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.

HUGO GROTIUS, Of the Empire, or Authori∣ty of the Highest Powers about Sacred things, or, in matters of Religion.

CHAP. I.

That Authority about Sacred things belongs to the Highest Powers.

* 1.1 BY the Highest Power, I under∣stand a Person, or a Company, that hath Empire, or Authority, over the People, subject to the Empire of God alone: taking the word Highest Power, not, as it is sometimes ta∣ken, for the Right it self, but for Him that hath the Right, as it is frequently used both in Greek and Latin. To call such a person, the chiefe Magistrate, is improper: for Magistrate is a name the Romans give only to inferiour Powers. I said a Person, or Company; to expresse, that not only Kings properly so called, which most

Writers call Absolute Kings, are to be un∣derstood in that name, but also in an Ari∣stocracy the Senate or States, or the Best, by whatsoever other name. For although there must be Unity in the Highest Power, it is not necessary the Person be but One. By Empire or Authority, we mean the Right to Command, to permit, to forbid. We say, this is subject only to God; for therefore it is called the Highest Power, because among men it hath none above it.

* 1.2 That Authority about Sacred things belongs to the Highest Power thus defi∣ned, we prove, First from the Unity of the matter about which it is conversant, Paul saith, He is the Minister of God, a revenger, to execute wrath upon him that doth evill. Under the name of Evill, is comprehend∣ed also all that which is committed in Holy things; for the Indefinite speech signifies as much as the Universall, which Solomon hath expressed: * 1.3 A King that sitteth in the throne of Judgement scattereth away ALL evill with his eyes. This is confirmed by a Similie; for the Authority of a Father is lesse than of the Highest Power, yet are Children commanded to obey their Parents in all things. * 1.4 Thus doe the antient Fa∣thers also reason, when from that of Paul, Let every soule be subject to the Higher

Powers, they infer, that the Ministers of Holy things must as well be subject to them, as other men: although he be an Apo∣stle, although an Evangelist, although a Prophet, saith Chrysostom. Whose footsteps Bernard following, speaks in these words to an Archbishop: If every Soule, yours also: who hath excepted you from the Uni∣versall?

* 1.5 And truly there can be no reason given why any thing should be excepted; For, if that which is excepted be subject to no Authority at all which who can prove?) there will follow confusion among the things exempted, whereof God is not the Author: or, if it be subject to some other Authority, not under the Highest Power, there must then bee two Highest Powers distinct: which is a Contradiction; for the Highest hath no equall. By this same Ar∣gument the Fathers disprove the multitude of Gods, because that which is Highest is above all, and can be but One.

This is further prov'd by the Effects of Empire or Authority; these are Obli∣gation and Coaction; now if there were more Commanders in Chiefe than one, their Commands might be contrary about the same matter, and so impose upon the Subject a contrary obligation or coaction;

which is against nature; And therefore as often as it happens that two Lawes oppose each other by reason of some circum∣stance, the obligation of the one ceaseth. This is the reason why the Paternall Em∣pire, which is naturall and most antient, hath given place to the Civill, and is sub∣ject to it, because that which should be Highest could be but One.

[Object] If any man shall say, that Actions are divers, some Judiciall, some Military, some Ecclesiasticall, and so in respect of this diversity the highest Authority may be divided among many; [Answ] it will follow, according to his saying, that the same per∣son being at the same time commanded by one to the Court, by another to the Camp, by the third to the Church, is bound to obey them all at once, which is impossible: or, if not to obey all, then there must be some order among them, and the inferiour yeeld to the Superiour, and then 'twill not be true, that the highest Authority is divi∣ded among them. To this purpose are those words of the Divine wisdome, No man can can serve two Masters; and, A kingdome divided cannot stand; and that common saying, All Power is impatient of a Partner.

'Tis otherwise in Authorities which are

under the Highest: for these may belong to Many, because they are exercised about divers persons; or, if about the same per∣sons, they are so ordered by the Supreme, that they may not clash. Which ordinati∣on cannot be when many are, every one, supreme; for the ordaining must be Supe∣riour to the ordained.

[Object.] To that which some object, that Kings cannot command some things without the consent of the States; We answer, [Answ.] where that is so, there the supreme Authority is not in the Kings, but either in the States, or in that Body, which the King and States compose. Certainly, to have the whole Supreme Authority, and not be able to command any thing, because another may forbid or intercede, are altogether inconsi∣stent.

From this Universality of the matter a∣bout which the Highest Power is employ∣ed, the Art of governing is justly called the Art of arts, and Science of sciences: because there is no Art, no Science, which it doth not command, and whereof it doth not teach the Use.

* 1.6 The Universality of the end is corre∣spondent to the Universality of the matter, The Apostle Paul saith, the Highest Pow∣er is Gods Minister for good; of every

sort: For explaning himselfe else-where more distinctly, he shewes, the Powers are ordained, * 1.7 that we may lead a quiet and a peaceable life, not only in all honesty, but in all godlinesse also. This indeed is the true Happinesse of a Common-wealth, to love God, and be belov'd of God; to acknow∣ledge Him their King, and themselves his people, as Augustin saith well: who also saith, The King and Rulers are happy, if they make their Power serviceable to the divine Majesty, for the propagation of his King∣dome, and encrease of his Honour. Empe∣rours themselves, Theodosius and Honorius, have professed thus, Our Labours of War, and Counsells of Peace, are all directed to this only end, that our people may serve God with true Devotion

* 1.8 And this that is so clearly demonstrated in holy Writ, was not altogether unseen by those that had only the light of Nature, for in Aristotles judgement that is the best Common-wealth, which shewes the way to a most vertuous and happy life; and, as the same Philosopher affirmes, that is the most happy way of life, * 1.9, which leads most directly to the knowledge and service of God, the contrary whereof is most unhappy.

Now, if this be true, that the end pro∣posed to the Highest Powers, is not only

externall Peace, but that their People may be most Religious; and the things condu∣cing to that end are called Sacred; it fol∣lowes, that these things are all included within the Command and Authority of the same Power; for the End being granted, a Right is granted to all that, without which the End cannot be obtained.

* 1.10 To these Arguments drawn from the very nature of the thing, shall be added the most sacred and certain Authority of the Law divine. Kings are commanded to Keep all the law of God, to serve the Lord, to kiss the Son. This being spoken to Kings, not as Men (for so it would not concern them more than other men) but as Kings, it followes, some royall act is required of them, that is, the use of their Authority in matters of Religion. I had rather explane this in S. Augustin's words, than my own: Herein doe Kings (as they are commanded by Him) serve God as Kings, if in their Do∣minions they command things good, forbid evill; not only in respect of humane society, but the worship of God also. And in another place; The King serveth God, as a man, as a King; as a man, by a godly life; as a King, by godly Lawes. As Ezechias, by destroying the Groves, and Temples of the Idols; and as Josias served God, in the like

manner: doing those things for the honour of God, which only Kings can doe. And this is that royall noursing of the Church, * 1.11 which by the Prophet God hath pro∣mised.

* 1.12 After the Divine Law, follows in its or∣der the Custome of the Church, and the Examples of Emperours; whose Piety is out of question. That all They used their Authority in sacred things, will appear in all the particulars that shall be handled. In short, Socrates the Historian hath told us, Ever since the Emperours became Chri∣stian, the affaires of the Church depended upon them. For the Church, saith Optatus, is in the Common-wealth, i.e. in the Roman Empire: not the Empire in the Church. Constantine in an old Inscription is call'd the Author of faith and religion. Basil the Emperour, stiling the Church an Univer∣sall Ship, saith, God had placed him at the Sterne to govern it. In that antient Epistle of Eleutherius Bishop of Rome, speaking of Religion, He entitleth the King of Bri∣tain, God's Vicar, in his own Dominion. And Charles the Great, is nam'd, The Re∣ctor of true Religion, by the Council of Ments.

* 1.13 That the Churches reformed, in our Fathers time, after the antient pattern, are

of the same judgement, their Confessions witnesse. It belongs to Magistrates not only to be carefull of Civill Polity, but to endeavour that the Sacred Ministry be preserved, and the kingdome of Christ propagated: that the Gospell be purely preached, and God served according to his holy Word. So the Belgic, Let the Magistrate hold fast the word of God, and see that nothing be taught contrary to it. So the Helvetian. This office was en∣joyn'd the Heathen Magistrate: to take care that the name of God be duly honou∣red, how much more belongs it to the Christian Magistrate as the true Deputy of God in his Dominion. So the Basil Confess. Yea, the English Church denoun∣ces Excommunication against them that deny the King of England that Authority in Ecclesiasticall affaires, which was used by the Hebrew Kings. 'Twould be tedi∣ous to transcribe what hath been written in defence hereof. Besides the Divines, all the writers of Politie, that are worth the reading, have given account of this, not on∣ly as a part, but as the principall and best part of the Imperiall Right.

* 1.14 Neither have only the antient Christi∣ans and late reformed, but other Nations also, deliver'd this with so great consent,

that 'tis most manifestly the very voyce of right reason, common to all man-kind; and being derived from the most antient, before the depravation of Religion, by a long Succession hath been deliverd to their Posterity. The first care in a Common-wealth is about things Divine, thus Aristo∣tle; and Plutarch, This is the first thing in making Lawes: It is fit, saith he, the Best should be honour'd by the best: and He that ruleth all, by him that ruleth. The most ancient Law-givers Charondas and Zaleu∣cus approv'd the same by their own exam∣ple: and the twelve Tables, the Fountain of the Roman Law, derived from the Greeks, contained sundry Precepts about Sacred things. Justinian and Theodosius have Lawes concerning Religion, in their Codes: and Ulpian defines the wisdome of the Law, to be the knowledge of things Di∣vine, as well as Humane. Suarez himselfe confesseth, It hath been alwayes observed among men, though particular offices, Ci∣vill and Ecclesiasticall, were given to severall persons, because the variety of actions re∣quired that distinction, yet the Supreme Power of both, especially as to making Lawes, was seated in the Prince; and so it appears by Histories, that unto Kings and Empe∣rours, in the City of Rome, and the Empire,

this Power was ever given The same is also probable of other Common-wealths. Generall Custome, saith the same Schoole-man, de∣clares the institution of Nature.

* 1.15 Indeed Thomas and Cajetan seem to have thought, all the care of Law-givers in those Nations to have regarded only the publick Peace. But this, thus precisely taken, is very hard to be proved, and scarce credible. For the Christian Fathers doe prove most evi∣dently, that the Greeks of old believed, Re∣wards and Punishments after death to be re∣served for men, by divine Judgement. That they thus believed, and other Hea∣thens too, there are very many Testimo∣nies of most faithfull Authors. Why then may we not believe this end was look'd upon by some of their Law-givers? espe∣cially, when Austin saith, 'Tis not to be doubted, very many beside Abrahams Fami∣ly, although the holy Scripture mention only Job, and a few more, did believe and hope in Christ to come.

* 1.16 But besides that end (eternall happiness) the prime and principall, this also is a just cause for the Highest Powers to take Re∣ligion into their charge, the great Conse∣quence it hath to outward felicity and con∣cord: and that for two reasons; the first in respect of Gods providence; for piety

hath the promises, not only of the fu∣ture, but of the present life. * 1.17 Seek first the kingdom of God, and all other things shall be added unto you. And in the old Law of the Hebrewes, * 1.18 a prosperous Reigne, fruitfulnesse of the earth, vi∣ctory over enemies, are proposed to the godly; to the ungodly are threatned most grievous curses. Nor were the Gen∣tiles ignorant of this, no not after they had departed from the one true God unto their Idols. Livy saith, All things fall out luc∣kily to those that worship the Gods, unprospe∣rously to the despisers of them. In Plato there is much to this purpose. For Chri∣stian writers, take only that of Leo to Mar∣tian, I rejoyce that you are studious of the Churches peace: * 1.19 and this shall be your re∣ward; the peace you give to the Church, your Empire shall partake of.

* 1.20 The other reason is, from the nature and proper efficacy of Religion, which is of force to make men quiet, obedient, lo∣vers of their Country, keepers of Justice and Equity; and where the people are so well disposed, the Common-wealth must needs be happy. Hence Plato calls Religi∣on the fortresse of Power, the bond of Lawes and good Discipline; Cicero, The founda∣tion of humane Society; and Plutarch sayth,

the City may more easily be built without ground, than the Citizens preserv'd without a persuasion of the deity. Cyrus in Xeno∣phon thought his houshold would be the further from any evill enterprize against him or one another, the more they fea∣red God: and Aristotle notes, that Sub∣jects doe most esteem and trust the King, whom they believe to stand in awe of the divine power. Even false Religion con∣duces somewhat to outward peace; and the nearer it comes to truth, the more it pre∣vails to that end; but for Christian Re∣ligion (to let passe the testimonies of her friends) the adversaries have given it this praise, That it binds men with a holy tye, not to commit stealth or robbery, not to break their word, or faile in their trust, as Pliny speaks; That it teacheth nothing but what is just and gentle, as Ammianus Mar∣cellinus; that it is a persuasion which de∣stroyes all wickednesse, as it is in Zosimus.

Nor is this the effect of Religion, in that part only, where it prescribes a rule for manners, and strengthens it with threats and promises: the Doctrines and Rites al∣so have no small moment to the furthe∣ring of good life, and advancing the pub∣lick happinesse. Xenophon perhaps thought it was a witty conceit when he said, T'was

all one, as to manners, whether we believe God corporeall or incorporeall: but Truth it self hath taught us otherwise, when from this, that God is a Spirit, is inferr'd, therefore He must be worshipped in spirit. The most vertuous mind (as Seneca also acknowledgeth) is the best worship and most acceptable to God. So doe even the Phi∣losophers teach, that no foul deed is to be committed, because God is every where present: and because God knowes all that shall come to passe, they shew that no∣thing shall befall good men, but what shall turne to their benefit. Tiberius was the more negligent of religious duties (as Suetonius hath it) being perswaded, all things were carryed by Fate; and it was not in vaine that Plato said, If you would have the State goe well, you must not suffer any one to teach, that God is the cause of Evill deeds; which to say is impious, and therefore to the Common-wealth most pernicious. The same Plato shewes at large, that it is of much concernment, what rites are used, and with what mind, in the second Book of his Republick; where he setteth down the harme those Ceremonious expiations doe, by the use whereof without amendment of life, men hoped for pardon of their wickednesse.

* 1.21 Other causes, but lesse principall, might be added; for which the highest power cannot relinquish the command over sacred things, without the very great hazard of the Common-wealth; for some Priests are of such a nature, that unlesse they be kept under, they wil be above you: & the super∣stitious multitude do more hearken to their Preachers, than their Governours. Kings and Emperours have learned this at their cost, and the Annals are full of examples. One thing more for conclusion; the expe∣rience of all ages tels us, that change in Religion, even in Rites and Ceremonies, if it be not with consent, or manifestly for the better, often shakes the Common∣wealth, and brings it into danger. Where∣fore unlesse that curiosity be restrained by Lawes, the State will often totter. For these last reasons, there are some even in the Roman Church, that submit the Priest (though by them otherwise exempted) to the Power of the Prince.

CHAP. II.

That the Authority or Rule over Sacred things, and the Sacred Function, are distinct.

ARistotle teacheth very well, that it is not the part of an Architect, as an Architect, to set his hand to the worke, but to prescribe, what every one shall doe, as right reason shall direct him; and what he shall rightly appoint, the work∣men must rightly execute: So it is the Rulers office, not to doe the things com∣manded, but to command them to be done. But the Functions under command are of two sorts: * 1.22 some are subject both by nature and order, as effects proceeding from their cause; some only by order. In the former way under the Architect are the Overseers of the work; * 1.23 in the latter the Carpenter, the Smith, and other La∣bourers. So also, to the Authority of the Highest Power are subject in the former way the offices that have in them Au∣thority and Jurisdiction, as the office of Major, Governour of a town, and the like: In the latter way the Function of a Phy∣sician, Philosopher, Husbandman and Merchant. Wherefore they fight with

their own shadow, who take great pains to prove that the Pastors of Churches, as suen, are not the Vicars or Deputies of the Highest Powers; for who knows not that, when Physicians neither can without mi∣stake be stiled so. But that the same Pa∣stors, as they receive some Authority or Jurisdiction, beside their Pastorall office, in respect of that accession, may be called Deputies or Delegates of the Supreme Powers, shall be shewed hereafter. Where∣fore when the Learned Deane of Lich∣field proving that Priests are not there∣fore Superiour to Kings, because Kings are commanded to aske Counsell of them, uses this example, that Kings advise with their Counsellours of State, who yet are not their Superiors: They misunderstand him, who take his meaning to bee, that these doe agree in all respects, when 'tis sufficient for a similitude, that there be a correspondence in the drift of the speech: otherwise even the Parables in the Gos∣pel will be expos'd to censure. Pastors are rightly compar'd to the Civill Of∣ficers, in respect of the subordination not the emanation of their Office. The Ci∣vill Officers are both Subjects to the Highest, and Deputies; the Pastors, as such, are only Subjects, not Deputies.

* 1.24 The Authority over the Function, and the Function it self being distinguished, we must enquire, Whether that Authori∣ty, and the holy Function may be united in the same person, Whereunto that we apply a fit answer, a difference must be made between the Law of Nature, and Po∣sitive divine Law. By the naturall Law, the same person may have the highest Authority and the Priesthood too: be∣cause these have no such opposition, but they may meet in one man. Nay more, set aside the Positive Law, and some ex∣ternall impediments, it is in some sort, naturall, that the same Person be both King and Priest; not so naturall, as that it cannot be otherwise, but as those things are tearmed naturall, which are well agreeing unto nature and right reason. For seeing Kings, whose Dominions are not of the largest, may easily joyne some peculiar Function to the care of their Kingdome, as we have known Kings to have been Physicians, Philosophers, A∣strologers, Poets, and very many Com∣manders in War; and seeing, no Functi∣on is more excellent, and whence doe flow down upon the people so many benefits, as the Priestly Office; it appears, that this, above all other, is most conve∣nient

and worthy of a King. * 1.25 The consent of Nations doth evince it: for in the first times, when men were govern'd more by Domesticall than Civill Power, the Fa∣thers of families, as all confesse, did both represent some Image of Kings, and per∣forme the Priesthood also. Thus Noah after the Floud was past, offers sacrifice to God. Of Abraham God himself saith, He would instruct his Children and Fa∣mily in the course of a Godly life. * 1.26 We read also of the Sacrifices of Job, and o∣ther Patriarchs. After the Fathers de∣cease, as the Principality of the Family, so the Priesthood too was devolved to the first borne, and that custome continued in the posterity of Jacob for as yet they had no Common-wealth constituted) untill the Levits (that is, the Priests, and Mini∣sters unto the Priests,) were surrogated and put in place of the first borne: as the divine Law doth expresly tell us. But in the meane time, in the Country of Canaan, there being a kind of Common-wealth, we read of Melchisedec King and Priest. The like was Moses before the Consecra∣tion of Aaron. Other Nations of old had the same custome, whether by the instinct of nature or the example of their An∣cestors. In Homer the Hero's, that is, the

Princes, Sacrifice; and, to omit other Na∣tions, the first Kings of Rome did so too; and after the Kingdome was out, there re∣mained yet A King of the Sacred Rites.

It may be enquired, whether those Fa∣thers and Kings, while the true worship of God lasted (as it is credible it lasted a∣mong many of the Fathers for some Ages after the floud) received the Priesthood by some speciall Title, or challenged it to themselves by their Paternall and Regall Right?

Very learned men are of opinion, that, as some probably had the authority of the divine Oracle, so others had it not: nor is any such thing, the Law positive being set aside, requir'd to the constitution of a Priest. Yea, when the men of those times, all the world over, were bound, as far as they knew him, to honour God, and to give him thanks, as the Apostle convinces, Rom 1. they were either bound every one to be Priests, or to commend the Priest∣hood to some chosen men. But it is the Fathers part to assigne all, in the family, their severall offices; and among the rest the Priesthood, as being, by the Law of Nature, not excepted: and the function, which he may assigne unto another, the same, if he be fit for it, nature forbids him

not to assigne unto himselfe. What is faid of the Father, let it be understood of the King; and the rather because all con∣fesse, the free multitude, in that first state, had a right to choose themselves a Priest. Which right of the Multitude, is transfer∣red upon the Highest Power. For such E∣lection consists of bidding and forbidding; because one is licenced to performe Priest∣ly actions, others interdicted the same. But to bid and forbid are acts of Authori∣ty, which he that hath not wholly, hath not truly the name of the Highest Power. That which is spoken to the Hebrews is not opposite hereto; No man taketh this honour to himselfe, but he that is called by God, as Aaron. For the divine writer in that place treateth of the legall Priest, not of him that was, or might have been be∣fore, or out of the Law of Moses: and he shewes, whatsoever was excellent in the legall Priest, was much more eminently in Christ, in whom also there were many things illustrious, which in the legall Priest were wanting. But the Custome of joyn∣ing the Empire with the Priesthood used through all the world about two thousand five hundred years, in many places longer, the Luxury of Kings, their sloth, or busi∣nesse of war, in other Nations; and a∣mong

the people of God, the Positive di∣vine Law did at last abrogate: that Law I mean, which gave the Priesthood not to any of the people, but only to the house of Aaron. After this, what was before a praise, became a trespasse.

* 1.27 Why God separated the kingdome of Israel from the Priesthood, 'twere hard to find out, unlesse the divine writer to the Hebrews had open'd us the way. 'Tis ap∣parent the Hebrew Nation was very prone to superstition, and often fell away to Idols; To restrain them from this, when God had imposed on them a great burthen of labo∣rious Ceremonies, they began to place all their hope in them; from which most un∣reasonable perswasion, the holy men very often call them off; and shew, that Mercy and integrity of heart is far more accepta∣ble in the sight of God, than all their Sa∣crifices. Had the King himselfe offered their chiefe Sacrifices, as of old the cu∣stome was, how much more would their minds have been taken up with so great a Majesty? But now, when the Priesthood was, though still with Pompe enough, yet disrob'd, as they saw, of the Royall Splen∣dor, and brought down below the King; hereby, they were put in mind, to hope for some great Priest, who should also be a

King as Melchizedec was, and to put their trust in him. What admirers the Jewes were of their Priests, even in this appears, that after their return from the Captivity, they forth-with added to the Priesthood the Principality, which quickly advanced to a Kingdome, and so to a Tyranny.

Moreover, it is worth our observation, that, after the Institution of the Priest∣hood, some reliques of the antient Cu∣stome still remained. For, to the Fathers of families was left, the killing of the Passeover; wherein, as the Jewes rightly note, they performed somewhat of the Priests office. Circumcision also was ad∣ministred without a Priest, as all the He∣brews consent by any one that had skill to do it. And this is not to be omitted, that Prophecy, which seems to have a naturall coherence with the Priesthood, was as well given to Kings as Priests; Yea, to private men, more often than to the Priests. Thus did God, many wayes, bring the people to an acknowledgement of the weaknesse of the Leviticall order. Thus did the Law, as it were, by the hand lead them unto Christ; who was to be the highest Prophet, the highest Priest, and the highest King; who also should make all believers in him par∣takers of that threefold honour. Concern∣ing

the Prophecy, * 1.28 we have that of Esay, cited by St. John, They shall be all taught of God: and another notable place of Je∣remy, cited in the Epistle to the Hebrews. * 1.29 Concerning the Kingdome and Priest∣hood, * 1.30 Peter speaks of both at once, where he calls the faithfull, a royall Priesthood. And John in the Revelation, * 1.31 He hath made us Kings and Priests unto God. Yet, neither the excellency of Christ himselfe in his propheticall office, nor the generall Com∣munication of the gift of prophecy to the faithfull, hinder, but that some in the New Testament may be called Prophets, by a singular right. So also, the Kingdome of Christ, which partly consists in his divine care of his Church against her enemies, partly in a spirituall government of the hearts of men, hath not taken away either the right, or the name of Kings, whose Empire is externall, and subject both to the divine providence, and the spirituall actions of Christ: according to that of Sedulius:

He doth not earthly Kings dethrone, Who gives to His an heavenly Crown.

The name of Priests is also given to the preachers of the New Testament in a spe∣ciall manner: but, there was some reason, why Christ and his Apostles did alwaies

abstain from that kind of speech; which ought to admonish us, that we do not com∣monly and promiscuously argue, from the Leviticall order, to the Evangelicall; feeing, there is a wide difference, both in the office, and the designing of the persons to it.

* 1.32 It is enquired therefore, under the Christian Law, whether the Highest Au∣thority, and the Pastoral office (which may be also call'd the Priesthood, as was noted before) can rightly be united in the same person. Many arguments are brought to prove they cannot, but all are not of the same strength; for some doe more rightly prove the offices to be divers, as they al∣wayes have been; and, that Pastors, as Pa∣stors, have no Empire; rather than the conjunction of the offices to be interdicted. That is of more efficacy, that the Apostle for bids the souldier of Christ (he seems to speak of the Pastorall warfare) to be in∣tangled with worldly businesse; * 1.33 which the most ancient Canors, intitled Apostolicall, * 1.34 extend even to inferiour civill offices. And lest any think this only constituted for the times, they lived under heathen Empe∣rours; the same is repeated, in the Synod of Carthage, * 1.35 under Hono••i••s and Theodo∣sius, Christian Emperours, and in that of Chalcedon too. The reason was, * 1.36 because

the Pastorall office is of such weight and difficulty, that it requires the whole man. Although this must not be taken so rigidly, as alwayes to exclude Pastors from under∣taking any secular charge (the Lawes, for example, * 1.37 except Tuitions) yet in sufficeth to remove from the Pastor my charge, that is difficult and perpetuall; as we see the Apostles exempted themselves, for the same reason, from the care of the Wi∣dowes maintenance; an office otherwise not improper for them. But the charge of a Kingdome, is both perpetuall, and more weighty, than any other. The strongest argument is, That the royall office requires far other manners and behaviour, than the Pastorall, as it is described in the Gospell, So that, even thence it sufficiently appear∣eth, both cannot with any convenience and comlinesse be sustained by one nor with∣out inconstant levity in passing from the exercise of one to the other.

We have shewed that the Empire is di∣stinct from the sacred Function; and, that there are causes, why Both together ought not to be undertaken by the same person. Neverthelesse, because both the Empire, and the Pastorall office (by Pastors I un∣derstand the Ministers 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 prin∣cipall care of the Highest Powers; name∣ly, that Divine things may be rightly or∣dered, and the Salvation of men procured; we need not wonder, if the Highest Pow∣ers, * 1.38 for the community of the matter, and the end, receive sometimes the title of the other Function. Hence it was, that Con∣stantine call'd himselfe a Bishop, and other Emperours had the title of Renowned Pontifs or Priests. In the Emperour Mar∣tianus 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 gi∣ven to Emperours. The sixt generall Sy∣nod forbiddeth Laicks to approach the Al∣tar, 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 spi∣rituall 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 com∣mand, and then, what effect the command may have, in the severall kinds.

* 1.39 Actions are first divided into externall, and internall. The externall are the pri∣mary matter under humane power, the internall are the secondary; nor for them∣selves, 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 un∣der 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 com∣mand, 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 in∣fluence 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, * 1.40 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 ho∣nestly will that, which is dishonest to be done.

Another partition of Actions is this, that, * 1.41 before any thing is by men ordain'd con∣cerning them, they are either morally de∣fin'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. * 1.42 This determining of Actions, before any Act of humane Authority, ariseth, ei∣ther 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 na∣turall; 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 natu∣rall principles, certainly, and determinat∣ly. For, naturall, in this argument, is op∣posed, not to Supernaturall, but to Arbi∣trary. 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, * 1.43 to Abraham, Isaac, Jacob, Moses, and other servants of God. Among all people, to Israel alone, God prescribed many Positive Lawes, pertaining to Re∣ligion, and other things. To all mankind, some things were commanded for a time, as, the Law of the Sabbath, presently up∣on the Creation, as some think; the Law of not eating bloud, or the strangled, af∣ter 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.

* 1.44 These things being understood, it may seeme, that such. Actions only are the just matter about which Humane Au∣thority 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 Au∣thority, which intrinsecally changeth the action; for, when as the things that ought to be done, and the things unlaw∣full, are determined, and therefore immu∣table as to morall good or evill, it fol∣lows, that indefinite actions are left, as the only matter of such a change. Never∣thelesse

when the things that ought to be done and those that ought not, are capa∣ble of a change extrinsecall, and may re∣ceive it from humane Authority, it is ma∣nifest, they are Subject to the same Au∣thority, 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 na∣ture of the thing, and the Law of God; also, to take away impediments, and some∣times 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 permis∣sion 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 un∣done. For the divine Law of the Deca∣logue, saying to the Jew, Thou shalt not kill, Thou shall not steale, and the rest, not only declar'd, what was of the Law na∣turall; but, by the precept, added a new Obligation to the former; so that the Jew, doing the contrary, not only offended,

in doing a vitious act, but an act forbid∣den: because, * 1.45 by the transgression of the Law he dishonour••th God, as Paul speaks. As it is in the Divine Law of the Deca∣logue; so also it is in Mans Law, a propor∣tion being observed. For they that resist, resist the Ordinance of God: and there∣fore, shall receive to themselves damnation, * 1.46 as the Apostle testifies.

We have considered, how largely the matter under Humane Power is extended, and what acts belong unto it, in every kind: now, let us see what acts are not, by right, within the Command thereof. * 1.47 It is certaine, those only are without the li∣mits of the Supreme Power, which are repugnant either to the Naturall, or to any other Divine Law; no other way, of con∣fining the right of the Highest Power, can possibly be invented. The things defi∣ned in the Law Divine (wherein I compre∣hend the Naturall) are of two sorts; some commanded, some forbidden. There∣fore there are two acts of Empire, which belong not to the Right of him that Ru∣leth; To command what God forbids: To forbid what God commands. The reason is, because, as in naturall causes, the In∣feriour have no force to work, against the Efficacy of the Superiour; so it is in Mo∣rall.

Wherefore such Commands, so far as they doe contradict the Divine, cannot have the proper effect of Commands; they cannot Impose an Obligation. Ex∣cellently saith Austin: If the Curator Commands somewhat, is it not to be done? no; If the Proconsul forbids. Herein you contemn not the Power, but choose to obey the Higher. Againe, if the Proconsul bid one thing, the Emperour appoint the con∣trary, without doubt you must hearken to the Emperour. Therefore, if the Empe∣rour doe require one thing, and God ano∣ther, what is to be done? God is the grea∣ter Power; Give us leave, O Emperour, to obey Him.

Yet, we must carefully distinguish, be∣tween the Act of Authority, * 1.48 which moves the Subject to work; and the Force offered, which imposes, on the Subject, a necessity of suffring. For, when the Act of Autho∣rity is without effect, and layes no obliga∣tion; yet the Force hath an effect, not on∣ly Physicall, but Morall; not on the agents part, but the patients; namely, that it is not lawfull, to repell that force, by force: for violent defence, being lawfull against an Equal, against a Superiour is unlawfull. * 1.49 ••A Souldier, saith the Lawyer, who resi∣sted his Captain going about to chastise him,

was punished by the Antients. If he laid hold on his Cane, he was casshier'd: if on purpose he brake it, or laid hand on the Cap∣tain, he was put to death. This though probably it might have proceeded from Humane Law (for humane Authority binds to all things which are not unjust, and it is not unjust to forbear resistance) or also from the Law of Nature, which suffers not a part to oppose the whole, no not for self-preservation: yet is it more cleerly demonstrated out of the written law of God. For Christ, when he said, Hee that taketh the Sword, shall perish by the sword, plainly disallows a forcible defence against the most unjust force offer'd by Authority. And hither is to be referr'd that of Paul Hee that resisteth, resisteth the ordinance of God. There are two wayes of resisting, either by doing against the com∣mand, or by repelling force with force, as Austin interprets: Whether the Power, * 1.50 fa∣vouring the truth, corrects a man, he hath praise by it, who is amended: or, disfavou∣ring the truth, rageth against a man, hee hath also praise by it, who is Crowned. So Pe∣ter will have Servants subject to their Ma∣sters, not only to the good and gentle, but to the froward; which the same Austin, extending also unto Subjects, Princes must

be so endur'd by the common people, saith he, and Masters by their servants; that they may exercise their patience in bearing tem∣porall things, and their hope, in waiting for things eternall. So it was also in the old Law, where to use Subjects for servants, to give away their goods to others, is call'd the Kings Right; * 1.51 not, as if the King doing so, did justly (the Law divine had taught him another lesson, yea, had forbidden him to be puffed up, * 1.52 to gather abundance of gold and silver, and a multitude of horses) but because, doing so, no man might lawfully oppose force against Him as the Romans say, * 1.53 The Praetor gives Judgement, even when he decrees that which is unjust. Hence was that twice spo∣ken of a King, though most unjust, yet set up by God, * 1.54 Who can lay his hand upon the Lords anointed, and be guiltlesse? Neither are they by any means to be heard, who against the holy Scriptures, * 1.55 against right reason, against the judgement of pious An∣tiquity doe arme certain Inferiour Powers against the Highest. For, Peter teaching obedience to the King (that is, to the Highest Power) as Supreme, to Gover∣nours (that is, to Inferiour Powers) as sent, and ordained by Him, manifestly shewes, all the right of Inferiour Powers to depend

upon the Commission they receive from the Highest. Hence Austin concerning Pontius Pilat: Such power God had given him, that was contained under Caesar's Power. And, was not David a Prince, and a Leader among the people of God, who was so farre from touching that Tyrants person, * 1.56 that his heart smote him, for cut∣ting off the lap of his garment? Reason confirmes what we have said. For, those Magistrates, in respect of their Inferiours, are Magistrates, as long as it pleaseth the Supreme Power; but, in respect of the Su∣preme Power, they are but private men; because all Power, and all Jurisdiction flowes from the Supreme, and still de∣pends upon it. Hence Marcus Aurelius, that most wife Emperour, said, The Ma∣gistrates judge Private men, Princes the Magistrates, and God the Princes. By the name of Princes understanding the Empe∣rours, who were now become absolute. The ancient Christendome was of the same judgement; for no Governours, no Leaders of legions, ever attempted any thing with Arms, against the most impious, cruell, and bloudy Emperours: So that, it is a very sad thing, that our Age hath brought forth men of learning, who by a new-coyned doctrine, have opened a broad

way for Seditions, * 1.57 and Wars to enter in. Neither ought we to be moved by any late examples of Arms taken up against Kings. For if they were taken up against Kings, upon whom the whole Right of the people was translated; and, who therefore raign∣ed, not by a precarious, but proper Right; whatsoever pretext or successe they had, they cannot be prais'd without impiety. But, if any where Kings were bound by Contracts, on Positive Lawes, and Decrees of some Senate or States; against these, having not the highest Authority, upon just causes, by the judgement of the same Senate or States, Arms might be taken up. For many Kings, even such as succeed by inheritance, are Kings by name, rather than by Power; as Aemilius Probus hath writ∣ten of the Laconians. But, this deceives the unskilfull, that they doe not enough discern the daily administration of affaires obvious to their eyes, which in an Optima∣cy is oft committed unto one; from the interiour Constitution of the Common∣wealth. What I have said of Kings, I would have to be understood much more of them, who both really, and in title, were not Kings, but Princes; that is, not chiefest, but first. Whose Principality much differs from Supremacy. And again,

this is to be noted, that some Lords and Cities have Supreme Authority, though they seeme not to have it, being under the Trust and protection of another. But, seeing to be under protection, is not to be in subjection; and, as the Roman Lawyers note, The people ceaseth not to be free, that are fairly observant to anothers Majesty; these also may be endowed with Supreme Authority, who are obliged to another by unequall League, or tye of Homage. All this I set down to that end, lest any one hereafter (as I see hath been often done) defame good causes, by an ill Defence. I would more enlarge in this Argument (for 'tis of great consequence, and here to erre is dangerous) but that 'tis done already with great care by ma∣ny others, and of late by the learned Arnisaeus.

Upon these premises, let us come to demonstrate the parity of Empire over Sa∣cred and other matters. * 1.58 As in all things, the thoughts are not so eafily ruled, as the words: so particularly, in Religion, Lactantius hath truly said; Who shall en∣force me, either to believe, what I will not; or, not to believe, what I will? And in this sense that of Casiodor is true, Religion can∣not be Commanded; and of Bernard, Faith

is to be planted by persuasion, not obtruded by violence. Wherefore also the Emperours Gratian, Valentinian, and Theodosius, said concerning an Heretick, Let him think, if he will, what is hurtfull for himself; let him not utter it, to the hurt of others. And, I suppose, Constantine had respect here∣unto, when he call'd himself a Bishop or Overseer of things without: because, the inward acts, taken by themselves, are not the matter of Humane power; but are Subject to the power of God; who, by Bishops, not Commanding but Ministring, moves the minds of men with voices and signs; yet so, that the still reserves the maine Efficacy to himself alone. Not∣withstanding, inward acts of all sorts, ta∣ken joyntly with the outward, fall under Humane Authority. The Cornelian Law lays hold on him, who carrys a weapon, with purpose to kill a man: and Adrian the Emperour saith, not only the event in evill deeds, but the will is to be consider'd. So in Justinians Code, concerning the Ca∣tholick Faith, a Title is extant, to wit, for the Profession of Faith, which the first Law explains, All people under our Empire we require to be of such Religion, &c. Hence came those names of Kings, Rectors, Au∣thors, Defenders of the Faith. So also of

old, the King of Ninive commanded re∣pentance, with fasting. * 1.59 That things for∣bidden by God cannot with validity be commanded; nor things by him com∣manded, be forbidden by Humane power, is no lesse true in other actions, than in Sacred; in both, that of the Apostle hath place, We must obey God rather than men: which a Disciple of the Apostles, Poly∣carpus, hath expressed thus; We have lear∣ned to render to the Powers ordained by God, all the honour we can, without hurting our own souls. The King of Egypt Commands the Mid-wives to kill the Male-children of the Hebrews: They doe not obey. The cause is exprest. For they feared God: who by the dictate of Nature forbids to slay the innocent. King Ahab would have Naboth sell him his Vineyard; Naboth denyes; for, the Divine Law, given to the He∣brews, forbad inheritances to be alienated from the same family. Antoninus Caracal∣la commands Papinian the Lawyer, to defend the paricide committed by him: Papinian refuses, and had rather dye; because he knew, it was against the Law of Nature and Nations, to speak false and Patronize so great a crime. By the same right, but with more holy affection, the Apostles, when the Councill charged

them, not to speak or teach in the name of Jesus, * 1.60, aske, whether they must not obey God rather than men? and justly: for they had received a charge from God him∣self, by the mouth of the Lord Jesus, in his name to Preach repentance and re∣mission of sin, * 1.61 and that beginning at Jeru∣salem; for this also was specified in their Commission. What therefore the Divine Command had made necessary for them to be done, Humane command could not render unlawfull. And in this sense the Authors are to be explain'd, who say, the Gospel, the Ministry, the Sacraments, are not subject to Humane Power; that is, to change that, * 1.62 which Divine Law hath introduced.

For first, the Preaching of the word of salvation, and the exhibition of the Sa∣craments, being commanded by God, cannot effectually be forbidden by men. Likewise, the Noursing of Parents or Children, the relieving of the innocent, and many other duties, are so far exempt from Humane Law, that the prohibition of them is of no force or vertue. Secondly, the forme by God prescrib'd, for the Mi∣nistry of his word and Sacrament, cannot be alter'd by men; nor is this proper to things Sacred. For also, the Forme of

Matrimony, as it consists in the unity and individuall knot of two persons, is by Hu∣mane Law immutable. Thirdly, it belongs not unto Humane Power, to make new Articles of Faith, or, as Justinian speaks, to innovate the Faith; * 1.63 nor to institute a new worship of God, or new Sacraments; because, the nature of such things will not admit thereof: for nothing can be believed or done, in order to salvation, but what God hath declared such; nei∣ther can any thing be fit to apply unto us the Divine grace, unlesse God hath as∣sign'd it to that use. Yet, to speak accu∣rately, these things which we have re∣hearsed, Sacred and others, may be rather said to have something in them of immu∣table right, than simply and altogether exempted from the Rule of the Highest Powers; seeing there be very many and very great acts of Authority concerning them; * 1.64 which acts are call'd in Scripture the Commandements of the King in the bu∣sinesse of the Lord.

* 1.65 For first, it is the proper effect of the Highest Powers, that we have liberty and convenience to doe the things which God commandeth, being freed from impedi∣ments, and supplyed with helps. So Cyrus and Darius gave leave to the Jews to re∣staur

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the Temple, and to sacrifice there; and gave them moneys too, to beare their charges. So, by the edict of Constantine and Licinius, the Christians had open exercise of their Religion. Secondly, not only by permitting, but (as before was touched) Humane Law, by Commanding, what Divine Law doth Command, su∣peraddes another Obligation. Thirdly, to the actions Commanded by God, the Highest Power prescribes certaine cir∣cumstances of place, time and manner, that they may be done decently and in order. Fourthly from actions forbidden by God, the matter and oceasions are by Humane Power withdrawn. So Ezechias brake the brasen Serpent; so the Emperours shut up the Heathen Temples. Fiftly, 'tis the part of the Highest Power, by proposing punishments, to draw men to the doing of that, which God Commands, and de∣terre them from the contrary. as Nebu∣chadnezar made it death to speak evill of the Hebrews God; and the Emperours, to offer sacrifice to the God of the Gen∣tiles. And in these particulars consisteth, as I take it, that Office of the Highest Powers which is called by Justinian, * 1.66 the preservative of the Divine Lawes, mea∣ning such a custody, which is also Legisla∣tive,

as Austin speaketh, * 1.67 Let the Kings of the earth serve Christ, by making Lawes also on behalf of Christ. And the same particulars have place in things not Sacred, which are likewise defined one way, by that Divine Law, * 1.68 which the Apostle cals the righteousnesse of God. For therefore the Ci∣vill Law is said to consist, partly of Civill institutions, partly of Naturall precepts. Concerning which Naturall precepts, the Civill Law gives right and liberty to doe them, hindrances being remov'd; yea com∣mands the same things to be done; deter∣mines circumstances; takes away, or streightens the occasions of often trans∣gression, Lastly, addes a sanction, to them, by the constitution of punishments; which is so manifest, that we need spend no more time in this.

* 1.69 Let us come to those things, which by the Divine Law, whether written in the hearts of men, or in the Holy Bible, are not at all determined. To determine them either way, whether they be Sacred or Profane, is the right of the Highest Power. Of prophane, 'tis most known; so David, of dividing the spoile; the Roman Em∣perouis, made constitutions, * 1.70 of the so∣lemnities and effects of Contracts and Testaments, & innumerable other matters.

Of Sacred things, 'tis no lesse clear, if one (I say not, diligently read) but only look into the Sacred History, the Codes of Theo∣dosins and Justinian, the Novels, the Ca∣pitular of Charls the Great. Every where examples are so obvious. It pertaines hi∣ther, to institute Offices, more for con∣venience and ornament, than for necessity, as David did; to build or beautify tem∣ples, as Salomon and Joas, or to appoint a Law and manner of building them, as Justinian; to prescribe the manner of E∣lecting Pastors, holding Synods, keeping order among Pastors, alienation of things dedicate to holy uses; all which very many Christian Emperours have done.

