DE JURE VNIFORMITATIS ECCLESIASTICAE: OR Three Books, OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES. IN WHICH The chief things, of the Laws of Nature, and Nations, and of the Divine Law, concerning the Consistency of the Ecclesiastical Estate with the Civil, are unfolded. printer's or publisher's device ET EXCUTIT ICTIBUS IGNEM By HUGH DAVIS, LL. B. Late Fellow of New-Colledge in Oxford, and now Chaplain to the Lord Duke of BUCKINGHAM. LONDON, Printed by S. Simmons, and to be sold by T. Helder at the Angel in Little Britain, and S. Lowndes over against Exeter house in the Strand, 1669. To the HIGH and MIGHTY PRINCE CHARLES the II. By the Grace of God, KING of Great Britain, France, and Ireland, Defender of the Faith, etc. EXCELLENT SOVEREIGN, WHile your Great Affairs are prosperously managing, both abroad, and at home; behold here, I present this Book, as one means, in its kind, toward the settlement of the Peace of your Kingdoms. The Rights of an Ecclesiastical Uniformity have been many times debated in the World with Fire and Sword: And Your Kingdoms have been of late, through the debates concerning them, the dire Field of Blood. Which Rights, because it is of so great moment (both to all Divine and Humane Affairs) that they should be duly stated, and because they have never yet been stated by any; I have therefore here adventured the stating of them; and that according to the evident dictates of the Laws of Nature, and Nations, and of the Divine Laws concerning them, and as they make to the preserving, and promoting the Public, and standing welfare, both of Religion, and Government, and the Consistency of Religion with Government; the Principal and Fundamental matters of all Humane Societies. And I have made a search into the frame and fabric of all Humane Affairs, and have unravelled the transactions of the former and present Ages, of the Churches both of the Jews and Gentiles, Christians and Mahometans, for the doing of it. And I here Dedicate it, particularly, to the Peace of Your Majesty's Kingdoms; at least so far forth, as a Book may be a means for the procuring the Public Peace; and where it may meet with men, either of Reason or Conscience, and not of furious Ignorance, or temporal Interests. Behold Great Prince! I Present it at your feet, most Humbly craving leave, that I may light this Candle at the Sun, and draw a Lustre upon this Discourse from Your Majesty's Sovereign Patronage. Herodotus relates it of Midas; In Clio, paulo post princip. That, of all things, he chose to offer at Delphos his Regal Chair, in which he was wont to sit, and give Laws to his Kingdom. It is, because this Book concerns these great matters of Law and Public Right, that I presume to offer it, thus in Duty, to Your Majesty. What the Church Historian tells the Excellent Emperor Theodosius, Sozomen. In Praefat. ad Imperatorem Theodosium. That it was said of him, that he spent the day and night in Counsels and Causes, in looking after his Religious and Civil and Military Affairs: The like is said of Your Majesty, that You are at all times ready at Your Counsels and Deliberations; That You go abroad to Visit Your Garrisons and Navies; and that You spend your time in looking after the settling the Church and State, the Charge committed to you by God. May Religion, and your Majesty's Government long flourish together in your Dominions; that the Divine Blessing may accompany you, and there may never be wanting one to Sat upon the Throne of your Fathers, so long as the Sun and Moon shall endure. YOUR SACRED MAJESTY'S Most Humble, and most Obedient Subject, Hugh Davis. TO THE High Court OF PARLIAMENT; AND To the rest of the Subjects of the KING of GREAT BRITAIN'S Dominions. THE Subject-matters of this Book (Most Noble and Generous Patriots!) contain the sum and substance of Humane Affairs; and which concern the Peace and Tranquillity of the Dominions of Princes. And they are those also which are now upon the Wheel, and more particularly and principally in agitation amongst us, like Balls of Fire thrown to and fro in the midst of us. You have more than once Determined concerning them: And Your determinations claim this Direction and Submission of them to you. And the more peculiar respects which they bear to the occasions of his Majesty's Subjects, the like Direction of them also to them. I have endeavoured the impartial stating of them according to the dictates of the three sorts of Laws currant amongst men: And, where our Affairs Domestic have more particularly occurred, have avoided, what I could, the intermixing with the Heats and Passions of the Times. I do not presume, in the least, in these things (Honourable, and Renowned SENATORS!) to interpose in your Great and Public Counsels, those Sovereign Balms of ENGLAND. Nor to undertake to instruct many of the able and sufficient minds of others, those more Ethereal and Celestial Being's amongst men. But only, if it may be for Information, if for Satisfaction, where there is Occasion for the giving of it; I have adventured the Representing of those great matters which do so highly concern the Establishment and Preservation of the Peace of Your Country, and of all Humane Societies. THE PROLEGOMENA TO THE Three Books ENSUING. Divers have written of the divers sorts of Laws amongst men; Of the Laws of Nature, and Nations, and of the Divine Laws: And that both more generally and particularly. Divers also have applied those Laws diversely: And that both in respect to the Civil and Ecclesiastical part of Humane Affairs: But none yet hath applied them to the Rights of an Ecclesiastical Uniformity, (viz.) those of the Prince, the Priest, and the People belonging to it; Nor digested those Rights into any due connexion and order (viz.) as they make to the preserving, and promoting the public welfare both of Religion, and Government, and the Consistency of Religion with Government. And yet scarce any thing, next to the Divine Law itself, is of greater moment to Humane Societies. Right is the Public Cement of all Humane Affairs; and that which all men contend about, and expect, even from God himself; And Religion and Government, and their mutual consistency, are the things primarily fundamental to the very being, and welfare of all Humane Societies, besides what respects they have to another world. Wherefore Plato calls, In Gorgian, prope fin. all preparations both of War and Peace which are made in a City, Toys, if Justice and Temperance be not preserved in it. In Hercule furent. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 paulò post princip. And Amphitryo in Euripides, cries out to Jupiter; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But dost thou not know how to save thy Friends? Either thou art an unskilful God, or else thou art not just. And Cicero, in his Books of Laws, Nihil tam aptum est ad jus, conditionemque naturae; quam Imperium, sine quo nec Domus ulla, nec Civitas, nec Gens, nec hominum Vniversorum Genus stare, nec Rerum Natura omnis, nec ipse Mundus potest: There is nothing is so suitable to the Right and condition of Nature as Government; without which neither any private Family, nor City, nor Nation, nor all Mankind, nor yet the whole nature of things, nor the very world itself can subsist. R. Simeon, in Pirke Avoth. Cap. 4. & Talmud L. Jucasin, Fol. 13. Plaut. Pers. 5. And the Jews Celebrate a threefold Crown, which made Israel to flourish: The Crown of the Law, and of the King, and of the Priest. And the acute Comedian; Quid id, quod vidisti, ut munitum muro tibi visu ' st oppidum? etc. What is that thou sawest, which seemed to be like a Town, fortified with a wall? P. If the Inhabitants be well mannered, I think it to be very well fortified: If Perfidiousness, and Theft, and Covetousness, be banished out of the City. If the fourth thing Envy, the fifth Ambition, the sixth Slander, The seventh Perjury. T. Ha' well said. P. The eight Idleness; The Ninth Oppression; and the Tenth the worst of wickedness. Unless these things be absent from it, an hundred-fold wall will be but a small matter for the preservation of its Affairs. In the Kingdom of Israel, God himself distributed those Rights of an Uniformity amongst the several Estates. And that at divers times, and in divers manners, according to the several occasions of that Society: But yet there are no footsteps to be found of any Humane Collection that ever was made of them. The first Governments of Greece were fetched from other Countries; but most of all from Egypt, which was then of most Fame and Note, for learning and wisdom, and the better ordering of mankind: and whether all, who would be men of Renown, were wont first to Travel; and from whence the Egyptians boast, that Moses the Hebrew, and Orpheus, and Homer, and Lycurgus, and Solon, and the other men of Fame, of those times, derived their Knowledge. And the like is to be said of the Roman State; that the most ancient settled Laws of the Ten Tables (afterwards made Twelve) in the time of the first Consuls were fetched from Greece. Placuit Publica Authoritate, D. De Origine Jur. L. 2. ¶ Exoctis. says Pomponius, decem constitui viros, per quos peterentur Leges a Graecis Civitatibus: That it was thought fit, that Ten men should be appointed by Public Authority, by whom Laws should be fetched from the Cities of Greece. And in the remainders of the many excellent, both Greek and Roman Writers, (of several sorts) there are divers of the Rights of an Ecclesiastical Uniformity, and of the matters relating to them, dispersedly mentioned; especially those belonging to the Prince and Priest. But yet none of them as reduced to their certain Title, or head of things; nor under the notion of such Rights, so belonging to such Persons, and as concerned in such an Uniformity. Last of all, in the Christian Church, all Canons of Counsels, Bodies of Laws, Ecclesiastical Histories, Systemes of Civil Policy, and the like, are full of the recitals and assertions of them, and the things belonging to them also; but yet still not under their specifical Notion: and there are many defences which have been made of the Doctrine of the several subdivided Professions; and many Rationales, which have been written upon Liturgies, both in the Roman and other Churches: And several Irenicums, which have been occasionally published; especially in the European Churches, late called Reformed. But all these things, or any other the like, either in the Christian (or Mahometan) communion, have not reached the common occasions of Churches, nor given the last and general grounds for pacification. And the interiors, belonging to the explication of the Rights of an Ecclesiastical Uniformity, especially of those on the people's part, have never yet been touched upon by any. And these than are those Rights which are here unfolded, and stated, according to the dictates of the several sorts of Laws mentioned and digested into their due Connexion and Order. This then being the more general matter of this work; the manner of handling it, is accordingly. When we inscribe it, of the Consistency of the Ecclesiastical estate with the Civil, or of Religion with the Government (which is all one) it is, because that is the thing which we do most principally, and designedly treat of. The welfare both of Religion and Government, as separately and singly taken, being supposed to it, and as always co-incident with it: And the consistency of Government with Religion being touched upon but by the by. And when we entitle it, Of the Rights belonging to an Uniformity in Churches; it is because such an Uniformity (in some kind of it or other) is the necessary and only means for the effecting and preserving of that Consistency of Religion with Government; and the Rights belonging to such an Uniformity are the bounds, within which all aught to acquiess, for that effecting and preserving of it: which, when they are Transgressed and Invaded, either by the Prince on his part, then either the Priest or People are injured: or else by the Priest or People on their parts, than there is undutifulness and Rebellion practised towards the Prince, and mutual Religious Feuds are created and contested amongst the People; — Et, ruptis inter se Legibus, Vrbes Arma ferunt— So that it is very much for the Common peace and welfare of all affairs amongst men, that those Rights be duly stated, and unfolded, both on the Prince's part, and in order to his affording the Priest and People their due; and also on the Priest and People's parts, and in order to their enjoyment of, and acquiescence under the Liberties (both external, and internal) belonging to them. And the work itself then is accordingly divided into three Books: to each of them being assigned it's proper subject matter. In the first Book; after the explications and distinctions of things laid down, which are common to the whole, I have treated of the Divine Original, both of Religion and Government: which things being so primarily Fundamental to the whole body of this Discourse, I did suppose that men would expect a rational account of them. And I have treated of them more immediately and principally, in order to the stating the Consistency of Religion with Government, in the general, and whose charge and Right the Tuition of all three of them, (viz.) of Religion, and Government, and the consistency of Religion with Government, is. And within the compass of these things, there are many things co-incident with them which are common to the whole. And as to Religion, in my discoursing over the distinction of true and false, particularly, I have laid down the general grounds of all Religions. And as to Government, I have done one thing remarkable, and that is, I have absolutely denied the Jus ad arma, the right of rising in Arms (and particularly in defence of matters of Religion, and in opposition to the Laws of an Ecclesiastical Uniformity in any State) which is claimed by some, both of the Priesthood, and people; Contrary to what Grotius and others of note have done, in the stating of that Question: But I have given the Reasons for the denial of it. And no less than the whole conforming Clergy and others in public employment of the State at this day in England have subscribed to the very same matter: And in the end of the stating of it I have more explicitly disputed the tendency of the derivation of Government from the people, and of the Doctrine of Rising, depending upon it, to the good of Religion, and Humane Society. Which thing, truly, aught to have been done by Grotius and others, who have stated that question; although in a separate Notion from an Ecclesiastical Uniformity. In the Second and Third Books, I have treated of an Ecclesiastical Uniformity; the necessary means mentioned, for the accomplishing the Consistency of Religion with Government. In the Second Book I have treated of it, and the Rights belonging to it, more Generally. And in the Third Book of both of them more particularly. And in both these Books, I have taken In the several Cases, Questions and Quere's belonging to the treating of both those sorts of things: and in the stating both of those Cases, and of other matters, I have many times considered Humane Nature, (sometimes Tacitly, and sometimes expressly) and how it is to be dealt with: And he that will not consider it in such things, is never likely to govern the World. Omnes, De Natura Deor. lib. 1. naturâ duce, vehimur, says Cicero; That we are all carried on powerfully by Nature. And Bodin concerning the suiting the Government to the nature of the Country; De Repub. lib. 5. cap. 1. in princip. Haec porro Naturae consentana ratio spectanda in primis est ei, qui Rempublicam fundare, aut Civitatem optimè instituere volet. That this agreeable respect of Nature is principally to be heeded by him, who will found a Common-weal, or set a City in order after the best manner. And Nimium ipse durus est, praeter aequumque & bonum, Mitio Senex, apud Terent: in Adelph. Act. 1. Scen. 1. Et errat longè, me a quidem sententia, Qui imperium credat gravius esse, aut stabilius, Vi quod sit, quam illud quod amicitia adjungitur. Mea est sic Ratio, & sic animum induco meum. He is too rigid, and besides all Right and Reason, And he errs much truly in my opinion, Who believes that Government to be more firm and stable, Which is framed by force, them that which is cemented by love. So is my sense of it, and so I am apt to believe. And the elegant Fabulist at the meeting of the two strangers at the Lake, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Homer in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. But how wilt thou make me thy friend, who am nothing alike to thee in nature? And Thucydides in the case of Public Commotions and stirs in a Common-weal; When a Common-weal is disturbed, Lib. 3. the nature of men, leaping over the Laws, doth willingly show itself to do unjust things against them: Being transported by the greatness of Anger, more prevalent then Right, and an enemy to the more excellent things. So that he that will well govern men, must do it by first Governing humane nature. In my stating the more particular Consistency then of Religion with Government, I have taken the best care I could, That Religion should have its due. Neither do I believe, That the particulars concerning either of them, as they stand mutually in this their relative Condition, can well be stated otherwise then here they are. And one great Reason of men's mistakes and doubts, and dissatisfactions of Judgement and Conscience, concerning the Ecclesiastical Laws of Princes, and their submission to them in all Societies, is, their not considering of the relation in which Religion ought always in the World to stand to the being and exercise of Government, both in Church and State. In my Defence of the Rights of Princes, there are two sorts of Adversaries chief which I have met with to be opposed; and those are the Churchmen of Rome, and those of the late Scotch and English Presbytery, who have trodden in the same steps with them in this matter, though under different Notions: and I have not spoken any thing concerning either of these, either invidiously, or at mine own pleasure; but only from the Testimonials of their own Writings, and Practices. And the like I have done, where I have met with any, who have opposed the Rights either of the Priest or People. In my going through the whole, There are three things, which have caused me to descend the deeper into the Mines of Labour: And those are, 1. The invention of matter; it being in several places, wholly new: and almost every where, not applied, by any other, to my present purpose. 2. The digesting of that matter into its due Method; It being very various, and the places of connecting and disposing it into its Right Order recurring also frequently, and in a very various manner. 3. And lastly, the numerous Books which I have been forced to consult with, for the furnishing out of the whole body of this Discourse into the World, but in some tolerable manner, and according to the deserts of the weight of the matter. And those Books, which I have accordingly made use of, have been of those professions, which concern the most substantial matters of the Public Affairs amongst men. The first of those Faculties, or Professions, is Divinity. And in it, first of all, I have attended to the Books of God; the Divine Law of the Old and New Testament. And in the Old; for the Interpretation of the Laws and Ordinances of Moses, and what was the external practice of them in Israel; the writings of the Hebrew Rabbins are ordinarily produced, and especially those of Moses Maimonides; Of whom the Jews have a saying, A Mose ad Mosen non fuit similis Mosi; That from Moses their Master, to Moses the Son of Maimony, there hath not been the like to Moses the Son of Maimony. And the Rabbinical Age began about the time of the destruction of Jerusalem, and the dissolution of the Jewish Polity by Titus: De Bello Jud. Lib. 7 cap. 24. In whose Triumph afterwards at Rome, Josephus mentions only the Book of the Jews Law (amongst whatsoever other Writings they had) to have been preserved and carried along with him in it. Out of the Books of the Old Testament, and the Writings of the Rabbis, there are also many late Christian Writers, who have made Systematical Collections of the Frame of the Jewish Polity; such as Schickardus, the Hebrew Professor at Tubingen; Bertram, and others. The most staple, and authentic Writers in the Christian Church, and next to the new Testament itself, are of divers sorts. De Jure Belli. lib. 1. cap. 3. §. 3. & ad idem alibi. Amongst the Canons of Counsels, the Canons commonly called the Apostles deserve first of all to be mentioned; Name in Canonibus antiquissimis, qui Apostolici dicuntur etc. For in those most Ancient Canons, which are called the Apostles, saith Grotius. The after Counsels, besides the large Tomes of them, are Epitomised by Carranza in his Summa Conciliorum, Justellus, and others. And whether the Counsels, whose Canons I have cited, have been of one sort or another, either more Primitive, or Papal, or otherwise, I have not regarded, so long as they have complied with Right and Reason, in the matters to which they have been applicable. The Greek and Latin Fathers, and Doctors of the Christian Church, I have made use of also, sometimes professedly, but more times only occasionally. The writings of the Schoolmen are generally Doctrinal, and so little to my present purpose, except it be in the point of Prelacy, in their definitions, and the like. The Ecclesiastical Histories are; in the Jewish Church, Josephus; in the Christian, both the more ancient and modern; both those that writ more generally, and more particularly of the Affairs of Churches. Last of all, the confessions, either of the Churches, late called Reform, or others, show what is their consent or descent in things: And I have sometimes also made use of them. The Profession, next to Divinity, which most of all concerns the Affairs of Humane Societies, is, that of the Laws. And the five Books of Moses, as they are the most ancient Systeme of Laws, now extant in the World; so also they are Divine: and therefore, wheresoever I have asserted any thing to be, either necessary or lawful for Humane Societies, I have been careful to see, first, whether it were either established, or else at least permitted by that Law in Israel: The due respects being had still to the diversities of the peculiar occasions of Societies. The ancient Laws of the more humane and learned Heathen Nations heretofore, and what remains of them, is dispersed diversely up and down in their several remaining writers. The Greek and Roman States are those, which we have the most, and most received Monuments of. The Grecians thought so highly of themselves, that they called all the rest of the world Barbarians, says Herodotus, In Euterp. prop. fin. who spoke not their Language. In Greece, the two Famous commonweals were that of Sparta or Lacedaemon, and that of Athens. In Lycurgo. The Famous Lawgiver of Sparta, says Plutarch, and others, was Lycurgus; and of Athens, were Draco and Solon: In Solone. And their Laws were engraven in Tables of Wood, called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: But those Tables of Laws are now extinct; as also the twelve Tables amongst the Romans, for the most part derived from them, as hath been mentioned. Only there are some reputed fragments of them remaining (like the dust of Carthage) and ordinarily annexed to the Code, and Novels of Theodosius, and the other ensuing Emperors. And the extracts out of the Comments of all the ancient Roman Lawyers upon them, and the other parts, and sorts of Laws currant in the Empire, are those, which are collected together, and methodised and digested into the Pandects, or Digests of Justinian, according to the judgement of Tribonianus, and the others employed in that business by him. And the Comments of those ancient Lawyers themselves are now also extinguished: Some say, by the special command of Justinian, some otherwise. But however the defect of them makes room for those complaints of the Civilians concerning it to this very day, that, if they had been preserved, they should have had the Roman Law from the fountains, and that then, Frustra scripsisset Accursius: To no purpose had Accursius written; and the like. So then, the body of the Roman Civil Law is the largest, and most complete body of that sort of Humane Laws, that we have at this day extant in the world. And of it we have made much use in the ensuing Book, wheresoever we have come to the quotation of Humane Laws; and the rather, because of its universal currant authority, in these parts of the world; It being received, and professed, generally in all the Universities of Europe; And it being attended to, and consulted with more or less in all the ordinary Negotiations, and several Dominions of Princes. In the Empire, it is Lex Terrae, In Prax. Civil. Tit. 5. Cons. 18. N. 15. The Common Law of the Land. And it is commonly held by Gothofredus, Pacianus, and the other Germane Civilians, that the Roman Civil Law ought to have the force of Law in all the Territories of the Empire. Amongst the Princes of Italy almost the same is its use and authority; and so more or less in the other Dominions of Princes. But yet notwithstanding I have in some few particulars taxed some texts of the Civil Law, and that professedly in the principle of natural freedom; as also Grotius and others following it: And the reasons of my so doing lie open to censure. Next in Dignity, to the body of the Civil Law, follows the Code and Novels of Theodosius, and the few other Laws ordinarily annexed to them. And, besides these, also I have had occasion to make use of the more particular Civil Laws of Countries: And that, whether set forth by the Legislative Authority in those Countries, or not; and whether professedly, as such, in a body of Laws; or else occasionally mentioned in other writings. Such are the Capitulare Caroli Magni, the Ordines Camerae Imperialis, and the like. Under the faculty of the Laws, and in conjunction with the Law Civil, is comprehended also the Law Canon: and the authority of which, in things just and regular, ought not to be the less regarded, because it is Papal. And both those who compiled the body of it, and annexed it to come within the compass of that profession in the Universities, intended by it the consistency of Religion with Government, the matters Papal in it being only excepted. And last of all, I have had some occasion also to consult with the Christian Doctors upon both these sorts of Laws. Upon the Civil Law appear, first of all, the glosses of Accursius, after him Bartolus, and his Auditor and Scholar Baldus, both of very principal esteem, and next to Accursius amongst the Civilians. After them follow Angelus Perusinus, Paulus Castrensis, Jason, and others: And after them Decianus the Italian, Antonius Augustinus the Spaniard; Cujacius, Hottomannus, and other French men; and the like out of other Nations. The like have commented also on the Canon Law; Bartholomeus Brixiensis, Abbas Panormitanus, Didacus, Covarruvias, and others, some of which I have made use of. The third and last sort of profession here to be mentioned, is, Philosophy; (viz.) the Philosophical Prudences, ordinarily so called; and the more principal of them, is, Politics. And of Politicians, he that bears the name amongst the ancients, is Aristotle: But, semper excipio Platonem, and excepting only, that none of the works of Divine Plato ought to be detracted from; and whose Books of Laws, and his other works contain in them many things, both of the Laws of Moses and Christ, and of the ancient Laws of Greece. Amongst the Moderns, Jesuits, or others, the learned Bodine deserves an Asterisk, as being so excellently well skilled both in the Civil Law, and also in the particular Laws and Policies of Countries. Besides those, who have written just Tracts of Politics, are others also who have debated particular Questions in it; such are Junius Brutus, Buchanan, the late Englishman Milton, and others in the question of Rising in Arms. Next to Politics, and the prudences concerning the ordering the matters of Church or State, follow the exemplary prudences of History and Poesy: And last of all, the subservient discipline, and divers from all these mentioned, of Oratory. The Greeks and Roman Histories contain in them many of the notable examples of prudence in Governors, in the ordering the affairs of those Mighty States. The Histories of the Christian Church that follow Eusebius, contain the like in Church affairs. Of either the present or late condition, both of Churches and States abroad in the world, there are many who give an Historical account; Such as Chytraeus, the Messenger of Maximilian; Georgeviz, the Turkish Captive; Damianus a Goes, the Knight of Portugal; the Venetian Cardinal Contrarene; Leunclavius, in his Annals Turcici, his Pandects Historiae Turcicae, and the like. And those Books which principally concern the state of the Church of England in particular, either as to matters Historical or Controversal, I have given an account of in their places hereafter. And of the principal of those which concern the more general and principal controversals only in the margin, for the reasons in those places mentioned. And, in the last place, who will deny, but that the many admirable writings of the Greek and Roman, both Poets and Orators, are of singular use many times, both for the professed, and occasional, both illustration and confirmation of things? Nun Sexcenti Scriptores, tam Graeci, quam Latini, passim Homeri, Hesiodi, & aliorum Poetarum exemplis, & testimoniis utuntur, ut rei veritatem confirment, horumque spoliis sua scripta ditent, atque magnificè decorent? Do not many hundreds of writers, as well Greek as Latin, make use of the examples, and testimonies of Homer, Hesiod, and of other Poets, up and down in their writings, that they may confirm the truth of things; and with the spoils of these, enrich, and magnificently adorn their writings? says Emilius Portus. And, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Hesiod and Theognis, In Epistola Dedicatoria praefixa Euripidi. and Phocylides; these all men do confess to have left behind them the best precepts of life, says Isocrates. And as to the language that either these or others have written in, I have in the citation of them, Oratione ad Nicoclem Primo. taken this course, (viz.) for the English Readers sake, generally I have rendered them all into English, the Language in which I have written; but yet for the satisfaction of others, who might perhaps desire the present view of either the original Authorities, or the Latin Translation of them, I have, where I thought there was occasion, and it would not make too great an Hiatus, and gap in the Text, set them down also ordinarily before the English of them: But otherwise, I have generally, either set them down only in English, or else directed to them with an Et caetera, after the recital of somewhat of them. And last of all, as to the stile in which I have written, I have attended to the two things requisite, and which ought principally to be heeded in it, (viz.) its conciseness, and plainness; its conciseness, that I might rather say much in little, then be tedious; and its plainness, that I might be understood. And in this manner than I have commended this whole ensuing work to the Reader. And if any man think much of those Principles, of which it consists; behold the whole current of times, the Authority of all Laws, and the experiences and practices of all Ages (at least generally, and in the main) attesting to them. In the interim, that I writ not this Book to the vulgar amongst men, it is sufficiently evident, both from the matter and form of it. They may, where occasion requires, and for satisfaction of conscience sake, be more familiarly instructed in the Rights, and Liberties belonging to them in the matters of an Ecclesiastical Uniformity; but otherwise, it hath always been their unhappiness, and ever will be, not to be capable, neither in those matters, nor others, of being rationally dealt with. The very nature then of this discourse directeth it to the other sort of men, and particularly to those who have the guidance of others, and the ordinary sway of affairs in commonweals in their several Spheres of activity and stations belonging to them, either in the Church or State; that they may see the reasons of those things which are necessary for the supporting the welfare of Societies, and make the several uses of the matters contained within the compass of this Discourse, in order to the Public Peace. Last of all then, this being the more general drift, and intent of this whole work; in that posture (such, such as it is) in which it comes forth into the world; if there be any thing said in it, that is prejudicial, either to Religion or Government, or the consistency of each with either, I wish it were unsaid again. In the mean while, I have for some time retired myself to write it; and have only here further to say; May it serve the King of Kings in his Universal Monarchy over men, and Kings and Princes in their Governing of them. THE General Contents OF THE WHOLE. LIB. I. CHAP. I. THe General Notion of an Uniformity; and also those of Religion, and Government, and the Consistency of Religion with Government, defined and distinguished. CHAP. II. The first Proposition laid down, (viz.) That Religion is appointed by God. The rational Grounds of the Proposition given: And the consent of Nations about it; from whence the true Prescript of Religion is to be discerned: And the general grounds of all Religions, laid down, and compared. CHAP. III. The second Proposition asserted, (viz.) That Government also is appointed by God. The Question concerning the Derivation of it from the people, and the consequent Doctrine of Rising in Arms, in case of Maladministration, and particularly in defence of Religion, and the matters of an Ecclesiastical Uniformity stated. And of the Tendency of those Doctrines to the hurt of Religion and Humane Society. CHAP. IU. The third Proposition also asserted, (viz.) That Religion and Government, being both so appointed by God, must needs be Consistent mutually amongst men: And that their Consistency explicated, and stated. CHAP. V. To whom the charge and right of the preservation of the welfare of Religion and Government, and the Consistency of Religion with Government, is committed, in Humane Societies: and of the means necessary for the accomplishing and preserving of it, (viz.) An EcclesiasticalVniformity. LIB. II. CHAP. I. THE Relation of an Ecclesiastical Uniformity to things Sacred, further, and more particularly distinguished. And that the Ecclesiastical Uniformity is judicated by the Civil. CHAP. II. The healthfulness of Religion to Humane Societies. The ordinary causes of Religious contests assigned. From thence the necessity of some unity to be held, as to matters of Religion. The benefits of Charity and Peace ensuing upon it. And how much they are commanded in Scripture. CHAP. III. The description of the Rights, directly belonging to men in an Ecclesiastical Uniformity. And first, of the Primitive Liberties, both Civil and Ecclesiastical, which belong to the People. And first, of the Civil; and of its Right of being preserved. CHAP. IU. Of the Primitive Ecclesiastical and Spiritual Liberties; which belong to the People. And of the several Obligations and Rights relating to them. CHAP. V. A more particular consideration of the two Grand causes of all Mischiefs in Humane Affairs, (viz.) The weakness and corruptions of men; and more particularly of their Influence on the Public charge of the Magistrate: The thing to be preserved ultimately by an Ecclesiastical Uniformity. CHAP. VI The more general Description of the Civil and Ecclesiastical Powers: and which belong to the chief Magistrate and Ecclesiastical Ministry, as their distinct Rights in an Ecclesiastical Uniformity. CHAP. VII. The Proposition asserted; that, Humane condition in this world, being considered, there can be no such thing indulged, really in any State or common Society of men, as a lose and open Toleration of venting, and disseminating of Opinions in matters of Religion, without deadly Feuds and Contentions in that Society, and the dissolution of it, in the end, by those Feuds, and men's falling together by the ears, and to war one with another. The dispraise of such and the like Feuds and contentions: and how much they make to the hurt of Religion, and also of Government, and also of the Consistency of Religion with Government, and how much they are forbidden in Scripture. The Conclusion drawn from all these things. CHAP. VIII. The two Propositions asserted, (viz.) 1. That there must of necessity be some Doctrine or Body of Doctrines, for profession of assent to be made to, and some Form, or way of Worship, to be used in Common; and both these as a foundation for a medium, or common means of procuring a charitative communion amongst men, in matters of Religion in any Society. 2. That there must of necessity also be a restraint held upon men's venting of their opinions, as a means for the preventing, and remova of Religious Contests. And both these sorts of means t be used to these ends, by the Chief Governor, or Governors in such Society. CHAP. IX. Hence the way of an Ecclesiastical Uniformity, (viz.) in outward profession, and Public Worship, hath been always endeavoured, and made use of by the Governors of all Societies, in their different ways: And that from the Dictates of the Laws of Nature and Nations, and the Divine Law approving of, and leading them to it. CHAP. X. What are the Extremes, in respect to this Ecclesiastical Uniformity; and what are the faultinesses in it. CHAP. XI. From whence the just measures of an Ecclesiastical Uniformity sure to be taken; and of the more particular Rights and Liberties relating to them. LIB. III. CHAP. I. OF the two Grand Instruments of an Ecclesiastical Vniniformity, (viz.) a Canon of Doctrines, and a Liturgy framed according to it. CHAP. II. What are the general ends of such a Canon of Doctrines and Liturgy, in any National Church. CHAP. III. What are the more particular aims or ends of the Canon of Doctrines and Liturgy, in order to these three General? CHAP. IU. Of the inward Unity of Assent, which is supposed to the outward unity of Profession, and use of Public Worship, in an Ecclesiastical Uniformity. CHAP. V. How the Canon and Liturgy ought to be composed in order to their answering to their general ends. CHAP. VI What are the Uses that are to be made of the Canon and Liturgy by the members of any National Church? CHAP. VII. What is the Doctrine of the Church in the Canon and Liturgy? CHAP. VIII. Of the interpretation of the Canon and Liturgy, to be made by private persons; and how it ought to proceed. CHAP. IX. Of the rewards and punishments belonging to an Ecclesiastical Uniformity; and the Authorities, and Rights concerned in the dispensing of them. CHAP. X. Of the Magistrates further intent, in relation to the inward notions, supposed to the External Profession, and use of things: And of the more particular latitudes, belonging to those notions, and the Assent included in them. CHAP. XI. Of the Testimonials to profession, in an Ecclesiastical Uniformity: And what they are. CHAP. XII. Of these Testimonials as Religious Bands: and in what manner, upon what grounds, and to what things they oblige. CHAP. XIII. Of men's Liberty of opining and exercising their judgement of discerning, concerning the matters of the Canon and Liturgy; and how far it extends. And some cautions concerning such the exercise, and spending of it. CHAP. XIV. What are the more particular restraints and liberties, and the Rights of the Magistrate, relating to men's divulging of their opinions; Especially concerning the matters of the Canon and Liturgy? CHAP. XV. Of the Supervisors in an Ecclesiastical Uniformity. CHAP. XVI. Of the Supreme Interpreter in an Ecclesiastical Uniformity. DE Jure Vniformitatis Ecclesiasticae: OR, OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES. BOOK I. CHAP. I. The General Notion of an Uniformity, and also those of Religion and Government, and the Consistency of Religion with Government, defined and distinguished. I AN Uniformity defined; and the first and Capital distinction of it. TWO The first and capital divivision also of all Affairs amongst men, and the application of them to the general intent of an Ecclesiastical Uniformity. III Religion defined. IV The first distinction of it. V The Second. VI The Third. VII The Fourth. VIII The Fifth and last. IX Government defined. X The first distinction of it. XI The Second. XII The Third. XIII The Fourth. XIV The Consistency of Religion with Government defined. XV The first distinction of it. XVI The Second. XVII The Third. XVIII The Fourth. XIX The Fifth. XX The Sixth and Last. XXI The Conclusion subjoined to these preceding Matters. The definition and first distinction of an Uniformity. I. AN Uniformity, from the common use and connotation of the term, is nothing else but an Unity of the outward Form of things; and it is either Ecclesiastical or Civil. The Ecclesiastical is that which is Directly conversant about the Affairs of Churches; And the Civil that which is in like manner conversant about the Civil State. II. The first and capital division then of all affairs amongst men, is, according to this first distinction of an Uniformity. * The first and capital division also of all Affairs amongst men; and the application of them to the general intent of an Ecclesiastical Uniformity. D. de rerum divisione & qualitat. L. 1. Summa rerum divisio, says Paulus the Civilian, in duos Articulos diducitur; nam aliae sunt Divini Juris, aliae humani: That the chief division of Affairs is derived into two parts; for some of them are of Divine Right, and the others of humane: And the Divine Affairs are those which concern Religion; The Humane, those which concern Civil Government. And God and Nature have appointed both these to Consist. These three things then, and the preservation of the welfare of them, (viz.) Religion, and Government, and the Consistency of Religion with Government, are the general matter, about which an Ecclesiastical Uniformity is conversant; About the preservation of the welfare of Religion, and its consistency with Government primarily and directly; and about the preservation of the welfare of Government collaterally, and by consequence. And because in our following Discourse concerning this kind of Uniformity, and the Rights belonging to it, we shall have many things to say about these three more general matters, which will be common to the whole; therefore it is that they are here first of all to be unfolded accordingly, and that for our clearer passage to the discussing and determination of other things founded upon them, hereafter, in their several Topics and places properly belonging to them. So then, that which I shall do in the unfolding of them shall be, 1. To define them severally. 2. To distinguish them. Religion defined. III. Religion than is here first of all to be defined. First of all, because it is in our following Discourse the thing first in order which we treat of. And to be defined, (viz.) in the general notion of it. Religion then is nothing else but the Law of God prescribed to men. In respect to God, the Lawgiver and prescriber of it, it is his Law; and in respect to men, the observers of it, it is their Religion, or Service and Worship: So, when the Book of God calls it, on his part, his Statutes, his Word, his Way, (Psal. 119.48, 105, 37, etc.) and the like; and when the Hebrews, on man's part, call it by the several names of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Reverence, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Fear, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Faith, and the like, all return in their several respects, Etymol. lib. 18. into the sense of the definition. Religion, says Isidore, Dicta est ab eo, quòd per eam uni soli Deo religamus animas nostras, ad cultum divinum, animo serviendi; That Religion is called so from hence, because by it we bind our souls to the one only God, for the performance of Divine worship to him, with a mind of serving him. And Cicero says, that it is it, De Nat. Deor. Lib. 1. Per quam reverenti famulatu Ceremoniae divini Cultus exercentur, By which with a reverend and servant-like deportment the Ceremonies of the Divine Worship are practised. And St. Austin defines it to be, De Civ. Dei. Lib. 26. Nihil aliud quàm cultus divinus, Nothing else but the divine worship. The application of the general notion of Religion to other things besides the worship of a Deity, needs not here be mentioned. And when the Latins use the term for any great care or respect that a man useth about any thing, it is then used Metaphorically and abusively; but then only properly and emphatically, when it is applied to the Divine Worship, as we have mentioned: So the old Roman Civilians, ordinarily in their cases, and the several texts of the Digests. Religion towards God, Pomponius calls, the worship of some Deity, De Justit. & jure. L. Veluti. Lib. 11. ●it. 17. Lib 47. Tit. 13. etc. which is common to all Nations. And the several Titles, De Religiosis & sumptibus funerum, de Sepulchro violato, and the like, will evidence the same thing. iv Religion then being thus defined, The first distinction of Religion. let us come to our distinguishing it, according to the occasions of the body of our discourse hereafter: And the first distinction of it is by disparates; that it is to be considered either in the General or Special, or individual. In the General, it is such as we have already mentioned; the term being taken at large, and not bounded by any special restrictions: In the Special it is taken for this or that sort or kind of Religion; and that whether it be more special, as it lies at a farther distance; or less, as it lies at a lesser distance from the first general, according to the rules of Logic. Last of all, in the Individual it is taken for this or that individual, or particular part of the same sort of Religions, as it is either exercised or professed by this or that part of the Professors of it: And so is Rome one part, and Verona or Florence another part of the same Roman Catholic in Italy, and the like. V The second distinction of it is, The Second distinction of it. by the two opposite members of true and false; and the effects of these in men's minds and actions are either natural or supernatural. And this is most certainly true, that any false Religion, if it be but apprehended to be true, will have per omnia, the same natural effects in men, together with that which is really true: and as having such are any false and erroneous sorts of Religion in the world considered by us, when they are mentioned hereafter, and applied either separately or mixedly to things. VI The third distinction of Religion is, that it is taken simply, The Third. or relatively; simply, when it is considered by itself, and only in a simple and abstracted Notion: and relatively, when it is relating to other things. And that Religion is to be considered in a relative notion by men very frequently, for the guidance of their actions by it, there needs no more said to evince it, then that it is placed by God in the world, together with other things, which it may either commodate or incommodate, according as it is apprehended of, and used or practised by them, in relation to those things: — Vicè cuncta reguntur,— Alternisque regunt— Says Papinius, That all things are Governed by vicissitudes of influences upon one another; and he that considers not the respects of things in the world, which they bear one towards another, and acts accordingly, will quickly by his actions bring all to Confusion. VII. In the fourth The Fourth. place, Religion is either National; or not National, and secluded: National it is called, by the usual application of the term, when it is the Religion only publicly established by Authority in a Country, and then the Church is said also to be incorporate into the State: And, not National, is the contrary. Of the former of these Sorts, is the Christian Religion in the most of the Dominions of Europe; In the large Territories of Preister John in Africa: Of the latter is the Christian, and Jewish Religion in Greece, and in the most of the Dominions of Asia, as is affirmed by Chytraeus, Johannes Boemus Aubanus, Georgieviz, Godignus, and others. And although it be true, in the mean time, that sometimes, De facto, there are divers sorts of Professors of Religion tolerated in the same State (as will be further mentioned hereafter) yet none of those have the privileges, nor extent, ordinarily, of that which is the National, nor cannot properly be called so, for those Reasons, and because secluded from those more eminent endowments: But notwithstanding still all of them have their respects severally to the State, and the Government of it; In Declaratione praefix. ad Acta Synodi Dordrar. Quia Ecclesia, quamdiu hic vivimus, vix separari possit a Republica: Because the Church, so long as we live here, can scarce be separated from the State, say the States, General of the United Provinces. VIII. In the first and last The first and last distinction of Religion. place, a Religion secluded is yet further to be distinguished; And that, as it is either secluded only being at all practised, or exercised in any Society. Of the latter sort was the care of the Christian Religion in the days of the Apostles, and afterwards under the Heathen Roman Emperors; and of many Sects afterwards, under the Roman Christian Emperors, and such as are prohibited by them, in the New Civil Law, and the Code and Novels of Theodosius: But this case is here only pointed at by us, and comes not into ordinary consideration hereafter: And that, because it seldom or never happens, that such a Religion subsists with any duration in any Society; or that, de jure, the continuance of it ought to be endeavoured in respect to such or such a Society: unless where there is an immediate and particular command from Heaven for it, as there was to the Apostles in respect to their first preaching in Jury: otherwise the Divines and Civilians do rightly prescribe to the professors of such a Religion, either present Martyrdom, or else flight and change of the soil by migration unto another Country. And thus much of this first general Term. IX. The Term Religion then being thus explicated; the like is to be said also concerning Government. Government defined. And first, for its definition; Government in the general, is the disposition of the Affairs of humane Societies. So Plato defines it to be Cura totius, In Definitionibus. De Repub. lib. 1. cap. 1. The care of the whole. And Bodinus says, That a Commonweal is, Familiarum, rerúmque inter ipsas Communium summa potestate, ac ratione moderata multitudo; A multitude of families, and affairs, common amongst themselves, governed by the Power and Reason that is supreme. And here presently then, for the unfolding of this definition, will occur the several Societies that are amongst men, to be distinguished. Any conjunct plurality of men is, in nature, a Society; because they, by their plurality and conjunction, partake of the general nature of such a Society. So, there is a Society in Families, in Corporations, partaking of the same Municipal Laws, amongst Merchants, for their Trade's sake; nay, even amongst Robbers and Pirates to a bad end. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Who rove like Thiefs up and down the Seas, says the Poet, Homer. Odyss. 3. D. De Testibus L. Vbi §. 1. D. De Verbor. Sig. L. Nerntius. §. 2. D. Eodem. L. Familiae. §. 3. to infest Strangers. But the Civil Law would have no Society to consist of less than three; and that three at the least did facere Collegium, make up a Society, for Trade, or the like: And use and custom hath obtained yet farther, that, when humane Societies are mentioned, the Terms be applied only ordinarily to States, and Kingdoms, and the like greater sorts of lawful humane Societies. And so then is the term Society understood by us generally in this Discourse: And the Notion of Government mentioned is in like manner applied to it. X. The first definition concerning Government, The first Definition of Government. is the same that was mentioned concerning Religion. It is considered, either in the General, or in the Special, or in the Individual: the Terms being applied here in the same manner as before; and the different respects of them only being preserved. XI. The second The Second. distinction is by opposite members: that it is considered, either as a faculty, or else in the exercise of it. As a faculty; and so it denotes the power of him that Governs. And so the Roman Civilians call that power, Florentinus D. De statu hominum. L. Libertas, etc. which a man hath over himself (which is his Liberty) or over others (which is Dominion) by the name of a Faculty. Or else in the exercise of it; and so it denotes the use and actual employment of that power of Government: And in both these senses it is applied hereafter, sometimes Habitually, and sometimes Actually taken. The third Distinction. XII. The next distinction of Government is by disparates; that it is to be considered, either as a charge committed to the Governor by God (and so it respects principally his obligation to God concerning it;) or else as the Right of him that Governs (and so it respects his claim and title that he hath to it;) or as it intends the welfare of humane Society, and so it respects also the means which he is to use, for the compassing such the welfare of it. And under these considerations also it will occur hereafter. XIII. The fourth and last The fourth and last. definition of it, is, by opposite Members; and that by the farther distinguishing it, according to the last notion of it mentioned. And so it is considered; Either as it concerns the good of particular persons Eminently, and that in Privileges; 12. Quaest. 96. Act. 1. 2. quaest. 90. Act. 2. or else of the Community, and that in its Ordinary General intent, as was said. Privilegia dicuntur quasi privatae leges, says Aquinas, That Privileges are so called, as it were private Laws. And further, says he, Because the Law is the Rule of humane Actions; the last end of which, so regulated by it in a Society, is the good, and happiness of all the members of that Society; ideo necesse est eam semper ad bonum commune ordinari, That therefore it must needs follow, That the Law, in its ordinary general respect, must intent the common good. Now the Law is that, by which the Governor proceeds in Government: Neither is that benefit of the Law, which is common to all particular persons, equally, and as included in the whole, to be called by the name of a Privilege. XIV. In the third and last place we come to explicate also the consistency of Religion with Government: The Consistence of Religion with Government defined. and by it is meant nothing else but the agreement of the Precepts of Religion with Government, and the right and necessary rules of it: and those rules of Government are to be said to be necessary, which are so either ordinarily, and in common to all Governments; or else pro hic & nunc, and according to the occasions of particular Societies, and the present circumstances attending their several public affairs: and the distinctions of this Consistency are those which follow. The first Distinction of the consistency of Religion with Government. XV. First of all, it is taken either Negatively or Positively. In a Negative sense, when Religion doth not hurt or overthrow Government. In a Positive and affirmative, when it doth benefit and support it. XVI. This Positive Consistency is again taken, either simply, The second Distinction. when in an ordinary common way Religion doth benefit Government; or eminently, when it doth so in an extraordinary and eminent degree. XVII. This Consistency is attributed to Religion, The Third. either in respect to inward acts of the mind, and openings in matters of it; or else in respect to outward acts of the Body, such as divulging of Opinions any manner of way, as it immediately hath such an influence upon Government. XVIII. The consistency of Religion with Government, The Fourth. is either Total or Partial: Total, when it so consists in all its Precepts; Partial, when but in some only. XIX. It is yet farther, either Fundamental, or not Fundamental: The Fifth. Fundamental when it so consists in matters Fundamental: and those either in respect to Religion on its part, or Government on its: and not Fundamental is the contrary, and when it respects only lesser matters. XX. The sixth and last The sixth and last. distinction of this consistency is into actual and necessary: Actual, when de facto only it is so: Necessary, when it can be no otherwise; which necessity of Consistency is always proper to the True Religion; and these Distinctions also are to be heeded hereafter. XXI. Last of all, there is one only Corollery then to be subjoined here to all these things; and that is, The Conclusion subjoined to these preceding matters. that the Decrees of God concerning these general matters mentioned are both Infallible and Immutable: Infallible in his intent in placing them aright in the world, and so as is best for humane affairs; And Immutable concerning their continuance in such a state and condition as he hath intended them for; which things will be easily granted, since the denial of either denieth a necessary attribute and perfection to the Godhead. CHAP. II. The first Proposition laid down, (viz.) That Religion is appointed by God. The rational grounds of the Proposition given. The consent of Nations about it. From whence the true Prescript of Religion is to be discerned: and the general grounds of all Religions laid down, and compared. I. SOme Religion necessary to be prescribed to man, evident from the light of Nature. II. The Prescript of it must needs be from God's appointment, evident from the same Natural light. III. Hence the consent of Nations, and the commands of God himself about it. iv That particularly instanced in, in Moses his derivation of his Law from God. V So also the Heathen dated theirs. VI So the Christian prescript was derived from the same Authority with that of Moses. VII. So Mahomet also dated his. VIII. Twenty sorts of precepts of Religion. IX. What the true prescript of Religion is, is to be known only from divine Revelation. X. In what Divine Testimony consists: and how the Revelation of the true prescript of Religion is to be known from it. XI. Our discerning the operation of God's Attributes distinguished. XII. The properties of the operation of these Attributes of God; and particularly of his Omnisciency, and Omnipotency: and of Tradition in relation to the effects of them. XIII. The operations of God's Omnisciency, and Omnipotency, the only Primary Divine Testimonies to matters of Religion: And Tradition, the only instrument for the conveyance of the memory of them, and the Doctrines of Religion down to future ages. And the consent of Nations, and of God himself about these things. XIV. So in Moses his Law. XV. So the Heathens. XVI. So Mahomet. XVII. So also in the Law of Christ: And the Christian Religion asserted from it; and that also with a special respect to an Ecclesiastical Uniformity. XVIII. The Universal Consent of Nations about it also at this day, (viz.) That Religion is appointed by God. I. THe general terms then, Some Religion necessary to be prescribed to man. which are common to this whole Discourse, being thus first of all explicated, I come next to the first particular consideration of things; and that is, of that, first in Order, as I said, (viz.) That Religion is appointed by God: and because the being of some Religion, in the General, for man to practise the precepts of, is to be supposed as the foundation of its being constituted by such or such an Author of it; therefore that is evident from the dictates of Natural Light, concerning the Creation of Man. For, God having endued him with such sublime faculties of his Soul, as whereby he was capable of practising the Precepts of such a Religion; either such a thing as Religion was to be appointed for him to practise, or else such his natural faculties, (as to that most excellent end of them) should have been bestowed upon him in vain: But God and Nature make nothing in vain. II. The Precepts then of such Religion, whatsoever they be, The Precepts of it only from God. must needs proceed Originally only from the appointment and prescription of God: and that both because God only, on his part, hath the right of prescribing such Precepts obligatorily, and in the way of Divine Law (such as Religion was said to be above in the definition of it) to man; Cap. 1. Sect. 2. and also because such Precepts in the matter of them, must needs be according to Gods will, or else they will not be acceptable to him: and if not acceptable, than the observation of them, on man's part, cannot bear the notion of service and worship; such as it was attributed to it to be, above, also, in the explication of the definition. Ibid. The Right which God hath of obliging man by Precepts of Religion is twofold; First, that which belongs to him Primarily as Creator; and secondly, secondarily as Governor of the world: and therefore it is the first General Principle of the Law of Nature, in matters of Religion, that the Creator and Governor of the world is to be served and obeyed: Exod. 20.3. As it is the first Commandment in the Law of Moses, Thou shalt have none other Gods before me. And it is the prime original of all Sabbaths (i. e.) times set apart for the more stated, solemn service of God; the remembrance of God as Creator, and governor of the world: as in the ancient Judical Sabbath, the Creation of the world, and Gods resting from it to proceed to governing, were assigned as the reasons of it, And it was the Doctrine of St. Paul to the Athenians, Acts 17.24. that God that made the world was to be worshipped: and as this is the reason of Gods Right of prescribing the Precepts of Religion to man; so alike also are the reasons, why the matter of such Precepts, by being according to Gods will, must be necessarily, on man's part, his Service and Worship. For, if otherwise, the Issue of it will be no less than the removal of God from being either a rewarder, or a punisher of men; and so consequently from having to do at all authoritatively in Humane Affairs: and so in the end, all Religion itself towards him, will be destroyed; which would be all one, as to man, as if God's very being itself were removed out of the world. For a reward is for something done according to one's will. And, Paena est noxae vindicta; Punishment is vengeance taken upon a fault, says Ulpian: But if Religion, by being according to Gods will, be not man's service and worship, there can be no reward annexed to it from God, nor punishment, because he is not wronged, if the precepts of it be violated: and the impulsive cause of all Divine Worship in man being, naturally, and primarily, Hope and Fear towards a Deity; and good and evil to be expected from him, being the only objects of these affections; and the light of Nature, where Divine Revelation is wanting (as it is supposed to be in this case) dictating no other principles of expectation of good or evil from him, but that of reward for serving him, or punishment for offending him. If Gods having to do authoritatively by such rewards and punishments be removed from amongst men, what ground or reason would there be left for the practising of any Religion at all towards him? and if not towards him, then towards none at all; since none else but the Creator hath any right of prescribing it. The consent of Nations, and the commands of God himself about it. III. From these Grounds and Principles in Nature, concerning these things, than it is, that the consent of Nations hath dictated the derivation of all Religion only from God. And the Divine Law also hath commanded the same thing. In Moses his Prescript of Worship, it is the reason prefixed to the whole System of his Laws, which were delivered after the Moral Laws, as well as to the two Tables of the Moral Law its self; I am the Lord thy God: and by the same Laws, the Idolatry of the Nation was forbidden to Israel, as well as that the prescribed worship of God was commanded. In the Law of Christ, he himself contradistinguished the commands of God to the traditions of men: Mat. 15.9. and his followers practised the very same Doctrine, and that expressly upon the very grounds, in Nature, which we have mentioned. There is one Lawgiver, who is able to save, and to destroy. Who art thou that judgest another, saith St. James. And St. Paul lays down that maxim, Chap. 4.12. That, Without Faith it is impossible to please God: and he annexeth the reason of his assertion; for he that cometh to God, Heb. 11.6. must believe that he is, and that he is a rewarder of them that diligently seek him. The same thing concerning duties, Mat. 10.28: that Christ himself also, before him, hath prescribed concerning sins; Fear not them that kill the body, but are not able to kill the soul; but rather fear him, which is able to destroy both soul and body in Hell. The like hath been the Doctrine of the Heathen Sages also, upon these very accounts. Divine Plato says, De Legib. Dial. 10. in princip. That those are the two great sorts of destroyers of all Religion in the world; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Either who deny the being of the Gods, or else do affirm them not to take any care of humane affairs. De Natura Deor. Lib. 1. And Cicero, Sunt Philosophi, & fuerunt, qui nullam habere censerent humanarum rerum procurationem Deos: quorum si vera sententia est, quae potest esse Pietas, quae Sanctitas, quae Religion? That there are indeed Philosophers, and have been; who have thought that the Gods had no care of humane Affairs; whose opinion, if it be true, what Piety can there be, what Sanctity, what Religion? And Stratocles heretofore was laughed at, when he asked a Law at Athens, That whatsoever should please King Demetrius, that should be reputed Religious towards the Gods, and just amongst men. IU. And these Grounds then of the Divine appointment of Religion, being thus assigned from Nature; The derivation of Religion from God instanced in the Law of Moses. Contra Appion. passion. We shall also find the Universal consent of Nations to it in like manner, if we will but take a view of the several prescripts of Religion (both True and False) that have been in the world. So first, as to that of Moses, the most ancient Lawgiver, (as Josephus, in his time, and when Gentilism was so rife in the world, durst avouch him to be, against all the Heathen prescripts:) He received his two Tables written with the finger of God; Exod. 32.15, 16. Thargum. in Cant. Cap. 1.11. and the Judicial and Ceremonial Laws of Israel from the same hand, at Mount Sinai. And it is a Tradition amongst the Jews, that the Tables were hewn out of the Saphire of the Throne of God's Glory, which they say is mentioned Exod. 24.10. But I need not insist further upon this particular. V Let us proceed next to the Prescript of Heathens, So also the Heathen dated theirs. and view their Derivation of their Religion from Divine Authority. The only creditable and authentic Records of former ages, that are left in the World, are those generally of the Greeks and Romans: In Timaeo, circa princip: and therefore Plato calls the Greeks always Children, because of the defect of the Histories of former Ages amongst them, that was even in his time: and they being the Elder of those two latter Empires, if any are to be believed concerning the derivation of their Religion, they are. First then, as to them, and afterwards we will come to the Romans, Herodotus says, That they derived their Religion from the Egyptians. In Terpsichore. In Cratyl. & Epimoni. etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Plato from them, the Phaenicians, Assyrians, and others. Plutarch from Thrace: But all agree in this, That they received it traditionally from the Institutions of the Gods, in those Countries. And it is evident, that from these, and such other Countries they received it, because they worshipped the same Gods, and in the same Order, generally, that they did. So the two famous Greeks, Homer and Plato, Vid. Homer in Hymnis; & Lunam. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Et Plat. de legib. Dial. 7. Mentimur nunc ô boni Viri. De Magnis diis, sole dico & Luna. Et Dial. 10. vid. etc. mention the Sun and Moon as the Chief of the Gods; The one as the Queen, the other as the King of Heaven: Such as the Moon is called in the Scripture, Jer. 7.18. and which the Phaenicians are said, from the Hebrew, to have called Baaltis, or Baltis. And it is well known how these two Gods were famed to be worshipped by the two first Empires of the Assyrians, Persians, and others: and is without controversy, from the Writings that are left us by the Wise Men amongst the Greeks, that there was no expectation of any one Precept of Religion, to be received amongst them from any, but the Gods. I will quote but two of those Writers, the Poet Euripides and Plato. The Poet Euripides, Plutarch compares with Lycurgus, for his Divine Wisdom, testified to by the Gods in the falling of Lightning upon both their Tombs (says he) presently after their deaths. In Lycurgo, ad finem. And Plato needs not to borrow a Name for the like wisdom also: and in both writings of these men, Ibid. the Derivation of Religion only from Divine Authority is constantly owned and asserted. Vid. Troad. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. So Euripides in his Troades terms the Priestess to be enlightened from Heaven. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And the Divine Priestess, Enlightened (from Heaven. Vid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in princip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. So also in his Bacchaes, he brings in Bacchus constituting his own Holy Rites, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.— To this City of the Greeks I first of all came, And there leading the Choruses, and appointing mine own Sacred Rites— and afterwards he calls the Drums, Ibid. and other things used by the Monads at his Sacrifices, his own Inventions. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. The Drums of Mother Rhea, and mine Inventions. And afterwards Cadmus affirms it to be lawful for him to lead the Chorus, because the God had not revealed distinctly, whether a young man or old should do it: So in his Rhesus he calls the Service of the Gods, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, hidden mysteries: And that, both in respect to the Divine Revelation of them at first, as well as to any of their being kept secret afterwards. And the like many more instances might be given out of the Writings of this Divine Poet. And as to Plato, we will quote but two remarkable places out of him, concerning all these things; the one out of his Dialogues De Republica; where when he comes to discourse of holy things, Dial. 4. Paulo post princip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. What then (said he) is there yet remaining to us in the constituting of Laws, And I said, to us truly nothing; but to Apollo of Delphos, the Greatest and most Eminent, and Prince of all Laws, To him belongs the constituting of Temples, and Sacrifices, and the other sacred Services of any of the Gods; besides the Ceremonies used about Supulchres, and Funerals of the dead, and whatsoever services belong to the appeasing of them: And then says he further, and more generally, concerning all such Divine Services, Talia profecto neque ipsi scimus, etc. Such things truly neither have we knowledge of; and in constituting a City, we will believe none else, if we are wise; nor use any other Interpreter of them to us, but our own Country God, (viz.) this God, being in all such things, and to all men, the interpreter proper to every Country, sitting in the middle of the Earth, and upon the very centre of it, expounds them to them. Thus, far goes he in that place. And the other is out of his books of Laws; Dial. 5. circo med. and that speaks further. These things are to be said, (says he) for this reason, to him that builds a City, and Common-weal, (viz.) Whether he found'st it new from the beginning, or else restores it being old and dissipated; Concerning the Gods and sacred Rites, whatsoever of them ought to be constituted, for each sort of people in a City; And by whatsoever Gods or Demonds to be named: None that is in his right Wits, will endeavour to innovate concerning these things, whether they are received from Delphos, or Dodona, or Jupiter Ammon, or are asserted from some Ancient Fame, to have been by Visions and Inspirations of the Gods; which things being appointed of the Ancients, did constitute Sacred Rites, mixed with solemnities; and that whether they arose from strangers; or are said to be from Tuscia, or from Cyprus, or whencesoever else. So that it is evident now from these, and the like Authorities amongst the Greeks (which might be produced) from whence they derived their Prescripts of Religion (viz.) from their Oracles, and Gods; from visions, divine Inspirations, and the like ways of Revelation from Heaven. In the second place let us make the like enquiry concerning the Romans; Disputationem lib. 1. cap. 11. And the like will be found also concerning them: So Numa (whom (Machiavelli says) Rome owed more to for bringing in Religion amongst them, then to Romulus their Founder: And he dated his prescript of Religion from night Converses, which he feigned, with the Nymph Egeria; and day converses with the Muses, as Livy, Decad. 1. lib. 1. In vita Numae. and Plutark, and others affirm. But before either him, or Romulus, many religious Rites and Ceremonies were brought into Italy by others. Faunus' their most ancient King, is famed first to have consecrated Groves: (the same things which we read of to have been in use amongst the Assyrians and other Heathens in the Scripture;) and so also to have erected Temples, appointed Sacrifices, and the like. After him Evander brought other Rites from Arcadia; De falf. Relig. Lib. 1. cap. 22. and after him Aeneas other Trojan Ceremonies from Troy: and Numa is said by Lactantius, to have added to these. But however all these, whether Traditional, or newly founded by Numa, were still derived from the Gods. St. Augustine in his Book De Civitate Dei, reduceth the Theology, both of the Romans, and other Heathens, Lib. 6. cap. 5. to these three sorts, delivered by Varro, as he says, Varro Tria genera Theologiae dicit esse: Earúmque unum Mythicon appellari, alterum Physicon, Tertium . Varro says (says he) there were three kinds of Theology; and that the one of them was called Poetical, the other Philosophical, and the third Civical. And he says consonantly elsewhere; Ibid. lib. 4. cap. 27. That it was delivered by the Pontifex Scaevola, tria genera fuisse deorum, unum a Poetis, alterum a Philosophis, tertium à Principibus Civitatum: That there were three sorts of Gods; the one of them received from the Poets, the other from the Philosophers, and the other from the Princes of Cities: And all these were still said to be from Divine Revelation. The Poets were of old looked upon as Inspired from Heaven. De furore Poetico. in Princip. So Plato Testifies concerning those of Greece, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; That they uttered their excellent Poems, not at all from any thing of Art, but from Divine Inspiration; and that they drew Wine, and Milk from the fountains, and hills of the Muses: Vid. etiam in Phaedro, circa princip. Et de legib. Dial. 2. Et de Repub. Dial. 10. Et de legib. Dial. 3. as Bees did honey from flowers. And were the Interpreters of the Gods; and the like, in many other places. So the Latin Poets also had the same reputation in their times and Countries. Est Deus in nobis, agitante ealescimus illo, etc. That there was a God in them; and that they grew warm by his motion. And the like is to be said of the Philosophical, and City Divinity. The Philosophers and Senates (just as the Sanedrim amongst the Jews concerning Prophets) did not receive any thing in either, but what they judged to be from Divine Revelation. Suetonius in Tiber. Tertul. Apolog. etc. 3. Euseb. Hist. Ecclesiast. lib. 2. cap. 3. The Story is known concerning Jesus Christ in Tiberius his time: whom the Senate would not receive into the number of their Gods, because he had been worshipped before they had approved of him. And as this is said concerning the Religion of the Greeks, Vid: Ovid de Fast: Dii quoque Tristitiam poni per sua festa jubent. Et Hora, Carm. lib. 1. Ode. 16. Non Dyndimaene, non adytis quatit. Mentem Sacerdotum incola Pythius. Non Liber aequè. Et Vid. Hospinian. de Orig. Festorum, etc. So the Christian Prescript was derived from the same Authority with that of Moses. Matth 23. In Apologia Socratis. Acts 5.29 Rev. 22.18, 19 Mahomet's Prescript dated also from God. and Romans, and other Heathens in the general: So, the like also might be said concerning all the particular parts of it. Their Festivals were dated from their Gods; The Priests at their Oracles said to be Inspired by their Gods; and the like in other things. So that thus was the Heathen Religion received totally upon the account of Divine Authority: and we may be sure upon none other account at all: for else to what purpose was it, that these Oracles, and several other ways of Divine Revelation, mentioned, were held in such repute amongst them for that end, (viz.) That they might thus receive their prescripts of Religion from them? VI The Christian Religion, which proceeded from God indeed, may well be expected then to proceed upon these only rational grounds. The commands of God and men are always opposed (as to matters of Faith) in the New Testament. We are bid to call no man Master upon Earth; and (that which Divine Plato also taught in express terms) To obey God rather than men. And they are cursed, and devoted, who add to the Canon of the New Testament. And the like things, obvious to consideration, might be farther said; but they need not be here recited. VII. And lastly: The like we shall find also concerning mohammed; That, as we said, the Heathens feigned the Divine Original of their Religion, and derived many Rites of it from Moses, as to the matter of them: so hath he also feigned the same Original of his, and derived many Rites of it, both from the Heathens, and Moses, and Christ. He feigned converses with God and his Angel Gabriel, Vide passim in Alcorano. and the holy Ghost in the form of a Pigeon, dictating into his Ear the Law of his Alcoran. He pretended the amendment and restauration of many Doctrines, both of Moses and Christ, which he said, Vide ibid. Azoara 9 since their times, had been corrupted: He pitched upon many things, as being Media Licita, and indifferent in their own nature, and which were controverted amongst Christians; and partly practised, and partly tolerated by Moses his Law, and by the Greeks, D. De Petitione haereditatis. L. Ancillarum etiam. ¶. Sed inquit Vlpianus, Non & in multorum honestiorum praediis Lupanaria exercentur, etc. Et vid. Plat. De Rep. & De Legib. etc. Et Alcoran. ib. Azo. 9 and the old Civil Law of the Romans; such as Polygamy, Circumcision, choice of meats; and other Doctrines, and Sacred Rites, and Ceremonies. And in these he pretended his reduction to the Primitive appointment of God; as if many of these things had been altered, and corrupted, and otherwise constituted by Moses, and Christ, in their times. Thus than the universal consent of Nations, and all Divine and Humane Laws have established it; That all Precepts and prescripts of Religion are to be expected only from God, and his divine Authority. But because the Divine Original of Religion, in the general, and under its different Notions, is not only to be asserted in relation to the treating of an Ecclesiastical Uniformity, and the Rights belonging to it; but also that a more special respect is to be had to the true Religion, both by all mixtly, that they may take heed of violating the consistency of it with Government; and also by the chief Magistrate in particular, and eminently, that he may take care for the settling of it as the National Religion in his Society. And because we shall have many occasions hereafter in our following discourse of referring to the distinction of Religion into true and false; Therefore we will here proceed a little farther in relation to these things, and lay down the general grounds of all Religions, and compare them. Two only sorts of Precepts of Religion. VIII. There are then two only sorts of Precepts, of which any Religion can consist. 1. Natural. 2. Positive. For this is a complete distribution of the Divine Laws into these two sorts. 1. The Natural it must needs consist of; because God the Author of Humane Nature is supposed to approve of the dictates of it. And the Law of Nature in the General is implanted in all Creatures for their good; and that they might be governed by it. And so Ulpian describes it, D. De Justit: & jure. L. Hujus, ¶. Jus naturale. Jus Naturale est quod natura omnia animalia docuit: Nam jus istud non solum humano generi proprium est, sed & omnium animalium, quae in terra, aut in Mari nascuntur. That the Natural Law is that which nature hath taught all living Creatures: for that Law is not only proper to mankind, but is the Law of all living Creatures, which are generated and bred, either in the Earth, or in the Sea. And therefore for man not to be governed by it, would be against the whole order of the Creation; and it should be planted by God in him in vain. 2. The positive Divine Laws proceed from God's Supreme Sovereignty over man; And that, Primarily, as he is Creator; and by which Sovereignty he is at liberty to command him any thing else also, besides the Law of his Nature, What the true prescript of Religion is, is to be known only from Divine Revelation; and that Authorised by Divine Testimony. in those Mediis Licitis, which I mentioned upon another account just now. IX. What that Prescript of Divine Precepts is, which God hath so appointed to men for their Religion, especially as to the Positive sort of them, is to be known only from Divine Revelation: and that because the perfect and original light of Nature in man is in a great part lost and darkened; and till the Pattern of it be showed him again (and that either by special grace, or else ordinarily by a Prescript of Religion delivered from Heaven in common to all) he doth but as it were more obscurely in many things groap after it. And the will of God in Positives is secret only to himself; and no Creature hath any such Intuition into the Divine Essence, as to know it, till revealed: and that Revelation of it also from Heaven must be witnessed to by peculiar Divine testimony, or else it cannot be known to man to be such; and if not so known, it cannot rationally be received by him. X. Divine Testimony in the general, In what Divine Testimony consists; and how the Revelation of the true prescript of Religion is to be known from it. consists in the exhibiting of supernatural operations: which, because supernatural, are only proper to God; and his Supernatural operations proceed severally from his Attributes; and that Religion which consists only of the Precepts of the Law of Nature, and the Media Licita for its positive commands; and the Revelation of which from Heaven he hath in a peculiar and particular manner witnessed to as such, by such supernatural operations; it ought to be received by man, and he is obliged to God, as Creator and Governor of the World, to observe, and practise the precepts of it. God hath not revealed from Heaven, that he hath committed it to any man or Angel to appoint for Religion what shall seem right to him, or he shall think fit: But he hath left every particular precept whatsoever to be expected only ultimately from himself. XI. The Essential Attributes of God are all those infinite perfections which we ascribe to him, and to deny the Creatures: One discerning the operation of God's Attributes Distinguished. Prima Quaest. 3. Art. 5. in conclus. The operation of them, being any ways present, can be discerned by us only à posteriori, and from the effect of them; and not otherwise, and à priori; because we have not such intimate Cognizance of the nature of God as so fare to discern them. Neque est definitio Dei, neque demonstratio, nisi per effectum, says Aquinas; That there is neither any definition, nor demonstration of God, but by the effect. The effects of the Divine Attributes than are discerned, either mediately, or immediately: and there are only two of those Attributes, the operations of which we are able so far to distinguish as to discern them immediately from their effects mentioned; and those are the Omnisciency, and Omnipotency of God; and the effect of them are miracles, and ordinarily Prophesy, or prediction of things to come, or sometimes any the like knowledge, and Revelation of secrets, equivalent to it: and the effects of the other Divine Attributes, as such, are not discerned but mediately (i. e.) by the Testimony of these two, being present to them, wheresoever is their operation. XII. * The Properties of the operation of these Attributes of God; and particularly of his omnisciency, and Omnipotency; and of Tradition in relation to the effects of them. The operation of all these Attributes of God (as all other Acts of Creatures, which are in time) either is in praesenti, or hath been in praeterito, or else is to be in futuro. In praesenti, it gives present Testimony to any thing being from God; as in present Miracles, Prediction or Prophecy, in the first utterance of it, attested to by such Miracles, as to matters of Religion. In futuro, it is intended to give future testimony by the effect of it concerning any Creature, as in prophecy in the event. And that which hath been in praterito, stands upon Record: and the only conservatrix of the memory of it, and deliverer of it down to future ages is tradition. Which tradition, if it hath these two properties: 1. That it be true in the fountain, and first springhead of things. 2. That it be continued, and uninterrupted in the stream of the relation of them down to us, than it is as infallible a conservatrix of former Records (though for many ages together) as if so many men standing all in a row did deliver those Records from hand to hand, immediately one to another. XIII. These things then being said, from hence it is, that these three things, The operations of God's Omnisciency, and Omnipotency, the only primary divine testimonies to matters of Religion; and tradition the only instrument for the conveyance of the memory of them, and the doctrines of Religion down to future ages: and the consent of Nations, & of God himself about these things. (viz.) Miracles and Prophecy, or Prediction, ordinarily have been laid down, by the consent of all Nations, and of God himself (as we mentioned just now concerning the Divine Institution of Religion) as the great and primary Divine Testimonies to all Religion in the world whatsoever. And the third of them (viz.) Tradition, as the instrument for the conveyance of the memory of them down to future ages. And having then here also assigned the Reason's just now mentioned, for these things from Nature; Let us come to the instancing in the consent of Nations, and of God himself also, as so approving of them: and that in the same order and manner, as formerly, concerning the Divine Institution of Religion in the General. * So in Moses his Law. XIV. First of all then, as to the Prescript of Religion delivered by God to Moses. The primary Divine Testimonies of it, as such, have been from these things. The secondary have been from the other effects of the other Attributes of God. And Tradition hath been accordingly made use of, in relation to them both; as we have mentioned. We will instance in all the three particularly. 1. Prophecy. The Old Testament Prophets are famously known: a) Floruit circa Ann. mundi, 2460. Moses, and b) cir. an. 2840 Samuel, and c) cir. an. 2900 David, and d) cir. an. 2900 Nathan, and e) cir. an 2900 Gad, f) cir. an. 3000 Elias, and g) cir. an. 3040 Elizens, and h) cir. an. 3040 Micha, and i) cir. an. 3110 Jonah, and k) cir. an 3120 Hosea, and ˡ Joel; and so also the Prophetesses, a) Floruit. Cir. An 2460 Miriam, b) cir. an. 2610 Deborah, and c) cir. an. 3320 Huldah, and all along till a) Florun. cir. An. 3544 Malachi, the last of these Prophets, about Four Hundred years before Christ, in whom the gift of Prophecy ceased, and that in order to the appearance of Christ in the world; as the morningstar disappears at the approach of the Sun. And all these they called in Israel, Seers, from their Prophetic Visions, and foresights of things to come: and they were * anointed to their Prophetical Office, and had † Colleges, and places of nurture for young men, whom they called Sons of the Prophets, that by their Virtuous and Religious Education they might there be prepared for the receiving the Spirit of Prophecy; and God's revelation of himself to these Prophets, by Dreams and Visions, and voices from Heaven, and the like, is sufficiently known. b) Natus Christus cir. an. 3948. Vide Joseph. Antiqu. Judaic. & Helvici Thea. Chronologic. etc. 2. * Vid. 1 Kings 19.16. Psalm 4.19 Isa. 61.1. §. 1. The like is to be said as to Miracles, which we here distinguish from Prophecy, although otherwise Prophesy be one sort of Miracle. And the miracles of these Prophets, as attesting to the Prescript of Moses, are as sufficiently known also. First of all, the miracles of Moses himself, by which he outdid the Magicians, and which the Jews say, he wrought in the sight of six hundred thousand men of Israel. And so of Elijah, and Elisha, and others. And in Christ's time, the Jews asked, what sign showest thou then, that we might see, and believe thee? Our Fathers did eat Manna in the Desert, Jo. 6.30, 31. and again Jo. 9.28. † 2 King. 22.14 Thou art his Disciple, but we are Moses his Disciples: * In Misn. in Jesudei hatorah. chap. 8. Now we know that God spoke unto Moses, etc. And Maimonides saith of him, Moses our Master, Israel believed not in him, because of the signs which he did; for he that believeth because of signs, there is in his heart a suspicion that the sign may possibly be done by Enchantment, or Sorcery. But all the signs which Moses did in the Wilderness, he did them upon necessity, etc. We needed Food, he brought us down Manna; they were a thirst, he clavae the Rock for them; the Congregation of Corah risen up against him, the Earth swallowed them up; and so all his other Miracles. But notwithstanding this, wherefore believed we him? For that standing at the Mount Sinai, which our own eyes did see, and not a stranger, and our own ears did hear, and not another, the Fire, the Thunders, the Lightnings, etc. So that thus were the Prophecies and Miracles testimonial to Moses his Law. And these things are pleaded also as such by God himself; so his Miracles: see Exod. 4.20. and 8.22. and 16.33, 34, 35. and Deut. 4.11, 13, and 34.10, 11, etc. And so the Prophecies, Isa. 41.23, 24, 25, 26. show the things that are to come hereafter, that we may know that ye are Gods, etc. And Isa. 45.21 etc. and there is a special caution given to Israel by Moses his Law concerning these things, in relation to the Idolatry of the Gentiles, that they might never be drawn away to it, Deut. 13.1, 2, 3, etc. If there arise amongst you a Prophet, or a Dreamer of Dreams, and giveth thee a sign or a wonder, and the sign or the wonder come to pass, whereof he spoke unto thee, saying, Let us go after other Gods, which thou hast not known, and let us serve them: Thou shalt not hearken unto the words of that Prophet, or Dreamer of Dreams, for the Lord your God proveth you. And Maimony saith, If there stand up a Prophet, and he doth great signs and wonders, Ibid. Tom in Jesude hatorah. Chap. 8. Sect. 6 and endeavours to contradict the Prophecy of Moses, we may not attend to him: But we are sure that those signs are by enchantment and Sorcery. For the Prophecy of Moses was not by signs, etc. But we beheld with our own eyes, and heard with our own ears, etc. So that thus it is, concerning both these sorts of primary testimonials to the Law of Moses: and that Law was compounded only of the Laws of Nature, and the Media Lacita for its positive Precepts. And God testified also to it as such, and as accompanied with these Prophecies, in the first utterance of them, in an eminent and peculiar way: and that both by his affording Miracles to it strictly as testimonial, and also by his outdoing the Magicians by them, and also by his affording such eminently apparent Miracles, as were not amongst the Heathen; and as hath been already mentioned. 3. The like is to be said also concerning Tradition, as the only instrument for the conveying these things down to future ages. In confidence of which it is well known that the Easterly Jews, in Greece, and other places where they are permitted at this day, speak of Father Abraham, and Mother Sarah, and the like, as familiarly as if they were at present living amongst them. This is it by which they boast, that they have conserved the Cannon of the Old Testament, ad punctumculam usque even to the very lest point, and letter in the Original. This is it by which the Oral Law also, they say, hath been preserved: And God himself also made use of it, for the preserving the Pot of Manna, (Exod. 16, 22.) and the tables of the testimony themselves (Exod. 25.16, and 21.) in the Ark. And the cessation both of Prophecies and Miracles in the latter ages of the Jewish Church, was an argument, that he would have the memory of them, as having been formerly acted, conveyed down by tradition. Pirkeaboth Cap. 1. Vid. & vid. Maimonid. in prefationé ad Commentarium suum ad Mischnam. And the Jews have a famous saying concerning the tradition of their Law, and all these and other things belonging to it; Moses accepit legem in Monte Sinai, & tradidit eam Josuae, & Josua senioribus, & seniores Prophetis, Prophetae denique eam tradiderunt viris Sinagogae Magnae: That Moses received the Law in Mount Sinai, and delivered it to Joshua, and Joshua to the Elders, and the Elders to the Prophets; and last of all the Prophets delivered it to the men of the great Synagogue. And they name the several successions of it, from hand to hand, also by Tradition: Thus they for these three fundamental matters in Relation to Moses his Law. So the Heathens. XV. Let us go on to the like use of them by the Heathens. 1. Prophecy. So both amongst the Greeks and Romans, in both their ages of Empire; they had their Prophetic Dreams, Voices, Visions, and the like, as amongst the Hebrews, in use for this end: Such are those which are mentioned by Homer, Xenophon, and others: — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; Says Homer, Iliad. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. in princip. Pro. p. 33. that a dream was from Jupiter: and Xenophon mentions the interpretation of those dreams, and so Eschylius and others: And the like things also are celebrated amongst the Romans. And so both Greeks and Romans also had their Prophets and Prophetesses, and the like so esteemed amongst them. In Convivio Such was that Diotima, whom Plato mentions, who foretold a plague at Athens ten years beforehand. Such that other Epimerides, De Legib. Dial. 1. whom he calls Virum Divinum, a Man of God, who, says he, Ten years before the Persian War, being warned by an Oracle of God, etc. Such, and more also in some things were the Sibyls. Vid. In Theseo. & in Lycurgo, etc. De magis Inf. Lib. 2. Cap. 13. Lib. 5. Dec: 1. In Phaedro. Such are mentioned by Plutarch and others. Such were their Poets. And because Poems were accounted for Prophecies, etc. says Wierius. Such were their Priests and Priestesses, who gave responses from Oracles mentioned by Livy, Plato and others. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says Plato, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For, both those things to come, which the Prophetess hath foretold at Delphos; and those also of the Priestesses at Dodona, have brought many, and great Commodities to the Greeks, both public and privately: and the like many more things might be mentioned. 2. Let us go on to their reputed Miracles: Such as are mentioned to be wrought by their Oracles, and otherwise, in the removing of Epidemical sicknesses, the giving successes in Battles: Such as their Temples, many of them, were founded upon, as the occasion of the building of them. So two Pigeons are said first to have appeared at Dodona, and to have commanded with man's voice a Temple to be there erected. So Castor and Pollux, in the Latin War, are said to have appeared in the field, in the likeness of Angels; and presently again at Rome, in the forum, on sweeting horses, and to have brought the news of the Victory; and presently there was a Temple Erected to them. The like Miraculous thing also is said concerning Titus Latinus his cure, by Livy, and recited by St. Augustine. Lib. 4. de Civ. Dei. Cap. 6. In Vespatiano. Act. 8. Such also are said to have been wrought by Apollonius Tyanaeus, and by Vespasian in Suetonius: and Simon Magus is said by the Scripture, to have been held for a worker of wonders in the Apostles time. And Numa is said to have brought in his Divinity attested to by the apparition of the Gods, and to have used Hydromancy and Necromancy, and the like Arts, to that purpose: and the like to these, both Miracles and Prophecies, might be mentioned also concerning other Nations, the Egyptians, Chaldeans, Assyrians, etc. The Egyptian Magicians are said to have stood in competition with Moses, in his time, in the matter of Miracles; Exod. 7.8. and the Caldean Astrologers and Soothsayers with Daniel in the matter of prediction, Dan. 4.3. in the Holy Scriptures. And the so much scrupled writings of Trismegistus, Manetho, Berosus, and others, attest to the like things. And these, partly cheats of men, and partly diabolical delusions, the Scripture says, that, partly as to his permitting them, as an Evil, God winked at; and as to his positive inflicting them, Acts 17.30. that he inflicted them as a penalty and judgement on the Nations, which made no better use of their more Evident light of Nature, in their practice of Polytheisme, Rom. 1.18. ad finem. and such like things, (the several gross and foul Tenants of their Religion) than they did. And the like, says St. Augustine, Lib. de Divino●ione Daemonum, etc. and the other ordinary writings of Divines. 3. Let us come then to the tradition of these things, and as relied upon for the delivery of them down to future ages. I have mentioned the Tria genera tradita from the Pontifex Scaevola, Supra, Sec. 5. and Varro out of St. Augustine; and the Prescripts of worship descending to the Greeks, by ancient Fame, out of Plato. And Ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. We do not feign any thing cunningly concerning the Gods: Our Father's Traditions, which, coetaneous with us, a long time We preserve, those nothing whatsoever shall subvert. Says Euripides. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Tiresias. And, Omnes Religione moventur, & Deos Patrios, quos a majoribus acceperunt, colendos sibi diligenter, & retinendos arbitrantur, Cap. 6. Act in Verr. says Cicero: That all are moved with Religion, and do think that their Country Gods, whom they have received to be such from their Ancestors, are to be worshipped, and carefully to be retained. And how the Dii Patrii, the Gods of their Country; and the Instituta Majorum, or Religious Precepts received from their Ancestors, and the like, are celebrated up and down in the Greek and Roman Writings, who is there that knows not? So then thus the Heathens in relation to these things. So Mahomet. XVI. The like will be said also (briefly) of the late Imposter Mahomet. 1. As to his pretended Prophecies, concerning those great matters of the Day of Judgement, and his second coming in it, of the Carnal Paradise, and the like other matters, up and down in the Alcoran: and as he styleth himself to be, so his followers style him to be at this day, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and by way of Eminency, in respect to all others, the great Prophet, who was to come into the World; and that both in the stricter notion of Prophecy, in respect to his Predictions, as well as in a larger, in respect to his teaching to them their Law of God. 2. As to his Miracles, it is said he was a Magician; yet we hear little of his particular Miracles. De Orig. Imper. Turc. Cap. de mirac. Machometi, etc. There is a slight relation of some said to be done by him, given by Georgieviz, Leunclavius, and others; and of the like said to be done by some of his followers: But he had things in the place of eminent appearances of God with him; such as his Dove at his Ear, his falling sickness Transes, In pandeot Hist Turc. Et in Annalibus Turcic. cap. de Osmanis nat. vitat. etc. Vid. Alcoran. Azoara. 3.14.30 etc. Vid. Alcoran. Azoara. 3.14.30 etc. Vid. Passim in Alcorano. and the like. Indeed, in the Alcoran, he sometimes excuseth the want of Miracles, and says, Why should men look for Miracles? I am only the Messenger, to deliver the Law of God to them: And then he says, he hath wrought enough to convince men. And indeed, in fine, he swears Oaths enough to stand in the place of all: He swears by things visible, and invisible; by the East, and West; Winds, and Clouds, and Sea, and Stars, and Angels, Se Dei Nuncium, non Magum, That he is the Messenger of God, and no Magician; and the like other things might be recited. 3. So also as to Tradition. The Original Copy of the Mahometan Law is said to be kept in the Chief Mufti's Custody. It is accounted profane, so much as to touch it with common hands. And Tradition is the thing relied upon, for the delivery of it at first by God to Mahomet; as is alleged; and for its continued uncorruptedness in the precepts of it to this very day. XVII. In the fourth and last place; So also in the Law of Christ; And the Christian Religion asserted from it. And that also with a special respect to an Ecclesiastical Uniformity. let us come last of all to the consent of the Christian Religion to these things (as was mentioned concerning Moses his Law) and to the assertion of the truth of it also from them; and that 1. For Prophesy (viz.) as attesting to it; and that in a peculiar manner; and in it, it excelled all other Religions, and had greater evidence of Divine Testimony from it then they had. The Law of Moses had chief Predictions or Prophecies in the Original, and first delivery of them, attesting to it: And which, Vid. Sect. 12. as such (as I have mentioned) were but a secondary Divine Testimony, and not credible any further than as attested to by Miracles. But the Christian Religion had all the Prophecies concerning the Incarnation of Christ, and other * De Judaeis Christum rejicientibus. vid. Mark. 21.33. sit in sequent. Et cap. 22. in princip. Et Luk. 15.11 etc. De extraneis eun. Amplectentibus, vid Mat. 8.2 Matth. 12.21. Matth 21 43, etc. De obsidione & ruina Jerusalem & Templi, vid. Matth. 23.38 Luc. 13.34. Et alibi; & sic & caeteris. Principal things fulfilled actually, and in the event testifying to it. So it excelled all the pretended Prophecies of the Heathens, which were either dark and dubious, and interpretable either way, according as the event fell out (such as their Responses of Oracles for the most part were); or else they were concerning things near hand, and which might be foretold, either by Logical conclusions, made by cunning men, concerning the consequences of them; or else by Prae-sentiments in Nature (such as the Platonists, and others, who writ of Prophetic Euthusiasme, mention) and from the influence of Natural Causes on it; or else those Prophecies might be much more from the sapience and vast experience of evil Angels in humane affairs. And so also it excelled Mahomet's religion; if he allege himself to be prophesied of, either by Moses, or Christ; the Books neither of the Old nor New Testament, that were any where extant at his appearing in the World, did testify any such thing. If he say, they had been corrupted; neither was there any thing of it in the writings of either Jews or Christians; neither was there any fame of any such thing ever heard of amongst them: Especially the Christian Religion having been of no elder date then about six hundred years before him; and for the most part of that time also, its professors having been under the dint of Persecution; and so there being little likelihood that they either should have had opportunity of corrupting, in so great a measure, the Law of Christ concerning his coming, in so little time; or else should have been at leisure, or in a disposition of mind to do it, under such persecution. And last of all, what end can it possibly be supposed, they should have had in the doing of it? The like also is to be said of his own personal Prophecies of the day of Judgement, and his second Coming, etc. after a thousand years; and how much the Prophecies of the Christian Religion excelled them. Mr. Herbert, in his Travels into Persia. pag. 159. Which Prophecies of his how well they have been fulfilled, the event shows; For lately the time being expired, his second Coming was very seriously looked for: and the people, seeing themselves gulled, began to stagger; till the Mufti assured them that the figures were mistaken, and that it was two thousand in the Original. And the Grand Sophi of Persia till then, kept his eldest Daughter a Virgin, and a horse ready in his Stable for him; which after that he dismissed. So that thus have been, either the pretended, or real prophecies, attesting to other Prescripts of Religion; but not so those attesting to the Christian. It hath been attested to by Prophetic Heathens; as is evident from the writings of the Sibyls, De civitate. Dei, Lib. 18. c. 23. and others: And as was showed to St. Augustine by Flactianus, from the writings of Sibylla Erythraea (or as others Cumana) in which was found that verse, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Jesus Christ, the Son of God, the Saviour. And so it hath been attested to also by the Prophets of Israel. And all their Prophecies also have been fulfilled, in the person of Christ in the event: and that purely providentially, and by such ways as could not be suspected of Imposture. So some were fulfilled in others, in relation to his person; Matth. 3.3 Joh. 13.18 Matth. 26.31.56 etc. Acts 2.24, 25, 26, 27. Mark. 12.36 Eph. 4.8 Matth. 2.5, 6. Matth. 2.15 Matth. 21.16 Matth. 27.9, 10. Joh. 19.36. as the coming of John the Baptist, Judas his betraying him, his Disciples forsaking him in the night of his arraignment, etc. So some also were fulfilled in himself, which 'twas impossible for any man or Angel to bring to effect; as his Resurrection and Ascension. So some by others, before he was of any Age, or capable of dissembling them; as his being born at Bethlehem of Judea, his coming out of Egypt, etc. Nay, some by persons, who were not capable of being suborned by any man; as the little children saluting him with Hosanna. Nay, some by the Jews themselves, the utter enemies of his being the Messiah; and that at unawares; as their giving thirty pieces of Silver for him, their not breaking his Legs on the Cross, their dividing his Garments amongst them. Joh. 19.24. So that this Prophecy in the event, attested eminently to the Christian Religion. And the Jews themselves also expected their Messiah about this time of Christ's coming into the World, notwithstanding their rejecting him. 2. In the like manner also did the Christian Religion excel in Miracles. Moses derived his power of working them from God; but Christ wrought them as God, and in his own name. Moses died the common death of all men; but Christ risen again, and ascended into Heaven. So in the Star, created on purpose, says Tycho, and others, to lead to his Birth: So also in his being born of a Virgin; and other the like things. So also he excelled the Heathen, and all their pretended Miracles; and that, remarkably, in his silencing their Oracles, the great pillars and supports of the Gentile Religion, and in other things. So also he excelled Mahomet; who did not so much as pretend the working of many Miracles; Supra: Sect. 16. as is said; but that he was to come with Arms, for the Propagation of his Prescript of Religion. And these Miracles also, Vid. Alcoran. Azoara 3.14.17.30. and the power of working them, Christ left to his followers; His Disciples, being illiterate men, spoke with Tongues, uttered the most assured Precepts of the Law of Nature; and such as the profoundest Heathens had before been famed for, and the like. And their followers, in the succeeding ages, appealed to all the world, to behold the Miracles accompanying them; and that continuedly, for many Centuries and Ages together. 3. And lastly. The Tradition of all these things hath been. 1. True in the root, and Springhead of them. 2. Uninterrupted in the stream, and derivation of them also down all along the Ages of the Christian Church. There is no way for the proof, and evidencing of things amongst men, but by the Testimony of witnesses; which was the last way prescribed by Moses his Law, and is by all Laws of Countries in the world. Vid. F. De fide Instrumentorum. De Testibus, etc. And the Roman Civil Law requires, that they be fide digni (i. e.) that they be Intelligent, and honest: and so also all other Laws; which is an Argument, that, if they be so, it is as much as can be desired. And such witnesses hath the Tradition of these primary Evidences of the Truth of the Christian Religion had attesting to it: And that in both its Capacities of that Tradition mentioned. It hath had the Testimonies both of Enemies, and Friends. 1. Of Enemies. Such is that of Josephus, concerning Christ. About the same time, says he, was Jesus, a man of Sapience, Antique Judaic, Lib. 18. cap. 4. and wisdom; if indeed it be lawful to call him a man; for he was a doer of wonderful works, Supr Sect. 5. Et apud Su●tonium, Tertullian, & Euseb. ut prius. and a teacher of those who would willingly receive the truth; and he had very many followers both of the Jews, and Gentiles. Such also is that of Pontius Pilate himself (as was before mentioned) who is said to have sent word to Tiberius of his Miracles: Insomuch that Tiberius would have had the Senate of Rome to have enroled him amongst their Gods. Apud Euseb. praeparationis Evang. Lib. 5. Cap. 1. Such also is that of Porphyry, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. That, from the time that Jesus began to be worshipped, none did partake of any public help from the Gods. And the like acknowledgements there are of Celsus, and Julian, and other enemies of Christianity. Apud Origin. Apud Cyrillum, etc. 2. Of Friends, and those every ways worthy of belief: Such were Sergius Paulus, and Dionysius the Areopagite, and many of the followers of Christ, mentioned in the Scripture itself. Such were also many of the Primitive Martyrs, and the Grand Doctors and Fathers of the Christian Church, Adversus haereses, Lib. 2. Cap. 51. & floruit circa Ann. Christi, 180. down all along the Centuries. So Irenaeus in his time; Si autem Dominum phantasmata hujusmodi fecisse dicunt, etc. But if they say that the Lord did these things by false appearances, says he, We will reduce them to the Writings of the Prophets, and show plainly out of them, that all things were so foretold by God, and that he was the only Son of God; Wherefore also in his Name, those who are his true Disciples, receiving Grace from him, do the like things to the benefit of the rest of men, even as every one hath received the gift from him: For some cast out devils most assuredly, and truly; others also have the fore knowledge of things to come, and Visions, and utterings of Prophecies; and others by the laying on of hands, do cure those who have laboured with infirmities, and restore them to health; and even at this day also, as we have said, the dead have arisen, and continued among us for many years. Contra Celsum, Lib. 2. Paulo post princip. & floruit circa Ann. Christi. 220. So also says Origen, in his time, speaking of Celsus, Cum & Jesus virtutes extenuaret, Magicis illas praestigiis editas olim affirmans; quod vero virtutes, & mira de se ederet Jesus utcunque admittens: That when he did extenuate the Miracles of Christ, affirming them to be wrought by Art of Magic heretofore; but yet however admitting, that Jesus did work miracles, and many wonderful things concerning himself: Ibid. And afterwards, Cumque Phlegon, in decimo tertio, vel decimo quarto (ut Arbitror) annalium, libro vel futurorum quorundam praenotionem detulit Christo; cum de Petro confusius pleraque & de Christo edisserit, & plane testificatus, pro hujus praedictionibus, & res occurrisse: And that when Phlegon, in his thirteenth, or as I think, fourteenth Book of his Annals, attributed to Christ the foreknowledge of certain things to come; when he had discoursed many things more confusedly concerning Peter, and Christ, and plainly testifying, that also things came to pass according to his predictions. Adversus Vigilantium, in princip. & floruit circa Ann. Christi. 390. And so St. Jerom also, in his time, affirms the Miracles done at Martyns' Tombs, and bids Vigilantius, Sed respond, quomodo in vilissimo pulvere & favilla, nescio qua, tanta sit signorum, virtutumque presentia? But Answer, how can there be so great a presence of signs and wonders in some most contemptible dust, Ibid. and I know not what ashes of the dead? And after he recites Porphyry and Eunomius calling them Praestigias Daemonum, Ibid. Deceits of Devils; and says he to Vigilantius, Spiritus iste immundus, quo haec te cogit scribere, saepe hoc vilissimo tortus est pulvere, immo hodieque torquetur: That unclean spirit, which compels thee to write these things, hath been often tormented by this most vile dust, nay, and even at this day is tormented. And the like many other things might be recited out of the Primitive and latter writings of the Christian Church, which are every where full of these Testimonies: But we intent not here a justification of the Christian Religion at large, but only a recital of these things, so far forth as belongs to our present occasion: So much then for the Christian Religion, also its excelling all other in the having had these primary Divine Testimonies annexed to it, as such; and that also thus in a most peculiar way, by God; and the Precepts of it consisting eminently, and only of the pure Laws of Nature, in the mean time; and it having none but the Media Licita, for its Positives, as was said above of the Law of Moses: So than the Christian Religion is it, the consistency of which with Government men ought to have a special respect to, that they do not violate it; and which ought by every Chief Magistrate, and his Laws of an Ecclesiastical Uniformity, to be settled as the National Religion in every Society. XVIII. Last of all then, we conclude all with this, The Universal consent of nations about it also at this day (viz) that Religion is appointed by God. That our Proposition here thus first asserted, (Viz:) That Religion is necessarily appointed by God, and none else, is the sense of all Nations present in the world, as well as that it hath been so of those heretofore. And if it be not such a common confession, and supposition amongst them; then what mean the mutual objections of Error, Superstition, will-worship, etc. to be so vulgar in matters of Religion, every where amongst men? What mean also the so much adored names of Truth, Divine authority, the Will of God, and the like, to be the Helenaes' that men contend for? Truly these things will sufficiently evince the derivation of Religion only from divine authority, to be still held as a common principle amongst men. CHAP. III. The second Proposition asserted, (viz.) That Government also is appointed by God: The Question concerning the derivation of it from the People; and the consequent doctrine of Rising in Arms, in case of Male Administration; and particularly in defence of Religion, and the matters of an Ecclesiastical Uniformity stated; and of the tendency of those Doctrines to the hurt of Religion, and Humane Society. I. THe causes of the want of Records in the world assigned. II. The first state of men, and the several ways of their coming together into Societies. III. Whence the necessity of Laws and Government. iv The ways by which men have arrived at Government. V The first and capital distinction of Government amongst men. VI The distinctions also of consent given to Government. VII. That the present lawful Government is from God, proved in the general; and concerning the Church Government in particular. VIII. The two Constitutive causes, assigned, from whence the Civil Power is said to be derived, in the controversy concerning it. IX. The state of the Question concerning the derivation of the Civil Power from the People. X. The grand principle of Natural freedom refuted. XI. The other propositions concerning the power of Magistracy fundamentally in the People; and in the state of the Question considered. XII. The state of the Question, on the People's part, considered also from its effects. XIII. Last of all, the prineiple of Rising in Arms, particularly in defence of Religion, and the matters of an Ecclesiastical Uniformity, refuted. XIV. The proof of the Affirmative part of the Question, that the Magistrates Power is from God; And that, XV. First, from Scripture. XVI. Secondly, from the voice of Nature and Nations. XVII. The tendency of the negative part of the Question to the good of Religion, and Humane Society, disputed. XVIII. That it doth not tend to the good of it, proved: First, from Gods having stated it otherwise in Scripture. XIX. From the consent of the Civil Laws of Countries. XX. From a comparison of things on both parts. XXI. From another Comparison. XXII. From another more particular comparison. XXIII. The General Conclusion. I. ALL Effects under the Sun proceed ordinarily from Natural Causes: And that is evident from hence, The causes of the want of Records in the world. because Miracles are but seldom: and the difference betwixt Miracles and ordinary Effects is, That the one proceeds from a Natural Cause as such, and the other from a Supernatural in like manner. The natural and ordinary causes of the defects of Records and Histories of former ages amongst men have been many; and they either more general, or more particular. The greater and more general Plato assigns to have been necessarily, either from Conflagrations by Fire, or Inundations by Water. In Timaeo. cired princip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says he, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. There have been, and will be many and divers destructions of men; and there is a necessity that the greatest should happen by Fire and Water: Which is therefore true, because there are none other things in the world, which can possibly, and ordinarily, be the causes of such destructions, but the Elements; and of them there are none other, from which such a general Destruction, both of the persons and writings of men can proceed, but these two of Fire and Water: and both these, both Conflagrations and Inundations, proceed either from natural causes, as such purely, or from God's special appointment co-operating with them. As to God's special appointment, such was the General Inundation in the time of Noah, mentioned in the History of Moses, De legib. Dial. 3. in princip. and pointed at by Plato; and the fame of which was amongst the ancients, and hath been found of later days remaining in many Countries. Such also will be the general Conflagration at the last day, Epist. of Judas vers. 14, 15. prophesied of, of old, by Enoch, and so often mentioned in the New Testament, as also in the writings of the Sibyls, and Lucan the Poet, and other Heathens. And as to the proceeding of such more general desolations from purely natural causes, In Timaeo. ibid. Plato says, that it comes to pass once, after some long period, and return of years, That the Heavens and their Rotations come to such a position, in respect to one another, as that it is necessary for some vast and more general Conflagration to follow from it. And the like may be said of Inundation. And from hence the Fable of Phaeton's burning the world, by the fall of the Chariot of the Sun, and the like. And there is no doubt but that, considering the vastness of the Heavenly bodies, in respect to the Earth, either such Conflagrations or Inundations may follow from them. The more particular causes of the like Destructions of Records, In Timaeo. ib. & de legib. ib. and Desolations of humane affairs, Plato says also, have been many; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; That such have happened by a thousand other causes: And they have been also of the same sorts as the former. Gen. 19.4. Such as the Conflagration of Sodom, proceeding from the special appointment of God; concerning which some of the Greeks and Romans have said, That it sprang from the sulphury vapours of the Earth, drawn up by the Sun; of which kind of matter the parts of that Country were full. Which things may consist well enough, although the denial of God's special appointment, as co-operating with those causes in Nature, is rightly taxed by Interpreters. Vid. Musculum in loc. & alios. Such have been also the divers Wars, and Earthquakes, etc. says Plato. And Machiavil (learned in all humane affairs, except in the neglect of a Deity) assigns, Disputationum Lib. 2. Cap. 5. for the like causes, the change of Religions and Languages, the several Famines and Pestilences, and especially Floods, Apud Orosium, Cedrenum, etc. that have been in the World: and that these things are true also, the many instances that may be given concerning them will evince. Such were Ogyges and Deucalion's Floods, mentioned in Histories. And the latter of which is mentioned from Varro in St. Augustine, De Civ. Dei. Lib. 10. Cap. 10 and that it over-flowed not so far as Egypt, nor its confines. Such also have been the like other particular causes, by which Records have perished. So the Old Attic Law, and the ancient Laws of Greece have perished. So the twelve Tables amongst the Romans, and all the Old Civil Law Doctors upon them are perished by Justinian. So the ancient writings of the Heathens, against Christianity in the Primitive times of it, are perished also, being sentenced to the fire, when the Emperors came to be Christian. Hence their quotations are taken out of others; and the Imperial Laws concerning these things are to be seen in the a) Vid. D. in proaemio. & C. de vetere Jure Enucleando, etc. Digests, b) Et vid. C. de summa Trinitate. l. sancimus igitur, etc. Code, and c) Et Novel. 42 De officinis, sive Tab. Constantinop. Cap. 1. etc. Novels of Justinian. In like manner also of late, the Pontifical Canon Law was attempted to be committed to the fire by d) Melchiar Adam in vita Luth. Besold. Dissert. de Lib. Jur. c. 7. Luther, at his separation from the Church of Rome, although against the advice of the Lawyers of Wittemburgh, and however it continued in use by the consent of the ᵉ Augustine Confession, and is yet taught every where in the Protestant Academies. Nay, the like had like to have been the fate of Justinian's famous Pandects themselves also: They scarce throughly flourished so much as forty years after their Author, says f) In Instit. in. Proleg. De Juris prud. Rom. in Prol. Baldus, Vulteius, and others, till partly by the Revolt of the Germans, Galls, Spaniards, and others, from the Empire, in these nether parts of Europe, under the slothful Emperor g) Vid. Niceph. Lib. 18. Zonar. Tom. Annal. 