societatem verumetiam quae ad Divinam religionem In this Kings and Princes do serve God as they are commanded by God if they do command as they are Kings in their Kingdoms those things that are good and honest and prohibit the things that are evil not only in causes that do properly appertain to civil society but also in such thâ—ngs as belong and have reference to Religion and Piety And when they do so the Bishops and Priests be they whom you will should observe their Commands That the Bishops Priests ought to submit themselves to the lawful commands diâ—ections of their Kings civil Governours and submitt themselves in all obedience to their Determinations and censures For Moses was the civil Magistrate and the Governour of the people and as he received them from God so he delivered unto the people all the Laws Statutes and Ordinances that appertained to Religion and to the Service of God And when Aaron erected and set up the golden Calf to be worshipped and so violated the true Religion and Service of God Moses reproved and censured him and Aaron though he was the High Priest of God and the Bishop of the people yet as a good example for all other Priests and Bishops he submitted himself most submissively unto Moses the chief Magistrate and said Let not the anger of my Lord wax hot Exod. 32.22 And I would the Pope would do so likewise And therefore though we say the Judge is to be preferred before the Prince in the knowledge of the Laws and the Doctor of Physick in prescribing potions for our health and the Pilot in guiding his Ship which the King perhaps cannot do Yet it cannot be denied but the King hath the commanding power to cause all these to do their duties and to punish them if they neglect it So though the King cannot preach and may not administer the holy Sacraments nor intrude himself with Saul and Vzzia to execute the Office of the Priest or Bishop yet he may and ought to require and command both Priests and Bishops to do their duties and to uphold the true Religion and the Service of God as they ought to do and both to censure them as Moses did Aaron and also to punish them as Solomon did Abiathar if their offence so deserve when they neglect to do it and both Priests and Bishops ought like Aaron and Abiathar to submit themselves unto their censures CHAP. VII The Objections of the Divines of Lovaine and other Jesuites against the former Doctrine of the Prince his authority over the Bishops and Priests in causes Ecclesiastical answered And the foresaid truth sufficiently proved by the clear testimony of the Fathers and Councils and divers of the Popes and Papists themselves BUt against this Doctrine of the Prince his authority to rectifie the things that are amisse and out of order in the Church of God Obj. the Jesuites and their followers tell us Spirituales dignitates praestantiores essâ— secularibus seu mundanis dignitatibus That the Spiritual Dignities are more excellent than those that are worldly When as these two Governments Gen. 1.16 Rom. 13 1â— And though the light of the Church be the greater yet that proves nor but that the King should be the prime and chief Governor of the Church the one of the Church and the other of the Common-wealth are like the two great Lights that God hath made the greater light to rule the day and the lesser light to rule the night and the Government of the Church must needs be acknowledged to be the Day and to have the greater light to guide and to direct it The Apostle telling us plainly that now the Gospel being come and the Church of Christ established the night is past or far spent and the day is at hand and come amongst us And the Government of the Secular State is like the Moon that ruleth the Night and receiveth her cleerest light from the Sun as all Christian Kingdoms do receive their best light and surest Rules of Government from the Church of God which is the pillar and the ground of truth But To these that thus make the Civil Government subordinate to that which is Spiritual as both the Papists and our Fanatick-Sectaries here amongst us like the old doting Donatists would do and so abridge and deprive the Christian Prince of his just right and jurisdiction over the affairs and persons of the Church I answer Sol. 1. That Symbolical propositions examples parables comparisons and similitudes can prove nothing they may serve for some illustrations but for no infallible demonstrations of truth Isidorus in Glossa in Gen. ut citatur In the Scourge of Sacriledge 2. I say that Isidorus a popish Doctor preferreth the Government of the Kingdom before the Priesthood by comparing the Kingdom unto the Sun and the Priesthood unto the Moon 3. I say that Theodore Balsamon a good School-man saith Nota Canonem Dicit Spirituales dignitates esse praestantiores secularibus sed ne hoc eò traxeris ut Ecclesiasticae dignitates praeferantur Imperatâ—riis quia illis subjiciuntur You must note that when the Canon saith the Spiritual dignities are more excellent than the Secular Balsamon in Sexta Synodo Canone 7. you must not so understand it as to prefer the Ecclesiastical Rule or Dignities before the Imperial State because they are subject unto it and so to be ruled by it 4. And lastly I say that the Regal Government or Temporal State and civil Government of the Common-wealth is not meerly secular and worldly as if Kings and Princes and other civil Magistrates were to take no care of mens souls and future happiness which they are bound to do and not to say with Cain Nunquid ego custos fratris Am I obliged to look what shall become of their souls But they are called Secular States and civil Government because the greatest though not the chiefest part of their time and imployment is spent about Civil affairs and the outward happiness of the Kingdom even as the Ecclesiastical persons are bound to provide for the poor and to procure peace and compose differences among neighbours and the like civil offices though the most and chiefest part of their time and labour is to be spent in the Service of God and for the good of the souls of their people And so Johannes de Parisiis another man of the Roman Church Johannes de Parisiis Can. 18. doth very honestly say Falluntur qui supponunt quod potestas regalis sit Corporalis non Spiritualis quod habeat curam corporum non animarum quod est falsissimum They are deceived which suppose that the Regaâ— power is only corporal and not spiritual and that it hath but the care and charge over the bodies of his Subjects and not of their souls Which is most false Obj. 2. They say as I have said even now that similitudes and examples nihil
would collect the testimonies of our best Writers I will adde but one of a most excellent King our late King James of ever blessed memory for he saith The improbity or fault of the Governour ought not to subject the King to them over whom he is appointed Judge by God for if it be not lawful for a private man to prosecute the injury that is offered unto him against his private adversary when God hath committed the sword of vengeance onely to the Magistrate how much lesse lawful is it think you either for all the people or for some of them to usurp the sword whereof they have no right against the publique Magistrate to whom alone it is committed by God This hath been the Doctrine of all the Learned The obedient example of the Martyrs in the time of Queen Mary of all the Saints of God of all the Martyrs of Jesus Christ and therefore not onely they that suffered in the first Persecutions under Heathen Tyrants but also they that of late lived under Queen Mary and were compelled to undergoe most exquisite torments without number and beyond measure yet none of them either in his former life or when he was brought to his execution did either despise her cruell Majesty or yet curse this Tyrant-Queen that made such havock of the Church of Christ and causelesly spilt so much innocent blood but being true Saints they feared God and honoured her and in all obedience to her authority they yielded their estates and goods to be spoyled their liberties to be infringed and their bodies to be imprisoned abused and burned as oblations unto God rather then contrary to the command of their Master Christ they would give so much allowance unto their consciences as for the preservation of their lives to make any shew of