordained by Demetrius Bishop of Alexandria Frumentius by Athanasius and were sent to preach the Gospell through India Which in our time hath been also done and would it were done more carefully Indeed the 6. Canon of the Synod at Chalcedon forbids Ordination absolutely or without a title but this is not of Divine Law or perpetuall but positive and such as admits exceptions The reason of the Cannon was lest by too great a number of Presbyters the Church shall be burdened or the Order it self grow cheap and vile The London Synod excepteth fellowes of Houses in both Universities and Masters of Art living upon their own means and who are shortly to undertake some cure If the Bishop ordain any other 't is at his own perill to keep them from want untill they are provided for Therefore Election that is assignation of a certain place and Ordination are not alway joyn'd together and when they are they are not the same Which is farther proved because they that are translated from place to place must be chosen again but not again ordained which they must be if either Election and Ordination were the same or Ordination a part of Election Besides it will appear that Election was made by men of sundry sorts but Ordination only by Pastors and antiently by Bishops only Hence Paul writing to the first Bishop of the Ephesians gives him Admonition That be lay hands on no man suddenly And the most antient Canons entituled Apostolical require that a Presbyter be ordained by a Bishop but a Bishop not without two or three Bishops Which Custome if seems came from the Hebrews for the Senators of the Great Synedry could not be ordain'd but by three Priests and that by imposition of hands as is noted by the Talmudists Without question this manner was most holy and for the conservation of sound Doctrine most commodious when none was admitted to teach the people but he first receiv'd Allowance from the approved Doctors of the same Faith Pastors therefore ought to ordain Pastors nor is this their office as they are Pastors of this or that Church but as Ministers of the Church Catholick For saith Cyprian There is but one entire Episcopacy whereof every one is a partaker Hence it hath been alwayes held that the Baptism is of force given by a Presbyter without the limits of his peculiar Charge Nor is it materiall whether the Election precede the Ordinarion or be consequent to it for when it precedes it is a conditionate not plenary Election which the Canons of later times have called Postulation Over this Ordination the Highest Power hath an Imperiall inspection and care Justinians Constitutions are extant of the Ordination of Bishops and Clerks and other Lawes of others which prescribe the age and standing of men to be ordained Lawes of good use and fit to be reviv'd for the prevention of the Churches ruine through the rawnesse and ignorance and inexperience of her Teachers according to that out of the old Poët What lost your state founded on so good Rules The publick charge was given to boyes and fooles The fourth member of our distinction Confirmation differs as much from the third as the Church considered by it self differs from the Church publick T is pertinent here that Ezechiah is read to have Confirmed the Priests that Pastors are defended by Lawes and Armes that some Jurisdiction or Audience is attributed to them
just causes it be granted unto Kings to recede from the Canon yet to forsake the Canon with intention of promoting to Episcopacy the favourers of the Arrian party was not the part of a pious Emperour This way of electing is the more justly reprehended if Ordination also being omitted Bishops were obtruded upon the Churches which is very credible to have been done for it was not probable the Orthodox would ordain Arians or such as used Collusion with them Verily not any one of the Fathers hath hitherto been found who said there was any Divine Law to hinder the King from choosing the Pastor It appears the most holy Bishops above mentioned who condiscended to the Election made by Theodosius were of another mind And thus much be spoken of the Highest Powers embracing the true Religion As to the Kings that give no assent to the saving Faith pious Assemblies never made addresse unto them for election of their Pastors For how could they expect defence of the Church from the enemies of the Church And suppose the matter should succeed most happily yet would it be an indecorum that the Affaires of the Church should be judged before the unjust and not before the Saints Yea if Kings that are aliens from the Faith arrogate to themselves any such thing without question they bring upon themselves the greater Judgement Notwithstanding if Infidel Kings will not at all admit any Pastor or Bishop except Elected by themselves and in the mean time leave to the Church the Probation and to other Pastors the Imposition of hands I cannot think it convenient for Christians to refuse men otherwise fit for this only reason because they are commended by Infidels For the good God doth effect his good work even by evill men I am not a man of that confidence that I dare condemn so many Christian Churches in Thrace in Syria in Egypt which doe receive Patriarchs or lesser Bishops from the King of the Turks and that this patience of the Christians is no new thing is shewed by Barlaamus Cyracensis Clearly 't is better to entertain a worthy Pastor adorned with good report of the common People ordained by other Pastors from the hand of a Prince though an unbeliever then to suffer the wast of Churches Esdras we are sure did not decline the office of restoring Gods worship imposed on him by the Pagan King Artaxerxes But that we may return unto our own that is unto Christian Powers for that was aspersed on the by to give others occasion of better thoughts upon this businesse we must advertise the Reader that in all this Treatise we enquire what is lawfull not what is at every time expedient For whether we reflect upon antient or later times we shall see great variety in the manner of election nor only through ages and Provinces but through years and particular Cities So much uncertainty there is in that which the Law Divine hath left uncertain And truly where the question is not of the right but of the best manner of Election 't is marvellous how many things may probably be discoursed on every part Give me Cyprian and those of his time there will be no fear of popular election Give me the Nicene Fathers I would gladly ascribe the election unto Bishops Give me such Emperours as Theodosius Valentinian and Charles the Great there will be no danger in the election Regall or Imperiall But we are fallen into the lees of the Church and after we have with circumspection viewed all things we find nothing but some incommodity is annexed to it Therefore nothing at all can be here prescribed as perpetuall That which is indefinite must have an indefinite Rule Yet if I were in this respect to give my advise the manner of Justinian's times is not displeasing to me with this caution that a Pastor be not obtruded upon the people against their will and also saving the right of the Highest Powers to rescind and make void