Melchisedech being a Priest did exercise ciuill iurisdiction, for he was king of Sa∣lem.* 1.1 Gen 14. Aaron being a Priest did iudge the whole people in temporall matters euen in causes of inheritance. Num. 27. In the. 17. of Deuteronomie, there is a com∣maundement, that ciuill matters of difficultie shal be referred to the Priests and to the iudge. Elye and Samuel Priests did iudge the people in matters temporall.* 1.2 The people of Israell after theyr captiuitie were gouerned by Priestes and Pro∣phetes, as by Esdras, Nehemias, Mattathias. &c. The Scripture in no place commaundeth the contrarie, nor moueth vnto it, & yet you are not ashamed to say, that the holye scriptures doe teache, that ministers oughte not to meddle with ciuill offices.
Lykewyse in Augustines tyme it is euidente by the woordes before recited,* 1.3 that it was not straunge, but vsuall, and counted a péece of duetie for Bishops to deale in Ciuil causes, and that as Iudges. The authours of the Centuries, in the fourth Centur. chap. 7. say that Bishops in that age did giue sentence in ciuil causes, if anye didde appeale from the Ciuill courtes to their authoritie. Sozomene Lib. 1. cap. 9.* 1.4 wryteth thus of Constantine the Emperour. This was a greate argumente of his good affection towardes Christian religion, that he made a lawe for the freedome of clearkes in all places, and also hee gaue libertie for those that were called into iudgemente to ap∣peale to the Bishops, if they were disposed to refuse the ciuill magistrates: and he com∣maunded that their sentence should stand, and be of more force, than the sentence of the* 1.5 other iudges, euen as though it had proceeded from the Emperour hymselfe. And that the Magistrates and their ministers should see that acomplished, that was determined and iudged in suche causes by the Bishops.
Nicephorns lib. 7. cap. 9. maketh mention of one Philaeas a Bishop, that was great∣ly* 1.6 commended, for his wisedome and dexteritic in determining ciuill matters com∣mitted vnto him. Sozomene lib. 6. cap. 32. testifieth of Epiphanius Bishop of Salamine* 1.7 that together with his pastorall office, he was occupyed, and that with greate com∣mendation in ciuill and politike affaires.
Eusebius lib. 7. cap. 32. testifieth, that Dorotheus being a Priest of the Churche of* 1.8 Antioche, and wel learned, did scrue the Emperour in ciuill businesse.
Theodosius the Emperour made a lawe, wherein it was decréed, that all ciuil stryfes and controuersies shoulde be referred to the iudgemente of the churche, if either* 1.9 of the parties did desire it. And the same lawe did Carolus Magnus, afterwards renew and confirme: and yet doe you saye, that the practise of the churche dothe confirme that