* 1.71 Now, if the Highest Power shall ex∣ceede the due limits, by decreeing and or∣deining any thing, either in Ecclesiasti∣call things, against the Rules of Faith and Religion prescrib'd by God; or, in other matters, against the perpetuall rule of e∣quity (as in both kinds it sometime hap∣pons) Ecclesiasticall and Civill things doe againe agree in this, that, as a man cannot be oblig'd to obey men rather than God; so if upon refusall force be offer'd, there remains the glory of patience, no right to oppose force to force. * 1.72 So Christ hath caught Peter, * 1.73 and Peter us. So saith

Ambrose, Grieve I can, weep I can, mourn I can, any other way to make resistance, I cannot, I ought not. A most holy example of that patience prescrib'd unto us by God, is left us by those antient Chri∣stians, that liv'd under the heavy yoake of the unbelieving Emperours. They were men to be feared for their number, had they chosen rather to shed others bloud, than their own: for, Tertullian shews how they had filled both the Camp and City. That victorious Thebane Le∣gion, for Religion sake, was contented to lose every tenth man, at the Emperours Command; and, it is memorable, that when there was one Christian put to death for tearing the Imperiall edict, Com∣manding Bibles to be burnt, Churches to be demolisht, and the Christians Cru∣cified; the rest of the Christians de∣clared, He had justly deserved that pu∣nishment. So deeply had the voyce of Christ sunk into their minds, that forbids to take the sword. Every one takes the sword, who hath not receiv'd it from God. God hath given it to none, but the Supreme Powers and to such as they appoint. No examples of the old Te∣stament evince the contrary; for when we read of the defections of people or

Cities from some Kings, and the impiety of the Kings set down for the cause, therein the divine judgement is described, not the deeds of men commended. But if the Highest Power, that hath undertaken the protection of true Religion, be it self there∣fore opposed by the armes either of for∣raign or domestick enemies, it hath all the right and reason in the world, by Arms to defend its own Authority, and the lives and fortunes of the Subjects. For 'tis all one upon the matter, whether the opposition be for Religion, or any other pretence; nor is the Power being Independent, more bound to let go the use of Religion, than the posses∣sion of land, at the pleasure of any other whatsoever: For He beareth not the Sword in vain.

* 1.74 It hath been shewed, I think sufficiently, how the Highest Power hath equall Au∣thority over actions Sacred and Prophane, over the externall primarily, and in regard of them, over the internall also in the se∣cond place: I say, Authority to command and forbid, what is commanded already, and forbidden by God; to determine things left in the midst, and permitted to mans li∣berty; and when force is offered under pre∣tence of right, to defend it self. I say, e∣quall Authority over Sacred and Secular

actions: which Binius also a man of the Roman religion acknowledgeth. In gene∣rall there is no difference; but if we come to particulars, 'tis confest, Authority ex∣tendeth not to so many Sacred things, be∣cause the divine Law hath determined more of them, than of the Secular, for, the se∣cular affaires (the Institutes of the Hebrew Common-wealth, it is plain, oblige not us) are almost all circumscrib'd by rules of Nature, saving that it may be doubted of some connubiall Lawes, whether they be Naturall, or out of the Divine pleasure. But, concerning Sacred matters, much is pre∣scribed us in the Gospell, and proceeds im∣mediatly from the will of God. This be∣ing noted, I see not any thing more, re∣maining in this question; for, that a more diligent enquiry, and greater care is need-full in things Sacred, both because the Law of Nature is more known than the Positive, and because errour in Religion is more dan∣gerous; this pertains to the question of the Manner to use the Power rightly, and chan∣ged nothing in the Power it selfe.

CHAP. IV.

The Objections against the Authority of the Highest Fowers, about Sacred things, are answerd

THE right under standing of what is al, ready spoken, will help any one to answer all that is said against the Authority of the Highest Powers, in things Sacted or Ecolef••asticall. * 1.75 For first, that Christ him∣self, not the Highest Powers, ordained the Pastorall office; that, as to the substance of the office, Christ also hath set down the rules; and that, so far (as we have before acknowledged) Pastors are not the Vicars, or Deputies of the Highest Powers, all this diminisheth nothing of the right of Go∣vernment, as will appear by the examples of other things. The power of Parems o∣ver Children, of Husbands over their Wives, hath its o••iginall, not from any Hu∣mane Institution, but from God himself: yet who will deny these Powers, though more antient, to be subject to the Highest. The Physicians function is from God, the author of Nature, (as the Pastor's from God the author of Grace,) and from Na∣ture and Experience he receiveth rules to execute his office, not from the Highest

Powers; nor is he in their stead, when he pract••seth: and yet for all this, the Physi∣cian's function is subject to the Supreme Authority. There is the same reason in other arts and professions.

And, that Pastors are not bound to obey the Highest Powers, when their Com∣mands or Prohibitions are contrary to Gods; herein is nothing singular. For e∣very private man hath so much right, and that in other things, as well as Sacred. Yea, the Judge, that receives his Commissi∣on from the Highest Power, being coman∣ded by the same to judge against right and reason, is not bound to obey, or rather, is bound not to obey; which comes to passe, not because the private man, or the Judge is not subject to the Highest Power; (none will imagine that:) but because both the Power and they are all subject unto God: and when Commands are contrary, the Superiour is to be preferr'd.

* 1.76 That which some allege, that the Magi∣strate (as they love to speak) is not of the essence of the Church. 1. That the Church can subsist, although there were no Su∣preme Power, or that Power not a friend to the Church, is very impertinent; for, that we may speak in their phrase, the Ma∣gistrate is not of the essence of any single

man, not of the essence of a Merchant, or Husband-man, or Physician, yet are all these under the Higher Powers, as reason teacheth, and the Apostles authority.

* 1.77 This objection hath a better appearance, The promise made to the Church in the Prophet, Kings shall bow down to her with their face toward the Earth, and lick up the dust of her feet: which words rather seem to subject Kings to the visible Church, than the Church to Kings. This Argument the Papists often use. But truly, if as Es∣dras and his Companions once, so wee interpret the Scripture by the Scripture, comparing together what was dictated by the same Spirit, we shall easily find, the honour, of which the Prophet speaks, is proper and peculiar unto Christ, which the Psalmist expresses almost in the same words: * 1.78 and it is given to the Church, for Christ spiritually reigning in it; as under the old Testament, we read the Arke to have been adored. There is therefore a Trope in that prophecy, neither can the words be rigidly pressed, without trans∣ferring that Majesty to the Church, which agrees to Christ alone, * 1.79 the Prince of the Kings of the earth.

That saying, which is so much cryed up by the Papists, that the Emperour is

within the Church, not above the Church, is most true of the Church Catholick, that never was, never will be under one King; but it must be taken warily of the visible Church of one kingdome, so as not to deny the Superiority of the Empire; for a King, that properly bears the name of King, is not only Superiour to the people taken severally, but to the whole people altogether. Nor is this understood of un∣believing people only, of whom Christ hath said, * 1.80 The Kings of the Gen••••les bear rule over them; but even Gods own people Is∣rael thus speak, A King shall be over us. * 1.81 And Christian people are taught Subjecti∣on to the unbelieving Kings, * 1.82 by Paul and Peter. Whereupon is that of Chrysostome, If this berequired under Pagan Kings, how much more ought it to be under Kings that are believers? Nor is it materiall, that pi∣ous Authors sometimes say, Kings doe ser∣vice to the Church; for they mean only, that they doe consult and provide for the commodities thereof; In which sense also the old Pagans call'd a Kingdome Service. So doth the Shepheard serve his flock, the Tutor his Pupill, the Generall his Army: and yet the Flock is not above the Shep∣heard, nor the Pupill above the Tutor, nor the Army above the Generall. For they that

govern serve, by the office of consulting, and graciously providing, as Austin speaks; Kings therefore may be said to serve the Church, not to be servants of the Church, in that sense, as service signifies subjection. For Saul is not the servant of Israel, but Israel the Servants of Saul: * 1.83 and specially Abimelech amongst the Priests, as David among the Peers. So is Sadoc the Priest the servant of David and Solomon. Where∣fore also the greatest Synods, being as it were a Compendium of the whole Church, living under the Roman Empire, salute the Emperours by the name of their Lords. Certainly, as a Father hath equally the Rule over his family, whether believing or not: so the peoples right Religion dimi∣nisheth nothing of the Right of the Highest Power.

* 1.84 Some think this a very strong argument against the Authority asserted to the High∣est Powers, that the Sacred Function of Pastors is conversant about Kings also, not only as the Gospel is in generall prea∣ched unto them among the rest, but as by the Ministry of the Keys, it is applyed to them in particular. But the weaknesse of this Argument is convinced by like ex∣amples; for what Function is not con∣versant about the King? Husbandmen,

Merchants and the like, the King stands in need of, but to come nearer, the Phy∣sician cures the King as well as his Groome, and prescribes to both what may conduce to their recovery; more∣over, the Counsellour of State is em∣ploy'd about the King, not only as a man, but as a King. Yet no man hath been so unwise, to exempt either the Persons or Functions of any of them from the High∣est Authority, and loose them from the bonds of Humane Lawes.

* 1.85 We must come now unto them, who think all Authority about Sacred things so to belong unto Christ alone, that Kings cannot be partakers of it, because he is sufficient alone for the Administration of his Kingdome, and needs not the help of a Deputy. That we may satisfy these men, the actions of Christ must be distinguished. His Legislation, and his finall Judgement are peculiar to him. In his Legislation is comprehended not only a more plaine promulgation of the Divine Law, mis∣interpretations being rejected and the dif∣ference laid open between the things which God alwaies approved, and those which he did wink at or beare with for a time; but also the constitution of the Evangelicall Ministry and Sacraments,

with the abrogation of the Ceremoniall Law. His finall Judgement conteins the condemnation of some, and the absolu∣tion of others with exhibition of the re∣ward. Which being done, Christ shall put off the Administration of his King∣dome, and yet retein the Majesty of a King for ever. These actions therefore being done, and to be done by Christ himself; Life and Death Eternall, with the Promise, commination and adjudge∣ment of the same, being not in the power of meer men; it is certaine, that in them no man is the associate or Deputy to him. But there be other actions call'd inter∣mediate: and of these againe, some are about the inward, some about the out∣ward man. Those about the inward man are partly in the man, partly concerning him. In the man, Christ works when by the vertue of his Spirit he illuminats some, others by not illuminating he blinds, he opens the heart of some, others by not opening he hardens; sometimes he affor∣deth greater aydes against temptations, sometimes lesse. Concerning the man, Christ works, when he remits or reteins sin: yet for the most part in those actions also some signs of them are inwardly Im∣printed in the man by Divine Efficacy.

All those actions exceeding the Power of meer Man, are also so peculiar to Christ, that he admits no Fellow in them not Vicar. Ministers indeed he admits to these actions, Pastors: Private men, and Kings too, every ohe in his way. But there is a difference between a Vicar, and a meer Minister; because it is the part of a Vicar to produce actions of like kind with his actions whose place he holds; though of lesse perfection: and to a meer Minister it perteins not to produce actions of like kind, but such as are serviceable to the actions of the principall cause. Whence it appears, that the same action is proper∣ly atributed, yet proportionably, both to the Prineipall and the Vicegerent; for the King truly Governs and gives judgement; so doth the Judge also, though not with equall Right. But, to the Principall and the meer Minister, the same action can∣not be accommodated without a Trope: as Pastors are said to save men, to remit and reteine their sins. There remaine the actions of Christ about the outward man: which especially consist in defence and deliverance from enemies, and in the or∣dering and adorning of his Church; actions rightly referr'd unto his provi∣dence. And as the generall providence of

God which hath a warchfull eye over all things although by it self it be sufficient for the disposition and execution of them; yet, for the demonstration of his. mani∣fold wisdome, He makes use of the Highest Powers, as his Deputies, to pre∣serve the common society of men; whence also they are stiled Gods: So that spe∣ciall providence of Christ, watching over his Church, assumes unto it self the same Powers to Patronise the true Faith; and to them Christ also imparted his own name. These are they that, as Nazian∣zen saith, rule together with Christ, not by equall fellowship of power (far bee from as so impious a thought) but by a Vicarious and derived right, which is the meaning of that in the Bohemian conses∣sion, Magistrates have a power common with the Damb. Wherefore seding things subordinate do•• no fight against one ano∣ther, and seeing it doth not mis become the Majesty of Christ to excout•• the prin∣••ipall actions of his Kingdome by him∣self immediatly, 〈◊〉〈◊〉 partly by him∣self, pamly by other (as ••e 〈◊〉〈◊〉 too the Angels Ministry, out of question) it fol∣lows, that the earthy Empire of the High∣est Power, as it takes care of Sacred things, doth not at all oppose or stand against the

heavenly and divine Power of Christ.

And here we must admonish our Oppo∣nents, that in the place of Christ, * 1.86 the King of Kings, and Lord of Lords, they may not put upon us Presbyteries and Synods; nor transferre what is proper to Christ alone, to rule over Kings, unto them, whom both the necessity of order, and divine Autho∣rity hath subjected to the Imperial Power. But, because in Scripture, and the antient History some Government is attributed, partly to Pastors, partly to Churches, let us see how it comes to passe, that the Go∣vernment of the Highest Power is not o∣verthrown thereby.

* 1.87 For the right understanding whereof, lest in the unlikenesse of things we be de∣ceiv'd by the likenesse of words, we must make use of some distinctions. Govern∣ment is either such as may consist with the Liberty of the Governed, or such as ••••dy not consist, with it the former agrees to them, who govern (as Tucitus speaka) by authority of persuasion not by pou•••••• of Command, as Physicians Lawyers, Coun sellours in things not, altogether necessary. The later Government, whereby the Li∣berty of the Governed is taken away, is either Declarative of Law, or Constitutive: and this later, either by right of consent,

or by vertue of Authority. This distincti∣on springs from the manner of introducing an obligation. They that govern declara∣tively doc not oblige properly, but occa∣sionally, as they give a man notice of that which either brings or encreases an Obli∣gation. So the Physician governs his Pati∣ent, by shewing what is hurtfull, what is wholsome: which being known, the sick is bound to use this, avoid that, not by any Right which the Physician hath over him, but by the Law of Nature, which com∣mands every one to have a care of his own life and safety. So Philosophers doe go∣vern the Morall and Civill life, by shewing what is honest, what the safety of the peo∣ple requires. Hither are refer••••d the An∣nunciations which Embassadours or He∣ralds sent by the Highest Powers make un∣to the Subjects, and as well the suasory, which we have memtion'd, as the declara∣tive, are wont to be comprehended under the one name of Directive regiment; from which differs the Constitutive, whether it ariseth out of Consent, a Command. That, out of consent, hath vertue to oblige all that have consented, by the naturall law, concerning the keeping of Covenants, in those things, which were in the right and power of the Covenanters. But they, that

have not consented, are not directly bound; indirectly they are, if three things concurr. First, that they are a part of the whole; Second, that the major part of the whole have consented; The third, that something must be necessarily Constituted for the conservation of the whole, or the better∣ing of it. Upon these conditions, all and every one are bound, not by any Right which the major part hath over them, as Superiour, but by that Law of Nature, which requires every part, as a part, to be ordered for the good of the whole. Which good oftentimes cannot be had without some speciall determination; and that de∣termination can be of no effect, if it be lawfull for a few to undoe what was done by many. Hence it is, that the Compani∣ons of a journey, the partners of one ship, or of the same negotiation, & all Collegues are bound to stand to the decree of the major part, in those things only, that need some determination, and belong to that Community, whereof themselves are members. But the Imperative regiment obligeth by the intrinsecall force of its own supereminence; and the regiments of this kind, as hath been said, are either Su∣preme, or placed under the Supreme: and these again either derived from the Su∣preme,

preme, or of some other originall: these later, ordinary, as that perpetuall and pri∣mitive Government of the Father over his, family, whence ariseth the authority of the. Pedagogue and Tutour; extraordinary, such as God gave by speciall Commission to some men under the old Testament. The Powers derived from the Supreme, either have received a right both to oblige and to act, as the Praetorship; or to oblige only, as the Power of a Delegate. Without a right to oblige, there is no Power, for this is as it were, the naturall effect thereof.

* 1.88 Let us now apply all this unto Pastors and Churches. The Apostles are forbid by Christ, the Presbyters or Pastors by the Apostle, to rule as Lords over Gods heri∣tage; the word is applyed to Kings, Lu. 22.23. and that is not only forbid, but to ex∣ercise authority, which as distinct from the other is given to Great ones, Mat. 20.25. Mar. 1.42. By the name of Great ones are understood such Princes as the Ethnarchs of the Jewes, * 1.89 which were stiled Euergetae, as we may see in Josephus, whence that of Luke may receive some light, They that ex∣ercise Authority over them, are called Euer∣getae benefactors. If therefore such right as the Highest Powers have, and such as

the Inferiour Powers have, be denyed Pa∣stors; it followes, that all Power is deny∣ed them. Christ himfelf respecting his state of a servant, * 1.90 denies his kingdome to be of this world; * 1.91 denyes (which is lesser) that he was made a judge. And unto the same state he called his Apostles. We have not (saith Chrysostom) such power given us, that by authority of sentence we can restrain men from offences. And saith Bernard, I read that the Apostles stood to be judged, I find not that they sate in judgement. Pa∣stors are call'd in Scripture by the name of Embassadours, Messengers, Preachers; whose part it is, to declare the Authority of another, not to oblige men by their own. Their Commission is, * 1.92 to speak what they have heard, to deliver what they have received, and no more. * 1.93 The Apostle him∣self, concerning Virgins, * 1.94 because he had no commandement from the Lord, dares command nothing; only he gives Coun∣sell, withall declaring ••would be no sin in her that should do otherwise; and admo∣nishing the Corinthians to help those of Jerusalem, * 1.95 by some extraordinary lar∣gesse, * 1.96 he addes, not of neceßity: the reason whereof went before, I speak not by com∣mand. The Government therefore, which is given to Pastors, when they are said to

guide, * 1.97 to rule, to feed, to be set over the Church, * 1.98 ought to be referred to the decla∣rative kind, or to that which meerly con∣sisteth in persuasion. * 1.99 Where the Apostles or Pastors are read to have commanded, it is to be interpreted by that figure by which they are said to remit and retain sins, that is, to declare them remitted or retained. Nor is that to be taken otherwise, when God saith he set Jeremy to destroy kingdomes; that is, to pronounce the destruction of them. * 1.100 So also in those Letters of the El∣ders and Brethren to the Churches of Sy∣tia and Cilicia these words, to impose a burthen, are to be expounded in like sort: for there is no new burthen imposed upon the Christians, (then it would follow, that fornication, the avoyding whereof is a part of that burthen, was lawfull before this decree) but the duty of Christians is de∣clar'd out of the divine Law; which would have free actions directed to the furthe∣rance of other mens salvations, and all of∣fences carefully avoided.

* 1.101 That the Church hath no Commanding Power by Divine right appears, because the Sword is the instrument of that power, (by the Sword is meant coërcive force:) but the armes of the Church are not carnall, * 1.102 neither hath She received any Sword from

God, * 1.103 but the spirituall, that is, * 1.104 the word of God. Besides, Her conversation is not in Farth, but in heaven; she lives on earth as a stranger, not as free; and strangers have no right to command. Yet, * 1.105 since the Church is a company, not permitted only, but instituted by Divine Law (I speak of the Church visible) it follows, that all those things, which do naturally agree to lawfull Companies, doe agree to the Church also; so farre, as they are prov'd not taken away. Among those things is the Constitutive Government, which we called by consent. Wee will bring two examples. The law of the Sabbath being abrogated, 'twas at the Christians pleasure, keeping a just proportion, to set apart what part of time they would for the worship of God. Now, because that worship, according to the precept of Christ, requir'd a certain Congregation of godly men, that part of time could not be determin'd but by cor∣sent. So the Apostles leading the way, and the Church following, was dedicated to holy Assemblies the first day of the week; * 1.106 which also, in memory of the Resurrecti∣on, is called the Lords day. Again, the A∣postles being themselves not at leasure to oversee the poor, the Church, by their persuasion, Instituted the office of Dea∣cons,

and made election of persons to per∣sons to performe it. In both places wee find somewhat defined and constituted by consent, which without great fault none could gainsay. For, it was requisite that somewhat should be constituted; and that could not be, one or two dissenting, un∣lesse, either the minor part should give place to the major, or the major to the mi∣nor. This being unreasonable, that was necessary. This right of Constitution therefore, to the Church is naturall. But, the Imperative Government, * 1.107 we have shewed above, not to follow from the na∣ture of the Church: and yet that hindereth not, but that both the Highest, and the In∣feriour Authority may agree unto it. The Highest, if the faithfull unmixed with o∣thers, and free from all subjection, make up a Common-wealth of themselves; This seemeth to have happened to the Jewes in the times of the Maccabees; * 1.108 the Church had then the Highest Authority: yet, not properly as a faithfull people, but as a free people. An Inferiour Authority, and liberty to use their own Law, the same Jewes, not only in their own Land, but at Alemandria and else-where, have often had, with some kind of coactive Power, sometimes of more, sometimes of lesse ex∣tent;

as it pleased the Supreme Gover∣nours, under whom they lived.

But, as for the Ministers of holy things, we have sufficiently shewed, that no com∣manding Authority agrees to them by Di∣vine right, that is, flowing from the Insti∣tution or nature of the Ministry it self: as also, 〈◊〉〈◊〉 the Highest Authority is incom∣patible ••ith snch a Ministry. Neverthe∣lesse, that Inferiour Authority ought al∣wayes to be separated from the Pastorall office, the antient Church never believed.

* 1.109 Whatsoever we have given to Pastors, derogates nothing from the Authority of the Highest Powers over Sacred things; for the Directive regiment, consisting in the giving of counsell and declaring of the divine command, is quite of another kind. And 'tis no marvell if the same person do govern, and is govern'd, in a divers kind of government; for the Counsellour go∣verns the King by perswading; He that is skill'd in Naturall right, by declaring di∣vine Law; the Physician and Pastor both wayes; yet hath the King command over them all, and that the Highest. * 1.110 The Go∣vernment by consent, although Constitu∣tive, is also subject to the Empire of the Highest Powers; because no man, by con∣senting, can conferre upon another more

right, than he had himself. For this Obli∣gation, arising from the Liberty of every one, is not larger than that liberty; but, they have not liberty, being single, to do any thing against the Command of the Highest Power, (except the things which God commands:) therefore they have no right to bind themselves so farre. Besides, two Constitutive Governments ••unlesse subordinate one to the other, cannot con∣sist, nor can any Subject be obliged to con∣traries, as before is said; which is the rea∣son why the Paternall and Priestly go∣vernment of the Old Testament (for the Aaronicall Priesthood was never without Authority) was by God subjected to the Royall. * 1.111 Lastly, that Authority, which is allowed to Pastors by the Supreme, being both subject to it, and wholly proceeding from it, is so farre from overthrowing, that it plainly confirmes the right of the Supreme; for the cause is known by the effects, and that which gives Autho∣rity to another, hath it selfe more Autho∣rity.

CHAP. V.

Of the Judgement of the Highest Powers about Sacred things.

THe Authority of the Highest Powers about Sacred things being clear'd wee come to that which pertains to the right use of this Authority. * 1.112 The Commands of Authority must proceed from Judgement. Judgement properly denotes the act of a Superiour, defining what is just between two parties; and the Highest Judgement is that of the Highest Power; for the Lawes and Decrees thereof cannot be nul∣led or repealed by any Higher: although obedience to such Lawes and Decrees be not absolutely due, but so farre as it may be given, without violation of Gods com∣mand. Now, * 1.113 as the Authority is exten∣ded to Sacred things, as well as Secular; so is the Judgement too, according to which the Authority is used. Indeed, some Kings and Emperouss have seemed to re∣ject from themselves the Judgement con∣cerning Religion: but, that was either be∣cause they found themselves unfit, and un∣able to performe that office; or else, they meant only (as the Great King of Britan interprets his own words, and some of the

antient Emperours) that they did not ar∣rogate to themselves (as the Pope of Rome doth) a Judgement infallible. * 1.114 The truth is, all Humane Judgement is subject unto error; and unlesse we will take away all Judgement out of the world, we must acquiesce in some Highest: whose errors are to bee reserved to the Judgement of God. If you grant this Highest Hu∣mane judgement (I speak not of Di∣rective judgement, but Imperative) it will not follow thence, that Pastors and other Christians may, upon the judgement and command of the Highest Power, omit the necessary duties of piety and charity: for (as above hath been shewed) the com∣mands of the Highest, bidding or forbid∣ding, whether in Sacred things or Secular, bind us not, to doe or omit any thing a∣gainst the Law of God, either Naturall or Positive; but only to suffer; and that, only where the paine cannot be avoided, but by contrary force.

* 1.115 The Supreme Judgement of Christ doth no more deny this Judgement of which we speak, than his Authority the Authority of the Highest Powers. Le∣gislation carrying with it, by its own ver∣tue, the reward and punishment eternall; and finall judgement, according to that

Law, is the Prerogative of Christ alone, In the meane time, Christ speaks by his Spirit, by Divine Judgement; yet doth not Humane action follow that Judge∣ment, unlesse Humane Judgement be in∣terposed. Which, as it belongs to every Christian, in respect of his private acti∣ons; so, in respect of publike, and of private, that are govern'd by publick Au∣thority, it belongs to the Publick Powers, and to the Highest in the Highest degree. Brentius long ago•• saw this, whose words are these: As a Private man hath a Private, so a Prince hath a Publick Power, to judge of the Doctrine of Religion, and to decide it. They that make the Scripture Judge, * 1.116 think rightly, but speak improperly: for if we speak exactly, the Scripture is the Rule of judging; and the same thing can∣not be, both the Rule, and the Judge. In the same kind of speech, the Law is said to Judge no man unheard: and, * 1.117 The word which I speak, saith Christ, shall judge them at the last day.

* 1.118 To the Pastors and others that have their senses exercised in the Scripture, and to the Churches, but especially, and in the Highest manner, to the Catholick Church, agrees a Judgement concerning Sacred things; for every one, as Aristotle saith,

rightly judgeth of those things which he•• ••nder standeth. But this Judgement is of another kind; for it leads the way to their own actions, and the actions of others, by directing, not by commanding. And, it is not absurd to grant two Highest Judge∣ments of severall sorts, such as are the directive Judgement of the Catholick Church, and the Imperative of the High∣est Power; for there is no Judgement a∣mong men higher in esteeme than that none higher than this in Power.

* 1.119 Now seeing there are two enemies un∣to judgement, ignorance, and ill-affections; to the end, the Supreme Governour may rightly exercise the Judgement that be∣longs unto him, he hath need both of knowledge in Sacred matters, and of a mind truly Religious: things so united one to the other, that Religion encreaseth knowledge, and knowledge Religion, as Lactantius hath plainly shewed.

There is in Tacitus an excellent forme of Prayer for the Emperour, that God would give him an intelligent mind both in Humane and Divine Law. But as far as Divine things excell Humane, so much more glorious, more profitable, and more necessary, is the knowledge of Divine things, than of Humane. Therefore is the

King so strictly charged, * 1.120 to write himself a Copy of the Law, to keep it with him, and read therein all the dayes of his life; and, to Joshuah saith God, * 1.121 Let not this book of the Law depart out of thy mouth, but me∣ditate therein day and night; and in the 2 Psalme 10. verse, which evidently res∣pecteth the times of Christ. Be wise O ye Kings, be learned ye Judges of the earth. The pious Hebrew Kings, of old, obeyed these admonitions: and so did the Chiri∣stian Emperours. Theodosius and Valen∣tinian: Among other cares, which our vigilant Love of the Common-wealth hath imposed on us, we perceive the principall care belonging to the Imperiall Majesty is the search of Religion; by the conservation whereof, we may hope for successe in all our enterprizes. And saith Justinian, Our greatest sollicitade is concerning the true knowledge of God, and the honour of his Ministers. These precepts and examples prove, that the King ought to be skilfull in Religion.

Yet, there are some that Object, and say, it cannot be that one should well at∣tend to any in particular, * 1.122 who hath upon him the weight of all affairs. To whom we answer: there is as it were a naturall coherence between the generall know∣ledge

of all, and the more exact know∣ledge of the most noble part. So doth the Metaphysiologer generally considers all that is, and specially things incorporeall: the Physiologer, all that moves, and Hea∣ven above the rest. Even so, ought the Architect of a Common-wealth to have a generall view of all affaires and studies, but a neerer and more curious insight into those of the Church.

* 1.123 Neither is the knowledge of Sacred things so intricate, as some would make it. Theology, saith Nazianzen, is a thing simple and naked, without any great Ar∣tifice, consisting of Divine Testimonies; which yet is depraved by some men, and turned into an art of very great difficulty. I speak of those things which are substan∣tiall points of Faith, and belong to the body of Religion; for there bee other things, partly Metaphysicall, partly Hi∣storicall, and also partly Grammaticall, which by Divines are often handled, with great contention and clamour. With these, it is not necessary, the mind of a King should bee over busied; no more than with the subtilties of the Law, where∣of the prime Titles are very needfull to be known. There is a kind of intempe∣rance in the desire of knowledge; and

the wisest man is he not that knowest most, but that knoweth what is most usefull. What the Apostle said to all, let the Highest Powers apply unto themselves, * 1.124 and be wise unto sobriety.

* 1.125 In whatsoever is expedient and suffi∣cient for them to know, the Divine ayde will not be wanting: which will easily supply the defect of time. One of the Antients said, He had learned more by praying, than by reading. God is not deaf to these prayers of the Church: * 1.126 Give the King thy Judgements, O God, and thy righ∣teousnesse to the Kings Son. * 1.127 Thou hast made me know thy secret wisdom, saith David. Sa∣lomon was very yong; he knew not how to direct his steps; the multitude of his subjects, the weight of his affairs sate hea∣vy on him; and who, saith he, can be able to Judge this so great people? Therefore he prayes God to give him an understan∣ding heart, that he might judge the people, * 1.128 and discern between good and evill. What answer doth God returne? Because thou hast not asked long life, nor riches, nor the life of thine enemies, but understanding to heare judgement: behold, I have done ac∣cording to thy words: behold, I have given thee a wise and an understanding heart. God and Nature, as they say, are not

wanting in necessaries. Wherefore, since Empires are ordained by God, and that especially for the safeguard of true Re∣ligion, what can be more agreeable to the Divine goodnesse, than to afford unto them that humbly pray for it, whatsoever is necessary to their Function? * 1.129 In the old Testament, God hath often endued the powers with the gift of Prophecy. In these last dayes He hath spoken to us by his Son * 1.130 In whom, God the Father hath open'd all his Connsell, concerning the Salvati∣on of men. After him, there are not more Masters now, * 1.131 but one is our Master, Christ, of whose fulnesse we have all re∣ceived. No new Revelation (as of old) is now requir'd, but only the promulgation of that which is revealed, Nor hath any man cause to complaine of Obscurity or Subtility, * 1.132 the word is nigh unto us, in our mouth and in our heart. This Doctrine is hid to none, whose eyes are not blinded by Satan. And therefore all are said, taught of God, all knowing God, Christ having in some sort fulfilled that desire of Moses, * 1.133 who wished than all the Lords people might be Prophets.

And if the understanding of the Gos∣pel be so easy and at hand to all Chri∣stians, among whom are so many rude

and busied, that get their living by perpe∣tuall labour of their hands; what is it that can exclude ••••ngs from a benefit so ge∣nerall? especially when the Apostle hath applyed that Universall, * 1.134 God would have all men to come to the knowledge of the truth, unto Kings especially. In this confidence, the Emperour Theodosius, being in the cause of Religion to pronounce judge∣ment between severall sects, in private implor'd the Divine help, and obtein'd it. Justinian obtein'd the same, in setting forth such a Confession of Faith, than which none of the Fathers or Bishops set forth any more full, or more luculent. Certainly, the things which are necessary to be believed and done, and those also, which though not necessary, are of any great moment in the Church, are but few in number, and very obvious, shining forth, first in the Sacred Scripture, and after∣ward in the perpetuall consent of more pure Antiquity. The rest can hardly put the Highest Power to any trouble: and yet, if any suddain difficulty and unex∣pected shall arise (which happens more oft in Secular, than in Sacred things) time may be taken and faithfull Counsels. Thus for of knowledge.

* 1.135 The other part, which we require in the Highest Power, is Piety. No vertue is more worthy of a King. Hence is it given in Precept to the King of the Hebrewes, to learn to fear God, and observe the words of his Law: to Joshua, not to depart from that praescript, either to the right hand, or the left. The same is often inculcated to the Kings by the Prophets. Two faults there are to be avoyded by the Highest Power: first; and above all, that greatest of spiritu∣all Maladies, Atheisme; Superstition next, which effeminates the mind, and over∣throwes all generous Counsells. 'Twill be a very good caution against both, to think often of that Apostolicall speech: The end of the Commandement is Charity, * 1.136 out of a pure heart, and a good conscience, and faith unfeigned; from which some ha∣ving erred, turn aside to vain jangling, willing to be teachers of the law, when they neither understand what they say, nor where∣of they affirm.

* 1.137 We have shewed what is requir'd in the Highest Powers, that they may rightly exercise the Right they have: But here we must not forget to observe, the distinction between the rightnesse of an action, and the firmnesse of it. For example; a Judge unskilfull of the Law, hath pronounced a

wrong sentence; the Judge hath: done amisse, yet is not the Sentence null, but un∣lesse an Appeale followes, it passes into a judged Case. A privare man, that is ma∣ster of his own estate, hath prodigally made away his goods, the alienation is va∣lid, although the act be vitious. If parents be harsher to their Children, Masters to their Servants, than is fit; they are in fault, yet is obedience due unto them. There be many cases of like nature. The reason is, because many things are requir'd to make the action right; it must proceed from an understanding well inform'd, and an ho∣nest purpose of mind; it must be done in due manner, and with fit circumstances. to make the action fume only one thing is needfull, that the Agent have a right to doe it. Now an act may be out of the A∣gents right, either absolutely, when the ef∣fect is unlawfull, by itself, or by reason of some Law; or relatively, when the effect is not under the Agents power and autho∣rity. Naturally, and the law Positive se∣cluded, no act can be frustrate, but whose effect hath either some viciousnesse annex∣ed, or else is beyond the Sphere of the A∣gents power. In the former respect, the command of a Father, Master, or King, is frustrate, when it enjoynes Idolatry, or

a bye: In the l••to••, the command is fruit strace of a Master to the, Servant of ano•• ther man, of a King to one that is not his Subject, of whomsoever over) actions ••••••egly internal such as have no relation to the outward. We conclude the refore, that the fault either in the understanding, of the ••••••••ction, makes not void an act of Authority; (but the Commands of the Highest Powers are valid still (being not contrary to Gods law) though they have not ••ue opinions of things Divine of senve not God alight.

* 1.138 Examples hereof are many. Pharaoh was wicked King; yet ducst not Gods own people goe forth beyond the bounds of Egypt for to Sacrifice, without his per∣mission: for although Sacrifice was by Di∣vine Command, and out of the royall Power, ••••t the place being undefin'd by God, was not exempted from the obedi∣ence they owed unto the King, Nebuchad∣nex••••, I think no man will affirme to have been throughly of the true Religion. His law of ••onowing the God of Israel was ••o••••osso••adid, than that other of wor∣shipping the Idol vain Cyrus and his Suc∣cessors, as Histories relate, were given to the worship of false Gods; yet, without their leave, might (not the) Hebrewes re∣build

the Temple, for the service of the true. And, although the godly chose rather to compose their controversies a∣mong themselves, yet being called before heathen Judges, they acknowledged their Power, and by necessity of the times were oft compell'd to implore it: knowing, that the right of judging might belong even to them, that were, of themselves, unfit to give right judgement. The controversie about the Temple of Jerusalem, and that of Garizin, was debated and determined between the Jews and Samaritans, Ptolomy King of Egypt being judge; for although the King did not himself adhere to the Mo∣saicall ordinances, yet was he able to judge, and he did rightly judge, which Temple of the two, which Worship and Priesthood, was agreeable to that Law, by which, it was confest, the judgement between the parties should be giv'n. * 1.139 Felix was a wicked man; but being the Vicegerent of the Ro∣man Emperour, Paul is accus'd before him by Tertullus; many crimes are objected to him, and among the rest, that he was Prince of the Sect of the Nazarenes. He denies the rest, this he confesseth, that he worshipt God, after that way which they calld a Sect, or Heresie. The Question is, whether this be a Crime: and one of the

particulars to be enquired of, is concerning the Resurrection of the dead, a principall point of faith. The same Controversie being after brought before Festus, Paul ac∣knowledged his Right to judge: Here, saith he, I ought to be judged. And, fearing the Judges partiality, He appeales to Caesar, the Highest Judge; before whom he pleaded, not his own cause onely, but the Gospels. For the Question was, whether to preach the Gospell were a Crime Paul denies, upon this ground, because the Gospell was a true and saving doctrine. In this cause, the worst of Princes is acknowledged for Im∣periall Judge by the best Apostle. And, if according to his duty he had acquitted Paul, (as many think he did at the first Hearing) his Sentence had been firm, and had cleerly given the Apostle a Right a∣gainst the Jewes. But having condemned him, and in him the Gospel, the Sentence was null and frustrate; that is, it could not bind Paul to cease his Preaching; yet was it firm, so far, as to bind him from resist∣ing the Prince imposing penalty. Justin Mar••yr, and other most learned of the Christians, presented their Apologies to Emperours not Christians, to the end they might approve the verity of the Christian faith to those Judges. For, although a man

regenerated by the Spirit of God is the fit∣test Judge of Spirituall things; * 1.140 yet, that the gift of illumination, which respects the understanding (wherein the Judge∣ment is) is given also to many unregene∣rate, no man hitherto hath denyed. Nei∣ther hath any man here heretofore reprehended Austin for these words, extant in that book, wherein with much pains he defend∣eth Grace: * 1.141 Certainly some men have in them naturally a divine gift of understand∣ing, whereby they are mov'd to believe, if they heare words, or see signes, that are con∣gruon, to their mindes. And truly, how can it be said, that none but true believers can have a true judgement concerning Sacred things, when as the Faith if self cannot be embraced, but by judgement? Wherefore 'tis said to all, Search the Scriptures: * 1.142 and they of Beraea are commended, that having heard Paul and Silas preach, * 1.143 they searched the Scriptures, whether those things were so. This could not be done without judge∣ment; as the Syrian Interpreter hath well exprest the sense, Judging out of the Scrip∣ture. If then They, * 1.144 that doe not yet be∣lieve, have some right to judge, private men for their private acts, and the Powers for publick; much lesse is it fit to ex∣clude from judging, such as having given

assent unto the true doctrine, by some in∣firmity of their mind doe yet abstain from participation of the Sacraments; for Constantine the Emperour, before he was Baptiz'd, did with the approbation and praise of the Bishops, make Lawes concer∣ning Religion, call Synods, give sentence in the Synod and after, sate as Judge be∣tween the Catholicks and the party of Do∣natus. And Valentinian, after he had en∣acted many Lawes about Sacred things, departed this life without Baptisme. * 1.145 Much lesse yet, may the Highest Powers be de∣prived of this Judgement, upon this pre∣tence, that they have not skill in all those things which are wont to be disputed by Divines. If this reason prevail, how many Pastors, honest and faithfull, but not of learning enough to be Doctors, must be denyed to judge? And, by that reason, Lawyers might intrude into the Seat of ci∣vill Judges, because they are more skilfull in the Law; and the Judges in City and Country, concerning Wills, and Con∣tracts, and such like things, are rather good men, than good Lawyers. Adde further, that in the Case of Homicide, it is his part to judge, that hath not learned Physick, what wound is mortall, what is not: and whether a child may be born in the ele∣venth

month, and many things of like sort. Whence it appeareth, the fitnesse and ability of judging ought not to be confoun∣ded with the right of judgement, which is publick and Imperative. He that is most fit hath not alwaies the right; and he that is unfit, doth not lose it. I conclude this with Plato's saying; Happy are the Com∣monwealths, wherein either Philosophers are Kings, or the Kings given to Philoso∣phy. Yet may not the Philosopher invade the Royall throne, nor the King be thrust out of it, that is no Philosopher.

* 1.146 It is objected, The spirits of the Prophets are subject to the Prophets. Many of the antients both Greek and Latine, * 1.147 under∣stand St. Pauls meaning to bee this; They that are inspir'd with Prophecy must not all speak to the people at once, but one expect the ending of the others speech; for they are not like the possessed, transported by the inspiration, but so far Masters of it, that they may use the gift of God without consusion, and in that order, wherewith God is best pleas'd, and his people edified. There is no cause to reject this Interpretation, which the se∣ries of the Apostles discourse so fairly admits. The other Interpretation, that the Prophets ought to suffer other Prophets

to judge of their Prophecies, is not per∣tinent here. For first, seeing that sin∣gular gift of Prophecy, as of healing, and tongues, was marvellously ordeined by God for the beginnings of the Church, and is long since expired, it cannot be ap∣plyed by way of argument unto our times. And, grant you may compare unto that admirable gift (manifested also by the prediction of things to come) the Theo∣logical skill, * 1.148 what ere it be, acquir'd by Humane labour; yet will not they ob∣teine their desire, who would have all Pastors, and them alone, to be knowing in Theology; for there are many Pastors not very expert; and some that are not Pastors are of good skill in things Di∣vine. Lastly, there being divers kinds of judgement, as hath bin spoken, the e∣stablishment of one is not the destruction of the other. The same disease or wound fals under the judgement of the Physician, and of the Judge, if it come in question before him, and of the sick man himself. And, when the Prophets judged in the A∣postolicall Church, it was said to every Christian, * 1.149 Try the spirits: yea, St. John layes down a Rule, by which every one of the faithfull might discerne the Spirit of God from the Spirit of Antichrist. Where∣unto

answers that of Paul to the Thessa∣lonians: * 1.150 Quench not the Spirit: Despise not prophecyings: Try all things, hold fast that which is best. But without all que∣stion, this Tryall and distinction of things is an act of judgement. And in that place of the Apostle, * 1.151 Let the Prophets speake two or three, and let the other judge; the most antient Fathers by the word, other, understand not the other Prophets only, but all the people: not without great rea∣son; when as elsewhere the discerning of Spirits is, * 1.152 by the same Apostle, distinguisht from the gift of Prophecy. Whence it appears, he meant either some gift Com∣mon unto Christians (for Faith also is numbred among the Gifts, distinct from the gift of miracles) or a certaine excel∣lent faculty to judge of Prophecies, where with some, that were not Prophets, were endued. * 1.153 The Apostle Paul himself bids the Corinthians judge what he saith. And the Holy Fathers often appele unto the judgement of all the people. * 1.154 So Ambroses Let the people judge, in whose heart is writ the Law Divine. All this we have al∣leg'd, to manifest that the judgement of things Sacred, and of the holy doctrine, did at no time belong to the Prophets only.

