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A37249 De jure uniformitatis ecclesiasticæ, or, Three books of the rights belonging to an uniformity in churches in which the chief things, of the lawes of nature, and nations, and of the divine law, concerning the consistency of the ecclesiastical estate with the civil are unfolded / by Hugh Davis ... Davis, Hugh. 1669 (1669) Wing D417; ESTC R5997 338,525 358

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Can. 4. ibid. Vid. Canon Apost Can. 1.2 Baptising them in the name of the Father and of the Son and of the Holy Ghost c. And the like concerning matters of Discipline John 20.23 Whosesoever sins ye remit they are remitted unto them and whosesoever sins ye retain they are retained And the like also concerning Orders See Acts 1.23 24 25 26. And Acts 14.23 And the like also say the several Councels derivatively from the Scriptures concerning these things So the sixt General Councel of Constantinople in the 64 Canon Non oportet Laicum publicè disputare vel docere sed Ordini à Domino tradito cedere aurem iis qui docendi gratiam acceperint apperire Divina ab iis doceri That it doth not behove a Laick to dispute publickly or to teach but to give place to the Order delivered from the Lord and to open the Ear to those who have received the Grace of Teaching and to be taught by them Divine things So also in the Nicaene Councel of three hundred and eighteen Bishops under Constantine in the fourth Canon concerning the Ordination of a Bishop And in the Apostolical Canons in the first and second Canons concerning the Ordination of the other degrees of Ecclesiasticks and the like in all other Ecclesiastical Constitutions generally down all along the Ages of the Church Vid. Clement Roman Apostolic Constitut lib. 2. cap. 20 30 31 c. lib. 3. cap. 10 11 c. Let the Apostolical Constitutions of Clemens Romanus be looked into And the several Titles in the Sextum Clementines and other parts of the Canon Law concerning the Sentence of Excommunication and the other Censures of the Church and the pronouncing of them And these more general Powers and Rights are those which according to the Nature of them and the vote of all these things do only properly and externally belong to the Ecclesiasticks as such as the like also they have in all particulars whatsoever whether the Church be Incorporate into the State or not Incorporate into the State in any Community that are necessary as to them for the support and preservation of their Ecclesiastical Society And this is a grand Right both Natural and Divine belonging ordinarily to them as Governours in such a Society and he that shall deny them such Power must say that God hath denyed them the means to the end that he hath committed the preservation and support of the Church to them as Governours and Ministers of it and yet that he hath denied the power of doing those things which are necessary for such the preservation of it But yet by these means necessarily to be granted to them we are to be suppos'd to mean spiritual and lawful means De potestat Civili Ecclesiast cap. 3. ad fin Vid. De Imperiosum pot cap. 3. §. 6. 14. Supra lib. 1. cap. 3 §. 20. And in no case particularly that of rising in Armes against the present Lawful Magistrate that would be with Peter to take a Sword in an unlawful way sayes Triglaudius and that is not committed to them and that is against Humane Lawes and Divine and the Law of Nature c. sayes Grotius Although elsewhere he permit it even to any single person in case of extream danger to Rise as we have said heretofore Erastus Answered In Thesibus vid. Thes 74. et alibi X. Erastus hath here of late started a Question by his denial of any need of Church Censures their being executed by Clergy-men under a Christian Magistrate But he is to be answered with their being a purely Spiritual punishment and inflicted in a Spiritual way and for Spiritual ends and therefore that in the Nature and Quality of the thing they do properly belong to Spiritual Persons to use as a means for the support of their Spiritual Society and according to the appointment of Christ And this is to be observed farther That notwithstanding his seemingly favourable advice given to Magistrates in this particular yet no Magistrate since the time of his Writing hath followed it And it will be found true by any one that considers throughly of these things and as I have partly hinted already That he that shall so farre adventure to confound Divine Affairs with Humane as to put the business proper to the Function of the Ministry into the hands of the Laity to be managed Authoritatively by them shall do that which shall tend to the taking away the standing Ordinance of the very Ministerial Function it self and even of all Religion also whatsoever in the end especially if he shall make such confusion in this particular of inflicting Penalties which according to the different kinds of Penalties here pointed at is one Right necessarily belonging to the support of any Government or Society whatsoever either Ecclesiastical or Civil The Character of the Ecclesiastical person's Function is Indelible XI Last of all on the part of the Ecclesiastical Persons the Character also of their Offices impress'd upon them in their first Ordination to them is indelible as to any Humane Power It is in the Power of man to suspend degrade or depose them from the actual execution and discharge of their several Offices as all Lawes and Practices of the World except that of the Papal only have constantly affirmed but God only at first invested them with the Habitual Power belonging to their several Offices and he only can take them away from them again These things then being thus stated and describ'd on the Ecclesiastical Persons part I come next to the part of the Civil Magistrate and to the Rights and Powers belonging to him as such and which are here concern'd also The necessity of some supreme amongst men XII On the part of the Civil Magistrate then first of all this is certain that both in relation to all Humane Affairs more generally and in every Ecclesiastical Uniformity more particularly there must of necessity be some supreme amongst men in every Society For what from Nature the Philosophers say notionally and in the general Averro's Metaph 5. Tom. 6. That Ordo nan datur nisi cum relatione ad aliquid primum there is no order of things but with relation to some first The same also from Art say the Polititians practically and in particular concerning Humane Society that the order of Persons to be observed in every Society of men must necessarily terminate in some Supreme in that Society XIII He then is Supreme in every Society The Supreme person defin'd as to his Political Qualification who hath the Supreme Jurisdiction over all others in that Society And Jurisdiction is defin'd by the Civilians to be Potestatem Juris dicendi A power of giving Law to others XIV The Person Vid. F. Si qui Jus dicenti non obtemperaverit L. unica ¶ Is videtur alibi And as to his person and that is the Civil Magistrate Supra lib. 1. ca. 1. §. 11.