resistance against their most bloody Persecutors whom they knew to have their authority from that bloody yet their lawful Queen And therefore I hope it is apparent unto all men that have their eyes open and will not with Balaam most wilfully deceive themselves Numb 24.15 Gen. 19.11 or with the Sodomites grope for the wall at noon-day that by the Law of God by the example of all Saints by the rule of honesty and by all other equitable considerations it is not lawfull for any man or any degree or sort of men Magistrates Peers Parliaments Popes The conclusion of the whole or whatsoever you please to call them to give so much liberty unto their misguided consciences and so farre to follow the desires of their unruly affections as for any cause or under any pretence to withstand Gods Vice-gerent and with violence to make warre against their lawful King or indeed in the least degree and lowest manner to offer any indignity either in thought word or deed either to Moses our King or to Aaron our High Priest that hath the care and charge of our souls or to any other of those subordinate callings that are lawfully sent by them to discharge those offices wherewith they are intrusted This is the truth of God and so acknowledged by all good men And what Preachers teach the contrary I dare boldly affirm it in the name of God that they are the incendiaries of Hell and deserve rather with Corah to be consumed with fire from Heaven then to be believed by any man on Earth CHAP. X. Sheweth the impudencie of the Anti-Cavalier How the Rebels deny they warre against the King An unanswerable Argument to presse obedience A further discussion whether for our Liberty Religion or Laws we may resist our Kings and a pathetical disswasion from Rebellion I Could insert here abundant more both of the Ancient and Modern Writers that do with invincible Arguments confirm this truth But the Anti Cavalier would perswade the world Anti-Cavalier p. 17 18 c. that all those learned Fathers and those constant Martyrs that spent their purest blood to preserve the purity of religion unto us did either belye their own strength * Yet Tertul. Cypr. whom I quoted before and R ssiâ— hist Eccles l. 2. c. 1. and S. August in Psal 124. and others avouch the Christians were far stronger then their enemies and the greatest part of Julians army were Christians or befool themselves with the undue desire of over-valued Martyrdome but now they are instructed by a better spirit they have clearer illuminations to inform them to resist if they have strength the best and most lawful authority that shall either oppose or not consent unto them thus they throw dirt in the Fathers face and dishonour that glorious company and noble army of Martyrs which our Church confesseth praiseth God and therefore no wonder that they will warre against Gods annointed here on Earth when they dare thus dishonour and abuse his Saints that raign in Heaven but I hope the world will believe that those holy Saints were as honest men and those worthy Martyrs that so willingly sacrificed their lives in defence of truth could as well testifie the truth and be as well informed of the truth as these seditious spirits that spend all their breath to raise arms against their Prince and to spill so much blood of the most faithful subjects But though the authority of the best Authours is of no authority with them that will believe none but themselves yet I would wish all other men to read that Homily of the Church of England where it is said that God did never long prosper rebellious subjects against their Prince were they never so great in authority or so many in number yea were they never so noble so many so stout so witty and politique but alwayes they came by the overthrow and to a shameful end Yea though they pretend the redresse of the Common-wealth which rebellion of all other mischiefs doth most destroy The Homily against rebellion p. 390. 301. or reformation of religion whereas rebellion is most against all true religion yet the speedy overthrow of all Rebels sheweth that God alloweth neither the dignity of any person nor the multitude of any people nor the weight of any cause as sufficient for the which the subjects may move rebellion against their Princes and I would to God that every subject would read over all the six parts of that Homily against wilful rebellion for there are many excellent passages in it which being diligently read and seriously weighed would work upon every honest heart never to rebell against their lawful Prince And therefore the Lawes of all Lands being so plain to pronounce them Traytors that take arms against their Kings as you may see in the Statutes of England 25 Edw. 3. c. 2. And as you know it was one of the greatest Articles for which the Earl of Strafford was beheaded that he had actually leavied warre against the King The Nobles and Gentry Lords and Commons of both Houses of Parliament in all Kingdomes being convicted in their consciences with the
parte rex praeesset So Master Harding saith that the office of a King in it self is all one every where not onley among the Christian Princes but also among the Heathen so that a Christian King hath no more to do in deciding Church matters or medling with any point of Religion then a Heathen And so Fekenham and all the brood of Jesuites do with all violence and virulency labour to disprove the Prince's authority and supremacy in Ecclesiastical causes and the points of our Religion and to transfer the same wholly unto the Pope and his Cardinals Neither do I wonder so much that the Pope having so universally gained and so long continued this power and retained this government from the right owners should imploy all his Hierarchy to maintain that usurped authority which he held with so much advantage to his Episcopal See though with no small prejudice to the Church of Christ when the Emperours being busied with other affairs and leaving this care of religion and government of the Church to the Pope the Pope to the Bishops the Bishops to their Suffragans and the Suffragans to the Monkes whose authority being little their knowledg less and their honesty least of all all things were ruled with greater corruption and less truth then they ought to be so long as possibly he should be able to possesse it But at last when the light of the Gospel shined and Christian Princes had the leisure to look and the heart to take hold upon their right the learned men opposing themselves against the Pope's usurped jurisdiction have soundly proved the Soveraign authority of Christian Kings in the government of the Church that not onely in other Kingdoms but also here in England this power was annexed by divers Laws unto the interest of the Crown and the lawful right of the King and I am perswaded saith that Reverend ArchBishop Bancroft had it not been that new adversaries did arise Survey of Discip c. 22. p. 251. and opposed themselves in this matter the Papists before this time had been utterly subdued for the Devil seeing himself so like to lose the field stirred up in the bosom of Reformation a flock of violent and seditious men How the Devil raised instruments to hinder the reformation that pretending a great deal of hate to Popery have notwithstanding joined themselves like Sampson's Foxes with the worst of Papists in the worst and most pernicious Doctrines that ever Papist taught to rob Kings of their sacred and divine right and to deprive the Church of Christ of the truth of all those points that do most specially concern her government and governours and though in the fury of their wilde zeal they do no less maliciously then falsly cast upon the soundest Protestants the aspersion of Popery and Malignancy yet I hope to make it plain unto my reader that themselves are the Papists indeed or worse then Papists both to the Church and State For Opinion 2 2. As the whole Colledge of Cardinals and all the Scholes of the Jesuites do most stâ—fly defend this usurped authority of the Pope which as I said Of the Anabaptists and Puritans may be with the less admiration because of the Princes concession and their own long possesion of it so on the other side there are sprung up of late a certain generation of Vipers the brood of Anabaptists and Brownists that do most violently strive not to detain what they have unjustly