* 1.155 Whence also it may be understood, how poore their Evasion is, who reply to the Arguments out of the old Testa∣ment, and say, the things there done by Kings were not done by them as Kings, but as Prophets. For, if by the name of Prophet, they meane, some speciall Man∣date of God was given them; this is, where the Scripture is silent, a meer di∣vination, so far from certaine, that 'tis not probable. What need any speciall Mandate, when the Law was extant, un∣lesse perhaps to incite the negligent? but, if by Prophecy they meane a clearer un∣derstanding of the Divine will, proposed but darkly in those, times; we easily con∣fesse, they did as Prophets (since they would have us say so) know more cer∣tainly what was to bee commanded by them; but they commanded as Kings. And for that cause, the Scripture in the narration of those affairs, not content with the proper name, added the name of King; to signify, the Right of doing proceeded from the Authority Royall: and there∣fore to be imitated by Kings. Where∣fore, letus also say, when Christian Kings give Commandements about Sacred matters, they have the Right to doe so, as they are Kings; the skill, as Christians,

as taught of God, having the Divine Law inscribed on their hearts in a clearer Print than those antient Kings and Prophets; For many Kings and Prophets (saith Christ to his Disciples) have desired to see the things that ye see, * 1.156 and have not seen them; and to heare the things that ye heare, but they have not heard them.

CHAP. VI.

Of the manner of rightly exercising Autho∣rity about Sacred things.

* 1.157 WE distinguish the Right of the Highest Powers, and the manner of Using their right; for 'tis one thing to invade that which is belonging to another, and an other thing to use improvidently that which is ones own. So great is the variety of things, times, places, persons, that we might here make a long discourse, but we shall briefly collect what may suf∣fice for our purpose.

* 1.158 First then, it behooves him that hath the Supreme Authority, both in the in∣quisition of that which is by Law Divine determined either to be believ'd or done, and in consultation about what is profi∣table for the Church, to lend a willing

care to the judgement of eminent Pastors, for their piety and learning. That this is to be done in doubtfull matters, reason and common sense demonstrates; for one man cannot see, nor heare all things; therefore said the Persians, A King must borrow the eyes and ears of other men. By the Commerce and Society of wise men, Princes become wise. Which sayings if they are true in secular affairs, how much more in Sacred, where the errour is most dangerous. For the proof hereof we need not allege examples: it will be more worth our pains, to consider how far the judgement of the Supreme Governour may and ought to acquiesce and rest in the judgement of Pastors.

* 1.159 We must note therefore, that all Hu∣mane judgement is founded either upon internall principles, or upon Externall; the Internall are either objected to the sense, or to the understanding: by the former, we judge the Snow to be white, by the later, we judge Mathematicall Pro∣positions to be true, because they are re∣duced to common notions. The Externall principle is Authority or the judgement of another; and that is either Divine or Humane: no man doubteth but that in all things he must acquiesce to Divine Au∣thority;

thority; so Abraham judged it to be his duty to offer his Son; So Noah believed the Floud would come. But, to Humane Authority no man is bound to acquiesce, unlesse he can find no way to fix his judge∣ment upon Divine Authority, or upon some Internall principle. Yet may we ac∣quiesce thereto in all things, the search whereof is not commanded us. So the sick man doth well, if he take a Medi∣cine preserib'd by a Physician of good fame; yea, being in perill of death, he is bound to follow the Counsell of Physi∣cians, if himself be not of that wit and skil, to make a certaine judgement upon prin∣ciples of nature. * 1.160 As to Divine Autho∣rity, God reveales some things, and pro∣poses them himself, other things, He re∣veales himself, and proposes to men by others, as by Angels, Prophets, Apostles. Whensoever the thing is propos'd by o∣thers, before the mind can fully rest, it is necessary we be assur'd, the Proposer can neither be deceiv'd, nor deceive, in the thing that is proposed. This assurance we obtaine, either by some other Divine Re∣velation, as Gornelius concerning Peter, Paul concerning Ananias: or else by signs of Divine Power, yeilding undoubted te∣stimony to the Veracity of the Proposer.

That wee must acquiesce to every Proposition thus made, no Christian doubteth.

* 1.161 But between the more subtile of the Romanists, and those of the Evangelicall Church, this is the true state of the Que∣stion: Whether since the age of the Apostles, there be any visible Person, or Company, all whose Propositions we may, and ought to receive, as undoubted truths. The Evan∣gelics deny, the Romanists affirme. Hither is also brought this great contro∣versy of Government in Sacred things; for the Romanists doe not deny Kings to Governe; this Hart granted to Renolds: they doe not deny all Government to proceed from the judgment of the Go∣vernour; this Suarez plainly affirmes. Neither doe the Evangelics deny the judgement of Kings; as well as of pri∣vate men, to be determined by Divine Oracle, if there be any such, if there be any Prophets that cannot erre: for all men are under God: but, whether there be any such since the Apostles, thats the Question; and that at last is reduced only to the Pope; for that single Pastors, Kings also, and private men, Synods Provinciall, Nationall, Patriarchall, and even they that were gather'd out of all the Roman

world, are fallible, and have been in errour, no man can deny.

Wherefore, supposing that which is most true, and which some of the Romanists doe grant concerning the Pope himself, That every man in the world is subject unto errour, (for any thing that we know,) yea, every Congregation also, that is visible: let us see how farre one is bound to follow the judgment of another that is thus fal∣lible.

* 1.162 First we say, no man is bound to follow anothers Directive judgment universally. Chrysostom of old hath said the same: How absurd is it, in all things to be sway'd by the sentence of other men? For, possibly wee may be certain, either by internall Princi∣ples, or by Divine Authority, the judge∣ment of sentence is, false. That any pri∣vate man, grounding his sentence upon the Gospell, is to be believed before the Pope, is confess'd by Panormitan and Gerson. And the pious Bishops who had learned out of the Gospell, that the Word is God, and God only One, did well in not giving place to the judgement of the Synod at Ariminum. Moreover, even when the mind doth not plainly witnesse the contrary, yet is no man bound precisely to follow anothers Dire∣ctive judgment: because it is lawfull for

him to enquire and try, whether himselfe be able to aime at the knowledge of the Truth. Then he is bound to follow, when by defect either of wit or time, or by other businesse, he is diverted from that inquiry. So the Lawyers teach, that a Judge is not tyed to the judgment of a Physician in the question of a wound; or of a Survey or in limining the bounds, or of an Arithme∣tician in taking of Accounts; but that him∣self, upon diligent consideration of the matter, may decree that which he concei∣veth most agreeable to truth and equity. But further, * 1.163 in the case of saving faith, no man can safely acquiesce to the judgement of another. The reason is, not only be∣cause matters of faith are plainly and open∣ly propos'd unto all, (so that Clemens of Alexandria calls it a vain pretext, taken from severall interpretations, for they that will, saith he, may find out the Truth:) but chiefly, because that faith is not faith, unlesse it rest upon Divine Authority, as the Romanists themselves confesse. Abra∣ham believed God, * 1.164 and it was accounted un∣to him for righteousnesse: Also, Faith comes by hearing, and hearing by the word of God. Wherefore, although men may be led unto the faith by others, * 1.165 as the Samaritans by that woman, yet then are they only

right believers, when they believe not for the words of another, but because themselves have heard, and doe know, that Jesus is the Saviour of the world. What hath been spoken of faith, is no lesse true of Divine worship: for, in vain, saith God, * 1.166 doe they worship me, teaching for doctrines the Com∣mandements of men. And Paul commends the Thessalonians, * 1.167 that they received his word not as the word of man, but as indeed it was, the word of God. We conclude then, that in the things defined by Divine Law, either way, no man is bound by anothers Declarative judgment (which is one kind of the Directive) nor can his conscience safely rest therein.

* 1.168 In the other kind of Directive judge∣ment, which we here called Suasory, be∣cause it is conversant about things not de∣termined by Divine Law, more may be gi∣ven to the Authority of another, yet not too much. For, as we doe not praise them that are too stiffe in their own opinions; so neither them, that are too easily drawn by other mens. And herein consisteth the dif∣ference between Counsell and Command, that commands, not contrary to the Law of God, lay upon us an obligation, which Counsels doe not. He that giveth counsell, (saith Chrysostom) speaks his own opinion,

leaving the hearer at liberty to doe as it shall please him.

* 1.169 Now, if the opinions of Counsellours (which must be weighed rather than num∣bred) doe not agree, there especially ought the Supreme Governour to inter∣pose his own Judgement. And truly, in the knowledge of private right, in Physick, Merchandise and such like things, it is not only excusable, but often-times comenda∣ble for the Highest Power to be ignorant, by reason of greater and better cares. But, to neglect the knowledge how to rule the Church, than which no knowledge is more excellent, none of more importance to the Common-wealth, this at no hand is law∣full. Those that have eased themselves of this duty, and cast it upon others, wee find by Histories to have been circumvented by men, and punisht by God; and either to have lost their kingdomes, or else being deprived of the Power, to have reserved only the name and shadow of King's.

The Objections out of the Old Testa∣ment, to prove that Kings are bound to follow the Pastors judgement in Sacred things, * 1.170 doe evince nothing lesse. To the first place Deut. 17. where the Israclites are commanded to doe according to the sen∣tence 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. * 1.171 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 know∣ing 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 declarati∣on or opinion of the Lawyers. Pertinent is that in the Gospell: * 1.172 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 Mo∣ses sitting in his chayr hath taught, they must be heard. Only so farre; for the Tea∣chers rashnesse will not excuse the over∣credulous

Scholer. That which followes in Deut. * 1.173 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 Go∣vernment, as elsewhere we have demon∣strated; wherfore this concerns the Priests of the Old Testament, as they were Magi∣strates, and cannot be extended to the Mi∣nisters of the Gospel.

* 1.174 There is another place, wherein some do much glory. Num. 27.21. God speaks of Joshua in this manner; He shall stand be∣fore Eleazar the Priest, who shall ask coun∣sell 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 suc∣ceed happily, the precious stones would sparkle with a heavenly lustre: if other∣wise,

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 be∣fore the Priest, unlesse Urim were consul∣ted; whereby it appears, the honour was done to the Oracle, not the Priest; and ac∣cording 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 Pa∣stors only, but all Christian hearts, being that saving Grace which hath appeared unto all men. * 1.175 But enough of this first admoni∣tion, That the Highest Power ought, in matters of the Church, to hear and exa∣mine the opinions of Church-men.

* 1.176 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, * 1.177 shall men know that yee are my Dis∣ciples, if ye love one another. And it was the Divine character of the Primitive Christians, * 1.178 The multitude of believers was of one heart and soul. Nor had Constantine, and after him the other Christian Empe∣rours any greater care, than to prevent or heale the dissentions of the Church. Ju∣lian 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.

* 1.179 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 Sal∣vation, or very profitable to that end, 'Tis Nazianzen's advice, Enquire not cu∣riously 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 Con∣stantinople, 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 Es∣sence; in explaining the manner of diffe∣rence between the Essence and Hypostasis, they were not sollicitous. The Bishops at Ephesus, and Chalcedon, and the Empe∣rours 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 pre∣destination, and about the manner of re∣conciling 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 ex∣hibited 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 very few are to be defined, the necessary with Anathema the rest without: as it was done in the Sy∣node of Orange: and there are in the an∣tient Counsell of Carthage these words to the same purpose; It remains that we speak our opinion in this controversy, judging no man, nor separating him from our Com∣munion if he think otherwise.

* 1.180 But in those first ages, it was very avail∣able to the keeping of peace in the Ca∣tholick Church, that no Dogmaticall de∣finitions were wont to be made but in Generall Councils; or if any were made in lesser Synods, they were not firme un∣till they were sent to other Churches and approved by common judgement. Which

custome, if the Rulers in the Christian world would now revive, they could not doe the Church a greater benefit; for in those remedies, which Physicians call topicall, is little help, nor can the unity of the parts be hoped for, but from the unity of the whole body. I cannot forbeare to praise that excellent Canon of England, An. 1571. Let Preachers take heed of Preaching any thing to the people, as a ne∣cessary point of Faith, but what is agreeable to the doctrine of the old or new Testament: and which the Catholic Fathers and anti∣ent Bishops have collected thence.

What hath been said of things to be believ'd, must be understood also of things, by the Divine Law, appointed to be done; but of these, the controversies are not so many. In both kinds, for the reteining of concord, it will be needfull to make the people understand, that all things enjoyned are agreeable to Gods word. That which Seneca saith against preambles, Let the Law command not dis∣pute; * 1.181 may have place in things meerly Arbitrary (yet in such Laws we see the reason of them given at large by Justi∣nian and others, in the Code and Novell Constitutions) but in things that are to be perform'd religiously, the severity of

the Injunction is to be mollifyed by the gentlenesse of persuasion. So Plato hath given in precept, and Charondas and other Law-givers have shewed us by example. And certainly as Governments are made firme by the willingnesse of people in all things, so most of all in the businesse of Religion. For, saith Lactantius, Nothing is so voluntary as Religion; which without the wils consent is nothing. And people that are compell'd by Law to serve God, serve not God but the Prince, Themistius. Here then is required the greatest care and pains, that the major part of the peo∣ple, being convinc'd by divine Testimo∣ny, may know the things commanded, to be according to truth and piety. I say, the major part; sor we may rather wish, than hope for an universall consent; but for the ignorance or malice of a few the care of truth and peace is not to be deserted. Yet here must be shewed tendernesse and discretion, that they who resist both the Divine and Humane Ordinance, may be rather withheld from doing ill, than com∣pell'd to doe good: as Austin hath long agoe judiciously distinguisht in this matter. * 1.182

Now we goe on to the things not de∣termined by Divine Law, such as are many things belonging to Church Go∣vernment,

to Rites & Ceremonies. Where∣in, if the matter be fresh and easy to be wrought, it were safest to restore all things to the times next the Apostles, and to ob∣serve what was then observed, with great consent, and no lesse benefit of the Church, For the most antient Constitutions are the best. Yet there must be a respect had to the present things, and a respect to the places too: Wisely saith Jerom: In things neither contrary to Faith nor manners, let the cu∣stoms of our Country be as Canons Apostoli∣call. Austin and others have words of the same sense. And variety here is of good use, serving for a Testimony of Christian Li∣berty. See the History of Socrates. 1.5. c. 22. Verily, if in this nature there be any thing that may be better'd, yet is tolerable and of long continuance, 'tis wisdome to let it still continue; unlesse the change may be made upon a handsome occasion, and with fa∣vourable assent. The change of a custome, saith Augustin, doth as much disturbe as prosit. But in these things, wherein Gods word hath left a liberty, the Highest Power shall doe well to content the people. So in Secular matters we see that Cities and Companies that have no jurisdiction, have leave to make certaine orders for themselves; which the Highest Power,

after examination past upon them, ap∣proves and ratifies.

* 1.183 One thing more we will not omit, which perteins also to the manner of using the Right we treat of: The Highest Power ought to use not only the advise, but service of other men: and therefore particular af∣fairs, lest the multitude of them oppresse the mind of one, are to be put off to Courts ordained one above another, and the last appeal to be made to the Highest Judgement. So in the antient Church under the Christian Emperours there were Presbyteries in Cities, there were Synods Metropolitan, and Exarchicall, and, above all the rest, Imperiall; but of this we shall speak againe hereafter.

All that we have said here, of asking Counsell, of contenting the people, of inferiour Courts, and whatsoever may be added, ought not to be esteem'd per∣petuall, and alwaies profitable; for no prudentiall precepts are universall; * 1.184 because prudence must have regard to emergent circumstances, Times, Places, Persons, make a great alteration here. When the matter is clear, there is no need of Coun∣sell: when dissentions are hot and vehe∣ment, there is little hope of Consent; neither can the proceeding be by degrees,

when either the matter will not admit delay, or the Lower Courts are suspected of injustice, by reason of hatred, or fa∣vour, or other impediments of upright dealing. In such cases, when the ordinary course cannot be observ'd, advise must be taken of necessity.

* 1.185 By the way we must note their errour, that distinguish of power absolute and or∣dinary; for they confound the power, and the manner of using it. As in God the power is one and the same, whether he work according to the order appoin∣ted by him, or beside that order: so the power also, or the right of the Supreme Governour is the same, whether he ob∣serve the prescribed order, or not; but, in common accidents, it is the part of a wise Ruler to follow the accustomed or∣der, and the Positive Laws. Laws are made for ordinary cases: * 1.186 in cases extra∣ordinary the Highest Power must leave the road and take some unusuall way; for cases are infinite, order and Law Positive finite, and the finite cannot be an adequate Rule of the infinite. * 1.187 But although it be the Duty of the Highest Governour in usual affairs to use the ordinary way of Go∣vernment; yet if he doe otherwise, he may indeed be said to doe not rightly, but not to

go beyond his Right. The right of the high∣est Power is not limited by Positive Law; for the Right of any man is not limited but by his Superiour; and no man is Su∣periour to himself. Hence also Austin said, The Emperour is not subject to his own Laws, for 'tis in his power to make new; and Justinian, * 1.188 In all things before spoken, the Emperour is excepted: to whom God hath made the Laws themselves to be sub∣ject. If then the Question be proposed, whether it be lawfull for the Highest Pow∣er in common accidents to exceed the bounds of Law: the Answer may be gi∣ven in the words of Paul the Apostle, * 1.189 It is lawfull, but not expedient: or in the words of Paul the Lawyer, * 1.190 It is lawfull, but 'tis not for his honour. It becomes your wisdome, saith Cicero, to consider not how much you may doe, * 1.191 but what you ought to doe: and every where in good Authors, to that which is lawfull, is opposed that which is a duty, that which is expedient, that which is honest, that which is best to be done. Lastly, that which is said above, hath place here also: Though the action hath not full rectitude, if Right be not wan∣ting, the Act is firme; for suppose an un∣wise command, suppose a disorderly com∣mand come from the Highest Power, it

must be fulfill'd, if it may be, without sin: for the Apostles word is still of force; We must needs be subject. To him hath God allotted Supreme Authority, to us is left the glory of Obedience.

CHAP. VII.

Of Synods.

THis place requires, * 1.192 that we treat of Sy∣nods. By Synods we mean Assemblies consisting of Church-Pastors alone, or chiefly of them, for the acting of some∣what by common consent; for if Pastors be call'd together to hear commands, that Assembly I suppose is not call'd a Synod. The utility of these Synods being evident, it is enquired, what Original they have, and what necessity.

* 1.193 I find no Precept in the Law Divine for having of a Synod, and they are much de∣ceiv'd that make Examples of equall force with Precepts. Yet are Examples of great use, that it may appear, what hath been u∣suall, and what in the like cases may be prudently imitated. We have no Exam∣ples of these Synods out of the Old Te∣stament; for a Synedry is one thing, and a Synod another. In the New Testament we

have a Law for Believers to meet for pray∣er, and hearing the Word, and breaking of bread. The offended brother is bid to tell it to the Church; that is, to the Assembly of the faithfull, and it is added, Where two or three doe joyn in prayer, and where two or three are met together in the name of Christ, Christ will be present with them. And Paul saith, The spirits of the Prophets are subject to the Prophets, speaking of one Church or Congregation. * 1.194 Here is no Synod yet. The Originall whereof is wont to be taken from that History, Acts 15. but whether that Assembly be properly call'd a Synod, as we now take the word, may be made a Question. There arose a Controversie be∣tween Paul and Barnabas, and certain Jewes at Antioch, concerning the force and efficacy of the Mosaicall Law. Paul and Barnabas, and some of Antioch, are sent to know the judgement of the Pastors; of all Asia ? or, of Syria, Cilicia, and Judoea, gathered into one place: no certainly: but of the Apostles and Elders at Jerusalem. * 1.195 The company of the Apostles was a Col∣lege, not a Synod, and the Presbytery or Eldership of one City was not a Synod neither. Only one Church is consulted with, or rather the Apostles only, whose Answer is approved by the Elders and Brethren of Jerusalem.

* 1.196 Wherefore we derive the originall of Synods from the Law of Nature. Man be∣ing a sociable creature, his nature permits association especially with them, to whom either any contemplation, or action is com∣mon. So Merchants for Traffick, Physi∣cians and Lawyers to examine the contro∣versies in their Art, hold their meetings by the Law of Nature. But to avoid mistake, we distinguish between that which is natu∣rall absolutely, and cannot be altered, as to worship God, to honour our Parents, not to hurt the innocent: and naturall after a sort, that is, permitted or allowed by Na∣ture, untill some Law of man interpose; thus all things are by Nature common, all persons free, the next of kin is heir, untill by humane Constitutions propriety, and servitude be introduced, and the Inheri∣tance given away by Will. * 1.197 In this second acception, it is naturall to hold Synods; for, if it were so in the former sense, Bi∣shops would never have asked the Empe∣perours leave, before they met; and Je∣rom's argument, to prove a Synod unlaw∣full, were not good; Shew me, saith he, what Emperour commanded the celebration of that Council. The convention therefore of a Synod is in the number of those things, which being permitted by the Law

of Nature, are wont to be commanded by humane Law, or permitted, or prohibited. So in the Council of Agatha, the Bishops summoned to the Synod are desir'd to come, unlesse they be hindred by sicknesse, or the royall Precept.

* 1.198 It may be objected, that leave to gather a Synod, was never asked of the Pagan Emperours. But we say, there was no need to ask leave, when there were no Imperiall Edicts against it. As for the antient De∣crees of Senate against meetings, religious meetings were excepted in them, and par∣ticularly the Jewes (as Philo relates it) had leave of Augustus to assemble. In whose privileges the Christians might justly claim a share, * 1.199 believing all things that are written in the Law and the Prophets. And Suetonius, under the name of Jewes, de∣signes the Christians too. Besides, in the places where most of the Synods were held, though subject to the Roman Em∣pire, they had the benefit of their own Lawes. Wherefore, if at any time the Churches enjoyed Peace, which often hap∣pened under Pagan Emperours, the Bishops had no hindrance, but they might meet in Synods. But in the heat of Persecution, as the Christians could not intermit Church-meetings, although forbidden by humane

Lawes, because they were commanded by Divine; So the Bishops were carefull, not to incurre the suspition and hatred of the Rulers by Synodicall Assemblies, so long as the Church could subsist without them. Cyprian shewes in severall places, when under persecution there arose a great Que∣stion about receiving the lapsed into Com∣munion, and to the deciding of it there was need of Common-Counsell, neverthelesse the Bishops deferred their meeting till the storme was past: neither durst the Bishop of Rome, Liberius, without the consent of Constantius call a Synod. The orthodox Bishop of Spain assembled not into the Ci∣ty of Agatha, without the permission of King Alaric, although an Arian.

* 1.200 What the Pagan Emperours had no re∣gard of, that the Christian Emperours justly assumed to their care and govern∣ment, well considering, the corruption of anything to be so much the worse, by how much better it is, in the regular use. After that, Synods were not left in medio, but as they gave hope of good, or fear of evill, so they were either commanded or forbid∣den. Therefore Socrates the Historian saith, The greatest Synods were holden according to the Emperours pleasure. This is spoken of generall Synods in the Roman Empire;

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But Constantine called also Topical, where∣of Eusebius speaks; Having speciall care of the Church, when discords arose in sundry places, The Emperour himself, being ap∣pointed by God, the common Bishop or Over∣seer, commanded the Ministers of God to assemble in Councils. After the Acts of the Nicene Councill were confirmed by the same Constantine, the generall Law of Sy∣nods to be holden twice every year, sup∣plyed the place of speciall consent. In stead of half-year Synods, in some places they had annual. Nor was the Assembly at the pleasure of the Bishops, but the Go∣vernours of Provinces had a charge given them, to make the Bishops, though they should decline it, to meet together in Sy∣nods: and beside those at set times, other Synods also were holden out of order, at command of the Highest Power.

* 1.201 But there are three principall Contro∣versies concerning the Highest Powers right and office about Synods. First, whe∣ther it be lawfull for the Highest Power to command any thing in Sacred affaires without a Synod; Second, what is lawfull for him, and what he ought to doe before the Synod, and in the Synod; Third, what after the Synod.

For the resolution of the first Question,

we must conceive, * 1.202 whatsoever is said very justly of the exceeding great commodities of Synods, belongs to the manner of using the Right of Empire, not to the Right it self. For if the Highest Power should re∣ceive from the Synod any right of Go∣verning, it were not then the Highest: The Highest being that which is subject un∣to God alone, and under God hath the fullest right of governing. Again, if the Highest Power without a Synod could not command that, which it might command with a Synod, then should it receive part of the right of governing from the Synod: and then, because none can give what he hath not, it would follow, that somewhat of the Government were in the Synod; which the Synod, not having by any Hu∣mane right, must challenge by Divine right; whereas the Divine Law denies any such Power to have been given by God un∣to the Church, (as hath been shewed a∣bove,) and therefore not to Synods. The Right being thus confirmed, we make no scruple to affirme, That the Highest Power may sometimes rightly order Sacred things without a Synod: They that universally hold it unlawfull, * 1.203 will never prove what they say: but we shall easily. For there are extant many examples of the Hebrew

Kings, that without a Synod gave com∣mands in Sacred matters.

Whether the Church declare or not, even before the Churches declaration the Kings duty is to reform what is amisse, and for neglect thereof he must give account to God. Eminent among the Christian Emperours is the example of Theodosius. He sate as Arbitratour between severall Factions of the Bishops, he gives every one the hearing, he reads their (confessi∣ons, and after prayers to God for his dire∣ction, he gives his judgement, and pro∣nounceth his sentence for the Truth. To omit other examples; The Kings and o∣ther Highest Powers, which in the memo∣ry of our fathers have purged their Chur∣ches from inveterate errours, have done ac∣cording to the pattern of those antient Kings and Emperours: as elsewhere we have shewed. True it is, and they are com∣mended for their diligence that have ob∣serv'd it, there were such circumstances in those actions, by reason whereof that course was taken, and no other could serve the turn. And we acknowledge that course to have been extraordinary, and more sel∣dome taken: but (as before) we say, The manner of doing being divers with regard to times and persons, changeth not the

right; but floweth from it according to the rules of prudence; Nor doth any one af∣firm, a Synod is to be omitted without cause, but that sometimes there may be causes for the omission of it.

These causes may be referr'd to two heads; either because a Synod is not ne∣cessary, or because it appears it will be un∣profitable. That both may be the better understood, we must note the Ends of a Synod in a publick Church; for of this we speak. We have proved already, that a Synod is not called, as if it had any part of the Government belonging to it. * 1.204 The end therefore is, that it may give Counsell to the Prince for the advancement of Truth and Piety, that is, goe before him by a di∣rective Judgement. Another end is, that by the Synod the Consent of the Church may be setled and made known. So, al∣though the Apostles severally had both knowledge and authority to define the con∣troversie of Mosaicall Ceremonies, it was 01 for the Churches good, that it should ap∣pear, they were all of one mind, and that the pious people should be taught to under∣stand the truth rightly, and to make unani∣mous confession of it. A third end may be added to the former: as Presbyteries in a publick Church, so Synods, beside their

native, have an adventions right from Hu∣man Law: whereby they judge of Causes, as other Courts ordained by the Highest Power; and so, that upon their sentence coaction followes. But now, of all these ends none is necessary, nor is a Synod sim∣ply necessary to those ends. Counsell is not necessary in things manifest to any one by naturall or supernaturall Light; For as Aristotle said well, Wee make use of Coun∣sellours in great matters, when we distrust our selves, as unable without the help of others to discern the Truth. Who doubts, but the man that denies God, or his Provi∣dence, or his Judgement after this life; the man that makes God the proper author of all sins; the man that denies the Deity of Christ, or the Redemption wrought by him; I say, who doubts, but a man so pro∣phane, may be put out of office, or out of the Common-wealth, by the command of the Highest Power, without the advise of many Counsellours. Again, the Highest Power may have such assurance out of some former Synod, that he need not call a new one. Therefore a Synod is not ne∣cessary, to the end sufficient Counsell may be had. And as for consent of the Church to be enquir'd or constituted, 'tis in vain sometimes to take any pains about it, when

the Church is manifestly divided two wayes, the parties and their heat being well night equall, as in the Donatists time it happen'd in Africa. Sometimes also, the consent of the Church may be known without a Synod: if there be extant the unanimons writings of almost all the ap∣proved Doctors in their Churches. Be sides, every one in private may either by voice or writing declare his opinion, which Austin saith was done in his time, and commends it. And he that peruseth antient story shall find the Churches affaires more often transacted, and consent testified by communication of Letters, than by Synods: as is observed by Bilson, Reynolds, and the Magdeburgenses. And lastly, it may be the Cause in hand is so peculiar to one Church, that the consent of others is not needfull. Now for the third end of Synods, the hea∣ring of Causes, it depends upon the will of the Highest Power, from whose Authori∣ty it proceeds; although in the ordinary way, inferiour Courts are not past by, yet if those Courts be liable to some suspi∣tion, or the businesse will not bear delay, the Highest Power may call it from them to himself. We conclude therefore, that which Whitaker and others have written before, and the example of Free Cities,

that without a Synod preserve their Chur∣ches, doe confirm: A Synod is not at all times necessary, nor in every case.

* 1.205 So far from necessary sometimes, that it is not profitable; for as the parts are, such is the whole. I will not here repeat the old complaint almost of all ages, that the chiefest distempers of the Church have proceeded from the Priests. Nazianzen hath said enough, where he also renders the principall causes thereof, the Ambition and Pride of Church-men; nor doth hee speak of Arian Synods only, but of all of his time, those especially wherein himself was present: Therefore, saith he, have I withdrawn my self, and sought for security of mind in rest and solitude. This evill will happen if it appear, either that the integri∣ty of judgement is hindred by vehement prejudices, (which often befalls men, not malitious:) or that factions are so preva∣lent, that a farther branch may rather bee expected from the Synod, than any testi∣mony of consent. I much wonder, what came in some mens minds, when they said, They that accuse another of impiety, * 1.206 may be his Judges also in a Synod; and, that the Right of refusing, which hath place in civill affans, cannot be extended to Eccle∣siasticall. For certainly, the common

Rules, which arise out of naturall equity, ought to be of force, no lesse in Ecclesia∣sticall than other judgements; and I re∣member Optatus speaking properly of the Ecclesiasticall, saith, Judges must be sought, which are not of either party, because judge∣ment is hindred by affection. In the Coun∣cill of Chalcedon, the Judges charge the Legats of the Roman B. they should put off the Judges person, if they would be the accusers of Dioscorus; And Athanasius would not come unto the Synods, wherein 'twas manifest the adverse party raigned. Such is often the face of things, * 1.207 that a Sy∣nod may be hurtfull at the present, which if you stay awhile, and let the mindes of men come to a calme, may be called to good purpose. * 1.208 Time shall declare, saith the Apostle, the work, that is, * 1.209 the doctrine of every one: And, If any man be otherwise minded, God shall reveale the truth. In both places shewing, there is often need of time, that the Truth may be found out, and a right judgement given. The contrary may also happen, that the present evill cannot endure the delay of a Synod, and calls for a more compendions remedy. Moreover, the same causes for which great Assemblies are suspected by the Highest Power, may also have place in Synods;

for, as a very learned man hath said, It is not lesse Politicall, to assemble Bishops, than other Orders of men. There is the same fear, the same danger, unlesse they have put off Humane passions, when they be∣came Pastors. I might reckon up many examples of unhappy Councils, as were under Constantine, those of Antioch, Cae∣saria and Tyrus; the Bishops of which last, as the Emperour in his Letters plainly tells them, did nothing else but sow divisions and hatred, and disturb the Peace of the world. Yet I confesse, the Church is not in the best condition, when Synods cannot be had: and therefore all means is to be used, that these Assemblies may be re∣tain'd, or after long omission restor'd, whereby the Church speaks both to her Members, and her Governours with most convenience. * 1.210 And yet, even then, when the Highest Power governs without a pre∣sent Synod, it hath the judgement of the Church in former Synods; it hath the per∣petuall consent of the most famous Do∣ctors, which flourished in every Age and Nation; it hath the most learned and reli∣gious Divines of the time present, both do∣mestick and forraign, whose opinions are worthy of an equall regard, especially in points of Doctrine, which is the common

study of them all, and in respect where∣of they have every one a share in the U∣niversall Episcopacy. In making Church-Laws, the King (saith the Bishop of Ely) made use of men fit to be advised with, men who in reason are esteemed most under stan∣ding, most able and judicious to answer in such affairs: and saith Burhil, He was in∣structed by Ecclesiasticall Councils, or in defect of these, by Authors for their Faith and skill in these matters most approved.

* 1.211 Upon the premises, we see there are other causes, beside the great corruption of Religion, in contemplation whereof Synods may or ought sometimes to be omitted: and therefore they were not so often granted by the Christian Empe∣rours, as they were desired. All are Pe∣titioners to your Grace with sighs and tears, saith Leo to Theodosius, that you would please to command a Synode in Italy. * 1.212 Yet he prevailed not; yea in vaine did the Right of calling Synods belong unto the Em∣perours, if upon just cause they could not deny to call them. It is certaine, the Churches which were sick of the Ubi∣quitarian errour, could not be accounted past all hope, yet the Electors and Prin∣ces, to whom the Laws of Germany com∣mend the care of Religion, without a Sy∣node

by the Counsell of wisemen expel∣led this disease out of their Dominions; and are praised for it, by the same persons, who will not acknowledge the Right, on which alone that Reformation depends. The office of a Prince, * 1.213 as Zanchius and others with him note, partly consists in this, that, untill a free Councill may be had, which cannot be had at all times, He command the dissenting parties, to use, * 1.214 not their own, but the tearms of Scripture, and forbeare to condemne each other in publick. This also pertains to the Right of ruling before a Synode, and therefore without a Synode.

It doth not follow hence, that the li∣berty of judgeing, which by Divine right is due to Divines, is taken from them; for they may, also out of Synods, deliver their judgement, either before the High∣est Powers, or if it be needfull, before o∣thers too: and they may render the reasons of their judgement out of the word of God.

The summe is this, Synods, we con∣fesse are the most usuall help of Gover∣ning the Churches: yet we hold, such time may fall out, that Synods may not be profitable and convenient, much lesse necessary. And our greatest wonder is,

the boldnesse of some men, that main∣taine, even when the Powers take on them the protection of the Church; * 1.215 whether they will or no, Synods may lawfully and rightly be assembled. Beza was of another mind, who hath said, Synods are to be cal∣led, not without the command and favour of the King. Junius was of another mind, who said. 'Tis an unjust and dangerous at∣tempt of the Church, to hold a generall As∣sembly, without his knowledge and Au∣thority, who is set to keep order amongst men. Lastly, of another mind were All, that have hitherto defended the Prote∣stant cause against the Papists.

* 1.216 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.

* 1.217 After that Christ instituted the Church and the Pastorall office, it hath been law∣full, by the Law of Nature; not the im∣mutable 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 Sy∣node: because, no Humane Law, no agree∣ment interceding, to determine the per∣sons, there is not other way. By this right; the Brethren of Antioch send some of their number with Paul and Barnabas to Ferusalem. * 1.218 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 Dioce∣sian 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 Presby∣ters and Deacons at their own pleasure. That greater Synods might assemble, * 1.219 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 Me∣tropolitans, as the Acts doe testify. Plain∣ly, to Cyril is the election there commit∣ted;

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 Metropoli∣tans, in case any of them could not be pre∣sent in Synods themselves, sent some Bi∣shop or Presbyter to spply in their names, and to keep their places.

* 1.220 Albeit this were the most frequent manner of election, yet by no Law was the Highest Power forbidden to call Sy∣nods of Pastors elected by his own dis∣cretion. This alone is enough to prove a permission; but reason doth evince the same: if we consider the ends before spo∣ken 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: be∣tween which and the Ecclesiasticall, as to meere consultation, there is no dissimili∣tude. Synods are also holden for the exercise of Externall Jurisdiction, com∣mitted 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 ei∣ther 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 per∣sons, 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 some∣times happen, that the election made by Pastors may be lesse available to con∣cord, 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 per∣tains 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. * 1.221 The Donatists request a Sy∣nod of Constantine, to judge between them and other African Bishops, by this Pe∣tition, We beseech you, excellent Empe∣rour, because you are of a just and Royall ex∣traction, 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 contenti∣ons here. Not the Churches, not the Sy∣nod of Gallia, but the Emperour names the Judges. To the first Synod of C. P. Theodosius admitted also Macedonian Bi∣shops: who were not surely chosen by the Churches or Bishops Catholick. That o∣ther 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. * 1.222 But here we must observe, when the Churches or Bishops choose men for the Synod, whether by their Native or Dative Liberty, The Su∣preme 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. Where∣fore let us now rather see, what Judgement in the Synod is competent to the Highest Power. * 1.223 They phansie to themselves an Adversary over whom they may get an ea∣sie 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 toge∣ther 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 Sy∣nods.

If a Synod be had for Declarative judgement, * 1.224 that is, that the Bishops may shew out of the holy Scripture, what is true, what false; what is lawfull, what un∣lawfull; 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 here must be exceeding great Caution, lest the Majesty of one, bridle the Liberty of ma∣ny. 'Twas said of old, Casar, when will you give your Vote? if first of all, I shall have one to comply with. Yet will it be most profitable, that the Supreme Gover∣nour not only honour the Assembly with his presence, but also order and moderate the actions, enquire into the grounds of every sentence, and propose objections. Which the Emperour Constantine did in the Nicene Synod, and Charles the Great, in that of Francford. But when the Sy∣nod, in things not determined by Divine Law, gives Counsell to the Highest Power, what is for the Churches benefit; here also it is better to propose the incommod••es with the commodities, than to deliver judgement openly: according to that Rule, What should be done, debate with many; what shall be done, determine with a few. The royall presence also, when the Synod

is held chiefly to testifie the Churches Consent, is of good effect, to curb the boldnesse of turbulent men: but, the Su∣preme Governour shall be more assured, whether the consent be true and spontane∣ous, if he give no suffrage, but he content to reserve the Epicrisis, or finall determina∣tion to himself. And this hath place too, in the Synod, which by concession of Hu∣mane Law, doth exercise some Jurisdicti∣on: the Supreme Governour may be pre∣sent, and give Sentence if he please, but 'tis more proper for him, that he reserve himself entire for the Epicrisis, or Judge∣ment after.

* 1.225 We have spoken of the Highest Power, when it self is present in the Councill; but pious Emperours could not alwayes be so, by reason of other affaires: and then they sent others in their name, with Commissi∣on either to judge together with the Bi∣shops, or only to preserve good order. For in the Synod of Chalcedon, it is clear e∣nough that the Senators and Judges inter∣posed often, and gave their Sentence in de∣fining the very Articles of faith; but in that of Ephesus, Candidian was not allow∣ed by Theodosius to passe his judgment. To the Councill of Tyrus, Constantine sent only Dionysius, a man of Consular degree.

to observe all that passed; but he went be∣yond his Power, as Ahanasius notes; Hee had all the talk, and the Bishops observed him in silence.

* 1.226 Now we come to that Judgement, which belongs to the Highest Power after Synod; the Greek Fathers call it Epicrisis. This is so proper to the Highest Power, that it must not be cast off or neglected by Him. * 1.227 For if the Synod only give Coun∣sell in things to be done by the Highest Power, 'tis certain His judgement, to whom the Counsell's given, ought to fol∣low, whether it be led by certain arguments (as is necessary in the matter of Faith) or in some sort by the Authority of other men. For (as above) some Judgment of the doer must precede every act, that it m••y be right; but absolutely, and in all things, no man can square his judgement by that of another, unlesse it be such a judgement as in infallible, but the Judgement of a Sy∣nod is not such. If some Doctrine be ex∣plain'd, or some Law Divine, 'tis not only the Right, but the Duty of the Highest Power, to see wether the Synod walked ac∣cording to the Rule of Holy Stripture: as Constantine writes of himself to those that met in Tyrus. For 'tis his part to Govern. What if some Synod, (such as many have

been, and many may be,) shall either through ignorance, or by conspiracy, or because the greater party overswayes the better, agree upon some doctrine, mani∣festly repugnant to the Catholic faith de∣rived from the Scripturs? Suppose the A∣rimin, the Seleucian, (both which were greater than the Nicene) or suppose the second Nicene Synod; Shall the H. Power now command any thing to be done, which the Law Divine, and his conscience instru∣cted by that Law forbid? No man in his right mind will say so. But if somewhat be conceived by the Synod, which by Divine Law is not determined, but partains unto Church-government, since all Govern∣ment, whether introduc'd by Nature, or by Positive Law, is under that Power which among men is Highest; it is the part of this Highest to see whether the things conceived will be usefull for the Church; for to the last agent belongs also to give the last Judgement. Therefore have Synods submitted both their Articles and Canons to Emperours and Kings; but with diffe∣rent respect; the Articles to be examined by Sacred Writ (for the true doe not re∣fuse examination, the false, even after Synod, deserve rejection;) the Canons to be tryed according to the Rules of pru∣dence;

and if profitable, they received the force of Lawes. Concerning the Canons are those words out of the Councils of France; if there be any defect, let it be sup∣plyed by His prudence; if any thing amiss, let it be corrected by His judgement. Wherefore not only the right of appro∣ving, (as some doe now) but of examin∣ing, taking away, adding, correcting, did the antient Bishops ascribe unto the Highest Powers. Nor indeed can any one, with reason, be said to approve any of those things, which are not in his Power to dis∣approve. He is properly said to consent, who may also dissent, according to that in Seneca; If you would know whether I am willing, allow me Power to be unwilling: and Aristotle, Where to doe is in our chayce, there is also, not to doe. This is certain, some Canons have been disallowed; a great part of the Chapters, which in the year 856, the Bishops set forth in Synods, was rejected by Carolus Cal••••s: as we read in his Capitular. And Clarolus Magnus made some addition to the Decrees of the Synod holden at Theodons. Wee adde, saith he, this of our aunt. Lastly, where a Synod hath passed judgement by a Power deriv'd from Humane Law, here it is much lesse to be doubted, but that His judgement is re∣serv'd

to the Supreme Governour. For all Jurisdiction, as it flowes from him, returns to him again. Hither I refer that Judge∣ment of the Ephesine Synod, whereby Ne∣storius was cast out of his Patriarchship. The Synod prayes the Emperour, that what was done against Nestorius might be of force.

* 1.228 One may object, that where the Su∣preme Governour was himself present in the Council, there at last nothing remal∣ned, but to confirm the acts with his Au∣thority. But, neither can this be granted. For when the Supreme Governour judged among others, he Judged not as Supreme; for he might be Inferiour in the Suffrages. Wherefore his finall Judgement must still remain safe unto him, I mean his Impera∣tive judgement, and that in the freest man∣ner. The same is true of the Magistrates, * 1.229 if they be present in any Court under their Authority.

* 1.230 But we must observe, that the Supreme Governour exerciseth this Imperative Judgement, sometimes wholly by himself; sometimes partly by others, partly by him∣self; Which appears by instance in Civill affaires. For Kings, unto whom supplica∣tion is made against the sentence of the Praetonian, Prefects, or of the chief Senate,

do for the most part commit the last hear∣ing of the Cause to men of Law; whose sentence, unlesse it be suspected, they con∣firm; sometimes, they command the Cause to be pleaded all again before themselves. So in causes Ecclesiasticall, it was the Cu∣stome for Emperours to commit the mat∣ter to the examination of other Bishops, for their religion and wisedome most no∣ted; and, taking account of them, to con∣firm what in their own discretion they jud∣ged best. And this is the cause why against former Synods, other new, and these not greater than the former, were so often cal∣led: not because this Synod by it self was Superiour unto that; but, these men had greater credit with the Emperours, than the former. It was but seldome, that the Emperours heard all the Cause again themselves: as Constantine, after the Church had judged twice, himself exa∣min'd the Gause of Coecilian, and gave fi∣nall Judgement in it. He also call'd before him the Bishops who had met at Tyrus, to render him an account of all their doings. Wherein he is justly defended by our Men against the Patrons of the Roman Sea.