3. Phocas, about the six hundreth year of Christ; and partly by the ambition and envy of the Emperor h) Vid. Ciron. Lib. 5. Observe. Jur. Canon. Cap. 4, & 5. Basilius towards Justinian afterwards, he endeavouring to suppress them; and partly by the Sacking and Conflagration of Constantinople itself by the Saracens, under the Emperor Zeno, the Seat of the Empire, and the Chief Civil Law Academy, and where perished One Hundred and Twenty Thousand Books, says i) In Orat. de excidio Constantinop. Aeneas Silvius concerning this matter, (a great number of Books in that Age, and before the Invention of Printing.) The like fate also suffered Beritus, another of the Roman Civil Law Academies, by an Earthquake. And by these, and other the like causes (which 'twould be tedious here to relate) it came to pass, that Justinian's Books were scarce any where seen or heard of for many Centuries together; till at last about the year One Thousand One Hundred Twenty and Seven, under Lotharius the Emperor, and Innocent the second Pope, both of them waging War jointly against Roger of Sicily and Naples, in the Sacking of the City Amalphi in Apulia, the Pandects were found, and bestowed on the k) Vid. Borol. De Cath. Reg. praestant. Cap. 27. N. 26. Er Gerhard. Voss. in dissert. 3. De Symbol. thes. 33. Pisani assisting them, as a part of their Triumph, and reward of their Victory. And from thence, and Florence, afterwards, they came to light, and into request again. So that thus than it hath been in the World, as to these things. And many the like instances might be given to evidence, That by these, and the like ways, Humane Records, and the many Generations of men making use of them, in several ages and Countries, have perished. II. From hence then partly, The first state of men, and the several ways of their coming together into Society. and partly from the Histories of Moses, it will be evident by what several ways men have come first into Societies. From the Books of Moses we are assured of the first Creation, and of Adam's first multiplying into a Family; and of that family's multiplying into others, derivative from it; and so on, till at last Families united into a Conjunction of Families; and Conjunctions of Families into Towns and Cities, and they into Provinces, and they into greater Kingdoms, Empires, and the like; according to the several degrees of ascent, that these things were capable of, from the several circumstances attending them. Gen. 4.1, 2, 3, 4. Hence we read of Cain and Abel their first exercising the same Family-duty of Sacrificing together; Gen. 4.17. after of Cain's going forth, and building a City; afterwards of the Kings of Cities and Countries, and greater and lesser Territories, and the like. By the like degrees of ascent also have men arrived into Societies, after any of these either more general, or more particular depopulations of Countries, and destructions of humane affairs, which we have mentioned. So after the Flood of Noah, mentioned in the Scripture. So after any of the more particular floods, and desolations mentioned; as circumstances have attended the cases of Countries severally. In the first beginnings of these several sorts of Societies, men have been always of greater innocency, more simple manners, and purer integrity; because emulations, and strifes, and with them all manner of corruptions and injuries, have arisen afterwards, when by men's coming nearer together, there hath been occasion of the acting and exercise of these things; and when by reason of the World's growing too little for them, propriety hath been introduced, and men have busied their heads and hearts about the attaining to it. Hence was feigned the first Golden Age of the World by the Poets, both Greek and Latin, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lib. 1. Metamo●ph. in princip. Hesiod, Ovid, and others; and afterwards its growing into Silver and Brass, and at last into Iron, and that quickly also. And the first of mankind have been famed by all for their greater innocency of life and manners. Vetustissimi mortalium, says Tacitus, Annal. 3. nullâ adhuc malâ libidine, sine probro, scelere, etc. agebant: That the first of men did lead their lives, having not yet been stirred up by evil lust, without infamous dishonesty, or wickedness. Epist. 90. And Seneca, Ignorantià rerum innocentes erant; That they were innocent, by the Ignorance of Evil; and the like: But than Laws, Wars, and such other things came in afterwards, together with men's nearer converses one with another; and their mutual contests for the Pleasures, Honours, and profits of this World; and their exercising all manner of evil acts and practices for the obtaining of these things. Of the first Age says the Tragedian; Seneca in Hippolito. Act. 2. — Nullus his Auri fuit Caecus Cupido, nullus in Campo sacer Divisit Agros arbiter populis lapis. Nondum secabant credulae pontum rates. Sua quisque norat Maria, etc. That there was to these no blind Desire of Gold, no sacred stone in the open Earth Did divide the fields, being an Arbiter to the people. The credulous ships did not yet cut th' Sea. Every one knew his own Seas— But than what follows? Rupere foedus impius lucri furor, Ibid. Et Ira praeceps; quaeque succensas agit Libido mentes; venit Imperii sitis Cruenta factus praeda majori minor. Pro jure vires esse— etc. They broke the league, the impious rage after gain, And Headlong Anger; and lust, which violently hurrieth on The Inflamed minds; the bloody thirst of Empire Arose, the lesser was made a prey to the greater. Strength was instead of Law— And the like Juvenal, Satyr. 6. Prima peregrinos obscaena Pecunia mores Intulit, & turpi fregerunt saecula luxu Divitiae Molles.— etc. Filthy money first of all brought in amongst men strange Manners, and soft riches broke the ages with Fowl Luxury— And Lucan, — Pereunt discrimine nullo Amissae leges, sed, pars vilissima rerum, Certamen movistis opes— The lost Laws perish, Without any difference. But, O ye most vile part of things, Riches, you moved the Contention— So that it hath been then upon these accounts, that passions, and all man manner of mischiefs following upon them, have always ordinarily come in amongst men. III. This then being the first state of men in the Cases mentioned, Whence the necessity of Laws, and Government. Gen. 6.1. and their primitive innocency; after their multiplying on the face of the Earth, and uniting into Societies (as the Scripture mentions) thus degenerating into all manner of naughtiness; from hence sprang the necessity of Laws, and Government. Factae sunt autem leges, says the Decretum, Parte prima, Distinct. quart. ut earum metu humana coerceatur Audacia, tutaque sit inter improbos innocentia: That Laws were made, that by the fear of them the boldness of men might be restrained, and that innocency might be safe amongst wicked men. And, Jura inventa metu injusti fateare necesse est: Horat. Serm. satire. 3. We must needs confess, that laws were found out for fear of injury. De Fast. 3. Ovid. And, Ind datae leges ne fortior omnia possit. That from hence sprang Laws that he that was strongest might not rule all. And, Horat. Serm. 1. ibid. Oppida caeperunt munire, & ponere leges; Nequis Fur esset, new Latro, new quis Adulter. Men began, after a little time in the world, to fortify Towns, and make Laws, That none should be a Thief, nor open Robber, nor an Adulterer. And because that these matters of Lust, quarrels, etc. have been generally common to all Ages of men; and also that the ways of Wars, Laws, etc. for the ending and restraining of them by consent, have been alike common; Therefore it is, that the Civil-Law asserts them to be of the Law of Nations. L. Ex hoc Jur. D. De justit. & jure. Ex hoc jure gentium, says Hermogenes, introducta sunt bella, discretae gentes, regna condita, dominia distincta, agris termini positi, aedificia collata, commercia, emptiones, venditiones, locationes, conductiones, obligationes institutae: That from this Law of Nations it was, that wars were first brought in amongst men, That Nations were divided, Empires were set up, Dominions were distinguished, Bounds were set to Fields, Houses built, Intercourses of Merchandise, buy, sellings, let, hiring, and obligations were appointed. And, In Institut. Tit. De jure naturali, etc. lib. 1. jus autem gentium, says Justinian, omni humano generi commune est: Nam, usu exigente, & humanis necessitatibus, gentes humanae Jura quaedam sibi constituerunt. Bella etenim orta sunt, & captivitates secutae, etc. That the Law of nations is common to all mankind: For, Custom, and humane necessities requiring it, the Nations of men did constitute certain Laws for themselves: For wars arose, and Captivities followed. And thus then, by the general consent of men, is still evident the springing of Laws and Government thus from humane necessities. The ways by which men have arrived at Government. iv The ways by which men have arrived at Empire, or Government over Societies, are many. And indeed as many as the ways have been, by which they have united into Societies, according to the circumstances of their several Cases, already pointed at in the mention of those other things (viz.) Adam the first man was Created Monarch of the World, by the voice of Nature, and of God himself from Heaven, bestowing it upon him: By the voice of Nature, as he was the Father of all those that sprang from him; and by the voice of God, as it is mentioned in the Scripture, Gen. 1.28. So Cain also, as the Elder, had the rule over his younger Brother, in express Terms, bestowed upon him, Gen. 4.7. And so Noah, after his coming out of the Ark, retained the same power that Adam had. And it is a Currant Tradition, See Maimon●des, and the Rabbins; and the Commentators on these places of Genesis. (viz.) Ainsworth, & Selden's Mare Clausum. lib. 1. cap. 4. Bodin. de repub. lib. 2. cap. 2. and Sir Robert Filmer's Observations on Grotius p. 32, etc. Polit. lib. 1. cap. 8. De Repub. lib. 1. cap. 4. both amongst the Hebrews, and the generality of Christians, both Divines and Politicians, that these were both Kings and Priests in their own Families: And that Cain and Abel brought their Sacrifices to Adam their Father, to offer for them, etc. And that this Power of Government was lodged in the several heads of Families afterwards; as there is no doubt but it was, so far forth as there was regular proceeding amongst them, because it belonged to them thus by the Law of Nature. And from hence, it may be well concluded, was derived the power of life and death, which was conceded to Parents over their children, in the same manner, as Kings had it over their Subjects in their more public affairs. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says Aristotle, That the power of Parents over their children was like that of Kings over their subjects. And, Fallit Justinianus Augustus, says Bodin, That the Emperor Justinian was out, in his asserting, that no other Nations had so much power over their children, as the Romans had, by their Civil Law conferring it upon them; as is to be seen in the body of it, and partly in the reputed Fragments of the twelve Tables yet remaining: Thus then as to Moses his History. Vid. Fragment, Duod, Tabular. L. sipater silium, etc. Polit. lib. 3. cap. 11. And it doth not appear from any humane Records, That there was any Government but by Kings in the World, till it was almost three thousand years old. Prisci Homines, says Aristotle, sub Regibus vivebant; That the ancient of men did live under the rule of Kings. And, Principio rerum, Gentium, justin. lib. 1. in princip. In Theseo. Plutarch. Strabon, etc. Nationumque Imperium penes Reges erat, says the Historian; That in the beginning of humane affairs, of Countries, and Nations, the Dominion over them was in the hand of Kings. And Plutarch affirms, that the first that gave over Regal Power, and framed a Popular State, was Theseus: And he quotes Aristotle, as of the same mind. And Theseus flourished about the year of the World, Two thousand seven hundred and twenty. Others date a popular State in Greece from others afterwards. But it is certain that all the first writings of the World, now extant, Homer, and others, sound only of Kings, the rightful Successors (it is to be supposed) a great many of them, of the dispersed heads of families, and all of them their partakers in the same kind of Government. As to profane Histories, and other writings of the Heathens, and the several kinds of causes of the changes and destructions of humane affairs, which I have mentioned, Hic Supra, Sect. 1. and besides what are mentioned in Scripture; the ways, by which men have arrived at Government in Countries, after desolations made by those causes of destruction, or otherwise, when, without such Calamities there hath happened a change in their Government, are ordinarily assigned in the like manner, by those who writ of these things. Some have supposed men to have come together Ex terra geniti, aut servati ex aliqua vastitate; being born from the earth, or having been saved out of some great desolation. So Aristotle; The like Herodotus, Polit. lib. 2. cap. 6. and others recite concerning the Egyptians, the fame of their springing from Nile; The Ethiopians, their being the first men form, by reason of the nearness of the Sun to them. And the like is said by Acosta, De natura No●: Orbis. Lib. 1. cap. 25. of the West-Indians, and their opinion concerning the original of Mankind: and so of other Nations. And, as to their Arrival at Government, some have arrived at it by the pure consent of others, subjecting themselves to them voluntarily; others by conquest; and some one way, some another, according to the divers circumstances attending their several cases, as hath been said. The Capital Distinction of Government amongst men. Lib. 1. c. 1. Sect. 1. Vid. Interdicti veneti Histor. l●b. 4. V The first and capital distinction then of Government amongst men is, according to the first division of their affairs above mentioned; and that is, by the two opposite members of Ecclesiastical, and Civil, in relation to Divine and Humane Affairs. It was the sum of the preface to the Venetians Writings, publicly countenanced against the Pope, in the year one thousand six hundred and six. Duplex à Deo, Oped: max: in mundo Regimen Justitutum: utrumque ab altero independens: unum Spirituale, Ministerii Ecclesiastici; alterum Temporale, Magistratûs Politici: That there was a twofold Government in the World, instituted by God; and either of those Governments independent from the other, viz. The one Spiritual, of the ministry Ecclesiastical; and the other Temporal, of the Political Magistrate. And therefore the reduction of all Laws is to one of these two sorts, L. Justitia, D. De justit. & jure. either Divine or Humane. Juris prudentia, says Ulpian, est Divinarum, atque humanarum rerum notitia; justi, atque injusti scientia: That skill in Law is the knowledge of Divine, and humane Affairs; Poloniae lib. 1. prop. fin. the science of what is Just and . And as Cromerus says of the Poles, that they are divided universally into the two states of Laics, and ecclesiastics; so in all other Countries, and in all former Ages there hath ever been the like division of men, where they have been members of Regular Societies. And both these forts of Government are again to be divided by disparates, Cap. 1. Sect. 9 either into such in the General, or in the Special, or in the Individual, as is above more generally mentioned. The distinctions of consent also given to Government. VI The distinction also of consent given to both these sorts of Governments, mentioned, is, that it is either Pure, as in purely voluntary Associations under one head; or mixed, as in Associations, to which men are principally moved by the sense of Convenience, or Necessity. And both these are again, as concurrent causes, either to the making, and constituting a Government; or else to the establishing one already in the possession of Government. And both these sorts of consent again are either personal; as every one that is sui juris giveth it for himself: or else obligatory of others; as in Parents obliging their Children, by their act of consent. And both these yet again are either only tacitly signified, as in acquiescence under Government (either of the sorts of it, but now mentioned) or else which men are further obliged to by some overt, Hic supra. §. 5. and apparent Acts; as in the case of their partaking more eminently in the benefits of Government, of Subscriptions, Church and State Oaths given in, and taken by them, and the like things common amongst men. And that men are obliged to consent and submit to Government, both in the general, and in the special, or any of the lawful sorts of it; and also in the particular, or individual; it is both from the Law of Nature, which dictates such their consent and submission to be yielded by them; and also from the express Divine Law, which commands it from God. And as it is thus concerning Government in the State, so also it is concerning Government in the Church, in any Society; That men, either entering into, or else being already in the Society of any Christian Church, are obliged to consent to the lawful Government of it, in these ways mentioned. And they do also farther oblige themselves to consent, and submit to it, more specially, and expressly by their particular Acts of receiving Baptism in such a Church, partaking in Church Privileges, by Subscriptions, Church-Oathes, and the like. And the like is to be said every way concerning the State, in its capacity, in relation also to these things, in their several respects, which they bear to it; and as to their obliging men to acquiess under the Government of it. And last of all, that consent once given in all these sorts, and respects of it, doth oblige men to yield their submission and obedience due to Governors, and Government by it; it is remarkably evident from the dictate of the Law of Nature. For, where right accrues necessarily to another (as in this case it doth to Government) by a man's own voluntary Act; That Act being once passed, a man cannot reverse, or revoke that right due by it again. And the obligation induced upon men by consent, in the general, all laws have ever Asserted: and both in the Canon and Civil Law there is no appeal granted from Arbiters chosen by the parties Litigant: And the Doctors of both Laws do constantly adjust the same things. Ab arbitris appellatio permissa regulariter non est, That from Arbiters there is no appeal permitted Regularly, Variar. Reso. lut. lib. 2. cap. 12. num. 3. The present lawful Government is from God, proved in the general, and concerning the Church Government in particular. Cap. 2. Sect. 2. says Covarruvias: and so others. VII. The present lawful Government, both Civil and Ecclesiastical, in any Society, is the Ordinance and appointment of God: For so saith the Scripture, The Powers that be, are ordained of God, Rom. 13.1. And the Governors derive their Power also, or right of Governing, immediately from God; for there is none else hath it to bestow upon them but he; as the Omnipotent Creator, primarily; and as the Supreme Governor of the world, secondarily, as was said above concerning Religion. And so saith the Scripture also, That therefore the Civil Magistrate in the exercise of his power, is the Vicegerent, or immediate Minister of God, Rom. 13.4. Concerning the Civil Government; I shall prove its being from God more at large anon. Concerning the Ecclesiastical, and the power proper to the Church Governors in a Christian Church, Infra hic. §. 15. I shall evidence it here, and that from the Divine Law of Christ. So Matth. 28.18, 19, 20. at his first giving them their Commission; All power is given unto me in Heaven, and in Earth: go ye therefore, etc. So St. Paul, Heb. 5.4. And no man taketh this Honour to himself, but he that is called of God, as was Aaron. And Eph. 1.20, 21, 22, 23. with Eph. 4.8, and 11. And he gave some Apostles, some Prophets, some Evangelists, some Pastors and Teachers, for the perfecting of the Saints, etc. And the like other Texts might be mentioned. Hence in the Law of Moses, God himself gave particular Order for the Admission, and Consecration, and anointing of Aaron and his Sons to their Priestly Office. And the Heathens derived the power of their Priests from their Gods. Legib. Dial. 6. And Plato in his Laws would have the Creation of them determined by Lots; That so it might be committed to God, to take whom he should please, by the disposal of them: The very same thing which the Apostles of Christ did, Acts 1.26. in the case of Mathias, in the New-Testament. So also in the New-Testament, the Bishops of the Seven Churches of Asia are called the Angels of those Churches: And the ordinary Ministers in the discharge of their Function, are every where called the Ministers and Messengers of Christ. And therefore it is the universally approved assertion of the Law Canon, and Schools, Praelationem esse à Deo, That Prelacy is from God; and that for this Reason, says the Canon Law, The Ecclesiastical Censures, rightly executed by Churchmen, are of the same efficacy, and as much to be regarded, as if they were executed immediately by Christ himself. So the Decretum, Decret. pars secunda, Causa 11: Quaest. 3. nemo contemnat, etc. Nemo contemnat Ecclesiastica vincula: Non enim homo est, qui ligat, sed Christus, qui hanc potestatem dedit, & Dominus fecit hominis tanti honoris. Let none contemn the bands of the Church; for it is not man that binds, but Christ, who hath given this Power, and the Lord hath made men to be of so great honour. And so also Aquinas, Prima Quaest. 96. In secundum sentent. Lib. 2. distinct. 44. Quaest. 2. Prelatio omnis est à deo, That all Prelacy is from God. And Durand, Prelatio est in hominibus ex ordinatione divinâ, That Prelacy, in men, is from the Divine appointment and Ordination. And it is the common vote of the Papal Canonists, That Summus Pontifex est supra omnes gradus, and Constitutus solo à Deo: That the Chief Prelate (the Pope) is above all Orders, and constituted by God alone. Practicar. Quaest. lib. cap. 1. n. 2. §. 4. And Potestas Ecclesiastica, says Covarruvias, in hoc a Civili differt; quod ea non est immediate penes totam Rempub:, sed fuit ab ipso Deo, Jesus, Petro ut Principi, et Apostolis caeteris, eorumque successoribus concessa: That the Power Ecclesiastical differs in this from the Civil (viz.) in it's not being immediately in the hands of the body of the People, to bestow; But it was granted from God himself, Jesus, to Peter, and the rest of the Apostles, and to their Successors. But I speak not these things to countenance what is meant by them, by these men; but only so far forth as they make in the general, to my present purpose. VIII. In the controversy, The two constitutive causes assigned, from whence the Civil Power is derived, in the controversy concerning it concerning the original of Civil Government, there are two constitutive and principal efficient causes of the Civil Power assigned. The one is God, and his immediate donation of it. The other is the People, and their Authoritative donation of it: And both are alleged. And because that this Principle of the authoritative donation of the people, in this case; is directly opposite to the immediate donation of God; and that also there are many dangerous consequences, and such as are destructive to the very constitution of an Ecclesiastical Uniformity in particular, and the Laws of it (and particularly the right of Rising in Arms) which are derived from this authoritative donation of the people mentioned; therefore also I will here farther state the Case concerning both these matters. IX. The state of the case then concerning the derivation of the power of Government from the people, is thus; The state of the Question concerning the derivation of it from the people. 1. A Primitive liberty of all men by nature, is laid down as the Ground and Foundation of it. 2. The people, by their consent given, are said to confer the power of Civil Government over them on their Governors. 3. The Governor set up by them, is stated, not as a Proprietary, but only as the people's Usufructuary, and Tenant at Will, in the mean time, in his Government. 4. The power of Government is said to remain fundamentally (as they call it) all the while in the people; and only the exercise of it, for the present, to belong to the Governor. 5. The consequence derived from hence, is, that the people therefore may resume it in case of Maladministration, and reduce all things again to the state of Nature (as they call it) till another is set up. 6. That they may use the means, and exercise the right of Resisting, rising in Arms, etc. for the deposing the Prince guilty of such Maladministration, if occasion be. 7. And Lastly, All this is said to be appointed by God and Nature, for these ends (viz.) The welfare of Religion, and the safety of Humane Society from Tyranny. These than are the things that in our derivation of the Magistrates Power immediately and authoritatively, in a special manner (and not only by the concurrence of his general Providence, as our opponents say) from God, come first to be examined. X. First then, The principle of Natural Freedom refuted. the principle of Universal Natural freedom is derived by our opponents, in this matter, as the Law of Nature, from two Fountains or Spring-heads of things. 1. First from the Civil Law. 2. From the writings of the Heathens, both Greeks and Romans, extant in the several Ages together with it. For this is observable, in this matter, that although the writings of later times, asserting this Principle, are the writings of Christians; yet there is little or no mention at all made of Scripture concerning it. 1. Then for the Civil Law: There are several distinctions of liberty given, and made use of, both by the Civilians, Philosophers, Poets, Orators, Historians, Politicians, and others. Libertas est, vel Philosophica; that is, that of the mind: vel Civilis; that is, of Citizens in their City, or Society: vel Naturalis; that is, that of Birds and Beasts, when they are in their Natural Laxity and freedom from us, says a) De verborum signific. lib. 10 verbo Libertatem. Brissonius, Johannes b) In Lexicon. Juridico. verb. Libertas. C.L. 44, 45. D. De Adquirrend. Dom. L. 3. §. Item feras. D. de ●quir. poss §. Ferae. in fi. Justit. de divisio. rer. D. L. Manumissiones. D. de Justit. ●● Jure. E. L. Libertas. D. de statu hominum. Calvinus the Civilian, the Civil Law (c) Text itself, and other expositors of the terms of it. And the like other distinctions, and subdistinctions of it are given, and made use of by these several sorts of writers. But the Natural Liberty meant here, is that that is applied to men. So, pote cum, Jure Naturali, omnes homines liberi nascerentur; Seeing all men by the Law of Nature, were born free, says (d) Ulpian. And after him, Florentinus; Libertas est naturalis facultas ejus quod cuique fatere libet; nisi quod vi, aut jure prohibetur: That Liberty is the natural faculty of doing that which every one lists, unless so far forth as he is prohibited either by Law or Force. And f) D. de Diversis Reg Juris. Quod attinet ad ad jus . Ulpian again, Quod ad jus naturale attinet, omnes homines aequales sunt: So far forth as concerns the Law Natural, all men are equal. And last of all g) Vid. Instit. Lib. 1. Tit. de Just. & Jure. &, de Jure personarum. Et, de Ingenius. Et, de iis, qui sui, vel alieni juris sunt. Et, de Patria potestat, etc. Justinian, in his Institutions, consonantly to these things, here and there in the divers titles of them. Thus the Law-Texts themselves, and the Doctors generally, (and which is to be so much admired at in them being Christian) make no great exceptions to these things; But some more expressly, rather assent to them: So the h) Vid. in L. Manumiss. de Justit. & jure. Glosses. Sed verius est, ut hodie nascantur servi; cum in hâc parte derogaverit Juri Naturali jus . But it is more true, that some at this day are born Servants, seeing that in this matter, the Civil Law hath derogated from the Law Natural. And the like on the other Texts of the Pandects and Institutions mentioned. In the like strain run Bartolus and Baldus, and the several following Commentators on the Glosses, and Correctors of them generally, Contius, Cicacius, and others. And the terms of Natural Liberty, are frequent in the writings of the Civilians. What then is in this matter to be answered to so Great Authorities? Truly the first Commandment of the Law of Moses, will not suffer them to pass for current. And which, because it is Divine, and their Authorities are only Humane, it is necessarily to be preferred before them. And then, if that Precept constitute the subjection of Children to Parents to be Natural; How will any such thing as Universal Original Equality, and consequent Natural Liberty follow? Cras respondendum est; This is not presently to be Answered: In the interim, have not all the Hebrew Rabbins, and the Christian Divines, ever accounted the fifth precept of Moses to be constitutive of such Natural subjection? And therefore it is, that there is no mention of any such thing as Natural Liberty, or the Power of Magistracy expressly from the people in Scripture. And Grotius, and other Christian Civilians, who proceed upon this principle of Natural Freedom, and yet own the subjection of Children to Parents to be Natural, are to see to it, how they will consist with themselves. Communis rerum usus naturalis fuit; And, De Jure Belli, & par. in Prolegom. Ibid, Lib. 2. Cap 2. Sect. 2. Lib. 1. Cap. 1. Sect. 10. hinc factum, ut statim quisque hominum, ad suos usus arripere posset, quod vellet. And, Dominium, quale nunc est in usu, voluntas humana introduxit; and the like says Grotius: That the common use of things was Natural; that from hence it came to pass, that presently, every one might snatch away from another whatsoever he had a mind to. And, that kind of Dominion, which is now in use, the will of man hath introduced. And yet, Ibid. Lib. 2. Cap. 5. Sect. 1. De Imperio sum. pot. circa sacra. Cap. 1. De Jure Belli. in Prolegom. Generatione Parentibus jus acquiritur in liberos; says he; That by Natural Generation there accrues a right to Parents over their Children. And Paternum imperium est naturale, & antiquissimum: That the dominion of Fathers is Natural, and the most ancient: and the like. What is the meaning of these contradictions de eodem subjecto? If there accrue a right of dominion to Parents over Children, by generation, then 'tis not by the Civil Law: And, if not by the Civil Law, then where is the Natural Freedom of Mankind? And Grotius himself confesseth also, That the Civil Law doth not always distinguish aright, betwixt the Laws of Nature, and Nations, and the Civil Laws of Countries. And the body of it compiled by Justinian, may better consist, in all the titles of it, without the principle of Natural Freedom. In the distinction of Children, into those by Nature, and those by Adoption; It a) F. Si tabulae testamenti nullae extabunt. Et unde liber. L. 1 Et F. eodem. L. Liberi & L. Scripto haerede Et F. de gradibus, & affinitatibus, & nominibus eorum. L. Si filium, & L. Jurisconcultus. prefers those by Natural Generation before the others; and it asserts Generation to be a part of the b) L. Hujus studii. D. de Justit. & jure. ¶ Jus naturalé est. Law of Nature: and that the voices of Nature would have the natural children to be first of all admitted to Inheritances, and the like. And why there should not be a subjection and obedience due from children to parents, upon the account of Natural Generation, as well as such a respect from the Parents in preferring the Children, there is no sound Reason can be rendered. The like also is the Case in the assignation of the degrees of c) Vid. D. de Grad. & affinit. & C. L. Si quis de Epicopis, & oler. Et L. eum. Et L. Deo nobis auxilium, etc. Comparat. cum secoto, declarat Arboris affinitatis, etc. affinity, in both Laws: And the next of the Kin are first in order recited. Consonantly to these things also have the wise Heathens delivered in their writings. So Aristotle, e) Polit. Lib. 1. Cap. 8. Nam qui procreavit, & amicitiae, & aetatis jure imperium obtinet: That, He which hath begotten, both by the ●ight of his natural affection to his Children, and also of his Age, d) Hic Supra. §. 4. above that of theirs, obtains the dominion over them. And Plato gives strict command for the honouring of Parents, both in words and deeds; And g) Ibid. says, The first, and greatest, f) De legibus: Dialog. 4. and most ancient Honour is due to them. And, says he, Quod de cultu Deorum ignorare non oportet, id recte dictum ad honorandos parentes proaemiorum erit: h) Ibid. Dial. 11. That there is one thing concerning the worship of the Gods, which we ought not be ignorant of; That, that which is rightly said for the honouring of Parents, aught to be one of the first things to be heeded. Moses himself could have said no more. And the great Apostle of the Gentiles delivers the very same thing, Eph. 6.2. That Moses his fifth Commandment is the first Commandment with promise. The Laws of all Princes, in their particular Countries, have ever established the same thing. Let the Laws of Charlemagne, and others, be consulted. 'Tis true, if men will proceed upon the principle of the Heathens mentioned, Hic supra ● Sect. 4. of, Homines ê terrâ geniti, etc. Of men's having been born from the earth; then an original equity, and their having, at first, subjected themselves by pure consent may be derived from it: but not so, by any means, from the opposite principle of Adam's Creation: So that thus we see then, the Law of Nature, and the consent of men, by stating such a subjection of children to parents, removes totally this principle of primitive Natural freedom. The Law and dictate of Nature is twofold; (both of them delivered by Ulpian, F. De Just. & jur. L. Hujus studuii. Jus naturale. Summae Aur. in Proaem. N. 6. but not enough distinguished:) 1. That of the sensitive, common to Men with Beasts. 2. That of the rational, proper only to Men. And so Hostiensis, Tempore ante Legem Mosai cam fuere tres Leges, (scil.) naturalis communis; item naturalis rationalis, quae nihil aliud videtur quam naturalis ratio; item jus gentium: That, in the time before the giving of the Mosaical Law, there were three Laws, (viz.) the common natural; also the rational natural, which is nothing else but natural reason; and also the law of nations. And, as both the sensitive and rational natures do dictate to parents the love of their offspring (the sensitive because of their similitude of humours (which is the common foundation of all natural affection) and because they sprang from them, and the like; and the rational because of their hopes of them, and that they will be a defence to them hereafter in the world, and the like) so who will deny, since the parents are those the children sprang from, and since they are a part of their Families, and most properly under their Tutorage, in their minority; and since they own their life, and all to them; but that both these Laws, upon these, and the like accounts, oblige the children also to subjection, and the return of obedience to their parents. So then, if there were no primitive natural liberty and equality of men (as I have evidenced from these things) then neither is there any such liberty and equality as is asserted by our opponents in this particular of this Question, belonging naturally to their succeeding Generations, and in their several Ages in which they chance to live under any Government. 2. The Great Authorities of the Civil Law, and Doctors, being thus confronted; The next, from whence this principle is derived, is the writings of the Heathens, the Greek and Roman Poets, Orators, Historians, Politicians, and the like. And as to their writings, the notion of natural liberty is very illy and unskilfully, by our adversaries, derived from them. For first, the notion is only proper to the Civil Law, and Civilians, and so owned to be by themselves. Let the Cardinal Brisson, and other Civil Law Dictionaries be looked into, and they call it their sort of liberty, and distinguish it from the sorts of liberty defined generally by all other sorts of Writers: Sed nunc videamus ad nostram libertatem; But now let us return to our kind of liberty, says Brissonius, after his recital of Cicero's and others definitions of it: and so other Dictionaries. De verborum signific. Lib. 10. Verbo libertatem. And if we will look also into the writings of these others, we shall find the term Liberty made use of in the several senses of those distinctions, and subdistinctions, which we have above mentioned, Hic supra, in hâc Sect. in Princip. and in which we have applied it to men. But these definitions touch not any thing upon this of Natural Liberty, given by the Civilians in the mean time. Let Aristotle be first consulted: Polit. Lib. 6. Cap. 2. & Lib. 5. Cap. 9 Et de Repub. Lib. 6. Cap. 1. Ibid. And it is defined by him, in the general, and as it belongs to every private and particular man, to be, Potestatem vivendi ut velis, A power of living at our own pleasure; and he says, that that was commonly held to be the property of Liberty; Hoc enim Libertatis aiunt esse proprium, sic vivere ut velis: So to live at our Pleasure. Amongst the Romans the very same definition also is given of it by Cicero. Libertas, Paradon. 5. Offic. 1. says he, est potestas vivendi ut velis; That Liberty is a power of living as we will. And, cujus proprium est sic vivere ut velis: The property of which is so to live as thou wilt. But here is not a word of the derivation of it from any right of Nature in the mean time. Let us proceed to the consideration of the term used by these men, as it imports a Civil Liberty, and relates to men as members of a Society, and with respect to the public; and so, sometimes they call it the people's Liberty, when they had the supreme Sovereignty, as it was in some ages both of the Greeks and Roman States: So Aristotle, in the place but now cited, and others. Sometime again it is termed the Civil Liberty of the people, under another subdistinction of it; when one of their own Country, and who was their Natural Prince, Ruled over them. So Herodotus, before Aristotle, In Cli●, in princip. says, That all the Greeks were free, before Croesus' his Conquest of them: But he means only, that they were free from the Rule of of Strangers. Other notions of Liberty, found in the writings of these Learned men, might be mentioned. And because they have termed it Liberty in an eminent sense, in countenance of the Greek, and Roman Democracies, and where the people have had the Supremacy; therefore some men have supposed them, by that assertion, and other say of theirs, to have countenanced their darling notion of Natural Liberty. Finally, the sum of all is this; That, wheresoever any thing may be found, or supposed to be found in them, which may any ways countenance this notion, Pessum dandum est, it is not to be suffered to stand in Competition with the Authority of Moses, and of right Reason assenting to it. The other Propositions concerning the Power of Magistracy fundamentally in the People, etc. in the State of the Question, considered. XI. This Principle then of Natural freedom being thus refuted; The other Propositions concerning the people's conferring Power on Governors, and the like derived from it, in the State of this Question, follow to be considered: and that as to their being derived from the two Spring-heads of things mentioned also, and concerning any such Power Fundamental in the people, to be conferred Authoritatively on Governors, and the other following conclusions which are above recited; we find no such thing as any of these are, derived from the Principle of Natural freedom mentioned, neither in the Civil Law, nor the Greek and Roman Writers, extant either before any part of it, or at any time contemporary with it. For the Civil Law, I shall have occasion to make farther mention of it anon; for the Heathen Authors, they constantly derived the power of Princes from God, Hic infra. Sect. 19 and place them as inferior only to him; and make no such mention of the People, as is cried up by our opponents in this business. So Homer, the most Ancient Greek Poet; what more usual with him in his writings, than the Epithets of— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Odies. 4. p. 95. and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and the like? Ibid. p. 85. Iliad. 2. p. 63. So in his Iliads, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉— But the Anger of a King, the offspring of Jupiter, is great; And his honour, is from Jupiter— Ibid. lib. 1. So again— 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉— — And those who, defend The Laws, from Jupiter— Ibid. And again, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; The Scepter-bearing king, and to whom Jove hath given his honour. In Trag. Arg. Supplicibus. So also Aeschylus brings in the people speaking to their King, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Thou art the whole City, and the whole People, Being a Governor, not responsible to any Tribunal. And the like Aristotle. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: That a King according to Law is no kind of Government at all. And he is very unskilful in the Ancient Heathen writings, who knows not, that the constant notion of a King in them, is as of one that is the supreme in his Dominions, and subject to none on Earth. Let us proceed to the Latins; and amongst them Horace, Regum timendorum in proprios greges, Carmin. lib. 3. Ode. 1. Reges in ipsos imperium est Jovis. The Dominion of Kings is over their own people; But that of Jupiter is over Kings themselves. And the like Juvenal; Nihil est quod credere de se satire. 4. Non possit, cum laudatur, Diis aequae potestas. There is nothing, which the Power, equal to the Gods, Cannot believe concerning itself, when it is commended. And Seneca; Vbicunque tantum honesta dominanti licent, Thyeste, Actu 200. Precario Regantur— Wheresoever honest things only are lawful to him that Rules, There the rule is Precarious— So that thus they ordinarily of these things. And where they speak otherwise, either it is in the Person of another, or else it is concerning the People's Offices only, where the people had the Supremacy, and the like; or else there is a very great distraction and confusion in their Writings, concerning these things. Neither will any man be able to justify the Principles and Conclusions mentioned upon any other grounds from them; and however they are but Humane Authorities. XII. Having examined then these Propositions from the Causes of them, let us do the like also from their effects. The state of the Question on the People's part considered also from its effects. Of which the first is this: 1. That our Antagonists render it utterly impossible for a Governor to have right and power conferred upon him: for if but one in a whole Society either dissent, or else do not give his consent (all throughout the several Generations of the World continuing naturally alike free from their Birth, and till consent given to any Government, as is asserted) he is a Governor injuriously even to that one, and not by right. But Infants are not capable of exercising any Acts of Reason; and so not of giving their consent in this Case: and it is a Rule in the Canon-Law, Scienti, & Consentienti non fit injuria, neque dolus, That to one conscious, and consenting to a thing, there is no injury done, nor deceit: And then the contrary also is a Rule. And, Quod omnes tangit, Sexti Lib. 5. Reg. jur. 27. Ibid Reg 20. debet ab omnibus approbari; That which concerns all, aught to be approved of by all: and the like. If it be said here, that the Acts of Parents bind their Children (which is true in this matter, as was said above in the distinctions of Consent) This ruins the whole cause, and stumbles upon the true Original of Government, Hic Supra Sect. 6▪ See the Anarthy of limited and mixed Monarchy. pag. 8, 9, 10, 11, etc. said to be Sr. Robert filmer's. Hic supra, Sect. 10, in princip: Pro populo Anglicano, cap. 2. says the reputed Sr Robert Filmer: So that there is no evading the dilemma in this business. 2. In the putting the power of Government into the people's hands, they proceed without any warrant from Scripture: Little or no mention at all is made of it, as I noted but now. Mr. Milton in his intemperate discourse against Salmatius, produceth one Text for it, and but that one: and that is Deut. 17.14. When thou art come into the Land, which the Lord thy God giveth thee; and shalt say, I will set a King over me, like as all the Nations about me:— And one would think he might have answered himself from the very next verse, that is, vers. the 15. Thou shalt in any wise set him King over thee, whom the Lord thy God shall choose (i. e.) God shall have the authoritative, and original designation and appointment of the person, whom he will invest with that power; and thou shalt consent to him, and own him by all the inferior Acts which belong to the people in Constituting him in his kingdom; as it was in the case of Saul, David, Solomon, etc. The people brought gifts, Cried, See Ainsworth, Diodati etc. in loc. God save the King, and the like; but God himself sent his Prophets to Anoint them, and invest them with their Power. The like answer is to be given to that of St. Peter, 1 Pet. 2.13. Submit yourselves to every ordinance of man; but than it is for the Lords sake, who invested them with their Power. And, according to this Tenor, runs the whole strain of the Scriptures, as will be instanced in further anon. 3. In stating Princes to be only Usufructuaries, they make the people to be Supreme (viz.) by their supreme Power of Taxing Princes continually, and calling them to an account for their Actions, and the like. For Majestas est summa in Cives, ac subditos, legibusque soluta potestas, De Repub. lib. 1. cap. 8. in. princip. says Bodin; That Majesty is the Supreme Power over the Citizens, and Subjects, and that which is at liberty from the Laws. And 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etc. They which are like to Kings, do put a period to affairs, De legib. Dial. 6. circa Med: says Plato: And so all other Politicians, in stating the Supreme Power; as necessarily they must. So that the People then, in this case mentioned, are the Supreme, and have the absolute Power, and Princes are only their Subjects in the mean time; and in so stating them, many Scriptures are contradicted; Such as that of St. Peter just now mentioned, 1 Pet. 2.13. Submit yourselves to every Ordinance of man, for the Lords sake; whether to the King as Supreme. And Princes are called Supreme there, both in opposition to the Inferior Magistrates; which, some say, are to be the People's Instruments in the calling Princes to an account; and also to the whole People, who are said thus to Authorise them. Such also is that in the Old Testament, Dan. 2.37, 38. Thou O King, Thou art this Head of Gold. Such also is that of Solomon, Eccl. 8.2, 3. I counsel thee to keep the King's Commandment, for he doth whatsoever pleaseth him: And Vers. 4. Where the word of a King is, there is Power; and who may say unto him, what dost thou? And this latter Text is the Text scaled at, as the Fort Royal for the uncontroulableness of Sovereign Princes. Some give the weak answer to it, of its being spoken only of the Kings of Israel; such as Solomon was, who spoke it: Not considering their justifying the examples, as such, of the people of Israel, their sometimes Rising against those their Sovereigns, in the mean time. Others affirm it to be meant only of the just and lawful exercise of a Prince's Power; and not in the case of Male administration. Pro Pop. Ang. lic. Cap. 2. Milton particularly, That it is a precept delivered only to private men, and not to subordinate Magistrates, or the Representative of the people; whom he, and others make to be the people, by Interpretation in this case: But any of, these things will not salve this Text. And, the truth is, that grant they but these two things, which also are denied to it by none: 1. That it is but at all assertive; And, 2. But of any just Power in Kings whatsoever; and then the terms of it are too large to intimate in themselves any such limitation, as is made to it; or otherwise to admit of it, unless there were a necessity from some more cogent contrary Text of Scripture. And if the opponents part could produce but the like evident and numerous Texts, to those that are produced against them, there would be more credit given to their cause. 4. In stating it lawful to exercise the Right, and to use the means of Resisting, Rising in Arms, and the like, for the calling Princes to account. 1. They render it impossible for any Government to stand. 2. They contradict other the like most evident Texts of Scripture, which condemn it. 1. Impossible for any Government to stand; that is, the Corruptions, and Lusts of men being considered, and so taking an object, as a Crown, and a Kingdom, being proposed to the eye of covetous, ambitious men. For who shall be judge in this case, of a Princes male administrations? And these things being taken into consideration, it must needs be acknowledged, that there will never want pretences for Rising, till in the end there be neither Government, nor Humane Society. And it is but merely Lusory, and spoken to no purpose in this matter, what Grotius and others of our adversaries say, thinking by it to provide for the conservation of the Authority, and the safety of Governors; That, Standum est promissis; and, that consent once given to them, doth oblige to obedience, and submission, and cannot be retracted. Alas, What is this, since in the mean time they allow so many starting holes, to the lusts of men, for retraction, by making the consent in this case not to oblige generally, and by conceding it to such variety of persons, and in such variety of cases, to have the right of freedom from the obligation induced on them by such consent, and to be left at liberty to Rise against Princes? Junius Brutus, In vindiciis contra Tyrannos, Quaest. 2. post princip. Et vid. Poraeum in Rom. 13. Explicat. dab. de pot. civ. prop. 2. De Jure Belli. Lib 1. Cap. 2. Sect. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 1 Pet. 2.14. and others, put the power of Rising into the hands of the inferior Magistrate, for the prevention of Tumults, by the disorderly (as they call it) Rising of the People. To this Grotius, (with a censure of such men's too much serving the times and places wherein they lived, who have written such things) answers; That the inferior Magistrates, are in relation to the Supreme, but as subjects, and private persons, and those that are sent by him, as the Scripture saith; although in relation to private persons, they are Magistrates. Others concede this power even to any private persons, who have Valour and Power enough in their hands for the Leading of the Multitude in their Insurrection. Others say, they Rise not against the Authority, but against the Person of the Prince: But the Person of the Prince is necessary to the support of his Authority; and his Authority renders his Person Sacred. Others say, there ought not to be any Rising at all, but in cases of extremity. Concedimus rectorem non facile mutandum: We grant that the Governor is not easily to be changed, Pro Pop. Anglic. Cap. 6. In Epit. in 4tum Decretal. Part. 2dae. Cap. 3. Sect. 4. N. 6. In vindic. contra Tyrant. Quaest. 2. Adversus Monar●htam. Lib. 3 Cap. 8. De Jure Belli. Lib. 1. Cap. 4. Ibid. Lib. 2. Cap. 2. Sect. 2. & Alibi. Et Lib. 1. Cap. 4. Sect. 7. & Alibi. says the late Milton (the very words of Covarruvias, and the other Papal Canonist.) And Omnia prius tentanda; That all other things are first to be tried, says Junius Brutus, and the like, the others of them, that consider the many hazards in the change of a Governor. Others concede a Rising, with certain more particular limitations. Barclay also in the case of extreme Tyranny, and in defence only. Grotius upon supposition that the Public Weal receive no damage by it, and that the Person and Life of the Prince be spared. And he makes frequent use of that Rule, In omnibus legibus humanis summa necessitas videtur excepta: That extreme necessity seems to be excepted in in all Humane Laws. Yet that is to be understood, only where the taking the liberty of the exception, will either outweigh, or at least recompense the evil accrueing by the deviating from the Rule. But we leave all this to the consideration of any versed in Histories of Times, and Humane Affairs; whether any of these things do enough attend to the Lusts and Corruptions of men, the giddiness of the Multitude, and the licentiousness of popular insurrections; all which do not use to proceed by Logical Rules, and cases of Conscience, especially when so tempting a thing, as the Dominions and Crown of a Prince (as we have said) is lying open to the Conqueror. The Kingdoms of the World, and the Glory of them were the third and last essay made, Mat. 4.8. by the Great Tempter himself, upon the very Saviour of the World. Who then shall justify these allowances of Rising in these Cases against Princes? 2. They contradict plain Texts of Scripture in these things also; And they are such as command obedience generally, and submission to be yielded to Princes, and that in opposition to the resistance of them. Such are, Rom. 13.1. Let every soul be subject to the higher powers. And, 1 Pet. 2.13. Submit yourselves to every Ordinance of man. And, Rom. 13.2. Whosoever therefore resisteth the Power, resisteth the Ordinance of God: and Vers. 5. Wherefore ye must needs be subject, not only for wrath, but for conscience sake. And it is that First Commandment, (which I have above mentioned) concerning our Neighbour (and so much applauded by Plato, and others) in Moses his Tables, Exod. 20.12. Honour thy Father and thy Mother: See Tit. 3.1. 1 Tim. 2.1, 2. 1 Pet. 2.17 etc. De Jure Regni apud Scot prope fin. And the like other Texts might be mentioned. Frivolous are the exceptions then that are made to so evident Texts of Scripture. Buchanan, and some others, will venture to say, That the New Testament Texts against Rising were only Temporary, and intended for the Apostles, and Primitive times, till the Christian Church could get Power of Resistance into their hands. But the Primitive Christians never had such a Judgement of them, nor can it be thought that they durst imagine St. Paul so to prevaricate. And the terms of the Texts are, in the Letter of them, too general: and I do believe, will never be certainly nor safely limited, in favour of conceding resistance while the world stands. So others produce the Examples of the Guards Rising against Athaliah, ehud's killing Eglon, Jehu's killing Jesabel, and the like, to confront these Scriptures by. But these, and the like acts in Scripture, were either made use of on Usurpers (and so are but impertinently alleged) or else from extraordinary command, or impulse (and so not ordinarily imitable) or else down right impious (and so not imitable at all) or else at best are but dubious, and so not to be compared with such evident Texts to the contrary. And last of all, In Vindic. contra Tyrant. Quaest. 2. Junius Brutus draws a particular Argument, in the case of Religions being endangered by any Prince, from a Covenant made, says he, by the Jews with God, to continue in his True Religion: But the consequence is not good from a Covenant made with the Jew's Church to the like to be necessarily made with any one Church of the Gentiles, in any supposed case whatsoever. Neither, in case the Supreme Magistrate amongst the Jews should have turned to Idolatry, had there been any necessity from that Covenant, of the people's taking the way of Rising, for their opposing him in it, unless God had particularly prescribed it, because God could have prevented the Destruction of that Church, by many other ways evidently more commodious both for their Divine and Humane Affairs: as we see he did also in divers precedents, that might be given from the Scripture History: And the Jews, by the pretended Covenant made by them in the mean time, could not be obliged any further, on their part, then to the use of lawful means actively, and at last to passive obedience. Last of all, the principle of Rising in Arms, particularly in defence of the matters of Religion, and of and Ecclesiastical Uniformity refuted. Lib. 2. Cap. 5. & alibi. Lib. 2. Cap. 2. & alibi. XIII. But because this pretence of Rising in Arms in Defence of Religion, and particularly in opposition to the Laws of an Ecclesiastical Uniformity, in any State, doth use to be the most popular, so consequently the most dangerous to the Public of any lightly that is pitched upon by any Innovators, or Ringleaders of Sedition (and who will be made further mention of hereafter) in any State: and because that for the Popularities sake of this most specious, and prevalent pretence (the prevalency of which also with the Vulgar will be made further mention of hereafter) it doth use the most frequently to be pitched upon, and made use of for the serving the designs of the persons, and in the case mentioned. And, lastly, because also that it will be in vain that an Ecclesiastical Uniformity, and the Laws of it, in any State, should be constituted, if it shall be left free to men, by their Rising against Princes, to break all the bands of obedience both to those and other Laws, either purely at their pleasure, or else (which is in effect, and in this business much at one) when their divers impotent fancies and opinions in matters of Religion particularly, shall lead them to it: therefore we will here, in somewhat a more special manner, and before we pass farther, refute this Principle, and pretence mentioned; and that only by these three Arguments, briefly: 1. That the Public care of Religion is not (in Humane Societies) the proper and supreme charge of any private person (as shall be hereafter evidenced: Lib. 1. Cap. 5. ) and therefore he that shall undertake to make use of this extreme means of open Rising in Arms for the Public Safety, and Defence of it (besides the simple sinfulness of the means used) shall introduce himself into another man's Province, and meddle with that which is not required at his hands. If any man say here that he is bound to take the Magistrate upon him; What? in opposition to the Magistrate; and to the use of his Power and Faculties? This will meet with all the difficulties that have been already mentioned; and in the consideration of this case of Rising in the general. 2. The undoubted strain of the Christian Religion, particularly, is absolutely against this Principle, and pretence mentioned: (viz.) it appoints not propagation of Religion to be made by the sword. That is Mahomet's Law, In Alcoran. In Nomine Dei boni viri pugnent: In the Name of God let good men fight, says he, although not in the case mentioned neither. But the Law of Christ, on the contrary, and the main drift of it forbids to do evil, that good may come of it; Commands, by well doing, to put to silence the tongues of evil men; Presseth to humility and patience, and prayer, promiseth the third Heaven and Paradise to Martyrdom, and to such as take up their Cross, and follow their Master; nay, a more weighty, and immortal Crown, and an hundred fold recompense for suffering for Christ, and for righteousness sake; and in case of persecution, ubi Superiores, ob Religionem, mortem intentant Christianis, Christus fugam concedit; his scilicet, quos officii necessitudo nullo loco alligat; De Jure belli Lib. 1. Cap. 4. §. 7. ultra fugam nihil, says Grotius: That truly where the Superiors do threaten death to Christians, for the sake of Religion, Christ doth concede flight, (viz.) to those, whom obligation of duty doth not tie to any place, but beyond slight nothing. 3. And Lastly, As by all these things which in the state of this question, have been mentioned already at large on our opponents part (and whether they do derive the affirmation of them, either from the Divine Natural, or Divine positive Law; either immediately, or by consequence; and either as advising, or permitting them) So also by their asserting this principle in particular, they do eminently render Religion in the World inconsistent with Government. And whether this Principle, Hic infra Sect. 17, 18, etc. or the things mentioned be also for the good of all Humane Affairs, comparatively with their contraries belonging to the debate of this question, we shall examine anon. The proof of the affirmative part of the Quaestion, that the Magistrates power is from God. Practicar. Quaest. Lib. Cap. 1. N. 2: §. 