Elections if any errour be committed pernicious to the Church or Common-wealth Which right not only the French Kings but also the antient Roman Emperours very frequently have used as is most easie to be proved They do much erre who confound this will and pleasure of the H. Powers whereby the Election made is approv'd or disapporv'd with that consent where with the Magistrate of every City according to the Lawes or Canons concur to the Election in the next place to the Clergy and sometimes with the People For here is a wide difference The pleasure of the Highest Powers is over the Election the Magistrates consent is a part of the election That agrees to the Highest Powers as such this to the Magistrates by Positive Law nor properly as Magistrates but as an honoured part of the City Therefore the Election by the Magistrates stayes within the bounds of their City but Emperours and Kings exercise their right not only in Cities which they dwell in and whose Churches they frequent but if they see it needfull through all places of their Dominions Again the Magistrates may be overcome with suffrages the Highest Power cannot Certainly although the election be permitted to others that right of free approbation cannot safely be abdicated by Him that rules in Chiefe Also after Election made the right of removing a certain person from the Ministry of a certain place although it may be in others too ought alwayes to remain in the Highest Power So Solomon ejected Abiathâ—r from being the Priest of God So the Bishops of Rome were more then once deposed by the Imperial Power as Bellarmine himself confesseth The proof whereof is easie For if the Highest Power hath right to interdict any one the City or Province hee must needs have a right also to interdict him the Ministry of this City or Province For this is included in that and in whose Power the whole is in his power the part cannot choose but be Nor only may the Highest Power doe this by way of punishment but by way of caution too to wit if any Pastor be drawn by the People into matter of tumult which perhaps may come to passe without his fault For unlesse the Highest Power could doe this the Common-wealth were not sufficient to secure it selfe The last errour is of those that think it belongs unto the same Person to elect and to remove For the Highest Power may interdict not only publick acts but private too to which it electeth not the Persons namely in negotiation and conduction as above is said when we spake of Jurisdiction and is manifested by Examples For eight or more Roman Bishops it is certain have been depos'd by Emperours sometimes with a Synod sometimes without whereof a good part were elected by the Clergy and people of Rome CHAP. XI Concerning offices to the Church not alwayes necessary IT is of much concernment for the keeping of peace in the Churches vtâ— distinguish accurately between the
this only but to give sentence together with the Bishops concerning the deposition of a Bishop and other matters as we see it happen'd in the case of Photinus and Dioscorus And why is not that lawfull in Presbyteries which was lawfull in Synods especially when as no lesse regard is to be had of Presbyteries in narrower territories than of Synods in that amplitude of the Roman Empire But further by the Emperours were given unto the Churches at their request Defendors which were Laiks whose Office was to keep off all force and tumult from the Church and Pastors and to take care that nothing should be done in the Church by violence or corruption These are they who in the later ages begin to be called the Churches Advocates So by the Metroplitans were wont to be given unto the Churches Phrontistae or Sollicitors who with the Bishop should keep accounts of the Churches treasure On the Churches 01 part we must repeat what was said afore that the whole multitude was not alwaies consulted but sometimes the Elders only Now if it was lawfull to carry the consultation from the multitude to the Elders why might it not the company of Elders being over great be contracted to a fewer number especially with consent of the multitude Moreover in choosing Pastors it appears that which was belonging to the multitude was often by compromise collated on a few And that in Synods Laiks were present and gave their vote is so manifest both by the History of the Great Councill and elsewhere that Pope Nicolas could not deny it In this point the judgements not of Melanchthon only and the later Authors but of Panormitan and Gerson are well known Why in Presbyteries may not be allowed as much to Laiks chosen for that purpose no reason can be found But farther yet It is apparent in the antient Church there were Matrons to exhort the other women to an honest conversation whom they called Presbyters and because in the Churches they sate above the other women Presidents The XI Canon of the Laodicean Synod abrogated them when they had continued untill that time as Balsamon notes And haply Paul speaks of them where he requires the Presbytesses or aged women to be holy in behaviour not false accusers not given to much wine teachers of good things That they may teach the young women to be sober to love their husbands to love their children c. If women therefore partakers of no Church-Office might neverthelesse be appointed by the Church to be teachers of other women why might not others beside the Pastors be assumed by the people who abstaining from Pastorall Offices should with greater dilligence performe that that is not only permitted but commanded every Christian And if those were entitled Presbytesses we may also in a more generall respect give unto these the appellation of Presbyters Moreover not much distant from the Office of Adsessors is the Office of Church Wardens and Sidemen in the Church of England Upon whom it resteth to take care that none disturbe the Divine service that no excommunicate person thrust himself into the Assembly They are also to admonish inordinate livers and if they persevere to defer their names unto the Bishop And these are chosen by the Church Fourthly our last position is that from these assessors no small benefit may accrew unto the Church For if we respect the Highest Powers it is expedient for them to have in the Assemblies of Pastors their eyes and ears by whose Ministry they may explore whether all things be done with fidelity and according to rule But if we look upon the Churches it is a thing of consequence that they also have a good opinion of the Pastors which will then most probably come to passe when they have witnesses of their actions and some to beget and keep a right understanding between the Pastors and themselves Upon the premises it follows that in the Office of Adsessors who in some places are in use whom for distinction we may call temporary or Lay-Presbyters there is nothing to be reprehended But we conceive these cautions are to be remembred 1. That the Office be not affirmed of Divine precept which cannot be said without contumely of the antient Church and divulsion of the present 2. That nothing be attributed to them which pertains to the Evangelicall Keys which Christ having given to be exercis'd