It is true in Sacred no lesse than in other matters, that an Appeale strictly taken, which inhibites the execurion of Sentence

given, may by the Civill Law be taken a∣way: but then there is left open another way; to implore the Hearing of the High∣est Power, by Complaint or Supplication. For if this be denyed, the King could not scatter away all evill from his throne, Hee could not be a terrour to all evill, which is his perpetuall office: so that the old wo∣man said well to Philip of Macedon, If he were not at leisure to be Judge, Hee should * 1.231 not be at leisure to be King. Maecenas saw this of old, who sheweth to Augustus, that no man (under the Highest) ought to have so much Power committed to him, as that from him there should be no appeal.

* 1.232 One thing more must be remembred here, that the right of the H. Power, after the Synod, to determine any thing against the Synod, cannot be contracted only unto those Controversies, wherein as it were the whole body of Religion is in Question. For there is the same right in the parts, as in the whole: and the reasons before alle∣ged give unto the H. Power a free finall Judgement, in single Questions, as well as in all together. For also in single Questi∣ons, Synolds may erre, neither ought the H. Power to yield blind obedience to them, much lesse by its Authority to de∣fend a false and hurtfull doctrine; or suffer

the truth to be oppressed; nor can the wisdome of the Highest Power permit errours to encrease by little and little, and as their nature is, one beget another, till their number be so great that they can∣not be rooted out without hazard of the Common-wealth.

CHAP. VIII.

Of Legislation about Sacred things.

* 1.233 HItherto we have spoken generally; now let us more neerly view the severall parts of Authority. The Act of Authority either respects all, or single persons: that is Legislation; this, if an occasion of Sute, is Jurisdiction; if o∣therwise it is called by the generall name, because it wants a speciall. Of this last sort, the commands are such as the Cen∣turions: I say unto this man, * 1.234 Goe, and he goeth: to another, Come, and he cometh: to my servant, Doe this, and he doth it: but the principall act is, the Injunction of Fun∣ctions permanent. * 1.235 In what things Le∣gislation is, may be understood by the precedent part of our discourse; for al∣most all things belonging to Authority we have explained by examples of Legi∣slation

as the more noble. Thence it ap∣pears, that a Law is made either of the things defined by Law Divine, or of those that are left undefined. The Laws that are made, either respect the whole body of Religion, or the parts of it.

* 1.236 In nothing more shines forth the ver∣tue of Supreme Authority, than in this, That it is in the power and choice there∣of what Religion shall be publickly exer∣cised. This, all that have written Poli∣ticks put in the chiefest place, among the Rights of Majesty; and experience proves the same. For if you enquire, Why in England under Queen Mary the Roman Religion was set up, but under Queen E∣lisabeth the Evangelicall; the nearest cause cannot be rendred, but from the will and pleasure of the Queens; or (as some will have it) of the Queens and Par∣liament. Enquire, why one Religion is in Spaine, another in Denmark, another Sweden; you must have recourse to the Supreme Governours will.

* 1.237 But many doe object, If that be so, the State of Religion will be very unconstant, especially where one is Ruler over all; for upon change of the Kings mind, Re∣ligion also will be changed. 'Tis true indeed, that they say: but that danger is

in all other things as well as Sacred. The work will be like the work-man; and the Law be as the King. Yet no mans right is to be denyed him, for the danger of abusing it: for then no mans right shall be safe. Besides, although the Highest Power should transfer that right upon another (which we have shewed he may not) the same danger would still remaine; for the right would but passe from men to men: and every man may be deceived. Here then, our only comfort lyes in the Di∣vine providence. Indeed the hearts of all men God hath in his power, but, * 1.238 The Kings heart is in the Lords hand, after an espe∣ciall manner. God doth his work, both by good and evill Kings. Sometimes a calme, sometimes a storme is for the Church more useful. If the Governour be pious, if a diligent reader of the Scrip∣tures, if assiduous in prayer, if Reverent to the Catholick Church, if ready to heare wife Counsels, by him will the truth be much advanced. But if he be of a perverse or corrupt judgement, it will be more hurtfull to himself than to the Church; for he must expect a heavy judgement from the King thereof, who will not suf∣fer his Church to be unrevenged. The Church in the meane while, ceaseth not

to be the Church; yea, if the King rage against it, it will gather strength and in∣ciease under persecution.

* 1.239 Certainly, 'twas never lawfull for Sub∣jects to gaine by force the publick exer∣cise of their Religion: the antient Chri∣stians when they were at strongest, when they had Senators and Presidents very many of their mind, never took such right unto themselves. 'Tis the Office of the Highest Power alone publickly to autho∣rize the true Religion, and to remove the false. To remove Idols out of private places belongs to the Lord of the place; and upon his neglect, to the King as the Lord generall: but to remove them out of the publick place is the right of the Highest Power, and to whomsoever it shall delegate that office. * 1.240 And thus is that Law of Deut. to be interpreted; You shall destroy their altars, and break downe their statues, and cut down their groves, and burn their graven images with fire: The command must first be given by the Highest Power, and then must execution be done readily by the Subjects: Doe thus saith Austin upon the place, when you have receiv'd Commission for it. The Pagan Temples in the Roman Empire were not shut up, before that Law of Constantius,

extant in both the Codes. If any one hath broken Idols and there been slaine, the E∣libertine Councill forbids him to be re∣ceiv'd among the Martyrs, because it is not written in the Gospell, nor is any such thing found done by the Apostles.

* 1.241 But the Highest Power hath not only forbidden Idolatrous Assemblies, but those too, which gave themselves to any evill superstition, or errour publickly pernicious, or were obstinate breakers of the Churches peace. Christian Empe∣rours have excluded Hereticks and Schis∣macks from all accesse to honours; have deprived them of the right to obteine any thing by Will; have given away their Churches to the Catholicks. All which, Austin at large defends against the Dona∣tists. For those p••••shments of such in∣excusable Delinquents in Religion, which left them time of repentance, the antient Church approv'd. But the paine of Death was so much against the gentlenesse of the old Religion, that Idacius and Ithacius were condemned by the Bishops of Gallia, for being Authors, that certaine Priscil∣lianists should be confuted with the sword: and in the East a whole Synod was con∣demned, which had consented to the burning of Bogomilus.

* 1.242 Yet sometimes also false Religions have gone unpunisht under pious Emperours. The Jews, whilst they held from the con∣tempt of the Christian Law, and from drawing over Christians to their Sect, had alwaies free use of their Religion. Neither were the Pagan rites prohibited by Constantine at the beginning of his conver∣sion, but he advanced Pagans to the Con∣sulship, as Prudentius notes to Symathus. So Jovinian and Valentinian, Princes worthy of all praise, terrified not them with threathing edicts, that violated the verity and unity of the Christian Law. And which is more to be noted, the Em∣perours did not only permit impunity to disagreeing sects, but often made Laws to order their Assemblies. Constantine and following Emp••••urs grant to the chief Rulers of the Jewish Synagogues the same Rights with Christian Bishops. So Theodosius forbids any to be received into their Sect against the will of their Primates; and forbidding them to be re∣ceived into their Assemblies, that deny∣ed the Resurrection and Judgement, or would not acknowledge the Angels to be Gods creature, He saith he had reformed the Jewish Nation. So the Proconsuls took away the Churches of the Donatists from

the Maximianists, because they were pro∣ved to have been condemned in a Councill of the Donatists.

* 1.243 Moreover, in the true Church, the Right. and Office of the Highest Powers is not only conversant about the whole body of Religion, but the single parts, as reason and examples doe evince. Reason, because it cannot be otherwise, but He that hath right upon the whole, hath right upon the parts. Examples are at hand: Ezechias, that he might suppresse the adorers superstition, took away the Serpent set up by Moses; and by the same right, against the Decrees of the second Nicene Synod, Charles the Great forbad the adoration of Images. Ho∣norius and Arcadius repressed, by their Edict, Pelagius and Calestius, the authors of a false opinion: and so of late, some of the German Princes have purged their Churches (otherwise well ordered) of the Ubiquitarian Errour.* 1.244

For prevention of Schisme, Constantine cut off needlesse Questions: an example worthy to be imitated by our Rulers; for it is most true which Sisinius said to Theodosi∣us, By Disputations about Religion, contenti∣ons only are inflam'd. The Emperour An∣dronicus, of excellent knowledge in Divini∣ty, threatned the Bishops disputing subtilly

upon, The Father is greater than I: that un∣lesse they would abstain from such dange∣rous discourse, he would throw them into the river. Even true words, but not extant in the Bible, were for a time forbidden to be used. So Heraclius the Emperour prohibi∣ted both the single and the double Energy to be ascribed to Christ; that this is not to be dislik'd, * 1.245 we have the authority of St. Ba∣sil for us, who saith, Many pious men ab∣stained from the words Trinity, and Ho∣mousion, and that also the word Unbegot∣ten is not to be used of the Father, because these words are not in Scripture. And Me∣letius of Antioch for a time abstained from questions about Doctrine, only delivering what pertained to emendation of manners, esteeming this care above the other. It is pertinent here, which Plato hath in his Lawes, That no man should publish any writing, unlesse approved first by Judges appointed for the purpose.

* 1.246 This is also an especiall work of Lawes, to compose the manners of the Clergy. The blind and the lame David excludeth from the Temple: Ezechias and Josias command the Priests to be purified. Ju∣stinian doth not allow the Bishops to wan∣der up and down, * 1.247 to play at Dice, to be spectators at Playes. And Platina ex∣clames

very justly, O King Lewis, * 1.248 I would you lived in our times! Your most holy or∣ders, your Censure is now very necessary for the Church.

* 1.249 To proceed; That the Powers also used their Authority in defining things which the Divine Law hath left undefined, is most plain. The King of Ninive pro∣clam'd a Fast; David commands the Ark to be transported; Solomon orders all things for the ornament of the Temple, and after him Josias: who also takes care, that the Treasure destin'd for Sacred uses be not alienated. Of this kind is the grea∣test part of Constitutions which appear in Theodosius and Justinian's ••ode, and in the Novels, and in the French Capitulars: as, of the age of Bishops, Presbyters, Dea∣conesses, of the immunity and judgements of the Clergy-men, and insinite other things, which were tedious to number, That in those Lawes are Constituted many things that are not in the Canons, both the Reading shewes, and Whitaker confesses. Therefore also in the Trent Synod, the King of France doubted not to declare by his Orators, That the most Christian Kings (so 'tis in the Acts) have made many E∣dicts in matters of Religion, after the Ex∣ample of Constantine, Theodosius, Va∣lentinian,

lentinian, Justinian, and other Christian Emperours; That they have made many Ec∣clesiasticall Lawes, and such as the antient Popes not only were not displeased with, but some receiv'd into their Decrees; and e∣steem'd the chiefe authors of them, Charles the Great, and Lewis the Ninth most Chri∣stian Kings, worthy the name of Saints; That the Prelates of France, and the whole Order Ecclesiasticall, according to the Pre∣script of those Lawes, have piously and Chri∣stianly ruled and govern'd the Church of France.

* 1.250 In the mean time it is most true, that the Emperours for the most part in making lawes had respect unto the Canons, old, or new: whence is that saying, The Lawes dis∣dain not to imitate the Sacred Canons; For, in things not defined by Divine Law, the Canons are usefull to the Law-giver two wayes. They doe both contain the Coun∣seis of wise men, and make the Law more gracious in the subjects eye. This, as it is not necessary to the right making of a Law; so, if it may be obtained, is very profitable. Justinian's Novel is Extant, wherein he gives the force of Lawes to the Ecclesiasticall Canons, set forth, or confirm∣ed by the four Synods, the Nicene, the first of Constantinople, the first of Ephesus,

and that of Chalcedon. Where by the word Confirmed, we must understand the Canons of the old Provinciall Councils, which being generally receiv'd, were there∣fore contained in the Code of the Catho∣lick Canons.

* 1.251 Now to that which some Enquire, whe∣ther the Church hath any Legislative Power, the Answer may be given out of our former Treatise. By Divine Law it hath none. Before the Christian Empe∣rours, the Decrees of Synods, for the or∣der, or the ornament of the Church, are not called Lawes but Canons, and they have either the force of Counsell only, as in those things that rather concern single persons, than the whole Church; or else they bind, by way of Covenant, the wil∣ling, and the unwilling being the fewer, by necessity of determination, and therefore by the Law of Nature, * 1.252 not by any humane Authority.

This notwithstanding, some Legislative Power may be granted by Humane Law, to Churches, Pastors, Presbyters, or Sy∣nods. For if to other Companies and Col∣leges, whose usefulnesse is not to be com∣pared with the Church, that Power (as we have said above) may be granted by the Supreme Governour; why not also to the

Church, especially when no Divine Law is against it. But two things must be here observed. First, this Legislation granted, doth not at all diminish the right of the H. Power, ('tis granted Cumulatively, as the Schooles speak, not Privatively:) for the H. Power, though it may communicate to another the right of making Lawes gene∣rall or speciall, yet can it not abdicate the same right from it selfe. Next, the Lawes made by any such Company, may, if there be cause, be nulled and corrected by the H. Power. The reason is, two Lawgivers, both highest, cannot be in one Common∣wealth: and therefore the Inferiour must obey the Superiour. Hence it is, that for the most part, in the constitutions of Sy∣nods, we see the assent of the Highest Pow∣er expressed in these words: * 1.253 At the com∣mand of the King; By the Decrce of the most glorious Prince, the Synod hath Constituted or Decreed.

* 1.254 It may be objected here, That Kings sometimes affirme they are bound by the Canons, and forbid to obey their Edicts contrary thereto. But this is of the same sense, as when they professe to live by their own Lawes, and forbid their Rescripts if they are against the Lawes, to be observ'd. For such professions take not away their

Right, but declare their will: As a clause added in a former Testament, derogating from the later, makes the later of no value; not because the Testator might not make a later Testament, but because what is writ∣ten in it is supposed not approved by his free and perfect Judgement. And hence it is, that if there be a speciall derogation from the derogating clause, as the later Testament is of value; so is the later Con∣stitution too.

* 1.255 But that Canons have been nulled and amended by Emperours and Kings, and that Synods ascrib'd that Power to them was prov'd sufficiently, when we treated of Synods. Yea, (which is more) even those Canons, which are found in the Apostles writings were not perpetually observ'd. The reason is, because they were supposed to contain not so much an exposition of Divine Law, as Counsell accommodated to those times. * 1.256 Such is the Canon to Ti∣mothy, That a Neophite be not made a Bi∣shop; which was renewed in the Synod of Laodicea. Yet in the Election of Nectarius this Canon was layd by, by Theodosius; and by Valentinian, in the Election of Am∣brose. And such is that Canon, * 1.257 That a Wi∣dow under sixty be not chosen for a Dea∣conesse: which Theodosius also constituted

by a Law. Yet Justinian permitted one of fourty to be chosen. * 1.258 'Tis not to be forgot∣ten here, that the Hebrew Kings excepted some actions from the Divine Law it selfe. There was a Law, That no unclean person should eat the Passeover. Yet Ezechius, ha∣ving poured forth his prayers to God; granted an Indulgence to the unclean to cat thereof. Again, the Law was, that the Beasts should be slain by the Priests: and yet twice under Ezechias the Levites, by reason of the want of Priests, were admit∣ted to this office. Not that the Kings loo∣sed any one from the bond of Divine Law (for that can no man doe) but that accord∣ing to equity, the best Interpreter both of Divine and Humane Law, they declared the Law Divine, in such a Constitution of affaires, to lose its obligation, according to the mind of God himself: For such a De∣claration, as in private actions, and not ca∣pable of delay, it is wont to be made by pri∣vate men, (So David and his companions interpreted the Law, which permits the Priests only to eat of the Shew-bread, to have no binding force in the case of ex∣treme hunger) so in publick actions, or in private also that may be delay'd, it is to be made by the Highest Power the Defender and Guardian of Divine Law, according to

the counsell of wise and godly men. And hither, for conclusion, I refer, that in the time of the Macchees, it was enacted that it should be lawfull to give battell to the Enemy on the Sabbath day.

CHAP. IX.

Of Jurisdiction about Sacred things.

* 1.259 TO Legislation, Jurisdiction is coherent, with so neer a tye, that in the highest degree one cannot be without the other. Wherefore if the Supreme Legislation a∣bout Sacredthings, under God, agrees to the Soveraign Power; it followes, that the Jurisdiction also agrees unto it. Jurisdicti∣on is partly Civill, partly Criminall. 'Twas a point of Civill Jurisdiction, that the Epis∣copall Sea of Antioch was abjudged and taken away from Paulus Samosatenus. The Criminal, from the chiefe part of it is call'd the Sword; Hee beareth not the Sword in vain, but is an avenger upon all that do evill: therefore upon them too, that doe evill in matters of Religlon. * 1.260 Of this sort was the command of Nebuchodonosor the King, that they should be torn in pieces, who were contumelious against the true God; and that of Josias, wherby Idolaters were put to

Death. Relegation also belongs to Jurisdi∣ction. So Solomon confin'd Abiathar the Priest; without any Council, as the Bishop of Ely well notes; twas indeed for treason, but he had as good Right to punish him, if the offence had been against the Divine Lawes. So the Christian Emperours ba∣nisht Arius, Nestorius, and other Here∣tiques. Esdras and his associates received Jurisdiction from Artaxerxes; whereby they punished the obstinate Jewes with the publication of their goods, and ejection out of the publick Society. The very same punishment in the Gospell is call'd Casting out of the Synagogue. For as Esdras had all kind of Jurisdiction by the grant of the Persian King: so by the permission of the people of Rome, and of the Emperours af∣terward, the Synedry of the Jewes retai∣ned this part of it, with the power of bind∣ing and scourging. We learn out of the Hebrew masters, that there were three de∣grees of casting out of the Synagogue: by the first, Nidui, the party was commanded to stand off in the Synagogue in a meaner place: by the second, Cherem, He was not permitted to appear in the Synagogue, nor any other suffer'd to make use of him, nor allow him any thing, but to sustain his life in a most slender manner: the third degree,

in Chaldee Scammatha, was the proper punishment of him, who by the Law of Moses had deserved death, but, the Pow∣er of capitall Judgement being taken a∣way, could not be put to death: his touch and commerce all men shunned. Some such thing seems that to be in Johns E∣pistle, casting out of the Church, which Diotrephes did, that lov'd preeminence, * 1.261 and assum'd unto himself Dominion.

'Tis also a point of Jurisdiction to ab∣dicate any one from the Priests Office, which Josias did to the Schismaticall Priests, only allowing them where with to live. So Theodosius and other Emperours made decrees about the deposition or re∣stitution of Bishops. Constantine threa∣tens the contumacious Bishops, and tels them they should be rul'd, by the vertue of Gods servant, that is, saith he, my self. For we must note, to the right of the sword it belongs, not only to eject out of that Office, which flows from the Empire of the Highest Power, but from all other Offices of what kind soever.

* 1.262 That Jurisdiction about Sacred things, being a part of Empire largely taken, a∣grees to the Highest Powers, is very plain. Let us see, whether any Jurisdiction, Hu∣mane Law being set apart, agrees to the

Ministers of holy things: and afterward, we will consider what is given to them by Humane Law. Naturally, the Priests have no Jurisdiction, that is, no Coactive or Imperative Judgement: because their whole Function includes no such thing, in the nature thereof. * 1.263 That Jurisdiction which the Priests had in the Primitive State of the Naturall Law, they had as Magistrates, not as Priests; for even when the Priesthood was not joynd with the Highest Power, seldome were the Priests without some power. Hence is Cohen a name common both to Priests and Ma∣gistrates; and among many Nations the Custome was the same. For the Druids among the Gauls were the most noble of that Nation; and among the Cappado∣cians, as Strabo, himself a Cappadocian, tels us, the Sacerdotall dignity was next to the Regall, and Kings and Priests were for the most part of the same family. Ta∣citus writes, that the German Priests of old, had alone the Power to punish; and among the Romans, that which Lentulus said in the Senate, * 1.264 The Priefts are judges of Religion, signifies not only the judge∣ment of skill, but of power. But the Mo∣saicall Law plainly to the Priests, and principally to the High Priest, as it gave

eminent dignity, so Jurisdiction too, yet under the Highest Power, whether a King or Councill. And 'tis manifest, where neither a King was constituted, nor a Judge, there the High Priest was Prince, as being the most eminent among all, whether Private men or Magistrates. Examples whereof are Heli, and after∣ward the Asmoneans. That among the Jewes the Sacerdotall Nobility was of prime note, both Josephus and Philo ob∣serve. That the Priests had Magistracy, even this alone may prove, that he is to dye who obeyed not the command of the Priest. * 1.265 In which Law the High Priest is equalled to the Highest Judge. Nor did they only give judgement in Sacred but in Civill affairs, being the best interpre∣ters of the whole Law, at that time the wisdome in Divine and Humane Law being not divided. * 1.266 Whence also, Philo, where he brings in Moses upon the Tri∣bunall, saith, * 1.267 that the Priests sate with him on the Bench. But in the Evangeli∣call Law, Christ having not given unto Pastors any Dominion or Command, nei∣ther hath he given them any Jurisdiction, that is, coercive Judicature. Yet let us see, what actions there are, either of Pa∣stors, or of the Church if self, which have

any shew of Jurisdiction, and therefore for their likenesse may come under that name. Those actions we doe here consi∣der, which owe nothing to Humane Law, or to the will of the Highest Power. * 1.268 To Jurisdiction doth seeme to pertaine that Rod, where with Paul threatneth the Co∣rinthians; whereby is meant, as the A∣postle explains himself, * 1.269 to use sharpnesse, to revenge all unrighteousnesse, not to spare; all which are expressions of a certain mira∣culous vertue of imposing punishment. * 1.270 Thus Ananias and Saphira fell down dead, * 1.271 Elymas was smitten with blindnesse, * 1.272 Hymeneus and Alexander, and the in∣cestuous Corinthian were deliver'd to Satan. To deliver to Satan, was plainly a point of miraculous Power, which in∣flicted torment on the body, such as Saul in former time felt after his departure from God, as Chrysostome and other Fa∣thers interpret. This is certaine, when the earthly Powers used not the Kight of punishing, God had given them, to purge and defend the Church; what was wanting in Humane ayde, God himself supplyed by Divine assistance. But, as Manna ceased, after the people were brought into the promised Land; so, af∣ter the Emperours took on them the Pa∣tronage

of the Church, whose Office was to punish them that troubled the Church without or within, the forenamed Divine punishments expired. To speak to the purpose, that Divine execution of revenge was properly the Jurisdiction of God not of men, because the whole work was Gods, not the Apostles. God, that he might give testimony to the truth of the Gospell Preacht, as at the Apostles prayers, or presence, and touch, he healed diseases, and cast forth Devils: so, at their impre∣cation, commanded men to be vexed with diseases, or seazed on by Devils. Nor did Paul more in delivering men to Sa∣tan, than did Peter and John in curing the lame man, who say, * 1.273 they did nothing by their own Power, and transcribe the whole effect to God. At the Churches prayers also did God often shew the like signs of his displeasure; * 1.274 therefore are the Corin∣thians blamed, that they mourned not, to the end the incestuous person might bee taken away from among them. And to the same effect is that wish, not command, of the Apostle, to the Gal. * 1.275 Would they were cut off, that trouble you.

* 1.276 Now, in the perpetuall Office of the Pastors, some resemblance of Jurisdiction hath the use of the Keys. So, by Christ

himself is called, that application of the Gospel-threats and promises, which is made to particular men. Whereunto Preaching hath the same proportion, as Legislation to Jurisdiction; wherefore by the same figure is the use of the Keys calld Jurisdiction, as the Preaching of the Gospell Legislation. It hath been shewed afore, that Christ, as alone he gives Law to souls, so alone he passeth sentence on them, not only in the end of the world by the last judgement, but in the meane time also by retaining or remitting sins. He alone, saith Ambrose, remits durosins, who alone hath dyed for our sins. And Jerome saith, As the Priest makes the leprous clean or unclean, so the Bishop or Presbyter binds or looses. The same Father shews, where he, that useth the Key, erres either in fact or Law, there the Key is of none effect. 'Tis otherwise in Jurisdiction, for there, what the Judge erring hath pronounced, stands, by reason of his Authority that gives sentence, and passes into a judged case. As then, the Cryer doth not give the sentence, that he declares either rightly or amisse; so the Pastor, in that use of the Keys, cannot properly be said to exer∣cise Jurisdiction.

* 1.277 To the use of the Keys coheres the pre∣scription

of works of penance; which if it be generall, as that of the Baptist to the Jews, Bring forth fruits meet for re∣pentance; and that of Daniel to the King, Break off thy sins by mercy: or if speciall, as the enjoyning restitution, and open de∣testation of an open offence; it pertains to the annuntiation of the Law, not to Ju∣risdiction. But if that be specally pre∣scrib'd, which the Divine Law hath not specially defin'd, this belongs not to Ju∣risdiction, but ought to be refer'd to Counsell, by which name it is very often called by the antient writers. Wherefore, as Philosophers, Physicians, Lawyers, and friends also giving Counsell, doe not properly pronounce sentence, although oft times the Counsell is such as cannot, with∣out great fault, be rejected: so neither doth the Pastor pronounce senrence, or use Jurisdiction when he affords advice wholesome for the soule.

* 1.278 Moreover, it is annexed to the use of the Keys (which also hath some appearance of Jurisdiction) not to exhibite unto cer∣taine persons the seals of Divine grace. But, as he that Baptizeth, or gives the Eu∣charist (as the old manner was) into the mouth or hand of the receiver, exerciseth not Jurisdiction, but only a Ministeriall

act: so likewise, he that abstains from the same actions. Nor is any difference here between visible and vocall signs. By what right therefore a Pastor declares in words to a man openly wicked, that he is an Alien from the grace of God; by the same right he forbears to exhibite Bapusme to him, it being a sign of the Remission of sins; or if he be Baptiz'd. the Eucharist, it being a signe of Communion with Christ. For the signe is not to be apply∣ed to him, to whom the thing signified belongs not, nor is a Pearl to be cast to Swine, but (as in the Churches was wont to be proclaimed by the Deacon) Holy things are for holy persons. Yea, it is not only against verity, but against charity too, to make him partaker of the Holy Sacrament, * 1.279 that discerneth not the Lord, body; for he eateth and drinketh damna∣tion to himself; Here then, seeing the Pa∣stor only suspends his own act, not exer∣ciseth any right of Domiuion over the acts of other men, it appears, these things perteine to the use of liberty, not the ex∣ercise of Jurisdiction. The like in some proportion wee observe in a Physician, that attending his Hydropic patient, will not give him water when he cals for it, because 'tis hurtfull: or, in a grave man,

that will not vouchsafe a debauched man the honour of Salutation: and in those, that avoid the company of men infected with Leprosie, or other contagious disease.

* 1.280 We have looked upon the actions pro∣per unto Pastors; let us come to them, which belong unto the Church, or are common to the Pastor with the Church. First then, the people (that we may speak with Cyprian) in obedience to the Precepts of our Lord, ought to separate themselves from a sinfull Pastor. For command is gi∣ven to every one particularly, and to all in generall, to take heed of false Prophets, to sly from a strange shepheard, to avoid them that cause divisions and offences comrary to the doctrine. Secondly, the faith full are com∣manded to decline their familiar conversa∣tion, who, being named brethren, are Whor∣mongers, Idolaters, Railers, * 1.281 Drunkards Gree∣dy, Heretiques, making a gain of godliness, or otherwise behaving themselves inordinate∣ly, against the Institution of Christ, With∣draw your selves from such, be not mingled with them, turn away from them, eat not with them, saith the Apostle Paul in sundry places. For such men are (as the Apostle Jude speaks) spots in the love feasts of Christians. Wherefore when the Scrip∣ture makes use of these words, 'tis manifest,

no act is signified greater than a private one; for what is the Church here bid to do, but what a Disciple doth, when he deserts an evill Doctor; or honest men doe, when they renounce the friendship or society of their Companions fallen into wickednesse? The words, that afterward came into use, Deposition of the Pastor, and Excommunication of the Brethren, seem to come neerer to the nature of Com∣mand; but words are to be measured by the matter, not matter by the words. A Church is said to depose the Pastor, when it ceaseth to use his Pastorship; to Excommunicate a brother, when it withdrawes it self from his Communion; in both cases, it useth its own right, taketh away no right from another; and although it doth not that without judgement, (whence also the faithfull are said to judge those that are within) it exerciseth no Jurisdiction pro∣perly so called, * 1.282 for Jurisdiction is of a Superiour over the Inferiour, but Judge∣ment is often among equalls; as in that place, * 1.283 Judge not, that ye be not judged.

Having weighed what is of Divine right, let us now see whit hath been ad∣ded, either Canonicall or Legall. This was Canonicall, and sprung from the Pa∣stors Counsell, and the Churches consent,

that inquisition began to be made into acti∣ons also not manifest; and that such as ab∣stained not from their sin, were not admit∣ted to the Holy Communion, but after a certain space of time; for it was not un∣lawfull to doe otherwise, but this way was more expedient both for the lapsed and for others. For the lapsed, that they might the more detest their sin; for others, that the example might deterre them from the like offence. Hence it was, that persons guilty of some grievous crime, first be∣wailed their fault for a while without the Temple, and after by severall steps were admitted to the Prayers of the faithfull, and last of all to the Sacred Mysteries. With the like severity did the Essens of old chastise the offences of their order, as Josephus relates; and at this day the Jewes, being but meerly private men, doe enjoyn penalties to the followers of their sect, that are delinquents. He that hath kill'd a man, standing out of doores proclames himself a man-slayer. To others are appointed ab∣stinence, stripes, and exile also; for what is wanting to the Power of the Rulers, is supplyed by the reverence of those that obey.

To return to the Christian discipline: that the Institutes thereof were never rec∣koned

as Lawes Divine, appears by this, because 'tis not in the power of man to give a Dispensation or Indulgence then; but it hath been alwayes in the power of Bishops, * 1.284 with respect had to the life of the Penitents, either to prolong or shorten the time of their penance. Yea, and generally men in danger of death were received to Communion; Which the Nicene Synod calls an antient and Canonicall Law: which agrees also with the custome of the Essences in Josephus. And among those, that by Divine Law are forbidden to be partakers of holy things, to wit, the im∣penitent, some are by the Canons kept on∣ly from the Communion of their own Province; others, the Clergies Commu∣nion being interdicted them, are admitted to the Communion of Laicks; and for the same crime a Lay-man is Excommunica∣ted, a Clerk put out of office. Besides, Austin teaches that. Excommunication must be forborn, if the contagion of sin hath invaded and o'respread the multitude. Which exception were not to be admitted, were Excommunication grounded only on Divine Law. It appears therefore, many things were added out of Humane consent, which, as long as they were destitute of Imperiall Authority, had not only no force

of compelling, but, saving by consent, ob∣liged no man: unlesse perhaps by that Na∣turall Law, which comman••s offences to be avoided. In the same manner, as the Canons themselves, did the Judgements given according to the Canons, oblige e∣very one; for, as to the debate of meaner businesses, the Laicks were appointed by Paul the Apostle's counsell, for composing of differences: so, in the more weighty af∣fairs, the Clergy were the Judges; unto which judgements, pertains that admoni∣tion, proceeding from naturall equity: A∣gainst an Elder (that is, * 1.285 a man of appro∣ved faith) an accusation is not to berecerved without two or three witnesses.

* 1.286 But after the Emperours embraced Christianisme, then at length to Pastors, as men that perform'd a publick office, was some part of Jurisdiction given. This was threefold, by ordinary Law, by consent of parties, by delegation. By ordinary Law, the Bishops were allowed to judge of things pertaining to Religion. The first that seemeth to have made this Constituti∣on was Valentinian the first, whose re∣script Ambrose cites. * 1.287 Other Emperours did the like. Justinian by his Constitution exempts Ecclesiasticall affaires from the Cognizance of the Civill Judges, * 1.288 and

leaves them to the Bishops. In other cau∣ses, both Clearks and Laicks pleaded not before the Bishops, but by their own con∣sent. Which Jurisdiction by consent, the Bishops receiv'd from Constantine, with so full a Right, that the Cause which the Bi∣shops had once decided, should be carryed on no further; that is, there should be no appeal from the Bishops sentence. After∣ward, by the Synod of Chalcedon, * 1.289 it was made unlawfull for Clerks against Clerks to run forth to the Secular Tribunal, but first the action was to be examined before him, whom by the advice of the Bishops the parties should have chosen. And yet, if the Clerks did otherwise, the secular Judge wanted not Jurisdiction, but the Clerks were lyable to the penalties of the Canon. First of all the Emperours, Justi∣nian circumscribed the rights of the Secu∣lar Judges, and commanded, that Clergy∣men, whether by Lay or Clergy, in Civill Causes, should only be sued before the Bi∣shop; yet so, that the Bishop might remit the difficult Controversies to the Civill Judges: and he might also appeal to the Civill Judge, that would not rest in the judgement of the Bishop. But the punish∣men of the Clergy for Crimes not meerly Ecclesiasticall, at that time, and long after,

remained in the hand of the Civill Judges. That which wee have said of the non∣appeal from the Sentence of the Bishop chosen Judge by consent of parties, the same, Arcadius also, Honorius, * 1.290 and Theo∣dosius doe shew in the Epistle to Theodorus Manlius Praetorian Praefect: Let the Bishops sentence be firm for all, that have cho••en to be heard by Priests; and wee command the same reverence to be given to their judge∣ment, which must be given to yours, from whom it is not lawful to appeal; For from the Pratorian Prafects was no appeal, but if a∣ny one said he was oppressed, 'twas lawfull for him to Petition the Emperour. Whence the Praetorian Praefects are said to Judge in the Sacred place, that is, the Imperiall; which may be as rightly said of Bishops judging by consent of Parties. The same right is attributed to the Patri∣arks, to whose cognizance the causes Ec∣clesiasticall were deferr'd, which with In∣feriour Bishops could find no end. Against the Sentence of these Prelates (saith Justi∣nian speaking of the Patriarks) there is no place for an Appeal, * 1.291 by the Constitution of our Ancestors. The third kind of Jurisdi∣ction wee have called that which ariseth from delegation, whether of the Highest, or the Inferiour Power; in this kind of

Causes, was alwayes granted an Appeale unto the Emperour, if Judgement were given by the Emperours command; or to the Judge, whosoever he was, if by the Judges Precept. In the name of Jurisdi∣ction, we comprehed the right of citing Witnesses, of imposing on them an Oath, and binding the party overcome by Sen∣tence, unlesse Appeal were made; upon whom also execution was done, not truly by the hand of the Bishop (that was not becomming) but by the hand of the Civill Judge. Hence was the Jurisdiction pro∣perly called Audience, because the Judge himselfe executed not the Sentence.

* 1.292 Wherefore, above that, which the Pa∣stors and the Church had by Divine right, and by the meer Canons, much was added by Humane Law, and the grant of the Highest Powers. The people now, had not only right to avoid an unfaithfull Pa∣stor, but such a Pastor by vertue of a Sen∣tence pronounc'd against him, lost his Pa∣storall right, and whatsoever he ascribed to it: and, if he attempted any thing a∣gainst the Sentence, was punisht with rele∣gation. So the Pastor now, had not only right to deny the Sacraments, and every one to deny familiarity, to the brother of an irregular life, but it was also unlawfull

for him to approach unto the Church.

* 1.293 Nor ought we to wonder, this Right, by Christian Emperours, was given to Christian Pastors, when the same indul∣ged thus much to the Jewes, that none should be admitted into their Sect, nor be reconciled to it, without consent of their Primates. * 1.294 And so the Pagan Emperours of old, as Ulpian saith, Imposed such Com∣mands upon the Jewes, which might not offend their Superstition; but the Christi∣an Emperours gave them this farther pri∣vilege, that the Masters of their Syna∣gogues, and other Presidents of their Law, were free from personall and civill offices: and if two Jewes, by agreement, referr'd their Controversies to the Jewes, the Jud∣ges should execute their Sentence. So much favour did the Christian Emperours bestow upon the Jewes, for the beginning Truth had among them, and for hope of their future Conversion; as the antient Fa∣thers love to speak.

* 1.295 This is also to be noted, Besides that re∣legation from the Society of the faithfull, other incommodities were annexed to Ex∣communication, to the end, the offenders might be the sooner brought unto repen∣tance. And that this was no new thing, but of most antient Custome, deduced even

from the beginning of the world, or the reparation of it after the Floud, the perpe∣tuall use of almost all Nations is an argu∣ment of no small moment. Memorable is that place of Caesar concerning the Druids among the antient Galls; * 1.296 If any private person, or publick, stand not to their De∣crees, they forbid him their Sacrifices. This is among them the most grievous punish∣ment. They that are under this interdict, are accounted in the number of impious and wicked persons: all men refuse their compa∣ny, come not neer them, nor discourse with them, lest the contagion hurt them, They receive no advantage by the Lawes of the Kingdome, nor are capable of any honour in it. At this day in some places Excom∣municate persons are interdicted the use of Common Pastures; in other places, a mulct is set upon their heads; therefore doth Luther justly call the greater Ex∣communication a Politick punishment. All this Jurisdiction or Imperative Cog∣nizance, * 1.297 Court and audience is deriv'd from the Highest Power. This was the meaning of the King of Britain, in that Law, All Authority of keeping Court, and all Jurisdiction as well Ecclesiasticall as Secular, flowes from the Regall Power, as from the Supreme head. And the Politia

Anglicana speaks thus unto King James; The Ecclesiasticall Jurisdiction is plainly the Kings; a prime, principall, and indivi∣duall part of your Crown and Dignity. The Ecclesiasticall Lawes are the Kings Lawes, nor doe they arise from any other fountain, but the King, nor are they preserv'd by any other Power but his. From the Royall Power, all Ecclesiasticall. Jurisdiction streams, by the Arch-Bishops and Bishops to the Judges Ecclesiasticall. Which is also the Bishop of Ely his meaning, when he saith, The Judge∣ments of the Church receive externall Au∣thority from the Emperour.

* 1.298 Having spoken of the acts, competent to the Churches and their Pastors, either by Divine or Humane right, the Designe of our Treatise carries us on to this consi∣deration; what acts, and how farre they may be exercised about him, who is endu∣ed with Soveraignty. The naked use of the Keyes, with that which adheres unto it by Divine right, hath place, no lesse about the King, than about the least of the peo∣ple: yea, is so much more necessary about Him, by how more there is in his sin, danger of contagion. Miserable is that Prince, from whom the Truth is concea∣led: and well did Valentinian, to exhort Ambrose, That he should proceed, according

to the Divine Law, to cure the soules infir∣mities. Neverthelesse, * 1.299 they are injurious to the Gospell, who under the name of the Keyes, cover their popular declamations, wherein they openly traduce the actions of the Highest Powers, that are either of am∣biguous Interpretation, or not at all known, or not certainly; and with much acerbity inveigh against them before the common people. This is a way to please the people, who being naturally jealous of their betters, lend a willing care, and an easic faith to such invectives; but 'tis not the way to edifie them. Hence, it is neces∣sary, that seditions follow or, which is the next step to Seditions, the Contempt of the Soveraign; nor without reason hath that most wise writer reckoned, Deubtfull speeches of the Prince, among the incen∣tives of popular Tumults. A wide difference there is, between the preaching of the Gos∣pell, and the use of the Keyes. The prea∣ching of the Gospel, being to all, is so to be attempered, that it may profit all; and concealing the persons, aimes only at the vices. It is an evill custome, to turn the Pulpit into a Stage, and the sweet voice of the Gospell, into the old reviling Come∣die. The antient Romans censur'd it as an unworthy thing, to accuse any man in such

a place, where he might not presently give in his Answer: as Cicero relates. But God, by an edict of his Law, hath especially guarded, not the life only, but the fame of the Highest Powers, when He said, Thou shalt not speak evill of the Ruler; Where manifestly, we must understand somewhat more to be forbidden, than what is unlaw∣full toward private persons; nor is the Law meant of Power abstractly, or the Ruler only, that governs well. Paul ap∣plyes that command to the High Priest Ananias, one that Judged contrary to the Law. Saul had grievously sinned; and Samuel in the severity of a Prophet de∣nounceth Gods wrath against him: yet be∣ing asked by Saul, to honour him before the Elders and the People, and not to leave him, He denies not the request. Nathan accus'd not David, guilty of Adultery and Murther, before the people, but comes un∣to himself; as it is credible the Baptist did to Herod, when he told him of his fault. So the antient Bishops and whole Synods, in publick alwayes speak with greates Re∣verence, even to the Pagan Emperours, and enemies of the Church, and to Con∣stantius the Patron of Arians. Neither did the Invective Orations against Julian come forth in publick, till after his decease.

The Prophets, I confesse, being Divinely inspir'd, did not alwayes observe this Rule. And no marvell, seeing God, who by the ministery of Prophets anointed Kings; who by Phineas, by Samuel, and by others, slew whom he pleased; and did many o∣ther things not allowed to private men; He also by the same Prophets set a mark of publick ignominy upon irregular Princes. For what is more true, than that nien spe∣cially inspired by God, to fulfill his Com∣mands, are by him released from the bonds of Law. Wherefore when Shimei openly upbraided King David with his homicide, David to excuse him found no∣thing else to say, * 1.300 but, It may be the Lord hath bidden him: intimating thereby, that only one way there was, to justifie evill language to the King, if God hath given any one some speciall Injunction for it. The Prophets themselves, when they were accused for raising sedition, take their de∣fence from nothing else, but a peculiar Command they had receiv'd from God. Truly, I doe not find, the Kings were thus traduc'd by the Priests, whose office was ordinary; * 1.301 as for the example of Zacharias the son of Joiada, in the Gospel, the son of Barachias, his Speech aymed not at the King, but all the people; and in a common

fault, he exhorted all to a common repen∣tance, moved thereunto by the Spirit of God. This we know; Christ hath granted to them, who have received injury from the Brethren, that, after they had admoni∣shed the injurious, first alone, and then be∣fore a few, they might in the last place bring the matter to the knowledge of some pious Congregation; * 1.302 Where, by the name 02 of Congregation or Church, learned men, and among them the famous Beza, not without reason, understand, not all the peo∣ple, but the Synedry; for, by the Septua∣gint, the word is given to every Company: and in Moses, by, all the Congregation, the Synedry of the Seventy Elders is signified, as Aben Ezra, and Rabbi Solomon have long since noted. This also we know, that the Corinthian, * 1.303 who had defiled himselfe with incest, * 1.304 was censured of many. We 02 know, that Timothy is enjoyned, to rebuke them that sin, before all, that the rest may fear. Which place seems, by that which goes afore, to be understood of Presbyters that sin, who in the hearing of the other Presbyters were rebuked by the Bishops. But although we understand it generally, it is certain, these indefinite Rules admit their restrictions and limitations according to the quality of the persons. An Elder,

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saith Paul, * 1.305 rebuke not, but entreat him as a Father, and the yonger men as brethren. Much more honour is due to the Sove∣raign Power, and to Magistracy, than to age. Adde here, which many have noted, and is congruent to the Custome of the antient Church, that the Prelats of the Church are not to bee reproved before the multitude; how much lesse the King: who is, (as Constantine said) constituted by God as it were an universall Bi∣shop?