1. Ibid. Ibid. XIV. Thus then for the negative part of the Question, that the Magistrates Power is not Authoritatively from the People. And it is but a very poor and feeble conclusion for so great a Doctor as Covarruvias, and others of the Canonists to make, That the Civil Jurisdiction is in the power of the People to bestow, and that from the nature of the thing, says Covarruvias, and the two Laws of Nature and Nations; because men, having the use of their ordinary light of nature in any Society, do easily perceive that a Governor is necessary for the conservation of that Society: As if it were not a great inconsequence, that because Nature dictates the necessity of some Governor over a Society, Ergo, Ibid. the people must needs have the Power and Act of Constituting him. And when he says afterwards, That, by the same natural light, they discern also that he can be constituted by none other, and not by God; It is false, and a foul begging of the Question. Ibid. Of the like stamp is that also afterwards, That the Prince is not immediately constituted by God, and that it was by Divine positive Law, that God by his Prophet, constituted Saul, and the other Kings of Israel in their Kingdoms. This is to rob God of his Natural Right, and Power over Men, accrueing to him as Creator, and Universal Sovereign, Cap. 2. Sect. 2. and Cap. 3. Sect. 7. as I mentioned above in respect to matters of Religion. These things then being said, I proceed to the proof of the affirmative part of the Question; That the Magistrates Power is from God, and that more particularly (as I mentioned above) & only from two Topics, or places of Argument. XV. First, First from Scripture. than I will prove it from the whole current of Scripture; and that, first from the Old Testament, and secondly, from the New: But before I come to do this, here is one non-concluding Argument in this matter to be taxed; and that is, of those who barely from the nature of the Magistrates Power, affirm the derivation of it authoritatively, and immediately from God. And that because the Magistrate hath the power of Life and Death; which it is said, is not in the people's power to bestow; and that jus gladii must refer to God as the Author, etc. But the argument doth not conclude aright; and that because that wheresoever the giving up of men's lives may make more for the Glory of God, and the good of their neighbour, than the keeping of them doth; there, both by the Divine and Natural Laws, they have potentiam ordinariam, even, an ordinary power conceded to them of the doing of it: Nay, they are obliged and commanded to do it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Polit. Lib. 8. Gap. 1. N. 2. says Aristotle, That neither aught any Citizen to esteem himself to be his own man; but that all own themselves to their Country. And fear not them which kill the body, etc. saith our Saviour Christ himself, Mat. 10.28. and Luk. 8.35. For whosoever will save his life, shall lose it; but whosoever shall lose his life for my sake, and the Gospels, the same shall save it. Or else however, and supposing that this were not so; yet God might be supposed to have conceded to the people, in this fundamental & very extraordinary case, concerned in this matter, of the erecting of Humane Societies, Potentiam extraordinarium, a suitable extraordinary power of the disposing both every one of his own life, and all conjunctly of the lives of others; and that together with the general character pretended for their conferring the power of Government on Magistrates: So that there is then no absolute necessity, ex natura rei, and from the nature of the thing itself, only for the proceeding of this power in criminal and capital causes immediately from God. And the Divine Precept of non occides, will not, in the case mentioned, and by the exercise of such power in such causes meritorious, be violated by the Magistrate neither, in the mean time: But so much of this. We return to the evidencing the Magistrates Power to be from God, from Scripture, as was said. And that, 1. From the Old Testament, and the voice of the Divine Law amongst the Jews; for so it constantly, and plainly asserts. So, concerning the Supreme Civil Government in the general; God exercised his Right in bestowing a general Dominion upon Adam and Noah, by taking dominion away from the Kings of the Canaanites, etc. So Psal. 82.6. I have said ye are Gods. So Prov. 8.15, 16. By me Kings Reign, and Princes Decree Justice. By me Prince's Rule, and Nobles, even all the Judges of the Earth. And Dan. 2.21. He removeth Kings, and setteth up Kings. What can be more expressly said? So also in particular, concerning particular persons. So concerning Pharaoh, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Constitui te. a wicked King, Exod. 9.16. And in very deed for this cause have I raised thee up. So concerning Saul, 1 Sam. 15.11. It repenteth me that I have set up Saul to be King. And concerning David, 2 Sam. 12.7. Thus saith the Lord God of Israel, I anointed thee King over Israel. And concerning Jeroboam, in relation to Solomon, 1 Kin. 11.35. But I will take the Kingdom out of his Son's hands, and will give it unto thee: and vers. 37. And I will take thee etc. And so, lastly, concerning Nabuchadnezzar, Dan. 2.37. Thou, O King, art a King of Kings; for the God of Heaven hath given thee a kingdom, power, and strength, and glory. And the like many other Texts might be recited. 2. From the Law of Christ, and the voice of it. So in the General, as above mentioned, Rom. 13.1. Supra Sect. 3. The Powers that be are ordained of God: and vers. 4. for he is the Minister of God: and the like. So also in particular, as Christ himself concerning , Joh. 19.11. Thou couldst have no power at all against me, except it were given thee from above, (i. e.) derivatively from the Supreme Magistrate. And the like other Texts might be mentioned; all which and their Parallel Texts, speak Emphatically of the person of God, as from whom immediately, and authoritatively, in a special manner, and not only by his general concurrence, and near Approbation (as our Adversaries say) the Magistrate's Power is derived: Neither can they otherwise be interpreted without taking away their significancy, and accent, and putting an impropriety of speech upon them. And if there were but any Scriptures comparably so pregnant on the other part of the Question, as the constant Current of Scripture, we see, is on this; I say again, it would add more credit to the cause of our Antagonists: But otherwise, it is against all reason, and rules of Interpretation whatsoever, to expound what is more evident by what is more dubious; and not rather what is more dubious, by what is more evident. XVI. Let us come then to the other place of Argument; Secondly from the voice of Nature, and Nations. and that is from the general consent of men, which is a popular Argument, That the Tenent proceeds from the voice of nature alike generally dictating it in them; and that there is no such thing as any Charter for conferring power on Magistrates, neither from the natural, nor the Divine Law, nor that of Nations, Hic Supra §. 14. Hic supra §. 4. neither (as we recited above, was asserted by Covarruvias, and other Canonists concerning this Question) conceded to the People. We might instance it in the Jews, amongst whom we have said it is constantly held, That the first Parents were the first Magistrates invested with power of dominion from God, and Nature. Mare Claus. Lib. 1. Cap. 4. And Mr. Selden writes it as an Ancient Tradition, which hath obtained repute every where, concerning Noah; That he, as the Dominus fundi, after the Flood was Author of the distribution of the World into private Dominions; and that also by the appointment of a voice, or Oracle from God, he did confirm it by his last will and Testament, etc. We might instance also in the writings of the Heathens (some of which we have mentioned already,) and of others alien from Christianity. Hic supra. §. 11. Et alibi. But we rather come to the Christian Church; and to see what hath been the temper of that. And that, 1. In it's Primitive writers; and 2ly, In the late reformed Churches, and others. 1. In it's primitive Writers: And they did constantly affirm the Magistrate's power to be so from God; And that both in the name of themselves, and also of the community of Christians, their contemporaries. Apologia secunda ad Antonin. Pium, circa princip: & floriat circa Ann: Christi 140. So Justine Martyr, in his time, in his Apology to Antoninus Pius; Where he says, that if they respect not the Christians laying themselves freely open to all the world, they shall have no harm; but they believe rather that every one shall receive according to his works. And pointing at the Emperors, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 According to the measure, says he, of Power, which they have received of God. Ad Scapulam in princip. & floruit circa Ann. Christi 190. So Tertullian also, in his time, writing to Scapula the Precedent of Carthage; Christianus nullius est Hostis, nedum imperatoris; quem sciens à Deo suo constitutum, necesse est ut & ipsum diligat, & revereatur, & honoret, etc. That a Christian is the enemy of no man, much less of the Emperor; whom knowing to be constituted by his God, it is of necessity that he should love him, reverence, and honour him. And again, Colimus Imperatorem, ut hominem à Deo secundum; et quicquid est à Deo consecutum solo Deo minorem. We Honour the Emperor as a man next to God; and, whatsoever is succeeding from God, as being only lesser than God. And in his Apologetic, In Apologet adversu● gentes. cap 30. says he of the Emperors; Eum Deum esse solum, in cujus solius sunt Potestate, & à quo sunt secundi, post quem primì ante omnes, & super omnes Deos; That it is God alone, in whose only power they are, and next to whom they are second in the world, and after whom they are first, before all, and above all Gods. The like says Origen, In numeror. cap. 27. Homil. 22. & floruit. circa Ann: Christi. 220. on the 27th of Numbers; he puts the question to Moses, Quomodo non oras Deum pro ipsis (i. e.) filiis tuis, ut eos constituat populi deuces? How is it that thou dost not pray to God for them (i. e.) thy sons, that he would make them Captains of the People? And the like Athanasius, In Epistolâ Synodali ad August. Constant. Et floruit circa. Ann. Christi 330. In Rom. 13. in princip. Et floruit circa Ann. Christi. 380. after him, speaking of the preceding Christians; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That their faith was preserved, even to his time, by Christ; through whom he ruled even to them. And the like St. Ambrose, after him, on Rom. 13. Principes hos, says he, Reges dicit: qui, propter corrigendam vitam, et prohibenda adversa, creantur, Dei habentes imaginem, ut sub uno sint caeteri: That by these Princes he means Kings: who are made so on purpose for correction of life, and prohibition of evil, having the Image of God, that all others may be subject to one. And again, Hoc autem in Seculo rectores ordinavit; But in this world he hath ordained Governors. Ideo dicit tributa praestari, vel quae dicuntur fiscalia; ut subjectionem praestent, per quam sciant se non esse liberos, sed sub potestate degere, quae ex Deo est: That therefore St. Paul says, that Tribute ought to be paid, or that money which goes to the Exchequer of the Prince; that men may perform subjection, by which they may know themselves not to be free, but to live under a Power, which is from God. And the like St. Augustine, Expositionis quarundi proposit. ex Epist. ad Rom. lib. et floruit circa Ann. 400. De providentia Dei. lib. 7. serm. 7. Et floruit circa an. 430. Libro ad Theodosium, regem pientiss etc. & Floruit circa Ann. 440. after him, on these words of St. Paul, Non enim est potestas nisi à Deo. And the like Theodoret, on the same place of Scripture after him, and elsewhere, speaking of the Power of Government committed to Magistrates, Quod summus ille rerum Gubernator fraeni hujus habenas, tanquam Aurigis, ipsis commisit; That the great Governor of the World hath committed to them, as it were to Charioteers, the Rains of this Bridle. And the like after him also, St. Cyril, in his book to Theodosius; he gins to him, Adeo, cujus est summa Celsitudo, vobis, Christianissimi reges, humane claritudinis fastigium, etc. incomparabilibus excellentiis, prae omnibus aliis exurgens, & exaltatum, eximiaque ac honesta sorte sunt data. From God, who is the Sovereign Highness, To you, O ye most Christian Kings, is the top of humane Claritude given, rising, and exalted above all other things, by incomparable excellencies, and a singular and good providence. Finally, Let but any of these primitive Writers, of the Christian Church, be viewed in their comments on the 13th to the Romans. And as they do thus affirm on that Text; so, considering the Text itself, who would imagine that they could possibly do otherwise? And so much for the Authentic Primitive Writers of the Christian Church, both the Greek and Latin Fathers. 2. Let us take a voice also of the later Writers amongst us. And that of those also, which are held to be of most Authority, and better reception. The Civil Laws of Countries, both former, Hic infra, Sect. 19 and latter, we shall have occasion to argue from anon. We will produce here the confessions of the several Reformed Churches. Harmon. Confess. Sect. 19 Ex Helvetica posteriore, cap. 30. See the Title de Magistratu Politico: So that of Helvetia, Magistratus omnis generis ab ipso Deo est; institutus ad generis humani Pacem, ac tranquillitatem; ac ita, ut primum in mundo locum obtineat. That the magistrate of every kind is instituted by God himself, for the peace and tranquillity of mankind, and so as that he obtains the first place in the World. So again, Magistratus omnis a Deo cum sit, officiume jus (nisi Tyrannidem exercere libeat) praecipuum est; 1. Religionem defendere, etc. That since every Magistrate is from God, his principal office (unless he have a mind to exercise Tyranny) is, 1. to defend Religion, etc. And so the Bohemian confession, Ex Bohemica Confess. cap. 16. Amplius ex sacris literis docetur, Politicum Magistratum esse ordinationem divinam, & à Deo constitutum. Further it is taught us out of the holy Scriptures, that the Civil Magistrate is the Divine Ordinance, and that he is Constituted by God. And so that of Basil, Ex Basil. Confess. Art. 7. Praeterea Deus Magistratui, suo Ministro, Gladium, & summam externam potestatem, Bonis ad defensionem, Malis ad vindictam & Paenam, delegavit. Furthermore God hath committed to his Minister, the Magistrate, the sword, and the supreme external Power, to the good for defence, to the evil for revenge and punishment. And so the French Confession, Ex gallica Confess. Art. 39 Credimus Deum velle mundum legibus, & polititia gubernari, etc. Ideo etiam Gladium in Magistratuum manus tradidit, etc. We believe that God would have the world governed by Laws, and Polity; And therefore he hath delivered the sword into the hands of Magistrates. Ex Belgica Confess. Art. 36. And so the Belgic, Credimus Deum Oped: Max: ob generis humani corruptelam atque depravationem, Reges, Principes, & Magistratus constituisse; & idcirco Magistratus ipsos Gladium armavit, etc. We believe that the God of Heaven, because of the corruption and depravation of mankind, hath constituted Kings, Princes, and Magistrates, etc. and therefore he hath armed the Magistrates themselves with the sword. Ex Augustana Confess. Art. 16. And so the Augustane, De rebus Civilibus docent, quod Legitimae ordinationes civiles sint bona opera & Ordinationes Dei, sicut Paulus testatur, Quae sunt Potestates a Deo ordinatae sunt, etc. Concerning Civil matters, they teach that the lawful Civil ordinances are good works, and the ordinances of God, as Paul witnesseth, That the Powers that be are ordained of God. Ibid. vid. ad finem Confess. dictae. And the subscriptions of the Princes to it were, Caesareae M. V Fideles & Subditi. Johannes, Dux Saxoniae, Elector. Georgius, Marchio Brandenburgensis. Ernestus, Dux Luneburgensis. Philippus, Lantgravius Hessorum. Johannes Fredericus, Dux Saxoniae. Franciscus, Dux Luneburgensis. Wolfangus, Princeps ab Anhalt. Senatus, Magistratusque Nurnburgensis. Senatus Rentlingensis. To your Imperial Majesty Faithful and Subject, John, Duke of Saxony, Elector. George, Marquess of Brandenburg. Ernestus, Duke of Luneburg. Philip, Landgrave of Hessen. John Frederick, Duke of Saxony. Francis, Duke of Luneburg. Wolfangus, Prince of Anhalt. The Senate, and Magistracy of Nurenburg. The Senate of Rentling. So also the Confession of Saxony. Ex Saxonica Confess. Art. 24. Ibid. in fine. Dei beneficio in Ecclesiis nostris haec pars doctrinae, etc. illustrata est: docemus igitur, etc. a Deo institutam esse legitimam gubernationem, etc. By the good Providence of God, this part of Doctrine is illustrated in our Churches: We teach therefore that Lawful Government is from God. And see the express subscriptions of the Divines to it. Ex Suevica confess. cap. 23. So also in the Swedish confession: Juxta docent nostri Ecclesiasticae fungi magistratu munus esse sacratissimum, quod quidem homini divintus contingere possit: unde & factum sit, quod qui gerunt publicam potestatem, dii in Scriptures vocentur: In like manner our ecclesiastics teach also, that to discharge the Office of a Magistrate it is the most Sacred matter which indeed can be allotted to a man from Heaven; and from whence it comes to pass, that those who have the Public Power in their hands, are called Gods in Scripture: So that what can be desired more in these things? And where is the mention of the people in all these, either Public or Private, either former or later writings? And if the Argument of Authority shall prevail, and the common dictate of men shall be thought reason, and to proceed from the common light of Humane Nature in them; then what are a few opponents in the Christian Church (and those only more private persons, and taxable upon many accounts) to all these? And all these, both in their former and later writings which I have quoted, if what they have so recorded, shall be said to be false, must be avouched either to have erred, or else flattered Princes, and Colluded with men. And then the Public Faith of the Primitive Times, and of the Reformed part of Christendom fails (which God forbidden) or else their Faith is true, and rightly derived from Scripture. Nay, I appeal, in this matter, to the generality of all Mankind, of Jews, Heathens, Mahometans (as hath been partly mentioned: Hic supra §. 4. and §. 11. and Sect. 16. ) And in the Christian Church, to the generality of Fathers, Counsels, Historians, Lawyers, Politicians, Confessions, Schoolmen, and whosoever else have been of any Received Authority, and so far forth as they have had to do in these things, without being swayed by Corruptions. Sicut Apostolus dicit, Rom. 13. Omnis potestas humana a Deo est, Primo secundae Quaest 96, Art. 4, and 5. says Aquinas. That as the Apostle saith, Rom. 13. All Humane Power is from God. And, Princeps dicitur solutus esse a Lege, quia nullus in ipsum potest judicium condemnationis far: That the Prince is said to be free from the Law, because none can pronounce the Judgement of Condemnation upon him. In secundum sententiar. Lib. 2. Distinct. 44. Quaest. 2. And so Durand; Praelatio est secundum debitum Rationis, & Divinae Ordinationis; That Prelacy is according to what ought to be by reason, and the appointment of God, and the like. And so generally all others, excepting only the Papal Canonists and Jesuits, and the like of that Church, who have dedicated themselves to the depression of Princes, and the exaltation of the Pontifical Chair, and Ecclesiastical Prelacy; and who have been the great broachers of those principles, on the people's part of this Question, in Christendom; and from whom those few others of the Reformed part of Christendom, The tendency of the negative part of the question to the good of Religion, and Humane Society, disputed. whom I have mentioned, have derived them; and men have put them in practice, wheresoever they have desired Innovations. XVII. These things then, on both parts of the Question, being thus said; let us come last of all, to dispute the ends of them, and for which they are alleged to be held, and practised by each of the parties litigant, (viz.) The welfare of Religion, and of humane society, Sic supra. §. 9 as was above mentioned, (i. e.) of Government also, and of the mutual consistency each of these with the other. And for these ends than it is, that the principles on the people's part of the question also are said to be intended, and consequently appointed by God to be put in practice. The common good of Mankind, both in respect to Divine and Humane affairs, it is true, is the great end of all God's Ordinances and appointments, respecting the Public amongst men: And so it ought to be also of all Humane Laws and practices subservient to those Divine Ordinances, and respecting the Public in like manner. And, but that every Governor in his Society ought to intent the common good of it, as abovesaid, and as the last end of his Government in this world, Cap. 1. Sect. 12. there is no doubt of it. And, if he do not Act accordingly, he is accountable for it, both in the Court of Conscience, and in the Court of Heaven. And when the Question of the Princes being obliged, and how far forth to the Laws, is disputed: That he is obliged to the Divine Laws, and to the Laws of Nature, and Nations, and even to the Civil Laws also, by the direction of Natural Equity (although not by any external force or Coaction to be brought upon him by men) it is agreed upon by all both Lawyers and Divines: Ad C. 1. §. fin. feudar. poss. & alibi. Ad Auth. C. ne fill. pro patre Primo secundae Quaest 96. Art. 5. Controvers. Illust. Lib. 1. Cap. 26. Num. 12. De Just. & Jur. Lib. 1. Quaest. 6. Art. 7. Variar. resolute. Lib. 3. Cap. 6. N. 8. In Orat. ad Nicoclem. Paulo post princip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Lib. 1. So Baldus, Bologinnus, Aquinas, Vasquez, Sotus, and others. And therefore Covarruvias doth, in this sense, rightly tax the distinction of ordinary, and absolute power in a Prince: Potestas absoluta, says he, de jure, non est in principe: deinde haec ipsa distinctio potestatis ordinariae & absolutae in humanis principibus falssima est: That absolute power of right, is not in a Prince: And therefore this distinction itself of ordinary and absolute Power in a Prince amongst men is most false. And Isocrates, in his Oration to Nicocles, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. I think truly, that it is acknowledged by all, that it is agreeable to Princes, that they should free their people from Calamities, and preserve them in welfare, and cause their Commonweals from small to become great. And the Poet Hesiod gives an admonition to Kings, from the elegant Fable of the Hawk and the Nightingale. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. But now I will utter a fable to Kings, although also they are wise: The Hawk so bespoke the sweet-singing Nightingale; Bearing her aloft in the Clouds, being snatched up in his Talons: But the Nightingale did miserably bemoan herself, Being pierced through with his crooked Talons: and he with imperious words so spoke to her: Unhappy Bird! Why dost thou make a noise? One much stronger than thee hath thee now in possession: Thou goest this way that I carry thee, although thou canst sing so well; And I will either make my supper on thee, if I please, or else let thee go. But thou, O Persa, attend to Justice, neither love to do Injury. So then, this being said, let us come to the determination of this business, whether it be most for the good of Religion, and Humane Society, (viz.) of Government also, and the mutual consistency of them, That the Negative part of our present Question, the Doctrine of the Prince's Power its being from the people, and the other propositions attending it, be held and taught, or the contrary. And I shall prove it concerning the contrary, (viz.) that it is most for the common good of Humane Affairs, That the derivation of the Prince's Power from God, and the propositions attending on it be held and taught: And that from these following Topics. XVIII. First of all, from God himself, his having so stated it in the Scriptures, The contrary proved, first from God's having so stated it in Scripture. as hath been mentioned. And it cannot be doubted, but that he hath intended the good of all Humane Society in it: And if so, then infallibly; and if so also, then infallibly it is so. Religion, and Humane Society are Gods own Ordinances; and he intends nothing that he hath decreed, to hurt them. De Natura d●or. Lib. 2. Et enim si concedimus intelligentes esse Deos, concedimus etiam Providentes, & rerum quidem maximarum, says Cicero: That if we grant the Gods to be intelligent, we grant them also to be provident; and if so, than most of all as to the greatest matters. And Homer, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Odyss. ξ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. For the blessed Gods love not Evil, But honour Justice, and the fitting works of Men. But if it be hurtful to Religion, and Humane Society, that God hath derived the power of Princes from himself only in Scripture; then God must be said either to have erred in the doing of it, or else to have intended the hurt of these most excellent things: But the former of these thwarts the conclusion above mentioned, Supra. Cap. 11 §. Vlt. concerning the immutability of God's Decrees relating to these Grand Ordinances of his in the world. XIX. The second Argument is from the general consent of the Civil Laws of Countries amongst men; Secondly, from the Civil Laws of Countries, and their having so stated it also. which all certainly argue the consent of men who made them; and which all cannot be judged to be intended for any thing else, but the common good: And that whether they have been framed by the Prince himself alone, or by the Representative of the people in any Society, as to the matter of them, and passed into Laws by the Prince afterwards. If by the Prince alone, and those his Laws have stood for any time, his good hath been inseparable (whether he hath rationally considered it, or not) from the good of Religion, and his Society, in this matter. If by the Prince afterwards Enacted into Laws, this Community cannot be imagined to have aimed at any thing prejudicial to their own good in it neither. But the Civil Laws of Countries, both former and later, have all generally derived the power of Princes from God, and have taught the Doctrine of the propositions on that part of the Question attending it. So Romulus established it by Law (says the Cardinal Contarene, De Rom. & ven. Magistratuum inter se comparatione. N. 42. out of Pomponius Laetus) that none should enter either upon the Chief Magistracy, or other, Nisi Author esset Deus: So the Roman Civil Law, Deo adjutore nostrum Gubernante Imperium, quod nobis a Caelesti Majestate traditum est: God our Helper Governing our Empire, which is delivered to us from the Majesty of Heaven, L. 1. De vetere Jure Enucleando, etc. Novel. ut differentes Judices audire; etc. Constitut. 86. in Praefatione. says Justinian to Tribonianus. And again, Ex quo nos Deus Romanorum praeposuit Imperio, omne habemus studium universa agere ad utilitatem Subjectorum commissaeque nobis a Deo Republicae, &c: Since the time that God hath set us up over the Empire of the Romans, we have taken all care to do all things to the profit of our Subjects, and of the Common Weal committed to us by God. And the like the other Emperors, and in the Old Civil Law. And the Principles following upon this are not where, throughout the whole body of it, permitted to be violated. The like also Plato in his Books of Laws, De Legib. Dial. 3. taking pattern (we have reason to think) from the ancient Laws of Greece: He would have the Sovereign power to be conferred upon the Prince by Lot. Septimum principatum ad sortem aliquam producamus, eam Dei gratia, & felicitate quadam contingere asserentes: The seventh and last pre-eminence let us reduce to some Lot, affirming that to happen to any one by the Grace and Favour of God, and by a certain peculiar felicity. And this even in his elective form of Government; that, although the Lot was cast by men, yet the Sovereign Power was derived, in a special manner, says he, from God. The like also is known to be the common stile of Princes at this day, in their Proclamations, Missives, Edicts, etc. Such and such a one by the Grace of God. By the Laws of England, the King is Reputed next to God. De Legib. & consuetud. Angliae. Lib. 1. Cap. 8. De laudibus Leg. Angliae. Cap. 3. Omnis quidem sub Rege, says Bracton, & ipse sub nullo, nisi tantum sub Deo: That every one is subject to the King, and he is subject to none, but only to God. And, Fortescue, nam cum dicat Apostolus quod omnis potestas a Domino Deo est; Leges ab homine conditae, qui ad hoc a Domino recipit potestatem, etiam a Deo constituuntur: Dicente Authore causarum, quicquid facit secunda, facit & causa prima altiori, & nobiliori modo. For since the Apostle says, That all power is from the Lord God; the Laws that are made by man, who receiveth power from God for the making of them, are indeed made by God also: the Author of the causes affirming it, That whatsoever the second cause doth, the first doth also in a higher and more eminent manner: And so others. And the King is reputed to be, Principium, Caput, & finis omnium: The beginning, the Springhead, and the end of all things. And the like to these things also might be instanced in, in the other Laws of Countries; especially those of Europe, as their Laws, and Lawyers affirm, and where the Christian Profession is most generally maintained. And where is it that any of these do derive the Sovereign Authority from the people; or permit the propositions attending on it, which have been mentioned? And those also that shall do so, must annex this one absurdity to their Act in doing of it (i. e.) they must deny that there is any such thing as a Sovereign Prince amongst men. XX. The third Argument is to be taken from the comparison of the Evil Effects, The third Argument, from the comparison of the evils of the cases of extreme Tyranny, assigned by the Opponents; and what are to be expected from the people's part of the question its being held and taught. which are ordinarily to be expected from the people's part of this Question its being held and taught; with the evils of those cases, if permitted, which our Opponents call cases of extreme Tyranny in Princes, and in which regularly (as they say) they concede a rising in Arms against them. And if the Evils to be expected from the people's part of the question its being held and taught, be greater than those of the cases of Tyranny assigned, and wherein, according to the Doctrine of our Adversaries, the people's part of the question should be put in practice; than it must needs follow (even by our Adversaries own confession, and according to their stating their own Case) That it is better for Religion, and Humane Society, that the other part be held and taught, generally, and per omnia, in Humane Societies: Let us examine these Opposites. 1. The Cases, called cases of extreme Tyranny, and assigned as such, by our Opponents, as wherein the people should rise against Princes, depose them, etc. are said to be cases of extreme and certain danger in the general. We may resist, says Grotius, De Jure Belli. Lib. 1. Cap. 4. Sect. 7. In summo certissimoque periculo: In extreme and most certain danger. Although how that shall be judged of certainly (as it ought to be in a matter of such weight as this is) since it is in the mind and breast of a Prince to desist when he will from Tyranny, will not be so easily determined: But if we inquire further, and ask of what number or quality the persons ought to be; who should be thus in danger; it is answered. 1. That Barclay concedes a rising to any considerable part of the People; Populo & insigni ejus parti: and afterwards, Ibid: that indiscriminatim singuli, aut pars populi minor non est damnanda. Ibid. It is a strange thing, that Grotius, from the danger of one single person, (and that term is not restrained neither to any certain, or definite sort of persons, as being of such, or such a quality; but the contrary is asserted) should state his case so, as not to stick to run the danger of a Rising: But these than are the Cases assigned by him, and others. And although in the general (as hath been mentioned) their exclamations of, Hic Supra. §. 12. circa med. Omnia prius tentanda, That the utmost is first to be tried, and the like, are frequent; yet these particulars do not well accord with them. And the Effects then to be expected from a Prince's Tyranny in these cases, are these, (viz.) the voluntary, and obstinate transgressing of his duty; the slaughter of some one, or other single person, or of some part, either considerable, or lesser part of the people: For that a Prince should have the mind to slaughter the whole, or greater part of his Subjects, Grotius often acknowledgeth, that it is not to be supposed, when he recites so often, Ibid. Sect. 11. Sint quibus Imperes; Let there be those, over whom thou mayst Rule; And, Vix id accidere posse in Rege mentis compote, qui uno populo Imperet: That that can scarce happen in a King, who is well in his wits, and who Rules over one people only. And that wish of the Roman Emperor, That he had a Sword, that would cut off the neck of the whole Roman People at once, was but an Ebullition of passion, and an high flown strain, proceeding from a present heat of of Fancy prompting him to speak beyond others. 2. Let us compare then with these things the mischiefs which are ordinarily to be expected from the people's part of this question its being held and taught: And those are frequent Rise; so often generally, as Ambitious, Covetous, or the like sort of persons (of which there are always some in all Societies) shall have a mind to Innovate: Those are also the public desolations both amongst persons and things, which do use to be made at such Rise: Those are the loss of the lives of Princes by massacre, of Nobles in the field: Those are the raising Civil Wars, and that because there are opinions ordinarily for the Prince's part, as well as for the peoples, in such a clashing of affairs; and those caused by all the sorts of motives to them, both by Conscience, Affections and Interests, as well as any other opinions whatsoever. But the mischiefs of a Civil War are far worse ordinarily, than any sort of Tyranny: such are also, by all these things, the perpetual unhinging, and unsettlement of all Humane and Divine affairs, and the like: And finally, the rendering the Christian Religion (which shall be supposed to dictate such Rise in arms in the cases mentioned) inconsistent with Government by all these matters. And it is but in vain, that Grotius endeavours to secure those cases by limitations, to be observed by them that Rise; Infra Lib. 2. Cap. 5. since the corruptions of men (of which I shall have occasion to speak of on purpose, and more at large hereafter) do not use to act by Rule, and logical distinctions in the world, as was said before in the case of pretences for Rising: Hic supra. §. 12. and corrupt men (for whom these cases of Conscience amongst others are framed) are supposed generally not to proceed by any thing of Conscience at all: So then, if these evils be greater than the evils of the supposed cases of Tyranny, (if a Prince should be permitted to act them) The Conclusion is, that it is better both for Religion, and all humane Society, that the affirmative part of the Question be rather held, and taught, than the negative. XXI. Let us come to a fourth Argument for it also; The fourth Argument, from a further comparison of things. and that is to be taken from the comparison of which of these parts of the question there being held and taught, hath actually, and experimentally been the most occasion of evil to Religion, and humane Society: whether the one, by its having been the occasion of the most frequent, and most destructive Tyrannies in Princes; or the other, by its having produced the most frequent, and destructive rise? And who is there, that hath read Histories, and observed this particular in humane affairs, that will not vote the destructions by rising (both as to their quality, and number; and both in respect to divine, and humane affairs,) to have been the greater, and more to be bewailed many to one? Let any one compare these things generally amongst men. XXII. The fifth and last Argument we will lay down from one more particular Comparison; of which is best to be Governed, The fifth and last Argument, from one more particular comparison of things. and withheld from damnifying the public (viz.) either a Prince, if actually exercising Tyranny, or a multitude, if up in Arms to suppress it? A Prince exercising Tyranny, is a single person ordinarily; A multitude, and the corrupt men in it many: A Prince is a certain definite Person; the Ambitious, or otherwise corrupt men in a multitude many times lie hid, till their designs intended are wrought, and ripened beyond the help and recovery of others: However they are at all times indefinite, because no man is ordinarily to be trusted in a Temptation. It is for the Prince's damage many ways, if he should put a Tyranny in Practice; he loseth his Subjects hearts, and their persons, in both which his strength and safety consisteth every way; he incurs the danger of Rise against him, Assassinations, and the like: But the Ambitious, or otherwise corrupt members of a multitude, are prompted by hopes of getting, and that even the Prince's Crown, which doth use to be more valued by such men, than a Crown of Stars in Heaven: And lastly, a Prince may be persuaded (if he be a man of Conscience) by his Divines; If not by them, by others upon the account of other respects, to desist from Tyranny; but there is no dealing with a multitude by any of these ways. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. A multitude is a certain untractable thing; Hecuba. Agamemnon. Lib. 16. and if accompanied with Treacheries, invincible, says Euripides. And, variae sunt hominum Cupiditates & judicia, presertim multitudinis, says Guicci ardine: That the judgements, and affections of men are various, especially those of a Multitude. It is better then, that the Doctrine running the hazard of such a Tyranny (and that Tyranny also being forbidden by it) be thus taught, then that the Doctrine running the Hazard of such a rising (and that on the contrary, as a rising, allowed of by it) be taught and practised in humane societies. The General Conclusion. XXIII. Last of all, we conclude then, from these Arguments, and circumstances of things compared, concerning this weighty matter of the public good, and which is proposed as the sum of all the dispute in this Question; That it is better for it, that the Power of Princes be derived from God, then from the people. Grotius himself, and others cry out upon the Dire effects that have been in the world, from the Teachings the Doctrine of ordinary Rise. Quae sententia, De jure belli. Lib. 1. cap. 3. Sect. 8. says Grotius, quot malis causam dederit, & dare etiam num possit, penitus Animis recepta, nemo sapiens non videt; which opinion, to how many mischiefs it hath given cause, and being throughly received may give daily, there is no well advised man that sees not. And yet when they have made their distinction of ordinary, and extraordinary Cases, they term the certain danger of any one single person to be a case extraordinary: and he that will look into the Books of the Canonists, Jesuits, and the like writings of the Church of Rome (from whose Towers this shot against Princes came first into Christendom) shall find such casuistical Divinity, such talks of Daggers, Poisons, etc. intended, and bend against those Princes, as would make the ears of any one, considering the weight of such matters, and sincere in Christianity, to tingle. There is to be found the Pope's Supremacy over all the World asserted; and all the propositions that lie on the negative part of this Question, for the subverting of Temporal Princes, who, upon any occasion, shall oppose him. So Bellarmine: That all temporal power is (1) De laicis, lib. 3. cap. 6. fundamentally in the people; But that the Pope hath his (2) Et de Summo Pontif: lib. 5. cap. 6, and 7. §. Item potest. hic Supra §. 7. in fin. And §. 14. in princip. indirect power in Temporals from St. Peter; as also was mentioned above out of Covarruvias, and others. So Suarez of exemption of Clarks from the Civil Laws of States, and the like; (3) Defen. count. Sect. Anglic. lib. 4. cap. 17. & cap. 9 3) De Rege, & regis Institut. lib. 1. cap. 10. Marian and others. So Azorius, of (4) part. 2. lib. 11. cap. 5. Interdicti venet. Histor. lib. 2. circa med. Saaturel. Tract. de Haeresi, & Sismate, etc. Soto de Justit. & jure. lib. 5 Quaest. 1. Art. 3. etc. Excommunication of Kings, of deprivation of them of their Kingdoms, after such excommunication of the Subjects being absolved from their Oaths of Allegiance, of their rising in Arms (such as was endeavoured by the Pope in the case of the interdiction of Venice, and hath been in many other States, say their Records) of any man's Assassinating Princes, as Heretics, and the like things, resolved of by him, and Sautarella, and Soto, and others. And it is no wonder if that great Italian B: pp. That styles himself the Sun (in his Canon Law, and elsewhere) and all Temporal Princes the Moon; If he that dates his own Spiritual Power from St. Peter, and the Temporal Power of Princes from the People; If he that affects a Monarchy over the whole World, and wears a Triple Crown, as representing his Almighty power over the three great Kingdoms of Earth, Hell, and Heaven, for the Churches good, See King James his defence of the right of Kings, & elsewhere. as he saith (and lo thus he hath improved Religion, and the Office of his Priesthood!) If such an one maintain, or at least connive at the looseness of such Principles, and the lewdness of such persons, in the stating the particular Cases concerning them, as hath been mentioned. Last of all, that usual saying of Pope Paul the fifth, Interdict. Venet: Histor. in princip. that it was chiefly in his thoughts, Audaciam Magistratuum Secularium mortificare, To mortify the bouldness of Secular Magistrates; The Doctrine afterwards, in the Case of Venice, published, and allowed of by the Court of Rome, Ibid. lib. 4. paulo post princip. Potestatem Principum Temporalem subordinatam esse Ecclesiasticae, eique subjectam, That the Temporal Power of Princes was subordinate to the Ecclesiastical, and subject to it; The banishment of the Jesuits from the Venetian Territories, Ibid. lib. 6. prope fin. In the Dining Rome of the King's lodgings. See the dangerous Positions, said to be Bpp. bancroft's, containing the Sum of these writings and Citations. for their abetting such like doctrines as these; and in the close of all, the Gunpowder Treason in England (horrid to be recited) And Sr. William Wade's Chimney piece, and Monument in the Tower of London, will be sufficient Testimonies to these things. And in the mean time, what credit is it either for the Scotch or English Presbytery (as is laid to their charge, and their book, and practices are cited to testify) or others, to follow the Principles of these Churchmen of Rome? So then, having said these things, we have asserted our proposition first mentioned in its latitude of sense intended by us in this discourse, and necessary for the completing of it; and have so put an end to this difficult and important Question. CHAP. IU. The third Proposition also asserted (viz.) that Religion and Government being both so appointed by God, they must needs be consistent mutually amongst men: And that their Consistency explicated, and stated. I. The distinctions of Government (first above mentioned) applied to its Consistency with Religion. II. The distinctions also of Religion applied to its Consistency with Government. III. The distinctions of the Consistency of Religion with Government further explicated and applied. iv The Consistency of Religion with Government Proved; V First in the General. VI More particularly, concerning the Christian Religion in particular. VII. Last of all, the conclusion, and consectary deduced from all these things. The Distinctions of Government (above mentioned) applied to its Consistency with Religion. cap. 1. §. 8, 9 I. WE have above defined Government, both in the General, Special, and Individual: And have said that it is to be considered either as a Faculty, or else in the exercise of it. And when we here treat of its consistency with Religion, it is meant of such in the exercise of it: And that, either Totally, or Partially; Fundamentally, or in lesser matters. So the Government of the Gentiles, both in Church and State, was inconsistent with the Religion of the Jews Fundamentally, and in the main particulars of it. And so the Government of Jeroboam, the Son of Nebat (so frequently and eminently instanced in the Scriptures to have made Israel to sin) was destructive of the particular precepts of the people's Sacrificing solemnly at Jerusalem, 1 Kin. 15.30. 1 Kin. 16.26 etc. 1 Kings 12.28. Whereupon the King took Counsel (says the Text) And made two Calves of Gold: and said unto them, it is too much for you to go up to Jerusalem, behold thy Gods, O Israel, which brought thee up out of the Land of Egypt. And he set the one in Bethel, and the other put he in Dan. 1 K. Cap. 16, 17, &c Such also was the Government of Ahab, and the Idolatrous Kings of Israel, and of the Kings of Babylon, at the Deportation, and the like mentioned in the Scripture. 2 K. Cap. 25. Such also that of Antiochus Epiphanes, at the time of his Invasion; and that of Vespasian, and Titus, at the time of their Destruction of the state of the Jews; and the like the Governments of others, mentioned by the same Jewish celebrated Historian. Josephus. Such also was the Government of the Roman Emperors, in respect both to the Jewish, Christian, and some sorts also of the Heathen Religion, both before and after the Crucifixion of Christ. Of Tiberius in his time, of whom Suetonius says, That Externas Caeremonias, In Tiberio. §. 36. Aegyptios, Judaicosque ritus compescuit, etc. He repressed the outward Ceremonies of Religion, the Egyptian and Jewish Rites. And so of Claudius in his time; of whom he says also, that Judaeos', In Claudio. §. 25. impulsore Christo, assiduè tumultu ●ites, Roma expulit: He drove the Jews, daily tumultuating, out of Rome, Christ (as he calls him) being the stirrer up of them to it: And that, Druidarum Religionem, Ibid. apud Gallos dirae, immanitatis, & tantum Civibus sub Augusto interdictam, penitus abolevit: The Religion of the Druids, amongst the Galls, which was of horrid cruelty, and prohibited only to the Citizens, under Augustus he utterly abolished. And so lastly of Nero in his time, of whom he says also, That, Afflicti suppliciis Christiani, In Nerone §. 16. genus hominum superstitionis novae, ac maleficiae: The Christians were afflicted with punishments; a kind of men of an Upstart (says he) and mischievous superstition. And thus all of these particular Governments, either in specie, or individuo; being in respect to these Religions, either in the General, or in some particular Precepts of them, inconsistent with them: But this consistency of Government with Religion, by thus illustrating it from the contraries, I here touch upon only, as falling in my way to other things, it not being the principal design of my Discourse, as hath been before first of all mentioned. Supra Cap. 1. §. 1. II. Religion also was above defined in like manner as Government: And I distinguished it first into such, either in the general, The distinctions also of Religion applied to its consistency with Government. Cap. 1. §. 2. or special, or individual: And afterwards, into either True, or False: And afterwards again, I laid it down as considered either simply or relatively. In its simple notion, I have spoken of it principally already, throughout the second Chapter: In the Relative I shall handle it more principally both here, and hereafter. Ibid. §. 3. And when I here treat of the consistency of Religion with Government, Ibid. §. 4. it is meant of it both in the general, and special, and individual. Ibid. §. 5. And of the True, totally, and necessarily; and of any False, necessarily also, so far forth as it partakes of the precepts of the true, but only actually otherwise. So the Gentile prescripts of Religion, so far forth as they did partake either of the natural or positive prescripts of the true, did, either as to the one, or other sort of them, consist necessarily with the lawful particulars of their several Governments. And so the Mahometan Religion, in respect to the Mahometan Government at this day. And in all Regions in the World generally it hath always been taken a care of, that they should not in any of the Precepts of them, inconsist with Government. And, if there have been Wars, and Over-throws of Government, and the like mischiefs at any time to Humane Societies happening by them; it hath been accidentally only, as to the Religions themselves of the Countries, generally, in which such things have happened, and principally from other causes. Wherefore that saying, with application of it to this business also, hath been true in all Ages; and there are innumerable examples of the truth of it, in all Histories, and Records of Humane Affairs; Natal. Comes. Hist. Lib. 11. That, Nunquam fere sola Religio fuit causa Bellorum, etc. Never almost hath Religion only been the cause of Wars; But either a more lose and ample licentiousness of living, furnished out by a semblance of Religion; or else an immoderate affection of Ruling, or some such kind of thing; when the foulness of desire, and the unlawful appetency of things not honest is covered over, either by a simulation of defence of Religion, or some more honest pretence, by which both many adherents are acquired, and many assistances flock into the design: because there are but very few to be found, who will embrace manifest dishonesty: And this consistency of Religion, on its part, with Government, is the thing principally intended to be treated of by us, both here and hereafter, throughout this whole discourse, Supra Cap. 1. §. 1. as hath been also first of all mentioned. The distinctions of the consistency of Religion with Government further explicated & applied. Cap. 1. §. 13. Ibid. §. 14. Supra▪ Cap. 3. §. 7. III. The consistency then of Religion with Government I also defined above: And distinguished it into either Negative or Positive. To consist totally negatively with Government is the least thing that any Religion can do. And, if it do not so, it will not be endured in Humane Societies, nor ever owned to be true, and from God; since Government is God's Ordinance (as abovesaid) and taken by all to be intended as the great instrument for the good of all Humane Society. But I shall here proceed further, then to these things, concerning the True Religion; and evince it to be the property of it in particular, to consist not only totally negatively, but also positively and eminently (as was above mentioned) with any Lawful Government amongst men. Supra. Cap. 1. §. 14, 15, 17. Et hic §. 1, 2. And to do these two things will be our task in the remaining part of this Chapter. The consistency of Religion with Government proved. iv We proceed then to prove the total negative consistency of any True Religion, in the general, with Government. And afterwards we shall descend to the positive and eminent consistency of the Christian Religion in particular. V First then, First in the general. this necessary negative consistency of any True Religion with Government in the general, will be evident from this Categorical Syllogism, containing the sense of our former discourse concerning these things, (Viz.) Those things which are appointed by God to have a being together in the World amongst men, must needs be in themselves totally negatively consistent amongst them: But the True Religion is so appointed by God to have such a being, together with government in the world amongst men; Ergo, it must needs be in itself totally negatively consistent with it amongst them. The Minor proposition in the present Argument is not taxable; and he that will deny the Major, and assert any two Ordinances of God whatsoever (such as any True Religion and Government are) to be in themselves, although but in any one single respect, and particular whatsoever, mutually inconsistent in the world; he must needs accuse God himself of a defect in his very act of placing them there. For, if God hath placed things in the world, with an intent of their consisting, Supra Cap. 1. §. ult. and continuance there (as was above concluded concerning Religion and Government,) and is from most weighty and apparent Reasons evident to all that he hath done so (concerning those things) and yet they will not consist; then we must of necessity fall to the taxing his very attributes, which were operative in the placing them there. Where was his omnisciency, that had no farther insight into what he did? Where was his wisdom, that could no better contrive? Or where was his omnipotency, that could no better effect? If he were at any time deficient in these; at that time he had not the Attributes of a God: And if he had them not, he was no God; and if there were any time in which he was not a God, it is impossible that at any time he should be a God; without utter confusion denounced, by him that will say the contrary, to all the Right Philosophy and Divinity, that ever concerned a God in the world. So that it appears in Sun Beams, that he will enervate our present Argument, must in the last result, remove any such thing as a Godhead out of the world: but we will not imagine such a strain of Atheism. So then the proof of this Argument in the general, includes the proof of the necessary total negative consistency of the Christian Religion in particular, with any Lawful Government. And it evinceth the like consistency of any present Lawful Government also, either in Church or State, with the same Christian Religion, upon supposition, that the Governors, in whose hands the exercise of such Government is, do proceed rightly, and by right rules, in their administration of it. Secondly, more particularly, concerning the Christian Religion in particular. VI We descend next then to the proof of both the positive, and eminent consistency of the Christian Religion with the present Lawful Government in any Society: And that either under the notion either of special or individual. And for that, 1. That it must needs consist positively, will be evident from both its stamping the present Lawful Government, both in Church and State, as hath been mentioned, with Divine Authority, for the rendering of it more Sacred amongst men; and also from its teaching men to be both Good Citizens and Subjects, in all the Duties of the second Table, which are the complete duties of Humane Society. Many things more particularly might be mentioned: De Jure Belli. Lib. 2. Cap. 20. §. 49. etc. Vid. Ibid. But well saith Grotius, concerning the whole System of the Doctrine of the Christian Religion in the general; Nihil est in Disciplina Christiana, quod Humanae Societati noceat, immo quod non prosit: We may be sure of that, That there is nothing at all in any of the Precepts of the Christian Religion, which doth any ways hurt, nay, which doth not help and profit Humane Society. 2. It's positive eminent Consistency is as obvious to any man: The Christian Religion being the very band and tie of Humane Society. For, whereas the Governor, in his Humane Capacity, can enjoin the Duties of the second Table, only under Temporal Penalties; God doth in the Christian Religion enjoin them under Eternal: And, whereas the Governor, in recompense to the observation of those Duties, can promise only Temporal Rewards; God doth in the Christian Religion, promise also Eterternal: And, whereas the Governor can take Cognizance only of the overt, open acts of disobedience to his Commands; God doth in the Christian Religion also, take Cognizance of the very inward motions of the heart, and first stir of it towards such acts of disobedience, Eccles. 10.20. Curse not the King, no not in thy thoughts, etc. saith the Scripture: So that, who sees not, that the Christian Religion hath ribbed Humane Society with Adamant; and is the very Cement, and Band, and Bulwark of it, in all respects; and the Superlative, and most Eminent Help and Support to the present Lawful Governor in any Society whatsoever? The conclusion, and consectary deduced from all these things. VII. And lastly then, I have but this one last and short Conclusion and Consectary to lay down from these things: And that is, That if at any time the Christian Religion doth prove subversive of the present Lawful Government, and by any occasion taken by men from it, in any manner of way whatsoever; it is from the Errors of those men, and their humane mixtures obtruded upon it, and not from any genuine Rules or Precepts of the Christian Religion itself. The purer Sun containeth no such Clouds; and the spects showed in the Jewel are but spots of dirt. God himself, as he would never have appointed a Religion in itself, subversive of his own Ordinance of Government; so he could not ordinarily have expected, that the Kings and Governors of the Earth, if such, and as rational men only, should have received it as his. We proceed then from hence, to other things. CHAP. V. To whom the Charge and Right of the Preservation of the welfare of Religion, and Government, and the consistency of Religion with Government, is committed in Humane Societies. And of the Means necessary for the accomplishing and preserving of it, (viz.) An Ecclesiastical Uniformity. I. THe state of the Question. II. The preservation of the welfare of Religion, and Government, and the consistency of Religion with Government must needs be the Charge and Right of some body. III. That it is the greatest Charge of any amongst men. iv The Negatives stated: And first, that it is not the Charge and Right of any private person. V. Nor the Charge of any subordinate Magistrate. VI Nor the Charge of the Supreme Church Governor in any Society. VII. The positive asserted, (viz.) to whom the Charge and Right mentioned doth belong; and that is to the Supreme Magistrate. VIII. The Conclusive Explications of the Positive part of the Question subjoined. IX. The first Conclusive Explication. X. The Second. XI. The Third. XII. The Fourth. XIII. The fifth and last. XIV. The Conclusion of the First Book. I. HAving thus, in our due manner, The State of the Question. evidenced Religion and Government to be the Ordinances of God; and that there must needs be a consistency of Religion with Government; we come now last of all to inquire, to whom the charge and right of the Preservation of these things, and their welfare in the world doth belong. And that we shall evidence: First, Negatively; And Secondly, Positively; and subjoine some farther Explications of this matter. 1. Then, and for the thus stating of this business: The distinction of Religion into true, and false, is here to be recalled; and the consideration of Government both as a Charge, and Right committed to the Governor by God, as was also above mentioned, amongst the distinctions of Government. 2. A Charge is to be defined; Cap. 1. §. 11. and it, and the manner of its being committed to any man to be distinguished. And that is the charge (here meant) of every man, which is committed to him by God; either mediately, or immediately; either general, or particularly; either more, or less eminently; as we have said; That both the Civil, and Ecclesiastical Governors Charge is committed to them by God: and then by virtue of a Charge its being so committed to any man; he hath a consequent right to it, and the looking after it. And no charge can be committed to any man ultimately, but by God only; since none else but he hath the Supreme and universal Power of the Disposition of Humane affairs. Whence that saying, Officium perdam, & Deum vendam? And a Charge is defined under the notion of what a man is bound in Conscience to do; Officium est, Greg: Moral. lib. 12. Offic. lib. 1. Ibid. quod quisque efficere debet, pro suae personae conditione, says Cicero. And nulla vitae pars; neque publicis, neque privatis; neque forensibus, neque Domesticis in rebus; neque si tecum agas quid, neque si cum altero contrahas; vacare officio potest; in eoque excolendo sita est vitae Honestas omnis; & in negligendo turpitudo. That no part of a man's life; neither in public nor private; neither in Court, nor in Household affairs; neither if thou dost any thing by thyself alone, nor if thou contract'st with another; can want matter of duty and charge; and in the looking well after that, consists all honesty of life; and in the neglecting of it the contrary. And a charge so committed to any man is, either Ordinary, or Extraordinary; private, or public; either Supreme, or Subordinate; and that either in respect to the Person, to whom such a charge is committed; or else in respect to the thing committed to him, and its greater or lesser dignity. And when we inquire here, to whom the charge and right of the preservation of the welfare of Religion, and government, and consistency of Religion with Government doth belong: as to its being such a charge, and right; we mean it of the True Religion primarily, and emphatically; and of the preservation of its necessary consistency; and of the false Religion, only so far forth as it is a Politic Instrument, and better than none at all for humane Societies (as will be more particularly instanced in anon) and of its only actual consistency; Infra lib. 2. Cap. 2. §. 1. and of Government under the consideration of its being both such a Charge and Right, as was mentioned. And; as to it's belonging to any one as such a charge and right; it is meant also Supremely, and Ordinarily, in respect to the person charged with the welfare of these things; and more particularly and eminently as a Public Charge, and immediately from God, in respect to the thing so committed in charge. Religion, and Government, and the consistency of Religion with Government must needs be the charge of somebody. II. That this Preservation of the welfare of Religion, and Government, and of the Consistency of Religion with Government must needs be the charge, and right of some body in humane Societies; it is demonstrable from two Topics. 1. First, from the Considerableness of the things. 