by Pastors only may not be by us transferr'd to any other To excommunication therefore as it is the Pastors work they can conferre nothing beside their Counsel but as excommunication is also the work of the people who ought to remove from them wicked persons so far they may make an Act or Decree which may be propos'd to the people for their approbation 3. Let none be eleâ—ted to this adsession who are unable for Church-Government and especially for judging controversies For that is perillous and undecent for the Church and the most ready way to Oligarchy 4. Let not those Adsessors exercise any externall Jurisdiction or Coactive Power beyond what the publick Laws allow them 5. Let them know their Office not only as the Pastors Office which is instituted by Christ but as the things that are of humane Institution and therefore mutable is subject to the Authority of the Highest Powers The two last cautions being not known or not well observed great perturbations of the Common-wealth doe necessarily follow aâ—wise men have heretofore admonished and we have daily experience For many men having once imbibed this opinion that that Government is of Right Divine come at last to this to believe the Highest Powers have little or nothing to doe in the Church as being by God abundantly provided both with Pastors and with Rulers too Thus is an Invention of humane prudence confronted to the Ordinance of God and in this two headed Empire is sowen perpetuall seed of parties and factions whereunto they cease not to turne their eyes whosoever either in State or Church seek after Innovations They that remember what hath been done thirty years since in this our Country know the truth of what I say And this consideration principally mov'd me not to leave this question untoucht 'T is worthy the Relation that in Geneva which City brought forth if not first this Synedry it self at least the prime Defenders of it the entire right of electing those Elders is in the City Senate which is call'd the Little the Counsell of the Pastors being only heard Nor are they only elected by the Senators but from among Senators alone that is two out of the same little Senate and ten both out of the Senate of the sixty and out of the other Senate of two hundred The election made after this manner is submitted to the examination of the two hundred and the Elders elected although they have no Jurisdiction yet they give oath to the Republick He must needs be very ill-sighted who perceives not what
published by Justinian about the year DXLI at what time the Roman Bishops were at the Emperors devotion and created by them There is also another Constitution of the same Emperour set forth as is thought in the year DLV. and inscribed to the Bishop of C P. Which permits the Founders of Churches or of maintenance to appoint Clericks if yet they be found worthy by the Bishops examination And in the year DLIII a Canon was made is the Councill of Tolen to the same effect About the yeare DCCCXXVII were collected the Constitutions of Charls the Great wherein we find If Laic Patrons present unto the Bishops Cleriks approved both for their life and learning to be consecrated and constituted in their Churches by no means let them be rejected Not only Pastors of inferior degree but Bishops also were constituted by the Dukes of Bavaria and Saxonia by a Right long since derived from the German Emperours as hath been observ'd by others When as without such Grant the Investiture of Bishops as Hermoldus of old hath written is proper to the Imperiall Majestie Wherefore this Right was extracted from the Constitution and Concession of Emperors and Kings and is an Of-spring flowing from the Right of the Highest Power And it is so far from depending on the Popes Authority that on the contrary the makers and Interpreters of the Papall Law have opposed or clipped nothing more eagerly desiring to perswade the world that all benefices are the Patrimony of the Pope Panormitan is chief among them whom I had much rather have for my adversary in such a matter than my Second For I know most of his Comments in this kind are refuted by Covarruvia and Duarenus and other Lawyers and wisemen have herein alwaies differ'd from the Clergy of those times even unto our age See but what the the Holland Senate hath noted in the Trent-acts as contrary to the old Law of our Nation To the IV. Sect. c. 12. In this Chapter the Lay Patrons seem to be grieved To the xxv Sect. c. 4. We must beware lest by uniting Parish Churches and single Benifices prejudice be done to the Lay Patrons and in other places more to the like effect This was then the judgement of the Senate the Keeper of the old Customs of our Country which may more justly be defended by us than what our Ancestors in their unhappy time esteem'd intollerable But what if the Roman Bishops themselves what if Panormitan himself durst not require of Lay Patrons what is now required by vertue of their Authority I will not dispute about the word whether the Collation of the Patron may be call'd Election and yet Clement III. calld it so These words are cited In a Conventuall Church the assent of the Patron is better requir'd not to the election of the Prelate to be made but after it is made the following words which are very materiall being omitted unlesse the custome be otherwise by reason of his Jurisdiction For many ages before and in many places the custome was otherwise and namely in our Holland Witnesse againe the Senate Note that if the first Prebend to be void in Collegiat Churches be assigned to the Readers of Divinity the King and other Lay Patrons whose right it is in the Collegiat Churches of Holland in every Chapter should be deprived of the presentation of the Prebend first to be void In such a Collegiat or Conventuall Church the Pope hardly admitted a Lay Patron but the Emperors Kings and the Princes of our Holland as we now heard have admitted him even to the memory of our Fathers and therefore the Pope fearing he should not be obeyed added to his decree the exception of Custome which many as it now appears if they had a Papacy would not adde That our States abrogated the Right of Patronage neither is true nor can be said without their injury For they mention among the causes of the troubles the Acts of the Trent Synod and shew that nothing did more hinder the publication of them than that the Lay-Patrons complained their Right was infringed by those Constitutions What opinion the States themselves had of the businesse we have heard their own words This is a certain truth that both the election made by the Patrons may upon just causes be rescinded by the Highest Power and all this Right no lesse than other things which are the properties of private men is Subject to the Commands of Law To which restraint if we adde both the exploration of the people and the Pastorall Ordination the corruption of the Church need no more be feared from Noble Patrons than from Rustic Elders Two things remaine to be spoken before I conclude this part concerning derived Right The one is this that the Inferiour powers have by Divine Right us Authority at all about Sacred things What ere they have they