* 1.306 Now as ignominious traduction, so all coaction too, against the Highest Power, is unlawfull; because, all right of com∣pelling proceeds from it, there is none a∣gainst it. That which is objected con∣cerning Uzziah, * 1.307 is answer'd by interpre∣ting the text according to the Originall, thus: And Azariah the chief Priest, and all the Priests looked upon him, and behold he was leprous in his forehead, and they made him hasten thence, yea also, himself was compelled to goe out, because the Lord had smitten him. By the Divine Law, it was not permitted for a leprous man to be in the Temple; the Priefts were there∣fore earnest in hastning the King away, because he was struck with leprosy, and the disease it self encreasing upon him

made him depart of his own accord, The Priest declares, God compels.

* 1.308 We have said what may be done by Authority of Divine Right; the rest, that hath been added by the Canons, either naked, or cloth'd with Law, as it may, wee confesse, to good purpose be used upon the Emperour sometimes; so, if he oppose it or forbid, by what right or with what prudence it may be used, we doe not see. For, that all Government, which a∣riseth from consent, is under the Supreme Command, and that all Jurisdiction is not only under it, but also floweth from it, is demonstrated afore; nor is that in question, that the Soveraign is not bound by penall Statutes. Whence the antient Fathers have interpreted that of David, To thee alone have I sinned, to be spoken, * 1.309 because he was a King; whence also is that note of Balsamon, to the twelfth Ca∣non of the Ancyran Synod. The Imperiall unction drives away penance, that is, the necessity of publick satisfaction. Meane while 'tis true, that Kings, to their great honour; as in Civill affairs to their Courts and Parliaments, so in Sacred they may submit themselves to Pastors even as to publick Judges. For it is current, * 1.310 saith Ulpian, and a thing in practise, that if the

greater or equall subject himself to the Ju∣risdiction of the other, sentence may bee given, for him, or against him. But this subjection, because it depends upon the Kings will, and may be revok'd at pleasure, diminisheth not a jot of his Supreme Com∣mand, as it hath been proved by very learned men. Whether or no it be expe∣dient, that a King should suffer this Ju∣risdiction to be exercis'd upon him, is wont to be disputed. They that affirme, shew how by this submission of Kings, much strength & Authority accrueth to the Discipline of the Church. 'Tis true, and spoken to the purpose, As the Princes, so will the People be, and the Rulers example hath the sweetest influence. But, for the Negative it is said, That the Common-wealth stands by the Autho∣rity of the Governour, and (as Aristotle) the consequence of contempt is dissolution. Certainly, if any credit may be given to them, that have recorded the affairs of the Emperour Henry, and among them to Cardinall Benno, the Rise of his calamity was, that publickly, with lamentable pe∣nance, naked feet, and course apparell, in an extreme cold winter, he was made a spe∣ctacle of men and Angels, and at Canu∣sium, for the space of three dayes, endured

the scorne of Hildebrand. A difference therefore must be made, between those things which are needfull to the publick profession of repentance, and the more grievous and ignominious punishments. To the former some of the Emperours, before Henry, rare examples of Christian meeknesse have yielded willingly: but Henry was the first of all, upon whom any thing so ignominious was imposed, or any thing at all without a voluntary sub∣mission. And Hildebrand, or Gregory VII. was the first of all the Popes, that took upon him so great a boldnesse toward the Imperiall Majesty, as Onuphrius tels us; who also saith, that the Kings and Emperours, who either upon just or unjust cause exempt themselves from these Posi∣tive censures, are to be resigned up to the Judgement of God. And so the Kings of France, for many ages, have challenged to themselves this right, That they can∣not be excommunicated. * 1.311 In what fort a Pastor, without such coaction, may satis∣fy his conscience in the use of the Keys, Ivo Carnotensis hath declared: Let him say to the Emperour, I will not deceive you; I permit you at your own perill to come into the visible Church; the Gate of Heaven, I am not able to open for you, without a bet∣ter reconciliation.

* 1.312 It remains now to shew, what is the Right and Office of the Highest Power, about those actions, which we have as∣cribed unto Pastors and Congregations. And first, as to those actions, which by the only Right of Liberty, and Privilege of Divine Law, are exercised, seeing by them also injury may be done to others, it is certaine, they are comprehended within the sphere of the Supreme Juris∣diction. For, not only the Actions, which proceed from the Authority of the Highest Power, but all Actions whatsoever, ca∣pable of externall morall goodnesse or evilnesse, are called to the judgement of the Highest Power. If married persons performe not to each other, what the Law of Matrimony requires; and if the Master of a Family neglect his charge; in these cases, the Courts of Justice are of use. Of all evill, the Power is ordein'd the Avenger. One among evils, and not the least, is the abuse of the Keys, and unjust separation, or denegation of the Sacraments. * 1.313 There is an Impe∣riall Law, prohibiting the Bishop, that hee Sequester no man from the Holy Church, or the Communion, unlesse it be upon just ground. And Justinian in his Novell, forbids all Bishops and Pres∣byters,

* 1.314 to segregate any one from the Holy Communion, before cause bee shew'd wherefore the Sacred Rules will have it to be done. Mauritius the Empe∣rour commands Gregory the Great, to embrace Communion with John of Con∣stantinople. In France, the antient usage was by seizing on their Lands, and other wayes, to compell the Bishops to the Ad∣ministration of Sacraments. And the Princes of Holland have often layd their Commands upon the Pastors to execute Divine service. Much more then, may the Highest Power challenge this right over such Actions, as have their force, not by Divine, but Canon Law. For, un∣der the pretext of Canons, it sometimes happens, that the Canons are violated; and 'tis possible, the Canons themselves may be exorbitant from the Divine pre∣scriptions. If either be, the Highest Pow∣er cannot deny the Plantifs, to take know∣ledge of the case. Now concerning those actions, which flow from Humane Law, and oblige men whether they will or no, and draw after them coaction, there is much lesse cause of doubt. For all Ju∣risdiction, as it flows from the Highest Power, reflows unto the same.

But as it is a part of Jurisdiction, no••

only to Judge, but to appoint Judges, so belongs it to the Highest Power to doe both. * 1.315 Thus Ama••••iah, and the other 02 Priests with him are constituted Judges by Jehoshaphat. * 1.316 Neither can be shewed more evidently, the Jurisdiction of the Supreme in this kind of causes, than that all degrees of appealing depend upon his pleasure. Otherwise, why doe the Pa∣stors of England appeale unto this or that Bishop, all the Bishops unto the two Arch∣bishops? And there is the same subordi∣nation of the consistories, Classicall, and the Nationall Synods. Nor is the last terme of appealing limited by any Law Natu∣rall or Divine. Wisely said the King of Britaine, in his judgement every Christian King, Prince, and Common-wealth have it in their Power, to prescribe unto their sub∣jects that externall forme of Government in Church affairs, which may suit best with the forme of Civill Government. And truly, of old, it was so done by the Chri∣stian Emperours. Otherwise, whence came that so great Prerogative of the Constantinopolitan Church? Whence had the Synod of Chalcedon power to a∣brogate the acts of the second at Ephesus? Now as in Civill businesses, the judge∣ment

is permitted by the Highest Power, * 1.317 for the most part, to the appointed Courts, and at last, upon Petition against the grea∣test of them, the matter is referr'd to men most skilfull in the Law; or, more rare∣ly, the Highest Power it self advising with learned Counsell gives finall judgement; but very seldome upon suspition of some Court, cals forth the cause unto it self: so also in these controversies about Sacred things, it hath been most usuall by the ordinary Synods, and, upon appeal from their decree, by a certaine Assembly cal∣led for the purpose, to put an end unto them; it hath been lesse usuall, yet some∣times usefull, for the Emperour himself to judge of the Religion and equity of the former Judges. Thus in the case of the Donatists, after a double judgement of Bishops, Constantine did; who although he approved not the appeale, yet he re∣fused not the tryall of it. But this is some∣what more rare, and yet not without right, that, if a Synod upon probable causes be declined, the Highest Power cals the cause before it self, and weighing the opinions of most eminent Divines, pronounces what is most equitable. * 1.318 The Synod of Antioch prohibits him that complains of injury received from a Synod, to trouble

the Emperour with the hearing of his Case, so long as the matter may be recti∣fied by a greater Synod. Yet this takes not from the Emperour the Power to heare the cause, if it be brought before him. Moreover, the modesty of the an∣tient Bishops hath attributed Power to Kings, not only to examine the right or wrong of Excommunication, * 1.319 but to par∣don also and abate the punishment there∣of, for so much as belongs to Positive Law. Ivo Carnotensis, a Bishop, and a stout desender of the Churches right a∣gainst Kings, was not afraid to write un∣to his fellow-Bishops, that he had recei∣ved a certain person into Communion, in contemplation of the Kings favour to him, according to the Authority of a Law, that saith, whosoever the King receiveth into grace, and admits unto his Table, the Priests and Co gregation must not refuse. The Kings of France, and the Vindicators of the Regall Right, the Judges of the Su∣preme Courts, have often constituted and decreed, that publike Magistrates, by oc∣casion of that Jurisdiction they exercise, are not subject unto those Ecclesiasticall penalties. So in the Decrees of Hungary, of the year 1551. the Ecclesiasticks are forbidden to send out, without the know∣ledge

and permission of his Majestie, any sentence of Excommunication against the Nobles of that Kingdome. And in an an∣tient Law of the English it is read, that none of the Kings Ministers be Excommu∣nicated, unlesse the King be first acquain∣ted with it. Which I see the Princes of Holland have thought sit to imitate; for the same was promulged by Charls the Fift, by his edict in the year 1540. Ne∣verthelesse, such use of the Keys as is congruent to Divine Law, and such in∣junction of penance as is consentancous to the Laws and Canons, the Highest Pow∣ers are wont to approve. And this is the Imperiall Anathema mentioned in sun∣dry of Justinians Laws. We conclude, that Christian Powers at this time, doe not innovate, which will not, unlesse upon causes approved by themselves, suffer Excommunication, being joyned with publick shame, to proceed unto effect; which by their command inhibit censures manifestly unjust; for it is their Duty, to save every one from injury, and to keep the Church from Tyranny.

CHAP. X.

Of the Election of Pastors.

REmains that part of Empire, which, as we have said, consisteth in assign∣ing Functions. * 1.320 The perpetuall Fun∣ctions in the Church are two, of Presbyters and Deacons. Presbyters, with all the antients, I call them that feed the Church, by preaching of the Word, by Sacraments, by the Keyes; which by Di∣vine Law are individuall. Deacons, which in some sort serve the Presbyters, as the Levites did the Priests of old. To this or∣der are referr'd the Readers, who were in the Synagogues, as the Gospel and Philo shew, and were retained in the Church, as appears by History, by the Canons, and by the writings of the Fathers. In the Gos∣pel, he that keeps the Book is call'd the Minister, which is even all one with Dea∣con: and the same appellation is given by the Synod of Laodicea to the Deacons of of Inferiour degree, which were afterward called Subdeacons. But the most laborious part of Deaconship is about the care of the poore. Presbyters, the antient Latin Church translated Seniors. Deacons, I think, cannot otherwise be stil'd, than Mi∣nisters:

although there be some, who, as their manner is in other things, had rather carp at this, than acknowledge it to be true. I am deceiv'd, if Plinius Secundus did not understand both Greek and Latin; yet he, relating the Institutes of Christi∣ans, rendring word for word, names them Shee-Ministers, whom Paul entitles Shee∣deacons, and the Church afterward Dea∣conesses. Now, as the Levites could doe nothing, but the Priests might do the same; so is there nothing in the Deacons functi∣on, which is excepted from the function of the Presbyter: because the Deacons were given to the Presbyters as Assistants in lesser matters. Before Deacons were or∣dained, one of the Apostles, Judus Isca∣riot was Treasurer of the Lords mony; and after him, all the Apostles for some time distributed their allowance among the poor, untill the contention risen among the Widows, and the greatnesse of their other employments enforced them to use the help of others. And yet, the Institution of Deacons did not so acquit the Presby∣ters, but they had still the poor under their inspection. Hence were the Bishops chief∣ly trusted with the dispensation of the Churches mony, and that with so full a Power, as to be unaccountable, but to use

part of it for the necessities of themselved and other men, and to deliver part to the Presbyters to be disposed among the poor: * 1.321 as appears in the Canons which are entitled Apostolicall, and in the Synod of Antioch. Unlesse the antient Custome had been so, in vain had the Apostle comman∣ded a Bishop to be hospital; in vain had the Antiochian Collections been deliver'd to the Presbyters at Hierusalem.

Now concerning the Constitution of Presbyters, * 1.322 whose function is principall 01 and most necessary, we must note four things that by many writers are not accu∣rately enough distinguished; The first is, the faculty it self of preaching, of admi∣nistring the Sacraments, and using the Keyes, wich we will call the Mandate; a second thing is, the application of this fa∣culty to a certain person, which by the re∣ceived word we will stile Ordination; a third is, the application of this person unto a certain place or Congregation, which is called Election; the fourth is that, whereby a certain person in a certain place exerci∣seth his Ministery under the publick prote∣ction, and with publick Authority; and let us call this, if you please, Confirmation.

The first is to be distinguished from the second. To illustrate this with a Simile:

The Husbands power is from God; the application of that Power unto a certain person proceeds from consent; whereby yet the right it self is not given. For, if it were given by consent, by consent also might Matrimony be dissolved, or agree∣ment made that the Husband should not rule over the Wife; which is not true. The Imperiall Power is not in the Ele∣ctors; therefore they doe not give it: yet they doe apply it to a certain person. The Power of life and death is not in the peo∣ple, before they joyn together in a Com∣mon-wealth; for a private man hath no right unto the Sword: yet by them it is ap∣plied unto a Senate, or single person. Christ, without controversie, is He from whom that right of Preaching, of exhibi∣ting the Sacraments, and of using the Keyes, doth arise and receive its vertue. He also by his Divine providence, as he preserves the Church, so procures, that the Church may not want Pastors.

The second differs as much from the third, as for a Physician to be Licensed to practice Physick, and to be chosen Physi∣cian to such a City: or, for a Lawyer to be admitted to the honour of that Profession, and to be made a Syndic of some Corpo∣ration. These two have been ever distinct,

and sometimes sepatate. The Apostles were truly Presbyters, and so they call themselves; for the greater Power in∣cludes the lesse; yet was not their Injun∣ction appropriate to any certain place. The Evangelists also were Presbyters, but to no place bound. And so, long after, was Pantanus ordained by Demetrius, * 1.323 Bishop of Alexandria; Frumentius, by Athanasius, and were sent to preach the Gospell through India; Which in our time hath been also done; and would it were done more carefully. Indeed the 6. Canon of the Synod at Chalcedon forbids Ordinati∣on absolutely, or, without a title; but this is not of Divine Law or perpetuall, but positive, and such as admits exceptions. The reason of the Cannon was, lest by too great a number of Presbyters the Church shall be burdened; or, the Order it self grow cheap, and vile. The London Synod excepteth fellowes of Houses in both Universities, and Masters of Art li∣ving upon their own means, and who are shortly to undertake some cure. If the Bi∣shop ordain any other, 'tis at his own perill, to keep them from want, untill they are provided for. Therefore Election, that is, assignation of a certain place, and Ordina∣tion are not alway joyn'd together, and

when they are, they are not the same.

Which is farther proved, because they that are translated from place to place, must be chosen again, but not again ordai∣ned, which they must be, if either Electi∣on and Ordination were the same, or Or∣dination a part of Election. Besides, it will appear that Election was made by men of sundry sorts, but Ordination only by Pa∣stors, * 1.324 and antiently by Bishops only. Hence Paul writing to the first Bishop of the Ephesians gives him Admonition, That be lay hands on no man suddenly. And the most antient Canons entituled Apostolical, require, that a Presbyter be ordained by a Bi∣shop, but a Bishop not without two or three Bishops. Which Custome, if seems, came from the Hebrews: for the Senators of the Great Synedry could not be ordain'd, but by three Priests; and that by imposition of hands, as is noted by the Talmudists. Without question, this manner was most holy, and for the conservation of sound Doctrine most commodious: when none was admitted to teach the people, but he first receiv'd Allowance from the appro∣ved Doctors of the same Faith. Pastors therefore ought to ordain Pastors; nor is this their office, as they are Pastors of this or that Church, but as Ministers of the

Church Catholick. For, saith Cyprian, There is but one entire Episcopacy, whereof every one is a partaker. Hence it hath been alwayes held, that the Baptism is of force, given by a Presbyter without the limits of his peculiar Charge.

Nor is it materiall, whether the Electi∣on precede the Ordinarion, or be conse∣quent to it; for, when it precedes, it is a conditionate, not plenary Election: which the Canons of later times have called Po∣stulation. * 1.325 Over this Ordination the High∣est Power hath an Imperiall inspection and care. Justinians Constitutions are ex∣tant, of the Ordination of Bishops and Clerks; and other Lawes of others, which prescribe the age and standing of men to be ordained. Lawes of good use, and fit to be reviv'd for the prevention of the Churches ruine, through the rawnesse and ignorance, and inexperience of her Teach∣ers: according to that out of the old Poët:

What lost your state, founded on so good Rules? The publick charge was given to boyes and fooles.

The fourth member of our distinction, Confirmation, differs as much from the third, as the Church considered by it self, differs from the Church publick. Tis per∣tinent here, that Ezechiah is read to have

Confirmed the Priests; * 1.326 that Pastors are de∣fended by Lawes and Armes; that some Jurisdiction or Audience is attributed to them; 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 Confirma∣tion 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 Electi∣on, that is, the Application of the Person to the Place, or of the Place to the Person.

That we may handle this question ex∣actly, * 1.327 we must have recourse to that di∣stinction set down afore. * 1.328 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 E∣lection of a Pastor, in any place whatsoe∣ver, belongs to the Church or Congrega∣tion 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; * 1.329 if the Divine Law hath not prescribed a certain way of elect∣ing, 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 Na∣ture, he cannot: for no reason persuades it, and like examples shew the contrary. So, many Nations, who are under the Com∣mand of the best men, or of hereditary Kings, may not now Elect their King, be∣cause, that which Nature did permit, might be chang'd by Humane Law, and hath in∣deed been chang'd. He must then have re∣course to Positive Law, which he will ne∣ver 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. * 1.330 Nay more, not only many things, grounded upon examples of the Apostles time, but also some things Instituted by the Apostles, use hath alte∣red 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 re∣stor'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 Institu∣ted, that Baptism should be celebrated by immersion, which by aspersion is now per∣form'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 far∣ther, it appears not out of the whole Hi∣story of the New Testament, * 1.331 that Pastors were Elected by the people: that the man∣ner 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 rea∣son. 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 Colle∣ctions

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, * 1.332 in the administra∣tion of so copious munificence. For the like cause, was the election of Deacons, remitted by the Apostles to the multi∣tude, 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; * 1.333 the people being some∣times consulted with, and sometimes not.

To proceed with the Pastors: the Prin∣ces 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 Fa∣ther. So, them that were in the next de∣gree to Apostles, the LXX. Evangelists, Christ himself appointed.* 1.334 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; * 1.335 and that is pertinent, * 1.336 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 Apo∣stles had made Governours of the Chur∣ches. * 1.337 So Timothy was admitted to his charge according to the prophecies which went before on him: that is, saith Theodo∣ret, by Divine revelation: not by Humane suffrage, saith Chrysostomo. And Oecu∣menius generally of that age, By appoint∣ment of the Spirit were Bishops made, not in a common way. Hence Paul in his ora∣tion to the Presbyters of Ephesus, tels them, * 1.338 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 signi∣fied 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 insti∣tution, doubtlesse, of the sons of Noah. This illustrates the History of Matthias: * 1.339 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 Mat∣thias, 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; where∣fore, that which follows, is not to be ren∣dred, He was chosen by the suffrages of all, (for who can believe, that the people were call'd to give their votes, after the Di∣vine election, unlesse Gods pleasure ought not to stand, without their good liking;) but, He was numbred with the eleven A∣postles, as the Syriac and all the antients have interpreted.

* 1.340 So, there is another word in the Acts, wherein some are more subtile, than is necessary. The Apostles are said to have commended the faithfull Lycaonians to God, with prayer and fasting, after they had ordained them: Presbyters in every Church. This ordaining is expressed by a Greek word, in whose Etymology some have found the suffrages of the people. And 'tis true, that both at Athens and in the Cities of Asia there was a Custome of giving suffrages with the hand stretched forth. And if we were delighted with that subtilty, 'twere easy to interpret the word of the Apostolicall Imposition of hands or Ordination, for he that imposeth hands must needs stretch them forth, and the next writers after the Apostles use the word in this sense. But indeed, neither the Evangelists, nor other Greek Authors are so curious in their words; yea there is scarce any word which hath not enlar∣ged its signification, beyond the originall meaning. Againe, if Luke in this place would have signified a popular election, he would not have ascribed the word, ordained, to Paul and Barnabas, as hoe doth, but to the multitude. Therefore Paul and Barnabas doe the same thing here, which in another place Paul would

have Titus doe, * 1.341 that is, or daine Presbyters in every City. That which Titus is comman∣ded to doe, by the precept of the Apostle, the same doth the Apostle here, being so authoriz'd by the Spirit of God, that he needed not the assistance of the people. Lastly, the fasting and prayers did not pre∣cede the Ordination, but intervened be∣tween it and the Valediction; that it is strange, this should be drawn into an argu∣ment of popular election, when as, if the prayer and fasting of the people had prece∣ded, this were nothing to the purpose. For, the people may also fast and pray to God, that the election of a King to be made by the Electors, may be prosperous and hap∣py; yet are not the people therefore the Electors.

* 1.342 I have seen them, who would assert Election to the people by Divine and im∣mutable right, upon this ground, that the people hath from God a precept to avoid false Pastors. But these men doe not ob∣serve, that this argument, if it have any force, proves Election to be the right not of the multitude only, but entirely of every single person. For all, and every one, must avoid false Pastors, with all care. And so must every sick man take heed of a rash Physician: but no man will therefore say,

that the City Physician is to be chosen by the Plebeians. This may rightly be col∣lected thence, * 1.343 before election can come unto effect, the people, and every one a∣mong the people, must have power to allege causes, if they have any, wherefore he, that is proposed, ought not to be e∣lected. For Paul having spoken of Bi∣shops, and passing unto Deacons, saith, * 1.344 And let these also first be proved, where, requiring that to be observ'd in Deacons, which was to be observ'd in Bishops, there is no doubt but he would have Bishops to be proved, especially seeing he said afore, that they must be blamelesse. Among the Athenians, there was a probation of their Princes, the forme whereof was this: * 1.345 What Parents and fore-Fathers they were ex∣tracted from, of what tribe they were, of what estate, what service they had done the Common-wealth. So, if a Pastor were to be elected, it was justly granted every one to enquire, what his behaviour was, how married, what his children were, and the rest which Paul would have ob∣served in a Pastor. This is that in the Councill of Chalcedon, * 1.346 Let the name of the ordained be publisht; for so Lampridius hath exprest it, in the life of Alexander Severus: When he appointed Governours

of Provinces, he publisht their names, ex∣horting the people, if they had any thing against them, they should bring in their evidence; for he said, it was a great gra∣vamen, not to doe that in choosing Rectors for Provinces, which the Christians and Jews did, in publishing the names of such as are to be ordain'd. This is indeed a Lu∣culent Testimony of the old fashion of Christians, not much distant from the Apostolicall time. For between the de∣cease of John the Apostle, and the Reign of Severus, are about a hundred years and ten. But this place is so far from evincing the Christian Priests to have bin chosen by the people, that hence you may rather conclude the contrary. For 'tis one thing to be admitted to prove crimes or impe∣diments, another thing to elect. Severus did propose unto the people the Gover∣nours names: but that they were elected by the Emperour himself, no man, that hath read History, will doubt. Yea, 'twas needlesse to propose the Priests unto the people, if the people did elect them. It is most certaine, in the antient Church, af∣ter the Apostles age, although by right the people might choose their Pastors, that was not every where observ'd, but the people abstained very often from ele∣ction

by reason of the incommodities of popular Voting, retaining in the mean time the right of probation. * 1.347 And this is the sense (if it be rightly weighed) of Cypri∣an's Epistle to those of Spain; wherein some lay the chiefe foundation for Electi∣on by the people; for he doth not precise∣ly say, The people have power of choosing worthy Priests, but either of choosing worthy, or refusing the unworthy. Either is suffici∣ent for Cyprian's purpose, that an unworthy person may not creep into the place of a Priest. And in the following words, hee doth not say, a Priest is to be chosen by the people, but the people being present. Why so? that a fit and worthy person may be approv'd by the publike testimony and judge∣ment; And a little after, that the people be∣ing present, either the crimes of evill men may be detected, or the merits of good men commended. How so? Because the people most perfealy knowes the life of every one, and hath best experience of his conversation. Neverthelesse, the same Cyprian in the same place declares, that, to choose a Bishop in the presence of the people was not a thing of universall Custome. It is held, saith he, among us, and in all the Provinces, almost. How weak the arguments are, which he allegeth out of Scripture, to

prove the peoples presence necessary, hath been shew'd by others. And the cause he brings hath hardly place, but where the Pastor of a City is to be chosen out of the people or Clergy of the same. But, that Elections were not alwayes made by the people, appears even out of Cyprian him∣self, in another Epistle, which is likewise thought to favour popular suffrages. In Ordinations of the Clergy, most dear bre∣thren, we are wont to consult with you afore, and by common advise to weigh the manners and merits of every one: but humane Coun∣sells are not to be waited for, when the Divine suffrages doe lead the way; Aurelius our bro∣ther, an illustrious young man, is already ap∣proved by our Lord, and called by God, &c. And then, Know ye therefore, most beloved brethren, that He was ordained by me, and my Collegues that were present. He saith, He was wont to consult with the people; that they were alwayes to be consulted with, he saith not: yea, by his example he shewes the contrary; for He with his Bishops had promoted Aurelius, the peoples advise be∣ing not required. Hee setteth down the cause: the people is advised with, to give testimony of life and manners: but Aure∣lius had a sufficient testimoniall from his twofold Confession, which Cyprian calls a

Divine suffrage. By the same right, Hee declares to his Clergy and people, by epi∣stle, that Numidicus was to be ascrib'd to the number of the Carthaginian Presby∣ters, and that he had design'd the like ho∣nour for Celerinus.

* 1.348 That in Africa other Bishops also had right of Electing Presbyters, the saying of Bishop Aurelius in an African Councill sheweth; The Bishop may be one, by whom, through the Divine grace, many Presbyters may be constituted. And, that the testimo∣nies of the people were not alwaies desi∣red, is manifest in the third Carthaginian Councill: the words of the Canon are, That none be ordained Clerk, * 1.349 unlesse he be approved, by the testimony either of the Bi∣shops, or of the people. Wherefore, two wayes lead one to the Clergy, Popular te∣stimony, or Episcopall examination. Whence Jerom to Rusticus; When you are come to perfect age, and either the people or the Prelate of the City shall elect you into the Clergy. And in another place; Let Bishops hear this, who have power to Con∣stitute Presbyters through every City. Yea, the Laodicean Synod, whose Canons were approved by a Councill O••cumenicall, re∣jecteth popular Eclections: Upon which place Balsamon notes, that the most antient

Custome of popular Elections was abro∣gated by that Canon, for the incommodi∣ties thence arising: as he also notes upon the xxvi. of the Canons Apostolicall, that Presbyters were of old chosen by suffrages, but that custome was long since expired.

* 1.350 Now let us proceed to the Election of Bishops, a thing of so much more moment, than the former, by how much more care of the Church was imposed on the Bi∣shops, than on the meer Presbyters. No man denies them to have been chosen by the people, that is, by the Laity and the Clergy, after the Apostles time: but, this to have been of right immutable, no man can affirm. For, to passe by the ex∣amples of them that have been constituted Successors by the deceasing, Bishops; it is a thing of most easie proof, that Bishops were very often chosen, either by the Clergy of their City alone, or by the Sy∣nod of their Comprovinciall Bb. For the right of the Clergy, the place of St. Ferom is remarkable: At Alexandria, from Mark the Evangelest, unto Heracles and Diony∣sius the Bishops; the Presbyters alwayes na∣med one to be Bishop, chosen out of them∣selves, and placed in a higher degree. Na∣xianzen speaks ambiguously; He would

Elections were permitted, either to the Clergy alone, or chiefly to them; for so lesse evill would befall the Churches: yet withall he shewes, this was not observ'd in his time, but the suffrages of the richest and most potent men, yea, the Votes of the people too, had the stroke in Elections. But, the Election made by the Compro∣vinciall Bishops is approved by the great Nicene Synod, * 1.351 without any mention of the people. Whereunto agrees the Antio∣chian, adding this, * 1.352 If any contradicted such Election, the suffrages of the greater part of Bishops should carry it. Yet I deny not, in many places, even in the time of these Synods, the people also had their Votes: but the custome was not universall. It was free, untill the Synod of Laodicea was confirmed by an Universall Councill: the xii. Canon whereof, following the Ni∣cene and Antiochian, gives the right of E∣lecting to the Comprovinciall Bishops: the xiii. expresly takes away all Sacerdo∣tall Elections from the multitude. Justini∣nian also hath excluded the common peo∣ple from the Election of Bishops, and com∣mitted it namely to the Clergy, and the prime men of the City. By the prime men he means the Magistrates and Officers. Among many named, the designation of

one he committed to the Metrapolitan: yet so, that, if there were a scarcity of able men, the Election of one, by the Clergy and principall men, might stand. Not∣withstanding this Constitution of Justini∣an, (which did not long outlive him,) soon after, there was a return to Synodicall E∣lections: which Balsamon relates were usu∣all in the East in his time also; with this exception, that the Metrapolitans were chosen by the Patriarchs, the Patriarchs by the Emperours.

* 1.353 Wherefore we conclude, it is neither pro∣ved out of the Scripture, nor was it be∣liev'd by the antient Church, that the Ele∣ction either of Presbyters, or of Bishops, did immutably belong unto the people. Of this judgementa also, they must needs be, whosoever have transferred the Election to the Presbytery; for, were it of Divine and immutable right that the Multitude should Elect, the election could not be transferred to the Presbytery, more than to any others. Neither were the Compro∣mise of any value, which we read was of∣ten made concerning Election, if it be de∣termined by Divine Precept, that the com∣mon people must choose the Pastor; for that sentence, What a man doth by another, bee seems to doe by himself, pertains only to

those actions, whereof the next efficlent cause is undetermined by Law. Certainly, the very same thing, that wee say, was judg'd against Morellius at Geneva, that is, in that City, wherein great honour, great right belongs unto the people; which De∣cree, the most learned Beza defending, That the whole multitude, saith he, was call'd together, and gave their Vote, was neither essentiall, nor perpetuall. In the same place, he thinks it sufficient, if the common people be allowed to bring in reasons, why they are displeas'd at the E∣lection, which reasons afterward are law∣fully to be examin'd. Beza himself com∣mits the Election to the Pastors and Magi∣strates of the City; which is congruent e∣nough to Justinian's Law, but is not of right Divine and immutable; for how can that be prov'd if Ordination and Confir∣mation be rightly distinguisht from Electi∣on. And the antient Church was of ano∣ther mind, permitting to the Bishop the Election of Presbyters, and of the Bishop to the Comprovinciall Bishops. Where∣fore. the manner of Election is of the num∣ber of those things, * 1.354 that are not specially determined by Law Divine, but only un∣der generall Rules, which command all things to be done in the church for edifi∣cation

in the best order, and without con∣fusion. But in all things of this nature, those generall rules remaining safe, wee have demonstrated afore, Legislation be∣longs to the Highest Power. Bullinger, a man of a very sharp judgement, is of the same mind, who having alleged many ex∣amples of popular Election, inferrs thus; * 1.355 Yet I will not thence conclude, that the right of electing Bishops, is to be reduced to the promiscuous Votes of the common people; for, whether it be better, that the Bishop be design'd, at the meeting of the whole Church, or by the suffrages of a few, no right Con∣stitution can be prescribed to all Churches: for severall Countries have severall Laws, Customes, and Institutes. If any in whom the right is, abuse it by Tyranny, they are compelled into order by the Holy Magistrate, or the right of designing Ministers may be transferr'd from them to others: for it is sufficient, that some Elders performe that office of Electing, upon command of the King or Magistrate, by the advise and Coun∣sell of men who understand what the fun∣ction of a Bishop is; what is the condition of that Church or People, over which a Pastor is to be appointed; who also can judge of the endowments, the learning and manners of every one. By this right, Justinian, as we

have said, Constituted a manner of Elect∣ing, somewhat receding from the former usage, and the antient Canons; by this right, after the Nicene Canon, were many Bishops elected by the Clergy and the People. The Lawes of Charles the Great, and other Kings, are extant, containing di∣vers wayes of Electing, so that Bucer said most truly, The form of Election is pre∣scribed by pious Princes.

* 1.356 Let us now consider, whether the High∣est Power it self may make Election: the question is not, whether it ought to make it; nor, whether it be alwayes expedient to doe so, but, whether, if it doe make Ele∣ction, it commit any offence against the Law Divine. We say, with the excellent Marsilius Patavinus, The Law-giver or Prince is not, by any Law of God, prohibited from the Institution, Collation, or Distribu∣tion of Ecclesiasticall offices. Whosoever affirm the contrary, doe accuse of impiety, innumerable pious Princes of antient and of this age; which truly is a point of great temerity, when no Divine Law can be produced to prohibit it, as hath been abundantly by others, and by us in some part demonstrated. Although this might suffice (for whatever is not circumscrib'd by Divine Law, is within the sphere of the

Highest Power:) yet, for the desending of our sentence, both reasons and exam∣ples are in readinesse.

* 1.357 The first reason is taken hence, that all actions, even those that naturally belong to others, not having causes determined by nature, we see are rightly exercised by the H. Power. Naturally men choose teachers for their children, and give them Guardi∣ans; sick persons make use of what Phy∣sician they please; Merchants elect the Curators of their Company: Yet in many places, Guardianship is appointed by Law alone, or the will of the Magistrates; Phy∣sicians are constituted by publick Order, and Informers of Youth too, with inter∣diction of others from the practice of those faculties; and to the Commanies of Mer∣chants are fit Curators also appointed by the Highest Power, without blame of any any, But, if this right be competent to the Highest Power, over those things, which did belong to every one, much more over those things that belong unto the People; because, the power of the people is devol∣ved upon it, as all men know, that have any knowledge of the Lawes. That sometimes there may be just causes, why the H. Power should challenge to it self the Election of Pastors, no wise man will deny. For often

errours introduced into the Church against the word of God, cannot be rooted out by other means; often, there is no other way to avoid Schism; often, the suffrages of the Clergy are disturb'd with factions, popular election with seditions; whereof are extant many examples, even of the purer times. Adde in the last place, that the times are now and then so boisterous, that the King will hardly keep the Crown upon his head, except hee have a care, the Pastors may be most obedient and faithfull to him. Verily, all Histories doe witnesse, how dearly the German Emperours paid for their abdica∣tion of this Imperiall Right.

* 1.358 That we may come to Examples, it hath been shewed afore, that before the Mosai∣call Law, and afterward among the Nati∣ons without Judaea, Kings themselves en∣joyed the Priesthood, the Divine Law not then forbidding it: at which time, there can be no doubt, the Priesthood might also have been committed by them to others: as we read the Pontifs and Flamens were created by the Kings of Rome. But, among the Hebrew people, after Moses Law, no man, except of Aarons family, could be admitted to the office of a Priest; nor to the service of the Temple, * 1.359 unlesse he were a Levit. Hence, is Jeroboam justly blam'd,

for choosing Priests who were not Levits, for the Law did not allow it; nor was it in the King, to command Sacrifices to be of∣fered, in any place but the accustomed, which, after David, was Jerusalem. Other Functions, or the places for them, the King might assigne to the Priests and Levits. So were some Levits appointed by David for preaching, others for singing. And, that there should be Singers with Harps and other Instruments, was God's precept by the Prophets: as the application of per∣sons to the severall offices is every where attributed to David, under the name of King; and after David, to Solomon: and Jehoshaphat, the King, not the Prophet, by name electeth Priests and Levits, whom he might send forth to the Cities of Juda to instruct them. The very same thing that is here debated. * 1.360 For, as some Fathers were of opinion, the right of blood in the Moisaicall Law, is correspondent to the Imposition of hands in the Christian Law. As then, the Hebrew King may apply cer∣tain persons; to a certain office and place, but only such as were of Aarons family and Levits; so the Christian King rightly makes a Presbyter or Bishop of a certain City, but of them which are ordain'd, or to be ordain'd. And so did Nehemia's

Lieutenant to the Persian King, leave some Levits in the particular Cities, others hee called forth unto Jerusalem. Yea, the High Priest attained not that dignity by Succession, but Election of the great Sy∣nedry, yet confined unto certain families (which Election seemeth to have been the regall right, when the Kings reigned) the most learned of the Hebrews Maimonides hath observed.

* 1.361 But let us proceed with the Christians. Before Constantine, no man will wonder that no Christian Pastors were elected by the Emperours, when the Emperours ei∣ther were enemies to the Church, or had it in contempt, and accounted it not worthy of their care. Constantine gave the force of a Law to the Nicene Canon, of Electi∣on to be made by Bishops, other Empe∣rours after him did the like, either by re∣newing the Canon, or not abrogating of it. And, 'tis manifest, this manner of Electi∣on was long in use; the Empire being of greater extent, than that the Emperours diligence could provide for all the Chur∣ches. Notwithstanding this, it was lawfull for the Emperours, if they pleased, to E∣lect by themselves. For, seeing it is from the Highest Power, that the Canon hath the force of a Law, no marvell, if the

Highest Power, upon just causes, may re∣cede from that Law, either in the whole, or in some particular case. For Lawes are wont either to be abrogated, or temper'd and limited by the Law-givers, as afore is shewed. Yea, there is no need of abrogati∣on or solution of the Law, when as the Lawyers agree in this, that, by the generall words in the Law set down, the right of the Highest Power is never conceiv'd to be excluded. 'Tis true, the Examples of Elections made by Bishops prove, it is not necessary that Elections be made by the Highest Power; the Canons also shew, the same Elections are rightly made by Bi∣shops, with consent of the Highest Power: but neither of these is in question. The Question is, whether it be also lawfull for the Highest Power to make Election. That it is lawfull, we have the judgement of the best, both among the Emperours and the Bishops.

In the first Synod of Constantinople, Theodosius commanded the names of all that were proposed should be given to him in papers, reserving to himself the choyce of one. What can be more clear? One a∣mong all the Bishops propos'd Nectarius: the Emperour makes choise of him, and persisteth in it, against the will of many

Bishops; who, seeing the Emperour would not be remov'd, give place, and yeild him that reverence, which was due unto him, in a matter not prohibited by Law Di∣vine. Who sees not, this was done beside the Canons? for according to the Canons, the Emperour had no share in the Election, but here the Emperour alone electeth, that is, designs the person. The Bishops, as also the Clergy and people, approve of the Election. But, 'tis one thing to e∣lect, another to approve of the Election. The Bishops approve, because it was their Office, after Baptisme, to impose hands upon Neitarius, as yet a lay man and Catechumen. And hert too, we observe, the Canon was not followed: for accor∣ding to the Canons, a Catechumen, nor Neophite, could not be elected. The Clergy also, and the people doe approve: because to them belong'd the Tryal, which, how far it differs from Election is shew'd above.

Many examples we might alleage, of Elections not Cunonicall, but Imperiall. Why the Emperours themselves elected. we deny not they had peculiar causes; but this pertains not to the question of right, but prudence. Certainly, the Em∣perours believ'd it to be lawfull for them,

before they consider'd whether or no, it were expedient. For of things unlawfull, there ought to be no consultation. * 1.362 To say the cause hereof was some Divine reve∣lation or inspiration, in such an age of the Church, is a meer refuge of pertinacious ignorance: to say, the Domination of the Roman Bishops, was the cause of Impe∣riall elections, when as yet that Episco∣pacy was not turn'd into temporall Do∣minion, is to be quite mistaken in the or∣der of times. Nor yet can wee doubt, but the more Sanctimony abated in the Clergy, and Obedience was slackned in the people, the more just cause had the Highest Powers to vindicate Election to themselves. In the West, that Bishops were most often, and for a long time, ele∣cted by the most Christian Kings of France, without any suftrage of the peo∣ple or Clergy, is written in all the French Histories, as it were with Sun-beams. What was said of the Domination of the Roman Bishops, as if he had given occa∣sion to Kings to draw to themselves the Elections, besides that it is before answe∣red, cannot be applyed to the Bishops of France, and to those times, when the French Kings did not yet possesse Italy. Yea, on the contrary, because the French

Kings used this right in their own king∣dome, therefore also in Italy did Charls the great assume this to himself, that hee might not with lesse power governe Italy, than France and Germany. For, it is most truly observed by Godalstus and others, the De∣cree made in Pope Adrians time, pertains only to the Italian Bishops, when in other parts, the compleat right of Election was in Charls before. In vaine also, a recourse is had to the wealth of Bishop-pricks, & the Temporall Jurisdictions annexed to them; for even in the times of Charls the Great, and much more in the antient and purer times, Bishopricks were but poor and slen∣der, as is noted by that most searching An∣tiquary, Onuphrius. And for Jurisdictions, the Bishops, in Charls his time, had none an∣nexed to their Bishopricks: but this came into use at last, after the avulsion of Germa∣ny from France, when the Ottoes were Em∣peronrs in Germany. And, the Jurisdictions were so far from being the cause of Impe∣riall Elections, that, on the contrary, there∣fore were Jurisdictions granted unto Bi∣shops, because the Emperours were most assured of their fidelity, being chosen by themselves, and thought the custody of Ci∣ties might therefore most safely bee com∣mitted to them: as the same Onuphrius hath

observed. * 1.363 Some have been deceiv'd by the name of Investiture, Because the word is used of Fees especially, therefore have they thought all that is sayd of investitures of Bishops to belong to territories and Lands; which is a grosse ••rrour; for, to vest and to invest, are old words of German Ori∣ginall, that signify the collation of any right whatsoever: and are therefore found in old Authors applyed to all Offices both Civill and Ecclesiasticall. It appears by a passage in the life of Romanus Bishop of Rouen about the year 623. that Investi∣ture by the staffe was almost 300. years be∣fore Territories were given to Bishops; which began under Otto, the first Empe∣rour of that name. And truly, if Investi∣ture had been with respect to Civill Ju∣risdiction, it would have been by the Scep∣ter, Sword or Banner, as the manner of those times was, not by a ring and staffe. Wherefore, although the most Christi∣an Kings did not challenge to themselves imposition of hands, which maketh Pres∣byters; yet these two things they esteemed as their right, to joyn this man unto this Church, which is signified by the Ring; and to conferre upon him Jurisdiction Ecclesiasticall, that is, judgement concer∣ning Sacred affairs with a certaine publike

power, which is signified by the staffe. For to the King himself also, when he was first consecrated, together with the Scep∣ter was wont to be given a staffe. * 1.364 And by this, saith Aimonius, the defence of the Churches, that is, a power to maintaine Religion, was deliver'd to him from God; for the Offices corresponded to the signs: as also a Canon was vested by a Book. Many ages after, when piety had begot∣ten opulency, and the daughter laid a snare for the mother, the Emperours, almost detruded from their most antient right, began to shew the indignity of the thing, by this argument among the rest, because the Bishops by their munificence possessed Lands and territories. But never did the Election of them depend upon this alone, being more antient than the same muni∣ficence. Moreover, the accessory cannot have so much force, as to draw the prin∣cipall after it: and befides, in some pla∣ces, at this time, stipends out of the pub∣lick succeed in place of Lands: and for all this the right of the Highest Powers remaineth the same it was. Therefore, by the name of Investiture, in the stories of those times, is not to be understood a na∣ked sign; nor are Kings to be thought so unwise, that, for a bare rite or Ceremo∣ny

they would have undertaken so many labours, and so many wars: but, with the sign, or by the sign, the thing signified must be conceived, that is, the Collation of Churches. Which Collation, it is cer∣taine, was made two wayes: for, either the Kings by themselves, made Election freely, and without the suffrages of any other, or else, they granted others the right of clecting, the right of approving, not imaginary, but with a liberty to an∣null the Election, being reserved to them, selves. Both of these, Historians com∣prehend in the name of Investiture. Which right remained in the Emperours untill the times of Hildebrand, who first laid violent hands upon it. Onuphrius Panuinus relating his life; He first of all the Roman Bishops attempted to deprive the Emperour, not only of the election of the Pope himself, which also Adrian the third had sometimes done; but of all Authority too, whereby he Constituted the other Prelats, to wit, the Bishops and Abbats. The Author here hath rightly explan'd Investiture by the name of Constitution.