2ly, From the perpetual dangers that these things are in, both from the infirmities and corruptions of men. Plau●us Trin. Novi ego hoc Saeculum, moribus quibus sit (says he in the Comedian) malus bonum malum Esse vult, ut sit sui similis: Turban, miscent mores mali: Rapax, Avarus, Invidus, Sacrum Profanum, publicum privatum habent. I know this Age, of what manners men are in it: The evil man would have the good man. To be evil, that he may be like him: The evil men Trouble, and confound all things: the Greedy, Covetous, envious, account that which is Sacred to be Common, and that which is public to be private. And therefore all Laws are made for the Correcting the enormities of these Disturbers of the World. Rom. 13.4. Oratione De falsa legate. For he is the Minister of God; saith St. Paul of the Magistrate; a revenger to execute wrath upon him that doth evil. And Demosthenes, nullus est usus Civitatis, quae nervos, ac vires ad versus sceleratos & injustos non habet. That there is no use of that City, which hath not Nerves and strength against wicked and unjust men. And it is impossible that either Religion, or Government, or the Consistency of Religion with Government, in their relative consideration, and in respect to the vitiosities, and weaknesses of men; should ever be safe, unless some one or other be put in trust to see to the execution of those Laws, and that the safety of these things be provided for by them. That it is the greatest charge of any amongst men. III. The preservation then, and maintaining of the welfare of these things is the supreme and greatest public charge, in respect to the dignity of the thing, of any amongst men. And that because the things given in charge are in themselves the greatest and must considerable of any in the World. And the Charge of the welfare of them also is comprehensive of the care of all Divine and Humane affairs. And the Division of Affairs into Divine and Humane we assigned to be the first and capital Division of all affairs amongst men. Supra Cap. 1. §. 1. iv If the negatives be enquired into then, and whose charge and right it is not, The Negatives stated; and first, that it is not the charge of any private person. to look after the welfare of these things; First, it is not the charge of any person, or persons purely private: And then it is meant, That it is not ordinarily so: and that because the charge itself is public: for that any public charge should ordinarily belong to a private person, as such; it would imply a contradiction, since the public and private are opposites, and the offices belonging to either are universally different. The offices of the public person respect, primarily, the welfare of the multitude in common; and of the private only that of particular Persons. Jus Publicum (says Ulpian) est, L. Hujus Studii D. De Justitia & Jure. quod ad Statum rei Romanae spectat; privatum est, quod ad singulorum utilitatem pertinet. That the Public Law, and right is, That which belongs to the state of the Commonweal: The Private, that which belongs to the welfare of single persons. In Nicocle. And Isocrates teacheth the distinction of these things; when he commends those orations, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, which teach Princes how they should deal with the multitude; and private men how they should carry them themselves towards Princes. It is true even every private person is obliged to promote the welfare of this public charge, by his Actions every way; But than it is under a general consideration, and in his place, and by his particular actions as a private person; and not upon the account of any such public charge its being committed to him as such. And there may also such a rare case fall out, as wherein a private person may be obliged to put on the Magistrate: as is said of Brutus the Consul; Florus lib. 1. cap. 9 in respect to his being a father, in the decollation of his sons; That Exuit Patrem, ut indueret Consulem; he put off the Father, that he might put on the Consul. V In the second Place, negatively, Secondly, nor the charge of any subordinate Magistrate. it is not the charge of any subordinate Magistrate. And then it is meant Supremely. And that in respect to the dignity of the person. And the reason is, because the subordinate Magistrate hath no power, but what he derives from the supreme as the fountain of Power, as was above mentioned. But in the mean time this doth not hinder, but that the preservation of the welfare of Religion and Government, and the consistency of Religion with Government is the subordinate Magistrates charge less eminently, and subordinately, Cap. 4. §. 6. and as Committed to him by God mediately: and all this as he is subordinate Magistrate; and as such the subordinate Magistrates, in their places, generally, are obliged both to the Supreme Magistrate immediately, and to God mediately to look after it. And if they do not execute the Laws that are made in any Society for the preservation and promotion of the welfare of those things, they stand accountable both to God, and the Supreme Magistrate; to the one temporally, to the other eternally. Thirdly, Nor the charge of the Supreme Church Governor. VI In the third and last place, neither is it the Charge Supremely of any supreme Church Governor in any Society; unless he have the Chief Magistracy, and the Priesthood conjunct, and united in his person. Which may be, de Jure; as will be further evidenced hereafter. Infra Lib. 2. Cap. 6. §. 5. Only the Ecclesiastical person is obliged, in the mean time, not to invade and usurp the power of the Civil Magistrate: But yet, even in the case of such conjunction of Offices also, the Charge mentioned belongs to such an Ecclesiastical person supremely only as Chief Magistrate, and not as Priest. And the reason is, because the capacity of Civil Magistrate is Superior to that of the Priest; Infra Lib. 2. Cap. 6. §. 12, 13. and §. 20. as will be evidenced hereafter also; and then by consequence, the ordinary power of such a person in the capacity of Ecclesiastical is not adequate to the Charge mentioned: But yet this doth not hinder however, but that this Ecclesiastical Person also (of what degree soever in the Sphere of Government in the mean time) is bound in his station, both to God and the Prince, and in the same manner, as was said of the subordinate Magistrate (the different respects being had only to the different nature of their Offices) to promote the good and welfare of such the Magistrates Charge. The Positive asserted (viz.) to whom the Charge mentioned doth belong, and that is to the Supreme Magistrate. Hic Supra §. 1. in fine. VII. It being denied to these that this Charge and Right is belonging to them supremely and ordinarily in any Society; Let us assert positively to whom it doth so belong. And that also more particularly and eminently, and as a Public Charge, and immediately from God, in respect to the Charge itself, as was said above; and that is to the Supreme Magistrate: And that, as to the True Religion primarily and emphatically; and as to the false, to be kept up rather than none, as we said above also. And this Charge is committed to him, because he is the Supreme Public Person. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, But the King is the living Image of God: Says Menander: And so he hath Power adequate to the charge put into his hands (i. e.) over the whole Society in Common; and in respect both to all Divine and Humane affairs. And therefore, in the Scripture, Prayers are commanded to be made for those that are in (Supreme) Authority in special; 1 Tim. 2.2. That under them we may live a quiet and peaceable life in all Godliness and Honesty. And it is the Periphrasis, Apud Homer possim. by which the Prince of Greek Poets so often designs Kings, when he calls them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, The Shepherds of the People. And the Roman Consuls, that came in the place of the Kings, were so called; Says Florus, and the Civil Law; Lib. 1. Cap. 9 D. De Officia Consulis L. unica. consulere se Civibus suis debere meminissent, etc. That they might remember that they ought to consult the good of their Citizens. And afterwards the Senate and people of Rome Conferred the Name of the Common Parent of the Country on the several Emperors. So the People inscribed on the Pillar Erected in the Forum, Apud Sueton. In Julio. §. 85. & in Octavio. §. 58. to Julius Caesar, Parenti Patriae: To the Father of the Country. And the Senate and people saluted Octavius by the Name of Pater Patriae: The Father of the Country. And Magistratus est Medicus Civitatis; beneque praeest, qui juvat Patriam, aut certe laedit non volens, says Thucydides; That the Magistrate is the Physician of the City, Lib. 6. and he doth well in his Praeheminence, who helps his Country, or at least doth not willingly hurt it. Et in hoc serviunt Reges Deo, says St. Augustine, Si in Regno suo bona jubeant, & mala prohibent; Lib. 3. super. Chrysost. non solum quae pertinent ad Societatem Humanam, sed quae ad Divinam Religionem: That in this Kings do serve God in their places; if in their Kingdoms they command good things, and forbidden evil, (viz.) not only those, which belong to Humane Society, but also to the Religion of God. So then, as this is thus the Charge and Right of Princes, and particularly to see that Religion be preserved in its consistency with Government; so also on the other hand, they are obliged, both in the Court of Conscience, and in the Supreme Court of Heaven, to see that their Government be kept in Consistency with Religion. The Kingly Prophet calls to the Kings, and Judges of the Earth; Psal. 2.12. Kiss the Son lest he be angry. And Christ in the New Testament; Whosoever therefore shall break one of these least Commandments, and shall teach men so, the same shall be called the least in the Kingdom of Heaven. And that this is thus on both hands, the Charge and Right of the Supreme Magistrate, it is also further evident both from the Law of Nature, and the Divine Law, and that also of Nations; Who, by compact and general agreement, in relation to these things, treat only with the Supreme Magistrates of Countries, as the persons most properly concerned in them. So in all Counsels and Synods Ecclesiastical, Ecumenical, and others; and that even in the Papacy its self; Princes are first solicited by admonition to Assent, and to send their Divines: And their Ambassadors come to those Assemblies also, for the declaring, and securing of their several Master's Rights, before the Assemblies themselves be opened, and matters passed Authoritatively in them. The conclusive explications of the positive part of the Question subjoined. VIII. This then being the affirmative part in this matter; Let us come last of all to subjoin our further and conclusive explications of it, as was mentioned: And that briefly. The first conclusive, and explicatory proposition. IX. And the first of those is, That this Charge then of the Supreme Magistrate is Primarily and Principally to be looked after by him: And that because it is his Supreme Charge, in respect to the dignity of the thing, and more eminently committed to him by God; and the greatest of any that can possibly be put into his hands in this world: it containing the sum of all Divine and Humane Affairs, In Principe Cap. 4. as is said. Habent Principes, quae eo pertinent, says Cicero, Varios Actus, & conciliorum, & temporum, in summa rerum administranda; & haec gravem curam, diligentiamque desiderat, quam ipse Princeps sustinet: That Princes have divers Acts both of Counsels and Times, which belong to their Office, in the administering the sum of Affairs; and this sum of all, which the Prince sustains, requires a great care and diligence for the management of it. The second. X. The second Conclusive Explication is, that this great Charge of the Magistrates is perpetually and constantly to be looked after; as the wakeful Dragon watched over the Golden Apples of the Hesperideses. And that both because God hath appointed Religion, and Government, and the Consistency of Religion with Government, to be kept up, and maintained perpetually in the world, and so long as mankind shall endure in it; and also because these things are perpetually in danger, as hath been mentioned. And there hath been scarce any more prevalent means then the pretence of Religion, by which innovators, in all States, have arrived at their ends; and scarce any Civil War (which is the worst of all Wars) but what hath either been begun, or maintained by it against the Sovereign Prince. All Histories are full of examples in this matter. And the Sovereign Prince in any society had need beware of the like future attempts, as Seamen of the approach of a Spout at Sea. The third. XI. To these ends then there is a necessity of the Magistrates using the means for his accomplishing them. Media ordinantur ad finem. In Gods very having appointed the Magistrate to arrive at the end, he hath employed and included the appointment of his use of the means to that end. And those means he is obliged to use, both as these things are his charge committed to him by God; and also as they are his Right, and respect his own welfare particularly; and also as they respect the welfare of his Subjects, Supra Cap. 1. §. 12. and Cap. 3. §. 17. and the Common Good, which hath been said to be the last end of all Humane Society. The fourth. XII. The consistency of Religion (in its relative consideration) with Government, includes the welfare both of Religion and Government, (simply and separately taken) because by its very being rendered inconsistent with Government (whether imprudently or maliciously, whether being used as a means to serve men's ends or not) both it is falsified, and Government is at least endangered, and always in some degree or other hurt, and perhaps sometimes totally ruined. And in relation to these respects of these things, principally, we treat of them in our following discourse. XIII. And lastly, the means necessary to be used by the Prince, The fifth and last conclusive explication. for the preservation of the welfare of these things in any Society, are the Laws of an Uniformity in Church matters, in some kind or other in such a Society. And to prove this, and explicate what the Laws and Rights of such an Uniformity are, The conclusion of the First Book. An earnest wish that Princes may take that special care which they ought, to see that their Government consist with the True Religion. both generally and particularly, will be the great intent of what we shall say hereafter. XIV. In the interim we shut up this First Book, with earnest wishes and prayers, That as God hath committed it to Princes to see that Religion consist with Government, so he would direct and inspire them to take that special care, that it behoves them, to see that their Government also consist with the True Religion: And that not only negatively, that it do not hurt it; but positively and eminently, that it may eminently help it. By this they will create in their Subjects minds, a more sacred veneration towards them; and render themselves in their esteem, truly Gods upon Earth. By this they will procure the Divine blessing upon the Government of themselves and their posterity; 1 K. 2.33. 1 K. 11.12, 13, and 32.36. 2 K. 8.19. 2 K. 19.34. 2 K. 20.56 etc. as God was propitious to many future Generations, for his Servant David's sake. By this they will deserve the praises of men to accompany them even beyond their Graves: as the blessed Emperor Constantine (says the Church Historian) Etiam mortuus Regnavit: Reigned even when he was dead. Euseb. de vita Constant. Lib. 4. Cap. 67. Ibid. Cap. 65. and 69. Sozomen. Lib. 2. Cap. 32. Euseb Ibid. Cap. 69. & 73. He was washed first with the warm tears of his Nobility and People, and after buried in a Golden Coffin; and after, his Statues at Rome, and Images in the Coins (like the posthumous Phoenixes) sprang from his enshrined ashes. And last of all, by this these Rulers of men will inherit the places of Kings and Princes eternally in Heaven. DE Jure Vniformitatis Ecclesiasticae: OR, OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES. BOOK II. CHAP. I. The Relation of an Ecclesiastical Uniformity to things Sacred, further, and more particularly distinguished. And that the Ecclesiastical Uniformity is indicated by the Civil. I. AN Ecclesiastical Uniformity, and the rights belonging to it more generally treated of. II. And first, its relation to things Sacred more particularly distinguished. III. The more general and . Arguments for it to be fetched from things Civil. iv The Ecclesiastical Uniformity than is indicated by the Civil, and in what respects. V The conclusion of this Chapter. An Ecclesiastical uniformity, and the Rights belonging to it more generally treated of. Lib. 1. Cap. 1, §. 1. I. THe distinction of an Uniformity into Ecclesiastical and Civil, having been given above; and the Supreme Public Charge, and Right of the Magistrate, directly in relation to all Humane Affairs, and consequentially in relation to the Ecclesiastical sort of that Uniformity, having been stated by us; we come here to treat more generally of the Ecclesiastical Uniformity, and of the Rights directly belonging to it. And first, its relation to things sacred more particularly distinguished. Lib. 1. Cap. 1. §. 2. Lib. 1. Cap. 1. §. 19 II. And first of all, its relation to things sacred, being more generally distinguished of above, is here further, and more particularly to be distinguished. And that according to the fifth distinction of the consistency of Religion with Government above given, and which consistency it is said to be intended principally to effect and preserve. And so that relation of it is either fundamental, or not fundamental. Fundamental, in respect to the greater; and not fundamental, in respect to the lesser matters of Religion. The more general and Arguments for it to be fetched from things Civil. III. The more general and Arguments, for the appertaining of an Ecclesiastical Uniformity to the well being of humane society, are to be taken from the consideration of things Civil, and the state of them in those Societies. iv The Ecclesiastical Uniformity than is indicated by the Civil, and from divers particular considerations of things belonging to it: And that, The Ecclesiastical Uniformity than is indicated by the Civil; and in what respects. 1. From the Uniform Administrations of Public Justice, which do use to be (where conveniently, and without difficulty they may) in Prince's Dominions, and from the tendency of them several ways, to the well being of those Dominions. 2. From the usual Uniformities of Language, and their benign tendency in like manner also. 3. And from all such other Uniformities, in such other the like things. The effects of which use to be the generating a greater union of men in their National Combinations; the establishment of a more facile and firm amity and peace amongst them by their so doing, and the like: And that too from the Natural tendency of these Uniformities to these things in their way, and according to their several modes and degrees in which they have been in Countries. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Polit. Lib. 8. Cap. 1. N. 2. But because there is one and the same end proposed by every City to its self (says Aristotle) therefore it is evident that there is a necessity that all should be ordered by one and the same discipline; Ibid. And that of Common and Public Affairs there should be a Common and Public Institution and Administration. For every Citizen (says he further) is a part of the City; And it is appointed by a certain Law of Nature, Ibid postea. that of the parts, and the whole, there should be a conjunct, and one only Institution. And elsewhere, again; Polit. Lib. 5. N. 20. Seditionis autem segetem, materiamque continet gentis, ac generis dissimilitudo; donec ad unam similitudinem, & consensionem populus adducatur: That the dissimilitude of Nation and Kingdom amongst a people, contains the occasion and matter of sedition, until the people be reduced to one and the same likeness and consent. And all Histories are full of the instances of these things. Graecanicis Institutis (says Herodotus of the Egyptians) uti recusant, In Euterpe, Circ. Med. & (ut semel dicam) nullorum hominum aliorum institutis uti volunt: That they refused to use the customs of Greece; and briefly, they would not use the customs of any other men. And, Paenorum multae sunt, In Melpom. prope fin. & variae nationes; quarum paucae Regi obtemperabant; pleraeque Darium contemnebant; That of those Africans there were many and various Nations; of which but few did obey their King, and most did contemn Darius. Finally the defection and breaking off of the several parts of the Roman Empire; and the like examples of the consistency and inconsistency of Homogeneous and Heterogeneous National Societies in other Histories and Affairs, will be sufficient instances of these things. V But so much for these things here. The conclusion of this Chapter. And we shall come to prove the beneficialness of an Ecclesiastical Uniformity to humane societies by more Arguments, and from the causes and effects of it severally, hereafter; and as we can make our way to those matters, and the declaration of them through other things. CHAP. II. The Healthfulness of Religion to Humane Societies. The ordinary Causes of Religious Contests assigned: From thence the necessity of some Unity to be held, as to matters of Religion. The benefits of Charity and Peace ensuing upon it; and how much they are commanded in Scripture. I. THE Healthfulness of Religion to Government, and Civil Society, evinced. II. Therefore all Atheism, and lesser degrees of Profaneness to be expelled out of humane Societies. III. Public Contentions about Religion a grand cause of these things amongst men. iv The lawfulness or unlawfulness of Religious Contests stated. V The ordinary causes of unlawful Religious Contests assigned. VI The first ordinary cause of such unlawful popular contentions. VII. The second ordinary cause. VIII. The third ordinary cause. IX. The fourth ordinary cause of such Religious contests. X. From hence the necessity of some kind of Unity to be maintained in matters of Religion. XI. Unity the Mother of Charity and Peace. XII. A distinction of Charity. XIII. The benefits of Charity and Peace amongst men to the Christian Religion. XIV. The benefits of them to Government. XV. The benefits of them also to the consistency of Religion with Government. XVI. And lastly, how much they are Commanded in Scripture. AN Ecclesiastical Uniformity then relating thus to Religion, The healthfulness of Religion, to Government & Civil Society evidenced. and the matters of it; and being after this manner indicated by the Civil; the healthfulness of Religion to Government, and Civil Society will be easily acknowledged. And that whether it be of the True Religion, by its procuring the Divine Blessing upon these things, and by its being so eminently helpful to them otherwise, as I have said; or of any false, Supra Lib. 1. Cap. 4. §. 3, 4, and 6. if it be but even by its accustoming men to the exercise of Conscience towards a Deity; or so far forth as it partakes of the Natural Precepts of the True, Lib. 1. Cap. 4. §. 3. and 5. and in its other Precepts consists with Government negatively at least, as hath been supposed; or as to its being better than none, by its procuring temporal blessings in its way and measure from God, and in many other respects. 'Tis that that Pomponius Mela says of the Druids amongst the Galls. De orbis situ Lib. 3. Extima Galliarum Ora. Vnum ex iis quae praecipiunt; in vulgus effluit; (videlicet) ut forent ad Bella meliores; aeternas esse animas, vitamque alteram ad manes: That one of those things which they did teach, did fly abroad amongst the Common people (viz.) That they might be the more fit for War; That the souls of men were immortal, and that there was another life to be expected in another world. And such and the like are the natural effects of any thing, but so much as apprehended under the notion of Religion, on the mind and actions of men: And therefore Aristotle (and the like all other Commentators on Government) accounts Religion to be the chief thing, without which a Civil Society cannot subsist. Quintum vero, ac praecipuum, Polit. Lib. 7. §. 41. Cap. 8. says he (viz.) necessarium ad Civitatem) est sacrarum, ac divinarum rerum cura, quod Sacerdotium nominant: The first and principal thing necessary for the preservation of a City, is the care of Sacred and Divine things, which they call the Priesthood. Ibid. Lib. 9 §. 43. And therefore he cautions further, That the Priesthood, for that very reason, is to be committed only to fit and able persons. And these and the like things have been acknowledged concerning Religion in all Ages, and by all wise and discerning men. Lycurgus' the ancient Lawgiver of the Lacedæmonians; when he was asked, Why he appointed so small things, and so little of value to be offered to the Gods (as the Law of Moses also appointed the poor woman's Offering for purification, a pair of Turtle Doves, or two young Pigeons, Levit. 12.8. and the like) He answered, Because we should never cease to honour them. Plutarch. in Lycurgo. L. Veluti. F. De Justitia, & Jur. De natura Deorum, Lib. 1. And in the Old Civil Law, Pomponius says, that to be of some Religion is the Law of Nations. And, Pietate adversus Deos sublata, fides etiam, & Societas humani generis, & una excellentissima virtus Justitia tollatur necesse est, says Cicero. That, Piety towards the Gods being taken away, it will necessarily follow that both all Faith and Society of mankind, Pro Planc. and together with them the most Excellent Virtue Justice, be taken away also. And, Pietas fundamentum est omnium virtutum, parentem ut Deum vereri etc. That Piety is the foundation of all virtues, of the honouring one's Parent as a God, etc. And, Nunquam usquam respublica stetit sine specie aliqua Religionis, Lib. De una Religione. says Lipsius; Quanta igitur verae illius vis est, cujus umbra sustinet hanc molem? That never any Commonwealth stood without some show, at least, of Religion; How great is the force therefore of that True Religion, the very shadow of which supports so great a weight? Eugubinus Lib. 1. Contra Vallam. And, nihil melius in terris homines habent ipsa pietate: est enim Religio dux in Caelum, in Terris autem fons Justitiae; qua bene, beateque res humanae Gubernantur. That men have nothing better in this world than the thing called Piety: for it is the guide of them to Heaven, The fountain of Justice in the Earth; and by which humane affairs are well and happily governed. And the like all the Ancient and famous wise men of the several parts, and Ages of the word have taught. So the Socratic Philosophers, and the later followers of Plato: so the Ancient Chaldeans; The brahmin's amongst the Indians; the Persian Magis; The Greek Theologists; their Poets and others; all the writings and precepts of these men have ever asserted Religion as the Soverane Balm of humane Society. And because of this so great healthfulness of Religion it is; that all Laws, as well as purely out of that primary respect which is due to God; have both commanded and countenanced those things which have made to the upholding the public esteem, and honour of it; and also have prohibited and punished all those things, which have detracted from it in any Society. So, amongst the Abassines; the Ceremonies of the Emperors and his Nobilities going in Procession to the Church on certain days; Their falling down on their knees there; Their adoring the Cross, and the like; and the People's entering not in at any time, De Aethiopum morib: Inaliis literis Imperator. ad pontiff. Roman. Script. An. 1524. De Abassinorum rebus, lib 1. Cap. 20, 21, etc. In Confess. fidei Aethiop. post medium. De Turcarum morib. Epitome. Epistola nuncupator. & De Templis seu Meschitis eorum. In novo Rational. Dinor. offic. lib. 1. cap. 6●, etc. De ritibus Eccles. Cathol. lib. 1. cap 24. Et alibi passim. vid. Capitulare Ca●oli Mag. etc. Lib. 1. L De Confugio ad Eccles. & passim. And Fletcher's History of Russia, Chap. 21. prop. fin. Vid. Mosen Kotsens in Sanhedrim fol. 188. Col. 4. And Levit. 24.16 Deut. 17.2, 3, 4, 5. Deut. 13.6, 7, 8, 9, 10. Levit. 20.2, 6, 27, etc. De Repub. Hebraeor. cap. 6. & alibi. De legib. Dial. 4. but having first put off their Shoes; and the like many other things, for the promotion of the popular esteem of Religion, are recited by Damianus Goes, Godignus, Chytraeus, and others. And the like also by Georgieviz amongst the Turks. And the like by others which are in use also in other Churches. And the like account do De Rubeis, Durantus, and the other Rationales of the Church of Rome give of their too numerous company of Ceremonies: and under the Law of Moses, God himself appointed those of the Judaical Church for this end mentioned, and such others. To this end also amongst others, have all Privileges and Immunities been conferred on ecclesiastics. Those so conferred by Moses his Law, and amongst the Heathens of all Countries, and in the Christian Church. The Code and Novels of Justinian, and the Theodosian Code are full of them. The like are to be seen in the Laws of Charlemagne, and which are in use at this day amongst the Russians and others, and conferred on Churchmen, and Churches: and the like also have been the ends of the Celebration of Public Festivals of all sorts. And lastly, this is one great end of the Celebration of all Sabbaths (whether real, or pretended) in their several kinds. Of the Friday's, Saturday's, and Sunday's, at this very day, amongst the Jews, Christians, and Mahometans. And last of all, God himself appointed Moses to exercise his very Political Government by the Divine Laws and dictates of his own mouth: and the Persian, and Turkish Mahometans Govern by their Alcoran pretendedly in like manner: and the Church of Rome by its unwritten Traditions, in a great part, at this very day. And as these things have been Constituted for the upholding of the honour of Religion positively; so negatively in the same manner also, have all things been prohibited which have detracted from it. By the Divine natural Law of Moses, the Blasphemer, the Idolater, the person having a familiar spirit, the Wizard, the Witch, and the like, were to be stoned to death. And as Bertram and others vulgarly observe; these weighter causes; as respecting the Civil State, as well as purely the Ecclesiastical; were determined by the seventy, and the chief magistrate presiding, and swaying ultimately in the determination of them. Next to Moses, the like humane Laws are advised by Plato, in his books of Laws. He gives Charge, That the Citizens of his Commonweal; That they may the better obey their Governors; be instructed in the Doctrines of God's vengeance on those that do ill, and of his favour and goodwill towards them that do well. Ibid Dial. 9 And he condemns Sacrilege to death, and the like. If we look into the Christian Church, Vid. Can. 69, 70, 71, 72. in the first place those Ancient Canons called the Apostles depose, and excommunicate either clerics, or Laics, who should practise any Rites of the Jews or Gentiles. So also the Roman Civil Law pronounceth it to be Crimen Publicum, a Crime against the Public. L. Nemo ea; C. De Paganis, & Sacrificiis, & templis. L. Manichaeos' seu Manichaeos'; C. De Haereticis, & Manichaeis, & Samarit. Vid. C. lib. 9 De maleficis, & Mathemat. & Caeteris simil. L. Nullus; & L. eorum; & L. nemo; & L. multi, etc. Et Novel. 77. in Praefat. & Cap. 1. Et Imperator. Leonis Constitut. 65, etc. So much as to take knowledge of the Pagan Superstition: and as such a Crime it condemns the Doctrine of the Manachees, and Donatists, and gives the reason for it, Quia quod in Religionem divinam committitur, in omnium fertur injuriam; because that which is committed against the Religion of God, is an Injury done to all. So also it prohibits the Heathen Auruspices, Augurs, Soothsayers, the Mathematicians of those times, Chaldeans, Magicians, Enchanters, disturbers of the Elements, and the like; as Moses his Law doth. It forbids Blasphemy, profane Swearing by the Hairs of the head, and the like usual Oaths of the times, as the New-Testament doth. The Laws concerning these and the like things, are to be seen up and down in the Code, and Novels, and the subsequent parts of the Body of the Law. And the Doctors say, that as Heresy is to be punished any where, both because the Heretic sinneth against God, who is every where, and also because whithersoever he goeth, retaining his obstinacy, there still he sinneth; so also that it is to be punished upon both accounts, and as a mixed fault, both against God immediately, and also the Civil Magistrate. And the like have been the Laws of the later Christian Princes in their Dominions generally. Disputat. lib. 1. Cap. 12. And Machiavil spends a good part of a Chapter upon the proof of it, how much Religion makes to the conservation of the Commonweal; And that it was the cause of the Imperial power its failing in Italy, because of the innovations of the Roman Religion. And he instanceth in the Heathen Romans, Ibid cap. 13. Cap. 14. cap. 15. their oftentimes (although he should have added wickedly, even as to their false Religion) using their Religion as a Politic Instrument, in the times of Sedition at home, and Wars abroad. And the like many other things might be said to this purpose. Therefore all Atheism, and lesser degrees of profaneness to be expelled out of Humane Societies. De legib. Diol. 10. II. These things then being so, no man will doubt but that all sorts of Atheism, and lesser degrees of profaneness whatsoever, are rightly to be expelled out of Humane Societies; and that all the causes of these things are, in order to it, to be removed; and the contraries to them to be established. Of Atheists Plato assigns two grand sorts amongst men; the one the secret and hidden Atheist; the other the open and declared. And because the Cognizance of man cannot reach to the secret one, therefore he is necessarily to be left to God; and the open one is to be extirpated by Humane Laws. There are also opinions concerning the Deity which amount to as much as direct Atheism; De legib. Dial. 10. in princip. such Plato recites to be that of Gods not taking any care of Humane Affairs; and that of his being easily pleased, and propitiated in case of Sin. The like of late Grotius and others recite also, De jure belli, lib. 2. cap. 20. §. 45. instancing in these things. And other lesser degrees of Profaneness there are, both in thought, and external Action; and the causes of both are to be removed, although the things immediately cannot. Public contentions about Religion a grand cause of these things amongst men. III. Many then are the Causes of these Enormities amongst men. And, amongst others, in an especial manner, ordinarily, all open, and public contests about Opinions in matters of Religion. Nam Ecclesiae dissentionem quovis malo graviorem Sentio, said Renowned Constantine; That he thought Church dissensions to be the worst of evils to a Common-weal, and that for this very reason mentioned amongst others. The matter of such Church contests then may be either just, or unjust; But as to the manner of holding of either, If vulgarly and popularly permitted, they ordinarily fail not to produce those Enormities mentioned: and that partly through the Infirmities, and partly through the Corruptions of men; Both which two Grand causes of all Mischiefs in Humane Affairs will be more particularly treated of anon. Infra lib. 2. cap. 5. The Emperor Marcianus therefore gives the very Reasons mentioned of his forbidding these Contentions. C. De Summa Trinitate. L. nemo Clericus Nemo Clericus, vel Militaris, vel alterius cujuslibet conditionis De fide Christiana publice, turbis Coadunatis, & Audientibus, tractare conetur in posterum; ex hoc Tumultûs, & persidiae occasionem requirens. That none, neither Clerick, nor Military man, nor of any other condition whatsoever should endeavour, for the future, to handle any matters of the Christian Faith, with Companies gathered together, and hearing of them; and from thence seeking occasion of Tumult and Treachery. And so the Emperors Leo and Athemius, concerning those that were permitted to go forth of their Monasteries. L. Qui in Monasteriis C. De Episcop. & Clericis. Caveant autem high, qui ita exibunt, ne de Religione, vel Doctrina disputent; vel conciliabulis praesint, vel, turba concitata, simpliciorum animos seducant, etc. But let these beware, who shall so go forth, that they do not dispute concerning Religion or matter of Doctrine; or that they do not head private Counsels, or stir up Companies, Lib. 2. cap. 7. ad finem. whereby to seduce the minds of the Simple, etc. And we shall come to describe, and evidence more particularly hereafter, how much such Religious contests make to the hurt both of Religion, and Government, and the consistency of Religion with Government. iv In the interim, contentions about matters of Religion, The lawfulness or unlawfulness of Religious contests stated. in the general, are taken either in an ill, or good sense; and so are accordingly, either lawful, or unlawful: And that either as to the matter contested, as was said just now, or the manner of contesting it. And as to either Lawful, when they make either to the confounding of Heretics; or the clearing, and advancing of the Faith: and Unlawful, when the contrary. And so the Imperial Laws determine in this matter. But then the respects which such Contentions bear to Government, and Religion's consistency with it, as well as those which they bear to Religion simply taken, are to be supposed to be understood in this determination also. V The causes of such ordinarily unlawful contentions then, The ordinary causes of unlawful Religious contests assigned. as we have mentioned, and which are ordinary and common amongst men, and therefore proportionably to be watched over by the Governors of all Societies, are these that follow. VI First of all, The first ordinary cause of such unlawful popular contentions. the false application of the Immortal Notion of Religion to things, (i. e.) when they are taken, and voted to be matters of Religion in a more eminent Notion than they deserve, and are prosecuted with zeal and violence accordingly: And that whether imprudently, and out of Ignorance; or maliciously, and for evil ends, it matters not; so long as, both ways, they are so prosecuted with Zeal, and consequently such a cause of Contention. And these Contentions about such matters of Religion (and as all other) are ordinarily very sharp. In Confess fidei Aethiop. apud Damianum à Goes. So Zaga Zabo in his Confession of the Ethiopian Faith, recites it concerning the Portugals, their branding his Countrymen with the names of Jews and Mahometans; because of some differences of theirs about Circumcision, and the Sabbath. And Cromerus recites the like, Poloniae lib. 1. prop fin. concerning the Russians hatred of the Romanists; Ista ut nihil commune habere velint cum Latinis, That it is such, as that they will have nothing common with the Latins, De omnium Gent. Morib. lib. 2. De T●rtaria. as they call them. And Johannes Boemus Aubanus Teutonicus, concerning the Tartars, that, Papam, Christianosque cunctos Canes appellent, they call the Pope, Annal. Turcic. lib. prope fin. & in supplemento Annal: in quarto, circa med. pag. 134, 135, 137, 138. and all Christians Dogs. And the like Leunclavius concerning the Turkish and Persian Mahometans, that their differences about their Prophets are the ordinarily assigned causes of their mutual wars; That they burn the Books of one another; call one another Heretics; and that it is a Maxim pronounced by the Turkish Mufti, and held popularly amongst the vulgar, That it is more acceptable to God for a Turkish Mahometan to kill one Persian than seventy Christians. And such as we have mentioned, are the Contentions many times in the bowels of the same National Church, and about things either indifferent, or dubious, or else very remote from the Fundamentals of any Religion (either True or False,) and so accounted to be by all but those that kindle the flames about them. Such were the differences betwixt the Sects amongst the Jews; some of them mentioned in the New Testament. So the Pharisees used peculiar kinds of Apparel, R. David, Sophon. 1.8. and Habits; They would not eat till they had washed their hands, Matth. 15.2. They washed their Cups, and Potts, Brazen Vessels, and Tables, Mark 7.4. They wore broad Phylacteries, and the like. And the Sadduces and others differed from them in such things. Joseph. De bell. jud. lib. 2. cap. 12. Philo, de vitâ Contemplativa. Josep. ibid. Philo. ibid. So the Essens wore white Garments, drank Water, bound themselves by an Oath to preserve the names of Angels, kept seven Penticosts in the year, and the like. The like Contentions also have been in the Christian Church; nay, they have cost Christendom more blood, than the Martyrdoms have done. Such were the Contentions in the Primitive times of its prosperity, under Constantine, and the following Emperors, and mentioned in the Catalogues of Heresies, and by Eusebius, and others, in their Ecclesiastical Histories. Such those, about the time of observing Easter, Euseb. lib. 5. Cap. 22.23. Sozom. lib. 1. cap. 14. Euseb. ibid. cap. 24. about the manner of Fasting; for difference in which Victor the Roman Bishop excommunicated no less than all the Churches of Asia; and the like. Such are those also amongst the remoter Regions of Christians at this day (viz.) the Greek Church, the Moscovians, Russians, Jacobites of Syria, Palestine, and other places, concerning the Celebration of the Sacrament with unleavened bread; concerning Carved and Massy Images; the substance of Angels; and the like. Such also have been the late Controversies nearer home about many points in Church Government, and concerning the modes of service, and the like. But I need not say any more for the evidencing this matter, since it is sufficiently observable from the experience of all Ages, concerning the Heresiarks in several Countries and Churches, when they have had any Heresy to spread, or any ends to serve in a schism; That they have not thought they have done enough, unless, besides the grand Heresy of their Sect, they have had also certain differences in lesser things (cried up for greater) by which to distinguish their parties, and to keep them at a more complete and farther distance from others. So Mahomet, as hath been mentioned, besides what he hath done in the grand assertion of his Prophetical Office, Supra Lib. 1. Cap. 2. §. 7. hath distinguished himself also by many other things, from the followers of Christ. So also the Church of Rome, besides what she hath done in the derivation of the fundamental Papal Rights from St. Peter, hath distinguished herself from other Christian Churches by other lesser matters, and the like. And the like other instances might be given. The Disciples of Christ, in the New Testament, have enjoined moderation and meekness, and the like, in case of difference about such things, Phil. 4.5 Gal. 6.1. and forbidden doubtful disputations before the weak, Rom. 14.1. But men have prosecuted them with Fire and Sword: But yet here is a distinction to be made of Doctrines inconsiderable in themselves, and such as are made considerable by accident in any case. Such may be the lesser Doctrines in any Church, when the Churches Lawful Authority and respect, that is to be given to their Government, depends upon the defence of them. Such may be also the Doctrines contested either in Churches, and more particularly by the members of them mutually; or by Churches, and betwixt them more publicly: But in either case, however they ought not to be so unlawfully contested, as we have said, and to the greater prejudice of the common good of humane affairs. VII. In the second place; The second ordinary cause. the second ordinary cause of such contentions amongst men, is the great variety of opinions, that is amongst them, especially amongst the vulgar, and more illiterate, heedless sort of men, if they come once to sit in the chair of Judgement: And all that variety prosecuted by as various and contradictory sorts of Zeal also. And this, both variety of opinions, and of prosecution of them ever hath been, and ever will be, when occasion is given for it: And the causes of it shall be assigned hereafter. In the interim, while every single person almost, Infra Lib. 2. Cap. 7. §. 6. & alibi. accompanied with such zeal, opines differently from another; it is no wonder if the buckler be taken up on all hands, and that actual contests arise, if opportunity be given for their arising, and it be permitted by Authority in any Church to be so. But in the mean time, as to the Scripture, in this matter (although some things in it be hard to be understood, (2 Pet. 3.16.) yet it hath declared (as St. Augustine says) the Doctrine necessary to Faith and Manners, De Doctr. Christi. Lib. 2. Cap. 6. so plainly, as that by comparing of Scriptures, and the diligent use of a man's Reason, and of the other means which God hath prescribed in this case, (for these things are required) the natural knowledge of them may be certainly arrived at. And any Church also is supposed, in its setting forth of any Rule, or Canon, or Doctrines, according to its occasions, to declare the sense of Scripture in all things in it, as plainly as it can: But however, all men are not capable of making the due use of these, or the like means of information: And generally they do, and ever will differ in their opinions, both concerning these and other things. The third ordinary cause. VIII. Let us come to the third cause of these contentions, and that is, the mixture of men's private passions with their zeal, in such matters of Religion; Their passions of Pride, and Ambition, Anger, and Revenge, and the like: and these are enough (like Phaeton's Chariot of the Sun) to set all the world on Fire. And this mixture happens either at unawares, and men not discerning it; and so sometimes to the very best of men; as the Divine Apostles themselves, in their seeming zeal, in the Scripture, would have called for fire from Heaven, as Elias did: Or else men entertain it voluntarily and knowingly; and so both evil and good men also, through humane infirmity, and the prevalency of their passions over them, frequently do. And in either of these cases, how much men use to differ mutually in affection, as well as in opinion, the World sufficiently knoweth. The wise man saith, that, through pride cometh contention; Prov. 13.10. And, Senec. in Thyestes. Chorus. Ira, cum magnis agitata causis, Gratiam rupit, cecinitque bellum; Otium tanto subitum e tumultu Quis Deus fecit? When Anger, being stirred up by great causes, Hath broken off all Amity, and sounded the Alarm to War; What God is there, that hath made a sudden quiet Out of so great a Tumult? The fourth and last ordinary cause of such Religious Contests. IX. The fourth and last cause, ordinarily in the world, of such Religious contests then, is yet greater than any of these; And that is, the mixture of men's worldly interests with the defence of their opinions, (viz.) of those their opinions, whether they be taken up only pretendedly, and in order to the promoting of such interests, or else have any real being in men, and those interests do mix only by the casual concurrence of affairs with the defence of them. But yet still in either case, what more potent charms to throw men into contentions, than those interests so mixed are? Is it not men's love to these things, that hath power to delude them into a change of their opinions? (as the wise Author of the History of the Counsel of Trent saith, Hist. Council of Trent, Lib. 8. That, Thus it happeneth, as in humane affairs, so in Religion also, that one's credulity is changed with his interests.) And is it not it also, that hath power to make men eagerly defend them? Is it not for these interests, especially so mixed, that men have drained their veins? And is not for these also that they have parted even with Heaven itself? All times and Histories, and Records of Humane affairs, are full of instances in this matter; we need not here stand to give them. X. From these things than it is evident, From hence the necessity of some kind of Unity to be maintained in matters of Religion. what a necessity there is, that in the Government of any Society whatsoever, there should be some kind of Unity in matters of Religion, maintained amongst men: and that both for the removal of these unlawful Religious Contests, and the occasions given by them to such Atheism and Profaneness, as hath been mentioned; and also for the begetting of such Charity and Peace amongst men, as may be healthful to all their Divine and Humane affairs. How much tumultuous and popular contests about Religion, prejudice all the affairs of men, I shall describe hereafter: Infra Lib. 2. Cap. 7. §. 9, 10, 11. Ibid. §. 9 And what occasions they give to Atheism and profaneness I shall touch upon also: And I shall here by and by give an account of the benefits of Charity and Peace, on the contrary, to humane Societies; and how much also they are commanded in the Scriptures. In the mean time, an Unity in matters of Religion, is that, that all men would have in Churches, and Public Societies. All Laws and Counsels, all the public writings of Societies, and the private of particular men have ever made mention of it, and wished it; but none yet have sufficiently described what manner and kind of Unity this should be. The New Civil Law mentions the promotion of it a thousand times, and in all the parts of the body of it. And in the Code of Theodosius, Edictum, quod de unitate per Affricanas Regiones clementia nostra direxit; per diversa proponi volumus, ut omnibus innotescat, etc. The Edict, concerning Unity, which our clemency did direct to be published throughout the Regions of Africa, we will have published by the dispersing of divers Copies of it, that all may take notice of it, says the Emperor's Arcadius, Honorius, and Theodosius, Cod. Theodos. Lib. 16. de Religione L. Edictum. and the like in other places: And in other particular Laws of Countries and Territories, although never so small. The Laws and Statutes of the City of Geneva, take a care, That the people be kept and conserved in peace and unity, See p. 2, 3. The manner and form of the oath, etc. and that the Ministers do keep the purity and concord of Doctrine, and the like. So also the Ecclesiastical Canons of Counsels, and the other writings mentioned. XI. That then, that is to be said here concerning it, is, Unity the Mother of Charity and Peace. That unity in the general, is the mother of Charity, and Charity the mother of Peace. And what kind of Unity it is, that may possibly and ordinarily be attained to in matters of Religion amongst men, shall be hereafter evidenced. In the mean time, Infra Lib. 2. Cap. 8. §. 5, 6, 7, 8, 9, 10, 11, 12. it is for these reasons mentioned, and because unity is the productrix of such excellent things to Humane Societies, that it hath ever been endeavoured after, and pressed upon men by all Laws both Divine and Humane, as is said: Behold, how good and pleasant a thing it is for Brethren to dwell together in Unity! says the sweet singer of Israel. Psal. 133.1 etc. And the prosperity of Jerusalem is compared to that of a City, which is united within itself. Psal. 122.3 Jo. 17.11. And it was the valedictory prayer of Christ himself for his Disciples, that they might be one. And the Precept of St. Paul to the Ephesians, to keep the unity of the spirit in the bond of Peace. To this purpose it is also, and for the promoting this unity, that the Imperial Laws call the Faith, The Catholic Faith; Vid. C. lib. 1. De Episcop. & Cler. L. Deo nobis. Ibid. De Episcopali Audient. L. Nemo vel in foro. C. lib. 1. de summa Trinit. Epist. Joh: Pap. Inter Claris. ibid. eodem in residuo Epist. Liquet igitur. and the Church, The Catholic Church; and the Christian Religion, The Catholic Religion, and the like, (viz.) for the begetting in men an unity, by putting them in mind of their being all wholly of one and the same only Church of God. 'Tis this unity that there is so frequently an express mention made of in those Laws. Custodientes statum & unitatem sanctarum Dei Ecclesiarum; Preserving the State, and the Unity of the holy Church of God. Et, quae apud vos est unitas sanctarum Ecclesiarum, inturbata servabitur. And that unity of the Holy Churches which is amongst you shall be kept undisturbed: Et ad unitatem Ecclesiae reverti voluerint, That they would return to the Unity of the Church. And, Deum autem, & salvatorem nostrum Jesum Christum exoramus, quatenus vos dignetur Custodire in hac vera Religione, & unitate, etc. we pray God, and our Saviour Jesus Christ, that he would vouchsafe to keep you in the true Religion, and unity. And as to all that Communion which is so much mentioned upon all occasions in the Apostolical Canons, the several famous Counsels of the Primitive times, etc. That is one sort of it, which is meant, that flows from this unity, which we have mentioned. So then, how fare forth such unity may make to unity of minds and affections amongst Christians, and to Charity, and Peace consequent upon it; it will be declared by us hereafter more particularly in the several places of this discourse proper to these things. A Distinction of Charity. XII. In the interim, Charity is twofold: 1. That which may be called Negative (i. e.) so far forth as it may be called such, where there is only an absence of dissension, and the causes of dissension amongst men. 2. Positive, And that is that which proceeds from a Positive and particular union of minds and affections. Amongst the one sorts of persons, properly; Amongst the other, improperly, there may be said to be Charity, and Peace following upon it. And how much it is to be wished that both these, especially this last and most noble sort of Charity; both whether it be Christian, and as to matters of the True Religion; or only common, and as to other things; were amongst men; we shall next evidence from the more particular Assignation of the benefits which such Charity and Peace will bring to the public affairs, both of Religion and Government, and the Consistency of Religion with Government; and how much also they are commanded in Scripture. The benefits of Charity, and Peace amongst men to the Christian Religion. In Homil. 11. XIII. We shall first than instance in the benefits accrueing from them to (the Christian) Religion: and those are many every ways. Charitatis cum sit proprium (saith St. Gregory) nutrice concordiam, servare Composita, conjungere dissociata, dirigere Prava, & virtutes caeteras perfectionis suae lumine solidare; quisquis in ejus Radices se inserit, nec a veritate deficit, nec à fructu inanescit. That, since it is the property of Charity to nourish Concord, to preserve things joined together, to conjoin things separated, to direct ill things, and to consolidate the other virtues by the light of its perfection; whosoever doth insert himself into its Roots, neither doth go aside from the Truth, neither doth wax barren of fruit. And the like is that of Guicciardine, Hist. lib. 16. concerning the mutual peace of the Christian Princes, Nihil Sanctius, nihil magis necessarium, nihil Deo gratius communi inter Christianos Principes Pace futurum video; Sine hac enim Religionem, Pietatem, & hominum mores in apertissimum perniciem ruere, vel manibus tangi potest. I do not see any thing, says he, that would be more sacred, more necessary, more acceptable to God, than a Common Peace amongst the Christian Princes: For, without this, it may easily be perceived, that Religion, and Piety, and the manners of men do tumble violently into the most open destruction. Peace and Charity are those things, which remove out of Societies all that Atheism and Profaneness, all those infinite Scandals and offences, which come by popular contests about Religion. Peace and Charity are those things which are the praise and the Glory of the outward profession of Christianity; and that both as to those that are without, and as to those also that are within; by making both of them to think well of that Religion which effects the Practice of such excellent things. As the Heathens, heretofore, could cast their Eyes with admiration upon these things in the Christian Church. Vide ut se invicem diligant, Tertull. Apologet. ut pro alterutro mori sint parati; See how the Christians love (said they) So that they are ready to die for one another. Peace and Charity are the things that are so beneficial to the Practice also of the Christian Religion. They leave the ministers in the Christian Church, at leisure to preach; and the People at leisure to practise the Precepts of it. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Bacchylides, in Paeanibus. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Peace brings forth very great Benefits to men, says he, It is that brings it to pass, that the members of Oxen Flame On the beautiful Altars of the Gods, and also those of the Fleece-bearing sheep. Last of all, Peace and Charity are the things, which make even to Spiritual sanctification, and the comforts flowing from it, and distilling into Peace of Conscience. They invite the holy Ghost from Heaven to dwell in men; who will not ordinarily dwell where the works of the flesh are; such as are hatred, variance, emulations, Galat. 520, 21. wrath, strife, seditions, heresies, envyings, and such like, says the Apostle. They fit men also for the receiving him, and all spiritual joys accompanying him; by leaving them free to exercise divine meditation, and their minds open to receive all these things. Spiritus enim Humanus (says St. Augustine) nunquam vivificat membra, De Civ. Dei. nisi fuerint unita; sic Spiritus Sanctus nunquam vivificat Ecclesiae membra, nisi fuerint in pace unita; That the spirit of Man never Enlivens the members of his body, unless they be united; and so neither doth the spirit of God ever enliven the members of the Church, unless they be united in Peace. Ad Martianum. So that thus it is, as he says also elsewhere; Dilectio est pacis unda, Ros gratiae, Charitatis Imber, Semen Concordiae, affectus Gentium, Amoris fructus, & ad Summum dilectio Deus: That love is the spring of Peace, the dew of Grace, the shower of Charity, the seed of concord, the affection of Nations, the fruit of good will, and in brief, Love is God. The benefits of them to Government. Polit. lib. 2. Cap. 2. §. 16. Lib. de vertig. XIV. The like are the benefits of these things to Government. Amicitia enim summum Civitatibus esse bonum censemus, says Aristotle, That he thinks mutual friendliness to be to Cities the greatest good. And, Hae dicuntur beatissimae Respub: quae plurimo tempore in Pace vixerunt, says Zenophon; That those are reputed to be the most happy Commonweals, which have continued the longest time in Peace. In Julian. Orat. 1. And, Optima est Concordia, & ut una consentiant Civitates, gentes, familiae, etc. says Nazianzen. That Concord is the best thing in the world, and that Cities, and Nations, and Families, etc. should agree together. Peace and Charity are the things which are contrary to Division, Parties, Factions, Tumults, Wars; and which prevent all those Ruins, that come by these things to Government, and Civil Society. Nam nec privatos focos, nec Publicas leges, nec libertatis jura clara habere potest, quem discordia, quem caedes Civium, In Philip. quem bellum Civile dilectat, says Cicero of Marius, and Sylla; That he cannot account dear neither the private Families, nor the Public Laws, nor the Rights and Liberties of his Country; whom discord, whom the Slaughter of Citizens, whom Civil War delights. In Clio. And the like Croesus in Herodotus, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Neither is any man so mad (says he) as to wish for War rather than Peace; for in Peace the Children bury their Father; but in War the Fathers bury their Children. Peace and Charity are those things, which maintain an Harmony in men's minds, both towards themselves mutually, and also towards their Governors. Peace and Charity are those things which nourish Order in the Public, and Justice in the Courts, and Learning in the Schools and Academies; and all the Moral virtues in the mutual Society of Neighbour and Neighbour, and which are Nurses to the welfare of Humane Society in the Common. Finally, Peace and Charity are those things, which bring all manner of Prosperities along with them to commonweals. In Ps. 84. Duae sunt Amicae, says St. Augustine; Justitia, & Pax; ipsae se Osculantur: Si Amicam Pacis non amaveris, non te amabit ipsa Pax: That there are two friends; Justice and Peace; and they kiss one another: And if thou dost not love the friend of Peace, neither will Peace itself love thee. And Euripides, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉! etc. And how much is Peace better than War for men! Which, first of all, is most grateful to the Muses, And opposite to mourning, and rejoiceth in the increase of mankind, And is delighted with Riches. And the like Aristophanes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. O fool, fool, All these things are in Peace, That a man may live in quiet at his Country Farm, Free from the businesses of the Courts, Possessing his own Yoke of Oxen, etc. And the Historian Relates it of King Mycipsa, Sallust: De bello Jugurthino. that when he was about to die, he called his sons to him, and warned them to be at Peace, and Unity; adding, That by Concord, small things grew to be great; But that by Discord, great things grew to be small. And, last of all, that we may speak what is the sum of all in this business; and that is, That the Peace of their Societies is the last thing Temporal which all Governors aim at in the management of their public affairs; and for the attaining of which they themselves also are by God set up over men. See 1 Tim. 2.1, 2. and the like places of Scripture. XV. The like are the Benefits of these things also to the consistency of Religion with Government. The benefits of them also to the Consistency of Religion with Government. Charity and Peace are those things which in themselves every way keep Religion in its consistency with Government; and which prevent the many occasions given to the corruptions of men by Contests, Tumults, and Wars, and the like, to render it inconsistent with Government. And thus then, by all these, so considerable things, it is, that Charity and Peace are thus beneficial to the affairs of men; and create even the Golden Age, as it were, of humane Societies. XVI. And then, last of all, And lastly, how much they are Commanded in Scripture. how much are these things also commanded in the Christian Scripture? In the Law of Moses all the offices of Charity, Love, Mercy, and Hospitality, are strictly enjoined to be practised in Israel, Exod. 22.21. Thou shalt not vex a stranger, nor oppress him. And vers. 22. Ye shall not afflict any widow or fatherless child. And Levit. 