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A85746 Of the authority of the highest powers about sacred things. Or, The right of the state in the Church. Wherein are contained many judicious discourses, pertinent to our times, and of speciall use for the order and peace of all Christian churches. / Put into English by C.B. M.A. The method of every chapter is added in the margent, and collected at the end.; De imperio summarum potestarum circa sacra. English. Grotius, Hugo, 1583-1645.; Barksdale, Clement, 1609-1687, translator. 1651 (1651) Wing G2117; Thomason E1244_1; ESTC R202244 156,216 365

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Prophets some Evangelists some Pastors and Doctors not only distinct in Functions but by certaine degrees also For God hath given in the Church first Apostles in the second place Prophets in the third Do ors The very Deaconry by the Apostles instituted is sufficient to prove that Christ had not commanded an equality of Church-men Therefore we set down this first as a thing of undoubted verity Wherein we have Lanchius Chemnitius Hemingius Calvin Melanchthon Bucer all consenting with us yea and Beza too so far as to say That some one chosen by the judgement of the other Presbyters should be and remaine President of the Presbytery cannot nor ought not to be reprehended Secondly we determine That the Episcopacy we speak of hath been received by the Universall Church This appears out of the Universall Councils whose Authority even now among pious men is very Sacred It appears also by comparing Synods either Nationall or Provinciall whereof there is hardly one to be found but it carries in the forehead manifest signs of Episcopall eminence All the Fathers none excepted testify the same Among whom the least friend to Episcopacy is Jerom being himself not a Bishop but a Presbyter His testimony therefore alone sufficeth It was decreed all the world over that one chosen from among the Presbyters should bee set over the rest to whom all the care of the Church should pertaine Yea so universall was this Custome that it was observed oven among the Hereticks which went our of the Catholick Church All these things saith the Author of the Homilies upon Matthew which are proper to Christ in verity have Hereticks also in their Schism Churches Scriptures Bishops and other orders of the Clergy Baptisme Eucharist and all things else Certainly this errour of Aerius was condemned of all the Church that he said A Presbyter ought to be discerned from a Bishop by no difference Jerom himself to him who had written There is no difference between a Bishop and a Presbyter answers 'T is spoken as ignorantly as one would wish you have as the Proverbe is made shipwrack in the Haven Lastly Zanchius also acknowledgeth the consent of the whole Church in this point Our third determination is That Episcopacy had its beginning in the Apostolicall times Witnesse the Catalogues of Bishops in Irenaeus Eusebius Socrates Theodoret and others all which begin from the Apostles age now to derogate faith in an Historicall matter from so great Authors and so consenting together it cannot but be the marke of an irreverent and pertinacious mind It is all one as if you should deny the truth of that which all the Roman Histories deliver That the Consulship began from the expulsion of the Tarquins But let us againe heare Jerom At Alexandria saith he from Mark the Evangelist the Presbyters alwaies elected one from among themselves placed him in a higher degree and call'd him Bishop Marke deceased in the 8. of Nero to whom John the Apostle being yet alive succeeded Anianus to Anianus Abilius to Abilius Cerdo The same Apostle surviving after the death of James Simcon had the Bishoprick of Jerusalem after the death of Peter and Paul Linus Anacletus Clemens Held that of Rome Evodius and Ignatius that of Antioch Surely this Antiquity is not to bee contemn'd whereunto Ignatius himself the coetanean of the Apostles and his next followers Justin Martyr and Irenaeus yield most apparent testimonies which need not bee transcribed We will end this with Cyprian Now saith he through all Provinces and through every City are appointed Bishops Our fourth is this This Episcopacy is approv'd by Divine Law or as Bucer speaks it seemed good unto the Holy Ghost that One among the Presbyters should be charged with a singular care The Divine Apocalyps affords an irrefragable argument to this assertion for Christ himself commands to write unto the seven Angels of the Asian Churches Who by Angels Understand the Churches themselves they manifestly contradict the Holy Scriptures For the Candlesticks are the Churches saith Christ and the stars are the Angels of the seven Churches 'T is a wonder how farre men are transported by the spirit of Contradiction when they dare confound things so openly distinguisht by the Holy Spirit We deny not but every Pastor in a generall signification may be capable of this title of Angel but here 't is manifestly written to One in every Church Was there but one Pastor in every City No sure for even from the time of Paul at Ephesus were