Those two things, whereof we said In∣vestiture consisteth, that is, the power of choosing, and the Liberty of refusing, if the Bishop were chosen by any other, all

writers approved for their diligence in this kind, have very well distinguished, and knit together in the Regall Right. Such a liberty of refusing I meane, which is not subject to the judgement of another, And indeed these Rights, both of election, and of rejection, are of great consequence to maintaine both Church and State: but the former, of so much the greater mo∣ment, by how much it is more to oblige, the receiver of a benefit, than to exclude, an enemy. Paulus Aemilius, when he had declared how that right was extorted from the Emptrour Henry: * 1.365 That thing saith he, much weakned the Imperiall Majesties, in the minds of his people; for he was devested of the better half of his Jurisdiction. And Onuphrius in the same manner: Half his Power was at once taken from the Empe∣rour. The same Author elsewhere speaks of Henry the third This most excellent, right (so he cals Election) 〈◊〉〈◊〉 retained with all his might. Of the same mind were the Kings that buil•• their power upon the ruines of the Roman Empire. To let passe others, let us heare, if you please, the King of England speak himself. Henry, the first of that name sina•• the Conquest, granted the Bishoprick of Winchester to William Gif∣ford, and presently, against the statutes of

a new Councill, invested him with the pos∣sesions perraining to the Bishoprick. The same Henry gave the Archbishoprick of Can∣terbury to Ralf Bishop of London, and in∣vested him by the ring and staffe. This is that same Henry, who in the relation of Westminster, by William his procurator constantly alleaged, that he would not, for the I••sse of his kingdome, loose the Investi∣tures of Churehes; and affirm'd the same in threatning words. Away with the un∣learned Interpreters of History: who doth not see here that by Investitures is meant the collution of Bishopricks? The Par∣liament Statute also under Edward the third, gives plaine evidence for the fame, wherein is manifest, that the Royall Right to collate Bishopricks was in England more antient, then the election of the Clergy. And Historics doe give their testimony too: which declare how Bishopricks, were collated by Etheldred, and the most antient Kings, seven hundred yeers agoe. Afterward, elections were granted to the Clergy, under two conditions, which were observ'd likewise in Franses, that licence to elect were first obtained, and the clection made were submi••••ed to the Kings pleasure. But in the later time the whole election was rendred to the King.

In our time, there is an image of Election in the Chapters; the whole force of it is in the King. For, the Bishoprick being void, the King, by his Letters, containing Licence to elect, transmitteth also the name of him, whom hee would have e∣lected.

Bilson Bishop of Winchester discoursing with much diligence upon this Argument, in severall places affirmes that which is most true; That no particular form of E∣lecting is prescribed by Divine Law: and seeing Princes are Heads of the people; and, both by Divine and Humane right, have the charge of all externall and publick admi∣nistration, as well in Sacred as in Civill causes, committed to them these reasons necessarily evince, that the Elections are also committed to their trust; at least, if they bee pleased to under take the burthen. The same Author saith, It is as clear as the Sun; that other Princes, be side the Roman Emperours, since the first profession of Christian faith, not only had the Highest Power in Electing Bishops; but by their sole Authority Insti∣tuted whom they judged worthy of that ho∣nour, without expecting the suffrages of the Clergy or People. I will not adde more ex∣amples or testimonies: either these are sufficient, or nothing is sufficient.

Whosoever therefore, dares to condemn of Sacrilege, so many famous Kings, some whereof, first in their Kingdoms professed the Christian faith; some couragiously re∣sisted the Popes ambition; some either be∣gan or promoted the Churches reformati∣on; and among them many renowned for their holinesse and learning: whosoever, I say, * 1.366 dare account them sacrilegious, as if in electing Bishops they had violared the Law Divine, he shall not have me for an approver of his temerarious judgement. Now, whereas some, in this businesse of Election, distinguish the other Pastors from the Bishops, because indeed themselves live where no Bishops are, this difference comes to nothing. For such Pastors, al∣though they have this common with mere Presbyters, that they are not over others; yet have they thus much of Bishops, that they are not under other Pastors; and so 'tis doubtfull, whether they may be rather numbred among mere Presbyters, or Bi∣shops. Moreover, seeing Presbytery is con∣tained in Episcopacy, they that bestow the Bishoprick, do withall bestow the Pastoral cure of a certain place or City, & somthing more: so that, the Argumentation rightly proceeds, as from the greater to the lesse, or rather from the whole to the part. 'Tis

true, the antient Emperours & Kings mix∣ed themselves but little with the collation of Pastorall offices of inferiour degree; the reason was, because they thought in reason, all that lesser care might be rightly comit∣ted to the Bishops, chosen either by them∣selves, or according to their Lawes. And therefore, in the most antient Canons, you shal hardly find anything of the Presbyters election, because all that business was at the Bishops dispose as we have shewed before.

* 1.367 Yet are not examples wanting, whereby it may appear, that Ecclesiasticall offices, of the lesser rank also, were collated by Kings. Onuphrius is witnesse, for the Em∣perours. An Epistle of Pope Pelagius, Bi∣shop of Rome, is extant, which signifies, that the Sacred Letters of the most grati∣ous Emperour were come unto his hands, requiring certain men to be made Presby∣ter, Deacon, and Subdeacon at Centum∣cells. The publick Records of our own Country doe abundantly witnesse, the Princes of Holland, Zeland, and West risia, even from the beginning of their Princi∣pality, have conferred, at their pleasure, upon fi••men, the Pastorall Gure of every City and Village, except in what places it could be proved, that the same right was granted away to others, and that Gustome.

was kept untill the times of the last War. These examples, although they be not an∣tient, are yet sufficient to refell those, who have adventured publickly to affirm, Pa∣stors, untill the very last times of the War, were chosen by the People. Here might be added, were it needfull, very many Re∣cords of Investitures, whereby the Princes bestow upon Noble men, their Vassals, a∣mong other rights, also the Collation of Churches. And I, for my part, cannot un∣derstand, how it comes to passe, that the same right doth not still endure to this day: whether it be expedient, or where, and how farre it is expedient, is another questi∣on. The States, in my opinion, by their pains taken in the Reformation, have not deserved to be in worse condition, then before they were. In the Palatinate, the Pastorall Cures are conferred by the De∣cree of a Senate, which by the cōmand, and in the name of the Elector, hath govern∣ment of the Churches. In the Dominion of Basil, the Churches without the City have no power at all in choosing their Pa∣stor; whom the Magistrate of the City sends to feed them, him they receive with reverence, although they never heard him teach. In the beginning of the Reforma∣tion, they were content with this Call a∣lone.

It is the Saying of Musculus: * 1.368 A Christian Pastor ought not to be sollicitous about his Call, nor to doubt that it is Christi∣an and lawfull, where he is called to preach the Gospell, by the pious Magistrate or Prince. Wherefore the Doctrine of the Reformed Churches doth not deprive the Powers of this Divine Right. Neither have the States themselves ever been of a∣nother judgement; for, when in the year 1586, without the assent of the States, a Synod was held, the Earle of Lester, Go∣vernour of these parts, to move the States to allow of the Synod, declared Nov. 16. That such allowance should be a detriment to no man, in respect of that right he chal∣lenged in the Institution of Pastors. And in the same year, Decemb. 9. the Acts of that Synod were admitted by the States, with some exceptions, whereof this is one: That the States, Noblemen, and City Ma∣gistrates, and others should retain the right and Custome of Instituting and destituting Pastors, and School-masters.

Let us now give answer to the rest of the Objections, used to be brought against the Highest Powers in this regard. Some say, * 1.369 that certain Kings and Princes have abused the Elections, either through a sordid love of gain, or through too much favour. It

is too true; but to the determination of the question, 'tis impertinent; for, the abuse of right depriveth no man of his right; unlesse perhaps a subject, by the sentence of his Superiour; much lesse, is a possible abuse sufficient to the losse of right. Then, no man shall bee certain of any right whatsoever. But to speak the truth, there is a greater number of laudable Elections, which Kings have made. And on the con∣trary, by popular Elections, the matter often was brought unto Seditions and slaughters, to Sword and fire; nor is the Clergy alwayes free from favour and fa∣ction, no not at this day. So that, if for fear of incommodities Elections may be overthrown, no kind thereof will be able to subsist. When Genebrard, an enemy to the Regall right, had said, the Bishops of Rome chosen by the Emperours were mon∣sters of men, the contrary was shewed by our side, that they were good men, at least in some mediocrity; * 1.370 but from the Election of the Clergy and People came forth Monstces in••ee••. Moreover, the Greatness of the Highest Powers yields not to corruption so easily, as private men, nor is so obnoxious to unjust desires and impor∣tunity of Suters. Lastly, Ordination, which remains with the Pastors, and the

right of contradicting, which is left unto the people, shuts up the way, if not to all, which exceeds Humane Power, yet to the worst abuses.

* 1.371 The Canons are objected too, and some Sayings of the Fathers. That old Canon, which is the 30. in their number entitled Apostolicall, speaks of Magistrates, not of Emperours; and as the Canon next before is oppos'd to nundinations, so this to vio∣lent intrusions. The Canon pertains to them, that being not lawfully examin'd and ordain'd invade the Church by force, by the Magistrates help and favour. So, the Parisian Synod disapproves not Ele∣ction, but Ordination by the King; nor all the Kings Authority, but that which is a∣gainst the will of the Metropolitan and Comprovinciall Bishops, to whom the or∣dination did belong. For King Charibert himself, under whom this Synod was hol∣den, elects Pascentius to the Bishoprick of Poitiers, whom the Comprovincials re∣ceiv'd, as rightly chosen. And if the Ca∣non bear another sense, yet is it nothing to the purpose. For, if it was made by the Kings consent, it might be rescinded, er∣ther by himself, or by other Kings also, especially with the sentence of their Peers: because no positive Lawes are immutable;

but, if without the Kings consent, then neither had that Canon the force of a Law, nor could the Regall right be impair'd thereby. This is certain, since the Kings began to Elect Bishops, many Synods have been held in France, and not any one of them hath reprehended the Kings in that respect, but many have admonished the King, to use that study and care in choo∣sing Pastors, which was meet. Whence it is evident, the Gallican Bishops never found any thing in that Election, contrary to the Lawes Divine. 'Tis very improper for our men, to produce the Authority of the Nicene second Synod, whereby the wor∣shipping of Images was introduced. And yet, the meaning of the Canons alleged thence, is no other, then of those we have already answer'd. That sharp speech of Athanasius against Constantius is alleged also; Who having received most grievous injuries, if he had uttered any thing, not so generally true, as accommodated to those times, what marvell is it? seeing o∣ther Fathers too, have let fall many words, which will not bear a rigid Examination. Yet doth not Athanasius, how hot soever in this cause, pretend any right Divine, but enquires, Where is that Canon, that a Bishop should be sent out of the Palace? He shews,

what Constantius had done, was not Cano∣nicall: and rightly; for another way of Electing was then in use, and that confir∣med by the Authority of the Nicene Sy∣nod, and by the Precepts of Constantine. Now, although for just causes, it be gran∣ted unto Kings, to recede from the Canon; yet to forsake the Canon, with intention of promoting to Episcopacy the favou∣rers of the Arrian party, was not the part of a pious Emperour. This way of elect∣ing is the more justly reprehended, if Or∣dination also being omitted, Bishops were obtruded upon the Churches: which is ve∣ry credible to have been done; for it was not probable, the Orthodox would ordain Arians, or such as used Collusion with them. Verily, not any one of the Fathers hath hitherto been found, who said, there was any Divine Law to hinder the King from choosing the Pastor. It appears, the most holy Bishops above mentioned, who condiscended to the Election made by Theodosius were of another mind. And thus much be spoken of the Highest Pow∣ers embracing the true Religion.

* 1.372 As to the Kings, that give no assent to the saving Faith, pious Assemblies never made addresse, unto them, for election of their Pastors. For how could they expect

defence of the Church from the enemies of the Church. And, suppose the matter should succeed most happily, yet would it be an indecorum, that the Affaires of the Church should be judged before the unjust, * 1.373 and not before the Saints. Yea, if Kings that are aliens from the Faith, arrogate to themselves any such thing, without questi∣on they bring upon themselves the greater Judgement. Notwithstanding, if Infidel Kings will not at all admit any Pastor or Bishop, except Elected by themselves, and in the mean time leave to the Church the Probation, and to other Pastors the Imposi∣tion of hands, I cannot think it convenient for Christians, to refuse men, otherwise fit, for this only reason, because they are commended by Infidels. For the good God doth effect his good work, even by evill men. I am not a man of that confi∣dence, that I dare condemn so many Chri∣stian Churches in Thrace, in Syria, in E∣gypt, which doe receive Patriarchs or lesser Bishops from the King of the Turks; and that this patience of the Christians is no new thing, is shewed by Barlaamus Cyra∣censis. Clearly, 'tis better to entertain a worthy Pastor, adorned with good report of the common People, ordained by other Pastors, from the hand of a Prince, though

an unbeliever, then to suffer the wast of Churches. Esdras, we are sure, did not decline the office of restoring Gods wor∣ship, imposed on him by the Pagan King Artaxerxes.

But, that we may return unto our own, that is, unto Christian Powers (for that was aspersed on the by, to give others oc∣casion of better thoughts upon this busi∣nesse) we must advertise the Reader, that in all this Treatise, we enquire what is law∣full, not what is at every time expedient. For, whether we reflect upon antient or later times, we shall see great variety in the manner of election: nor only through ages and Provinces, but through years and particular Cities. So much uncertainty there is in that, which the Law Divine hath left uncertain. And truly, * 1.374 where the que∣stion is not of the right, but of the best manner of Election, 'tis marvellous how many things may probably be discoursed on every part. Give me Cyprian, and those of his time, there will be no fear of popu∣lar election. Give me the Nicene Fathers, I would gladly ascribe the election unto Bishops. Give me such Emperours as Theodosius, Valentinian, and Charles the Great, there will be no danger in the ele∣ction Regall or Imperiall. But we are fal∣len

into the lees of the Church, and after we have with circumspection viewed all things, we find nothing, but some incom∣modity is annexed to it. Therefore nothing at all can be here prescribed, as perpetuall; That which is indefinite, * 1.375 must have an in∣definite Rule. Yet if I were in this respect to give my advise, the manner of Justini∣an's times is not displeasing to me, with this caution, that a Pastor be not obtruded upon the people against their will, and also saving the right of the Highest Powers to rescind and make void Elections, * 1.376 if any errour be committed, pernicious to the Church or Common-wealth. Which right, not only the French Kings, but also the antient Roman Emperours very fre∣quently have used, as is most easie to be proved.

They do much erre, who confound this will and pleasure of the H. Powers, where∣by the Election made is approv'd, or dis∣apporv'd with that consent, where with the Magistrate of every City, according to the Lawes or Canons, concur to the Election, in the next place to the Clergy, and some∣times with the People. For, here is a wide difference. The pleasure of the Highest Powers is over the Election; the Magi∣strates consent is a part of the election.

That agrees to the Highest Powers, as such; this to the Magistrates, by Positive Law; nor properly as Magistrates, but as an ho∣noured part of the City. Therefore the Election by the Magistrates stayes within the bounds of their City; but Emperours and Kings exercise their right, not only in Cities which they dwell in, and whose Churches they frequent; but, if they see it needfull, through all places of their Do∣minions. Again, the Magistrates may be overcome with suffrages, the Highest Power cannot. Certainly, although the election be permitted to others, that right of free approbation cannot safely be abdi∣cated by Him that rules in Chiefe. Also, * 1.377 after Election made, the right of removing a certain person from the Ministry of a cer∣tain place, although it may be in others too, ought alwayes to remain in the Highest Power. So Solomon ejected Abiath••r from being the Priest of God. So the Bishops of Rome were more then once deposed by the Imperial Power, as Bellarmine himself confesseth. The proof whereof is easie. For if the Highest Power hath right to interdict any one the City or Province, hee must needs have a right also to interdict him, the Ministry of this City or Pro∣vince. For this is included in that: and, in

whose Power the whole is, in his power the part cannot choose but be. Nor only may the Highest Power doe this by way of punishment, but by way of caution too: to wit, if any Pastor be drawn by the Peo∣ple into matter of tumult, which perhaps may come to passe without his fault. For, unlesse the Highest Power could doe this, the Common-wealth were not sufficient to secure it selfe.

* 1.378 The last errour is of those, that think it belongs unto the same Person, to elect and to remove. For the Highest Power may interdict, not only publick acts, but pri∣vate, too, to which it electeth not the Per∣sons; namely, in negotiation, and con∣duction: as above is said, when we spake of Jurisdiction, and is manifested by Exam∣ples. For, eight or more Roman Bishops, it is certain, have been depos'd by Empe∣rours, sometimes with a Synod, sometimes without, whereof a good part were elected by the Clergy and people of Rome.

CHAP. XI.

Concerning offices to the Church, not alwayes necessary.

* 1.379 IT is of much concernment for the keeping of peace in the Churches, vt•• distinguish accurately, between the things commanded by Divine Law, and the things not commanded. For, although the right or manner of regiment somewhat differs, thence wil follow no divulsion of the Churches, as long as neither part ascribes to their own way, the authority of Divine precept. And this is the prihcipall cause, why we have taken so much pains to shew, That manner of Election, which Kings and some pious Princes do at this time use, is not by Divine Law forbidden. Not, that we propose their examples to be imi∣tated by others: for, other kinds of Ele∣ction may be either by themselves more profitable, of at least to the disposition of the people, and state of some churches more fit; or else, if for no other cause, for the antient custome sake, to be preferr'd: but, that we may not, by a temerarious censure, alienate from us the Kings, and the Churches too, by whom that manner is observ'd. What we have done concern∣ing

Election, the same we must doe about the offices Ecclesiasticall, which some of the late Reformed Churches use, and some use not; That is, Wee must declare, no∣thing is either way defin'd concerning them, by Precept of Divine Law; where∣by, it will easily appear, The diversity of government ought not to be any obstructi∣on to fraternall unity. Fully to understand the right of the Highest Powers, this Dis∣course is very necessary; for, in things de∣termined by Divine Precept, a necessity of execution lyes upon the Highest Power; in other things there is left some liberty of choise. And, as we have said afore, The Ecclesiasticall Government for the most part is conformable to the Politicall, which was also observed by the King of Great Britain, a Prince of excellent wisedome.

Now, the principall Controversie a∣mongst the Protestants, is about the Epis∣copall eminence, and about their office, who being not Pastors, that is, neither preach, nor administer the Sacraments, yet are Assessors, * 1.380 or assistants unto Pastors, and by some are stiled Presbyters, or El∣ders. Let us consider of both, so farre as our designe permits; for, these questions are so largely handled by others, that scarce any thing remains to be added.

Especially, the most learned Beza, ha∣ving undertaken the defence of the Go∣nevian Discipline, hath, according to the fertilty and vigour of his wit, copiously expressed, what might be said both for those Assessors, and against the Bishops: And, on the other side, they that extoll the Anglican Church, Saravia and the Bishop of Winchester have disputed very smartly, as well for the Bishops, as against those Assessors. So that, whoever would have perfect intelligence of these matters, are to be remitted to their Books. For our parts, Our endeavour being to lessen, not to widen, the difference, we will contract, into a few determinations, all that is ei∣ther confessed on both sides, or may be so clearly prov'd that it cannot be gaine∣said by any, but the contumacious.

* 1.381 In the first place for Bishops; we take leave to use the word in that signification, wherein the Synods Universall and To∣picall, and all the Fathers have alwaies us'd it. In the Apostolicall times, it is certaine, though the Functions were di∣stinct, the names were not. For, the Fun∣ction of the Apostles is call'd Presbytery, and Episcopacy, and Diaconary, nor is any thing more usuall, than for the generi∣call name, by some particular right, to ad∣here

to one of the species; as in adoption, cognation, and other words of the Law appears. And so, the name of Bishop, when in the nature of the word it signi∣fies any Inspector, Overseer, and Prepositus, or (as Jerom translates it) supra-attendent (for the Septuagint also have rendred the Hebrew word, which is given to Magi∣strates, by the name of Bishop; and among the Athenians the forreigne Praetor, a∣mong the Romans the municipall Aediles were called by this name; and Cicero saith Himself was made Bishop of the Cam∣panian coast;) this name by the Apostles, and Apostolicall men, according to the use of the Hellenists, was given to any Pastors of the Church, Neverthelesse, by a certaine proper and peculiar right, it might be assignd to them, who, as with the rest they were Overseers of all the Flock, so above the rest were constituted Inspectors of the Pastors also. Where∣fore they abuse their own time and other mens, who having undertaken to discusse the question, take much pains to prove the name of Bishop common to all the Pastors: when as the word is of a larger signification much. They also doe but beat the aire, who with great endeavour prove, that unto all Pastors whatsoever

certain things were common, namely, the right to Preach, to exhibite the Sacra∣ments, and the like. For, the question is not of these things wherein they do agree, but of that eminence whereby they are distinguished. And, that is yet somewhat more absurd, that some, to prove Bishops differ nothing from meere Presbyters, bring in the Fathers for their witnesses, That Bishops are all of equall merit: as if you did say, That all the Roman Senators were equall to the Consuls, because the dignity of both the Consuls was equall. But he is angry with himself, or with his Reader, who refutes such things.

* 1.382 Concerning Episcopacy then, that is, the eminence of one Pastor among the rest, this is our first Assertion, That it is re∣pugnant to no Law Divine. If any one be of a contrary opinion, that is, if any one condemne all the antient Church of folly, or even of impiety; without question, it lyes upon him to prove it: and for proofe I see nothing alleg'd but this: Whosoever will be great among you, * 1.383 let him be your Minister: and whosoever of you will bee chief, shall be the servant of all. But cer∣tainly, all eminence or Primacy of Pastors among Pastors is not here interdicted: but all Pastors are admonisht, that they

may know, that a Ministry is enjoyn'd them, not an Empire given. For the pre∣cedent words are, They that rule over the Gentiles exercise Lordship over them; and their Great ones exercise Authority upon them; But so shall it not bee among you. From this place we may much rather ar∣gue for Eminence and Primacy, than a∣gainst it. For that which is in Matthem and Marke, Whosoever will be great, and the chief, is in Luke, He that is greatest among you: He that is the President, or leader. Moreover, Christ exhorts them by his own example: The son of man came not to bee ministred unto, but to minister. Wherefore, the precept of Ministring doth not hinder, but one may be greater than they to whom he Ministreth. Ye call me, saith Christ, Lord and Master: and ye say well; * 1.384 for so I am. Therefore if I your Lord and Master have washed your feet, ye ought also to wash one anothers feet. And how could Christ disapprove the dispari∣tie of Ecclesiasticall Offices, when him∣self had appointed LXX. Evangelists, of a second order and lesser degree, * 1.385 as Jerom speaketh in dignity inferiour to the A∣postles, as Calvin saith. Much more clear∣ly, triumphing now in Heaven, * 1.386 He hath given some Apostles, and some Prophets,

some Evangelists, some Pastors and Do∣ctors: 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 in∣stituted, 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.

* 1.387 Secondly, we determine, That the Epis∣copacy we speak of, hath been received by the Universall Church. This appears out of the Universall Councils; whose Au∣thority, even now, among pious men is very Sacred. It appears also, by compa∣ring Synods either Nationall or Provin∣ciall; whereof there is hardly one to be found, but it carries in the forehead ma∣nifest signs of Episcopall eminence. All the Fathers, none excepted, testify the same. Among whom, the least friend to Episcopacy is Jerom, being himself

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not a Bishop, but a Presbyter. His testi∣mony 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, Eu∣charist, 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, 'Tis spoken as ignorantly, as one would wish; you have, as the Proverbe is, made shipwrack in the Haven. Lastly, Zanchius also ac∣knowledgeth the consent of the whole Church in this point.

* 1.388 Our third determination is, That Epis∣copacy had its beginning in the Apostolicall times. Witnesse the Catalogues of Bishops in Irenaeus, Eusebius, Socrates, Theodoret,

and others, all which begin from the A∣postles 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 perti∣nacious mind. It is all one, as if you should deny the truth of that, which all the Ro∣man Histories deliver, That the Consul∣ship 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 sur∣viving after the death of James, Simcon had the Bishoprick of Jerusalem; after the death of Peter and Paul, Linus, Ana∣cletus, Clemens Held that of Rome; Evo∣dius 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 ap∣parent testimonies, which need not bee transcribed. We will end this with Cy∣prian: Now, saith he, through all Pro∣vinces,

and through every City are appoin∣ted Bishops.

* 1.389 Our fourth is this; This Episcopacy is ap∣prov'd by Divine Law: or, as Bucer speaks, it seemed good unto the Holy Ghost, that One among the Presbyters should be char∣ged with a singular care. The Divine A∣pocalyps affords an irrefragable argument to this assertion; for Christ himself com∣mands to write unto the seven Angels of the Asian Churches. Who by Angels Un∣derstand 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. 'Tis a wonder, how farre men are transported by the spirit of Con∣tradiction, 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 'tis manifest∣ly 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, * 1.390 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 Functi∣on? 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 Bul∣linger speak; The heavenly Epistle is de∣stin'd to the Angell of the Church of Smyr∣na, that is, the Pastor. Now Histories doe witnesse, that Angel or Pastor of the Church of Smyrna Polycarpus was ordained Bi∣shop 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 Maro∣rat 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 there∣fore, what favour the Truth found with them. Beza, To the Angel, that is, to the President, who was in the first place to be ad∣monisht of these things, and by Him his other Colleagues and all the Church. Rainold; * 1.391 In the Church of Ephesus, although there were

many Presbyters and Pastors for the admini∣stration thereof yet One was over those ma∣ny; 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, agreea∣ble to the Prince of Presbyters. Christ therefore, writing to those Bishops, as men Eminent in the Cergy, without all questi∣on hath approved this eminence of Epis∣copacy.

To let passe the Annotations after the second Epistle to Timothy, and that to Ti∣tus, which are found in the most antient Greek Copies: Concerning Timothy, hear the writer, * 1.392 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 the Primacy, that method was alter'd by a Councill, provi∣ding, that merit not seniority should Create a Bishop, ordained by the judgement of many Priests; to the end, an unworthy person

might not unadvisedly usurp the place, and so become a scandall to many. Hee saith, the primacy of Timothy among the Presbyters is acknowledged by the Apostle. Where∣as some learned men would hence set up a certain circular praesidency, herein they are opposed by all the antient Monu∣ments, that are extant: nor doe the words of Ambrose help them; for, receding is all one with dying, or departing. And, where∣as the Courses of the Priests are brought hither to establish this Interpretation, * 1.393 any one may see with half an eye, how imper∣tinent it is, when those Courses make no∣thing toward presidency, which was al∣waies in the High-Priest, and other Chief of their Classes. But the alleged Writer his meaning is, that Seniority in age, or rather in Function was valued in the ma∣king of Bishops. Wherein, although none of the Antients be on his side, yet, if wee understand him of certain Churches, what hee saith is not incredible. For, * 1.394 also the Archimandrits, or chiese of Hermitages, at the Commencement of Monachism, were elected according to that Order. To believe him of all Churches, Jeroms te∣stimony of the Alexandrian Custom will not permit. The same Writer, * 1.395 concern∣ing Timothy; Timothy now Created Bishop,

he institutes by epistle, how he ought to go∣vern the Church. Concerning Titus. Ti∣tus, the Apostle Consecrated an Apostle, and so admonisheth him to be sollicitous for the well ordering of the Church. No other are the judgements concerning Titus, & Timo∣thy, of Epiphanius, Eusebius, Chrysostom, Oecumenius, Theodoret, Theophilact, Pri∣masius, as by producing their words hath been demonstrated by others. Yea, the Oecumenicall Synod of Chalcedon saith; After S. Timothy, * 1.396, untill now, have been made xxvii. Bishops, all ordained in Ephefus. For, Antiquity did not believe, what of late some with confidence aflirm, that they who were Evangelists could not be crea∣ted Bishops. As long as they walked a∣bout the Provinces, they did the office of Evangelists; but when beholding in one place a plentifull harvest, they thought fit to cherish it with their longer Presence, doubtlesse, being presidents to the Presby∣tery, they performed all offices Episcopall. Upon which reason, Antiquity believed, that the Apostles also were truly Bishops of certain Cities namely, in those places where they made longer stay, or to speak more properly, * 1.397 where they sate; by which word, Luke hath very emphaticully ex∣pressed, Paul's abode with the Corinthians.

Besides, Timothy and Titus, we read of o∣thers, advanced by the Apostles, into the Episcopall throne. Concerning Evodius, thus to the Antiochians writes Ignatius; He first, by the Apostles hands, was promo∣ted to our presidency. What presidency that is, is not left doubtfull by Ignatius, who every where distinguisheth the Bishop from the Presbyters, and preferrs him a∣bove them. You must doe nothing without the Bishop, but be subject to his Presbytery. And in another place; The reverend Pres∣bytery, being dear to God, is so fitted to the Bishop, as the strings to the Harp. And a∣gain in another place; What is the Bishop, but the Prince; and the Presbyters, but his Counsellours? This is that Ignatius, who saw Christ in the flesh; who lived with the Apostles; who, next after Evodius, was Bi∣shop in the Church of Antioch.

* 1.398 A question may be made, when as their office, who were over the Presbyters by a certain perpetuall dignity, is so antient, and approv'd by Christ himself; by what name was that Honour entitled, before the common name of Bishops began peculiar∣ly to be ascrib'd unto this Presidence which, as Jerom thinks, began about the viii year of Nero. The antient Fathers are of opinion, that those Princes of the Pres∣byters

were stil'd Apostles. And truly, there remain in Cyprian and other Au∣thours, not a few obscure prints of this lo∣cution; Yea, Paul himself, when he saith, Hee was nothing lesse than the chiefe of the Apostles, seems to intimate, there were some other Apostles of lesser mark. That the name of Angel was antiently given to him, who afterward began to be called Bi∣shop the Apocalyps evinceth. For, it ap∣pears the word was taken, as of common use, because those Letters are popularly written, and the Mystery of the Starrs is explained by the appellation of Angels, as being very obvious; but, the most sim∣ple and plain denomination, seems to have been that of President; for, by this name, Justin Martyr calls the Bishop, in his se∣cond Apology.

* 1.399 Another question may be, By what ex∣ample Episcopall Eminence was brought into the Churches. It is certain, there were degrees of Priests among the Heathens; that the Custom was not new to the Grecians, and such as sprang from Greece, we learn by the most antient discipline of the Druids, One, saith Coesar, is President to the Druids, who hath amongst them the chief Authority. And how antient the Emmence of Mother Cities, in matters of

Religion, is, we learn out of Thucydides, where he speaks of the Corcyreans, a Colo∣ny of the Corinthians; upon which pas∣sage, the old Scholiast notes, It was the Custome to receive High Priests from the Metropolis. Strabo names one Priest of the Catti, who was, we make no doubt, the highest; and among the Burgundians the greatest Priest is mention'd by Marcellinus. This custome, God himself approved by the legall Constitution of the Judaical Republick; when hee set up One, with highest Authority, over all the Priests. Who, although in some acts hee was a Type of Christ, yet the whole Institution of this Pontificate, is not to be referr'd to this end alone. This eminence of one Priest, served for Order also, as well as the Regall Power, which did also, in its way, adumbrate Christ. Although then, this example might suffice; yet to me, the Constitution of the Christian Church, see∣meth not so much expressed, according to the pattern of the Temple at Jerusalem, as of the Synagogues. For the Synagogues were, in many places, without any Com∣manding Power; as neither the Church of Christ hath any by it self. Adde hereun∣to, that wheresoever the Apostles came, they found Synagogues well enough orde∣red,

even from the times if the Babyloni∣an dispersion: which, if they would re∣ceive the Faith of Christ, (as to them the Gospel was Preached before others) there was no cause, why they should depart from that Government, that the experi∣ence of many ages did commend: nor was it any burden to the Gentiles, in such a matter, to accommodate themselves to the Jewish institutions. Now in every Sy∣nagogue, it is certaine, there was one, who by the Greekish Jews was call'd the Ru∣ler of the Synagogue: which name occurs frequently, both in the Gospell and the Acts; * 1.400 and every where the Prince of the Synagogue is designed by it. Only, one place is excepted; * 1.401 where, the word be∣ing taken in a larger sense, in one Syna∣gogue are named more Rulers, that is, both he, who (as the Hebrew Masters teach us) was the Prince, who answers to our Bishop; and then the Pastors, which Office and name remains in the Christian Church; and the Elemosynaries, which are like unto our Deacons. Wherefore in that one place the Pastors joyned to the chiefe of the Synagogue are call'd the Rulers. So, in the new Testament of∣ten, the High Priest, with those next unto him, are called the chief Priests, and in

Jeremy, the antients of the Priests. * 1.402 These Rulers of the Synagogues had others over them, which were called Primates; * 1.403 in ei∣ther Palestine one, and others in other Pro∣vinces. And thus much be spoken by the way, to illustrate the originall of Bishops.

Our fifth Assertion is, Episcopacy hath been the spring-head, * 1.404 whence many com∣modities have flowed into the Church. The History of all times proclaims it: but I will againe use him for my witnesse, who in all Antiquity was the least friend of Bishops, that is, Jerom: In the whole world, saith he, it was decreed, that for the taking away of Schisms and divisions, one being elected from among the Presby∣ters, should be set above the rest. In another place. The Churches safety con∣sisteth in the dignity of the chiefest Priest, that is, the Bishop: to whom if there be not given a Superiour power over all the rest, there will be made so many Schisms in the Church, as there be Priests. Nor is it any thing else, which Cyprian doth so fre∣quently inculcate: Whence have Schisms and Heresies arisen, and doe still arise in the Church, but while the Bishop which is one, and the Governour of the Church, by the proud presumption of some men is contem∣ned. And elsewhere: Heresies have no o∣ther

Rise, and Schisms no other beginning, but hence, that obedience is not given to Gods Priest; nor is one Priest and Judge for the time, in the steed of Christ elected. Not only single Assemblies, by the presidence of one, were guarded against Schisms, but as the same Cyprian saith, The Universall Church was coupled together by the chaine of Priests, linked to one another and united. For, the whole Christian world was pre∣serv'd in concord, by commerce of those Letters, which were call'd formate. And so much for Episcopall eminence.

* 1.405 To proceed: On behalf of the equality of Pastors, we have these things to say, not repugnant to those afore. First, The Episcopall eminence is not of Divine pre∣cept. This is prov'd enough, because the contrary is not prov'd. For Christ is no where read to have commanded it. Indeed, he approv'd it in the Apocalyps: but it follows not, Because he did approve it, Therefore he did command it. Episco∣pacy is of Apostolicall institution, because it appears, in some Churches Bishops were ordained or approved by the A∣postles: but the Apostles never comman∣ded, that such Bishops should be in every Church. By which distinction, we sepa∣rate Jeroms case from the case of Aerius.

Jerom saith, The Bishops became greater than the Presbyters, by custome rather than by the Lords dispose: As also Austin, E∣piscopacy is greater than Presbytery, accor∣ding to the titles of honour which the Church hath used. When the Fathers speak of Custome, they exclude not Apostolicall institution; yea, as Austin saith, * 1.406 What is observ'd in the Universall Church, nor is instituted by Councils, but hath bin alwaies kept, is most rightly believ'd, to have been deliver'd by no lesse Authority than Apo∣stolicall. But, as we have elsewhere said, it is not presently of Divine precept, what∣soever is instituted by the Apostles; for many things are instituted, with reserva∣tion of a Liberty to make a change. That the people should with a clear voice say Amen at the end of prayers. That the Preacher should be uncover'd, was a Con∣stitution in the Apostolicall Church: Which in many places now, we see, is not observed. Moreover, the Apostles so appointed Bishops, that they left cer∣taine Churches without Bishops: as Epi∣phanius acknowledges, There was need of Presbyters and Deacons; for by these two the Ecclesiasticall Offices may be compleat; but where none was found worthy of the E∣piscopacy, the place remain'd without a Bi∣shop;

but, where was need; and they were worthy of the Episcopacy, Bishops were or∣dained. Those Churches therefore, as Jerom speaks, were govern'd by the com∣mon Counsell of the Presbyters.

* 1.407 This we shall adde in the second place, It was not universally observ'd that one Bishop should be over every City. Of the Apostles time, we suppose it is already prov'd. And afterward, more Bishops than one were in the same City, in imi∣tation of the Jews, who had as many chief Rulers as they had Synagogues; but in one City often times were many Syna∣gogues, or (as Philo cals them) Proseuche, places of prayer. * 1.408 So, at Jerusalem, was one Synagogue of Libertines, another of the Cyrenians, a third of the Alexandri∣ans. And at Corinth, about the same time, were named two chief Rulers of Syna∣gogues, Crispus and Sosthenes. Epipha∣nius declares, it was instituted first at A∣lexandria, that in the whole City should be but one Bishop. At last in the VIII. Nicene Canon, we see it was defin'd, That there should not be two Bishops in any City: yet so, that withall it appears, the Canon was sometimes dispenc'd with. For, the Canon permits, that Bishops returning from the Sect of the Cathari, to the Ca∣tholick

Church, should retein Episcopall honour, next to the Catholick Bishop. So, the Ephesin Synod, after the Election of Theodorus, grants that honour to Eusta∣chius, as appears by an Epistle to the Sy∣nod of Pamphilia: and, in the conference before Marcellinus, the Catholicks offer the same unto the Donatists, if they would returne unto Communion; Every one of us, receiving an associate of his honour, may sit with greater eminence, the peregrine Bishops sitting by as a Collenge. Valerius also, in the Church of Hippo, assumed Austin to himselfe. Which, although Austin saith 'twas done through ignorance of the Canons, appears yet to have been a thing not unheard of afore, much lesse believ'd repugnant to the Law Divine. Moreover, the Episcopall Chairs, in ma∣ny Cities, were often void, not for some months only, but many years together; all which time, The Churches, that I may againe speak with Jerom, were govern'd by the Common Counsell of the Presbyters: or, as Ignatius saith, * 1.409 The Presbyters fed the flock, untill God should shew them one to governe them. To the Roman Clergy, we see, Cyprian wrote many Letters, and the Clergy answer'd him, concerning all things pertaining to the State of the

Church. Furthermore, all the antients doe confesse, there is no act, except Ordina∣tion so proper to the Bishop, but it may be exercis'd by the Presbyter. Chrysostome and Jerom are very clear in this point. And, * 1.410 although in the judgement of these Fathers, the right of Ordination is de∣nyed Presbyters; which may be seen in the constitutions of many Synods partly Universall, partly topicall: yet, why may not this be understood, that the Presby∣ters could ordaine none, in contempt of the Bishop. That they did in some sort con∣curre to Ordinations with the Bishop, seems to appeare by the IV. Synod of Carthage: When a Presbyter is ordain'd, the Bishop blessing him, and holding his hand upon his head, let all the Presbyters also, that are present, hold their hands upon his head, by the Bishops hand. For the confirmation hereof, I dare not bring that of Paul, concerning the laying on of hands of the Presbytery, because I perceive, Jerom, Ambrose, and other antient, and, the Prince of all recent writers, Calvin, interpret Presbytery in that place, not the consistory, but the Office to which Timothy was promoted. And truly, whosoever is versed in the Councils, and the writings of the Fathers, cannot be ignorant, Presby∣tery,

as Episcopacy and Diaconacy, to bee names of Offices. And, seeing it is cer∣taine, that Paul laid hands on Timothy, it seemeth neither necessary nor convenient, to joyn fellows with him for an Aposto∣licall act, and Collation of miraculous gifts. In the meane time, I doe not see, how this can be refelled, (even among the Schoolmen, Antisiodorensis long since granted it:) where Bishops are not, Or∣dination may be rightly made by Pres∣byters. For, the things that are observed for order sake, admit exceptions. So, in the antient Councill of Carthage, it is permitted Presbyters in case of necessity, to reconcile penitents: and in another place, to lay hands on the Baptized. Moreover, as we have said above, it is doubtfull, whether Presbyters, that neither have Presbyters under them, nor a Bishop o∣ver them, are neerer to Bishops or more Presbyters. For, of Timothy also, Ambrose argues thus, He that had not an other a∣bove him was a Bishop. And, we know, (to take an instance in the Common∣wealth) many things are lawfull for a Senate having not a King, which to a Senate under a Kings Power, are unlawfull. For, a Senate without a King is as it were a King.