19 Thou shalt not defraud thy Neighbour. vers. 13. Thou shalt not go up and down as a Tale bearer. 16. Thou shalt not avenge nor bear grudge against the Children of thy people: 18. But thou shalt love thy Neighbour as thyself. And Deut. 22.1. Thou shalt not see thy brother's Ox, or his sheep go astray, etc. And all these and the like particulars were enjoined in the General, in the second Table of the Ten Commandments. And the like also in the New Testament. The Peacemakers are pronounced Blessed, Matth. 5.9. And love to God and our Neighbour is said to be (causally) the fulfilling of the Law. Rom. 13.10. And Matth. 22.37. That on these two commandments hang all the Law, and the Prophets. And 1 Joh. 4.8. God himself is said to be Love. And Christ sets it as his Badge and Cognizance upon his disciples, Joh. 13.35. That by this shall all men know them to be his Disciples, if they love one another. And 1 Pet. 3.11. Seek Peace, and pursue it. And Heb. 12.14. Fellow Peace with all men. And Rom. 12.18. If it be possible, and as much as in you lieth, live peaceably with all men. Finally, Moses his second Table is Eminently confirmed in the New Testament: and the like to these things is the whole Tenor of the Christian Scripture. See 1 Joh. 4.16. 1 Joh. 4.20, 21. Joh. 15.17 Rom. 12.10 Rom. 13.8. Galat. 5.14. 1 Pet. 2.22. And therefore we are bid to love our Enemies, Matth. 5.44. And God is called the God of Peace, Isa. 9.6 Luk. 2.14. and Christ the Prince of Peace; And the Angels from Heaven proclaimed Peace upon Earth, at his Birth; and his Disciples appointed a Kiss of Charity, and lou-feasts, and the like in their times, for the preservation of these things in his Church: And all the secular Laws of Princes have ever called for Peace, and Love, in their several Societies, upon these and the like accounts. And although it hath been used by inconsiderate men in the World, to have been accounted coldness in Religion; if upon every trifling occasion (concerning matters Divine) not only the private, but the public Peace also hath not been broken; yet these Scriptures, and the constitutions of Religious Princes (according to them) will always call upon them to lay their hands upon their hearts, and to consider of all these things, which have been mentioned; both in relation to Religion, and Government, and their mutual consistency. God writ them in the hearts of men, especially of Christians, in all Humane Societies; and let his Pen be the Pen of an Adamant; and let his Writing never be blotted out. CHAP. III. The description of the Rights directly belonging to men in an Ecclesiastical Uniformity. And first, of the Primitive Liberties, both Civil and Ecclesiastical, which belong to the People. And first, of the Civil, and of its Right of being preserved. I. THe distribution of the Rights directly belonging to an Ecclesiastical Uniformity. II. The Primitive Rights of the People assigned: And first, of their Civil Liberty. III. Liberty in the general, defined and distinguished. IV. Laws in the general defined and distinguished. V A Subject defined. VI And lastly, the Liberty of the Subject defined also. VII. The worth of Liberty. VIII. That the liberty of the Subject aught to be preserved to him in an Ecclesiastical Uniformity. IX. The great reason of the restraint of private persons by Law. I. THe division of the Rights relating to the matters of an Ecclesiastical Uniformity into such as relate to them, The distribution of the Rights directly belonging to an Ecclesiastical Uniformity. either directly, or by consequence, having been hinted by us above: There are three sorts of persons, amongst whom the Rights directly relating, or belonging to those matters, are also to be divided: And that both primitively, and derivatively; more generally, and particularly. The first of those sorts of persons is the Prince or Chief Magistrate in any Society; the second, the Priest, or Ecclesiastical Ministry, as it is distinguished both from the Prince and People; and the third and last, the People (viz.) the whole body of them, and as it is comprehensive of all (besides the Prince) both clerics and Laics, in the capacity principally of Church members. The Primitive Rights of the people assigned: and first, of their Civil Liberty. II. We come first then to assign the Primitive and more general Rights belonging to those sorts of persons: Of the derivative, and more particular we shall treat hereafter. And first, the Primitive Rights of the people are to be laid down: And those are the primitive Liberties or Latitudes which belong to them, de Jure, and of Right, in relation to the Ecclesiastical Laws of Princes, and their obedience to be performed to them. And those Liberties also are either Ecclesiastical, or Civil; and we shall treat first of the Civil Liberty, and that is, the Liberty of the Subject in any State. And we shall first unfold what it is, and afterwards evidence its right of being preserved, in the matters of an Ecclesiastical Uniformity. Briefly. Liberty in the general defined, and distinguished. De Jure Belli. Lib. 1. Cap. 1. §. 5. III. Grotius then rightly defines Liberty, in the absolute, and most general notion of it, to be Potestatem in se, a power, or faculty in any man of disposing of himself, as he pleaseth. But then, as it is referred to men, it must be meant of a moral, not of a natural power; for there is no such natural power, as hath been said, in men; and such power, or faculty, may be restrained or tied up two manner of ways; Supra Lib. 1. Cap. 3. §. 10. either by mere force, without right; or else by the exercise of a right inherent in any one, so to restrain it; and than it is said to be restrained by Law. Laws in the general defined and distinguished. IV. Laws are those things by which all Government is exercised: And they are either Divine or Humane. The humane are those here concerned; And they are certain binding constitutions, made by the Legislative Power in any Society. Lex a ligando, says Aquinas, Primaesecundae quaest. 90. Art. 1. and other Etymologists. Et sicut, per nervos corporis Physici, compago solidatur; sic per legem, quae a ligando dicitur, corpus politicum ligatur & servatur in unum, says Fortescue: That, as by the nerves of the natural body, De laudib. legum Angl. Cap 10. the whole frame of it is fastened together; So by the Law, which amongst the Latins is derived from binding, is the political body bound together, and preserved in Unity. And Euripides, Hecuba. Strophe. 5. Agamemnon. prope fin. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Heu, non est mortalium qui sit liber, Aut pecuniarum enim servus est, aut fortunae; Aut multitudo eum Vrbis, aut leges scriptae Urgent, ne utatur, pro arbitrio, moribus. Alas, there is no mortal man, who is free, For either he is a servant of money, or of fortune; Or else the multitude of the City, or the written Laws Urge him, so that he cannot be at liberty in his behaviour. And the Legislative Power in every society, is that, which de jure, and of right, hath the power of making such Laws. A Subject defined. V A Subject is one born in a state of subjection to Laws. And, it being the essential property of Laws to induce an obligation upon him that is in subjection to them, it is evident, that so far forth as the Laws (according to the divers frames of the policies of Countries) do induce an obligation upon any Subject, he is not, by right, at his own liberty in things. VI From these things than it is easily resolved, And lastly the liberty of the Subject defined also. what is the liberty of the Subject, in Civil things, (viz.) that liberty, whatsoever it is, that is left to him by the Civil Laws of any society. VII. There are two Rules in the Civil Law; that of Paulus, that, Libertas inaestimabilis res est: Liberty is a thing inestimable. The worth of liberty. F. de Reg. Jur. Reg. 106. F. Eodem. Reg. 209. And that of Ulpian, Servitutem mortalitati fere comparamus: We compare servitude almost even to death itself. So that it cannot be supposed, that the Subject, as a member of any Society, either aught to have his liberty unjustly entrenched upon, or else should be stated under any legal obligation to part with his liberty, but for some weighty reasons. VIII. That the liberty of the Subject aught to be preserved to him in an Ecclesiastical Uniformity, That the liberty of the Subject aught to be preserved to him in an Ecclesiastical Uniformity: D. De Justitia & Jur. Lib. 10. The great reason of the restraint of private persons by Laws. Supra Lib. 1. Cap. 3. §. 17. & Ibid. §. 9 & Cap. 1. §. 12. De Legibus. it is sufficiently evident from hence, because it is his right: For he which deprives another of his right, transgresseth against the Law of Justice. Justitia est constans & perpetua voluntas jus suum unicuique tribuens, says Ulpian: That, Justice is a constant and perpetual will, affording to every man his right. IX. And the just restraint of private persons, in the mean time, by Law, is for the common good, the great end of all humane society, as hath been mentioned; and in which the good of every one of those private persons is supposed to be included. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says Crysippus, That Law is the Queen of all divine and humane affairs. And the Hebrews have a proverbial saying, Remember to pray for the Kingdom; for if there were not Public Authority, a man would swallow down his Neighbour, as the great fishes do the small. And for this reason, amongst others, all Laws and Customs of Nations in the world have ever taken a greater care of, and had a more solemn respect to the persons of Supreme Governors: They have celebrated their birth-days; they have appointed them Guards; they have punished treason with the extremest tortures, and most exemplary kinds of death; and the like. And it is the principal immediate meaning of the Promise annexed to the Fifth Commandment in the Tables of Moses; that Israel should honour and obey their several succeeding Sovereign Princes, as their political Parents; That their days might be long in the Land of Canaan, which God had bestowed upon them, as such a society. And great are the benefits which men enjoy by Laws, (viz.) the security of their Lives, Liberties, and Estates; and as appears from the desperate state of a man outlawed, as Bracton mentions concerning such an one in England. The same, saith he, Lib. 3. Cap. 13. who of late hath been usually called Vtlaugh, was heretofore called Friendless-man; Nam forisfacit Patriam, & Regnum; item forisfacit amicos, & omnia quae pacis sunt, & ea quae legis sunt, & omnia quae juris sunt, & possessionis, & actionem; & caput gerit lupinum, ita ut ab omnibus interfici poterit: For he puts himself out of doors from his Country, and the Kingdom, and from the benefit of his friends, and the peace, the Law, and all right, and possession, and any action at Law whatsoever; and he wears a Wolves head, so that any one may kill him. CHAP. IU. Of the Primitive Ecclesiastical and Spiritual Liberties, which belong to the People in an Ecclesiastical Uniformity: And of the several Obligations, and Rights, relating to them. I. THe Primitive Ecclesiastical, and Spiritual Liberties of the people described and asserted. II. The three sorts of them assigned. III. Christian Liberty defined and distinguished. iv Liberty of Judgement distinguished and defined. V The Liberty of exercising men's judgement of discerning asserted. VI The due limitation and restraint of the same. VII. Liberty of outward actions ought to be regulated by Humane Laws. VIII. The concession of the use of the means of Grace, in any Christian Church, necessary to the attaining to the principal part of the purchased Christian Liberty. IX. The concession of the use of the means of knowledge in any Christian Church, necessary also to the exercise of men's judgement of discerning. X. What the ordinary means of Knowledge and Grace are. XI. That the Bible ought to be conceded to the Laity. XII. The Public Ordinances also ought to be Celebrated in the Vulgar Tongue. 1. THe Civil Liberty of the people then in an Ecclesiastical Uniformity, being thus described and asserted; The Primitive Ecclesiastical and Spiritual Liberties of the people described and asserted. we come next to the Primitive Ecclesiastical and Spiritual Liberties belonging in like manner to them; and to the describing and asserting of them in their due manner, and of the several Obligations and Rights relating to them. The three sorts of them assigned. II. And there are three sorts of Ecclesiastical Liberty, concerning men in an Ecclesiastical Uniformity: And those are, their Christian liberty, their liberty of Judgement, and their liberty of Profession, and outward action. Christian liberty defined and distinguished. In compendio, etc. loco, de libertate Christiana. & vid. Petri Martyr. locos common. etc. III. And first of all, Christian Liberty is a purchased thing; a thing purchased for Christians, as a privilege, by the merits of Christ, and therefore belonging to them only as Christians. And it consists, says Zanchy, and other Theologists in their common places concerning it, in freedom from the curse of the Law, and from the burden and yoke of it, both Moral and Ceremonial; and from the particular effects and consequences reduceable to these generals: and therefore belongs to Christians, partly as such by profession, and partly as such by special Grace: But, it being a thing wholly spiritual and internal, it comes not under the reach and cognizance of Humane Laws, and so cannot possibly either be diminished, or taken away by men, nor from men, while Christians. And therefore the complaints, many times thrown about amongst the inconsiderate people by Innovators in the Christian Churches, and commonweals, that Governors go about to rob them of their Christian Liberty, when they only limit them by due restraints, are in themselves vain and causeless; neither is it possible that Christian Liberty should immediately and in its self, any ways concern the good or evil of Humane Society. Liberty of judgement distinguished and defined. iv Liberty of Judgement, in matters of Religion, comes under a twofold distinction. First, it is distinguished according to the two different sorts of objects of the intellectual faculty in man: And so it is, 1. That of the practical judgement, in relation to actions, and things to be done. 2. That of the speculative, in relation to things to be believed; and those either matters of Faith, or matters of Opinion, as those terms are ordinarily understood by Divines. Secondly, it is to be distinguished either in respect to the Obligation lying upon the intellectual faculty, and consequently on the will, to assent and consent to things; (to assent to things speculative, to consent to things practical) or else in respect to the bare exercise and employment of it, in order to the fixing such assent and consent mentioned. And the first of these is ordinarily called, Liberty of Conscience; the second, Liberty of the Judgement of discerning. Liberty of Conscience, so taken, respects principally matters practical; and so it consists in conscience, it being free from obligation to any thing, except the commands of God. And that it is so free, says the Scripture, James 4.12 Rom. 14.1. And those commands of God are either mediate, or immediate. And liberty of Judgement of discerning, respects both matters practical and speculative universally; and consists in its being free from any prohibition of its being exercised about those things. But still both these sorts of liberty, being things internal, they also cannot possibly be diminished, nor taken away by man, neither do they in themselves concern Humane Society. V That this liberty of exercising the Judgement of discerning, The liberty of exercising men's judgement of discerning asserted. as it is largely taken, and in the general, about all matters of Religion, is, and always hath been conceded by God to men; it is evident both from the light of Nature, and from the Divine Law: And the use and enjoyment of it is a grand natural right belonging to men. First, it is evident from the light of nature; in that God and Nature have endued man with such Judgement of discretion, for this very end, that he might use and exercise it in all things indefinitely: And so upon that account he is obliged to do it, wheresoever occasion requires. And if in all things that concerns him and his welfare, then in matters of Religion especially; or else such judgement should be bestowed, as to those most weighty things, upon him in vain. It is the saying of Cicero, De Nat. Deor. Lib. 3. in princip. Cum autem suo cuique judicio sit utendum, difficile est factu me id sentire quod tu velis; That, since every one is appointed to use his own judgement, it is a hard thing for me to think just what you would have me to think. And Plutarch, In Timole onte: Oportet non modo ut quod agitur sit honestum, sed ut firma & constans adsit persuasio: It behoves us to look to it, that not only what we do be honest, but that also there be in us a firm and constant persuasion of the honesty of it. And Pliny, Quod dubitas, ne feceris: Lib. 1. Epist. 29. Strom. Lib. 1. That which thou doubtest of, do not do. And Clemens Alexandrinus, Veritatis amator, Plato, veluti a Deo incitatus, dixit, ego sum ejusmodi, ut nulli alii credam, nisi rationi; quae mihi consideranti optima visa est: That, the lover of Truth, Plato, as it were inspired by God, said, I am of that mind to believe none else but Reason, which to me considering, seems to be the best. Secondly, from the Divine Law, in that it doth every where advice and command the use of such judgement of discerning in matters of Religion to men, and where they properly concern them. See 1 Thes. 5.21. Prove all things, hold fast that which is good. And 1 Jo. 4.1. Believe not every spirit; but try the spirits, whether they are of God. And 1 Pet. 3.15. Be ready always to render a reason of that hope that is in you. And Mat. 24.4. See that no man seduce you. And Luk. 12.57. Why do ye not of yourselves judge what is right? All which, and the like Texts, if they do not advise men to make use of their Reason for the choice of their Religion; Against Knot. 1 Part. Chap 2. §. 116. then I must confess myself (says Mr. Chillingworth) to understand nothing. VI But yet this liberty of the use, The due limitation, and restraint of the same. and exercise of men's judgement of discerning in an Ecclesiastical Uniformity is appointed to receive (as all other things in their several respects they bear to the good of humane affairs) its due and just limitations: And that in relation both to persons and things. The distinction of persons here concerning it, is, that of men divided into the vulgar, and more intelligent. And this distinction of them is common to all Societies. The distinction of things, Hic supra §. 2. Supra Lib. 2. Cap. 1. §. 7. and matters of Religion, are partly those here already mentioned; and partly heretofore (viz.) of Doctrines, into Doctrines of Belief, and Doctrines of manners: And those of Belief, into Doctrines of Faith, and Doctrines of Opinion: And both those of Belief and Practice, either into Doctrines more or less Fundamental; and consequently either more or less concerning the Good of men; and then no wonder if consequently also, either more plainly or more obscurely revealed in Scripture: And those also concerning the good of men, either so concerning it ordinarily, and in themselves; or else by accident, and in some particular case; and as to some particular persons: And that good also either their temporal, in this world, in a less eminent notion; or their eternal in another, in a more eminent. And, according to these distinctions both of persons and things, is the use of this liberty in matters of Religion, in all Societies to be limited: And that as it respects the last end, which was mentioned, of all Society, the common good of Humane Affairs: and that is, that to persons intelligent, and who are sufficient to judge of such things, God and Nature have allowed the liberty of the ordinary exercise of their judgement of discerning universally, and according to the latitude of its adequate object, and in relation to all the sorts of Doctrines mentioned; and that for many reasons, relating both to the good of Religion and Government, and the Consistency of Religion with Government: But to the Vulgar, and persons insufficient actually, Infra Lib. 3. Cap. 13. §. and ordinarily not so, as shall be more particularly declared hereafter. Liberty of outward actions ought to be regulated by Humane Laws. VII. Liberty of Profession, and outward actions, as to matters of Religion, is a thing clearly different from these two sorts of Liberty already mentioned. And because the use of it, immediately, and in itself, cometh under the cognizance of men; and in its effects also, reacheth to their persons and affairs, therefore it ought to be regulated by Humane Laws. And it is to be allowed, or not allowed by the Chief Magistrate, and so consequently used, or not used by private persons in an Ecclesiastical Uniformity, according to the present circumstances of things; and as it makes, or makes not to the Glory of God, and good of our Neighbour, as a member of all Humane Society, (i. e.) To the welfare of Religion or Government, or the Consistency of Religion with Government. This liberty of Profession, and outward Actions, as to matters of Religion, is that which hath been used in all Ages, to have been falsely cried up by corrupt men, either for Christian Liberty, or liberty of Conscience, according as either would serve their turns, when they have affected any Innovations or Change of Government, either Ecclesiastical or Civil in any Society. And liberty of divulging men's Judgements or Opinions in matters of Religion, is one main part of this liberty of outward actions. VIII. The principal part of the purchased Christian Liberty, (viz.) The freedom from the Gild of Sin, The concession of the use of the means of Grace, in any Christian Church, necessary to the attaining to the principal part of the purchased Christian Liberty. Hic supra §. 1. the Curse of the Law, &c. cannot be attained to, but by a man's being endued from God with special Grace; because that is the condition of the Covenant of Grace in the Gospel, belonging necessarily, as is said, to the attaining to it. And therefore it is evident, that the use of the means of Grace, by which such Grace is ordinarily to be attained, aught by the Chief Magistrate in an Ecclesiastical Uniformity to be conceded to the people. And they have a Right to it both by the Natural and Divine Law: By the Natural, as the means is necessary to the end in the general: and by the Divine, as those particular means are appointed by it, as necessary to that particular end. Faith cometh by hearing, saith the New Testament, Rom. 10.17. and Hearing by the word of God. This Faith meant there, is the Fundamental Grace of a Christian, his primum vivens, and ultimum moriens; and by hearing the Word of God is meant, the use of any of the means of Grace. IX. Knowledge, in the Doctrines of Christianity, The concession of the use of the means of Knowledge in any Christian Church, necessary also to the exercise of men's judgement of discerning. is also necessary to the exercising a man's Judgement of discerning about them, because by Knowledge it is, that he distinguisheth of things; and the things must be known that are to be judged of: And therefore it is evident also from hence, that the means of Knowledge, in the Christian Religion (without which ordinarily such Knowledge cannot be attained to) ought in like manner, to be conceded to the people by the Chief Governor in any Church; and they have a right to them also by the two Laws, both the Natural, and the Divine; by the first of them primarily and more generally; and by the second secondarily, and more particularly. X. The ordinary means of Knowledge and Grace here meant, What the ordinary means of Knowledge and Grace are. are those things which are appointed by God and Nature, for the ordinary obtaining of them: And therefore they are commonly called the Ordinances or Appointments of God in the Christian Church, in respect to them. Such are especially his Public Ordinances of Prayer, reading the Scriptures, and singing of Psalms, or Hymns, Preaching, and the like: Such are also the like things to be made use of in private, (viz.) the Bible especially, and other good Books in the vulgar Tongue, to be read, thought on, conferred about, and the like. That the Bible ought to be conceded to the Lai●y. XI. That the Bible ought, in an Ecclesiastical Uniformity, to be conceded to the Laity in common, to be made use of by them to these ends mentioned; and notwithstanding that to the grosser and more insufficient part of them, the use of their judgement of discerning is not actually, ordinarily, and universally by God, and Nature, conceded to them, as was said but now; Hic supra §. 4. It is evident from the Bible itself, and the Divine Law of God and Christ contained in it. In the Old Testament, the use of it was so commanded to the Laity amongst the Jews, Deut. 6.6. And these words, which I commanded thee this day, shall be in their heart; and thou shalt teach them diligently unto thy Children; and shalt talk of them by the way; and when thou sittest in thy House, and when thou liest down, and when thou risest up, etc. And in the New Testament, the same was commanded also, John 5.39. Search the Scriptures, for in them ye hope to have Eternal Life, and they are they which testify of me. And, if this be not so, why was the Old Testament written in Hebrew, the vulgar Language of the Jewish Nation? And why was the New Testament written in the Greek, the Language most vulgar also, to those Countries in which it was first written and taught? Per Europam, De veritate Christianae Relig. Lib. 3. §. 15. Asiam, & Aegyptum; quibus in locis Graecus Sermo vigebat, says Grotius: Throughout Europe, Asia, and Egypt; in which places the Greek Language did then flourish. And so also both of the Testaments continue in those places, and to those people, to whom those Languages, and so much of the ancient purity of them as is preserved, are common to this day, for aught any Revelation that there is from Heaven to the contrary. And the unwritten traditions (whether in the Romish, or any other part of the Christian Church) for the Licentiating of the Bible, and which stand in direct opposition to the plain written Scripture in these things, are not rationally to be believed. The Public Ordinances also ought to be celebrated in the vulgar Tongue. Poloniae Lib. 1. prop. fin. XII. And lastly, that the Public Divine Service, and the use of the Ordinances of God in the Churches, in an Ecclesiastical Uniformity, ought also to be in the vulgar Tongue (so as Cromerus says it is with the Russians, and Chytraeus with the Armenians, the Waldenses, and others) it is as evident. It is the saying of Padre Paul the Venetian (although himself also in Communion with the Church of Rome) in his History of the Council of Trent; That, In Oratione, cum post reditum ex Austria, etc. Circa Med. De Armeniis. Ibid. in Boemia prope fin. Lib. 6. Folly 578 he that would know what Language is to be used in the Church, needs only to read the fourteenth Chapter of the first to the Corinthians; and it will sufficiently inform him, though his mind be never so much prepossessed with a contrary opinion. Thus then for these things. CHAP. V. A more particular consideration of the two Grand Causes of all Mischiefs in Humane Affairs, (viz.) the Weaknesses, and Corruptions of men: And more particularly of their Influence on the Public Charge of the Magistrate, the thing to be preserved ultimately by an Ecclesiastical Uniformity. I. THE Causes of all Mischiefs to the Public Charge of the Magistrate distinguished. II. The Persons ordinarily guilty of the Faults of Imprudence. III. Their guilt evidenced. iv Their particular faults instanced in, in the particulars of the Magistrates. V The frequency of their errors and offences in this kind. VI The persons ordinarily guilty of the Faults of Malice. VII. The causes exciting them to the commission of such faults. VIII. The impetuousness and violence of those exciting Causes. IX. Certain Doctrines in the Christian Religion made use of by these Persons for the promotion of their several ends. X. Of all things in the world the Charge of the Magistrate is most likely to be invaded by them. XI. Of all Persons in the world the Person of the Magistrate is most likely to be invaded by them also. XII. The Conclusion drawn from all these things. I. THe Divines distinguish all sins committed against God, The causes of all mischiefs to the Public charge of the Magistrate distinguished. into voluntary and involuntary. The involuntary are those which are committed imprudently, and without knowledge and intention; and the voluntary those which are committed knowingly and maliciously. The same distinction is here to be given of all faults committed in Humane Affairs, as hath been hinted already more than once: And more particularly against the public charge of the Magistrate in an Ecclesiastical uniformity. Lib. de virtutibus Juv. Sat. 1. Imprudentia rationis est vitium male vivendi causa, says Aristotle; That Imprudence is a fault of men's reason, and a cause of their ill living. And that of the Poet may be ordinarily applied to every Age▪ Nil erit ulterius quod nostris moribus addat Posteritas; eadem capient facientque minores. Omne in praecipiti vitium stetit— That there will be nothing farther for Posterity to add To our manners; the younger will receive and do the same things. Every vice is readily practised— And although it be true in both these Cases, what the Schools say in Divinity, that— Veniam dabit ignorantia Culpae; That, Ignorance in the Person offending is one thing, which may excuse from guilt, as to the offence itself, either in tanto, or in toto: Yet however the outward effects and consequences of both these sorts of offences against the charge of the Magistrate, are those things which are to be taken cognizance of, and considered principally by Humane Laws. And it follows then, that in respect to the mischiefs done by them, either sort of offences may be either more or less equally heinous; and so as that both of them are to be watched over by the chief Magistrate in any Society. Saepe honestas rerum causas, Hist. lib. 1. Orat. Contra Ctesiphont. inadhibias in Judicium, perniciosi exitus consequuntur, says Tacitus. That oftentimes pernicious ends do attend honest causes of things, unless you consider how to prevent them. And Aeschines, improbum ingenium, magnam potestatem adeptum, publicas importat Calamitates: That a Mischievous wit, having attained to great power, brings public calamities upon men. II. The faults of Imprudence then are the first in order here to be treated of. And the Persons ordinarily guilty of them in any Society are those, The Persons ordinarily guilty of the faults of imprudence. who in all Writings and Ages have been loaded with so many Epithets designing that guilt of theirs; (viz.) Prophanum, Rude, Imperitum, Ignobile vulgus; The Barbarous, Rude, Unskilful and Ignoble Common people. Their guilt Evidenced. III. Their being ordinarily subject to this kind of offences is evident from two things. 1. From their own aptness to run into such, and all other sorts of faults, and Errors. 2. From their easiness to be lead into them by others. 1. Their own aptness proceeds from their Ignorance, Heedlessness, and unskilfulness in Affairs, and the like, in all Writings deservedly Attributed unto them. 2. They are also Consequently as easily led by others. And that 1. By Shows. 2ly; By Custom: And that also by reason of their Heedlessness, Simplicity, and Foolishness mentioned. Wherefore they are rightly called a body without a Breast. P. Aemyl. lib. 8. And Nihil est facilius, Declam. 11. says Quintilian, quam in quemlibet affectum movere populum; That nothing is more easy, ●hen any ways to affect the People. And Plebs suapte natura, Hist. lib. 17. says Guicciar●●ne, semper novarum rerum cupidicum facile vanis erroribus & falsis persuasionibus repleatur, ad còncitantis arbitrium, ut maris stuctus à ventis impellitur. That the Common People being by their own nature desirous of new things, seeing they are easily filled with vain errors, and false persuasions, they are driven along at the pleasure of him that stirs them, as the floods of the Sea by the wind. Ad Caesar. And the like is that of Sallust: Multitudo vulgi more magis quam Judicio post alium alius quasi prudentiorem sequitur; That the multitude of the Common people, by Custom more than by Judgement, follows the one after another, as if he were in the mean time the wiser. Their particular faults instanced in, in the particulars of the Magistrates Charge. iv We will farther instance a little in their more particular faults, respecting the particulars of the Magistrates charge mentioned. 1. As to Religion: And their faults in respect to it have been evident in all Churches, and Religions. How easy they have been to admit of any thing, any the most absurd deceits, and Impostures, under the Sacred Notion of Worship, and Divine precept! So in the Ancient Heathen Religion, and as the Scripture Records Testify, they worshipped Stocks and Stones, (i. e.) not only Relatively; but the vulgar, those very things for Gods. Horat. Serm. Lib. 1. Sat, 8. Cum faber incertus Scamnum faceretne Priapum, Maluit esse Deum— When the workman uncertain whether he should make a Form, or Priapus, Would rather have it to be a God.— They held for Tenants all the other the most incongruous Precepts of their Religion: and were easily led, either by their Priests, or others, to the holding of them. The like in the Religion of the Jews at this day: They have the Doctrines of their Religion delivered to them concerning the days of their Messiah; That then they shall have a sumptuous Banquet provided for them (viz.) out of a Bull of the Mountains, created and fatted for this very end, which shall be able to eat up the Grass of a thousand Mountains in one day; and every night it shall grow up again. And out of the Fish Leviathan, and the Bird Juckna, one Egg of which is of that Bigness, that, if by chance it were cast out of the nest, it were enough to beat down three hundred Cedars, and to drown with its liquor Sixty Villages. The like Doctrine they have concerning other things. And although Menasse Ben Israel, and others, their later more learned Rabbis, De Resurectione lib. 11. cap. 19 interpret these things in a Parabolical and Spiritual sense; yet the Common People in all Ages have made no Bones to swallow down the belief of the letter of them, and to take it (like the Mahometan's Paradise) for their happiness in another World. The like also in the Religion of the Turks: Avierus. lib. 2. cap. 12. Johan Leo lib. 3. cap. 12. Aphric. Mahomet had but his Alcoran bound up in a handsome Volume, and caused a Wild Ass to be taken, and the book to be tied about his neck; and as he Preached, upon a sudden fell into a Rapture, as if something had been revealed to him from Heaven, and so presently broke out, and told the people, That God had sent them a Written Law from Heaven, and let them go to such a desert, and they should find it tied about an Ass' neck; and they presently received it. And as for their Reward, for the observation of his Law, he delivered to them the low and homely Parable of the Ramm, Bernard. in Rosar. part. 1. Serm. 10. That at the end of the world he should be transformed into the likeness of a mighty Ramm; and all behung with Locks, and long flieces of Wool; and that they should be as Fleaes sheltering themselves in them; and that he would give a leap into heaven, and so convey them all thither. And these things still as matters of Religion and Faith, were so allowed well enough, even in their gross and literal sense, by the simple people. Last of all the Christian Religion also is not free from the mixture of the like gross impostures in several parts of the World, where it is professed. He that will take a view of the wild practices of the late Anabaptists in Germany; of the deceits and fopperies of Rome; of Muncer's laughing, and crying out, (when he was pulled with red hot Pincers for deceiving the People) that they would have it so; of the weep and Miracles of Images in the Romish Church; of the Indulgences and Sales of Pardons up and down in the streets, and market places of Spain, and Italy; and the like things; will quickly acknowledge it. And other Eastern Churches have the like in them also. And finally, abundance of these things are at this day experimented upon the simple people in other Religions also. The Turkish and Persian Mahometans; the several sorts of the Gentues or Gentiles dispersed up and down in all the Provinces of India, both within and without Ganges, the vast Kingdom of China, the Isle of Japan, and the like Eastern Countries, ordinarily described by Historians and Geographers; are all of them great instances of these things. Their Bramines, or Priests, teach them the Pythagorean Doctrine of Transmigration of Souls; and they nourish Apes and Monkeys to receive them at their Death. They teach the women to be voluntarily burnt or buried alive at the Funerals of their Husbands; and they also being so taught, contend earnestly amongst themselves which of them shall take that cruel lot; and so are zealous Suicides. And the like other things, are recited concerning them, and their Customs also heretofore, Vid. Polyhist: Cap. 65. De Indiâ. by Julius Solinus and others. And any the like Doctrines which their Priests deliver to them are as easily digested by the simple vulgar. So that thus it is with the vulgar, as to the first part of the Magistrates Charge, they being weak and fit to be lead. And this is yet further observable concerning them, that they are so always ruled by Shows and Customs; That when any where there happens a Change of Religion (and be the change of it in itself, never so absurd, and never so much opposed by them at its first setting up; yet) if it be but accompanied with fair shows, and good pretences, Custom, sometimes in a very little time, but always ordinarily in one Age, will make any Religion currant with them. 2. The like Errors they are apt to run and be led into also in respect to Government, either Ecclesiastical or Civil; either of themselves, or by these Pretences, and Custom. The Greek and Roman Histories, in the several mutations and hazards of their Governments, are full of examples in this kind. And the People still have been drawn either to obedience by their Governors; or to Rebellion by the Leaders of Factions, by these things. And the pretences of Reformation, and liberty of Conscience, and Christian liberty, as to matters of Religion, and of liberty of the Subject in matters Civil, have been the common Lures of all Innovators, by which they have drawn them to them in all Ages and Societies. So in the Sacred Records, and under the Government of Israel; the people oftentimes ran themselves into Murmur, Tumults, and the like, Vid. Exod. 14.10, 11. Exod. 16.2, 3. Exod. 17.2, 3. Exod. 32.1, & 4. Numb. 14.1, 2, 3 4.5, 6, etc. Num 16 1, 2, 3. 1 Sam. 15.1, 2, 3.4, 5, 6. In Clio. against Moses and Aaron, their Church and State Governors. And although the Politicians use to say, That a multitude, without some one to lead them, is not to be esteemed of; yet when they are either in such actual madness, or in a disposition to it, it is seldom that there wants some head or other to lead them. So also the company of Corah were led away by him, under Pretence of Religion; and in David's time the followers of Absalon by him, under the pretence of Liberty of the Subject. So Herodotus recites it concerning Pisistratus, that he recovered his Tyranny, which he had lost, at Athens, by putting a Woman, one Phya, into the Habit of the Goddess Minerva, and by having her driven along the streets in a Chariot to the Temple of the Goddess by some crying before her, O ye Athenians receive again Pisistratus, whom Minerva herself brings back to you! and the people presently performed Divine Honours to the Woman, and received Pisistratus. So also the Roman Senate, in Livy, Decod. 1. lib. 3. when the People were in Sedition about the Lex Terentilla, recalled them, by telling them out of the Sybilline Oracle, That unless they abstained they should that year lose their Liberty. The like is said of Minos King of Crete, concerning his betaking himself into retirements, and coming forth and dictating his Laws, as from the Gods. The like of Lycurgus his consulting Apollo's Oracle; and of Zaleucus amongst the Locrians. The like also did Camillus the Dictator in his Siege of Veii: Livius. Dec. 1. lib. 5. The Soldiers being weary and ready to departed; the Albanian Lake swelling above his banks; he interpreted the Oracle sent from Delphos concerning it, that then they should win the City. He marcheth out before the Soldiers, And, Tuo ductum, inquit, Pythice Apollo; tuoque numine instinctus, pergo ad delendam urbem Veios: Under thy conduct, saith he, O Pythian Apollo; and being inspired by thy Deity, I go forth to the razing of the City Veii. And so he won the City. The like also is recorded of Scipio Africanus, Apud Liv. Dec. 3. lib. 6. that he accustomed himself to deceive the multitude, even from his youth: and that he never went about any public or private affairs, before he had entered alone into the Capitol, and sat there for some time; and he used this all his life; and at his coming forth, the multitude obeyed his words as Oracles, and at the last accounted him a son of the Gods. The like is said of Quintus Sertorius his leading a White Hart along with him as his Instructress from the Gods: And of L. Sylla his lifting up a little Image of Apollo, sent to him, as he said, from Delphos, and in the sight of the Soldiers, so often as he came to fight a Battle, he praying to him to hasten his promised Victory. The like is said in the Mahometan Annals of Mustapha, his leading a Sedition by feigning himself a Prophet: Apud Leunclav: Annal. Turci. Paulo post princip. n. 79. ibid. paulo post. n. 92. Ibid. in Suplement. Annal. prop. med. n. 1576. Fol. 43. lib 1. Of Amurat his feigning his War to be given him in command from Heaven: Of the Turks being stirred up against the Persians by the Interpretations of Dreams, and the like. The like also is said of Charles of Bourbon, General of the Emperor's Army in Lombardy, in the late History of the Council of Trent: That when his Soldiers wanted pay, he caused a Halter to be carried near his colours, saying, that with that he would hang the Pope; and by that slight he overcame that and other difficulties. And last of all, the like practices were in the late Civil Wars in England: In the beginning of them, Versutissimi Homines, says the Historian, De Religione actum; Dr. Georg. Bateus; In Elencho motuum: parte 1. p. 16. de libertate publicà conclamatum; leges in summo periculo versari passim clamitant: That there were some Crafty men, who did noise it up and down, that Religion was destroyed; the Public Liberty lost; That the Laws were in extremest peril. And afterwards Cromwell the Usurper was said to be wont to go aside from his Council, to seek God, as he said, for a Resolution. And he blinded even the weaker sort of them also by it: And he had his State Divines, to put the fair Glosses of Heroic motions of the Spirit upon his foulest Actions, and the like. Thus than it is with the people in respect to matters of Government also; and where such sleights are made use of, if they be well managed, and there be opportunities given, they seldom fail of prevailing with them. 3. The like errors are the multitude thus subject to also, in respect to matters concerning the Consistency of Religion with Government. The frequency of their Errors and Offences in this kind. V And lastly; And that we may sum up all; how frequently have all these things concerning the heedless multitude been in the World? All Chronicles of times and Histories of Humane Affairs are full of the Precedents and Examples of them. The more honest and sober of the Greek and Roman Orators heretofore always complained of the people's wilfulness in being deceived. So Demosthenes; Orat. Pro. Ctesi. phonte. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That while the Common People and multitude did not foresee things to come, it was beguiled by Tranquillity of life, Ibid. and daily Idleness. And Again, Itaque multitudini hoc usu venit, ut, pro infinita illa & intempestiva desidia atque ignavia, libertatem amitteret: Therefore this is common to the Multitude, by reason of its infinite and unreasonable sloth, and dulness, to lose its liberty. Orat. De falsâ Legat. And elsewhere, Populus sane turba est, & res omnium instabilissima, atque imprudentissima; ut in mari fluxus flexibilis & inquietus, qui ut contingit agitatus, alius venit, alius recessit, ac nemo reipub: curam gerit, immo ne meminit quidem: That the people indeed is a Rout, and the most unstable and imprudent of all things; being flexible and unquiet as a Wave in the Sea; which, as it happens, being driven up and down, one comes, and another goes, and no body takes any care for the Commonweal, no not so much as thinks of it. In Panathenaico. Ibid. in princip. So also Isocrates Satirically told the Athenians; That two things there were that prevailed most in Cities, A great Voice, and Boldness: And that the Common People liked more those that would tell them Lies, and Stories, than the things belonging to their Welfare, Orat. de pace. and Safety. And, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; That they praised Varlets ascending Oratories, and valued Sots more than Sober men, and Madmen more than those that were Wise; and that no sort of men were more mischievous to a multitude then wicked and Tribunitian Orators. And the like were the Complaints amongst the Romans: Pro Rosc. Com. Sic est vulgus, says Cicero, ex veritate pauca, ex opinione multa estimat: So is the Common People, it esteems of few things according to Truth, but of most things according to opinion. And the like have been the everlasting complaints of all times and places in the World. So that thus it is with the People. And as Plato says of man, That he is the Sport of God; So have these been in respect to these things, the Scorn and Sport of Impostors. VI The Persons ordinarily guilty then of voluntary Offences, The Persons ordinarily guilty of the Faults of Malice. and the faults of malice against the public charge of the Magistrate, are the other sort of men (viz.) wicked and cunning men, Demagogues, Heresiarks in matters of Religion, and Ringleaders of Sedition in matters Civil: And these ordinarily such who are partly Profane, either to lesser or greater degrees of Profaneness; and partly Atheists and downright Contemners of a Deity, and so have no sense of Conscience or Duty upon them, either towards God or Man. The Profane Persons, some of them are such to such a degree, that they deserve the name of Practical Atheists. And the others are speculative Atheists: and that such there are, and always have been in all Societies, it is abundantly evident. The Practices of men, and such as we shall here forthwith mention, Polit. lib. 5. cap. 4. §. 27. show it daily. And Aristotle says, Itaque viri boni & virtute praestantes Seditionem non faciunt, cum multis enim improbis comparati valde pauci fuerint. Therefore good men, and such as excel in virtue, are not those who make a Sedition, seeing that it will be found that they are but very few, if they may be compared with wicked men. And Plato in his books of Laws taxed the Atheists of old; Dial. 10. That they were wont to say scoffingly amongst the Heathens, that not the Sun, Moon, and Stars, who were worshipped; but that the Earth and Stones were the Gods. And, Ibid. Quomodo non commotus Deos esse aliquis disserat? How can a man dispute against such Persons, says he, but with anger? Vid. Suetonium Incaligula, etc. Juv. Satyr. 3. Some of the Roman Emperors in their times laughed at Religion. And the Acute Satirist describes the Tenants of such men: Sunt qui in fortunae jam casibus omnia ponunt, Et nullo credunt mundum rectore moveri, Natura volvente vices & Lucis & Anni; Atque ideo intrepidi quaecunque Altaria tangunt. There are those now, who attribute all to Chance and Fortune, And do believe the World to be moved by no Guide, Nature turning about the Course both of the Days and Year, And therefore they approach to any Altars without any fear or respect to them. VII. The things that excite and stir up these Persons also to the Commission of such faults against the Charge of the Magistrate are their several Lusts and Corruptions, The Causes exciting them to the Commission of such Faults. (viz.) Those which have Temporal interests, and the adored things of this World for their Proper Objects. And those vicious Passions, and Corruptions are, either such as respect the things and Affairs (according as they are diversely valued) or else the Persons of men. The things of this world ordinarily valued by men in the first place are Riches: And the wise man gives the reason of it, Eccles. 10.19. because they answer all things: And the particular Lust in men, the proper object of which they are, is Covetousness. The things valued in the second place accordingly are Honours and Reputation, esteem, a name, and the like: And they are the proper Objects of the Lusts of Pride, and Ambition. And these two sorts of Corruptions are the principal of these causes exciting men to the Commission of such faults against the Magistrates charge mentioned. At vero fraudes prope modum omnes, atque injuriae, quae quidem Consilio & voluntate susceptae sint, ab Ambitione & Avaritia proficiscuntur, Polit. lib. 2. Cap. 7. §. 5. says Aristotle; That indeed for the most part all Deceits, and Injuries, which are undertaken by Consultation, and voluntarily, do proceed from Ambition and Avarice. And then the things valued in the third and last place are Pleasures; and they are the proper Objects of voluptuousness, according as it is variously diversified. But yet several men have these evil passions more or less severally ruling in them, according to their several Tempers, Occasions, given for the acting of them, and the like. The second sort of Lusts, and such as respect the Persons of Men, are Envy, Anger, Malice, Revenge, and other such, which do use to vomit forth their Rage and Poison against others, as is more generally hinted above. Lib. 1. Cap. 3. §. 2. in fine. The impetuousness, and violence of these exciting causes. 1 Thes. 4.5. Apud Sueton. in Nerone. VIII. The impetuousness and violence of these corruptions is famously known in the World. The Word of God calls it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, the passionateness of Lust. And the writings of all men, and the Experiences of all Ages have attested the same. Occidat modo imperet, said Nero's mother of her Son; That he should kill her, if he would, so that he might but be Emperor. And hoc est illud minimum Punctulum, says Seneca of the Earth, quod ferro & igne dividitur; That it is that very little point which is divided by Fire and Sword amongst men. And therefore Temporal Interests are by Elegant Causin rightly called, Holy Court Tom. 4. Trent. 1. §. 3. Certain Doctrines in the Christian Religion made use of by these Persons for the Promotion of their several ends. The fift Gospel of men in this World. IX. There are certain Doctrines in the Christian Religion, which are indeed of great moment as to the spiritual man, but are disputed variously by the several subdivided Professions in the Christian Church; and those are the Doctrines of Special Grace, Spiritual blindness, the enmity of the natural man, and the like. And these are those which have been principally made use of in all Ages, by the several Heresiarks and Ring leaders of Sedition, for the promoting of their several ends in the Christian Societies. They have as. serted and reputed their parties only to have had special Grace, and others to have been Carnal men: And if those others have not seen any reason for their ways, they have said it hath been, because they were spiritually blind: and have been ready to apply that of the Apostle to their Case, if our Gospel be hid, it is hid to them that are lost. And if those others have made any opposition against them, they have said it was from their natural enmity to Godliness. And hence it is that the way concerning these Doctrines, amongst us now vulgarily called Arminian, hath been by some Christian Churches countenanced and asserted, or at least not much discountenanced, nor contradicted. The Church of Rome hath solemnly professed it, and the main of it. And the Church of England (amongst others called reform) hath in the Rubrics of her present Liturgy asserted universal Grace to be bestowed in Baptism: See the Order for the Administration of Public Baptism. In Rubrica ad fin. And hath not in Terminis contradicted the Arminian way in her Public Canon of Doctrines: And hath suffered the debates concerning it, to be ventilated in her Universities. And as to these Doctrines, and so fare forth as they are concerned here, certainly that way of Tenent concerning them is to be looked upon as truth, and as intended by the Scripture, and accordingly to be chosen by all Churches, which tends least to Division, and most to the Promotion of the welfare of the Public Charge of the Magistrate in an Ecclesiastical Uniformity. X. In the mean time, of all things in the world the Charge of the Magistrate is most likely to be invaded by these Lusts of men, Of all things in the World the Charge of the magistrate is most likely to be invaded by them. which have been mentioned, in any Society: and that because the places of Supreme Governors are always accompanied in the most eminent manner, with the great Adored Tria's of Riches, Honours, and Pleasures; or at least are so commonly deemed to be: and so the places of all other Governors also gradually and proportionably both in Church and State: and the making use of the pretences of Religion, and the rendering it inconsistent with Government, is a most potent means for the wresting of a Governors' Power out of his hands. And the Heresiarks ordinarily in this Case, as in all other, are ecclesiastics, or Churchmen; for so says the Scripture itself, as to matters concerning Religion; That from the Prophets is Profaneness gone forth into all the Land: Jer. 23.15. And they are those that make all the stir in the World about these things. Such Heresiarks heretofore in the primitive times of the Christian Church were Donatus, Arrius, Sabellius, Servetus, Samosatenus, and the like mentioned in the Catalogues of Heresies, and Ecclesiastical Histories; and interdicted by the Code of Justinian, Vid. C. Titulis De Hereticis & manichaeis. De Judaeis etc. Et passim alibi. and other parts of the new Civil Law. The Ringleaders of Sedition immediately in matters Civil (and whether taking occasion from these matters of Religion or other things) ordinarily are Laics: and those aiming at the Supreme Magistrates Throne, and the things that are so Gay in their Eyes belonging to it. And what is it that men will not do for a Kingdom? Tullia, says the Roman Historian, Livius. Decad. 1. lib. 1. stuck not to be the murtheress of her own Father, and to drive her Goar-blood Chariot over his dead Body lying in the way to her Palace, that she might salute her Husband King in his stead. And it is recited concerning Julius Caesar, Apud Su●ton: In Julio. that he was wont always to have in his mouth these two Verses of Euripides, which he himself thus rendered, says the Historian. Nam si violandum est Jus, regnandi causa Violandum est; aliis rebus pietatem colas. For if Right be to be violated, for a kingdom's sakes— It is to be violated; in other things follow after piety. Of all Persons in the World the Person of the Magistrate is most likely to be invaded by them also. XI. Of all Persons in the world also the Person of the supreme Magistrate is most likely to be invaded by the other sort of Corruptions, conversant, as was said, about the Persons of men. And so the Persons of all other Governors also gradually, and Proportionally, both in Church and State: and that because Governors of all sorts, and especially the supreme, are the public Persons that have to do with all sorts of men, the life of the Laws, and the cause of the Execution of them, the Former's of the Tempers of times, and those that cross the grain of such as like not their Government. And then it is no wonder, if upon a thousand occasions there be the Spirits of malcontents rising up against them in all Societies. The Conclusion drawn from all these things. XII. Last of all then. All these things being so, we must come to lay down but this one Conclusion from them: And that is, That how much reason than is there for the Supreme Magistrate in every Society to take all care possible, and to use all due means, for the securing his Charge from both these sorts of mischiefs which we have mentioned, (viz.) Those which it is subject to both from the faults of Imprudence, and faults of Malice? and if he do not do it, he cannot be said to discharge his Trust, either towards God or towards his People, either towards God in respect of his duty, or towards his People in respect of their welfare and common good of his Society. And this Supreme and Public Charge of his also is the thing ultimately to be preserved by an Ecclesiastical Uniformity. CHAP. VI The more general Description of the Civil and Ecclesiastical Powers; and which belong to the Chief Magistrate, and Ecclesiastical Ministry, as their distinct Rights in an Ecclesiastical Uniformity. I. THe First and Capital Distinction of the Persons concerned in Government. II. The Christian Church, and Civil State, are distinct Societies. III. The necessity of difference of Order and Power in Governors. iv The distinction of the Civil and Ecclesiastical Powers flows from the Divine Appointment, according to the different quality of the affairs about which they are Conversant. V The Question stated, Whether Churchmen may have to do in the Administration of Civil Affairs? VI A Caution subjoined. VII. The necessity of difference of Orders and Degrees of Churchmen, and Ecclesiastical Persons in any Church-Society. VIII. The several Orders and Degrees of Ecclesiastical Persons mentioned in the Christian Scriptures; and the Church's Power of varying concerning them. IX. The Rights and Powers belonging to the Ecclesiastical Persons as such. X: Erastus answered. XI. The Character of the Ecclesiastical Persons Function is Indelible. XII. The necessity of some Supreme amongst men. XIII. The Supreme Person defined as to his Political Qualification. XIV. And as to his Person, and that is the Civil Magistrate. XV. This Supreme Power is committed to him by God as Creator and Conserver of all things. And what is the extent of such Power. XVI. For the discharge of his Trust in the exercise of such Power there is a necessity of his having an Indirect Power in Spirituals, as a branch of such supreme Power conceded to him. And the extent of such Indirect Power. XVII. That this Indirect Power is his Right, both by the Law of Nature, and Nations, and the Divine Law. XVIII. First, by the Law Natural. XIX. Secondly, by the Divine Law. XX. Thirdly, and lastly, by the Law of Nations also. XXI. The Question Answered, Why the Ecclesiastical persons as such should not have Supremacy over all. XXII. By the Magistrate's Indirect Power in Spirituals he is appointed to be a Foster-father to the Church. XXIII. The Supreme Magistrate may commit the exercise of this Indirect Power in Spirituals to others. The first and Capital Distinction of the Persons concerned in Government. Supra lib. 1. Cap. 3. §. 5. 1. HAving already distinguished Government in the general into Ecclesiastical, and Civil, we come here to distinguish the Powers more generally belonging to each of those sorts of Government as their Rights, both in relation to all Humane Society, and also more particularly to an Ecclesiastical Uniformity. And the Persons concerned in those powers differently are the King and Priest; who betwixt them rule the world, as men in it are members either of the Church or State. Duo sunt, Parte primâ distinct. 