many Presbyters ordained to feed the Church of God Why then is the Letter sent to One in every Church if no One had a peculiar and eminent Function Under the name of Angel saith Austin is commended the Governour of the Church The Angels are the Presidents of the Church saith Jerom. If any had rather hear the modern Writers let Bullinger speak The heavenly Epistle is destin'd to the Angell of the Church of Smyrna that is the Pastor Now Histories doe witnesse that Angel or Pastor of the Church of Smyrna Polycarpus was ordained Bishop of the Apostles namely by St John and lived in the Ministery of this Church 86. years What Bullinger relates of Polycarpus is confirmed by Irenaus Tertullian and other Antients who say We have the Churches nourished by John for though Marcion reject his Apocalyps yet the Order of Bishops recounted to its Originall will stand upon John the Author Let Marorat also speak John began with the Church of Ephesus for the celebrity of the place nor doth he addresse himself unto the people but the Prince of the Clergy that is the Bishop Haply Beza's Authority or Rainolds will be more accepted See therefore what favour the Truth found with them Beza To the Angel that is to the President who was in the first place to be admonisht of these things and by Him his other Colleagues and all the Church Rainold In the Church of Ephesus although there were many Presbyters and Pastors for the administration thereof yet One was over those many whom our Saviour calls the Angel of the Church and writes the things to him which others from him might learn Certainly if it be well said by Dio Prusoeus that Kings are the Genii of their Kingdomes and in Holy Scripture Kings are stiled by the name of Angels who sees not that this name is also by an excellent right agreeable to the Prince of Presbyters Christ therefore writing to those Bishops as men Eminent in the Cergy without all question hath approved this eminence of Episcopacy To let passe the Annotations after the second Epistle to Timothy and that to Titus which are found in the most antient Greek Copies Concerning Timothy hear the writer supposed Ambrose whose words are these Timothy created Presbyter by himself the Apostle called Bishop because the prime Presbyters were so entitled of whom One receding the next succeeded but because the following Presbyters began to be found unworthy to hold
and Authority who is set to keep order amongst men Lastly of another mind were All that have hitherto defended the Protestant cause against the Papists Next concerning the Right and Office of the Highest before and in the Synode it is controverted Whether it be lawfull for the power to designe the persons that shall come unto the Synode or no. It is lawfull we doubt not but to cleare the matter let us proceed in order After that Christ instituted the Church and the Pastorall office it hath been lawfull by the Law of Nature not the immutable Law but by that which hath place untill some other Provision be made for the Church in things concerning the Church or for the Pastors in things concerning the Pastorall office to make choice of them that shall goe to the Synode because no Humane Law no agreement interceding to determine the persons there is not other way By this right the Brethren of Antioch send some of their number with Paul and Barnabas to Ferusalem Likewise the Elders and the Church of Ferusalem together with the Apostles send out of their Company chosen men to Antioch But in all the ages following I find no example of election made by the Church for to the Diocesian Synodes assembled all the Presbyters to the Metroplitan all the Bishops unlesse any were detein'd by great necessty Here then is no election but that the Bishops seeme to have taken with them to the Metropolitan Synods some Presbyters and Deacons at their own pleasure That greater Synods might assemble the Encyclic Letters of the Emperours were sent to the Metropolitans and for the most part the election of their fellow-Bishops was imposed on them to compleat the number which the Emperours had prescribed This appears by the Letters of Theodosius and Valentinian to Cyrill the like whereof were sent to all the Metropolitans as the Acts doe testify Plainly to Cyril is the election there committed which election the Metropolitans made sometimes alone sometimes with the Provinciall Synode of their Bishops Of the suffrages of the Church or people there is no appearance The Metropolitans in case any of them could not be present in Synods themselves sent some Bishop or Presbyter to spply in their names and to keep their places Albeit this were the most frequent manner of election yet by no Law was the Highest Power forbidden to call Synods of Pastors elected by his own discretion This alone is enough to prove a permission but reason doth evince the same if we consider the ends before spoken of for which Synods are assembled For first many Synods are had only for Counsell but naturally it is lawfull for every one to chose his Counsellours so it is in questions of the Law of War of Merchandise and all other affairs between