* 1.411 This is our third Assertion: The causes were not light, why, in this age, in some places, at least for some time, Episcopacy was omitted. That the causes are tem∣porary, Beza himself seems to acknow∣ledge, when he saith, He is not the man, to think the old order were not be re∣stor'd, if the ruines of the Church were once repair'd. Of these causes, the first might be the penury of men, sufficient for so grave an Office; for, if that were a cause just enough, while the Church was yong, to omit, in many places, the Episcopall eminence, as we heard Epiphanius say; why then, at the Churches Rise out of the thickest darknesse, might not the same cause take place, especially in those pla∣ces, where was found not one of the old Bishops, that would yield up himself to truth, and open his eyes to see the light held forth. Another cause of this omis∣sion, might be the long and inveterate de∣pravation of the Episcopall Office. So∣crates of old complains, some Episcopa∣cies of his time had exceeded the bounds of Sacerdotall purity, and were corrup∣ted into Domination. Hierax complains in Pelusiot, the Dignity of lenity and meek∣nesse was advanced into Tyranny. Na∣zianzene complains of the ambition of

Bishops, and for that reason wisheth, if not Episcopacy, yet at least that perpetu∣all right of Cities in retaining Episcopall dignity, were changed: Would to God, there were neither Presidency nor preemi∣nence of place, nor tyrannicall power; that we might all receive our estimate by vertue alone. The Fathers of the Ephesin Synod long since professe themselves afraid, lest that, under the colours of the Sacred Function, should commence the pride of secu∣lar power. And it is easy to find the like say∣ings in the African Councils. But verily, never did Ecclesiastical ambition, from the Apostles age unto those times, advance to such a hight, as it hath done since those times, to the memory of our Fathers. So that now, without cutting off the part wherein the cause lyeth, the disease seems almost impossible to be cur'd. It is true, good things are not to be condemn'd be∣cause some men abuse them: yet the a∣buse being turn'd into a custome, an in∣termission of the things themselves is not infrequent. The Mosaicall Serpent might have remained without Superstition, if the thing it self were considered: but Eze∣chiah respecting the grown vice of the people, that he might take away the Su∣perstition, took away the Serpent. I am

loth to say, that the name and eminence Episcopall, by their fault, to whom it had fallen, had lost all its reverence, and was come into the odium of the common peo∣ple; to whom, even when they are in er∣rour, somewhat sometimes is to be yiel∣ded. The Romans, being evill intreated by the Tarquins, took an oath, they would no more endure a King at Rome. A third cause may be added, that in those most infestious times, the Preachers of the truth, being hated for the truths sake, were ob∣liged to acquit themselves, not only from the crime of ambition, but from all suspi∣tion too; which when by taking away the Episcopall dignity they sollicitously en∣deavour'd, for all this, they escaped not the calumny of their adversaries. What reproaches should they not have heard, had the change of Doctrine been joyned with the acquisition of preferment? I will adde one cause more, why, in the begin∣ning of the Repurgation, Episcopacy was not very necessary. God had raised up excellent men, of great wit, of great lear∣ning, of great esteeme, both among their own, and the neighbouring people: few indeed in number, but such as were able to beare the weight of many businesses: Their high reputation amongst all, easily

supplyed the defect of Episcopacy. But, (if we will with Zanchy-confesse the plaine truth,) none were indeed more truely Bi∣shops than they, whose Authority (although this was not their design) prevailed even to the overthrow of Bishops. Nor is that here to be omitted, which we have said already more than once, The Ecclesia∣sticall Government, for the most part, receives some impression from the Civill. In the Roman Empire, the Bishops were correspondent to the Dukes, the Metro∣politans to the Presidents, the Patriarchs or Primats to the Vicars or Deputies of the Emperour. What marvell is it then, if people more accustomed to an Optima∣cy than Monarchy, would have the Church affairs committed rather to the Clergy, than the Bishop? And these are the causes, wherefore I think the Churches may be excus'd, which have no Bishops: whilst yet they abstaine from a disapprobation of the most Sacred order, and withall re∣taine, what Beza judged in no wise to be omitted: That was Essentiall, saith he, * 1.412 which by the perpetuall ordainance of God, hath been, is, and shall be necessary; that in the Presbytery some one, both in place and dignity the first, oversee and governe the action, by that right which God hath given him.

Let us come unto those Assessors, whom in many places we see joyned to the Pa∣stors out of the people, by an annuall or bienniall Office. They call them Pres∣byters, when yet they neither Preach the Gospell to the people, nor exhibite the Sacraments. Concerning them, this is our judgement.

* 1.413 First we say, Those temporary Presby∣ters are strangers to the Apostolicall and antient Church: nor have I seen any, that would affirme, much lesse could prove, that they were known of old. Tertulli∣an prescribing against Hereticks, among other things declares, how much their temerarious, inconstant, light Ordinati∣ons differ from the Rule of the antient Church: This day, saith he, the man is a Presbyter, who to morrow is a laick: No∣thing could be more clearly said, to make it appeare, that temporary Presbyters were in those times unkown to the Catholick Church. It is not, say some, materiall to the nature of the Office, whether it be un∣dertaken for a time, or for ever. If this be so, I may wonder, that Pastors also, employed in the word and Sacraments, are not made Annuall somewhere. But if this be absurd, whence I pray, but be∣cause, as the gifts of God are without

repentance, so the Divine Offices were instituted by him for the perpetuall uses of the Church? He that hath put his hand to the Plow, and looketh back, is not sit for the kingdome of God: that is, for the mi∣nistry of the Church. Wherefore, this very change of Assessors, is no light ar∣gument, that this is an invention of Hu∣mane prudence, no institution of Law Divine.

* 1.414 Secondly, All the antient Church, by the name of Presbyters, urder stood no other men, but Pastors employed in the word and Sa∣craments. I speak not of the word old men, or Seniors and Elders: whereby, 'tis certaine, sometimes age, sometimes Magistracy is meant: but, of the Greek word, which in the Latine tongue doth alwaies signify the Pastorall dignity and Office: and so it do••h also in the Greek Authours, wheresoever the word Pres∣byter notes any thing else but age or Ma∣gistracy. We are not yet come to that place of Paul, which belongs rather to the question of Divine Right: and of the Elders of the old Testament, there will be place to speak hereafter. Of so great a number of Fathers, of so many volumes of books, after so long canvasing of this controversie, not so much as one place

hath been alleged, wherein the Pres∣byteriall dignity is ascribed to any other than Pastors; When yet, if there had been two sorts of Presbyters, not often, but a hundred, yea a thousand times mention of them ought to have been made especi∣ally in the Canons, which describe unto us the whole Government of the Church; at least the manner of electing those Pres∣byters, non-Pastors, would somewhere shew it self. And although the Defen∣dant, or he that is on the Negative, is not to make proofe; yet were it easy to pro∣duce infinite places of the Fathers, which attribute to all Presbyters the right of feeding the flock, of Baptising, and ex∣hibiting the Lords body; and, so far, e∣quall all the Presbyters to Bishops, and call them the Apostles Successors: which also declare, the Presbyters punishment was, to be remov'd from the Presbytery, or for a time to be admitted only to the Communion of the Laicks: which far∣ther shew, that maintenance was given to every one, and a much severer Discipline prescrib'd for them than others. More∣over Laws are extant too, of the Presby∣ters Privileges, and immunity from Ci∣vill Courts and burdens; and many other things there are, which will not suffer us

to acknowledge any Presbyters, but Pa∣stors only.

* 1.415 Some allege a History of the peniten∣tiary Presbyter, and sharply reprehend the abrogation of him; which yet, at other times, they like very well, when the Po∣pish Confession is opposed. But who ever heard of any Penitentiary, that was not a Pastor? or, when did the antients ever believe, that the use of the Keys might be separated from the Ministry of the Word and Sacraments? Certainly, Christ gave the Keys to them to be used, to whom he gave power to Preach and to Baptise. What God hath joyn'd, let no man put a sunder. Ambrose, * 1.416 of the right of binding and loosing, saith, This right is permitted only to the Priests; and elsewhere, Those Keys of the kingdome of Heaven, all we Priests have receiv'd in the Blessed Apostle Peter. Jerim of these, that succeed in the A∣postolicall degree, They, saith he; having the Key, judge before the day of judgement; and in the same place, It is no easy matter to stand in the place of Paul, to keep the degree of Peter. Chrysostome, This bond of the Priests tyeth the very soule. * 1.417 No man is ignorant, that the Fathers by Sacerdo∣tes, or Priests, doe meane Pastors, to whom the Word and Sacraments are

entrusted: indeed, beside the use of the new Testament, but not without Authority of Scripture; for in Esay God foretelling the calling of the Gentiles by the Gospell, saith, * 1.418 And I will also take of them (the con∣verted Gentiles) for Priests, and for Le∣vits. Wherefore, the exercise of the Keys, and the Right to absolve penitents, ac∣cording to the judgement of all the Fa∣thers, agree to Priests alone, that is, to Presbyters, the Depositaries of the Word and Sacraments. Wherefore also, these Presbyters, who specially attended to the absolving of Penitents, are to be thought no other than Priests, whom the new Te∣stament stileth Pastors.

Now, as the word Presbyter, when it signifies a Function Ecclesiasticall, is ne∣ver found in the Fathers applyed to other than Pastors; so neither is the Latine word Seniors. * 1.419 Tertullian speaking of the use of the Keys, judgement is given, saith he, with great Gravity, as in the presence of God; and it is a very great prejudgement of the future judgement, if any one hath so affended, as to be excluded from Common Prayer, and the Assembly, and all holy com∣merce. The most approved Seniors are the Presidents, having obtained the honour by testimony, not by price; for no Divine thing

is set to sale. That in those times Presby∣teries consisted only of Pastors, Calvin himself confesseth; wherefore, Tertullian putting the Greek word into Latine, cals them Seniors, who had the power of the Keys. For in Greek they are call'd Pres∣byters: which word, in its primary sig∣nification, expressing age, was after trans∣ferred to Civill Dignities, and last of all to Ecclesiasticall. Let all the Acts of Sy∣nods, that ever were, bee read quite thorough, there will be found no Seniors, that were not Pastors. Moreover the word major natu, or Elder, which seemeth proper to age, began to be applyed to Pastors, in imitation of the Greek word. Firmilian Bishop of Cesarea: The Majors are the Presidents (in the Church) who have also the power to Baptise, and to impose hands, and to ordaine: He hath given suf∣ficient caution, to understand no other then the Pastors. So then, the words, Presbyter, Senior, Major, have a threefold signification, noting First age, Secondly Magistracy, Thirdly Priesthood. Nor only was the name of Seniors common to Magistrats and Pastors, but the Assem∣bly of Presbyters, the Presbytery, which Ignatius calls the Sacred System, Jerom bath translated Senate: The Church hath

a Senate, the Assembly of Presbyters: that is, of those Presbyters, who at the be∣ginning, saith he, were equall to the Bi∣shops, and by whose Counsell the Church was governed. Tertullian by such ano∣ther Metaphor, stiles the Clergy an Ordo, or State; The Difference, saith he, between the State and people, was constituted by Au∣thority of the Church.

Farther, we must observe, by the word Seniors, Ecclesiasticall writers doc often understand not dignity, * 1.420 but age. It is cer∣taine, the Bishops of old seldome dispo∣sed any affairs of greater moment, with∣out consulting the Church. Which course was alwaies profitable; in the times of persecution, or upon imminent feare of Schisme, almost necessary. For this cause, to lay the murmuring, * 1.421 which arose about the daily ministration, the multitude of the Disciples were call'd together. So, after Paul was come to Jerusalem, when there was a rumour of him, that he taught the Jews to forsake Moses, although all the Elders were present, * 1.422 it is said, the multitude must needs come together. Cy∣prian saith, I could returne you no answer alone, because ever since I was made Bishop I resolved (this word shews it was arbi∣trary) to doe nothing, on my own head,

without your Counsell (the Clergy) and con∣sent of the people. 'Tis plaine, as in the Ordination of the Clergy, so in separa∣ting and in reconciling the lapsed, the people were wont to be consulted with Not alwaies all the people, among whom were Women and the younger sort, but the Fathers of Families, and not all these neither, but the elder, and of riper judge∣ment, who haply are the Many, * 1.423 of whom Paul speaketh. These were often con∣sulted with, in place of the people. In the acts of purgation of Cecilian and Felix, are mentioned, the Bishops, Presbyters Deacons, Seniors and after, Take unto you your Brethren of the Clergy, and the Seniors of the people. Some be Seniors then, who are not Clerks; and therefore Laiks. For these are still distinguisht in the Fathers. 'Tis ill favouredly done of them that take this word amisse; for it is no terme of disgrace, but is necessarily, used to distinguish the Clergy Seniours from the rest. Neither have the Fathers only so spoken; whose Authority yet at least ought to suffice for the retaining of cer∣taine words; but the Prophets themserves, in whom the Priests and people are di∣vided. Rightly then, are they called Laiks who are not Priests, that is, dispensers of

Divine mysteries. Austin writes, To the Clergy and Seniors of the Church of Hippo, and in Turonensis it is, Before the Bishop, Clergy and Seniors. Yet I will not pe∣remptorily deny, but by Seniors in those places, may be understood Magistrates, who, as we have even now said, were sti∣led by that name. So, Leo inscribes an Epistle, To the Clergy, the honour'd, and the common people.

And, as in some places it may be doub∣ted, whether by the word Seniors the Ma∣gistrates or the Elder in age are meant; so in other places, question may be made, whether by the same word the Elder in age or the Priests are signified. As, when Gregory appoints, If any Clergy man be accused, let the truth be inquir'd, the Se∣niors of the Church being present. And, when Austin mentions them, * 1.424 that for ebriety, thefts and other errours are re∣buked by the Seniors. And, when Op∣tatus shews, the Ornaments of the Church were commended to faithfull Seniors. For, all this may agree both to Clergymen and Laymen. * 1.425

But, most worthy of our consideration is that place of an uncertaine Authour, commonly reputed Ambrose, out of his Commentaries on Pauls Epistles. The

words are these: Old age indeed is honou∣rable among all Nations? Whence it is, that both the Synagogue, and afterward the Church had Seniors, without whose advice nothing passed in the Church. How this is grown obsolete I know not, unbesse perhaps by the dissentions of the Doctors, or rather by their pride, whilst they alone would seem to be some-body. That we may know the writers mind, we must see, whom he cals Seniors in the Synagogue. Whether the Magistrates, who were called Seniors sure enough, that the Synagogue may be a Bench of Judges, as in Matthew, * 1.426 They shall scourge you in their Synagogues? I think not although many things (as we shall shew anone) which belonged to the Jewish Magistrates, are wont by a cer∣taine similitude, to bee applyed to the Christian Presbyters. Hear the same Author elsewhere declaring: It was a Tradition of the Synagogue, that the Se∣niors (in dignity) disputed sitting in their Chairs, the next on Benches, the last in the pavement upon mats. I suspect the word (in dignity) stole out of the margin into the text. For Philo describes the same custome thus, They that come to be Priests take their places in order according to their age, the younger beneath the elder. Where∣fore,

the Seniors in age sate first. And, questionlesse, some such order of sitting was observed in the antient Church, which James would not have neglected, when he reprehends them, that give the ho∣nour of the highet seats to rich men only, the poof being thrust known below, or en∣forced to stand. It follows in Philo, One of the most ••••••••full, passing over the diffi∣cult places (of the Holy Bible) makes an exposition of them. 'Tis to be noted, in the Synagogues of the Jews, to every one exercised in Holy Writ, * 1.427 (and all were so, except mechanicks, as also among us) it was permitted to interpret Scripture. By this common liberty, Christ taught in the Synagoues, and after him the Apostles. Memorable are the places, Luke iv. and Acts xiii. There the book is reached forth to Christ: here Paul and Barnabas, though unknown, are asked to speak unto the peo∣ple, If they have any word of exhortation. If no stranger, or none of the people of∣fer'd himself, then the chosen men of the Seniors (who were nam'd the Fathers of the Synagogues, the Majors, and by an excellency the Seniors) interpreted the Law. And these being not well provi∣ded, it was the Rulers Office. Some what correspondent to this, we find in the first

Christian Church. For, * 1.428 they that have the gift of prophecy are permitted by the Apostle to speak unto the people at the Assembly, by two or three, and the rest to judge. That miraculous gift ceasing, it was hardly lawfull for any one, except the Pastors, to teach among the Christi∣ans. Indeed, we read of Origen and a few more, not Presbyters, who taught in the Church: but that was seldome, and not without peculiar licence of the Bishops. For the Bishop of Caesarea being reprehen∣ded for permitting Origen to teach, al∣leged three examples of the like conces∣sion, adding, it was credible, though not ap∣parent, the same was done in other places. Here now we see some difference between the Interpreters of the Law in the Syna∣gogue, and the Interpreters of the Gos∣pell in the Church. In the Synagogue, they taught, as many as had any word of exhortations: in the Church, all what were approved and had obtained the honour of a Testimoniall, as Tertullian speaks, that is they that were ordained. The Judges of the Highest Synedry were wont to be or∣dained by imposition of hands: but of the expounders of the Law, the same doth not appeare. A reason of the foresaid diffe∣rence is, not only because the Preaching

of the Gospel is of more moment, than the expounding of the Law; but also, because in the Christian Church the Prea∣chers of the word are withall dispensers of the mysteries. Whereas, the Masters of the Synagogue administred no Sacra∣ments. For all the Sacrifices were offer'd in the Temple only, except the Passeover; which yet was not celebrated in the Sy∣nagogues, but in every house, the Master of the Family being chief. Nor was it any where commanded, that Circumci∣sion should be given in the Synagogues, or by any speciall Ministers. It may then be doubted, what Seniors of the Church, Pseudambrose understands: those, that answer to the most skilfull of the Syna∣gogue, who also are scarce any other but aged men, (in which respect the chief of the Monks are called Seniors in Justini∣an:) or those, * 1.429 that anser to the Elders in age, in Philo? If the former, then Pseud∣ambrose saith the very same with Jerom. The one, Without the Counsell of the Se∣niors nothing in the Church was done: the other, The Churches were govern'd by the Common Counsell of the Presbyters: spea∣king of those Presbyters, which, he saith, at first were called Bishops, and out of whom afterward the Bishops were elected.

But if the later please you more, (and truly his speech mention'd his age, not Office:) the meaning will be this, which we have exprest a little afore; That, insteed of all the people, the Elder men were wont to be consulted with, in the more weighty affairs: that is, in ordaining the Cleriks, in absolving the lapsed, and such like. And indeed, it is more credible, this cu∣stome was long since obsolete and disus'd, to consult with the people or the chief of the people, than that the Bishops did al∣most all things without consulting with the Clergy. Yet this also by little and little came to passe and prevailed against the antient custome. These things therefore being understood, no man will hence∣forth doubt, but in all Ecclesiasticall wri∣ters, the word Presbyters or Seniors per∣tains either to the aged in the Church, or to the Magistrates, who also are a part of the Church, or to the Pastors. And this ought to prevaile with us, that we take not, unadvisedly and without forcible arguments, the places of Holy Scripture speaking of Presbyters, in any other sense, than they have been taken by them, who being nearer to the Apostles times had more perfect intelligence of that antient Title.

But now let us proceed to the Ofacles of Holy Scripture and let this be our third Assertion: Those choice Assessors of the Pa∣stors, of whom we dispute, * 1.430 are not by Di∣vine precept. Whosoever affirms the contrary must condemne the Church of so many ages, for contempt of Gods Law: from which temerity, we think it becomes us to abstaine. Nor indeed is there any weight in their arguments, who affirme that which wee deny, and upon whom therefore lyes the necessity of proving. Sufficient answers have been returned heretofore by very learned men: yet lest any defect be in our Treatise, it will be worth our pains, to repeat what hath been well said, and to adde somewhat that may bring light unto the question.

* 1.431 In the front, we have that which Christ commandeth, Tell it to the Church, &c. In which place, some are of opinion, Christ hath given the Church direction, to institute a certaine Synedry to judge of things Ecclesiasticall, consisting both of Ministers and other persons; for such they will needs have Ecclesiasticall Synedrys to have been. As for the words of Christ, the antient and recent expositors have of∣fer'd us sundry explications of them. To repeat them all were tedious. To me, the

most simple and plaine Interpretation, and which comprehends almost all the rest seemeth to be this: The man, that hath offended us, is not easily to be accoun∣ted for one deplored and incurable. There are severall degrees of admonition to be observ'd, first alone, that he may, if it be possible, repent without a witnesse of his fault; if that avails not, a friend is to be taken with you; one, a second, and a third, if perhaps he will yield to their Authority. And hitherto Christ hath said nothing, which is not almost in the same words de∣liver'd in the writings of the Jews. For this is extant in the book Musar. If, say they, hee will neither then bee reconciled, (friends being used, two or three,) let him depart, and leave him to himself; for such a one is implacable, and is call'd a sin∣ner. But the same book in another place addes one degree more; for thus it saith, If neither by this means he shall prevaile any thing (friends being used) then he ought to make him ashamed in the presence of many. Which Christ not disapproving, according to his exceeding lenity, which he would have us to imitate, would have us try all things first, before we give up the man for lost; for that is the sense of, Let him be unto thee as a Heathen and as a

Publican: that is, an incorrigible sinner. So, * 1.432 in the Gospel are often joyn'd, Pub∣licans and sinners; and the Gentiles are call'd sinners, as when Christ saith, hee should be deliver'd into the hands of sin∣ners. Wherefore the meaning of Christ is, that before we relinquish all hope, after a few witnesses, any company of pious men ought to be adhibited, to the end the scandalous person may be reclaim'd, by the number and consent of grave men, by the punishment or censure of many, as Paul speaks. For in Musar and in Paul the many, and in the words of Christ the Church, are the very same. Certainly, that a Company not great, is comprehended in the name of Church, both the LXX. teach us, and Paul too, who hath entitled, by the name of Church, one family of pious people. Here it sufficeth, that it be understood, this place in Matthew is no∣thing to their purpose; for a company both of Pastors, and of non-Pastors, may be without the Assessors, of whom now the question is.

What they adde concerning the Jewish Senates, after long consideration, I can∣not grant. The Synagogues of the Jews, their Proseuche, and Phrontisteries, as Philo cals them, were far different from

their Courts of judgement. In their Pro∣seuchae were the Scriptures read and ex∣pounded, all were instructed (to speak againe with Philo) to the love of God, to the love of vertue, to the love of men: whereto answer those three words of Paul, Godly, soberly, justly. Here are no judgments exercised upon any. That was done in the Courts of judgement; where the Judges had cognizance of Sacred matters as well as of Profane; the same Judges, by the same Law; for in the Hebrew people these were never disjoyn'd. These Jud∣ges were partly in the severall Cities, partly in the Head City. Those were the lesser Synedryes, to the Hellenists; this the Great one, and by an excellency the Sy∣nedry. Whence the Hebrews following the Hellenists derived Sanhedrin. None of these Courts, because they had all of them coactive power, could be retained in the Apostolicall Church; because, it is certaine, neither the Apostles, nor the Church had any coactive power granted to them.

* 1.433 I come unto the name of Presbyters, which many think, in the new Testament was given to the Assessors of Pastors; which is not clear to me. In the Testa∣ment I find three significations of this

word ••one which pertains to age, as when the Presbyters or Elders are oppos'd to the younger; * 1.434 another, which belongs to Power and Empire, as when there is men∣tion of those that sate in the great Syne∣dry or in the lesse; a third, which agrees to the Preachers of the Gospell; a fourth I doe not find. * 1.435 A question may be made, why the Apostles call'd the Pastors, or∣dained by them, by the name of Presby∣ters? Was it, because scarce any other but old men were called to that Office? or, because in the Synagogue also the Ma∣sters, by an excellency, had that appella∣tion? or, (which I like as well) by a si∣militude taken from the Jewish Magi∣strates? For, Christ himself, in the con∣stitution of his Church, that he might shew himself a King, and withall by degrees might abolish the hope of an earthly King∣dome, composed his Church, though de∣stitute of all externall power, to a certaine Image of the Judaicall Kingdome, and so erected the minds of his Disciples to the hope of a Kingdome Celestiall. * 1.436 There was one King among the Hebrew people: He also acknowledgeth himself to bee a King. In that Kingdome were twelve Princes of their Tribes: Christ constitu∣ted to himself so many Apostles, and, that

it might not be doubted, whether he had respect, promiseth to them twelve thrones, whereon they should judge the twelve tribes of Israel. In the Kingdome, were LXX Senators of the Great Synedry: so many Evangelists are constituted by Christ. The third dignity in the King∣dome, was of the City Judges, called Presbyters or Elders: in the Church also the Presbyters follow the Apostles and Evangelists in the third place. The chief of those Judges were called Bishops or Overseers: and so in the Church the Prin∣ces of the Presbyters are the Bishops. Last∣ly, They that waited upon those Judges were Deacons or Ministers: so are, they called in the Church, who are Ordained below the Presbyters.

* 1.437 What the Office of Presbyters is in the Christian Church, the Apostles in sun∣dry places teach us. Paul having sent for the Presbyters of Ephesus to Miletum, gives them to understand, that they were made Overseers over the flock to feed the Church of God. * 1.438 James biddeth the sick call for the Presbyters of the Church, * 1.439 to pray over them, and anoint them with Oyl, in the name of the Lord. * 1.440 Peter exhorts the Pres∣byters, being himself a Co-Presbyter, that is, a Colleague in the Office. It ap∣pears

therefore, they were Pastors. Nei∣ther were they otherwise ordain'd, but by imposition of hands: as of Timothy it is recorded. In other places, where with∣out any character, Presbyters are barely mention'd, to understand any other Pres∣byters, but those who in so many places are most clearly describ'd, is the part of a temerarious conjector, unlesse the Con∣text compell us to depart from the cer∣tain and receiv'd signification.

In all the new Testament, only one sentence of Paul is extant, which is spe∣ciously brought to confirme those: Pres∣byters non-Pastors. * 1.441 Let the Presbyters or Elders, that rule well, be counted worthy of double honour, especially they who labour in the word and Doctrine. From this word, especially, is infer'd that there were in that time certaine Presbyters, who ruled only, and did not labour in the word and Do∣ctrine. But first, if that were true, at least somewhere else would appeare this new kind of Presbyters (never spoken of be∣fore) by what Author, by what occasion it began, as the Originall of Deacons is recorded: and not so on the By, and in passage, in a single place, where the speech was not concerning Offices Ecclesiasti∣call; this necessary part of Ecclesiasticall

Government should not, I say, so slightly be insinuated. Againe, the Fathers next to the Apostles times would have told us somewhat of it: at least the Greek Fa∣thers, who could not be ignorant of their own tongue, would have left us this In∣terpretation, which some suppose to follow from the very series of the words. Now, when as before the last age not one of the Interpreters hath taken the words of Paul in that sense, we have reason to see, whe∣ther they admit not another interpretati∣on, more consonant to other places of the Scripture. Let us then consider the scope of the Apostle. He would have double honour given to Presbyters. What hee means by honour, may be understood by the words afore, Honour Widows. Where, * 1.442 to honour is nothing else but to maintaine them honestly; for, his will is that the Wi∣dows should be honour'd, who are Widows indeed, that is, as appears by the opposi∣tion, such as have not believing kindred, by whose help they may be relieved; for, if they have, such he forbids to be bur∣thensome to the Church. After he had fi∣nished his discourse of susteining Widows, he shews, the Presbyters also must be sup∣plyed with honest maintenance. That this is noted by the word honour, the reason

annexed proveth: For it is written, Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. This same testimo∣ny of Scripture, he had produced else∣where, to the same sense: who goeth a war∣fare any time at his own charges?* 1.443 who plan∣teth a Vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? Say I these things as a man? or, saith not the Law the same? For it is written in the Law of Mo∣ses, Thou shalt not muzzle the mouth of the Oxe that treadeth out the Corne. * 1.444 And af∣terward, If we have sowen unto you spiri∣tuall things, is it a great thing if we shall reap your carnall things? Well is it no∣ted upon the place, we handle, by Chry∣sostome, Jerom, Ambrose, Calvin also, and Bullinger, that the Apostle here speaks of supply of maintenance, & necessaries. That our Assessors should be susteined by the Churches allowance, is not seen at this time nor was ever seen. Neither is it credible, that the Apostle, who every where spares the Churches, burdened enough with poor people, would lay an unnecessary burden on them. Wherefore, if ever, in this place especially, those Assessors had been unseasonably mention'd where a dis∣course

of maintenance is commenced. The words of Paul have been commodiously interpreted many wayes by others. The plainest Interpretation is, Maintenance is due indeed to all Presbyters, that rule the Church, that is, feed the Lords flock; but especially to them that wholy neglecting their private affairs, apply themselves to the only care of propagating the Gospel, and spare no labour in it. Here then, are not set down two sorts of Presbyters, but it is declared that the labour of all is not e∣quall. All acknowledge, even Beza too, that the word translated, to labour, * 1.445 notes not every labour, but that which is most painfull. In such labours not vulgar, * 1.446 Paul saith, he approved himself the Minister of God; for explication whereof he addes, painfulnesse, hunger, thirst, watchings, * 1.447 and all kinds of incommodities, Christ in his Epistle to the Bishop of Ephesus, having said, I know thy works, addeth as somewhat greater, and thy labour. Paul againe, oft∣times attributes to himself, to labour; * 1.448 and the same to certaine holy Women, which renouncing the world went up and down for the service of the Gospell. To these Presbyters then, who care for nothing but the Gospel and for its sake expose themselves to all distresses, reason it self

will dictate, somewhat more to be due than to the rest. * 1.449 So also Paul to the Thes∣sal. ascribeth, to rule, and, to labour, unto the same persons: We beseech you, brethren, to know them, which labour among you, and rule over you in the Lord, and admo∣nish you: And to esteeme them very high∣ly in love for their works sake. All the er∣ror of the new Interpreters ariseth hence, that they think, in the word and Doctrine, is to be pronounc'd emphatically, when the Emphasis is in, labour; for explication whereof is added, in the word and Doctrine. Such another hallucination is theirs, who in the words of Paul to the Cor. where he discourses of the Supper: Let a man exa∣mine himself: they urge the word, him∣self; when the Emphasis is not there, but in the word, examine; nor is, himself, put distinctively, but declaratively. More∣over, that clause, in the word and Doctrine, could not so well be joyned with the first part of the sentence, as the second, because it hath very fit coherence with labour, not so with rule. I will give you like forms of speech, which no man will charge with unaptnesse: Masters, that bring up youth, are profitable to the Common-wealth; they es∣pecially, that attend this one thing night and day, to make their Scholars good proficients

both in vertue and learning. Physicians, who cure the Body, are to be had in great esteeme; They above therest, who with no lesse affe∣ction than pains, doe their utmost endea∣vour, to preserve or restore our health. Compare the thread of Pauls discourse herewith, you will see all to be even and square.

* 1.450 Other places, that are wont to be al∣leged, are more frigid, and vanish of their own accord. Rom. 12. Divers gifts, and according to the measure of gifts, divers actions are reckoned up, but such as doe not yet make divers Functions. As the same may be, He that giveth, and, * 1.451 He that sheweth mercy: So nothing hinders Him that exhorteth, and Him that ruleth, to be the same. For, out of the two pla∣ces already produced, it is manifest, that, to rule, is attributed to Pastors, as also, to guide, Heb. 13.7. Likewise, * 1.452 to the Corinth. not only divers Functions are enumerated, but also many gifts, which meet in the same Function. As therefore, miracles and gifts of healing doe not make divers Functions, so neither doe Helps and Go∣vernments; but all these are aids and or∣naments of the Pastorall Office.

Thus far, we have endeavoured to make it appeare, that the Adsession, we speak of,

is not by Divine precept. The fruit of which determination is, that we entertain no worse opinion of the antient Churches, than is meet, nor of the late reformed, who make no use of those Adsessors. Now, on the other side, what we conceive, may be said for that Office, shall fairly be pro∣duced.

* 1.453 First, That Office might, lawfully be in∣stituted, either by the Highest Power being Christian, only the Church, where the Highest Power either car'd not for the Church, or granted leave to doe it. For, seeing it hath the Highest inspection over all the actions of Pastors, as the Custos of both Tables; nor can it execute all things by it self; it was lawfull to delegate some, who, in its name, might be among the Presbyters, with that right, which the Highest Pow∣er was pleased to communicate unto them. Which, by that, that shall be handled in the next Chapter shall be made more mani∣fest. The Church also is not interdicted by Divine Law, to institute Offices, ma∣king for the conservation of order, and for edification: and it hath that liberty remaining, untill it be circumscribed by some Law of the Highest Power. These things need no proof; for they shine by their own light and no Divine Law can be shewed to the contrary.

* 1.454 Secondly, Some passages may be found in Holy Scriptures, whereby it may appeare, this institution is not displeasing unto God. I prove it, first in respect of the Highest Power, by the constitution of the Judaical Synedry: wherein, with the Priests there sate men chosen out of the people, pre∣posed truly to Civill affairs, but to Sacred too, as hath bin shew'd afore. Wherefo••••, when out of the new Testament, on the contrary part, nothing is alleged, hence we doe rightly collect, that Jurisdiction in Sacred things, that is, publick judge∣ment, and joyned with command, may be committed to some of the people with the Pastors; especially if the better part be deferred to the Pastors, as in Sacred things, * 1.455 greater was the Authority of Ama∣riah the Priest, then of Zebadiah the Ru∣ler. By the same argument, is rightly de∣fended the Ecclesiasticall Senate, which by the Commission of the Elector Pala∣tine rules the Church affairs with com∣mand, and consisteth partly of Pastors, partly of pious Magistrats. In respect of the Church also, the same is thus made good. It was lawfull for the Corinthian Church (even without the Apostles Au∣thority, for the Apostle reprehends the Corinthians for not doing that, which now

he chargeth them to doe) to constitute in the Church, some to determine private controversies. If so much was lawfull to the Church for avoyding of contentions, why might not as much be lawfull for avoyding of the mischief of Oligarchy? Besides, it is oft times expedient, that the whole multitude of believers be consul∣ted, in the Church affairs, as above we have shewed: why may not then the Church adjoyn some unto the Pastors, who may consider this, at what time it is needfull, that the Church be consulted. It was also lawfull for the Church, to make choice of some, * 1.456 who might in their name carry and dispose of their mony; wherefore, seeing the Pastors have inspe∣ction over the Deacons, the Church may, for this purpose joyn some associats to the Pastors, * 1.457 Lest any should blame them in their Administration of the Churches benevolence, that I may speak with the Apostle. Lastly, it was lawfull for the Antiochian Church to delegate some out of their Company, * 1.458 to be present at the Debate of the Apostles and Presbytery of Jerusalem, by whose testimony they might be assured, all was there done ac∣cording to Gods word, and without par∣tiality.

* 1.459 Thirdly, Examples in pious Antiquity are not wanting, which, if not wholy Con∣sonant, yet come very near unto this custome. On the part of the Highest Powers, it is most evident, the Emperours, appointed Senators and Judges, to sit in Synods, In∣spectors and moderators of their actions. Nor this only, but to give sentence toge∣ther with the Bishops, concerning the de∣position of a Bishop, and other matters, as we see it happen'd in the case of Photinus and Dioscorus. And, why is not that lawfull in Presbyteries, which was lawfull in Synods; especially, when as no lesse regard is to be had of Presbyteries in narrower territories, than of Synods in that amplitude of the Roman Empire? But further, by the Emperours were given unto the Churches, at their request, De∣fendors, which were Laiks, whose Office was to keep off all force and tumult from the Church and Pastors; * 1.460 and to take care, that nothing should be done in the Church, by violence or corruption. These are they, who in the later ages begin to be called the Churches Advocates. So, by the Metro∣plitans were wont to be given unto the Churches Phrontistae, or Sollicitors, who, with the Bishop should keep accounts of the Churches treasure. On the Churches 01

part, we must repeat, what was said afore, that the whole multitude was not alwaies consulted, but sometimes the Elders only. Now, if it was lawfull to carry the con∣sultation from the multitude to the Elders, why might it not, the company of Elders being over great, be contracted to a fewer number, especially with consent of the multitude? Moreover in choosing Pa∣stors, it appears, that which was belong∣ing to the multitude was often, by com∣promise, collated on a few. And, that in Synods Laiks were present, and gave their vote, is so manifest, both by the Hi∣story of the Great Councill and elsewhere, that Pope Nicolas could not deny it. In this point, the judgements not of Melanch∣thon only and the later Authors, but of Panormitan and Gerson are well known. Why, in Presbyteries may not be allowed as much to Laiks, chosen for that purpose, no reason can be found. But farther yet: It is apparent, in the antient Church, there were Matrons, to exhort the other wo∣men to an honest conversation: whom they called Presbyters; and, because in the Churches they sate above the other women, Presidents. The XI. Canon of the Laodicean Synod abrogated them, when they had continued untill that time,

as Balsamon notes. And haply, Paul speaks of them, * 1.461 where he requires the Presbytes∣ses, or aged women to be holy in behaviour, not false accusers, not given to much wine, teachers of good things: That they may teach the young women to be sober, to love their husbands, to love their children, &c. If women therefore, partakers of no Church-Office, might neverthelesse be appointed by the Church, to be teachers of other women, why might not others, beside the Pastors be assumed by the peo∣ple, who, abstaining from Pastorall Of∣fices, should with greater dilligence per∣forme that, that is not only permitted, but commanded every Christian? And, if those were entitled Presbytesses, we may also in a more generall respect, give unto these the appellation of Presbyters. * 1.462 More∣over, not much distant from the Office of Adsessors, is the Office of Church War∣dens and Sidemen in the Church of Eng∣land. Upon whom it resteth, to take care, that none disturbe the Divine service; that no excommunicate person thrust him∣self into the Assembly; They are also to admonish inordinate livers, and, if they persevere, to defer their names unto the Bishop. And these are chosen by the Church.

* 1.463 Fourthly, our last position is, that from these assessors no small benefit may accrew unto the Church. For, if we respect the Highest Powers, it is expedient for them to have, in the Assemblies of Pastors, their eyes and ears, by whose Ministry they may explore, whether all things be done with fidelity and according to rule. But, if we look upon the Churches, it is a thing of consequence, that they also have a good opinion of the Pastors; which will then most probably come to passe, when they have witnesses of their actions, and some to beget and keep a right un∣derstanding between the Pastors and them∣selves.

Upon the premises it follows, that in the Office of Adsessors, who in some places are in use, whom for distinction we may call temporary or Lay-Presbyters, there is nothing to be reprehended. But, we con∣ceive, these cautions are to be remembred. * 1.464 1. That the Office be not affirmed of Divine precept; which cannot be said without contumely of the antient Church, and divulsion of the present. 2. That nothing be attributed to them, which pertains to the Evangelicall Keys; which Christ having given to be exercis'd by Pastors only, may not be by us transferr'd to any other. To

excommunication therefore, as it is the Pastors work, they can conferre nothing beside their Counsel; but, as excommuni∣cation is also the work of the people, who ought to remove from them wicked per∣sons, so far they may make an Act, or De∣cree, which may be propos'd to the people for their approbation. 3. Let none be ele••ted to this adsession, who are unable for Church-Government, and especially for judging controversies. For that is perillous, and undecent for the Church, and the most ready way to Oligarchy. 4. Let not those Adsessors exercise any externall Jurisdicti∣on, or Coactive Power, beyond what the publick Laws allow them. 5. Let them know their Office, not only as the Pastors Office, which is instituted by Christ; but, as the things that are of humane Institution, and therefore mutable, is subject to the Au∣thority of the Highest Powers. The two last cautions being not known, or not well ob∣served, great perturbations of the Com∣mon-wealth doe necessarily follow, a••∣wise men have heretofore admonished, and we have daily experience. For, many men having once imbibed this opinion, that, that Government is of Right Di∣vine, come at last to this, to believe the Highest Powers have little or nothing to

doe in the Church, as being by God a∣bundantly provided both with Pastors and with Rulers too. Thus is an Inven∣tion of humane prudence confronted to the Ordinance of God, and in this two headed Empire is sowen perpetuall seed of parties and factions: whereunto they cease not to turne their eyes, whosoever either in State or Church seek after In∣novations. They that remember, what hath been done, thirty years since, in this our Country, know the truth of what I say. And this consideration principal∣ly mov'd me, not to leave this question untoucht. * 1.465 'Tis worthy the Relation, that in Geneva (which City brought forth, if not first this Synedry it self, at least the prime Defenders of it:) the entire right of electing those Elders is in the City Se∣nate, which is call'd the Little, the Coun∣sell of the Pastors being only heard. Nor are they only elected by the Senators, but from among Senators alone, that is two out of the same little Senate, and ten both out of the Senate of the sixty, and out of the other Senate of two hundred. The election made after this manner, is sub∣mitted to the examination of the two hun∣dred: and the Elders elected, although they have no Jurisdiction, yet they give

oath to the Republick. He must needs be very ill-sighted, who perceives not, what incommodities the Genevians feared, when they took such a sollicitous and wary course for their elections.

CHAP. XII.

Of Substitution, and Delegation about Sacred things.

IT is not enough for the Supreme Go∣vernour to know his own Right, un∣lesse he know also how to use it in the best way. Now, whereas the Supreme Governour executes his Office, partly by himself, partly by others; in those things which he dispatcheth by himself, * 1.466 how he ought to use the Counsels of wise men is said afore; nor is it unworthy to be here repeated, that the Christian Emperours and other Kings alwaies had, standing by their side, most Religious Pastors, by whose Counsels they did dispose of Sa∣cred affairs, as they did of secular by the advise of others. But, neither by this Help is the Supreme Governour, whose influence is diffused through so many and so great businesses, enabled to dispatch all things, but hath need to use the service of

Deputies. The most weighty labours, (saith a wise Author) of him that holds the Im∣periall Ball, have need of Helps: And, many businesses want many hands. The Disputation makes a great noise in the Law-School, What parts of Authority may be committed to other by the Highest Power? It would be tedious and impertinent to relate all that may be said upon this que∣ston. In short, * 1.467 some things there are, which are not possible to be separated from the right of the Highest Power: some things which to communicate to any o∣ther, by reason of their greatnesse, is not expedient. Of the former kind, is the right of amending Laws, though made by others; the right of cancelling unjust judgements, if not by way of appeal, at least by way of Petition; the right to void elections, which are against the good of the State or Church. * 1.468 Of the later sort are these: the choice of Religion, and as well the Election, as the Deposition of the chiefe Pastors: which the Highest Powers, for the most part, have reserved to themselves, yet not alwaies. For also to certaine subjects, whether Princes, or Corporations, we see the choice of Re∣ligion hath been granted, when the ne∣cessity of the times exacted it. Nor is

this so new, when the Persians also, Ma∣cedonians and Romans granted the Jews and other Nations, under their Domini∣ons, Liberty of Religion: Moreover, the Bishops of Rome and Constantinople, we know, were not alwaies elected by the Emperors.

* 1.469 The ways of committing Right to o∣thers are two, Substitution, and Delegation. Substitution I call a mandate given by Law or Privilege: Delegation, by spe∣ciall Grant. That the Highest Powers were accustomed to substitute Bishops, we have shew'd above; * 1.470 for thence ariseth, the right of making Canons, which have the force of Law; the right with Power to depose a Pastor, or to exclude one of the people out of the Congregation: which apparently have been permitted to Synods or Presbyteries. From the same Spring-head is the right of the Clergy or Chapters to make elections: as may be proved by many Patents of Emperours and Kings. Wherein verily, their piety is worthy of all honour. For they judged, that unto them, who were most acquain∣ted with Sacred affairs, and to whom the Pastorall Regiment was by God com∣mitted, that other Regiment, which flows from the Imperiall Power, might also be

committed most safely. Would the event had not oft deceiv'd them, in their so ho∣nourable design. In the mean time, they, who endure not Pastors to be call'd, in any part, Vicars of the Highest Powers, are to advised to depose their errour, mo∣ved either by reason, or the Authority of Laws and Histories. * 1.471 Elsewhere we see, the care of holy things was committed to Pastors with others, not Pastors, but pious and learned men, and that not without example of Divine Authority. For the great Synedry of LXX. among the He∣brews, upon whom, among other things, the care of Religion lay, consisted of Priests, Levits, and men chosen out of the people. No doubt, in matters of Religion, (yea in all Judgements, if I mistake not) the High Priest gave his sentence before the rest. Yet so, that the Kings Vice∣gerent, who was entitled Nasi, had the first place, and asked the Votes. After which exemplar, I observe, the Ecclesia∣sticall Senate is compos'd in the Palati∣nate. This Conjunction of the lesser Powers with the Bishops I find also in Justinian. * 1.472 Certaine it is, in the Deposi∣tion of Bishops, the judgements of the Synod, and of the Synators or Judges ad∣joyned by the Emperours, met together.