have it as by the Supreme which we have elswhere noted Wherefore neither Joseph the Decurion nor the Proconsull Sergius could doe more in the Church than any private person Because neither the former from the great Synedry nor the later from the Roman Emperour had received any Power to dispose of Ecclesiasticall affairs And no man ought to snatch to himself the sword or any part thereof The other is this Being the tuition of the Church is a principall part of the Supreme Authority the Highest Powers will doe wisely if they grant as little as may be of it to the Magistrats And whatsoever they grant let them take care at least to commend these most noble Offices only to their most noble Peers For if the charge of Checker mony and Coine is committed not to the Municipall Judges but to men of higher place how much more doth it concerne the publick safety and the Churches honour that Ecclesiasticall affairs be not devolved to inferior tribunals So in France no Judges below the Parliament have cognizance of abuses of the Ecclesiastic censure nor with us of old below the Senate of Holland But the Inspection of the Church affairs is not easily to be deferr'd to them who are not in the Churches books For seeing both Jews and Christians held it irreligious to carry their private complaints before such as were Aliens to their Law much more unworthy were it and dishonourable in so great frequency of Right believers that the wounds of the Church should be committed to the cure of any other persons but only to the Sons of the Church THE END Soli Deo Gloria Erudito Lectori EX Latinis bonis Anglica non mala me fecisse si censueris est quod gaudeam Fateor autem ne mibi fraudi sit nonnulla hic omissa ea nimirum quae â—ut ipsa Res aut Lector meus faciliùs abesse pateretur Nempe istam navavi operam in eorum praecipuè gratiam qui Latina non attingunt Ingens operae pretium est ut 〈◊〉 〈◊〉 〈◊〉 〈◊〉
Synods by their Deputies 27. III. What is the Highest powers right after Synod The Epicrisis wherein is the right to change to adde to take away 28. An Objection answered 29. The manner of giving the Epicrisis or finall judgement Of appeal 30. The Epicrisis in parts of Religion as well as in the whole CHAP. VIII 1. THe severall Acts of Authority are Legislation Jurisdiction and another without speciall name 2. Wherein is Legislation 3. It belongs to the Highest power about the whole Body of Religion 4. Answer to an objection of the change of Religion 5. Religion not to be brought in by force of Subjects 6. False and Schismaticall worship by the Highest power sometimes prohibited and punisht 7. Sometimes dissembled and regulated 8. Legislation in the parts of Religion 9. Suppression of unprofitable questions And of words not found in Scripture 10. The regulating of Church-mens conversation 11. Laws about things undetermined by Divine Law And that beside the Canons 12. Yet are the Canons of use in the making of Laws 13. No Legislative power belongs to the Church by Divine right 14. Yet may it be granted the Church by Law positive Cumulatively not Privatively and not without subordination and dependance 15. How Kings have confessed themselves bound by the Canons 16. Canons dispensed with by them Examples hereof even in the Apostolical 17. Divine Lawes also moderated by equity CHAP. IX 1. IUrisdiction about sacred things belongs to the H. Power 2. The effects if it are declared 3. Jurisdiction proper belongs not naturally to the Pastors 4. Yet by Law positive it belong'd to them in some nations 5. Pastoral acts of divine right which seem to come neare Jurisdiction and yet are distinct from it 6. The Apostolical rod. 7. The use of the Keyes 8. Prescription of the works of penance by way of direction or persuasion 9. Non-exhibition of the sacraments 10. The Churches acts by Divine right which seeme near Jurisdiction but are distinguist Separation from the inordinate brother or Pastor 11. Canonical Acts superadded to the former and distin â—ist from them 12. Jurisdiction granted to Pastors by positive Law 13. The efficacy of this Jurisdiction 14. The Jewes had the like granted them 15. The Accessories of excommunication 16. All Pastoral Jurisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons which are refelled by Scripture and the Objection answer'd 19. All coaction of the H. Power unlawful 20. Canonical acts cannot be exercised against the H. Power without Consent 21. How the Pastor may satisfy his Conscience 22. What is the right of the H. Power about the foresaid acts of Pastors and Churches 23. Ecclesiastical Appeals depend upon the H. Power 24. Exercise of supreme Jurisdiction by himselfe or by others 25. The H. Power may dispense with Canonical and Legal penalties And judge whether Excommunication be just or no. CHAP. X 1. Two perpetuall functions of presbyters and Deacons And their defference 2. These four distinguisht Mandate Election Ordination Confirmation 3. Of ordinatian without a Title 4. Ordination only by Pastors 5. The H. Power hath authority over it 6. Right Immutable or Mutable 7. How the election of Pastors belongeth to the Church 8. Apostolical Institution subject to change 9. Deacons but not Pastors elected by the people 10. Pastors in the Apostles times elected by the H. Spirit And Mathias the Apostle 11. Popular Elections not proved by Acts 14.23 12. Nor by the precept of avoiding false Teachers 13. The old way of trying Pastors in the primitive Church 14. Cyprian doth not confirm but overthrow popular Elections 15. Pastors oft chosen by the Bishops not by the people 16. The Election of Bishops by the clergy By the comprovincial Bishops 17. Mutability in the manner of Election 18. In elections the H. Power hath a Legistative right 19. And may it self make Election upon just cause 20. This proved by Reason 21. And by examples in the state of Naturall Law and under the Mosaical 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures By them is meant the Collation of Bishopricks 25. Examples of the Kings of England 26. Pastors as well as Bishops may be elected by the Highest Power 27. Examples hereof 28. The Objection from the abuse of right answer'd 29. The Canons and Fathers answer'd 30. Touching the Right of pagan Kings 31. The best manner of Election 32. The right of rescinding Election reserved still to the H. Power 33. And of Exauctorating pastors if need be 34. Although chosen by others CHAP. XI 1. THings necessary to be distingnisht from not necessary 2. Of Bishops and Lay elders 3. The word Bishop explained Here taken for the Overseer of Pastors 4. Bishops not against Gods word 5. Bishops alwayes in the Catholic Church 6. Even in the time of the Apostles 7. Bishops allowed by the word of God 8. A place of Ambrose examin'd 9. Timothy and Titus were Bishops 10. Bb. stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagognes 12. Bb of great use to the Church 13. Yet not by divine Command 14. Nor always one Bishop in every City 15. In whom is the right of Ordination 16. For what reasons Bishops were laid-by in some Churches 17. Lay-Elders none in the Apostles time 18. All the Ancients by Presbyters understand only Pastors The ambiguity of the word Seniors