which and the Ecclesiasticall as to meere consultation there is no dissimilitude Synods are also holden for the exercise of Externall Jurisdiction committed to them by the Highest Power but this is also naturall for every one to choose his Delegate In the Synods that are gather'd for procuring of consent the case is somewhat different in these it seems very expedient that the Election be either by the Churches or by the Pastors to the end the acts of the Synod may be more passable for men are wont to like those things best which are done by those persons whose faith and diligence themselves have chosen This therefore belongs not to the Right but to the prudent Use of it and is not perpetuall because it may sometimes happen that the election made by Pastors may be lesse available to concord than if it be made by the Highest Powers Againe in a Synod held for Counsell or Jurisdiction because the Highest powers take not notice of all able men it may be best sometimes to receive them upon the commendation of the Church or Pastors We say then not that the Highest Power ought alwaies to choose the persons but that he alwaies may Our leader in this judgement is Marsilius Patavinus for he saith It pertains to the Authority of a Law-giver to call a generall Councill and to determine fit persons for it by determining he means not only approbation of the persons but election too and herein he is followed by the Learned French Defender of the Protestants cause against the Trent Synod Nor are examples wanting The King of Israel cals unto him what Prophets he will● and namely Michaia at the persuasion of Fehosophat The Donatists request a Synod of Constantine to judge between them and other African Bishops by this Petition We beseech you excellent Emperour because you are of a just and Royall extraction whose Father was no persecutour and because Gallia is not infected with this iniquity that your piety would command Judges for us thence to allay the contentions here Not the Churches not the Synod of Gallia but the Emperour names the Judges To the first Synod of C. P. Theodosius admitted also Macedonian Bishops who were not surely chosen by the Churches or Bishops Catholick That other Emperours and Kings used the same Right is very certaine And this very thing did the Protestants desire of the Emperour Charls the Fift and the other Kings that they might have leave to choose pious and learned men and send them to the Synod But here we must observe when the Churches or Bishops choose men for the Synod whether by their Native or Dative Liberty The Supreme Governour hath an undeniable power still over that election For all use of Liberty as above is said is subject to Command and the vertue thereof is this that for just causes some turbulent men or otherwise unfit may be excluded from publick businesse That the time and place were proscribed by the Emperours for the Councill the things also to be done and the manner of doing that Synods were translated at their pleasure or dissolved both others before us and we also have made so plain that I think it will be denyed by none Wherefore let us now rather see what Judgement in the Synod is competent to the Highest Power They phansie to themselves an Adversary over whom they may get an easie victory who take the pains to prove that the Bishops judged not the Emperours alone for who ever did so forget himself as to deny that but this we affirme The Highest Power hath right to Judge together with the Pastors the proofe whereof is needlesse here because above we have made good to the H. Power an Universall right of judging which certainly by the Synod cannot be taken away But whether it be best for the Supreme Governour to expresse himself and how far is another question Let us goe through every end of Synods If a Synod be had for Declarative judgement that is that the Bishops may shew out of the holy Scripture what is true what false what is lawfull what unlawfull here the King being well versed in the Bible cannot be depriv'd of that which is granted to private men to search the Scriptures to try the spirits But
of the Gospel for Kings are Pastors too and that of the Lords flock yea Pastors of the Pastors as a Bishop once call'd King Edgar though distinct yet agree in this that the same which is the Pastors only care is the principall care of the Highest Powers namely that Divine things may be rightly ordered and the Salvation of men procured we need not wonder if the Highest Powers for the community of the matter and the end receive sometimes the title of the other Function Hence it was that Constantine call'd himselfe a Bishop and other Emperours had the title of Renowned Pontifs or Priests In the Emperour Martianus the Roman Bishop extolls his Priestly mind and Apostolicall affection and Theodoret mentions the Apostolicall cares of Theodosius As the names so the privilege of the Function hath been given to Emperours The sixt generall Synod forbiddeth Laicks to approach the Altar i.e. the Table of the Lord but the Emperour is excepted Upon which place Balsamo Bishop of Antioch observes how the Emperours were