obtained but a degree far worse to pull the sword out of their Prince his hand and to place authority on them which have neither right to own it nor discretion to use it and that is Where the Puritans place the authority to maintain religion 1 In the Presbytery either 1. A Consistory of Presbyters 2. A Parliament of Lay men For 1. These new Adversaries of this Truth that would most impudently take away from Christian Princes the supreame and immediate authority under Christ in all Ecclesiastical Callings and Causes will needs place the same in themselves and a Consistorian company of their own Faction a whole Volume would not contain their absurdities falsities and blasphemies that they have uttered about this point I will onely give you a taste of what some of the chief of them have belched forth against the Divine Truth of God's Word and the sacred Majesty of Kings Master Calvin a man otherwise of much worth Calvin in Amos cap. 7. and worthy to be honoured yet in this point transported with his own passion calleth those Blasphemers that did call King Henry the eight the supreme Head of this Church of England and Stapleton saith that he handled the King himself with such villany and with so spiteful words Stapl. cont Horn. l. 1. p. 22. as he never handled the Pope more spitefully and all for this Title of Supremacy in Church causes and in his fifty fourth Epistle to Myconius he termed them prophane spirits and mad men that perswaded the Magistrates of Geneva not to deprive themselves of that authority which God hath given them Viretus is more virulent How Viretus would prove the temporal Pope as he calleth the King worse then the spiritual Pope for he resembleth them not to mad men as Calvin did but to white Devils because they stand in defence of the Kings authority and he saith they are false Christians though they cover themselves with the cloke of the Gospel affirming that the putting of all authority and power into the Civil Magistrates hands and making them masters of the Church is nothing else but the changing of the Popedome from the Spiritual Pope into a Temporal Pope who as it is to be feared will prove worss and more tyrannous then the Spirituall Pope which he laboureth to confirme by these three reasons Reason 1 1. Because the Spiritual Pope had not the Sword in his own hand to punish men with death but was fain to crave the aid of the Secular power which the Temporal Pope needs not do Reason 2 2. Because the old spiritual Popes had some regard in their dealings of Councils Synods and ancient Canons but the new Secular Popes will do what they list without respect of any Ecclesiastical Order be it right or wrong Reason 3 3. Because the Romish Popes were most commonly very learned but it happeneth oftentimes that the Regal Popes have neither learning nor knowledg in divine matters and yet these shall be they that shall command Ministers and and Preachers what they list and to make this assertion good he affirmeth that he saw in some places some Christian Princes under the title of Reformation to have in ten or twenty years usurped more tyranny over the Churches in their Dominions then ever the Pope and his adherents did in six hundred years All which reasons are but meere fopperies blown up by the black Devil to blast the beauty of this truth for we speak not of the abuse of any Prince
and to be honest without knowledge or to have knowledge without experience especially in such places of eminency and for the affaires of importance may be as dangerous when their want of skill may counsel to do matters of much hurt but when both are met together in one person that man is a fit Subject to do good service both to God and the King and the King may be assured there cannot be a better furtherance to assist him for the well ordering of God's Church then the grave advice and directions of such instruments as it appeareth by that memorable example of King Ioas left to be remembred by all Kings who whilst the wise and religious Priest Jehoiada assisted and directed him had all things successefull and happy to his whole Kingdome 2 Reg. 12.2 but after Jehoiada's death the King destitute of such a Chaplain to attend and such a Priest to counsel him all things came speedily to great ruine Therefore I dare boldly avouch it they are enemies unto Kings and the underminers of God's Church and such instruments as I am not able to express their wickedness that would exclude such Jehoiada's from the Kings counsel for was not Saul a wicked King and Ahab little better yet Saul would have Samuel to direct him though he followed not his direction and Ahab would ask counsel of Micaiah though he rejected the same to his own destruction and King David 1 Reg. 22.16 though never so wise and so great a Prophet and Josias and Ezechias and all the rest of the good Kings had always the Priests and the men of God to be their Counsellors and followed their directions especially in Church causes Mar. 6.20 as the oracles of God so wicked Herod disdained not to hear John the Baptist and to be reformed by him in many things and happy had he been had he done it in all things And if you read Eusebius which is called Pamphilus for the great love he bare to that his noble Patron and Socrates and the rest of the Ecclesiastical Historians or the Histories of our own I and you shall finde that the best Kings and greatest Emperours had the best Divines and the most reverend Bishops to be their chiefest Counsellors and to be imployed by them in their weightiest affairs How then hath the Devil now prevailed to exclude them from all Counsels and as much as in him lyeth from the sight of Princes when he makes it a suspicion of much evil if they do but talk togethe How hath he bewitched the Nobility to yield to be deprived of their Chaplains Is it not to keep them that have not time to study and to finde out truth themselves still in the ignorance of things and to none other end then to overthrow the true religion and to bring Kings and Princes to confusion 2 To call Synods to discuss and conclude the harder things 2. When the King seeth cause God hath given him power and authority to call Synods and Councils and to assemble the best men the most moderate and most learned to determine of those things together which a fewer number could not so well or at least not so authoritatively conclude upon for so Constantine the Great called the great Council of Nice to suppress the Heresie of Arius Theodosius called the Council of Ephesus in the case of Nestorius Valentinian and Martian called the Council of Calcedon against Eutyches Justinian called the Council of Constantinople against Severus that renewed the Heresie of Eutyches Constantine the Fifth called the sixth Synod against the Monothelites and so did many others in the like cases God having fully granted this right and authority unto them for their better information in any point of religion and the goverment of the Church And therefore they that deny this power unto Kings or assume this authority unto themselves whether Popes or Parliament out of the Kings hand they may as well take his eyes out of his head because this is one of the best helps that God hath left unto Kings The unparallel'd presumption of the Faction to call a Synod without the king to assist and direct them in the chiefest part of their royal government how presumptuous then and injurious unto our King and prejudicial to the Church of Christ was the faction of this Parliament without the Kings leave and contrary to his command to undertake the nomination of such a pack of Schismatical Divines for such a Synod as might finally determine such points of faith and discipline as themselves best liked of let all the Christian world that as yet never saw the like president be the Judge and tell us what shall be the religion of that Church where the Devil shall have the power to prompt worldlings to nominate his prime Chaplains Socinians Brownists Anabaptists and the refuse of all the refractory Clergy The quality of the Synodical men that seem learned in nothing but in the contradiction of learning and justifying Rebellion against their King and the Church to compose the Articles of our faith and to frame a new government of our Church I am even ashamed that so glorious a Kingdom should ever breed so base a Faction that