96. Rubric: Autoritas Sacra etc. Imperator Auguste (says Pope Gelasius (in the Decretum to the Emperor) quibus Principaliter hic mundus regitur; Authoritas Sacra Pontificium, & Regalis Potestas. There are two things, O Magnificent Emperor, by which this World is Principally governed; the sacred Authority of the Chief Bishop, and the King's Power. The Christian Church and Civil State are distinct Societies. II. The Christian Church, and Civil-State, are in themselves distinct, and different Societies; and so they ought to be esteemed to be in every Ecclesiastical Uniformity; the one being a Civil, and the other a Spiritual Conjunction of men: and God who hath appointed them both to have a being and continuance in the World, hath also appointed distinct Governors and Governments for them: Or else, The necessity of difference of Order and Power in Governors. if it were not so (Government being necessary to Society) they could not both subsist and continue apart in the World. But it is not only convenient, but necessary for the Benefit and well-being of mankind in relation to them both, that they should be in a Capacity so to subsist; and De facto they have so subsisted. III. The difference of Order and Power in Governors is a thing necessary to the being of all Governments of these greater Societies. Exod. 18.13, 14, 15, 16, 17, etc. F. de Excusationibus Tutelarum, & Temporibus eorum, L. Excusantur. And that because neither is one man able to execute all offices in such Societies, nor can many men so execute them, either the same Persons at divers times, or else divers persons at the same time, without a difference and variety in their several Capacities, both in respect to order and power, according to the different nature and quality of their Affairs belonging necessarily to those Offices. Jethroes advice to Moses was to divide the burden of his Government amongst his deputed officers; The distinction of the Civil and Ecclesiastical Powers flows from the Divine appointment, according to the different qualities of those Affairs about which they are conversant. Polit. lib. 4. cap. 15. in princip. ibid. vid. History of the Inquisition Chap. 28. because himself alone was not able to bear it. And the Roman Civil Law suffered not four Guardianships at once to be laid upon one man. And all Humane affairs are necessarily of a more or less eminent quality, according to the divers respects they have to things and Persons in the World. iv The distinction and proper extent of the Civil and Ecclesiastical Powers and Rights of Government in any Society, flows each of them from the appointment of God, according to the distinct nature and quality of the things and affairs in which they have to do, and in which it is necessary that they should have to do for the support of their distinct and several Societies. Sacerdotes (says Aristotle) Genus sunt quoddam Ministrorum à Civilibus Magistratibus (scil. ex natura rei) restinguendum & separandum; That Priests are a certain kind of Ministers (viz.) from the nature of their Office) to be distinguished and separated from the Civil Magistrates. And God whose works are perfect (says Padre Paul) and who is the Author of all Principalities, gives to every one so much Power as is necessary for his governing well. And these Powers in all Societies, and the Ecclesiastical Uniformity of them, act either in Conjunction one with another, as when Religion is National, and the Church incorporate into the State; or else separately one from the other, as in the contrary case: But yet still the Ecclesiastical power ought to Act so as in subordination to the Civil, and according to the will of God. And that these Powers are always, and more particularly in every Ecclesiastical uniformity, to be preserved distinct by the appointment of God, and according to the different qualities of their Affairs, it is evident from the Universal Consent of all Laws and Nations that ever have been in the World. So in the Polity of the Patriarches, and first men in the World. The Priestly office, and the office of the Civil Magistrate (although united in one Person (as hath been said) were ever reckoned as distinct, Supra lib. 1. cap. 3. §. 4. and were conversant about distinct sorts of affairs. Sacerdoti functum fuisse Adamum dubium non est, tum in recipiendis, atque offerendis Sacrificiis, etc. says Bertram: De Repub: Hebraeor. ca 2. It is no doubt but that Adam did discharge the Priestly Office, and that both in his receiving and offering Sacrifices. And so of Noah: Ibid. Noachus ex Arca egressus, ad Pristinos Ritus divini Culius redit; eosque apud suos omnes nondum dispersos exercuit. That Noah being come out of the Ark, returned to the Ancient Rites of Divine Worship; Ibid. and exercised them in his Family before it was dispersed. And so of Abraham as Priest also: Abrahamum sacrificasse apparet ex Gen. 15.19. and 22.2, 7, 9, and 13. Abrahamum docuisse apparet ex Gen. 18.19. atque adeo Prophetam fuisse ex Gen. 20.7 Gen. 15.19 etc. That Abraham Sacrificed it appears out of Gen. 15.19. and 22.2, 7, 9, and 13. And that he taught also it appears out of Gen. 18.19. And that he also was a Prophet, out of Gen. 20.7. So that they still as Priests did the work of the Priestly Office. So also in the Polity of Israel in the wilderness: God himself established and assigned particularly the distinct office and affairs of Moses and Aaron. Exod. 40.13, 14. Numb. 8.1, 2, 3, 4, etc. Numb. 1.49 Num. 3.15. Numb. 1.53. In loc And therefore Aaron and his Sons were anointed solemnly to their office. And the Tribe of Levi was not mustered with the other Tribes: And they only were to Pitch their Tents about the Tabernacle. And the Hebrews do observe on Numb. 3.38. that there is a pause or distinction betwixt the names of Moses and Aaron; To signify (says Baal Hatturim) That Moses pitched in one place by himself, and Aaron and his Sons in another place by themselves. And so was it also afterwards in Canaan, and all along downwards in the Generations of Israel, while they held any National Communion in one settled Society. The like also was ever amongst the Gentiles. So amongst the Greeks they had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Meursius' Elousin. cap. 13: Those that prescribed what they were to do ordinarily in holy things; like the High Priest in Israel, and the Bishops in the Christian Church. Anthenio. Comaed. lib. 14. p. 661. Aristoph. in Plut. pag. 71. They had their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Their Priests in the great Mysteries, Their ordinary Ministers and attenders at their Altars, answerable to such also in the Jewish and Christian Churches. Nay, they had also even their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Their Sweeper's and keeper's of their Temples: And all these appropriated to the businesses of their several Functions in holy things. So also amongst the Romans: Romulus himself Instituted the College of Augurs (says Pomponius Laetus) And after him Numa, Cap. De Augur. and many other Orders of Priests. The two Orders of the Salii, In Numa. and Feciales, as Plutarch mentions: And the Flamines, and others are vulgarly known. So also the Druids amongst the Galls, mentioned by Pomponius Mela, De Orbis Situ; lib. 3. and others. And the Gymnosophystae amongst the Indians mentioned by Julius Solinus also, and others. And all these were appropriated also to the businesses of their several offices. The like also have been the Orders and Offices in the Christian Church, and which are recorded in both Laws, and the Ecclesiastical Histories. The Patriarches, Metropolitans, Arch-Bishops, Priests, and Deacons; and the other inferior Church-Officers. And by the Laws of the Emperors they also were determined to be a distinct Body from the Laity; and in their several Stations had the peculiar assignation of the Church businesses to their management; and as Churchmen were excluded from the ordinary management of other matters, as not being the Proper business of their Function. So the Emperor's Honorius and Theodosius. C. De Episc. Et Cler. L. Placet. Placet nostrae Clementiae, ut nihil commune Clerici cum publicis actionibus, vel ad Curiam pertinentibus, cujus Corpori non sunt annexi, habeant. Vid. C. De Episcop. & Cler. l. nullus Episcopus. Et l. Cum Clericis in Judicium. Et l. Causa quae fit, & L. Clericus quoque etc. Et De Episcopali Audient. l. Episcopale Judicium. Et l. Sancimus ut nemo, etc. Et Novel: Constitut. 383 etc. vid. Capit. Caroli magni, & Ludovici Pii, etc. Lib. 6. ut Clerici Judices saecular. non adeant. Et lib. 5. ut nemo audat, etc. Et ut Clericus vel Monachus, etc. Et lib. 7. ut nullus Clericus, vel Abbas, etc. Et de his qui sine jussione Episcopi, etc. Poloniae lib. 2: circa med. & infra. Ecclesiae Anglicanae Politeiâ Tab. 2. & Tab. 2. ●. It pleaseth our Clemency that Clericks should have nothing to do in common with public Actions, and such as belong to the Civil Court, to the Body of which they are not annexed. And they had also their Ecclesiastical Courts, and proper Tribunals, before which only (ordinarily) and first of all they were to be summoned; as is to be seen in the several Laws in the Code, and Novels of Justinian, under the Titles, De Episcopis & Clericis; De Episcopali Audientia; ut Clerici apud proprios Episcopos primum Conveniantur; and the like. And so also in the Ecclesiastical Histories, the Canons of Counsels, and the several parts of the Canon Law, down all along the Ages of the Church. And the like also in the Theodosian Code, and the several later and more particular Laws of Countries. In the Code, in the sixteenth Book, under the Title, De Episcopis, Ecclesiis, & Clericis, and in other places. And the Laws of Charlemagne, Ludovicus Pius, Carolus Cabvus, and others do every where appoint the same. And the like Cromerus recites of Poland: Est autem judiciorum Ecclesiasticorum sum a penes Episcopos, says he, Quorum vices gerunt two, quos vocant Vicarios in Spiritualibus, Cancellarii, & Officiales; inter quos unus qui est primarius generalis appellatur; Caeteri foranei, etc. That the sum of all Ecclesiastical Judgements is in the Power of the Bishops; whose places they do supply whom they call Vicars in Spirituals, Chancellors, and Officials; amongst whom one who is the Chief is called the Vicar General; The others are proper to their several Courts. And last of all, the like recites Doctor Cousin, the Dean of the Arches, concerning the Constitutions of England. And so runs the whole Series generally of the Laws and practices of all other Countries. And it is but natural that businesses of a Calling should be referred to men of a Calling, even in the inferior and more particular vocations in Societies; and that those vocations should be distinguished and differenced according to the different nature and quality of their Affairs. The Question Stated, whether Churchmen may have to do in the Administration of Civil affairs? Lib. 1. Cap. 5. §. 6. V Here then is a great Question arising, (viz.) Whether Churchmen may at all intermix in the administration of Temporal affairs in any Society? We affirm the Question. And but that it may be so in some Cases, and for some reasons, neither the Law of Nature, nor the Divine Law, either Mosaical or Evangelical, nor the Civil Laws and Customs of Nations do contradict: as we have said already, That the same Person may de Jure bear the office of Supreme Priest and King. And 1. First, as to the Light of Nature; if the Ecclesiastical Person be considered as a member of Humane Society in the general, and so as standing in a Civil, as well as an Ecclesiastical capacity, it no way contradicts it. Nay, so fare forth as his intermixing in Civil administrations may make to the good of humane Society, and particularly to the Consistency of Religion with Government, and the preservation of it; and that either by the employment of eminent abilities in ecclesiastics, or else by the maintaining any ways Amity and a Charitative Correspondence betwixt the ecclesiastics and Laics in any Community, or by its promoting the distribution of Justice to both Sorts of Persons in the Courts, or the like; it prompts to it, and pro hic & nunc, it commands it. The Administration of Justice is one of the Principal Pillars of all commonweals: and a charitative Communion betwixt the two States of Laics and ecclesiastics hath been ever endeavoured and wished for by the Laws and Constitutions and advices of all Princes within their Territories. Episcopi & Comites Concordes sint, In additionibus ad Copit. Caroli Magni. Additione 4. De Concordia. Episcopor. et Comit. & Comites eorumque ministri Episcopis atque eorum Ministris in omnibus adjutores existant, says Ludovicus the fourth of France, in his Constitutions appointed by him to be published as such, by Erchembaldus his Chancellor: That his mind and desire was, That the Bishops and Noble men should be friendly one to another, and that the Noble men and their Retinues should be any ways assisting to the Bishops and their Retinues. Polon. lib. 2. Inframed. And in the Kingdom of Poland, says Cromerus, Publicum inter Sacrum & Militarem sive Equestrem ordinem Controversiarum arbitrium atque transactio penes Regem est: That the transaction and determination of public controversies betwixt the Sacred and Military or Civil Orders, De Procuranda Indorum Salute. lib. 3. cap. 24. is reserved to the King. And it is the saying of Acosta; That as a means for the converting the Indians to Christianity, Superest tantum & Civilem omnem potestatem admoneamus, ut in administranda Repub: Indorum, cum Ecclesiastica germanè conjungatur: It remains only that we admonish the whole Civil power, that in the Governing the Commonwealth of the Indians, it be joined friendlily with the Ecclesiastical. And but that the intermixture of both Laics in Ecclesiastical affairs (which they as Laics are capable of Administering) and of ecclesiastics in Temporal, may be for the subsequent Reasons a means of promoting these things, it will not be doubted of by him that considers how many times ecclesiastics are of Eminent abilities in Civil affairs; and how a Total, or but more ordinary separating in Colloquies and Affairs amongst men in the same Society (and those men being considered as infirm) will beget a consequent separating in affections; And lastly, how men of a faculty and distinct vocation in the World (considered as subject to Corruptions) are apt to be partial to one another in matters of judicature. Many more things might be here said. But there is one Exception to be made to all these things, and which the ecclesiastics are to be cautioned against; and that is, that while they serve the Law of Nature in the performance of these Offices mentioned to Government and humane Society, they do not in the mean time wrong Religion in the (causeless and careless) neglect of other offices and duties, which de facto they may be obliged to, and which may be belonging to their spiritual Function. And this aught to be heeded, because the discharge and affairs of that Function are of great moment, and worthy the employment of Angels. Lib. 1. cap. 4: §. 5, 6, 7. 2. The Divine Law then is not to be supposed to contradict the Law of Nature in those things; since the Christian Religion (as hath been said) is every way a friend to humane Society, and the consistency of Religion with Government, by which such Society may be maintained. De imperio Sum. pot. Cap. 2. §. 6. That which by some is thought inconvenient in this particular, and upon which by Grotius, so great a weight is laid, that the same person cannot without desultory lightness put on the behaviour of a Magistrate or Civil Officer, and of a Clergyman also (such as is described in the New Testament), is not so much to be regarded; because by a man considering it, and the ductileness of Humane Nature to consent to things when accustomed to them, and the divers States of Humane affairs in the several Societies in the World, it will be found that a prudent man may sustain the person of both these at divers times, without any such absurdity in manners, or however at least as may be a cause of evil parallel to the good he may otherwise do by sustaining both these sorts of offices. And as to those New Testament Precepts; 2 Tim. 2.4. Of a Minister of Jesus Christ his not entangling himself with the affairs of this Life; His giving himself wholly to these things, and the like: 1 Tim. 4.15. Persons and times are to be distinguished, and due interpretations are to be added to the Texts. As to Persons, those that are Novices in the Spiritual Function are to be distinguished from those that are not. As to Times, the Times of Christianity its being newly a planting, and of its being for a long time established in a Church, together with plenty of Ministers and Assistances, and less difficulties to be encountered with, and the like, are to be distinguished also. And as to Interpretations, the Rules of Prudence and general Equity are to be adhibited: And then no man, by any Law or precept whatsoever is bound to apply himself so wholly to the business of any Function, but that times and Vacations for the Performance of other due Offices, 1 Thes. 5.16, 17. as occasion requires, are allowed. We are bid rejoice evermore, and pray without ceasing, and the like: Yet those Precepts, in respect to many other things, are in this manner to be Interpreted. So that those that ordinarily say, That Religion and the Function of the Ministry deserve and require the whole man; if they mean Primarily and in respect to the intention of the mind, as employed in the Acts of either, they say truly: But if in this sense we have mentioned, they speak only popularly, but not Truly. Neither do they consider in the mean time, that the serving those Offices of Humane Society mentioned, is a grand and general precept of Religion. 3. Last of all, as to the Laws and Customs of Nations; they have very constantly voted for what we have affirmed also. We will begin with the Theocracy of Israel. And although it be True that they had their stated distinct Courts both Ecclesiastical and Civil; and God did ever distinguish the Office of the Priest and Magistrate, and admitted none of the Laity under pain of death to meddle with matters proper to the offices of Churchmen, either Priests or Levites; as is evident from the Case of Corah and his Company, Numb. 16.8, 9, 10, 31, 32. and from Numb. 18.7. and Numb. 1.51. and other the like Texts; yet we shall often find also, that in matters of Council and Judicature, and exercise of Government, and the like, (which concern the Common-good of Humane Society) there was an Intermixture of both Laity and Churchmen. So the supreme Charge of the People was committed jointly to Aaron and Hur, a Churchman and Statesman, while Moses was absent in the Mount; Exod. 24.14. And this was before the Institution of Vrim and Thummim (See Exod. 28.30) and the High Priests special way of passing a Divine Judgement by that; as also the same intermixture both of the High-Priests and other Priests in Temporal matters was usual after the Loss and Cessation of that way, See Ezra 2.63. Nehem. 6.65. at the Captivity of Bàbylon. So also the Highpriest sat in the great Synedrion, or Kings great Council in Israel. Vid. Talmud. Bab. in Sanhedrin. Ch. 1. And Maimony in Sanhedr. C. 1. §. 3, 4, 5. And Num. 11.16, 17. De Repub. Hebraeor. Cap. 6. De Jure Regni. Hebraeor. Theorem. 2. Their ordinary Number was Seaventy, by Gods own Institution; The chief Magistrate did Preside; And, Summus vero Sacerdos (says Bertram) de Jure responsurus, erat Septuagesimus secundus; That the Chief Priest, appointed to give in his vote also, was the Seventy Second. And, propter votorum libertatem non admittebatur Rex (says Schickardus out of Maimonides) in Collegium Senatus (excepto Davide) at Pontifices, & Prophetae, Caeteris paribus, recipiebantur. That, for liberties sake of voting, the King was not admitted into the College of the Senate, except it were David; but the Chief Priests and Prophets, if it were convenient in respect of things, were received. So that the Highpriest (not necessarily, but if he were a man able, and faithful in affairs) and the Prophets also were often admitted to it. So we find the Priests and Levites mentioned, together with the Judges that should be in those days, for the determination of Civil Causes, by Moses, Exod. 17.8, 9, 10, 11, 12. And Controversies of Murder, and the like to be tried by the Priests, Deut. 21.5. And in David's time, when he gave up the Kingdom to Solomon, he called the Priests and Levites as Officers and Judges before him, 1 Chron. 22.2, 4. And in Jehoshaphats Reformation, 2 Chron. 19.5. He set Judges in the Land throughout all the fenced Cities of Judah, City by City. And vers. 8. Moreover in Jerusalem did he set of the Levites, and of the Priests, and of the Chief of the Fathers, for the Judgement of the Lord, and for Controversies, when they returned to Jerusalem. So we find the Chief Priests and Elders often conjoining in the New Testament, Math. 21.23 Math. 26.3 etc. And Josephus says, Antiquitat. lib. 4. cap. 8. that formerly in every City there were seven Judges, and for each of them two Levites, who in conjunction one with another made up the several Benches of their Cities. Thus than it was in Israel. And the like were the Customs of the Gentiles concerning these things; if any one will look into the Greek and Roman Histories, and other the like writings. And the like have been also in the Christian Church: The Apostles at their first planting of Christianity, nor their Successors along time after, were not a Church Incorporated into the State: But the Laws and Customs of the first Christian Emperors went in the same Tract which we have mentioned; and that for the very reasons mentioned also: as is to be seen in the many places of the Code, and Novels of Justinian, the Theodosian Code, and other Monuments of these things. See the Titles, De Judiciis; De Nuptiis; etc. in the Code of Justinian. And, ut differentes Judices interpellantium allegationes, etc. in the Novels, and the like in other Monuments. The like also are the usages abroad, both of late and at this day in the world up and down. Clergymen, if of ability, are great Officers to Princes, and of Council to them, and the like. So amongst the Abassine Christians: De Aethiop. Morib; sub. aliis literis ejusd. David: Aethiop. Imp. etc. De Abasinor. Rebus. lib. 1. Cap. 13, 14: & alibi. In Confession fidei Aethiop. ad finem. De omnium Gent. Morib. Lib. 1. De Aethiopia, etc. Ibid. De Egypt. Cap. 19 Zaga Zabo one of their Bishops, says Damianus a Goes, was that Emperor's Ambassador to John the Third of Portugal, and others; and the like things are recited concerning their clergymen's being of Council to the Emperor, by Godignus and others. And the same Zaga Zabo in Chytraeus calls himself Episcopus, & Sacerdos, ac Bugana Raz, nempe Pro-rex provinciae, quae Bugana dicitur: A Bishop and Priest; and Bugana Raz, (i. e.) a Viceroy of the Province, which is called Bugana. And Johannes Boemius recites it, that of old it was the Custom of the Aethiopians to create one of their Priest's King; Quem ubi regem creaverint, veluti numen insit, etc. Whom when they had created King, as if there were a Deity in him, etc. And the like he recites also concerning the Aethiopians their neighbours, and their Priests using to be of their King's Counsels. The like other things are every where abroad at this day. De Rom. & Ven. magistratuum inter se Comparatione. N 41. Ibid. N 30. The Cardinal Contarene says of the Venetian State, Sed & in Statu Ecclesiastico sunt plures Ordines militum; Alii album amictum gestantes, etc. But also in the Ecclesiastical state there are several orders of Knights; some wearing White Apparel, etc. And he endowes the Cardinals of the Roman Sea with the Secular Titles of Illustres, and Illustrissimi; Illustrious, and most Illustrious, and the like: And that according to the Doctrine of Jason, and Decius, and other Canonists of the same Church. The like says Cromerus of Poland: Poloniae lib. 2. paulo post princip. That the King's Council there consists partly of ecclesiastics, and partly of Seculars: And that from of the old ecclesiastics are, Archiepiscopi duo, septem Episcopi; Two Arch-Bishops, and Seven Bishops. The Seculars, others the Nobles, and Chief of the Realm: and all these hold their places with certain Honours and Immunities annexed to them during life. Ibid. post. And, Archiepiscopus Guesnensis perpetua quadam Pontificis maximi Legatione fungitur, & Legatus natus sedis Apostolicae appellatur: Ibid. etiam. And, Habet etiam primatus honorem ab eadem Seed; absque eo quod est antiquo gentis Instituto, & praerogativa Primas Regni, & Princeps Senatus. The Archbishop of Guesna is a perpetual Legate of the Pope, and is called the Legate born of the Apostolic Sea: He hath also the Honour of a Primate from the same Sea: Besides that by Ancient custom of the Nation, and Prerogative, he is the Primate of the Kingdom, Ibid. ad fin. and Precedent and Prince of the Senate. And the like says he of the Senate and Great Counsel of Prussia afterwards. And if we go farther, the like course is held in the Turks and Persians, and other the great Eastern Princes Affairs. Amongst the Turks, the Chief Mufti sits in the Divano. And the like amongst others. And last of all, the like Course is held also in the Generality of the Territories of the more Westerly European Princes. In Spain the Archbishop of Toledo is Chancellor of Castille, In Hispania. Lib. 6. de bell. Gallic. says Damianus a Goes. In France and Britain (as Caesar says of old) the Druids were both their Priests and Judges in all sorts of Causes: So, at this day, in France the Twelve Peers of France are Six of them Bishops, and Six of them Nobles: And of the Bishops, three Bishops and Dukes, and three Bishops and Counts: And so the Courts consist, partly of Clergy, and partly of Laymen. And lastly, In England the Archbishop of Canterbury, Dicitur Primus Par Regni, Ecclesiae Anglie. Politeia. Tab. 2. A. Is said to be the first Peer of the Realm, says Doctor Cousin. And the other Bishops have their Baronies annexed to their Bishoprics, and are sometimes, several of them, of Council to the King; and sit as one State in Parliament, and the like. And as this Course is thus generally held amongst Nations, as to the greater sort of Clerg-ymen; so as to the lesser and more inferior also proportionably. So that thus then, and with these Cautions, and for these ends which we have mentioned, The Supreme Magistrate in any Society may commit the discharge of Civil Offices to Churchmen: and they also may lawfully discharge them. And since they as well as others are numbers of Humane Society in the Common, as hath been said, there can be no sufficient reason rendered why they also should not be under a general obligation to serve in that Capacity: and he that shall assert and maintain the Contrary, shall do it against the several Laws and Practices of Nature and Nations which we have mentioned. VI In the mean time then their due respects are always also to be preserved and performed to the other estates in any Society: A Caution subjoined. To the Nobility, who are umbrae Regis, and Pares Regni; the Shadows of the Sovereign Prince, and Peers of the Realm: And to the Gentry, or second Nobles, secondarily, and in their places also. We presume not to admonish Princes and Governors in this particular, who understand their own affairs so well as to be careful to keep the estates of their Territories in their due Poise one towards another: And both Laics and Churchmen in their several degrees, and while thus intermixed in Offices, are to be mindful of the several respects to be performed to each other. And it is never well, and as it should be in any Society whatsoever, till all these three Estates have their due and mutual respects performed to them, both by the Sovereign Prince, and by themselves towards each other. VII. As we have said, The necessity of difference of Orders, and degrees of Churchmen, and Ecclesiastical persons in any Church Society. The several Orders and Degrees of Ecclesiastical persons mentioned in the Christian Scriptures, and the Church's power of varying concerning them. Vid. Canon's Apostolor. Can. 35, etc. Concil. Antioc. Can. 9 Et Concil. Nicaen. Prim. Can. 6. etc. Decr●ti part. 1. distinct: 21, 23, 25, 79 etc. Et Bezam in Matth. 2.4. Grot. in Math. 2.5. Spanhem. in Dub. Evangel. Gerhard. in Harmon. And Bp. Andrew's his Summary of the Government both of the Old and New Testament. That there must of necessity be divers degrees, and orders of Governors in the general in any Society; so here we say further and more particularly, that for the same Reasons also there must of necessity be divers Orders and Degrees of Church Governors, and Ecclesiastical Persons and Officers belonging to them in every Church-Society, and Ecclesiastical Uniformity. So there were always amongst the Heathens, in their Church Societies, as we have partly already mentioned, and as is to be seen in the several Heathen Histories and relations of these things: And so there must of necessity be in all other Churches. VIII. As to the Christian Church, there are divers sorts and degrees of Church Governors and Ecclesiastical Persons mentioned in the Scriptures, both of the Old and New Testament, and asserted by all the Ancient Counsels, the Canon Law, the generality of Interpreters of Scripture, and the like. Let the Canons of the Apostles; The Counsels of Antioch, of Nice; The several distinctions in the Decretum, etc. be looked into. And there are divers Powers also necessarily belonging to these divers Orders of Churchmen, according to the divers Nature and Quality of the Affairs proper to their Offices. In the Old Testament there are mentioned High-priests, Priests of the second Order (2 Kin. 23.4.) or Priests simply taken, Levites, and others. In the New, Apostles, Evangelists, Bishops, Presbyters, or Priests, Deacons, and others. In the Old Testament these Church Officers were perpetually fixed to their several particular Employments. And although in those days the Old Testament Church-Polity was intended only for the Kingdom of Israel, and the Laws both of the Church and State were suited one to another, and fixed thus for ever by God himself; yet it was left to Humane Prudence to vary still in Circumstances and indifferent things concerning the Ecclesiastical Polity, according as the present state of Affairs might at any time require, the substance of that Polity ever remaining. So in Moses, Joshua's, David's, Nehemiah's, and others times: And so there was a necessity, from the vicissitudes of Affairs, that God had appointed to be in that Church, as well as in the rest of the World, that it should be. In the New Testament, the standing ordinary Church-officers were appointed to be perpetual also. The Ordinary were those whose Offices were ordinarily necessary for the well being of the Christian Church; the extraordinary those who were appointed pro Tempore, and as the present state of affairs in the first times did require. And that the Platform of the perpetual and ordinary Offices of Bishops, Priests, and Deacons, was derived and taken from the Pattern of High-priests, Priests, and Levites in the Old Testament, it will not at all be doubted by him that considers the Circumstances attending those things, and the Parity betwixt them. And last of all; if the Jews Church, which was settled under one perpetual Government, and confined to one only Nation, had Power to vary however according to the occasions of times, in Circumstances and things indifferent, concerning their ordinary Church-Officers of Ecclesiastical Polity; then much more for the same Reasons, hath the Christian Church such power to vary, which is laid open to be set up in all Nations, and appointed to consist, as to these Circumstances and things Indifferent, with the several sorts of the Civil Policies of those Nations and Countries. The Rights and powers belonging to the Ecclesiastical Persons as such. IX. The Church Governors and Ministers, in every Christian Church, and the Uniformity of it, have a full power, and distinct Right from Christ of doing all things (properly) as is said) belonging to them, and as such in their several Capacities in the Church, (viz.) Of Ministry, Jurisdiction, and Order, as they are usually called. And as also the Divine Law of Christ saith concerning them; and all Decrees, Canons of Counsels, and Ecclesiastical Constitutions derivatively from it. Of Ministry (i. e.) Of Preaching, Administering the Sacraments, and dispencing all matters of Doctrine. Of Jurisdiction (i. e.) Of commanding, forbidding, inflicting Penalties, executing Ecclesiastical Censures, and dispencing all matters of discipline. And lastly, of Order (i. e.) of ordaining others to succeed them in their several Functions in the World. And so saith the Scripture, Matth. 28.18, 19, 20. That Christ gave Power to his Apostles, and their Successors in the Ministry, to go forth and teach all Nations, See also Eph. 4.7, 8, 11, 12, 13, etc. And 2 Cor. 5 20. 1 Cor. 4.1, 2, 3, 4. Heb. 13.17. Mark. 16.15, 16. Luk. 24.47, 48. See also Matt. 16.19 Math. 18.18 Luk. 10.2.11, 16, etc. See also the 1 Tim. 5.22. 1 Tim 4.14 Tit. 1.5, 6. etc. Vid. Can. 64. apud Carranzam, in Summâ Concilior. Vid. Can. 4. ibid. Vid. Canon. Apost. Can. 1.2. Baptising them in the name of the Father, and of the Son, and of the Holy Ghost, etc. And the like concerning matters of Discipline, John 20.23. Whosesoever sins ye remit, they are remitted unto them; and whosesoever sins ye retain, they are retained. And the like also concerning Orders. See Acts 1.23, 24, 25, 26. And Acts 14.23. And the like also, say the several Counsels derivatively from the Scriptures concerning these things. So the sixth General Council of Constantinople in the 64 Canon: Non oportet Laicum publicè disputare, vel docere; sed Ordini à Domino tradito cedere, & aurem iis, qui docendi gratiam acceperint, apperire, & Divina ab iis doceri: That it doth not behoove a Laic to dispute publicly, or to teach; but to give place to the Order delivered from the Lord; and to open the Ear to those who have received the Grace of Teaching, and to be taught by them Divine things. So also in the Nicaene Council of three hundred and eighteen Bishops, under Constantine, in the fourth Canon concerning the Ordination of a Bishop. And in the Apostolical Canons; in the first and second Canons concerning the Ordination of the other degrees of ecclesiastics: and the like in all other Ecclesiastical Constitutions, generally down all along the Ages of the Church. Vid. Clement. Roman. Apostolic. Constitut. lib. 2. cap. 20, 30, 31, etc. lib. 3. cap. 10, 11, etc. Let the Apostolical Constitutions of Clemens Romanus be looked into: And the several Titles in the Sextum, Clementines, and other parts of the Canon Law, concerning the Sentence of Excommunication, and the other Censures of the Church, and the pronouncing of them. And these more general Powers and Rights are those, which according to the Nature of them, and the vote of all these things, do only properly and externally belong to the ecclesiastics as such; as the like also they have in all particulars whatsoever (whether the Church be Incorporate into the State, or not Incorporate into the State in any Community) that are necessary, as to them, for the support and preservation of their Ecclesiastical Society. And this is a grand Right both Natural and Divine belonging ordinarily to them as Governors in such a Society: and he that shall deny them such Power, must say, that God hath denied them the means to the end; that he hath committed the preservation and support of the Church to them as Governors and Ministers of it, and yet that he hath denied the power of doing those things which are necessary for such the preservation of it. But yet by these means necessarily to be granted to them, we are to be supposed to mean spiritual and lawful means: De potestat. Civili, & Ecclesiast. cap. 3. ad fin. Vid. De Imperiosum. pot. cap. 3. §. 6. 14. Supra lib. 1. cap. 3, §. 20. And in no case particularly that of rising in Arms against the present Lawful Magistrate: that would be with Peter to take a Sword in an unlawful way (says Triglaudius) and that is not committed to them; and that is against Humane Laws, and Divine, and the Law of Nature, etc. says Grotius: Although elsewhere he permit it, even to any single person, in case of extreme danger, to Rise, as we have said heretofore. Erastus' Answered. In Thesibus. vid. Thes. 74. et alibi. X. Erastus hath here of late started a Question, by his denial of any need of Church Censures their being executed by Clergymen, under a Christian Magistrate. But he is to be answered with their being a purely Spiritual punishment, and inflicted in a Spiritual way, and for Spiritual ends; and therefore that, in the Nature and Quality of the thing, they do properly belong to Spiritual Persons, to use as a means for the support of their Spiritual Society, and according to the appointment of Christ. And this is to be observed farther; That, notwithstanding his seemingly favourable advice given to Magistrates in this particular, yet no Magistrate since the time of his Writing hath followed it. And it will be found true by any one that considers throughly of these things (and as I have partly hinted already,) That he that shall so fare adventure to confound Divine Affairs with Humane, as to put the business proper to the Function of the Ministry into the hands of the Laity, to be managed Authoritatively by them, shall do that which shall tend to the taking away the standing Ordinance of the very Ministerial Function itself, and even of all Religion also whatsoever in the end: especially, if he shall make such confusion in this particular of inflicting Penalties; which, according to the different kinds of Penalties here pointed at, is one Right necessarily belonging to the support of any Government or Society whatsoever, either Ecclesiastical or Civil. The Character of the Ecclesiastical person's Function is Indelible. XI. Last of all, on the part of the Ecclesiastical Persons; the Character also of their Offices, impressed upon them in their first Ordination to them, is indelible, as to any Humane Power. It is in the Power of man to suspend, degrade, or depose them from the actual execution and discharge of their several Offices, as all Laws and Practices of the World (except that of the Papal only) have constantly affirmed: but God only at first invested them with the Habitual Power belonging to their several Offices, and he only can take them away from them again. These things then being thus stated, and described on the Ecclesiastical Persons part; I come next to the part of the Civil Magistrate, and to the Rights and Powers belonging to him as such, and which are here concerned also. The necessity of some supreme amongst men. XII. On the part of the Civil Magistrate then; first of all, this is certain, that both in relation to all Humane Affairs more generally, and in every Ecclesiastical Uniformity more particularly, there must of necessity be some supreme amongst men in every Society. For, what from Nature the Philosophers say notionally, and in the general, Averro's Metaph. 5. Tom. 6. That, Ordo nan datur nisi cum relatione ad aliquid primum; there is no order of things, but with relation to some first: The same also, from Art, say the Politicians practically, and in particular concerning Humane Society; that the order of Persons to be observed in every Society of men, must necessarily terminate in some Supreme in that Society. XIII. He than is Supreme in every Society, The Supreme person defined, as to his Political Qualification. who hath the Supreme Jurisdiction over all others in that Society. And Jurisdiction is defined by the Civilians to be, Potestatem Juris dicendi, A power of giving Law to others. XIV. The Person, Vid. F. Si qui Jus dicenti non obtemperaverit. L. unica. ¶ Is videtur. & alibi. And as to his person; and that is the Civil Magistrate. Supra lib. 1. ca 1. §. 11. Supra lib. 1. Cap. 1. §. 10. And Lib. 1. cap. 3. §. 9 and §. 10, 11, 12, etc. Lib. 1. who hath this supreme power of Jurisdiction over all, is the Civil Magistrate, but now mentioned. And such Power he hath as his Right belonging to him, as is above distinguished. I have above rejected that part of the distinction of such Power its being taken only Actually, and for the exercise and Administration of it. And I here affirm it concerning the Civil Magistrate, and it's being a habit and faculty fundamentally belonging to him. And as to the kind of the Magistrate possessing it, it is meant also, not of a Feudatory, or Prince under a Prince in any Society. Such as the Prytanes of Athens (says Pausanias') were under the Senate: And the Kings of (a) Vid. Plut. in Lycurgo. Lacedaemon in the time of the Senate set up by Lycurgus: And that Senate also itself afterwards in the time of the Ephori: Such also as the Roman (b) Vid. Tit. Livium. Dec. 1. lib. 1. 2. etc. Et D. De Orig. Jur. Civil. etc. L. necessarium. ¶. Exactis deinde Regibus. Et ¶ Capta deinde fardinia. Et Rosin Antiq. Rom. l. 7. c. 9 Consuls were that succeeded the Kings: And the Provincial (b) Vid. Tit. Livium. Dec. 1. lib. 1. 2. etc. Et D. De Orig. Jur. Civil. etc. L. necessarium. ¶. Exactis deinde Regibus. Et ¶ Capta deinde fardinia. Et Rosin Antiq. Rom. l. 7. c. 9 Praetors in the time of the Emperors: And the Princes of Germany at this day; who, by the (c) Et Vide Ordines Camer. Imper. p 2. Tit. 34, 35. & alibi. Orders of the Imperial Chamber, are capitally questionable by the Emperor in the Chamber of Spires. But it is meant of a Sovereign Prince, such as the first (d) Vid. T. Liv. Dec 1. lib. 1. D. eodem. ¶. Quod ad magistratus attinet etc. Kings were amongst the Romans, and the (d) Vid. T. Liv. Dec 1. lib. 1. D. eodem. ¶. Quod ad magistratus attinet etc. Emperors afterwards; upon whom, by the (e) Vid. D. De Constitutionibus Principum l. 1. ¶ 1 & Institut. De Jur. Naturali, Gent. & Civili. Lex Regia particularly, all the Sovereignty was devolved. And such as the several Kings of England, Sweden, Spain, Denmark, and of other the like Territories in Europe at this day are, and by their several Lawyers of their Countries are affirmed and acknowledged to be. And there are they who are next to God in Humane Societies (as was said more generally above) and (f) L. 1. Cap. 3. §. 17. & deinceps. above the reach of all Men, and Laws, so far forth as may tend to the holding the Right of their Sovereignty, as was hinted (g) Lib. 1. Cap. 3. § 17. above also. Princeps legibus solutus est, says (h) D De legib: & Senatus Consultis, etc. L. Princeps Ulpian; That the Prince is at liberty from the Laws. And, Cum nihil in Terris majus aut excelsius Majestate Regum, post Deum immortalem cogitari possit, says (i) De Repub. 1. cap. 10. in princip. Bodine; Since nothing can be thought of, which is greater or higher in the Earth, than the Majesty of Kings, next to God Immortal. And the consent of all Nations generally hath established this Right upon Sovereign Princes. So says (k) De Aethiop. Morib. Et in Confess. fidei Zaga Zabo prope fin. Damianus of the Emperor Preister, or Precious John; and of his Superiority over the Patriarch of his Country. The like (l) De praesenti Turcici Imperii Statu, & Relig. Graecor. & alibi. Pandect. Hist. Turc. Gradus Legis, etc. 34. & alibi. De Sacerdotibus eorum. De Obedientia quam Turcae suo Regi praestari Coguntur, etc. Chytraeus, (l) De praesenti Turcici Imperii Statu, & Relig. Graecor. & alibi. Pandect. Hist. Turc. Gradus Legis, etc. 34. & alibi. De Sacerdotibus eorum. De Obedientia quam Turcae suo Regi praestari Coguntur, etc. Leunclavius, (l) De praesenti Turcici Imperii Statu, & Relig. Graecor. & alibi. Pandect. Hist. Turc. Gradus Legis, etc. 34. & alibi. De Sacerdotibus eorum. De Obedientia quam Turcae suo Regi praestari Coguntur, etc. Georgieviz, and others of the Grand-Senior in respect to the chief Mufti at Constantinople. The like also (m) In his History of Russia. Chap. 21. Of their Ecclesiastical State, etc. Fletcher the Englishman of the Emperor of Muscovy in respect to his Patriarch, late of Moscow, but before of Constantinople, or Sio, as he was styled. And (n) De Venetor. Repub. lib. 3. circa. med. Contarecius of the Council of Teun at Venice, in respect to their Clergy. And so others concerning the Supreme Magistrates of other Countries: Even the (o) See Chap. 3. etc. Corpus disciplinae, of the States of Holland: and (p) See p. 1, 2. etc. the Laws and Statutes of Geneva, of the Magistracy of that Tertitory. And finally, so says Dr. q) Ecclesiae Anglicanae Politeiâ. Tab. 1. A. Cousin, and the (r) See An. 35. Hen. 8. An 11 Edw. 6. An. 1. Eliz. etc. Statute Law of England concerning the Supremacy of the most Potent Kings of England. Last of all, this hath been acknowledged by all Ages and Societies generally, excepting only by the great Bishop and Prince of Rome, and his Doctor's Chairs; and those others of the Christian parts of Europe dissenting from him, and called Reform, whosoever of them they have been, that have set the Ecclesiastical Synods and Consistories above the Temporal Authority, and so in fact have depressed it, although in word they have professed the contrary. This Supreme Power is committed to him by God as Creator, and Conserver of all things; and what is the extent of such power. Supra lib. 1. cap. 5. §. 7. Et deinceps. XV. This Supreme Power of Jurisdiction over all is committed to the Supreme Magistrate by God as Creator and Conserver of all things: and that also to that very end, that by the due exercise and employment of such his Power he may conserve all those things in their welfare which are committed to his Charge: and the things committed to his charge in his way and capacity, and more particularly in an Ecclesiastical Uniformity, are, Religion, and Government, and the consistency of both these with each other, as is above said assertorily, and here explicatorily. So that he is appointed to be both Pater Patriae, the father of the Country, in respect to Civil things; And Custos utriusque Tabulae, The keeper of both Moses his Tables, in respect to things Divine. For the Discharge of his trust in the exercise of such power, there is a necessity of his having an Indirect power in Spirituals, as a Branch of such Supreme Power conceded to him ⁏ and the extent of such indirect power. hic Supra. §. 9 XVI. For the discharge of this trust reposed in him by God, there is a necessity of his having an Indirect Power in Spirituals, as a Branch of his Supreme Power of Jurisdiction over all conceded to him. And this is a great Right belonging to him, and such as is principally necessary for the discharge of his Trust mentioned in every Ecclesiastical Uniformity: And this is is usually called his external Power; in contradistinction to the Ecclesiastical Persons Internal power (but now mentioned also) in the Church and Church affairs: And the extent of it is to the doing of all things 1. Negatively; which are not the matters properly belonging to the Ecclesiastical Persons function. And secondly positively; which are necessary for the discharge of the Trust reposed in the Civil Magistrate. And if any man have a mind to take a farther view of the particulars included in this General, let him look into the Canon Law. For, Mutatis mutandis, in whatsoever matters the Pope there claims an indirect Power in Temporals for the support of his Pontifical Greatness, in matters answerable, on the Magistrate's part, and according to his Occasions doth it belong justly to him to have an Indirect Power in Spirituals in any Society. XVII. That this indirect power is his Right, both by the Law of Nature, and Nations, and the Divine Law. And this Indirect Power in spirituals is a Right belonging to the Supreme Magistrate in the General, both by the Laws Natural, and Divine, and by that of Nations also: and hath in all Ages, and by all particular Laws of Countries, and Practices of men, been ever granted to him; excepting where the Ecclesiastical Person as such hath unjustly usurped the Authority of the Civil Magistrate, and constituted himself as Supreme amongst men, as in the Case of Rome. XVIII. That it belongs to the Civil Magistrate by the Law Natural, it is evident from hence; First, by the Law Natural. because he that shall deny such a Power to him, must either deny every part of that which we have mentioned, yea, even the Civil part of the things also, to be his Charge, and that with an unheard of falsity, or else must deny him the means of preserving the welfare of his Charge (i. e.) must deny him the means necessary to the end, and that with a more than tolerable absurdity. For to what purpose shall God commit to the Magistrates Charge the welfare of Religion, and of the present Lawful Government, and of the consistency of Religion with the present lawful Government, both Ecclesiastical and Civil, (as he hath done) if he shall not in the mean time grant him the means necessary for the attaining this end, and which he himself hath in the Nature of things appointed to be used for the attaining to it? Truly this cannot be rationally answered: And that such an indirect Power in Spirituals, as we have mentioned, is a means necessary to the attaining this end, it will be evident to any one who shall consider the Infirmities and Corruptions of men, and by how many thousand pretences and occasions taken from matters spiritual both all Divine and Humane Affairs in any Society may be disturbed, and utterly confounded. And if any other then besides the Civil Magistrate shall have the Possession of this Indirect Power in Spirituals, and not the Civil Magistrate himself for his occasions, how shall he be capacitated to look to his charge mentioned? That would be a most imperfect Government (saith Padre Paulo, History of the Inquisition. Chap. 29. in this business) which in itself should not have a means to provide for things necessary, but should stay for a Remedy from him that should give it according to his proper interests (as (the Infirmities and Corruptions of men being considered) will be supposed concerning others in this matter) and not according to the public necessity. Ibid. In his considerations upon the censure of Pope Paul the fift against the Commonwealth of Venice, in 4to, pag. 31. And, saith he farther, the opportunity of having power to work after one's own Fancy, may cause a Saint to overrun his course; and when a Potentate hath not the favour of him that commands in Ecclesiastical Causes, Religion is made a Pretext to oppress him. And saith he also elsewhere, Nature in all her final drifts giveth such faculties and Powers as are necessary for the attaining the same: And shall God set down an end and Commandment which cannot be executed, without the favour of men? this is too great an inconvenience. And such than must be the Case of Princes in this business, in respect to the preservation of the welfare of their charge, yea, even of that very part of it which consists in Affairs purely Civil, and so belongs primarily and most properly to them, and to be looked after by them in the world (or else nothing at all doth so) if such Power as we have mentioned be not conceded; and whether it may be either any suhordinate Magistrate, or any Ecclesiastical Person, or any other person whatsoever who shall usurp it from him? Secondly, by the Divine Law. XIX. That this indirect power in spirituals is conceded to the Civil Magistrate also by the Divine Natural Law, it is as evident from the Concession of it by God to the Patriarches and others of Old; and to Moses, and all the succeeding Kings of Israel afterwards, throughout all the several Ages of the Old Testament. And in the new we are bid to pray for Kings and all that are in Authority, 1 Tim. 2.1, 2. that we may lead a peaceable and quiet life in all Godliness and Honesty, and the like needless to be recited. Thirdly, and lastly, by the Law of Nations also. XX. In the third and last place then, let us see what the Law of Nations hath been in this particular; and that in both the acceptations of it, both as that Law is taken properly, and improperly. 1. Properly. And as to that it hath been a general compact of mankind ever to treat with the Sovereign Princes of Countries about the state of their Religion. So in the Convocating of the Divines of the several Countries to the Ecumenical Counsels, in the Europian Parts of Christendom, yea even in the times and places of the greatest Papal usurpation; and the like. 2. Improperly. And as to that let us view the Laws, and practices of Countries within themselves, and in their separate Capacities in respect to others. 1. It is to this purpose, and for the retaining with more Solemnity the investiture of this Power in Princes, amongst other respects, that the same person hath been so frequently both King and Priest in so many Ages, and Societies in the World. Let us look first amongst the Hebrews. I have recited formerly the Tradition amongst them, of the first heads of Families, their being both Kings and Priests to those that were subject to them. And afterwards when they grew into a settled community under Moses, Moses their first Captain that brought them out of Egypt was both King and Priest, Psal. 99.6. And so also it was usual with them afterwards, for the same person to be both Highpriest and chief Magistrate. And here is again another Error and non-concluding argument of Grotius concerning these things; affirming that, De Imper. cap. 2. §. 5. after Moses his time, the Coalescence of the chief Preist-hood and Supreme Magistracy in one Person in Israel was forbidden by a Positive Law of God: And that because the Priesthood was restrained only to the Sons of Aaron; and so a stranger might not come nigh it. But what of that? although a stranger might not assume the Priesthood, yet doth this argue, that a Priest might not assume the chief Magistracy? surely no. And therefore the instance of Ozias his being prohibited to meddle with the matters proper to the Priestly Function given by him, is not pertinent. 2 Chron. 26.17 Ibid. And what thought he of Eli, and Samuel (See 1 Sam. 2.22, 27, 28. and Cap. 4.18. and 1 Sam. 7.15 etc.) and others afterwards? were not they both Chief Magistrates and Priests at the same time in Israel? Let Josephus be consulted concerning these things; Antiquitat l. 5. cap. 12. Ibid. lib. 6. cap. 2. and he says, that it was from Eli's Throne of Majesty that he fell down and broke his neck, when he died. And he quotes also samuel's speech, which he made to the Israelites as their General, at his expedition against the Philistines, and his constituting Laws and Courts amongst them afterwards as their Supreme Magistrate. Neither doth Skickardus, nor others, who writ of the things which did incapacitate any man from being King of Israel, mention any such thing as the Priesthood amongst them. And if the Testimony of Heathen History may be any thing in this business, then, Post Mosen etiam filius ejus Arvas, Sacerdos Sacris Aegyptiis, Justin. lib. 36. mox Rex creature, says the Epitomiser of Trogus; That after Moses also his Sons Arvas, a Priest in the Egyptian Rites, was Created King. Semperque exinde hic mos apud Judaeos fuit, ut eosdem reges & Sacerdotes haberent; quorum justitia Religione permixta incredibile quantum coaluere. And from thenceforth it was always a Custom amongst the Jews to have the same Persons both Kings and Priests; whose Justice being mixed with Religion, it is incredible how well they did together. So that thus, not only de facto, but de Jure, it was in Israel. Let us pass then from the Jews to the Heathens in this business: As to whom first, Divine Plato deserves to be heard. Apud Aegyptos (says he) non licet Regem absque Sacerdotio imperare, De Regno circa Med. etc. That amongst the Egyptians it was not Lawful for any one to Reign as King; unless he were Priest also. Nay, if any of another Nation did by chance usurp the Kingdom by force, he was constrained, after the usurpation of the kingdom, to be initiated in holy Orders; that so at length he might be both King and Priest. Besides (saith he farther) Thou shalt find, that in most of the Cities of the Greeks, the chief Sacrifices of the Divine Worship are committed to the Magistrate to be offered up by him. And also amongst you (says he to his Hospes in the Dialogue) we may especially take notice of that; for they say there, that to the King being Created by Lot, those of the Ancient Sacrifices which are most Solemn and accustomed to the Country are committed to be offered: thus Plato. And the like says Herodotus, and Diodorus of other Ancient Nations; Aenead. lib. 3. and Virgil of Anius Rex Anius, Rex idem Hominum, Phaebique Sacerdos: King Anius, the same both King of men, and Priest of Apollo. And amongst the Romans Plutarch recites it of Numa, In Numâ. that he first erected the College Pontifical; and that he himself was the first Pontifex that ever was. Decad. 1. lib. 1. And Livy says of him, Tum Sacerdotibus creandis animum adjecit, quanquam ipse plurima Sacra obibat, ea maximè quae nunc ad Dialem Flaminem pertinent: That then he applied his mind to the Creation of Priests; although he himself did perform the most of Sacred Rites, especially those which do now belong to the Flamen Dialis or Priest of Jupiter. Decad. 1. lib. 2. And he says elsewhere also of the following Kings; Quia quaedam publica sacra per ipsos Reges factata erant; because certain public holy Rites were performed by the Kings themselves. Lib. 54. In Octavio, Sect. 31. In Julio, Sect. 13. Anastas. Germon. De Sacris Immunit. lib. 1. cap. 9 n. 3. And at the coming in of the Emperors, Dio-Cassius, and Suetonius recite it of Augustus, that he was consecrated Highpriest. And Suetonius of Julius, that, before Augustus his time, Pontificatum Maximum petiit, He sought the Office of Chief-Priest. And of the succeeding Emperors it is said also; that from Augustus to Gratianus, all would be consecrated and called Pontifices Maximi, as well as Imperatores; High-Priests, as well as Emperors. Hist. Eccles. lib. 8. cap. 29. And Maximinus in Eusebius styles himself Pontifex Maximus, amongst the Rest of his Titles: and many more Records there are of these things. Last of all, Let us descend to the Christian Church. Martyrologiae 22. August. v. Timothei. And of the Christian Emperors, says Baronius, That although for the Heathen Roman Religions sake they took not upon them the Name of Pontifices Maximi, as the Heathen Roman Emperors did; yet they suffered themselves to be inscribed by that Name in their Coins, and to be called so in their Panegyrics, and the like Eulogies made in their praise. And at this day, both of the Princes of Germany and others in Christendom, there are several who are both Magistrates and Priests in their Dominions. Vid. Bald. Cons. 353 lib. 1. Panarmitan. Cons. 82. n. 4. lib 1. & Cons. 61. lib. 1. And what the Great Bishop of Rome is, it is eminently known; of whom Baldus, Panormitanus and others his Canonists do Affirm; That he is Supreme Lord in his Temporal Dominions: and that he hath a Right of Creating Nobles, and of doing all things which Kings do in their Kingdoms: and whether this be likely to accrue to him by Succession from St. Peter, and as Universal Pastor, we leave it to others to Open. Finally, Every Prince, whosoever he be, if he intent to hold his Dominions, must of necessity and in many things be Supreme Priest in effect, although he be not so by Actual Consecration. 2. The express Laws of Countries have ever conceded the same indirect Power in Spirituals to Princes. Epist. 8. Such would Plato in his Epistles have granted to them: And up and down in many particulars in his Books of Laws. Polit. lib. 6. cap. 8. n. 41. And Aristotle distinguisheth his Chief Magistrate into the Civil and the Divine Magistrate. And he denominates him the Divine from hence, because of the Inspection he is to have over the matters of Religion, within his Territories. By the Judicial Law of Moses, the Kings of Israel had the same Power: God gave to Moses both the Judicial, Ceremonial, and Moral Law; and appointed him to be Supreme Conserver of them all. And we gave instances of the like concerning the succeeding Chief Governors of Israel, just now, in our mention made of the Law of Israel under the Notion of a Divine Law. And Schickardus says, In Jure Regio Hebraeor. cap. 1. Theor. 2. prope prin. that the Sanhedrim, or Kings Great Council in Israel, Cognoscebat praecipuè tantum de rebus magnis; Religionem▪ & Rempublicam attinentibus, v. g. de controversiis legalibus, anno Intercalari, Pseudoprophetis, Apostatis, Excommunicandis, etc. did take Cognizance chief only of great matters, belonging to Religion, and the common weal; As for Example, Of Controversies concerning the Law, of the Sabbatical year, Of false Prophets, Apostates; of Persons to be excommunicated, and cut off from Israel, and the like. And this we say it was necessary for them also to do, as well for the Conservation of the Civil State, as of God's True Religion in Israel. The Laws of other Nations were ever the same. Let the lives of Theseus, and Solon, and other Greeks be looked upon in Plutarch. Let the Histories of Herodotus, Thucydides, Suidas, and others be consulted, both concerning the Assyrian, Persian, and Greek Monarchies, and the Laws and Customs of the several Particular Countries made mention of by them. And amongst the Romans, says Dio, Lib. 2. That Romulus did establish it by a Law (before Numa's time, just now mentioned) That the Senators amongst other things, Lib. 7. cap. 2. should be appointed to take care of the matters of Religion. And Orosius recites the remarkable passage of the Senate's refusing (in Tiberius his time, and long afterwards) Christ to be enrolled amongst their Gods; because it had not first, and according to custom, been brought before them to determine whether his sort of Religion should be permitted in the Empire: And therefore by an Edict they forthwith banished the Christians out of the City. The Roman Civil Law speaks in the very same Language, and that throughout the whole body of it; both in the Old Pandects, F. De Justit. & Jur. l. 1 ¶ Hujus Studii. and the later Code and Novels of Justinian. In the very first Law of the Old Pandects, or digests, Jus Publicum, says Ulpian, in Sacris, Sacerdotibus, F. De legibus & Senatus-Consultis. L. Name. & Demosthenes, ad finem. D. De ritu nuptiorum. Et De Donationibus inter virum & uxorem, etc. & Magistratibus, consistit; that the Public Law and Rights did Consist in Holy things, in Priests, and Magistrates. And the like afterwards Martianus, and others. Finally, let but the Titles in the digests, De Feriis & Dilationibus, etc. And De mortuo inferendo, & Sepulchro aedificando: and where the Degrees prohibited in Marriage are Treated of; and the like Laws and Titles in other places concerning many particulars belonging to Divine affairs, be consulted. Let but the particular Laws made by the several Tribunes mentioned by Cicero, Orat. Pro Domo suâ ad Pontifi●es. Philip. 