wont to Seale with Wax as the Bishops of that time did and to instruct the people in Religion Now if the Emperours were called as we have shewed they were Bishops and Pontifs and Priests there was then no cause of upbraiding some English writers for attributing to their King a certaine spirituall power seeing the name is often imposed not from the manner of working but from the matter as we call the Laws military nauticall rurall Wherefore the Kings power is also spirituall as it is conversant about Religion which is a spirituall thing CHAP. III. How far sacred and profane actions agree as to the right of having Command over them FIrst let us see what kind of actions for about them Authority is properly conversant may be the matter of command and then what effect the command may have in the severall kinds Actions are first divided into externall and internall The externall are the primary matter under humane power the internall are the secondary nor for themselves but by reason of the externall and therefore about the internall which are wholly separated from the externall and respect them not humane commands are not given Hence is that of Seneca He erres who thinks the whole man can be subdued for the better part is excepted and that common saying Thought is free The reason is because Government re-requires some matter which may fall under the Governours knowledge but God alone is the searcher of hearts and hath the sole Empire of them Unto men the internall acts of others are uknown by their own nature by their own nature I therefore adde because the externall that are done in secret are under Government for by their nature they may be known I said internall acts are subject to command secondarily that comes to passe two wayes either by the intention of the Ruler or by a kind of repercussion in the first manner where the inward act is joyned with the outward and hath influence upon it for the mind is esteemed in offences either perfected or begun in the latter when because any act is made unlawfull by the interdiction of the Ruler for we must be subject not only for wrath but for conscience sake by thought to intend that action is unlawfull not as if humane Law were properly made for the thought but because no man can honestly will that which is dishonest to be done Another partition of Actions is this that before any thing is by men ordain'd concerning them they are either morally defin'd or indefinite Morally defin'd I call those which are either due or unlawfull those may be said to be morally necssary those morally impossible as in the Law dishonest things are all expressed by that word This determining of Actions before any Act of humane Authority ariseth either from their own nature as to worship God is due to lye unlawfull of it self or from the Positive divine Law Those of the former sort are referred to the Law naturall but lest any be deceived by the ambiguity of the word naturall not only those Action are called naturall which flow from principles known by nature but those also which come from naturall principles certainly and determinatly For naturall in this argument is opposed not to Supernaturall but to Arbitrary So when as it is certaine God the Father Son and Holy Spirit are one true God that the same God be worshipped is a point of naturall Law Actions of the latter sort that is determined or defin'd by divine Positive Law are such as were prescrib'd by God some to all men some to one people some to single persons namely to Abraham Isaac Jacob Moses and other servants of God Among all people to Israel alone God prescribed many Positive Lawes pertaining to Religion and other things To all mankind some things were commanded for a time as the Law of the Sabbath presently upon the Creation as some think the Law of not eating bloud or the strangled after the floud Other things to last for ever as the Institutions of Christ concerning Excommunication Baptisme the Supper and if there be any more of that kind These things being understood it may seeme that such Actions only are the just matter about which Humane Authority is exercised which by Divine are left indefinite and free either way For Aristotle describes that which is legally just to be that which from the beginning was indifferent thus or thus but after the Law made ceaseth to be so And this is true if we only look upon such an act of Authority which intrinsecally changeth the action for when as the things that ought to be done and the things unlawfull are determined and therefore immutable as to morall good or evill it follows that indefinite actions are left as the only matter of such a change Neverthelesse when the things that ought to be done and those that ought not are capable of a change extrinsecall and may receive it from humane Authority it is manifest they are Subject to the same Authority unlesse they be actions mecrely internall Hither it pert●ins to assigne the time place manner and per●●ns for performing of due actions so f●r as the circumstances are undefin'd by the nature of the thing and the Law of God also to take away impediments and sometimes to adde rewards and to restraine unlawfull actions by such punishments as are in the Rulers power or else to inflict no punishments which is call'd permission of the fact and is sometimes no fault To him that looks more narrowly into these things it will appeare that by humane command there ariseth a new Obligation even in Conscience though of lesse degree in the things which men were before bound to doe or leave undone For the divine Law of the Decalogue saying to the Jew Thou shalt not kill Thou shall not steale and the rest not only declar'd what was of the Law naturall but by the precept