durst ever presume to be so audacious and I am sorry that I should be so unhappy to live to see such an unparallel'd boldness in any Clergy that the like cannot be found in any Ecclesiastical History from the first birth of Christ's Church to this very day unless our Sectaries can produce it from some of the Vtopian Kingdoms that are so far South ward In terra incognita beyond the Torrid Zone that we whose zeal is not so fiery but are of the colder spirits could not yet perfectly learn the true method of their Anarchical government or if our Lawyers can shew us the like president that ever Parliament called a Synod contrary to the King's Proclamation I shall rest beholding to them produce it if they can Credat Judaeus appella non ego The third thing requisite to a King for the preservation of true religion 3. An authority and power to guide the Church and to uphold the true religion and the government of God's Church is power and authority to defend it for though the Prince should be never so religious never so desirous to defend the faith and never so well able in his understanding and so well furnished with knowledge to set down what Service and Ceremonies should be used yet if he hath not power and ability which do arise from his right and just authority to do it and to put the same in execution all the rest are but fruitless embryoes like those potentials that are never reduced into actions Ps 129.6 or like the grass upon the house top that withereth before it be plucked up But to let you see that Kings and Princes should have this power and authority in all Ecclesiastical causes and over all Ecclesiastical persons we
the occasion of this Treatise and what the Author doth therein Page 1. Chap. II. Of Sacriledge what it is how manifold it is and how it hath been alwayes punished and never escaped the Hand of the Divine Vengeance p. 4. Chap. III. The divers sorts and kinds of Sacrilegious persons And first of those that do it under colour of Law and upon the pretence of Reformation whereby they suppose their Sacriledge to be no Sacriledge at all p. 15. Chap. IV. Of two sorts of Sacrilegious persons that rob the Church of Christ without any colour or pretence of Law but indeed contrary to all Law p. 21. Chap. V. The words of King David in the 2 Sam. 7.1 2. and their divisions When they were spoken And how or in what sense Sitting and Standing are commonly taken in the Scriptures And of the two Persons that are here conferring together p. 27. Chap. VI. What the Rest and peaceable times of King David wrought The Prince's authority in causes Ecclesiastical and how they should be zealous to see that God should be justly and religiously served p. 31. Chap. VII The Objections of the Divines of Lovain and other Jesuites against the former Doctrine of the Prince his Authority over the Bishops and Priests in Causes Ecclesiastical answered And the foresaid truth sufficiently proved by the clear testimony of the Fathers and Councils and divers of the Popes and Papists themselves p. 37. Chap. VIII That it is the Office and Duty of Kings and Princes though not to execute the Function and to do the Office of the Bishops and Priests yet to have a special care of Religion and the true Worship of God and to cause both the Priests and Bishops and all others to discharge the duties of God's Service And how the good and godly Emperours and Kings have formerly done the same from time to time p. 41. Chap. IX Of the â—â—iefest Parts and Duties of Kings and Princes which they are to discharge for the maintenance of Gods Service and the True Religion and the necessity of Cathedral-Churches and Chappels for the people of God to meet in for the Worship and Service of God p. 46. Chap. X. The Answer to the Two Objections that the Fanatick-Sectaries do make 1. Against the necessity And 2ly against the Sanctity or Holiness of our Material Churches which in derision and contemptuously they call Steeple-houses p. 53. Chap. XI The Answer to another Objection that our Fanatick-Sectaries do make against the Beauty and Glorious Adorning of our Churches which we say should be done with such decent Ornaments and Implements as are befitting the House and Service of God The Reasons why we should Honour God with our goods and how liberal and bountiful both the Fathers of the Old Testament and the Christians of the New Testament were to the Church of God p. 58. Chap. XII The Answer to another Objection that our brain-sick Sectaries do make for the utter overthrow of our Cathedrals and Churches as being so fowly stained and profaned with Popish Superstitions and therefore being no better than the Temples of Baal they should rather be quite demolished than any wayes adorned and beautified p. 63. Chap. XIII That it is a part of the Office and Duty of Pious Kings and Princes as they are God's Substitutes to have a care of his Church to see that when such Cathedrals and Churches are built and beautified as is fitting for his Service there be Able Religious and Honest painful and faithful Bishops placed in those Cathedrals that should likewise see Able and Religious Ministers placed in all Parochial Churches and all negligent unworthy and dissolute men Bishops or Priests reproved corrected and amended or removed and excluded from their places and dignities if they amend not p. 67. Chap. XIV Of the maintenance due to the Bishops and Ministers of God's Church how large and liberal it ought to be p. 75. Chap. XV. That the payment of Tythes unto the Church is not a case of Custom but of Conscience Whenas the tenth by a Divine right is the Teacher's tribute and the very first part of the wages that God appointed to be paid unto his Workmen and therefore that it is as heynous a sin and as foul an offence to defraud the Ministers of this due as it is to detain the meat or money of the labouring-man which is one of the four Crying-sins p. 82. Chap. XVI The Answer to the choisest and chiefest Objections that the School of Anabaptists have made and do urge against the payment of Tythes now in the time of the Gospel p. 91. Chap. XVII What the ancient Fathers of the Church and the Councils collected of most Learned and Pious Bishops have left written concerning Tythes And of the three-fold cause that detains them from the Church p. 98. Chap. XVIII Of the second part of the Stipend Wages and Maintenance of the Ministers of the Gospel which is the Oblation Donation or Free-wil-offering of the people for to uphold and continue the true service of God and to obtain the blessings of God upon themselves and upon their labours which Donations ought not to be impropriated and alienated from the Church by any means p. 105. Chap. XIX That it is the duty of all Christian Kings and Princes to do their best endevours to have all the Impropriations restored to their former Institution to hinder the taking away and the alienation of the Lands Houses and other the Religious Donations of our Ancestors from the Church of Christ and to suppress and root out all the Vnjust and Covetous suttle customs and frauds that are so generally used and are so derogatory to the service of God from amongst the people and especially from this Kingdom of Ireland where most corruption is used and most need of Instruction unto the people p. 114. Chap. XX. The Authour's supplication to Jesus Christ that he would arise and maintain his own cause which we his weak servants cannot do against so many rich powerful and many-friended adversaries of his Church p. 117. A DECLARATION Against SACRILEDGE CHAP. I. The Declaration of the Bishop of Ossory exhibited to the High Court of Justice before Jesus Christ the righteous Judge against the most horrible sin of Sacriledge and all sacrilegious persons that detain the Tythes rob the Church and take the Lands and Houses of God into their own possessions Together with his most humble Petition to the Eternall and Almighty God his most gratious Redeemer and his most loving Master Jesus Christ that he would arise and maintain his own cause and smite all his Enemies upon their cheek-bone and put them to perpetual shame and root out their memorial from off the earth Sheweth THAT by Your most glorious Martyr the strenuous defender of the true Christian Faith and his most gratious Master Charles the I. of ever blessed memory he was called and appointed to be the Bishop of Ossory and to inable him the better to discharge his