and Elders 19. The penitentiary Presbyter 20. Pastors may be called Priests 21. Who are the Seniors in Tertullian 22. Why the ancient Bb. used to consult with the Church 23. Who are the Seniors in the suppositious Ambrose 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the Difference 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained And the difference 'twixt the Syndery and Consistory 28. Lay-Elders not spoken of in the new Testament 29. Why Pastors were calld Elders by the Apostles 30. The Church of Christ compar'd with the Judaicall Kingdome 31. The Office of Elders in the new Test 32. An answer to that only place for Lay-Elders 1 Tim. 5.17 33. Other places need no answer 34. The Highest power or the Church might law fully institute Lay-Elders 35. This institution not displeasing to God proved by Scripture 36. Examples in the antient Church drawing toward it 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors may be of good use 39. Yet with certaine cautions 40. The Genevian elections CHAP. XII 1. THe Highest Power hath need of Vicars in Spirituals 2. What Authority may be committed to Inferiour Powers by the Highest 3. Liberty of Religion tollerated sometimes 4. Vicars either Substitutes or Delegats 5. Bishops substituted and Cleriks 6. Pastors and Lay-men
in octavo 8. Lexicon Graeco-latinum in N. T. Dom. nostri Jesu Christi Autore Georgio Pasore in octavo 9. Novum Testamentum Dom. nostri Jesu Christi Graecum Cantabrigiae in octavo 10. Idem notis Roberti Stephani Josephi Scaligeri Isaaci Casauboni in octavo 11. Novum Testamentum Latinum Theodoro Beza Interprete in duodecimo 12. Elementaria Traditio Christianorum Fidei aut Catechismus Grac. Latin per Tuss Berchetum inoctavo 13. Paraphrafis Psalmorum Davidis Poetica Autore Georgio Buchanano in duodecimo 14. Particulae Latinae Orationis collectae dispositae consabulatiunculis digestae Autore J. Hawkins Med. D. in octavo 15. A brief Introduction to Syntax shewing the use grounds and reason of Latin construction collected out of Nebrissa his Spâ—nish copy with the Concordance supplied by John Hawkins Med. D. in octavo 16. Jo. casa Galateus seu demorum honestate Elegantia notis Nath. Chylnae in octavo 17. Isocratis Orationes Epistolae Grac. Lat. Interlincat in octavo 18. Analecta Poetica Graeca-latina or capping of Verses Greek and Latin 19. Aeschims câ—ntra Ctesiphontem Demosthenis pro Corona Orationes à Johanne Sturmio illustratae Graecè in octavo 20. Homerilliav idest de rebus ad Troiamgestis Graec. Lat. in octavo Cantabrigia 21. M. Fahn Quintihani Institutionum Oratoriarum libri 12 â—accesserunt Quintilianorum Declamatiomes Dan. Pareo editi in octavo 22. Synonimorum Sylva olim à Simone Pelegromo collecta nunc H. F. emendata Aucta in octavo 23. Caâ—liopâ—iâ— or a Rich Storehouse of proper choice and elegant Latine words and phrases collected chiefly out of Tullies Works by Thomas Dray in octavo 24. Bibliotheca Scholastica Instructissima or a Treasurie of ancient Adagies and Proverbs collected out of the English Greek Latin French Italian and Spanish published by Tho. Drax in octavo 25. An easâ—e Entrance to the Latine tongue containing the Grounds of Grammar and their Examination 2. A vocabulary of common words English and Latin 3. Examples appliable to the Rules of Concordance and construction 4. Collections out of the lowest School Authors 5. More elegant expressions for children 6. The first principles of Christianity by charles Hoole School-master in London in twelves 1651. 26. A little Vocabulary English and Latin for the use of little children that begin to learn the Latin tongue by Charles Hoole in twelves 1651. 27. Alexandri Rossaei Isagoge Grammatica in Gratiamily lorum qui nolunt memoriam multis longis regulis gravari concinnata in octavo 28. Jodoci Stunpelii Parnassus Epithetorum Singula Ravisii multag Prosodiae Smetii Epitheta vario metro pro Studiosis versus eleganter extempore sine epithetorum quantitatis errore Scripturis inclusa continens in duodecimo 1651. 29. Quirti Horatii Flacci Poemata Scholiis five annotationibus Joannis Bond illustrata in octavo 30. Publii Ovidu Nasonis Metamorphoseon libri 15. notis Tho. Farnabii illustrati in octavo 31. Angeli Caninii Hellenisinus copiosâ—ssimi Graecarum latinarumque vocum Indicis accessione per Carolum Hanboesium locupletatus in octavo 1651. 31. Riders Dictionary English and Latin and Latin and English enlarged by Francis Holy-Oke in quarto FINIS 1. The state of the question 2. An Argument from the Unity of the matter proved by Scripture Rom. 13 4. Pro. 20.8 Col. 3.20 3. And by naturall reason 4. An argument from the Universality of the end proved by Scripture 1 Tim. 2.2 5. And by Philosophy In fine Eudem 6. The right vindicated by direct authority of Scripture Deut. 17.19 Jos 1.8 Ps 2.12 Es 49.23.60.13.16 7. By the consent of the antient Christians 8. And of the Reformed 9. And of the Heathens 10. With respect unto crernall happinesse 11. And unto temporall prosperity Mat. 6.33 12. Which follows true Religion by vertue of divine Providence Ep. â—st 42. 13. And by its own nature in respect of Morall Precepts and doctrines and rites 14. More reasons added 1. All Functions are under Command 2. Some by Emanation 3. The Supreme Authority and the Sacred Function united in the same Person by the Law of Nature 4. It was so before Moses and after among the Nations Gen. 18.16 5. The Supreme Authority and Sacred Function separated by the Law of Moses Est 54.13 Jo. 6.45 Heb. 8.10 1 Pet. 11.9 Apoc. 1.6.5.10 6. And by the Christian Law Tim. 11. A. Can. 6.81.83 Can. 16. Can. 3.7 Novel 123 Cap. 5. 7. Sacred names Privâ—leges given to the Hâ—ghest Powers 1. Internal actions not subject to the Higher Power but in relation to external Rom. 13.5 2. Actions either determined or not determined before any humane Command 3. Actions determined by Law Divine either naturall or positive Deut. 4.8 4. Actions undetermined are the matter of humane Law and also determined both because of their adjuncts and of a new Obligation Eth. 5.10 Rom. 11.23 Rom. 13.2 5. Acts not under Humane Command are only those that are repugnant to Divine Law 6. Commands repugnant to Divine Law bind to a non-resistance wherefore 1. Miht Sect. 4. D. deâ—ve Miht Rom. 13.2 1 Sam. 8. Dent. 17.17 20. L. â—enult D. de Just jure 1 Sam. 24.7.26.9 7. Subordinate Powers not exempted from that Obligation 1 Sam. 24 7. 8. Examples alle ged to the contrary answered 9. The difference 'twixt internall actions and externall 10. What God commands cannot be forbidden by by man with validity Acts 4.19 Luke 24. 11. How Religion is not subject to Humane Power L. cum salut L. de sum Trin. 2 Chron. 29.15.30.12 12. And how it is Subject Nov. 138. Ep. 48. Rom. 1.32 13. The Highest Power may determine any Actions not aâ—ore determined by God 15 am 10.15 14. Resistance under colour of Religion unlawfull preved by Scripture examples and Objections answered Mat. 26.52 1 Pet. 2.16 15. Not so many porticulaâ—s in Sacred things as in Secular under Humane Power with the reason of it 1. That Christ Instituted the Pastorall offiâ—e answered 2. That the Magistrate is not of the essence of the Church answered 3. An objection out of Esay answered Esay 49.23 Whether Kings are under the believing people or Church Nebem 8.8 Psa 72.9 Apos 1.5 Lâ— 22.25 1 Sam. 8.19 Rom. 13.1 1 Pet. 2.13 1 Sam. 17.8.22.12 1 Reg. 1.32 4. That Kings are under the Pastors function answered 5. The Objection taken from the Kingdom of Christ answer d. And what that Kingdome is and whether he hath Vicars 6. Pastorall Govemment overthrows not the Authority of the H. Powers Distinctions of Government Directive Constitutive By consent By Command Supreme Inferiour Inferior By emanation By subjection only 8. Pastors have no coactive or temporall Power proved by Scripture and Fathers 1 Pet. 5.3 Antig. 13.2 Phil. 2. Lu. 12.14 1 Jo. 1.1 1 Cor. 11.23 1 Cor. 7.25 2 Cor. 9.7.8.8 9. Their Government Suasory and Declarative Heb. 13.7.17 1 Tues 5.12 1 Tim. 5.17 Jo. 21.16 Ast 20.28 1 Pit 3. Act. 15.23