evince nothing lesse To the first place Deut. 17. where the Israclites are commanded to doe according to the sentence which the Priests shall declare unto them we answer that the Judge is also mentioned there and Sacred things are not spoken of peculiarly but any capitall or pecuniary Controversies If there arise a matter too hard for thee in judgement between bloud and bloud between plea and plea c. The Law speaks to the inferiour Judges and in things they understood not referrs them to the Senate wherein were Priests and other Judges all most knowing in the Law nor are those lesser Judges bound to the Authority of these but to the Law they should explain According to the sentence of the Law which they shall teach thee and according to the judgement which they shall tell thee shalt thou doe Just as if a King should now command the Judges to judge nothing contrary to what the Lawyers shall shew them to be lawfull when yet Lawyers themselves declare the Judge is not alwayes tyed to the declaration or opinion of the Lawyers Pertinent is that in the Gospell They sit in Moses chayr all therefore whatsoever they bid you observe that observe and doe which is well explained by Stella and Maldonat though Romanists so far as they teach what Moses sitting in his chayr hath taught they must be heard Only so farre for the Teachers rashnesse will not excuse the over-credulous Scholer That which followes in Deut. concerning the punishment of the man that will not hearken unto the Priest or unto the Judge evidently shewes that the Priests did not only give answer upon the Law but enjoyed also a part of the Government as elsewhere we have demonstrated wherfore this concerns the Priests of the Old Testament as they were Magistrates and cannot be extended to the Ministers of the Gospel There is another place wherein some do much glory Num. 27.21 God speaks of Joshua in this manner He shall stand before Eleazar the Priest who shall ask counsell for him after the judgement of Urim before the Lord at his word shall they goc out and at his word they shall come in both hee and all the children of Israel with him even all the Congregation But this place also if it be rightly understood is far from the purpose It is certain the Urim which in other places is more fully the Urim and Thummim was in the Ephod or pectoral of the Hebrew High-Priest The manner of answering by Urim and Thummim as the Jewes relate was thus If the matter upon which the Question was should succeed happily the precious stones would sparkle with a heavenly lustre if otherwise they would not change their native colour And learned men have observed out of Maimonides that the High-priest was wont to stand before the Prince for honour sake but the Prince stood not before the Priest unlesse Urim were consulted whereby it appears the honour was done to the Oracle not the Priest and according to the judgement of Urim that is the judgement of God not of the Priest Joshua must go out and in Compare with this another place very like it 1 Sam. 30.7 If the Ministers of the Gospel will make any use of this then let them propose to Governours our Gospel-Urim that they may there behold the Divine threats and promises and let them require obedience not to themselves but it which shines by its own light and is placed not in the Pastors only but all Christian hearts being that saving Grace which hath appeared unto all men But enough of this first admonition That the Highest Power ought in matters of the Church to hear and examine the opinions of Church-men Another generall admonition pertaining to the manner of exercising the Supreme Governours Right is this That He must have a special care of Ecclesiasticall Peace and Concord This is as it were the very Soul and life of the Church Hereby saith Christ shall men know that yee are my Disciples if ye love one another And it was the Divine character of the Primitive Christians The multitude of believers was of one heart and soul Nor had Constantine and after him the other Christian Emperours any greater care than to prevent or heale the dissentions of the Church Julian on the contrary hating the Christians with an implacable hatred could invent no way to hurt them worse than by opening a wide way for Schismes and divisions This he did faith Ammianus that the discords of the people being encreased by license they might not be any terrour to him And saith Austin By this means he thought to destroy the Christian name if out of his envy to the Churches unity whence