ponunt in esse and are no apodictical proofs for any weighty matters especially the examples of the oâ—d Testament to confirm the doing of the like things under the new Testament because that for us to be guided and directed by the examples of the old Law is the high-way to lead us to infinite inconveniences Therefore it followeth not that because the Kings of Israel and Juda did such things as are fore-shewed unto the Priests and Levites and the setling of the Service in the Temple therefore our Moderne Princes should have the like Authority to do the like things unto the Bishops and Priests of the new Testament about the Worship of God and the Government of his Church and especially in the censuring of them that are appointed by Christ to be the Prime Governours of the same Sol. To this I answer 1. That this is as the Schooles say Petitio principii and a begging of the Question for we say that although for the perfecting of the Saints Ephes 4.12 for the work of the Ministery for the edifying or building up of the body of Christ that is the Church God hath set in his Church first Apostles 1 Cor. 12.28 secondarily Prophets thirdly Teachers and so Bishops and Priests primarily and principally to discharge the aforesaid Offices and Duties yet this proveth not that they are simply and absolutely the Prime Governours and Chief Rulers of the Church but that the Kings and Princes In what sense the Bishops Priests and in what sense Kings Princes may be said to be the prime Governours of the Church Esay 49.23 in the other respect aforenamed may be justly said to be the Prime and Supreme Governours as well in all causes Ecclesiastical as Temporal for the Prophet Esay speaking of the Church of the Gospel saith That Kings should be her nursing fathers and Queens her nursing mothers And I hope you will yield that the fathers and mothers are the Prime and Supremest Governours of their children rather than their School-masters and Teachers But though the progeny of the Pope and our frantick Sectaries would fain thrust out the eyes of the politick Prince and make him just like Polyphemus that had a body of vast dimensions but of a single sight scarce able to see his wayes and to govern himself yet I shall by God's assistance make it most apparent unto you by the testimony of the Fathers Councils and some Popish Authors that the Soveraign Prince hath and ought to have alwayes a peremptory Supreme power as well over the Ecclesiastical persons and causes of the Church as over the Civil persons and causes of the Temporal State and Common-wealth For 1. S. Augustine writing against Parmenian the Donatist that would 1. The testimony of the Fathers Aug. p. 1. Cont. Epistolam Parmon with our Disciplinarians that are the very brood of those Donatists unarme the King of his Spiritual Sword saith An forte de Religione fas non est ut dicat Imperator vel quos miserit Imperator Cur ergo ad Imperatorem vestri venerunt legati Cur eum fecerunt causae suae judicem Is it not lawful for the Emperour and so the Prince or whomsoever he shall send to treat and determine matters of Religion If you think it is not Why did your Messengers then come unto the Emperour And why did they make him thy Judge of their cause Whereby you see S. Augustine judgeth the Emperour or any other Supreme Prince to have a lawful power to hear and to determine the points and matters controverted among the Bishops and so to have a Spiritual jurisdiction as well as a Temporal Nicephorus also in his Preface to the Emperour Immanuel saith Nicephorus in praefatione ad Immanuel Imperat Tu es Dux professionis fidei nostrae tu restituisti Catholicam Ecclesiam reformasti Ecclesiam Dei à mercatoribus coelestis Doctrinae ab haereticis per verbum veritatis Thou art the Captain of our Profession and of the Christian Faith and thou hast Restored or Reformed the Catholick Church and cleansed it from those Merchants of the heavenly Doctrine and from all the Hereticks by the word of Truth And I think nothing can be said fuller and clearer than this to justifie the Spiritual jurisdiction of the Prince and Supreme Magistrate in causes Ecclesiastical Theodoretus l. 1 c. 7. Yet Theodoret and Eusebius say as much of Constantine the Great 2. You may read in the Council of Chalcedon 2. The testimony of the Councils That all the Bishops and Clergy that were gathered together to that place as the Members of our Parliament use to do were wont to lay down the Canons they had agreed upon in the Council until the Emperour should come to confirm them with his Royal assent and when the Emperour came they said These Decrees seem good unto us if they seem so to your Sacred Majesty And the Bishops of the Council of Constantinople that was after the first Council of Ephesus Concil Chalcedon Artic. 1. pag. 831. wrote thus submissively unto the Emperour Theodosius We humbly beseech your Clemency that as you have honoured the Church with your Letters by which you have called us together Ita finalem conclusionem decretorum nostrorum corrobores sententia tua sigillo So you would be pleased to strengthen and confirm the last conclusion of our Decrees by your Royal Sentence and Seal 3. 3. The testimony of Popes and Papists As the Fathers and Councils do thus acknowledge the Emperours right in the Spiritual jurisdiction So many of the Popes and Papists themselves have confest the same truth and yielded the same right unto the Emperour and other Soveraign Magistrate in the Church and Church-matters and over all the parsoâ—s belonâ—ing unto the Church for Platina that was Library-keeper unto the Pope Iâ—aira in severino papa saith that Without the Letters pattents of the Emperour to confirm him the Pope is no lawfull Pope and Zabarel a great Scholar saith The Pope may be accused before the Emperour of and for any notorious crime Zâ—barella de Schismate Concilus and publick scandalous offence Imperator potest à papa requirere rationem fidei and the Emperour may inquire and call the Pope to yield an account of his faith and Religion And so many of the better Popes were not ashamed to confess the same for Saint Gregory who for his great learning and piety was sirnamed the Great writing unto Mauritius the Emperour saith Imperatori obedientiam praebui Theodoret l. 2. c. 16. pro Deo quod sensi minimè tacui I have yielded all obedience unto the Emperour and what I conceived to be truth and for God I concealed it not 2 q. 4. Mandastis and before Saint Gregories time Pope Liberius being convented to appear before Constantius denied not most readily to obey his summons So did Pope Sixtus upon the like complaint appear
deny what Reason a voucheth But the law of Nature and Reason teacheth that no pension which is indifferent and tolerable ought to be denied and detained from the Common use and the good of publick weale for so Plato and Cicero and many more that knew no more but what the light of nature shewed them do say We are born on that condition not only to provide for our selves and our off-spring but also for our private friends That every man is to do his best for the publick good and especially for the publick good of our Countrey which is the common parent of us all and the examples of Theseus the Athenian Demaratus the Lacedemonian Epaminondas the Theban Curtius Decius and Coriolanus the Romans and among the Jews Moses Aaron Gideon Sampson David Zorobabel and abundance more in all Nations that underwent all charge and exposed themselves to endure all adventures for the furtherance of the common good do sufficiently confirm this truth unto us But the tenth part or portion The tenth the most indifferent part that we have from the Fruits and commodities that we receive from the earth is of the most indifferent condition competent for the receiver and tolerable for the giver as being of a middle size neither too little for the one to take nor too much for the other to pay for the publick service of God And this will easily be confirmed if we compare this tenth part with the taxes and impositions that are of other nature and are required and payable in very many Nations for the men of Cholchi beside their subsidy of money were forced to deliver a hundred male Children and as many maidens by way of task or tribute unto their Princes