5.12 7. The use of the Keys 8. Prescription of the works of penance by way of direction or persuasion 9. Nonexhibition of Sacraments 1 Cor. 11.29 10. The Churches acts of Divine right which seem to come neer Jurisdiction but yet are distinguisht â—om it Separation Epist 68. Jo. 10. Rom. 16.17 Tiâ— 3.2 Thess 3.6.14 2 Tim. 3.6 1 Cor. 5.9.13 1 Tim. 6.6.12 1 Cor. 5.12 Mat. 7.1.11 Canonical acts superadded to the acts of Divine right and distinct froÌ„ them Cone An cyr Can. 2. 5. 1 Tim. 5.19 12. Jurisdiction granted to Pastors by Positive Law L. 5. Ep. 32 Nov. 89. Cap. 9. I. 1. Cod. de sent pr. pr. l à procon C. Th. de appel Sancimus Cod. Epill Cand. 13. The efficacy of his Jurisdiction 14. The Jewes had the like granted them L. generaliter ff de dicurr 15. The accessories of Excommunication L. 6. de Bel. Gall. 16. All Pastoral Junisdiction properly so called flowes from the H. Power 17. How far those Pastoral acts may be used upon the Supreme Governour Of the use of the Keyes 18. Under which pretence cannot be excused seditious Sermons Which are refelled by Scripture and the objections answered 2. Sam. 16.11 2 Chron. 24.20 Mat. 18.17 2 Cor. 2.6 1 Tim. 5.20 1 Tim. 5.1 19. All coaction of the Highest Powers unlawfull 2 Chr. 26.20 20. Canonicall acts cannot be exercis'd against the Highest Power without consent Ps 1.51 l. 〈…〉 21. How the Pastor may satisfy his conscience 22. What is the Right of the Highest Power about the fore said acts of Pastors and Churches 1 3. Cod. de â—pisc Clâ—ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall appâ—als depend on the Highest Power 23. Exercise of Supreme Jurisdiction by himself or others Can. 12. 24. The Highest Power may dispense with Canonicall and Legal penalties And judg whether Excommunication bee just or no. 1. Two perpetuall functions of Presbyteâ—s and Deacons And their difference C. 38.40.41 C. 44. 2. These four distinguished Mandate O dination Election Confirmation 3. Of Ordination without a Title 4. Ordination only by Pastors 1 Tim. 5.22 5. The H. Power hath Authority over it 2 Chro. 29.3 Cap. 7. 6. Right Immutable Mutable 7. How the Election of Pastors belongs to the Church 8. Apostolical Institutions subject to change 9. Deacons but not Pastors elected by the people 2 Cor. 8.20 10 Pastors in the Apostles time elected by the Holy Spirit And Mathias the Apostle Jo. 6.70.13.18 Acts 1.2 Gal. 1.1 Luke 10.1 Luke 10.2 Rom. 10.15 1 Tim. 1.18 Acts 20. Acts 1.23 c. 11. Popular elections not proved by Acts 14.23 Til. 1.5 12. Nor by the precept of avoyding false Teachers 13. The old way of trying Pastors in the Primitive Church 1 Tim. 3.10 Polluâ— l. 8. Can. 6. 14 Cyprian doth not confirm but everthrow Popular Election 15. Pastors oft chosen by the Bishops not by the People Can. 22. 16. The Election of Bishops By the Clergy By the Comprovincial Bishops Can. 4. Can. 19. 17. Mutabâ—lity in the manâ—er of Election 18. In Elections the Highest Power hath a Legislative right L. 2. de Episc Ord. Inflit. 19. And may it self make Election upon just cause 20. This proved by reason 21. And by examples in the state of Naturall Law And under the Moisaicall 1 Reg. 13.31 Aug. in Ps 44. 22. Examples of the Roman Emperours and of the Kings of France 23. Objections answer'd 24. Of Investitures by them is meant the Collation of Bishopricks L. 5. c. 30. 25. Examples of the Kings of England 26. Pastors as well as Bishops may be Elected by the Highest Power 27. Examples hereof Loc. Com. de Elect. 28. The Objection from the abuse of Right answered Rainold 187. 29. The Canons and Fathers answered 30. Touching the Right of Pagan Kings 1 Cor. 6.1 31. The best manner of Election Arist Eth. 9.14 32. The Right of rescinding Elections reserved stil to the H. Power 33. And of exauctorating Pastors if need be 34. Although chosen by others 1. Things necessary to be distinguâ—sh◠〈◊〉 â—ot necessary 3. Of Bishops and Lay-Elders 3 The word shopâ— plain Here â—â—ken so the Oâ—â—sver â—â—stors 4 Bishops not against Gods word Mat. 20.26 Mar. 10.44 Jo. 13.13 14. Ad Fabiol Eph. 4.11 5. Bishops alwaies in the Catholick Church 6. Bishops in the time of the Aposties 7. Bishops allowed by the word of God Act. 20.17 18. Colloq cum Harto c. 8. S. 8. A place of Ambrose examin'd Lâ— 1.8 Justin Nov. 123. 9. Timothy and Titus were Bishops Actione 11 Act. 18.11 10. Bishops stiled Angels Apostles Presidents 11. Patterns of Bishops in the natural Law in the Mosaical but most probably the Rulers of Synagogues Lu. 8.41 Acts 13.15 Jerem. 19.1 L. ult Cod. Theod. de Jud. 12. Bishops of great use to the Church 13. Bishops are not by Divine command Epist 19. 14. Not alwaies one Bishop in every City Acts 6.9.18.8.17 Epist ad Annoch 15. In whom is the right oâ— Ordination 16. For what reasons Bishops were laid by in some Churches De Minister â—vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall â—ime 18. All the antients by Presbyters understand only Pastors The ambiguâ—ty of the word Seniors and Elders 19. The Penitentiary Presbyâ—er De penitenâ— 1.6.2 20. Pastors may be call'd Priests Is 66.21 21. Who are the Seniors in Tertullian 22. Why the antient Bishops used to consult with the Church Acts 6.2 Acts 21.22 2 Cor. 2.6 Serm. 19. de verb. Dom. 23. Who are the Seniors in the suppositious Ambrose 1 Tim. 5. cap. 10.17 24. Liberty to interpret Scripture in the Synagogue 25. And in the antient Church with the dâ—fference Nov. 133. Cap. 2. 26. Lay-Elders or Assessors not commanded by God 27. Mat. 18.17 Explained and the Difference 'twixt the Synedry and the Consistoty Mat. 11.19 Mar. 11.15 28. Lay. Elders not spoken of in the new Testament 1 Tim. 5.1 29. Why Pastors were call'd Elders by the Apostles 30. The Church of Christ compared with the Judaicall Kingdom 31. The Office of Elders in the new Testament Acts 20.28 Jac. 5.14 1 Pet. 5.1 32. An answer to the only place 2 Tim. 5.17 1 Tim. 5.3 1 Cor. 9.7 c. Dent. 25.4 Ad Mat. 11. 2 Cor. 6.5 11.27 Apoc. 2.2 1 Thes 5.12.13 33. Other places need no answer Rom. 12.8 1 Cor. 12.28 34. The Highest Power or the Church might lawfully institute lay Elders 35. This institution not displeasing to God proved by Scripture 2 Chron. 19.11 2 Cor. 8.19 Phil. 2.22 2 Cor. 8.20 Acts 19.2 36. Examples in the antient Church drawing toward it Novel 56. Conc. Chaâ—c can 76. Tit. 3.4 37. The English Church-wardens not much unlike the Adsessors 38. The Adsessors be of good use 39. Yet with cerâ—ain cauâ—ions 40. The Genevian election of Adsessors 1. The H. power hath need of Vicars in Spirituals 2. What Authority may be committed to inferiours by the Highest Power 3. Liberty of Religion tolerated sometimes 4. Vicars are either substitutes or delegates 5. Bishops substituted and Cleriks 6. Pastors and Lay-men joyned Nov. 17. c. 11. 7. Sometimes Lay-men alone 8. The right of Lay-Patrons antient and derived from the Regall Nov. 123 c 18. Novel 157. 9. Benefices not the Popes Patrimony Covar p. 2 Relig. c. Poss Sect. 10. Duar. 1. 3. de Minist cap. 11. 10. The Custome of Holland Cap. nobis de Jur. patr Ex d. c. nob Ad cap. 1. Sess 5. Syn. Tâ—id 11. All Patronages subject to the Highest Power 12. Inferior powers have no command by Divine Right 13. And little is to be given them by the Highest in Sacred things 14. None at all unlesse they be Orthodox