he had fallen he permitted sacrilegious dissentions to be free from censure All pious men may pitty these our Times being as sick of the same Licence as ever was any Age. Whether it be more the Pastors or the Princes fault see the Testament of the Prince Elector worthy to be read by all the friends of the Church and let all Princes know that it very much concerns them as Austin speaks truly to procure that the Church their mother may have peace and quietnesse in their time The Cautions which conduce to Unity are principally these First Abstain from deciding Questions as much as may be that is saving the Doctrines necessary to Salvation or very profitable to that end 'T is Nazianzen's advice Enquire not curiously into the manner of every thing and Austin saith In some things even the best and most learned Catholicks doe not agree and yet the body of faith is still entire This modesty of defining the Fathers in the Nicene Synod and the first of Constantinople and the Moderators of them the Emperours have observed for having set down this Confession that the Father Son and Holy Spirit are distinction from one another yet one God and of the same Essence in explaining the manner of difference between the Essence and Hypostasis they were not sollicitous The Bishops at Ephesus and Chalcedon and the Emperours of those times having defined that the person of Christ is one his Natures two thought it not fit to enquire subtilly into the manner of hypostaticall Union In the Milevitane and other Synods the Fathers and the State-men present for the vindication of Gods grace pronounced plainly against Pelagius and his Reliques That without the Divine grace nothing spiritually good can be begun by man or continued or perfected but many things sharply disputed about the order of predestination and about the manner of reconciling mans free will with Gods free Grace they passed over with a prudent silence All the Fathers of the antient Church confesse that in the most holy Sacrament of the Lords Supper are exhibited the visible signs of Christ invisibly present concerning the manner of his presence they differ in their speech and yet for this they doe not break the Peace Wherefore Doctrines
that Maintenance is assigned them out of the publick either lands or moneys that Vacation from civill offices and in some causes exemption from the Court of Inferiour Judges is indulged to them All which shewes that their publick Confirmation is by the favour of the H. Power as the Institution of their Office is from God their Ordination by the Pastors Only there remaines to be disputed their Election that is the Application of the Person to the Place or of the Place to the Person That we may handle this question exactly we must have recourse to that distinction set down afore Some things are of immutable right other things are just and right untill it be constituted otherwise In this later way not in the former the Election of a Pastor in any place whatsoever belongs to the Church or Congregation of the faithfull in that place That the Election is rightly made by the Church is proved by the very Law of Nature for naturally every Society is permitted to procure those things which are to their own conservation necessary in which number is the Application of Functions So have the Company in a ship a right to choose the Master Fellow-Travellers their Leader a free people their King Whence it follows if the Divine Law hath not prescribed a certain way of electing and as yet no Humane Law thereof is extant then the Election of their Pastor pertains unto the Church But he that will affirm this Right to be immutable must evince the immutability either by the Law of Nature or by the postive Law of God By the Law of Nature he cannot for no reason persuades it and like examples shew the contrary So many Nations who are under the Command of the best men or of hereditary Kings may not now Elect their King because that which Nature did permit might be chang'd by Humane Law and hath indeed been chang'd He must then have recourse to Positive Law which he will never be able to produce Examples in stead of Law hee must not allege for many things are rightly done which yet are not necessary to be done Nay more not only many things grounded upon examples of the Apostles time but also some things Instituted by the Apostles use hath altered to wit such things which were not strengthned by the force of a Law The Apostles Instituted that the Churches should have Deaconesses which Pliny also shewes to have been among the Christians in his age What Church is there now wherein this Office is retain'd And Beza saith he sees no cause why it should be restor'd The same Beza acknowledgeth the Function of the Deacons to have been perpetuall by Apostolicall Institution who neverthelesse approves the different usage of Geneva The Apostles Instituted that Baptism should be celebrated by immersion which by aspersion is now perform'd Many other things of like sort need not be prov'd abrogated seeing they are prov'd to have been used they are not prov'd to have been commanded But farther it appears