And Heredotus writeth of very strange distributions that do arise from the waters of Nilus to the proper use of the Inhabitants about that River and of the mighty subsidies that do grow from thence unto the Kings And the Egyptians have been forced to pay the fift part of their estate unto their Kings The tenth compared with the taxes imposed upon the people in divers Nations and Diodorus Siculus saith that a certain King of Egypt gave the yearly custome of the fishes which were taken out of the pooles of his subjects to find rayment and other Ornaments for his Queen and that the same amounted to a Talent of silver for every day in the year And Dion in the life of Augustus relateth how he levied the twentieth part of every mans estate and of such Donations Legacies and Gifts as were bequeathed at the time of their death and said that he found some Records of that custome formerly used in the Registers of Caesar and it is written that the Thuringi exceeded this payment in the taxes that were imposed upon them For they were forced to pay yearly to the Kings of Hungary not only the tenth part of their goods but also the tenth number of their children and yet they that are under the Tyranny of the Turks must indâ—re a Heavier yoke and a far greater slavery for they pay the fourth part of all their fruits and increase of the earth and of their labours in their several trades and they pay tole-money for every servant that they keep the which if their estates be not able to do yet must they make it good or sell themselves for slaves to do it And now judge you what rational man comparing the tythes with these tributes and the taxes of other Nations will not conclude that the tenth part is the most equal just and indifferent portion that can be allotted and adjudged fit to be given and paid for such a publick good as is the service of God and the Ministry of the Gospel without pressing too heavy upon the giver or paying too slight a portion to the receiver 2. Whatsoever things have their foundation and introduction What natural Reason sheweth 1. That publick Ministers should be by the publick State mainâ—ained in the Reason 2 Law of Nature the same things ought still to be observed and continued but natural Reason suggesteth and telleth every man that is not voyd of Reason 1. That as they which serve the Common-wealth Kings Magistrates and Governours should live upon the taxes and Contributions of the Common-wealth so they that serve the Church of God as Bishops and Priests should be maintained by the Church and the Histories of the Gentiles do bear witness that all the Nations of the World have alwayes fully and sufficiently provided maintenance for their Priests Judg. 17.5 For so Mâ—â—ha having set up his Temple and made an Ephod and his Teraphim consecravit ministerium unius è filtis suis he made one of his sons to be his Priest and implevit manum ejus which consecravit ministerium signifieth saith Tremellius in his notes upon that place that is to give him an estate and the maintenance of a Priest and so he did to the Levite that succeeded him consecravit ministerium ejus id est implevit manum ejus He filled his hand and satisfied him with a certainty of maintenance And Pharaoh and the rest of the Egyptians allowed lands and possessions and other sufficient maintenance unto their Priests and Magicians And the Babylonians were very bountiful to their Wise-men and the Professors of the Mysteries of their religion And so was Jezabel also to the Priests of Baal making them to sit at her own Table 2. That the Tythes are the fittest part to maintain these publick Ministers and were so given by Jews and Gentiles before Moses time 2. That the Tythes or tenth part of our goods and fruits of the earth is the fittest part and the most ind fferent proportion that we can assign and lay out for the maintenanâ—e and allowance of the Priests and Ministers of Religion for not only Moses by the instinct and inspiration of God's Spirit appointed and commanded the tenth part to be paid unto the Priests but also many good and godly men before Moses time were by the secret instigaâ—ion of the same Spirit and the innate light of their natural reason directed before God commanded the same to give the Tythes of their whole Estate unto God and to deliver it into the hands of his Receivers the Priests Veteres ex unaquaque re deci mam â—fferâ—e diis solebant Fran. Sylvius Insul And Plautus saith Uâ— decimam solveret Herculi As among the people of God Abraham and Jacob paid Tythes of all and that long before Moses time And among the Gentiles Plutarch recordeth that when Hercules had vanquished Geryâ—n King of Spain and by a strong hand had taken away his Oxen from him he made an oblation of every tenth Bullock unto God And it is said that Cartalus was sent by the Carthaginians unto Tyrus to offer unto Hercules the tenth part of the spoils that he had gotten in the Isle of Sicâ—ly And the Histories do relate further That the Tythes of
men Calv. Inst l. 4. c. 20. Sect. 31. Beza Confess c. 5. p. 171. J. Brutus q. 3. pag. 203. Dan. de Polit. Christ l. 6. c. 3. Bucan loc com 49. Sect. 76. The examples of obedience to kings and make Warre against their King Buchanan's mistake discovered and the Anti-Cavalier confuted 2. AS it is not lawful for any cause so no more is it lawful for any one or for any degree calling or kind of men to rebell against their lawful Governours For 1. Touching private men we find that Calvin Beza Jun. Brutus Danaeus Bucanus and most others yield that meer private men ought not to rebell at any hand and no wonder for the Scriptures forbid it flatly as Exod. 22.28 Revile not the Gods curse not the Ruler 1 Chron. 16.22 Touch not mine annoynted Prov. 30.31 Rise not up against the King that is to resist him Eccles 8.3 Let no man say to the King Why doest thou so Eccles 10.17 Curse not the King in thy thought And the examples of obedience in this kind are innumerable and most remarkable for David when he had Saul a wicked King guilty of all impiety and cruelty in his own hand yet would he not lay his hand upon the Lords annointed but was troubled in conscience when he did but cut the lap of his garment Elias could call for fire from Heaven to burn the two Captains and their men a hundred in number onely for desiring him to come down unto the King as you may see 2 Reg. 1.10 12. and yet he would not resist Achab his King that sought his life and was an enemy to all religion but he rather fled than desired any revenge or perswaded any man to rebell against him Esaias was sawed in pieces by Manasses Jeremy was cast into the dungeon Daniel exposed to the Lyons the Three Children thrown into the fiery Furnace Amos thrust thorough the temples Zacharias slain in the porch of the Temple James killed with the sword Peter fastened to the Crosse with his head downward Bartholomew beaten to death with clubs Matthew beheaded Paul slain with the sword and all the glorious company of the Martyrs which have ennobled the Church with their innocent life and inlarged the same by their precious death never resisted any of their Persecutors never perswaded any man to rebell against them Why the holy Saints obeyed the unjust Tyrant never cursed the Tyrants never implored the aid of the inferiour Magistrates or superiour Nobility either by force to escape their hands or by violence to resist their power for they thought it more honour unto God and farre better to themselves that the just should unjustly suffer for righteousnesse sake than under the colour of justice undutifully to resist and unjustly to rebell against these unjust Persecutors A strange Position And yet some men are not ashamed to averre that meer private men and inferiour subjects if their King as a Tyrant should invade them like a robber or ravisher may defend themselves and oppose the Tyrant as well and as violently as they may resist a private thief or a high-way robber But how untruly they do avouch this thing will plainly appear if you consider how disjunctive these things are and how unjustly they are alledged for this purpose Confuted for a Chirurgion launceth a man and draweth his blood and so doth the thief or a robber but he deserveth a reward this a rope The Tyrant hath a just power though he useth the same unjustly so hath not the thief or the robber So