So, Pholinus is deposed by the sentence of the Bishop, and the men of Senators rank, whose names are recorded in Epiphanius. Sometimes therefore, the lesser Powers were associated to the Pastors, only to suppresse violence and tumult; sometimes, to give sentence with them. And so, in the election of Bishops, Justinians Law united with the Clergy, the City Magi∣strates. Which manner had not its first Originall then; for Theodoret tels us, After the death of Athanasius, Peter was made Bishop by the suffrages of the Clergy, and of the men in dignity and office. Yea, times have so fallen out, that, by reason of Schisms or the tumour of Bishops, it was necessary, this weighty part, the care of Sacred things with command, should be committed to the inferiour Powers, * 1.473 and that without the Bishops. For, Aelianus Constantin's Proconsul, and Marcellinus, by Commission of Honorius, examin'd the Laws of the Donatists, and gave sentence 'twixt the parties, as above is noted. And in the Court of CP. one of the Patricians did particularly attend the Church affairs: whence his Office had its name. So also, the Parliaments of France by appeal, the Senate of Spain by way of opposition, the Court of Holland by penall writs, corre∣cted

the errours of the Ecclesiastic cen∣sure.

* 1.474 Moreover, that the right of electing or presenting Pastors (the right of ordaining saved to the Pastors, and of probation to the people) was oft times allowed to lay∣men alone, is clear enough. And this is the Right of Patronage, which, not with us only, is in force, but in England and the Palatinate, as may be seen in the English Canons and the Palatine Constitutions. Now, as we doe not blame their piety, who are sollicitous, lest any mischief be done the Church, under colour of this right; so the truth exacteth at our hands, not to let passe in silence the temerarious Assertion of those men, who say this right is a new thing, and depends upon the Au∣thority of the Pope. Surely, Justinian is not a new Emperour, nor liv'd he under the Popes Domination, yet hath he establi∣shed this Right by a Law. * 1.475 If any devout per∣son hath built a House, and will ordain Clerks in it (here to ordaine, the Latine Interpre∣ter translated for, to elect) either himself or his Heirs, if they maintaine the Clericks, and name such as are worthy, the named shall be ordained: but if the presentees are, by the Holy Rules, excluded as unworthy of Ordi∣nation, then let the most Sacred Bishop

ordaine such as he shall find more worthy. This Law was published by Justinian a∣bout the year DXLI. at what time the Ro∣man Bishops were at the Emperors devo∣tion and created by them. There is also another Constitution of the same Emperour set forth as is thought in the year DLV. * 1.476 and inscribed to the Bishop of C P. Which permits the Founders of Churches, or of maintenance, to appoint Clericks, if yet they be found worthy by the Bishops exa∣mination. And in the year DLIII. a Ca∣non was made is the Councill of Tolen, to the same effect. About the yeare DCCCXXVII. were collected the Con∣stitutions of Charls the Great, wherein we find, If Laic (Patrons) present unto the Bishops Cleriks approved both for their life and learning to be consecrated, and consti∣tuted in their Churches, by no means let them be rejected. Not only Pastors of in∣ferior degree, but Bishops also were con∣stituted by the Dukes of Bavaria and Saxonia, by a Right long since derived from the German Emperours, as hath been observ'd by others. When as, with∣out such Grant, the Investiture of Bishops (as Hermoldus of old hath written) is pro∣per to the Imperiall Majestie. Wherefore this Right was extracted from the Con∣stitution

and Concession of Emperors and Kings, and is an Of-spring flowing from the Right of the Highest Power. And it is so far from depending on the Popes Authority, that on the contrary, the makers and Interpreters of the Papall Law, have opposed or clipped nothing more eagerly, desiring to perswade the world, that all benefices are the Patrimony of the Pope. * 1.477 Panormitan is chief among them: whom I had much rather have for my adversary in such a matter, than my Second. For I know, most of his Comments in this kind are refuted by Covarruvia and Duarenus and other Lawyers: * 1.478 and wisemen have herein alwaies differ'd from the Clergy of those times, even unto our age. See but what the the Holland Senate hath no∣ted in the Trent-acts, as contrary to the old Law of our Nation. * 1.479 To the IV. Sect. c. 12. In this Chapter the Lay Patrons seem to be grieved. To the xxv. Sect. c. 4. We must beware, lest by uniting Parish Chur∣ches and single Benifices, prejudice be done to the Lay Patrons: and in other places more to the like effect. This was then the judgement of the Senate, the Keeper of the old Customs of our Country: which may more justly be defended by us, than what our Ancestors in their unhappy time,

esteem'd intollerable. But what if the Ro∣man Bishops themselves; what if Panor∣mitan himself durst not require of Lay Patrons, what is now required, by vertue of their Authority? I will not dispute a∣bout the word, whether the Collation of the Patron may be call'd Election * 1.480, and yet Clement III. calld it so. These words are cited: In a Conventuall Church, the assent of the Patron is better requir'd, not to the election of the Prelate to be made, but after it is made: the following words, which are very materiall being omitted: unlesse the custome be otherwise by reason of his Jurisdiction. For, many ages before, and in many places, the custome was other∣wise; and namely in our Holland. Wit∣nesse againe the Senate: * 1.481 Note, that if the first Prebend to be void, in Collegiat Chur∣ches, be assigned to the Readers of Divinity; the King and other Lay Patrons, whose right it is in the Collegiat Churches of Holland, in every Chapter, should be de∣prived of the presentation of the Prebend first to be void. In such a Collegiat or Conventuall Church, the Pope hardly admitted a Lay Patron; but the Empe∣rors, Kings, and the Princes of our Hol∣land, as we now heard, have admitted him, even to the memory of our Fathers; and

therefore, the Pope fearing he should not be obeyed, added to his decree the excep∣tion of Custome; which many as it now appears, if they had a Papacy, would not adde. That our States abrogated the Right of Patronage, neither is true, nor can be said without their injury. For they mention, among the causes of the trou∣bles, the Acts of the Trent Synod; and shew, that nothing did more hinder the publication of them, than that the Lay-Pa∣trons complained, their Right was infrin∣ged by those Constitutions. What opi∣nion the States themselves had of the bu∣sinesse, we have heard their own words. This is a certain truth, that both the ele∣ction made by the Patrons may, * 1.482 upon just causes, be rescinded by the Highest Pow∣er, and all this Right, no lesse than other things which are the properties of private men, is Subject to the Commands of Law. To which restraint, if we adde both the exploration of the people, and the Pasto∣rall Ordination, the corruption of the Church need no more be feared, from Noble Patrons, than from Rustic El∣ders.

* 1.483 Two things remaine to be spoken, be∣fore I conclude this part, concerning de∣rived Right. The one is this, that the In∣feriour

powers have, by Divine Right, us Authority at all about Sacred things. What ere they have, they have it as by the Su∣preme, which we have elswhere noted. Wherefore, neither Joseph the Decurion, nor the Proconsull Sergius, could doe more in the Church, than any private person. Because, neither the former from the great Synedry, nor the later from the Roman Emperour, had received any Power, to dispose of Ecclesiasticall af∣fairs. And no man ought to snatch to him∣self the sword, or any part thereof. The other is this: * 1.484 Being the tuition of the Church is a principall part of the Supreme Autho∣rity, the Highest Powers will doe wisely, if they grant as little as may be of it to the Magistrats. And whatsoever they grant, let them take care at least, to commend these most noble Offices, only to their most noble Peers. For, if the charge of Checker mony and Coine is committed not to the Municipall Judges, but to men of higher place, how much more doth it concerne the publick safety, and the Chur∣ches honour, that Ecclesiasticall affairs be not devolved to inferior tribunals. So, in France, no Judges below the Parliament have cognizance of abuses of the Eccle∣siastic censure; nor with us, of old, be∣low

the Senate of Holland. * 1.485. But, the In∣spection of the Church affairs is not easily to be deferr'd to them, who are not in the Churches books. For, seeing both Jews and Christians held it irreligious, to carry their private complaints before such as were Aliens to their Law; much more unworthy were it and dishonourable, in so great frequency of Right believers, that the wounds of the Church should be committed to the cure of any other persons, but only to the Sons of the Church.

THE END.

Soli Deo Gloria.

Notes

• * 1.1

  1. The state of the que∣stion.
• * 1.2

  2. An Ar∣gument, from the Unity of the mat∣ter, pro∣ved by Scripture, Rom. 13 4.
• * 1.3

  Pro. 20.8.
• * 1.4

  Col. 3.20.
• * 1.5

  3. And by naturall reason.
• * 1.6

  4. An ar∣gument from the Universa∣lity of the end, pro∣ved by Scripture.
• * 1.7

  1 Tim. 2.2
• * 1.8

  5. And by Philoso∣phy.
• * 1.9

  In fine Eu∣dem
• * 1.10

  6. The right vin∣dicated by direct au∣thority of Scripture. Deut. 17.19. Jos. 1.8. Ps. 2.12.
• * 1.11

  Es. 49.23.60.13.16.
• * 1.12

  7. By the consent of the anti∣ent Chri∣stians;
• * 1.13

  8. And of the Re∣formed.
• * 1.14

  9. And of the Hea∣thens.
• * 1.15

  10. With respect unto crer∣nall hap∣pinesse;
• * 1.16

  11. And unto tem∣porall prosperi∣ty.
• * 1.17

  Mat. 6.33.
• * 1.18

  12. Which follows true Reli∣gion by vertue of divine Provi∣dence.
• * 1.19

  Ep.••st. 42.
• * 1.20

  13. And by its own nature; in respect of Morall Precepts, and do∣ctrines, and rites.
• * 1.21

  14. More reasons added.
• * 1.22

  1. All Functions are under Com∣mand.
• * 1.23

  2. Some by Ema∣nation.
• * 1.24

  3. The Su∣preme Authority, and the Sacred Function, united in the same Person, by the Law of Nature.
• * 1.25

  4. It was so before Moses, and after, among the Na∣tions.
• * 1.26

  Gen. 18.16.
• * 1.27

  5. The Su∣preme Authori∣ty, and Sacred Function, separated by the Law of Moses.
• * 1.28

  Est 54.13. Jo. 6.45.
• * 1.29

  Heb. 8.10.
• * 1.30

  1 Pet. 11.9.
• * 1.31

  Apoc. 1.6.5.10.
• * 1.32

  6. And by the Chri∣stian Law.
• * 1.33

  Tim. 11. A.
• * 1.34

  Can. 6.81.83.
• * 1.35

  Can. 16.
• * 1.36

  Can. 3.7.
• * 1.37

  Novel. 123 Cap. 5.
• * 1.38

  7. Sacred names & Priv••le∣ges given to the H••ghest Powers.
• * 1.39

  1. Internal actions not sub∣ject to the Higher Power, but in re∣lation to external.
• * 1.40

  Rom. 13.5.
• * 1.41

  2. Actions either de∣termined or not de∣termined, before any hu∣mane Com∣mand.
• * 1.42

  3. Actions determi∣ned by Law Di∣vine ei∣ther na∣turall, or positive.
• * 1.43

  Deut. 4.8.
• * 1.44

  4. Actions undeter∣mined are the mat∣ter of hu∣mane Law, and also de∣termined, both be∣cause of their ad∣juncts and of a new Ob∣ligation. Eth. 5.10.
• * 1.45

  Rom. 11.23.
• * 1.46

  Rom. 13.2.
• * 1.47

  5. Acts not under Humane Com∣mand, are only those that are repug∣nant to Divine Law.
• * 1.48

  6. Com∣mands repugnant to Divine Law bind to a non∣resistance, & where∣fore.
• * 1.49

  1. Miht. Sect. 4. D. de••ve Mi∣ht.
• * 1.50

  Rom. 13.2.
• * 1.51

  1 Sam. 8.
• * 1.52

  Dent. 17.17, 20.
• * 1.53

  L.••enult. D. de Just. & jure.
• * 1.54

  1 Sam. 24.7.26.9.
• * 1.55

  7. Subor∣dinate Powers not ex∣empted from that Obligati∣on.
• * 1.56

  1 Sam. 24, 7.
• * 1.57

  8. Exam∣ples alle ged to the contrary answered.
• * 1.58

  9. The difference 'twixt in∣ternall a∣ctions and exter∣nall.
• * 1.59

  10. What God com∣mands, cannot be forbid∣den by by man with vali∣dity.
• * 1.60

  Acts 4.19.
• * 1.61

  Luke 24.
• * 1.62

  11. How Religion is not sub∣ject to Humane Power.
• * 1.63

  L. cum sa∣lut. L. de sum. Trin.
• * 1.64

  2 Chron. 29.15.30.12.
• * 1.65

  12. And how it is Subject.
• * 1.66

  Nov. 138.
• * 1.67

  Ep. 48.
• * 1.68

  Rom. 1.32.
• * 1.69

  13. The Highest Power may de∣termine any Acti∣ons not a••ore de∣termined by God.
• * 1.70

  15 am. 10.15.
• * 1.71

  14. Re∣sistance under colour of Religion, unlawfull, preved by Scripture & exam∣ples, and Objecti∣ons an∣swered.
• * 1.72

  Mat. 26.52.
• * 1.73

  1 Pet. 2.16.
• * 1.74

  15. Not so many por∣ticula••s in Sacred things, as in Secu∣lar, under Humane Power: with the reason of it.
• * 1.75

  1. That Christ In∣stituted the Pasto∣rall offi••e, answered.
• * 1.76

  2. That the Magi∣strate is not of the essence of the Church, answered.
• * 1.77

  3. An ob∣jection out of E∣say answe∣red. Esay 49.23. Whether Kings are under the believing people, or Church. Nebem. 8.8
• * 1.78

  Psa. 72.9.
• * 1.79

  Apos. 1.5.
• * 1.80

  L••. 22.25.
• * 1.81

  1 Sam. 8.19.
• * 1.82

  Rom. 13.1. 1 Pet. 2.13
• * 1.83

  1 Sam. 17.8.22.12. 1 Reg. 1.32
• * 1.84

  4. That Kings are under the Pastors function, answered.
• * 1.85

  5. The Objecti∣on, taken from the Kingdom of Christ, answer d. And what that King∣dome is; and whe∣ther he hath Vi∣cars.
• * 1.86

  6. Pasto∣rall Go∣vemment over∣throws not the Authority of the H. Powers.
• * 1.87

  Distincti∣ons of Govern∣ment: Directive. Constitu∣tive. By con∣sent. By Com∣mand. Supreme, Inferiour, Inferior, By ema∣nation. By subje∣ction on∣ly.
• * 1.88

  8. Pastors have no coactive or tempo∣rall Pow∣er: proved by Scrip∣ture and Fathers. 1 Pet. 5.3.
• * 1.89

  Antig. 13.2.
• * 1.90

  Phil. 2.
• * 1.91

  Lu. 12.14.
• * 1.92

  1 Jo. 1.1.
• * 1.93

  1 Cor. 11.23.
• * 1.94

  1 Cor. 7.25
• * 1.95

  2 Cor. 9.7.8.8.
• * 1.96

  9. Their Govern∣ment Sua∣sory and Declara∣tive. Heb. 13.7.17.
• * 1.97

  1 Tues. 5.12.
• * 1.98

  1 Tim. 5.17.
• * 1.99

  Jo. 21.16. Ast. 20.28 1 Pit 3.
• * 1.100

  Act. 15.23.
• * 1.101

  18. The Church hath no Power of command by Divine right.
• * 1.102

  2 Cor. 10.4
• * 1.103

  Eph. 6.17.
• * 1.104

  Phil. 3.20.
• * 1.105

  11. The Church hath a Govern∣ment Con∣stitutive, by con∣sent: pro∣ved by reason, and ex∣amples of Scripture. Col. 2.16.
• * 1.106

  Act. 20.7. 1 Cor. 16.2 Apoc. 1.20.
• * 1.107

  12. The Supreme Authority compati∣ble to the Church: the Inferi∣our only to Pastors.
• * 1.108

  1 Mac. 4.59.
• * 1.109

  13. The Authority of the H. Powers not over∣thrown, by the di∣rective & declara∣tive regi∣ment of Pastors.
• * 1.110

  14. Nor by the con∣stitutive;
• * 1.111

  14. Nor by any t••m∣porall power gi∣ven them by Posi∣tive Law.
• * 1.112

  1. The word, Judge∣ment, ex∣plained.
• * 1.113

  2. It per∣tains to the High∣est Power.
• * 1.114

  3. Notwithstan∣ding, that they may e••••e.
• * 1.115

  4. Notwithstan∣ding, that Christ is Supreme Judge.
• * 1.116

  5. How the Scripi∣ture is Judge.
• * 1.117

  Jo. 7.51.12.48.
• * 1.118

  6. How the Pa∣stors and the Church is Judge.
• * 1.119

  7. Under∣standing is requi∣red unto Judgment.
• * 1.120

  Deut. 17.8.
• * 1.121

  Jos. 1.8.
• * 1.122

  8. The Highest Powers capable of sufficient under∣standing.
• * 1.123

  9. Divine things, that are necessary, are easy to bee known.
• * 1.124

  Rom. 12.3.
• * 1.125

  10. Heln from God, by Prayer.
• * 1.126

  Ps. 72.1.
• * 1.127

  Ps. 51.8.
• * 1.128

  1 Reg. 3.
• * 1.129

  Num. 11.27.25. Dent. 34.9
• * 1.130

  Heb. 1.
• * 1.131

  M••••. 13.8.
• * 1.132

  Rom. 10.8. •• Cor. 4.3, 4
• * 1.133

  Num. 1.29
• * 1.134

  1 Tim. ••.4••
• * 1.135

  11. Piety is also re∣quired in the Higher Powers, to enable them to judge. Deut. 17.19. Jos. 1.7, 8.
• * 1.136

  1 Tim. 1.6.7.
• * 1.137

  12. A di∣stinction 'twixt the rect••tude and the validity of an acti∣on apply∣ed.
• * 1.138

  13. Insi∣del Prin∣ces may judge of Sacred things. Examples hereof
• * 1.139

  Act. 14.
• * 1.140

  14. And the reason of it.
• * 1.141

  De bone persev. cap. 14.
• * 1.142

  Jo. 5.30.
• * 1.143

  Act. 17.11
• * 1.144

  15. Cate∣chumens not exclu∣ded from Judge∣ment.
• * 1.145

  16. Right to judge is one thing, A∣bility a∣nother. And this illustrated by Si••i∣l••cs.
• * 1.146

  1 Cor. 14.31.
• * 1.147

  17. The Judgment of the Pro∣phets not privative of the Highest Powers.
• * 1.148

  Deut. 18.22.
• * 1.149

  1 Jo. 4.1.
• * 1.150

  1 Thes. 5.19, 20, 21.
• * 1.151

  1 Cor. 14.29.
• * 1.152

  1 Cor. 12.9.
• * 1.153

  1 Cor. 11.
• * 1.154

  Epist. 33.
• * 1.155

  18. The Kings of the old Testa∣ment jud∣ged not as Prophets only, but as Kings.
• * 1.156

  Luke 10.24.
• * 1.157

  1. The Right, & the use of it distinct.
• * 1.158

  2. Pious and lear∣ned Pa∣stors to be con∣sulted by the High∣est Power.
• * 1.159

  3. Princi∣ples of Faith In∣trinsecall Extrin∣secall, Divine Humane.
• * 1.160

  4. Of Di∣vine Au∣thority proposed by men.
• * 1.161

  5. And the state of the question 'twixt Prote∣stants and Papists.
• * 1.162

  6. When 'tis sit to ••∣rest in hu∣mane Au∣thority. 2 Cor. Hom. 13.
• * 1.163

  7. No man may pin his faith of salvati∣on upon another: proved by Scripture and rea∣son.
• * 1.164

  Rom. 4.3.10.17.
• * 1.165

  Jo. 4.28.
• * 1.166

  Mat. 15.9.
• * 1.167

  1 Thes 2.13.
• * 1.168

  8. In mat∣ters not determi∣ned by Scripture, more may be given to Human Judge∣ment.
• * 1.169

  9. The Prince must use his own judge∣ment, e∣specially where Counsel louis doe not agrec.
• * 1.170

  10. An ob∣jection out of Deut. an∣swered.
• * 1.171

  Deut. 17.8
• * 1.172

  M••. 23.2.
• * 1.173

  Deut. 17.12.
• * 1.174

  11. Ano∣ther out of Numb. 27.
• * 1.175

  Tit. 2.11.
• * 1.176

  12. Care must be had of the Churches Peace and Unity.
• * 1.177

  Jo. 13 35.
• * 1.178

  Act. 4.32.
• * 1.179

  13. Cauti∣ions and R••les condu∣cing to Unity. F••w De∣cisions, in points of Faith.
• * 1.180

  14. And those in in Gene∣rall Coun∣cils.
• * 1.181

  15. Eccle∣siasticall Laws de∣liver'd in a per∣suasive way.
• * 1.182

  16. How top e∣serve u∣nity in point of ceremo∣nies.
• * 1.183

  17. High∣est Pow∣ers need the Mini∣stry of o∣thers.
• * 1.184

  18. Pru∣dentiall Rules have their excepti∣ons: and whence.
• * 1.185

  19. The Distincti∣on of power ab∣solute and ordinary, erroneous
• * 1.186

  L. 3.d. de Leg.
• * 1.187

  20. Highest powers how far obliged to their own Laws
• * 1.188

  Nov. 105.
• * 1.189

  1 Cor. 6.12.23.
• * 1.190

  L.••non om∣ne. d. de reg. jur.
• * 1.191

  Pro Rabir.
• * 1.192

  1. What we mean by Sy∣nods.
• * 1.193

  2. No Pre∣cept in Scripture for Sy∣nods.
• * 1.194

  3. Their Original not from Act. 15.
• * 1.195

  Act. 15.3.
• * 1.196

  4. But from the Law of Nature: with a di∣stinction of the Law of Nature, Absolute, After a sort;
• * 1.197

  5. Synods not from the Law of Nature absolute.
• * 1.198

  6. Synods under the Pagan Empe∣rours, by what right.
• * 1.199

  Act. 24.14.
• * 1.200

  6. Synods called by Christian Empe∣rours.
• * 1.201

  8. Three Questions about Sy∣nods.
• * 1.202

  9.1. Whe∣ther the H Power may go∣vern with∣our a Sy∣nod.
• * 1.203

  10. The affirma∣tive pro∣ved by ex∣amples.
• * 1.204

  11. Three ends of Synods: yet not necessary. Counsell. Consent. Jarisdicti∣on.
• * 1.205

  12. Sy∣nods some∣times not usefull.
• * 1.206

  13. Accu∣sers may not be Judges in a Synod.
• * 1.207

  14. Sy∣nods som∣times hurtsull.
• * 1.208

  1 Cor. 3.13
• * 1.209

  Phil. 3.15.
• * 1.210

  15. What may serve in their stead.
• * 1.211

  16. O. her causes to deny Sy∣nods, be∣side the generall corrupti∣on of Re∣ligion.
• * 1.212

  Epist. 24.
• * 1.213

  In 4. prac. loc. 5.
• * 1.214

  17. What is to be done, till 2 free Councill may be called.
• * 1.215

  18 Synods not cald without the High∣est Power.
• * 1.216

  19. Whet∣ther the Highest power may choose the Synod∣men.
• * 1.217

  20. The Right of the Pri∣mitive Church. And the Assem∣bling of Bishops.
• * 1.218

  Acts 15.2.12.
• * 1.219

  21. The Empe∣rours en∣cyclic let∣ters to the Metropo∣litans.
• * 1.220

  22. The Highest Power may elect Pastors for the Sy∣nod. Pro∣ved by reason, and ex∣amples.
• * 1.221

  1 King. 22.
• * 1.222

  23. When the ele∣ction is permitted to others, the High∣est Pow∣er com∣mands ••••••∣veri.
• * 1.223

  24. The H. Power may judge in Synod.
• * 1.224

  25. Whe∣their it be expedient or no, in person.
• * 1.225

  26. The Highest Powers present in Synods by their De∣puties.
• * 1.226

  27. III. What is the High∣est Pow∣ers right after Sy∣nod.
• * 1.227

  The Epi∣crisis: wherein is con∣tain'd right to change, to adde, to take a∣way.
• * 1.228

  28. An objection answered.
• * 1.229

  D. quando appell.
• * 1.230

  28. The manner of giving the Epi∣crisis, or finall judge∣ment; And of Appeal.
• * 1.231

  Dio.
• * 1.232

  29. The Epicrisis in parts of Religion, as well as in the whole.
• * 1.233

  1. The se∣verall acts of Autho∣rity are Legisla∣tion, Ju∣risdiction, and ano∣ther with∣out speci∣all name.
• * 1.234

  Mat. 8.9.
• * 1.235

  2. Where∣in is Le∣gislation.
• * 1.236

  3. It be∣longs to the High∣est Pow∣er, about the whole Body of Publick Religion.
• * 1.237

  4. Answer to the Ob∣jection of the change of Religion.
• * 1.238

  Pro. 25.1.
• * 1.239

  5. Religi∣on must not be brought in by the force of subjects.
• * 1.240

  Deut. 7.5.
• * 1.241

  6. False & Schis∣maticall worship, by the Highest Power, sometimes prohibited and pu∣nisht.
• * 1.242

  7. Some∣times dis∣sembled and regu∣lated.
• * 1.243

  8. Legisla∣tion in the parts of Religion.
• * 1.244

  9. Sup∣peslion of unpro∣fitable questions, So••••m. 1.7. c. 12 〈◊〉〈◊〉 cle∣ric. D. de sum. ••••init. And of words not found in So pure, N••••••on
• * 1.245

  De side.
• * 1.246

  10. The Regula∣ting of Church mens con∣versation.
• * 1.247

  Novel. b.c. 11.
• * 1.248

  In Greg. 4.
• * 1.249

  11. Lawes about things un∣determi∣ned by Divine Law; And that, beside the Canons.
• * 1.250

  12. Yet the Ca∣nons are of use, in the ma∣king of Lawes.
• * 1.251

  13. No Legisla∣tive Power belongs to the Church by Divine Right.
• * 1.252

  14. Y••t it may be granted by the Law Posi∣tive; cu∣mulative∣ly, n••t••ri∣vatively; and not without subordi∣nation and de∣pendence.
• * 1.253

  Come. Tolet. 6. can. &c.
• * 1.254

  15. How Kings have con∣fessed them∣selves bound by Canons.
• * 1.255

  16. The Canons dispensed with by Empe∣rours. 1. Exam∣ples here∣of, even in the Apo∣stolicall.
• * 1.256

  1 Tim. 3.6.
• * 1.257

  1 Tim. 5.9.
• * 1.258

  17. Divine Lawes al∣so mode∣rat••d by equity. Let ••••.7.10 & 22.
• * 1.259

  1. Jutisdi∣ction a∣bout Sa∣cred things be∣longs to the High∣est Power.
• * 1.260

  2. The ef∣fects of it are decla∣red.
• * 1.261

  Ep. 3. v. 10
• * 1.262

  3. Juris∣diction properly so called belongs not natu∣rally to the Pa∣stors.
• * 1.263

  4. Yet by Law Po∣sitive it belongd to them in some Na∣tions.
• * 1.264

  Cic. l. 4. ad Attic.
• * 1.265

  De••••. 17.8.
• * 1.266

  L. 3. devit. Mos.
• * 1.267

  5. Pastoral acts of Divine Right, which seeme to come neer to Juris∣diction, and yet are di∣stinct from it.
• * 1.268

  6. The Apostoli∣call rod. 1 Cor 4.21
• * 1.269

  2 Cor. 13.10.
• * 1.270

  10.6.13.2.
• * 1.271

  Acts 4.13.
• * 1.272

  1 Tim. 1.20. 1 Cor. 5.
• * 1.273

  Acts 3.12.
• * 1.274

  1 Cor. 5.2.
• * 1.275

  Gal. 5.12.
• * 1.276

  7. The use of the Keys.
• * 1.277

  8. Pre∣scription of the works of penance, by way of direction or persua∣sion.
• * 1.278

  9. Non∣exhibi∣tion of Sacra∣ments.
• * 1.279

  1 Cor. 11.29.
• * 1.280

  10. The Churches acts of Divine right, which seem to come neer Jurisdi∣ction, but yet are distin∣guisht ••om it. Separati∣on. Epist. 68. Jo. 10. Rom. 16.17.
• * 1.281

  Ti••. 3.2 Thess. 3.6.14. 2 Tim. 3.6. 1 Cor. 5.9.13 1 Tim. 6.6.12.
• * 1.282

  1 Cor. 5.12.
• * 1.283

  Mat. 7.1.11. Cano∣nical acts, superad∣ded to the acts of Divine right, and distinct frō; them.
• * 1.284

  Cone. An cyr. Can. 2. & 5.
• * 1.285

  1 Tim. 5.19.
• * 1.286

  12. Juris∣diction granted to Pastors by Posi∣tive Law.
• * 1.287

  L. 5. Ep. 32
• * 1.288

  Nov. 89.
• * 1.289

  Cap. 9.
• * 1.290

  I. 1. Cod. de sent. pr. pr. l à procon. C. Th. de appel.
• * 1.291

  Sancimus, Cod. Epill. Cand.
• * 1.292

  13. The efficacy of his Ju∣risdiction.
• * 1.293

  14. The Jewes had the like granted them.
• * 1.294

  L. generali∣ter. ff. de dicurr.
• * 1.295

  15. The accesso∣ries of Excom∣municati∣on.
• * 1.296

  L. 6. de Bel. Gall.
• * 1.297

  16. All Pastoral Junisdicti∣on pro∣perly so called flowes from the H., Power.
• * 1.298

  17. How far those Pastoral acts may be used upon the Supreme Gover∣nour. Of the use of the Keyes.
• * 1.299

  18. Under which pretence, cannot be excused seditious Sermons, Which are refel∣led by Scripture, and the objections answered.
• * 1.300

  2. Sam. 16.11.
• * 1.301

  2 Chron. 24.20.
• * 1.302

  Mat. 18.17.
• * 1.303

  2 Cor. 2.6.
• * 1.304

  1 Tim. 5.20.
• * 1.305

  1 Tim. 5.1.
• * 1.306

  19. All coaction of the Highest Powers unlawfull.
• * 1.307

  2 Chr. 26.20.
• * 1.308

  20. Cano∣nicall acts cannot be exercis'd against the High∣est Power, without consent.
• * 1.309

  Ps. 1.51.
• * 1.310

  l. 〈…〉〈…〉
• * 1.311

  21. How the Pastor may satis∣fy his con∣science.
• * 1.312

  22. What is the Right of the High∣est Power, about the fore said acts of Pastors and Chur∣ches.
• * 1.313

  1 3.Cod. de ••pisc. & Cl••ic.
• * 1.314

  Novel. 123
• * 1.315

  2 Chron. 19.8. & 11.
• * 1.316

  22. Eccle∣siasticall app••als depend on the High∣est Power.
• * 1.317

  23. Exer∣cise of Su∣preme Ju∣risdiction by himself or others.
• * 1.318

  Can. 12.
• * 1.319

  24. The Highest Power may dis∣pense with Ca∣nonicall and Legal penalties; And judg whether Excom∣munica∣tion bee just or no.
• * 1.320

  1. Two perpetuall functions, of Presby∣te••s and Deacons; And their difference.
• * 1.321

  C. 38.40.41. C. 44.
• * 1.322

  2. These four di∣stingui∣shed, Mandate. O dinati∣on. Election, Confir∣mation.
• * 1.323

  3. Of Or∣dination without a Title.
• * 1.324

  4. Ordi∣nation on∣ly by Pa∣stors, 1 Tim. 5.22.
• * 1.325

  5. The H. Power hath Au∣thority over it.
• * 1.326

  2 Chro. 29.3.
• * 1.327

  Cap. 7.
• * 1.328

  6. Right Immuta∣ble, Mutable.
• * 1.329

  7. How the Election of Pastors belongs to the Church.
• * 1.330

  8. Aposto∣lical In∣stitutions subject to change.
• * 1.331

  9. Dea∣cons, but not Pa∣stors, ele∣cted by the peo∣ple.
• * 1.332

  2 Cor. 8.20
• * 1.333

  10 Pa∣stors in the A∣postles time ele∣cted by the Holy Spirit, And Ma∣thias the Apostle. Jo. 6.70.13.18. Acts 1.2. Gal. 1.1.
• * 1.334

  Luke 10.1.
• * 1.335

  Luke 10.2.
• * 1.336

  Rom. 10.15.
• * 1.337

  1 Tim. 1.18.
• * 1.338

  Acts 20.
• * 1.339

  Acts 1.23, &c.
• * 1.340

  11. Popu∣lar electi∣ons not proved by. Acts 14.23.
• * 1.341

  Til. 1.5.
• * 1.342

  12. Nor by the precept of avoy∣ding false Teachers.
• * 1.343

  13. The old way of trying Pastors in the Pri∣mitive Church.
• * 1.344

  1 Tim. 3.10.
• * 1.345

  Pollu••. l. 8.
• * 1.346

  Can. 6.
• * 1.347

  14 Cyprian doth not confirm, but ever∣throw Po∣pular E∣lection.
• * 1.348

  15. Pastors oft chosen by the Bi∣shops, not by the People.
• * 1.349

  Can. 22.
• * 1.350

  16. The Election of Bishops By the Clergy; By the Compro∣vincial, Bishops.
• * 1.351

  Can. 4.
• * 1.352

  Can. 19.
• * 1.353

  17. Muta∣b••lity in the man∣••er of Election.
• * 1.354

  18. In E∣lections the High∣est Power hath a Le∣gislative right.
• * 1.355

  L. 2. de E∣pisc. Ord. & Inflit.
• * 1.356

  19. And may it self make Ele∣ction, up∣on just cause.
• * 1.357

  20. This proved by reason;
• * 1.358

  21. And by exam∣ples, in the state of Naturall Law; And un∣der the Moisai∣call.
• * 1.359

  1 Reg. 13.31.
• * 1.360

  Aug. in Ps. 44.
• * 1.361

  22. Exam∣ples of the Roman Empe∣rours, and of the Kings of France.
• * 1.362

  23. Ob∣jections answer'd.
• * 1.363

  24. Of In∣vestitures, by them is meant the Collation of Bisho∣pricks.
• * 1.364

  L. 5. c. 30.
• * 1.365

  25. Exam∣ples of the Kings of England.
• * 1.366

  26. Pa∣stors as well as Bishops may be E∣lected by the High∣est Power.
• * 1.367

  27. Exam∣ples here∣of.
• * 1.368

  Loc. Com. de Elect.
• * 1.369

  28. The Objecti∣on from the abuse of Right, answered.
• * 1.370

  Rainold. 187.
• * 1.371

  29. The Canons and Fa∣thers an∣swered.
• * 1.372

  30. Tou∣ching the Right of Pagan Kings.
• * 1.373

  1 Cor. 6.1.
• * 1.374

  31. The best man∣ner of E∣lection.
• * 1.375

  Arist Eth. 9.14.
• * 1.376

  32. The Right of rescind∣ing Ele∣ctions re∣served stil to the H. Power.
• * 1.377

  33. And of exaucto∣rating Pa∣stors, if need be.
• * 1.378

  34. Al∣though chosen by others.
• * 1.379

  1. Things necessary to be di∣stingu••sh•• 〈◊〉〈◊〉 ••ot necessary.
• * 1.380

  3. Of Bi∣shops and Lay-El∣ders.
• * 1.381

  3 The word shop•• plain Here ••••ken so the O••••sver ••••stors.
• * 1.382

  4 Bishops not a∣gainst Gods word.
• * 1.383

  Mat. 20.26. Mar. 10.44.
• * 1.384

  Jo. 13.13, 14.
• * 1.385

  Ad Fabiol.
• * 1.386

  Eph. 4.11.
• * 1.387

  5. Bishops alwaies in the Ca∣tholick Church.
• * 1.388

  6. Bishops in the time of the Apo∣sties.
• * 1.389

  7. Bishops allowed by the word of God.
• * 1.390

  Act. 20.17, 18.
• * 1.391

  Colloq. cum Harto, c. 8.S.
• * 1.392

  8.A place of Am∣brose exa∣min'd.
• * 1.393

  L••. 1.8.
• * 1.394

  Justin. Nov. 123.
• * 1.395

  9. Timothy and Titus were Bi∣shops.
• * 1.396

  Actione 11
• * 1.397

  Act. 18.11.
• * 1.398

  10. Bi∣shops sti∣led An∣gels, Apo∣stles, Pre∣sidents.
• * 1.399

  11. Pat∣terns of Bishops in the na∣tural Law, in the Mosaical, but most probably the Rulers of Syna∣gogues.
• * 1.400

  Lu. 8.41.
• * 1.401

  Acts 13.15.
• * 1.402

  Jerem. 19.1.
• * 1.403

  L. ult. Cod. Theod. de Jud.
• * 1.404

  12. Bi∣shops of great use to the Church.
• * 1.405

  13. Bi∣shops are not by Di∣vine com∣mand.
• * 1.406

  Epist. 19.
• * 1.407

  14. Not alwaies one Bi∣shop in e∣very City.
• * 1.408

  Acts 6.9.18.8.17.
• * 1.409

  Epist. ad Annoch.
• * 1.410

  15. In whom is the right o•• Ordi∣nation.
• * 1.411

  16. For what rea∣sons Bi∣shops were laid by in some Churches.
• * 1.412

  De Mini∣ster. ••vang. Grad. cap. 23.
• * 1.413

  17. Lay-Elders, none in the Apo∣stolicall ••ime.
• * 1.414

  18. All the anti∣ents by Presby∣ters un∣derstand only Pa∣stors. The am∣bigu••ty of the word Seniors and El∣ders.
• * 1.415

  19. The Peniten∣tiary Pres∣by••er.
• * 1.416

  De peniten••. 1.6.2.
• * 1.417

  20. Pa∣stors may be call'd Priests.
• * 1.418

  Is.66.21.
• * 1.419

  21. Who are the Se∣niors in Tertullian.
• * 1.420

  22. Why the anti∣ent Bi∣shops u∣sed to consult with the Church.
• * 1.421

  Acts 6.2.
• * 1.422

  Acts 21.22.
• * 1.423

  2 Cor. 2.6.
• * 1.424

  Serm. 19. de verb. Dom.
• * 1.425

  23. Who are the Seniors in the suppositi∣ous Am∣brose. 1 Tim. 5.
• * 1.426

  cap. 10.17.
• * 1.427

  24. Li∣berty to interpret Scripture in the Syna∣gogue.
• * 1.428

  25. And in the an∣tient Church: with the d••fference
• * 1.429

  Nov. 133. Cap. 2.
• * 1.430

  26. Lay-Elders, or Assessors, not com∣manded by God.
• * 1.431

  27.Mat. 18.17. Explai∣ned: and the Dif∣ference 'twixt the Synedry and the Consisto∣ty.
• * 1.432

  Mat. 11.19. Mar. 11.15.
• * 1.433

  28. Lay. Elders not spo∣ken of in, the new Testa∣ment.
• * 1.434

  1 Tim. 5.1.
• * 1.435

  29. Why Pastors were call'd El∣ders by the Apo∣stles.
• * 1.436

  30. The Church of Christ compared with the Judaicall Kingdom.
• * 1.437

  31. The Office of Elders in the new Testa∣ment.
• * 1.438

  Acts 20.28.
• * 1.439

  Jac. 5.14.
• * 1.440

  1 Pet. 5.1.
• * 1.441

  32. An answer to the on∣ly place, 2 Tim. 5.17.
• * 1.442

  1 Tim. 5.3.
• * 1.443

  1 Cor. 9.7. &c.
• * 1.444

  Dent. 25.4.
• * 1.445

  Ad Mat. 11.
• * 1.446

  2 Cor. 6.5.
• * 1.447

  11.27.
• * 1.448

  Apoc. 2.2.
• * 1.449

  1 Thes. 5.12.13.
• * 1.450

  33. Other places need no answer.
• * 1.451

  Rom. 12.8.
• * 1.452

  1 Cor. 12.28.
• * 1.453

  34. The Highest Power, or the Church might lawfully institute lay Elders
• * 1.454

  35. This institu∣tion not displea∣sing to God pro∣ved by Scripture.
• * 1.455

  2 Chron. 19.11.
• * 1.456

  2 Cor. 8.19 Phil. 2.22.
• * 1.457

  2 Cor. 8.20.
• * 1.458

  Acts 19.2.
• * 1.459

  36. Exam∣ples in the an∣tient Church drawing toward it.
• * 1.460

  Novel. 56. Conc. Cha••c can. 76.
• * 1.461

  Tit. 3.4.
• * 1.462

  37. The English Church∣wardens not much, unlike the Adsessors.
• * 1.463

  38. The Adsessors be of good use.
• * 1.464

  39. Yet with cer∣••ain cau∣••ions.
• * 1.465

  40. The Genevian election of Adses∣sors.
• * 1.466

  1. The H. power hath need of Vicars in Spiri∣tuals.
• * 1.467

  2. What Autho∣rity may be com∣mitted to inferi∣ours, by the High∣est Power.
• * 1.468

  3. Liberty of Religi∣on tole∣rated sometimes
• * 1.469

  4. Vicars are either substitutes or dele∣gates.
• * 1.470

  5. Bishops substitu∣ted, and Cleriks.
• * 1.471

  6. Pastors and Lay∣men joy∣ned.
• * 1.472

  Nov. 17. c. 11.
• * 1.473

  7. Some∣times Lay∣men alone
• * 1.474

  8. The right of Lay-Pa∣trons an∣tient, and derived from the Regall.
• * 1.475

  Nov. 123.c. 18.
• * 1.476

  Novel. 157.
• * 1.477

  9. Bene∣fices not the Popes Patrimo∣ny.
• * 1.478

  Covar. p. 2 Relig. c. Poss. Sect. 10. Duar. 1. 3. de Minist. cap. 11.
• * 1.479

  10. The Custome of Holland
• * 1.480

  Cap. nobis de Jur. patr. Ex d. c. nob.
• * 1.481

  Ad cap. 1. Sess. 5. Syn. T••id.
• * 1.482

  11. All Patrona∣ges sub∣ject to the Highest Power.
• * 1.483

  12. Infe∣rior pow∣ers have no com∣mand by Divine Right.
• * 1.484

  13. And little is to be given them by the High∣est, in Sa∣cred things.
• * 1.485

  14. None at all un∣lesse they be Ortho∣dox.