saith he between the State and people was constituted by Authority of the Church Farther we must observe by the word Seniors Ecclesiasticall writers doc often understand not dignity but age It is certaine the Bishops of old seldome disposed any affairs of greater moment without consulting the Church Which course was alwaies profitable in the times of persecution or upon imminent feare of Schisme almost necessary For this cause to lay the murmuring which arose about the daily ministration the multitude of the Disciples were call'd together So after Paul was come to Jerusalem when there was a rumour of him that he taught the Jews to forsake Moses although all the Elders were present it is said the multitude must needs come together Cyprian saith I could returne you no answer alone because ever since I was made Bishop I resolved this word shews it was arbitrary to doe nothing on my own head without your Counsell the Clergy and consent of the people 'T is plaine as in the Ordination of the Clergy so in separating and in reconciling the lapsed the people were wont to be consulted with Not alwaies all the people among whom were Women and the younger sort but the Fathers of Families and not all these neither but the elder and of riper judgement who haply are the Many of whom Paul speaketh These were often consulted with in place of the people In the acts of purgation of Cecilian and Felix are mentioned the Bishops Presbyters Deacons Seniors and after Take unto you your Brethren of the Clergy and the Seniors of the people Some be Seniors then who are not Clerks and therefore Laiks For these are still distinguisht in the Fathers 'T is ill favouredly done of them that take this word amisse for it is no terme of disgrace but is necessarily used to distinguish the Clergy Seniours from the rest Neither have the Fathers only so spoken whose Authority yet at least ought to suffice for the retaining of certaine words but the Prophets themserves in whom the Priests and people are divided Rightly then are they called Laiks who are not Priests that is dispensers of Divine mysteries Austin writes To the Clergy and Seniors of the Church of Hippo and in Turonensis it is Before the Bishop Clergy and Seniors Yet I will not peremptorily deny but by Seniors in those places may be understood Magistrates who as we have even now said were stiled by that name So Leo inscribes an Epistle To the Clergy the honour'd and the common people And as in some places it may be doubted whether by the word Seniors the Magistrates or the Elder in age are meant so in other places question may be made whether by the same word the Elder in age or the Priests are signified As when Gregory appoints If any Clergy man be accused let the truth be inquir'd the Seniors of the Church being present And when Austin mentions them that for ebriety thefts and other errours are rebuked by the Seniors And when Optatus shews the Ornaments of the Church were commended to faithfull Seniors For all this may agree both to Clergymen and Laymen But most worthy of our consideration is that place of an uncertaine Authour commonly reputed Ambrose out of his Commentaries on Pauls Epistles The words are these Old age indeed is honourable among all Nations Whence it is that both the Synagogue and afterward the Church had Seniors without whose advice nothing passed in the Church How this is grown obsolete I know not unbesse perhaps by the dissentions of the Doctors or rather by their pride whilst they alone would seem to be some-body That we may know the writers mind we must see whom he cals Seniors in the Synagogue Whether the Magistrates who were called Seniors sure enough that the Synagogue may be a Bench of Judges as in Matthew They shall scourge you in their Synagogues I think not although many things as we shall shew anone which belonged to the Jewish Magistrates are wont by a certaine similitude to bee applyed to the Christian Presbyters Hear the same Author elsewhere declaring It was a Tradition of the Synagogue that the Seniors in dignity disputed sitting in their Chairs the next on Benches the last in the pavement upon mats I suspect the word in dignity stole out of the margin into the text For Philo describes the same custome thus They that come to be Priests take their places in order according to their age the younger beneath the elder Wherefore the Seniors in age sate first And questionlesse some such order of sitting was observed in the antient Church which James would not have neglected when he reprehends them that give the honour of the highet seats to rich men only the poof being thrust known below or enforced to stand It follows in Philo One of the most â—â—â—â—full passing over the difficult places of the Holy Bible makes an exposition of them 'T is to be noted in the Synagogues of the Jews to every one exercised in Holy Writ and all were so except mechanicks as also among us it was permitted to interpret Scripture By this common liberty Christ taught in the Synagoues and after him the Apostles Memorable are the places Luke iv and Acts xiii There the book is reached forth to Christ here Paul and Barnabas though unknown are asked to speak unto the people If they have any word of exhortation If no stranger or none of the people offer'd himself then the chosen men of the Seniors who were nam'd the Fathers of the Synagogues the Majors and by an excellency the Seniors interpreted the Law And these being not well provided it was the Rulers Office Some what correspondent to this we find in the first Christian Church For they that have the gift of prophecy are permitted by the Apostle to speak unto the people at the Assembly by two or three and the rest to judge That miraculous gift ceasing it was hardly lawfull for any one except the Pastors to teach among the Christians Indeed we read of Origen and a few more not Presbyters who taught in the Church but that was seldome and not without peculiar licence of the Bishops For the Bishop of Caesarea being reprehended for permitting Origen to teach alleged three examples of the like concession adding it was credible though not apparent the same was done in other places Here now we see some difference between the Interpreters of the Law in the Synagogue and the Interpreters of the Gospell in the Church In the Synagogue they taught as many as had any word of exhortations in the Church all what were approved and had obtained the honour of a Testimoniall as Tertullian speaks that is they that were ordained The Judges of the Highest Synedry were wont to be ordained by imposition of hands but of the expounders of the Law the same doth not appeare A reason of the foresaid difference is not only because the Preaching of