the Prince sometimes doth in some sort the same thing and it may be after the like manner as a thief or a robber doth as often as with a strong hand he taketh the goods of his subjects and forceth the rebellious unto obedience But will you say that both of them do it by the same right I hope not for God gave the power and the sword unto the Prince and he as the Judge of our actions useth the same ad vindictam for the punishment of our offence but the thief or the robber usurpeth the sword and abuseth the same ad rapinam to our destruction and therefore whosoever saith that a subject hath the same reason to rise against his Prince that punisheth him as a traveller hath against a robber that stealeth from him may well be ashamed of such doctrine that carrieth so little shew of any truth Object But you will say the Prince that is a Tyrant punisheth for no fault without any just cause nay altogether unjustly and against all truth as Saul persecuted David and put to death the harmlesse Priests and David did the like to Vrias Achab to Naboth Joash to Zachary Manasses to Esay Pilate to Christ Nero to Peter and perhaps Theodosius to the Thessalonians may they not resist in such a case when they are thus punished and persecuted without cause Sol. I answer that under Saul David Achab Joash and Manasses there lived many faithful Priests and Prophets that were both upright for life and excellent for knowledge How the Saints at all times suffered and never resisted their kings and in the days of Christ Zacheus Nicodemus and Gamaliel were inferiour Magistrates and were also pious men and skilful in the understanding as well of Politique as of Divine affairs and we are sure that no age brought forth either more learned Bishops or holyer Saints than the Apostles and Disciples of Christ that lived under Nero and those excellent Fathers that were in the time of Theodosius and yet never any of these not one of them all shewed us this resisting way to escape the force of tyranny but it hath been alwayes the doctrine of Christ and his Church that Kings and Princes offending the Lawes and transcending the bounds of their duties have onely God for their revenger and ought not to be resisted by any man or any kind of men though they should never so much abuse that power which they have received from God Christ and his Apostles perswade all men obediently to suffer And therefore Christ himself and all his Saints not onely suffered their greatest rage but also exhibited all honour and shewed all reverence unto their most cruel Persecutors and they perswaded all others both by their precepts and examples to do the like and that not onely for fear of wrath but also for conscience sake because the King is Gods Steward which Christ hath set over his whole family and if the Steward like the evil servant in the Gospel shall begin to despise his Master neglect his duty smite his fellows and dissolutely go on to eat and drink and be drunken yet not all the whole family not the Priests not the Nobles not the Commons nor yet all together have any power or right to displace that Steward which their Lord hath appointed over them but they with patience must expect and wait for the coming of their Master which onely hath
the exaction of our goods or the vexation of our bodies and in these kinds of injuries Brentius in respon ad artic rusticorum the subject ought rather then in the former to be obedient to his Magistrate for if he steps forth to arms God hath pronounced of such men He that smiteth with the sword shall perish with the sword Cranmer Arch Bishop of Canterbury together with the rest of the Bishops and most famous Divines of this Kingdom saith If Princes shall do any thing contrary to their duties God hath not appointed any superiour Judge over them in this world but they are to render their account to God which hath reserved their judgement to himself alone and therefore it is not lawful for any subjects Cranmer in lib. de Châ—istiani hominis institutis how wicked soever their Princes shall be to take arms or raise sedition against them but they are to powre forth their prayers to God in whose hand Kings hearts are that he would inlighten them with his spirit whereby they might rightly to the glory of God use that sword which he hath delivered unto them Gulielmus Tindal a godly Martyr of Christ when Cardinal Lanio's sonne did lead the Lambs of Christ by troops unto the slaughter doth then describe the duty of subjects according to the strait rule of the Gospel saying David spared Saul and if he had killed him he had sinned against God for in every Kingdom the King which hath no superiour judgeth of all things and therefore he that indeavoureth or intendeth any mischief or calamity against the Prince that is a Tyrant or a Persecutor or whosoever with a froward hand doth but touch the Lords annointed he is a rebel against God and resisteth the ordinance of God as often as a private man sinneth he is held obnoxious to his King that can punish him for his offence but when the King offendeth he ought to be reserved to the divine examination and vengeance of God Tindal l. de Christiani hominis obedient and as it is not lawful upon any pretence to resist the King so it is not lawful to rise up against the Kings Officer or Magistrate that is sent by the King for the execution of those things which are commanded by the King for as our Saviour saith He that heareth you heareth me and he that despiseth you despiseth me and he that despiseth me despiseth him that sent me And as he saith unto Saul when he persecuted the servants of Christ Saul Acts 9.4 Saul why persecutest thou me when as he was then in Heaven farre above the reach of Saul yet because there is such a mystical union betwixt Christ and his Church the head and members as is betwixt man and wife no man can be said to injure the one but he must wrong the other so whosoever resisteth the Kings Lievtenant Deputy or any other Magistrate or Officer that he sendeth with Commission to execute his commands resisteth the King himself and all the indignities that are offered to the Kings Embassadour or servant that he thus sendeth are deemed as indignities offered to the King himself as we see the base usage of David's servants by King Hanun 2 Sam 10. David revenged as an abuse offered unto himself because the Kings person cannot be in all places where justice and judgement and many other offices and actions are necessarily to be done throughout the latitude of his Dominions but his power and his authority Whatsoever is done to any Messenger is deemed as done to him that sent him deputed to those his servants and officers that he sendeth are as the lively representatives of the King in every part of his Kingdome and whatsoever favour payment neglect or abuse is shewed unto any of them the same in all Nations is accounted and therefore punished or rewarded as a service done unto the King himself as our Saviour when but the Tole gatherer came for the Tribute-mony saith Give unto Caesar what belongeth unto Caesar And therefore it is but an idle simple most foolish and frivolous distinction of men to deceive children and fools to say They love and honour their King and they fight not against their King but against such and such whom notwithstanding they know to be the Kings chiefest officers and to be sent with the Kings Power Commission and Authority to do those things that they do This is such a foppery that I know not what to say to undeceive those that are so desirous to be deceived when the Devill * Saint Paul saith God sâ—ndeth them strong delusions 2 Thess 2.11 But what God sendeth justly as the punisher of their sin the Devil sendeth maliciously as the guider of them to Hell Ba nesius in Tract de humanis Constitut which knoweth how near their destruction hangeth over their heads sends them strong delusions that they should so easily and so sillily believe su h palpable lyes as to make them think they love him dearly whom they murder most barbarously Barnesius a very godly and learned man treating of the same Argument saith in a manner the same thing That the servants of Christ rather then either commit any evil or resist any Magistrate ought patiently to suffer the losse of their goods and the tearing of their members nay the Christian after the example of his Master