not out of the whole History of the New Testament that Pastors were Elected by the people that the manner of Election remained indefinite is more easily collected thence I speak of Pastors for of the receivers of the Churches mony there is not the same reason The Apostles were very sollicitous lest by taking of the publick mony they should incur suspicion or give offence Paul might assume Luke unto himself by his Apostolicall Power and commit to him the custody and disposition of Collections for the poor but he chose rather to permit a free election to the Churches for this reason as himself speaks that no man should blame him in the administration of so copious munificence For the like cause was the election of Deacons remitted by the Apostles to the multitude that no man should complaine of any partiality between the Hebrews and the Hellenists But this was not perpetuall the reason thereof being temporary for in the next times after the Apostles the Deacons were not chosen by the people but by the Bishops the people being sometimes consulted with and sometimes not To proceed with the Pastors the Princes of them the Apostles were elected by God the Father and by Christ I have chosen you twelve I know whom I have chosen saith Christ After that He through the Holy Ghost had given Commandements unto the Apostles whom he had chosen saith Luke Paul an Apostle not of men nor by men but by Jesus Christ and God the Father So them that were in the next degree to Apostles the LXX Evangelists Christ himself appointed This Divine Election to Preach the Doctrine then first brought down from Heaven is signified by the word of sending for after the Election of those LXX it is said pray the Lord to send Labourers into his Harvest and that is pertinent How shall they Preach unlesse they bee sent When Christ was ascended into Heaven the promised Comforter supplyed his place Therefore both to the ambulatory and to the standing Offices the fittest men were chosen by the judgement and testimony of the Spirit but by the Ministry of the Apostles or of them whom the Apostles had made Governours of the Churches So Timothy was admitted to his charge according to the prophecies which went before on him that is saith Theodoret by Divine revelation not by Humane suffrage saith Chrysostomo And Oecumenius generally of that age By appointment of the Spirit were Bishops made not in a common way Hence Paul in his oration to the Presbyters of Ephesus tels them They were made Overseers over the Lords flock by the Holy Ghost Sometimes also Lots were cast that the people might by the event be certified of the Divine judgement The most antient Authour Clemens of Alexandria hath left this written of John the Apostle By Lot He chose the Clergy of those that were signified by the Spirit Nor is it a new thing to use Lofs in the choice of Priests but used also by the Gentiles by the antient institution doubtlesse of the sons of Noah This illustrates the History of Matthias whom I wonder by what argument some have persuaded themselves to have been elected by the people for in Luke there is no foot-step of such election What is said They appointed two Barsabas and Matthias ought not to be referr'd unto the multitude as Chrysostome would have it but as it is the common opinion of the Fathers to those eleven whose names are afore exprest and who by the mouth of Peter had spoken to the multitude These are they who in the words immediatly following are said to have powred out their prayers unto God and to have given forth their Lots that it might appeare not whom the multitude but whom God had chosen for so themselves speak wherefore that which follows is not to be rendred He was chosen by the suffrages of all for who can believe that the people were call'd to
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 ●om it Separation Epist 68. Jo. 10. Rom. 16.17 Ti● 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 frō 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 ●pisc Cl●ic Novel 123 2 Chron. 19.8 11. 22. Ecclesiasticall app●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 Presbyte●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 Pollu● 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. Mutab●lity in the man●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 distingu●sh● 〈◊〉 ●ot necessary 3. Of Bishops and Lay-Elders 3 The word shop● plain Here ●●ken so the O●●sver ●●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 L● 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 o● Ordination 16. For what reasons Bishops were laid by in some Churches De Minister ●vang Grad cap. 23. 17. Lay-Elders none in the Apostolicall ●ime 18. All the antients by Presbyters understand only Pastors The ambigu●ty of the word Seniors and Elders 19. The Penitentiary Presby●er De peniten● 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 d●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. Cha●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 cer●ain cau●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. T●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