the Gospel is of more moment than the expounding of the Law but also because in the Christian Church the Preachers of the word are withall dispensers of the mysteries Whereas the Masters of the Synagogue administred no Sacraments For all the Sacrifices were offer'd in the Temple only except the Passeover which yet was not celebrated in the Synagogues but in every house the Master of the Family being chief Nor was it any where commanded that Circumcision should be given in the Synagogues or by any speciall Ministers It may then be doubted what Seniors of the Church Pseudambrose understands those that answer to the most skilfull of the Synagogue who also are scarce any other but aged men in which respect the chief of the Monks are called Seniors in Justinian or those that anser to the Elders in age in Philo If the former then Pseudambrose saith the very same with Jerom. The one Without the Counsell of the Seniors nothing in the Church was done the other The Churches were govern'd by the Common Counsell of the Presbyters speaking of those Presbyters which he saith at first were called Bishops and out of whom afterward the Bishops were elected But if the later please you more and truly his speech mention'd his age not Office the meaning will be this which we have exprest a little afore That insteed of all the people the Elder men were wont to be consulted with in the more weighty affairs that is in ordaining the Cleriks in absolving the lapsed and such like And indeed it is more credible this custome was long since obsolete and disus'd to consult with the people or the chief of the people than that the Bishops did almost all things without consulting with the Clergy Yet this also by little and little came to passe and prevailed against the antient custome These things therefore being understood no man will henceforth doubt but in all Ecclesiasticall writers the word Presbyters or Seniors pertains either to the aged in the Church or to the Magistrates who also are a part of the Church or to the Pastors And this ought to prevaile with us that we take not unadvisedly and without forcible arguments the places of Holy Scripture speaking of Presbyters in any other sense than they have been taken by them who being nearer to the Apostles times had more perfect intelligence of that antient Title But now let us proceed to the Ofacles of Holy Scripture and let this be our third Assertion Those choice Assessors of the Pastors of whom we dispute are not by Divine precept Whosoever affirms the contrary must condemne the Church of so many ages for contempt of Gods Law from which temerity we think it becomes us to abstaine Nor indeed is there any weight in their arguments who affirme that which wee deny and upon whom therefore lyes the necessity of proving Sufficient answers have been returned heretofore by very learned men yet lest any defect be in our Treatise it will be worth our pains to repeat what hath been well said and to adde somewhat that may bring light unto the question In the front we have that which Christ commandeth Tell it to the Church c. In which place some are of opinion Christ hath given the Church direction to institute a certaine Synedry to judge of things Ecclesiasticall consisting both of Ministers and other persons for such they will needs have Ecclesiasticall Synedrys to have been As for the words of Christ the antient and recent expositors have offer'd us sundry explications of them To repeat them all were tedious To me the most simple and plaine Interpretation and which comprehends almost all the rest seemeth to be this The man that hath offended us is not easily to be accounted for one deplored and incurable There are severall degrees of admonition to be observ'd first alone that he may if it be possible repent without a witnesse of his fault if that avails not a friend is to be taken with you one a second and a third if perhaps he will yield to their Authority And hitherto Christ hath said nothing which is not almost in the same words deliver'd in the writings of the Jews For this is extant in the book Musar If say they hee will neither then bee reconciled friends being used two or three let him depart and leave him to himself for such a one is implacable and is call'd a sinner But the same book in another place addes one degree more for thus it saith If neither by this means he shall prevaile any thing friends being used then he ought to make him ashamed in the presence of many Which Christ not disapproving according to his exceeding lenity which he would have us to imitate would have us try all things first before we give up the man for lost for that is the sense of Let him be unto thee as a Heathen and as a Publican that is an incorrigible sinner So in the Gospel are often joyn'd Publicans and sinners and the Gentiles are call'd sinners as when Christ saith hee should be deliver'd into the hands of sinners Wherefore the meaning of Christ is that before we relinquish all hope after a few witnesses any company of pious men ought to be adhibited to the end the scandalous person may be reclaim'd by the number and consent of grave men by the punishment or censure of many as Paul speaks For in Musar and in Paul the many and in the words of Christ the Church are the very same Certainly that a Company not great is comprehended in the name of Church both the LXX teach us and Paul too who hath entitled by the name of Church one family of pious people Here it sufficeth that it be understood this place in Matthew is nothing to their purpose for a company both of Pastors and of non-Pastors may be without the Assessors of whom now the question is What they adde concerning the Jewish Senates after long consideration I cannot grant The Synagogues of the Jews their Proseuche and Phrontisteries as Philo cals them were far different from their Courts of judgement In their Proseuchae were the Scriptures read and expounded all were instructed to speak againe with Philo to the love of God to the love of vertue to the love of men whereto answer those three words of Paul Godly soberly justly Here are no judgments exercised upon any That was done in the Courts of judgement where the Judges had cognizance of Sacred matters as well as of Profane the same Judges by the same Law for in the Hebrew people these were never disjoyn'd These Judges were partly in the severall Cities partly in the Head City Those were the lesser Synedryes to the Hellenists this the Great one and by an excellency the Synedry Whence the Hebrews following the Hellenists derived Sanhedrin None of these Courts because they had all of them coactive power could be retained in the Apostolicall Church because it is