Christ ought to suffer the bitterest death for truth and righteousnesse sake and therefore saith he whosoever shall rebell under pretence of Religion aeternae damnationis reus erit he shall be found guilty of eternall damnation Master Dod upon the Commandements Master Dod saith that where the Prince commandeth a lawful act the subjects must obey and if he injoynes unlawful commands we must not rebell but we must be content to bear any punishment that shall be laid upon us even unto death it self and we should suffer our punishment without grudging even in heart and this he presseth by the example of the Three Children and of Daniel that was a mighty man and of very great power in Babylon yet never went about to gather any power against his King though it were in his own defence Master Byfield upon 1 Pet. 2.13 Master Byfield expounding the words of Saint Peter 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as to the Supreme saith This should confirm every good subject to acknowledge and maintain the Kings Supremacy and willingly to bind himself thereto by oath for the Oath of Supremacy is the bond of this subjection and this oath men must take without equivocation mentall evasion or secret reservation yea it should bind in them the same resolution that was in Saint Bernard who saith If all the world should conspire against me to make me complot any thing against the Kings Majesty yet I would fear God and not dare to offend the King ordained of God Serenissimus Rex Jacobus de vera lege liberae Monarchiae I might fill a Volume if I
true religion and to suppress all Heresies and Schismes And so accordingly we finde the good Emperours and Kings have ever done The good Emperours have made Laws for the government of the Church Euseb in vita Constant l. 2. 3. for Constantine caused the idolatrous religions to be suppressed and the true knowledge of Christ to be preached and planted amongst his people and made many wholsome Lawes and godly Constitutions to restrain the sacrificing unto Idols and all other devillish and superstitious south-sayings and to cause the true service of God to be rightly administred in every place saith Eusebius And in another place he saith that the same Constantine gave injunctions to the chiefe Ministers of the Churches that they should make speciall supplication to God for him and he enjoyned all his Subjects that they should keep holy certain dayes dedicated to Christ and the Sabboth or Saturday which was then wont to be kept holy and as yet not abrogated by any Law among the Christians he gave a Law to the Ruler of every Nation that they should celebrate the Sunday or the Lords day in like sort Idem de vita Constant l. 1. 3. 4. c. 18. and so for the dayes that were dedicated to the memory of the Martyrs and other festival times and all such things were done according to the ordinance of the Emperour Nicephorus writing of the excellent virtues of Andronicus son to Immanuel Palaeologus and comparing him to Constantine the Great saith Niceph. in prafation Eccles hist thou hast restored the Catholique Church being troubled with new opinions to the old State thou hast banished all unlawfull and impure doctrine thou hast established the truth and hast made Lawes and Constitutions for the same Sozomen speaking of Constantines sons saith Sozomenus l 3. c. 17. the Princes also concurred to the increase of these things 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 shewing their good affections to the Churches no less then their father did and honouring the Clergy their servants with singular promotions and immunities both confirming their fathers Lawes and making also new Lawes of their own against such as went about to sacrifice and to worship Idols or by any other means fell to the Greekish or Heathenish superstitions Theodoret tells us that Valentinian at the Synod in Illirico did not onely confirme the true faith by his Royall assent but made also many godly and sharpe Lawes as well for the maintenance of the truth of Christ his doctrine as also touching many other causes Ecclesiastical and as ratifying those things that were done by the Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theodor. l. c. 5 6 7. he sent abroad to them that doubted thereof Honorius at the request of Boniface the first made a Law whereby it might appear what was to be done Distinct 79. siduo when two Popes were chosen at once by the indiscretion of the Electors Martianus also made a Statute to cut off and put away all manner of contention about the true faith and Religion in the Councell of Calcedon The Emperour Justinus made a Law that the Churches of Heretiques should be consecrated to the Catholique Religion saith Martinus Poenitentiarius And who knowes not of the many Laws and Decrees that Justinian made in Ecclesiasticall causes for the furtherance of the true Religion for in the beginning of the Constitutions collected in the Code of Iustinian the first 13 titles are all filled with Laws for to rule the Church where it forbiddeth the Bishops to reiterate baptisme to paint L. 1. tit 5. L. 1. tit 7. Novel 123. c. 10. Novel 58. Novel 137. c. 6. or grave on earth the Image of our Saviour And in the Novels the Emperour ordaineth Lawes of the creation and consecration of Bishops that Synods should be annually held that the holy mysteries should not be celebrated in private houses that the Bishops should speak alond when they celebrate the Sacraments of Baptisme and the Eucharist and that the holy Bible should be translated into the vulgar tongue and the like And not onely these and the rest of the godly Emperours that succeeded them but also Ariamirus Wambanus Richaredus and divers other Kings of Spaine did in like manner And Charlemaigne who approved not the decisions of the Greekish Synod wrote a book against the same * Intituled A Treatise of Charlemaigne against the Greekish Synod touching Images whereby the King maintained himself in possession to make Lawes for the Church saith Johannes Beda of which Lawes there are many in a book called The capitulary Decrees of Charles the Great who as Popin his predecessour had done in the City of Bourges so did he also assemble many Councils in divers places of his Kingdoms as at Mayns at Tours at Reines at Chaalons at Arles and the sixt most famous of all at Francfort where himself was present in person and condemned the errour of Felician and so other Kings of France and the Kings of our own Kingdom of England both before and after the Conquest as Master Fox plentifully recordeth did make many Lawes and Constitutions for the government of God's Church The saying of Dioclesian But as Dioclesian that was neither the best nor the happiest governour said most truly of the civil government that there was nothing haraer th n to rule well * That is to rule the Common-wealth so it is much harder to govern the Church of Christ therefore as there cannot be an argument of greater wisdome in a Prince nor any thing of greater safety and felicity to the Common-wealth then for him to make choice of a wise Council to assist him in his most weighty affaires Tacitus Annal. lib. 12. saith Cornelius Tacitus So all religious Kings must do the like in the government of the Church and the making of their Lawes for that government for God out of his great mercy to them and no less desire to have his people religiously governed left such men to be their supporters their helpers and advisers in the performance of these duties and I pray you whom did Kings chuse for this business but whom God had ordained for that purpose for you may observe that although those Christian Kings and Emperours made their Lawes as having the supremacy and the chieâ—est câ—re of God's religion committed by God into their hands yet they did never make them that ever I could read with the advice counsel or direction of any of their Peers or Lay Subjects but as David had Nathan and God The good Kings Emperours made their Lawes for the government of the Church onely by the adv ce of their Clergy A good Law of Instinian Constit 123. Nâ—buâ—hadnezzar had Daniel and the rest of the Jewish Kings and Heathens had their Prophets onely and Priests to direct them in all matters of religion so those Chr stian Kings and Princes took their Bishops and their Clergie onely to be their counsellors and