1. Agrar. 2. and others, be viewed; The Lex Papiria; The Lex Roscia; The Lex Domitia, and the like. And, as to the Code and Novels, if there be one Law concerning Divine Affairs in the Digests, every one knows that there be an hundred to that one in the others: The Code and Novels being taken up, a man may say, almost wholly in settling the Affairs of the Christian Church under the Emperors. So that thus than it hath been heretofore, as to the more celebrated Records of Humane Affairs. And as to the times since in the Christian Church, Anonymi Officium Magistratûs Christiani, etc. Hagae Comitis. Anno MDCLXII. let but the one Anonymous Author, in his Collections out of the Centuriators of Magdeburg, and other Ecclesiastical Histories, and Writers, be consulted. And if we look into the present Laws of Countries in the World, either in Europe, or other parts; both where it is Christian, and where it is not; there is an Universal Concession of this Indirect Power in Spirituals to Princes by the Laws and Tenor of the Laws of all their Countries. De Aethiopum morib▪ In Literis imperator: ad Pontif-Rom. passim. So it is the Imperial Style of Precious John in Africa, to call himself amongst the rest of his Titles, Columna fidei, The Pillar of the Faith, saith Damianus. And the Author mentions the Ancient Institutions of the Queen of Sheba, who journied to Solomon; that Women also should be circumcised, and the like. Ibid. in Confess. fidei Zaga Zabo, circa med. & alibi. Poloniae lib. 2. prope med. & alibi. The like says Cromerus concerning the King of Poland, in Europe, his nominating the Bishops of his Dominions, and commending them to the Pope to be approved of by him, and so in other such particulars also. Finally, let the Histories of Russia; let the Laws of France; let the Annals and Records of the Grand Seniors affairs; let the Low-Countries Corpus Disciplinae; and the very Laws and Statutes of Geneva, or any other the Civil Laws of particular Countries and Relations of their public Affairs be consulted; and see if they do not all universally concede this power in Spirituals to the Magistrate, excepting only where the Churchman in his own name as such holds the Supremacy; as in the profound Polity of the Magnificent Bishop of Rome, not to be paralleled by any Records of the former times in the World. And indeed it is no wonder if all Laws generally do thus concede this Power, since as we have said concerning it, and that also in the Latitude of it mentioned, that no Prince can possibly subsist without it. In the interim, there have been some in all Ages who would undertake to limit Princes to the not meddling in such or such Spirituals, apparently necessary for them to meddle in. But if men in the capacity of Subjects, will undertake to prescribe to Princes in such things; it is not the Princes any longer, but they that must govern the World. 3. And last of all we come to instance in the Practices of men (i. e.) in those things which we here call so as contradistinct to the other matters of Fact already mentioned. And those are such Practices in this matter, as whereby Princes have plainly evidenced, that they must hold this Power in their hands in matters requisite, or else quit their Sovereignty and Dominion over their Countries. And for this I shall look no further then to those Princes in Europe, which hold Communion with the Church of Rome: who all of them, although they suffer the noise that the Pope makes of his Supremacy over them; yet when it comes to Trial, will not by any means grant it him in their Practice. There have been two famous, and notable examples in this matter, that have appeared of late days. The first is, that of the State of Venice in the case of its interdiction by Pope Paul the Fifth; in which case all the Princes in their several Countries, and their Ambassadors, both at Venice and in the Court of Rome itself, (those who were Residentiaries there) declaimed against the Pope. At Venice, says Paulus Venetus, Historia Interdict. Venet. lib. 1. prope fin. while the distance was yet growing betwixt his Holiness and the State, were the imperial French and Spanish Ambassadors; and they openly voted against the Pope's usurpations in the Church matters, laid claim to by him. In the Court of Rome; when the Monitory was there afterwards published against the State; the Residentiaries then present, says he also, were, Ibid. lib. 2. in princip. the Marquis of Castille from his Imperial Majesty; Alincurius, from the most Christian King; The Count of Verva, from the Duke of Savoy; and all these endeavoured with great earnestness, and even to the growing of hot words betwixt them, with the Pope, for either the quite taking away, or else the Prorogation of the Monitory: And they held Correspondence, after the Publication of it, by frequent visits and conferences with the Ambassadors of the State. The Princes themselves also, who in their several Countries disgusted it, and declared against it, were, the King of Poland; who, Ibid. Vid. lib. 2. paulo post princip. when the Pope's Nuncio solicited for the Publication of the Monitory in his Dominions, gave him an abrupt repulse. After him the Emperor; who, both in his own Person, and by his Ministers, sided with the Venetian State, and advised the Nuncio, that some temper might be found out for the business: and the like. In the next place, the Catholic King, and his Court; so soon as ever they knew the matter, were presently sensible that that was a doing which equally concerned all Princes, etc. In France, that King also amongst other things, advised the Nuncio there to a Composure. What the sense of England, and Holland, and such other Protestant Princes was, is to be presumed, and not here pertinent to be recited. But the like entertainment that this affair had with these Catholic Princes mentioned, had it also with all others. With the Great Duke of Florence; The Viceroy of Naples; the Count of Milan; the Dukes of Mantua and Mutina; and the like. So that thus these Princes and their Ambassadors would by no means endure any such thing as the Invasion of this Indirect Power mentioned in Spirituals. The other great instance in this business were the Transactions of the late Council of Trent: See the History of the Council of Trent. Passim. Where also the Ambassadors of Princes would not suffer any thing derogatory from the Laws of their Countries, and their several Masters Supreme Authorities (which they (really) held about Sacred things) to be passed into Canons. And the Prelates and Divines also of those Countries (most of them) complied no better with his Holiness. Let the Actions of Five-Churches, and others, be viewed. These two comprehensive instances then being given; let us pass from hence a little further to the more particular affairs of Princes. Let the Commonwealth of Venice, in the matter of the Inquisition, be considered of. It hath laid several Laws, and Restrictions upon that Office, and the Jurisdictions belonging to it within their Territories, to this purpose, and notwithstanding the Pope's thundering against them, as is to be seen in the Reasons of their so doing set forth by the Impartial hand of Father Paul in his History of the Inquisition, See the History of the Inquisition. Passim. but now and sometimes heretofore mentioned. The Kings of France, the Emperors, and others, have oftentimes in like manner maintained this their power against the Pope. 'Tis that the Sorbon so often now adays threaten him with, determining on the part of their King. And the further instances of these things are to be seen in the Collections of Records made concerning them by the Royal hand of the late wise King James of England. The very Inquisition of Spain holds the like course: It hath its own Laws and proper Customs by which it is Governed; See King James his Defence of the Right of Kings. Passim. See, the History of the Inquisition. cap. 28. and cap. 6. Ibid. In the Preface. Neither is it altered, or receiveth new Orders from Rome; and there is an account given of all things treated of within the State to the King; and advice sent not whither else; and the King always nameth an Inquisitor General throughout all his Kingdoms, to have inspection over that office, to the Pope: and his Holiness doth confirm him; and he being confirmed nameth the particular inquisitors in every place, which nevertheless cannot enter into their Charge, without the King's Approbation. Thus then both the most Christian, and the most Catholic King; and be they who they will, and let the Pope call them by what names he will, and be they in never so strict a League and Amity with, and professed subjection to the Church of Rome; yet still I say thus all of them deal in respect to this indirect power in Spirituals. As hath been already said, The shadow of it may be connived at in another, but the reality and substance of it hath been of necessity always retained in the Princes themselves. Lastly, The Inquisitors of Italy itself do particularly send word to Rome by every Post, Ibid. cap. 6. what is done within their Office: And we must conclude, that if it were not so, neither that part of his Holiness his Person, which is the Temporal Prince; nor that part of it neither, which is the Roman Pontifex, could be able long in either of their Capacities to support itself against its own inquisitors. And it is no wonder then that other Temporal Princes, whose Dominions are distinct from those of the Sea of Rome, and the Lands of the Church, have not admitted of the Inquisition generally; but by compact in the Original and first admission of it. Thus then; De Episcopatu ●onstantini Magni. In praefat. Si Magistratui (says Vedelius) eripiatur potestas Ecclesiastica (as he calls it) non integer amplius Magistratus, sed ex parte tantum erit: That if this indirect power in Spirituals be taken away from the Supreme Magistrate, he shall be no more an whole, but only half a Magistrate in his Society. And what Constantine told his Bishops, will be found everlastingly True; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Apud Euseb. lib. 4. De vitâ Const. of't. cap. 24. That they were constituted Overseers or Bishops by God in their more particular kind and capacity within the Church; and he in his more general way and kind also, as he stood in his capacity more without the Church. And this is that grand Branch of the Magistrates Supreme Power over all, here to be asserted, and which is one main Pillar of this Discourse. XXI. The Question, The Question answered, why the Ecclesiastical person as such should not have Supremacy over all? or Query that is here made then by the Roman Canonists, and others, (viz.) Why the Ecclesiastical Person; for the Church's sake committed more particularly and immediately to him; should not have Supremacy over all, and the contrary indirect power in Temporals as a Branch of it, and so consequently belonging to him, as well as the Temporal Magistrate the like Supremacy, and this consequent indirect power in Spirituals, which we have mentioned? will be, after these previous considerations laid down, the more plausibly and easily answered by us. In the interim, this Supreme Jurisdiction over all in Churchmen is the thing driven at by the Doctrines of two sorts of Persons in the Christian Church, (viz.) The Chair and Conclave of Rome; and aspiring Consistories and Synods of Presbytery, as they are stated and desired by some: And by both these, if not professedly, yet at least in the issue and effect of things, as hath been said already. But we come to give only three weighty reasons for the Civil Magistrates Supremacy. And those are: 1. Because the natural intent of the Civil Magistrates office imports it; Which primarily is the conservation of Humane Society (specifically taken, and as contradistinct to Church Society) and the governing men in their primary capacity of men. But Humane Society is the foundation of all Church Society; and without which that Church Society cannot subsist. And the Ecclesiastical Person governs men only in their secondary and additional Capacity of Church-members, or Christians, where the Christian Religion is professed. And therefore the Supremacy, from the nature of things, inevitably and necessarily belongs to him, who governs men in their Supreme and first Capacity. Contra parmen. lib. 3. Non enim Respublica est in Ecclesia, sed Ecclesia in Respublica, says Optatus Milevitanus; The State is not in the Church, but the Church in the State. And Aristotle; Polet. lib. 3. cap. 1. n. 5. Atqui ridiculum fuerit & absurdum putare ut two Magistratu careant, qui sint Authoritate summa praediti; That it would be a ridiculous thing and absurd, to think that they should want a Magistracy, who are endued with the Supreme Authority. Ibid. lib. 3 cap. 4. n. 26. in princip. And elsewhere; Maximus autem ubique Magistratus aestimatur, civitatis administratione, quae nihil aliud est quam ipsa Respublica; That the Magistrate was accounted every where to be the uppermost in the Administration of the City, which is nothing else but the Common-weal. And so all that proceed by the light of Nature. For the Superiority of the Ecclesiastic, neither in all Humane Affairs, nor consequently in an Ecclesiastical Uniformity, was never known, nor heard of in the World, for aught appears by any extant Monuments of Humane Affairs, till the claim laid to it by the Popedom, and that by virtue of the pretended Divine Law on its side. 2ly, The Divine Natural Law of God hath constituted the Civil Magistrate as Supreme over all accordingly also. And so it was upon the account of the first Fathers being Fathers; that they had by that Law, and the voice of God from Heaven (as was said above) Dominion and Rule over their Children. Lib. 1. Chap. 3. §. And it was upon the account of Moses his being Civil Magistrate, that he was constituted Supreme over all Israel. And so it was also in the succeeding Judges and Kings of Israel. And the Prophets called Kings the Nursing Fathers, and Queens the Nursing Mothers of the Church. Isa. 49.23. And cap. 60.13.16 etc. And the like accordingly in the New Testament. Christ himself, the eternal Head of his Church, and who is above all Principalities and Powers in Heavenly places, Matth 17.24, 25, 26, 27. Matth. 22.16, 17, 18, 19, 20, 21. Mark. 12.14 Rom. 13.4. 1 Tim. 2.1, 2. Lib. 1. cap. 3. §. 12. 1 Pet. 2.13. paid Tribute to Caesar, and taught his Disciples that Lesson. And St. Paul lays down the Universal good of mankind as the end of the Civil Magistrate his executing of his Office; and exhorts that Prayers and Supplications be made, first of all for Kings; that under them we may live a quiet and peaceable life in all Godliness and Honesty. And St. Peter (as was said above) calls Kings the Supreme amongst men. And in all these and the like instances and places of both Testaments, there is a concession of the Supremacy in Humane Societies, either express, or supposedly made to the Civil Magistrate. 3. The third and last Argument for it is from the consequences of the contrary, in respect to the Civil Magistrates Office. For, let but the Ecclesiastical Person be once constituted as Supreme, and then presently he will, and must of necessity claim an indirect Power in Temporals, sufficient for the supporting of that his Supremacy. 'Tis the very thing which is done by the Roman Pontife● at this day; Vid. De pontiff. Rom. lib. 5. Cap. 5.6 etc. and which is maintained by Bellarmine, and the other Champions of that Sea: and then, this indirect power in Temporals being conceded to him, it will give him ability of invading the Office of the Civil Magistrate. And then, the corruptions of men being considered; and the Mundane Honours and interests which belongs to the Office of the Magistrate (as was mentioned above) being proposed as a Temptation to the Ecclesiastical Person; lib. 2. cap. 4. §. 7, 8, 9 he will be always converting into the Civil Magistrate, and injuriously usurping the Temporal Splendours of his office; Nay, he must of necessity possess them, for the support of his Ecclesiastical Supremacy: and so in the end the very Office itself of the Civil Magistrate will be quite extinguished and swallowed up by the Supremacy of the ecclesiastics. In his Defence of the Right of Kings. An instance of these things is to be seen also in the Bishop of Rome. King James objects to him; that at the first he was but the poor parish Priest of his Church in Rome; but that now he was grown to a Supremacy over Kings, an Universal Pastorship, etc. And this is also farther to be observed concerning him; that although he possesseth all the splendours belonging to the office of the Civil Magistrate, (He dispenseth the great Offices of State; he is served in a more magnificent manner than most Temporal Princes in the World,) yet scarce any such thing as the Supreme Civil Magistrates Office is owned to be sustained by his Person; but all is absurdly, and against the nature of things, given out as belonging to him one way or other at least, principally as St. Peter's Successor. But now on the contrary; if the Civil Magistrate hold the Supremacy, there is no such danger of the like perpetual injury, and of his usurping, or extinguishing the Ecclesiastcal Persons Office: There being no such worldly splendours belonging to it, neither superior nor equal to those of the Magistraties own Office, to be a temptation to him to usurp it. So then, this distinct order of Persons and Power, which hath been mentioned, and which is appointed by God and Nature, being preserved and kept up in the World, and particularly in the Uniformity of Churches, there will follow no such confusion of things, nor destruction of the right and natural order of them, appointed for the governing of the World, and the welfare of mankind in all Ages, as hath been mentioned; but if the contrary disorder be attempted, the contrary confusions and absurdity in things accordingly will necessarily follow. By the Magistrates indirect Power in Spirituals, he is appointed to be Foster-father to the Church. Is. 49.23. Prov 8.15, 16. Psal. 2.12 Dan. 2.31. The Supreme Magistrate may commit the exercise of this Indirect Power in Spirituals to others. XXII. In the interim, by this the Magistrates indirect Power in Spirituals, which I have here all along mentioned, he is appointed by God to be a Nursing Father to the Church: Which he should never forget to be; considering that it is by God that King's Reign, and by him that Princes distribute Justice: He should kiss the Son, lest he be angry; or else he, that hath broken in pieces the Head of Gold, the Brass, and the Iron, and put a period to the greatest Monarches in the World, can also in a moment put a period to any temporal Prince's power whatsoever. XXIII. Last of all; the Supreme Magistrate in any Ecclesiastical Uniformity may commit the exercise of this his Indirect power in Spirituals to the Governors of the Church under him: And there is a necessity of his acting by others in this kind, as well as in any other; because himself is not able to bear the whole burden alone. And the more directly things tend towards the nature of purely spirituals; and the more nearly by consequence that they concern the Church; the more fit it is, that, where the Church is Incorporate into the State, they should be put into the hands of Churchmen to manage; the respects only, which have been mentioned, Hic Supra. §. 5. being kept up to humane Society in the mean time. So then, to Churchmen principally they should be committed in Ordinary: The power of inspection over the Churchmen being only reserved to the Prince himself, and the Liberty of Appeals to him from them, in any case happening, being granted to the Subject. And this is the case of the Church Governors, and the Index Ordinarius, or Ordinary in England. And of the like also in other Churches. CHAP. VII. The Proposition asserted, that, Humane Condition in this World being considered, there can be no such thing indulged (really) in any State or Common Society of men, as a lose and open Toleration of venting and disseminating of Opinions in matters of Religion, without deadly Feuds and Contentions in that Society, and the dissolution of it in the end by those Feuds, and men's falling together by the Ears, and to War one with another. The dispraise of such and the like Feuds, and Contentions: And how they make to the hurt of Religion, and also of Government, and also of the consistency of Religion with Government; and how much they are forbidden in Scripture. The Conclusion drawn from all these things. I. FIrst, What is meant by an Opinion in matters of Religion, explained. II. What is meant by a lose and open toleration of divulging such Opinions, explained also. III. The things here to be considered of, as accompanying Humane Condition in the World, assigned. iv The proof of the main Proposition from three Considerations of things. V First, from the Aptness of men to entertain opinions in matters of Religion. VI Secondly, From the infinite variety of these Opinions amongst them. VII. Lastly, From the Array in which they go forth to the propagating and defending of these their opinions. VIII. The more particular mischiefs of Opinion-Contests to the affairs of Humane Societies. IX. First, To Religion. X. Secondly, To Government. XI. Thirdly, To the Consistency of Religion with Government. XII. And Lastly, How much they are forbidden also in Scripture. XIII. The general Conclusion subjoined to all these things. What is meant by an Opinion in matters of Religion, explained. Supra lib. 2. Cap. 1. §. 4, 5, 6, 7, 8. I. THe Causes of men's contesting their Opinions in matters of Religion being above described, we come here to describe the effects of their divulging and such their consequent contesting of them in any Society: And those we do assign to be deadly Feuds and Wars amongst men, and finally by them the ruin and confusion of any such Society. First of all than we shall explicate what we mean here by an Opinion itself in matters of Religion. And an opinion is taken either properly, De Repub: Dial. 5. ad finem. or improperly: And strictly taken in the General says Plato 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. It is a middle thing betwixt ignorance and knowledge: And that because of the doubtfulness of the mind in assenting to the particular matter of such an opinion. And, if we farther distinguish it, it is taken either effectively, for the weak and doubtful assent of the mind itself to any Proposition; and so, Est actus Intellectus declinantis in unam partem contradictionis cum formidine alterius, Secunda Secundae Quaest. 1. Art. 4. says Aquinas; That it is an act of the intellect inclining to one part of the contradiction with a fear of the other its being true also. Or else, objectively, for that sense of the Proposition which is so assented to. But we understand not an Opinion here in this proper sense of it; but improperly, and more largely; and that is for any Judgement whatsoever held by men concerning things in matters of Religion. And the Truth is; The vulgar heads amongst men (in Relation to whom principally we mention contesting of opinions up and down in this discourse) do seldom entertain any Judgement in matters of Religion purely probably, and opinionatively, as the Term is properly taken: But, partly from the shortness of their own Eyesight, and their want of farther insight into things, and Arguments pro and con concerning them; and partly from the little experience they have of the uncertainty and difficulty of many matters of Knowledge and Study, and how many times men do upon farther search and trial of both sides recant their first thoughts concerning them; and partly from the influence which the present sense they have of things hath upon them, especially the Sacred Notion of Religion accompanying it and overbearing them: from these and the like causes they judge all things that they have but any notion and apprehension of, to be certain, and as if there were no opposition to be made against them; and that because they have none to make themselves. And these are the common Rout, who have ordinarily these Judgements and Opinions sowed (as a man would sow seed in a field) upon any occasion amongst them; and who are accordingly also hissed on by others to the contesting of them. In the mean time they who are of deeper and abler heads in any Society, and who ordinarily see cause in most things to be of more Temper; either, the one sort of them, they do charitatively and honestly acquiesce, and think that by doing so they do their duty (for it is most certain that (as Mr. Chillingworth says) there be many things in Religion, Against Knot. the certainty of which will not be known till the day of Judgement, nor is it any great matter whether it be or not.) Or else the other sort of them, like cunning men, Heresiarks, and Ringleaders of Sedition (as we mentioned above) they do gather a company with Corah, Lib. 2. cap. 4. §. 6. etc. and muster them up in the defence of the opinions entertained by them, even to public Feuds and Wars themselves, and the other dire effects of these things just now pointed at by us. So then, such a Judgement of men in matters of Religion, so confided in by the one sort of those mentioned, and so ordinarily made use of by the other, is that which we here first of all more expressly, and hereafter in like manner frequently call an Opinion. II. We shall explicate also, What is meant by a lose and open toleration of divulging such opinions, explicated also. what we mean by a lose and open toleration of men's venting and divulging such their Opinions. And by it is meant a Toleration, over which there is no restriction, nor Government held at all, by the Governors either in Church or State in any Society: No not so much as by a private underhand balancing of those opinions which are suffered so to be vented and disseminated. And this kind of toleration is it also, which we do oppose to that kind of unity in matters of Religion, Lib. 2. cap. 1. §. 9, 10. Infra Lib. 2. cap. 8. §. 5, 6, etc. which is above mentioned: and which unity will be interpreted to be the same with an Ecclesiastical Uniformity, which will be mentioned hereafter, and treated of more particularly in the Third and last Book belonging to the Body of this Discourse. And this Toleration it is, which we do here affirm, cannot (the condition of men in the world being considered) be permitted in any Society, without those dire and dreadful effects mentioned following upon it. III. The things to be here considered of, as accompanying Humane Condition in the World, assigned. Lib. 2. cap. 4. §. 1, 2, 6, etc. Lib. 2. cap. 1. §. 4, 5, 6, 7, 8. The things to be here considered of then as accompanying humane Condition in the World, and in order to the proof of our proposition by and by from the consideration of them, are more generally the two grand Causes of all mischiefs in humane affairs mentioned by us above, (viz.) The Infirmities and Corruptions of men; and more particularly, the ordinary causes of Religious contests assigned (as we said just now) above also. And that whether they proceed from either of those more general causes in men. iv We descend then from these things to the proof of our main proposition; The proof of the main Proposition from three Considerations of things. That it is impossible for any purely lose toleration of divulging of opinions to be permitted in any Society, without the destructive effects mentioned to be consequent upon it: and that I shall prove from these three considerations of things in conjunction one with another. First, from the aptness of men to entertain opinions in matters of Religion. V First of all, from the aptness and readiness of men to hearken after and conceive and entertain opinions in matters of Religion. It is true, in relation to all affairs in the World whatsoever, That Humane Nature is greedy of News, and delights to know any thing which is Rare and Curious: Pythagoras olim quid senserit, & quid acutus Chrysippus, vel quid Priscus Anaxagoras. Scire etiam quid Protagoras, Zenoque, Platoque Tradiderint, & quid Magnus Aristotle's. Scire etiam quotnam fuerint Bacchique Jovesque etc. What Pythagoras thought heretofore, and what acute Chrysippus, or what Ancient Anaxagoras. To know also what Protagoras, and Zeno, and Plato Did deliver, and what Great Aristotle. To know also how many Bacchuses and Jupiter's there were, etc. And if so in all other matters, then much more in matters of Religion; which, some of them, do indeed, most of all things in the World, concern men, and belong to them to know, (viz.) such as are Fundamental, and necessary to their eternal welfare in another world, and others which pro hic & nunc are either in a lesser or greater degree requisite. But the vulgar amongst men do use to entertain all things that bore but the name of matters of Religion, and are cried up amongst men for such, under these Notions; and be they otherwise never so purely speculative, or dubious, or not enjoined in Scripture, or any ways remote from the Foundation, and the like, and so impertinent for them to be so solicitously busied about: And no wonder then, if they desire to know them, and are so ready to entertain Opinions concerning them. Secondly, from the infinite variety of these opinions amongst them. VI Let us add to this the consideration of the numerous multiplication and increase of these Opinions in men, which doth follow upon their thus greedily harkening after the entertaining them. Scarce any thing is ever brought into question, but there are presently several Opinions form concerning it; and those presently are again divided, and subdivided by the variety of Heads amongst men. Quot Capitum vivunt, Horat. Serm. lib. 2. satire. 1. totidem studiorum Millia.— And Mille hominum species, & rerum discolor usus. Pers. satire. 5. Velle suum cuique est, nec voto vivitur uno. As many heads as are amongst men, so many thousand there are of minds. And There are a thousand diversities of men, and a variously different use of things. Every one hath his will, neither do men live with one sort of Wish. And this variety of Opinions amongst men will not at all be wondered at, if we look but to that infinite variety which is in Nature in all things whatsoever. And, as in all other things, so in the natural and ordinary causes of men's forming their Opinions. And those Natural and Ordinary causes become necessary also, Positis debitis circumstantiis, and the circumstances attending men's several cases being weighed as belonging to them. Such natural causes of men's varieties of Opinions in matters of Religion, and those so necessary, as is said, (and where there is otherwise no special direction of God) are a thousand things in the World. Their Masters, their Books, their Companies, their Interests, their Constitutions, their Educations, their varieties of Tempers and Distempers, their degrees of light and understanding, and other the like things in all the infinite particulars of them; and all of them operating diversely in men. The experience of all Ages will justify these things: and particularly the Histories and Monuments of the Christian Church have been a large Comment upon the Truth of them. How many diversities of Judgements have there been? and all of them accounted Heresies by the mutually contesting parties in matters of the Christian Religion: In the Histories of Eusebius, and others; in the Catalogues of Epiphanius, Philastrius, St. Augustine, and the like Writings, it is to be seen. And how have these been diversified over and over again, in several Ages and Countries, ten thousand times amongst men. So that we need look no further for the illustrating of this second consideration, then from these causes mentioned to their effects, and from the effects back again to their Causes. VII. In the third and last place (for the proof of our Proposition) Let us go but one step farther, Lastly, from the array in which they go forth to the propagating and defending of these their Opinions. and add to both these also the consideration of the several qualities in which men come forth in Array, as it were to the Venting, Propagating, and defending of these their Opinions, when thus entertained by them: and those are accordingly as they are accompanied either with the general Causes of all mischiefs in Humane Affairs, or else with the more particular Causes of Religious Contests: Hic Supra. §. 3. And both these, such as were mentioned by us just now; and so some come forth accompanied with their corruptions, cunning, self-ends, and worldly designs; Others with their infirmities, weaknesses, and indiscretions: the one sort of them being weak in Judgement, and fit to be led, and distinguishing neither of times, nor persons, nor things; neither considering from whence things proceed, nor whither they tend; and the other sort leading them (if they do not run fast enough of themselves) to the accomplishing their several designs of Envy, Anger, Hatred, Malice, Ambition, Avarice, etc. although in the interim, as to the public, it be even to the ruin of all Humane Society. And in the like manner are these contestors of opinions accompanied also with the particular causes of such their contesting them; Those ordinary ones which have been mentioned, and the like others, and so some come forth accompanied with their hot fiery vehemence of mistaken Zeal, proceeding from the potent influence of the unduly fixed and immortal notion of Religion on their minds, and having an appetite to burn up all like stubble as it were that comes in their way: Others with the mixture of their private Passions, together with their indiscretion and furious Zeal: Others with the mixture also of their adored worldly interests, together with all these things. And although perhaps the weaker sorts of these contestors discern not, even in themselves, the private and subtle mixtures of these base things in the mean time; yet however the effects of them are never the less direful to humane affairs. And now the great varieties and numbers of the mutual Thwart of men's Opinions, which use to be in the World, being considered in conjunction with these things; if all these things thus in conjunction one with another, be not enough to bring any Community under Heaven to the distempers and ruins which we have mentioned, if the swing of them be permitted; Then Sphinx aliud fingat, Let any man assign, if he can, any more certain and effectual causes of those Distempers and Ruins, even in the Civil part of Humane Affairs, and where the potent influence of Religion (mentioned) is not in Conjunction with them. And if there be an open lose toleration of these things, where can they or will they stop, but at the Sword, which is the fatal and last way of determining all Controversies amongst men. And if any toleration whatsoever proceed but so fare as to the predominating of these things, than 'twill be found experimented too late, That the Tumultuous multitude and interests of men, when in such a Posture, are not to be ruled; and then either one party must prevail and be uppermost, and oppress all the rest, and reduce them to a conformity to such Laws to be held over their opinions, as they shall think fit, and then the lose Toleration is at an end; or else all must persist to contend mutually to their final ruin, and confusion. Instances, in these things, there are innumerable, if a man will but look into the Monuments of Humane Affairs. In Euthyphrone vel de Sanctitate, in princip. Quae sunt igitur ea (says Plato) de quibus cum dissentimus, nec judicare facile possumus, inimici efficimur, & Iracimur? Why, Sunt justum & injustum, pulchrum & turpe, bonumque & malum: Haec sunt (says he) de quibus, cum dissentimus, nec possumus ad sufficiens horum judicium pervenire; Hosts efficimur quoties efficimur, & ego & tu, ac demum homines universi. What are those things, about which when we disagree, nor can easily judge of them, we become enemies one to another, and are Angry? Why, they are just and unjust, fair and fowl, good and evil; These are the things, about which, when we disagree, nor can come to a sufficient Judgement of them, we are very often made Enemies one to another, both I and thou, and in fine the universality of men. And it is that which Herodotus says of the Thracians; In Terpsichore. ad princip. Gens Thracum secundum Indos omnium maxima est; Quae, si aut unius imperio regeretur, aut idem sentiret; ut mea fert opinio, inexpugnabitis foret, & omnium gentium multò validissima: sed quia id arduum illis est, & nulla ratione contingere potest, ideo imbecilles sunt. That the Nation of the Thracians according to the Indians is the greatest of all; which if either it had been governed by the Empire of one, or else could have but been of the same mind; that his opinion was that it would have been invincible, and the most potent of all Nations; but because that was very hard to effect, nor could not by any means be brought to pass, that they should be so, therefore they were inconsiderable and weak. But let us look into the Church Histories, both of the Christians and of the Jews. It was Jeroboams policy (1 Kings 12.26, 27.) for the dividing Israel from Judah, First to divide them in their Religion; and then he was sure they would not cement again. Indeed the Jews and Samaritans differed in some things fundamentally, and to such a degree, as might deserve contention: In other things but only triflingly, Vid. Epiphan. Tom. 1. lib. 1. Haeres. 4. See Weemes his Christian Synagogue, pag. 147. and Jo. 4 9 and for little cause, especially in the after Ages and later times of their separation: and yet their hatreds and implacable differences arose betwixt them in all things, and even beyond any due limits. The Jews would not at all converse with the Samaritans, nor eat with them, nor wear the same Apparel, nor write the same Character: The worst they thought they could say of Christ, was, that he was a Samaritan, and had a Devil: They excommunicated them yearly by sound of Trumpet; Vid: Drusium de Trib. Sect. lib. 3. cap. 11. ex Ilmedenus They cursed them in nomine Tetragrammato, In the Name Jehovah; They sealed their Curses on Tables, and sent them throughout all Israel. In the like kind hath their dealing been with us Christians, as it was with their Neighbours the Samaritans. They call us Goijm, The Abominable; and Christ, the Hanged God, etc. And if we look into the Christian Church, the like have been the bitter Feuds amongst Christians themselves; even amongst those that have been of one Civil Community and Conjunction, and have professed to have been of one and the same Church of Christ. The Church Histories are full of these things in all times and Ages, where opportunities of them have been given. Hist. Ecclesiast. lib 2. cap. 22. and 26. Ibid. Cap. 23. The Historian Socrates is witness, what wrackings of Joints, sales of Estates, Banishments, Deaths, etc. were inflicted by one party upon another; how they contested their Judgements and Opinions with Fire, and Stripes, even to egregious Cruelties, and the Barbarous depriving one another's dead bodies of Burial, and to the Mutilating, and Banishing, and Murdering the Ministers of Churches, Ibi. cap. 30. and the like; how they gagged the mouths of them that would not communicate with them in the Sacrament, and forced the Sacramental Bread and Wine down their Throats, and stretched forth the women's Breasts with Instruments, and and Pincers, and Sawed them off; Others they burned off with red hot Irons, and Eggs made burning hot in the Fire, and the like: How they pulled down the Churches of some, Ibid. Vid. made the others swim with blood, and the like. It is a shame, and would irk any one to read of these and the like things: and all these, and many more such have been the effects of the contesting of Judgements, even in the Primitive Christian Societies. Finally, the several Martyrologies of Countries contain these things in Folio. The late Sacred flames and intestine Wars of Germany, France, Ireland, England, and other Territories have been recent and fresh examples of them. And in all these, the predominating Causes of men's contesting their Opinions (which I have above mentioned) have run away with them furiously, and put the several Societies into a flame. And thus is the proof of the Proposition. The more particular mischiefs of Opinion Contests to the Affairs of Humane Societies. Supra. lib. 2. cap. 1. §. 12, 13, 14, 15. VIII. So then, as I have above more particularly described the benefits of that Charity and Peace, which accrue to Humane Affairs from that opposite Unity which may ordinarily be held in matters of Religion; so here I shall in like manner describe also those mischiefs that flow from these Dissensions, and public contesting of Judgements, which are the effects of this lose toleration in the same matters, and how much also they are forbidden in Scripture. First, to Religion. IX. First then, how much they make to the hurt of all Religion whatsoever (which Feuds, Wars, and popular Contests always prejudice more or less) but in an especial manner to the hurt of the Christian Religion, which we still eminently refer to: And as to that, they create Atheism, and Profaneness, and all manner of Scandals and Offences amongst men; They blemish the Christian Profession, both as to those that are without, and as to those that are within; they drive both of them from the very Profession (either of them in any serious manner) of the Christian Religion; which they think (from their beholding them amongst Christians) maintains so ill things, as such bitter and passionate Feuds and Contentions are. The Jews have a saying, That the Christians predicate their Messiah to be the Prince of Peace; but that they themselves are ever at Wars: As if (like to what is said of Semiramis) they carried a Dove in their Banners, but with a bloody Sword in his Beak. And it is a true saying of the Lord Verulam, See, his Essays. Ess. 3. of Unity of Religion. and which the several Ages of the Church will testify to, that, in respect to Scandals and Offences, Heresies and Schisms have done by far more harm in the Church, than corruption of manners. Alike hurtful also these contentions and Opinion-Feuds are to the Practice of the Christian Religion. And briefly, whatsoever benefits we have recited above to accrue by Charity and Peace to it, Lib. 2. Cap. 1. §. 12, 13, 14, 15. the contrary mischiefs in every respect we do assert here to accrue to it by these Contentions. Instances and evidences of these things there have been ever abundance, if I should stand to recite them. Apud Socrat. Hist. Ecclesiast. Lib. 1 cap. 5. In his Politics. lib. 2. cap. 8. It was not for nothing that Famous Constantine burned the Bills of Complaint, that were brought to him by the Ministers in his time in the Christian Church. And it is the saying of Contzen the Jesuit, That all open Disputes amongst the Vulgar, concerning either Points of Religion or Government, do weaken the Authority of such Points, at least by bringing them into doubt with men. And the late Civil Wars of France were a great instance of these things: See, his History in the first and second Books, and elsewhere. the Wars lasted about fifty years, and there were (says Davila) the Religious names of Lutherans and Calvinists, Hugonots and Catholics, and the like, to lead the front of them. And it was said in a Proverb about Italy, and in other Countries, at the end of them, That the Civil wars of France had made a Million of Atheists, and thirty thousand Witches. X. The like are the mischiefs also of these Opinion-Contests to Government, both in Church and State, in their several Spheres: Secondly, To Government. They bring all the mischiefs, and make, all those several ways, to the hurting of the present lawful Governors and Government, which are contrary to the benefits, and to those several ways by which those benefits accrue to them by the Charity and Peace above mentioned. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, says Aristotle; Polit. lib. 5. cap. 3. n 17. Thirdly, to the Consistency of Religion with Government. And lastly, how much they are forbidden also in Scripture. That the States of commonweals are sometimes changed without Sedition, (viz.) by Contention. XI. And in like manner do they make to the hurt of the consistency of Religion with Government. XII. And last of all, in like manner also are they forbidden in Scripture, and in both parts of the Divine Law of God. See Deut. 7.2, 3, 4. Deut. 12.2, 3. Deut. 13.1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11. Prov. 6.19. & 17.11. & 18.6. & 30.33. and Matth. 12.25 Rom. 16.17. 1 Cor. 1.10, 11. The General conclusion subjoined to all these things. XIII. We have then further but one consectary and conclusion to subjoin to these things here in the end of this Chapter; and that is, that if it be so then, that that Charity and Peace which we have mentioned, make so much to the welfare of the Public Charge of the Magistrate, and are so much commanded in Scripture, and that the contrary contentions hurt so much the same Public Charge, and are so much on the contrary prohibited; then in how great a measure is it the Duty of the Supreme Magistrate, and all Governors under him, both in Church and State, in their several Stations in every Society, to take all care possible, and to use all lawful means that their affairs will permit, for the preventing and the removal of the one sort, and for the cherishing and promotion of the other sort of these things, in respect to their several Societies, Vid. D. Ad legem Juliam, De vi publica. l. 3. & l. 1. etc. Et D. De poenis L. siquis aliquid fecerit; & L. si quis aliquid ex Metallo ¶. Authores. Et D. De. Re Militari. L. ult. Et D. De operibus Publicis. L. opus novum privato. Et C. De Episcop. & Cler. L. Quicunque residentibus. Et De Pagans & sacrificiis, et Templis. L. Christianis qui vero sunt. Et C. De his qui ad Ecclesiam Confugiunt, etc. L. Hac valiturâ. et Ad Legem Juliam Majestatis. L. quisquius. Et vid. Novel. Constitut. 17. L. Deinde Conversus. Et L. neque occasione, etc. Et sic in aliis Legum Codicibus; et legibus, passim ubicunque in orbe Conditu. and for the welfare of the members of them. It is upon the accounts mentioned, that all Laws have ever had these respects to these things. And certainly he that will deny the evidence of this Conclusion, must deny light to the Sun. CHAP. VIII. The two Propositions asserted, (viz.) 1. That there must of necessity be some Doctrine, or Body of Doctrines, for profession of assent to be made to; and some form or way of worship, to be used in Common; and both these as a Foundation for a medium or common means of procuring a charitative Communion amongst men in matters of Religion in any Society. 2. That there must of necessity also be a restraint held upon men's venting of their Opinions, as a means for the preventing and removal of Religious Contests; and both these sorts of means to be used to these ends by the Chief Governor, or Governors in such Society. I. THe Assignation of the means for the procuring, a Charitative Communion, and for the preventing Contentions, as to matters of Religion, in Humane Societies. II. And first, in order to the Assignation of the Means for the procuring such a Charitative Communion: The matters of Religion Distinguished. III. Those matters of Religion also Assigned, in Relation to which such a Charitative Communion is to be held. iv The state of the case concerning the holding that Charitative Communion in relation to them. V The Unity necessary to the holding of it, described. VI That Unity distinguished. VII. The Internal Unity defined, and applied to the holding of that Charitative Communion. VIII. Nothing Internal can be a Medium for such a Charitative Communion amongst men. IX. The External Unity described and distinguished diversely. X. The more general Assignation of it as the Great Ordinary and stated Medium for the holding such a Charitative Communion. XI. The more particular Assignation of it as such also. XII. The great secondary Medium, for the holding of such Charitative Communion, assigned also. XIII. The things Fundamentally necessary to the being of these Mediums assigned; and the proof of the First Proposition following upon it. XIV. An Appendent Question resolved. XV. The Proof of the Second Proposition also. XVI. The general Conclusion subjoined to all these things. The Assignation of the means for the procuring a Charitative Communion, and for the preventing contentions as to matters of Religion in Humane Societies. Supra lib. 2. cap. 1. §. 12, 13, 14, 15. Lib. 2. cap 6. § 8, 9, 10, 11. I. HAving above described the benefits of Charity and Peace to Humane Societies, and evidenced the necessity of some kind of Unity as to matters of Religion to be held amongst men in order to them; and having also described the mischiefs of Opinion-Feuds and Contentions on the contrary, and evidenced their being the effect of a lose and open toleration of the venting of such opinions; I come here to assign the Means, as for the preventing the one sort, so also for the procuring the other sort of these things in such Societies. And first, in order to the Assignation of the means for the procuring such a Charitative; Communion; the matters of Religion Distinguished. Supra lib. 2. cap. 1. § 12. II. And first of all then; in order to our Assignation of the means for the procuring positive Charity, and the most proper sort of Peace (as was above mentioned) flowing from it, we must distinguish of the matters of Religion which those things have a respect to: And all such matters of Religion are either matters of Doctrine, or matters of Worship. Those matters of Religion also assigned in relation to which such a Charitative Communion is to be held. III. About these then, and under these Notions, as all the Opinions mentioned are framed and contested, so all hearty Charity and Peace doth use to be held. And if there be not such Peace and Charity held, and the means used for the holding of them, the contrary Contentions about them will follow in Humane Societies; At least the vulgar lie open to be led actually into them by any Heresiark, Supra lib. 2. cap. 6. in princip. passim. Ibid §. 1. or Ringleader of Sedition at any time; Their Property (which was mentioned) of judging all their Notions in Religion to be certain, being considered. But if there be such an hearty Charity and Peace held concerning these matters; then there are no matters of Religion coming under any other Notions whatsoever, from whence Contentions any ways dangerous to the public weal need to be feared. And these things are evident from all times and Histories in the World: Let the Church affairs of the Jews, Gentiles, Christians, and Mahometans, be looked into. Finally, it is no wonder if it be so, since all matters, both of belief and practice in any Religion, whatsoever, which lead to the Eternal Salvation of men in another world, come under one of these Notions, either of Doctrine or Worship, as is said. And as there is nothing in the whole being of things, which will more divide men, than Contentions about these things, (as hath been several times already hinted) so there is nothing which will more closely cement and unite them, than a Charitative Communion about these things also. Experience hath always testified it. IV. Doctrines then in matters of Religion are either Written, The State of the case concerning the holding that Charitative Communion in relation to them. or unwritten and Traditional: And such a Charitative communion may be held in respect to either of them. But because writing is, and always hath been the more ordinary way of the Conservation of Things and Records amongst men; and therefore the written sort of these Doctrines are more ordinarily found in all Churches and Humane Societies; for this reason it is, that we here intent the Peace and Charity mentioned to be held principally concerning them. Worship also is either Public or Private: And because men are supposed to be reserved and more separate in their private Divine Worship (or else such Worship will not bear the Notion of Private) Therefore it is that such mutual Peace and Charity is here intended to be held concerning the Public Divine Worship also; and that whether more or less principally, according as it is more or less Public, and may from the more or less common use of it be so styled. V It was said above, That Unity was the mother of all Charity. The Unity necessary to the holding of it, Described. Lib. 2. Cap. 1. §. 11. Ibid. That Unity Distinguished. The Internal Unity Defined and applied to the holding of that Charitative communion. Nothing internal can be a medium for such a Charitative Communion amongst men. And so consequently it is to be supposed here, That there must be some kind of unity as to these matters of Religion, for the holding of this Peace and Charity mentioned amongst men. And what this kind of unity was, we said, we should here describe also. VI All the possible unity then that is to be held in matters of Religion amongst men, is either Internal, or External. VII. The Internal unity is that which is held in respect to Inward Acts of the mind; and those of them that are here primarily concerned, and as respecting Doctrines and Worship in matters of Religion as their object, are either Assent, or Dissent, or the middle thing, doubting about them. VIII. Nothing Internal can possibly be of itself, and immediately, a medium or means for the procuring a Charitative Communion amongst men in any matters whatsoever; And so then, not in matters of Religion: And that because inward Acts of themselves come not under the cognizance of men: they not affecting their senses, and so cannot affect them. Acts 15.8. and 1.24 etc. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, That God is the searcher of hearts, and the like, says the Christian Scripture: And therefore, Cogitationis paenam mereri neminem, That no man deserves punishment for thoughts, is the voice not only of the Roman Civil Law, D. De Reg. jur. Reg. 195. but of all Humane Laws whatsoever. And, Expressa nocent, non expressa non nocent, says Modestinus; That things outwardly expressed hurt; but that things not outwardly expressed do not hurt. A real Union and Communion there may be, it is true, in such inward things: But that cannot become charitative and promotive of Peace amongst men, any farther than it is outwardly signified. Besides we inquire here concerning a stated and ordinary Medium for the procuring of such a Charitative Communion amongst them. The external Unity Described, and distinguished diversely. IX. So then, all external unity that is possible to be held by men in the matters of Religion mentioned, is in Relation to external Profession; and that as it respects such matters under the abovesaid Notions, either of Doctrines or Worship: And both of them, as they are matters, either of Belief or Practice: And in relation to all these, as such external profession includes and supposeth ordinarily, and is so taken to suppose either the Inward Acts of the mind as the Causes of it, and in order to it, or else the outward Acts of the Body, as the effects of it and consequent upon it. The Inward Acts of the mind, (viz.) Primarily, Assent, Dissent, or Doubting (i. e.) those above mentioned of the Intellectual or Prime Faculty of the Soul, concerned as leading the Front in men in these and all other things. And secondarily, consent, and the like Acts of the Will and the Affections consequent upon them: and the outward Acts of the Body in relation to Doctrines or Practice; in relation to Worship, the use of it, and the like. The more general assignation of it as the great ordinary and stated medium for the holding such a Charitative Communion. X. And this unity of External Profession now is it, which thus generally respects all these things, and also incurs into the Senses; and therefore comes under Humane Cognizance; and also is possibly and ordinarily to be held in the matters mentioned amongst men; and also is operative in them of mutual affection; and therefore for all these reasons is fit (and assigned by us here as such) to be an ordinary stated Medium for the procuring such a Charitative Communion, as hath been mentioned in any Society. The more particular assignation of it as such also. XI. And because some Religion or other is supposed to have a being, and to be approved of and assented to always in all Humane Societies: And because the medium here to be mentioned, aught of its self, and in its own Nature, to tend totally and evidently to the Peace and Charity which it is assigned as a medium of▪ therefore amongst all the sorts of External Profession mentioned, in respect to the Inward Acts of mind, it is Profession of Assent only (either to matters of Doctrine or Worship, either Practical or Speculative) which is here primarily to be looked upon as such a stated medium for the Communion mentioned; and the outward practice of Doctrines, or use of Worship, are to be looked upon as Testimonial to it. XII. Yet because public Worship is the most solemn way, The great secondary medium, for the holding of such charitative Communion, assigned also. next to this General and Universal Profession, of men's external concurrence in matters of Religion; and because the Sabbaths, and other times of such Public Worship (both Stated, and Occasional) recurre so frequently as they do, and ever have done in all Religions; and also because the use of such Public Worship, and men conjunct partaking in it, are at the times of it the things they are immediately and most sensibly concerned in, and so they are for the present the most sensibly affected by them, and afterwards also proportionably by their subsequent influence on them: And for all these Reasons they are very prevalent to work Unity, and mutual Charity and Peace, as to the matters of Religion mentioned in men (and it is not so in men's separate and disjunct Practices of any Duties whatsoever) therefore the unity of the use of such Public Worship in all Societies, deserves, both in its self, and as it relates backwards to, and includeth in it ordinarily such profession as is mentioned, to be looked upon by us, and assigned also as the great secondary medium for such Charitative Communion amongst men; and as a Testimonial to profession, we shall farther handle it hereafter. Infra lib. 3. cap. 11. §. 4. The things fundamentaly necessary to the being of these mediums, assigned. And the Proof of the first proposition following upon it. XIII. Last of all then, that there may be an Unity of this Profession, and of the Use of the public Worship mentioned, and that both may be one in any Society; it is evident, that the objects of them, and the things which they are conversant about as such unities, (viz.) The Doctrine or body of Doctrines, and the form or way of worship mentioned, must of necessity be One also: And that because the Acts of Profession, and the use of Public Worship mentioned, as to the kinds of them, are necessarily determined and specified by these their objects; so that this is fundamentally necessary in this matter. And thus then, and by these several steps of our Progression we are here at last arrived at the proof of our first proposition here to be asserted, (viz.) That there must of necessity be some one Doctrine or Body of Doctrines for profession of assent to be made to; and some one form or way of public Worship to be used in Common; and both these as a foundation for a medium or common means of procuring one Charitative Communion amongst men in the matters of Religion in any Society: And by these means than it is, that the positive Consistency of Religion with Government, which hath been mentioned, is to be effected. Supra Lib. 1. Cap. 1. §. 4. And this positive Charity, which they are efficient of, includes in it the Negative. And by these things also, as they are external, Religion hath an influence immediately upon Government, as was above also first of all mentioned in the Body of distinctions concerning these things. Supra ibid. §. 17. An Appendent question resolved. XIV. Here is but one question then to be resolved, as an Appendix to these things: And that is, Whether, notwithstanding that there be a variety of some such Doctrines or ways of Worship permitted, and consequently a variety of Communions held as to them in any Church; yet however, that there may not be some one communion held as to others, sufficient for the Public Peace in the mean time? The answer is Affirmatively, that they may be so: And the world is full of Precedents in the case, according to the divers respects of several things to it, and the diversities of the occasions and necessities of Societies. But then this inconvenience will follow, that under those diversities of communions held as to some of those things, the people lie more open and ready, either to fall into any sort of fractions (dangerous to the Public) of themselves, or else to be led away by others: Which thing, if the present occasions of Societies will permit, would be avoided by all Governors. And generally the means used to as much Unity as may be, and as the Consistency of Government with Religion, and the common condition of other Humane Affairs will permit in matters of Religion, is best and most healthful for all Societies. Upon this account it is, That the voluntary Reductions of Societies, and when they have made them purely by choice and good deliberation, have been always generally this way. Vid. Decret. Secundae Sessionis Concil. Trident. The first thing that the Council of Trent did as a Council, it was to confirm the Creed or Confession of Faith used in the Roman Church, and in which all were to agree: And the Reductions of that Church generally have been, even to extremes, this way. The Church of England in her matters of Worship, See concerning the Church-service; prefaced to the Liturgy. have reduced the several different uses of Salisbury, Hereford, Lincoln, etc. to one only. And the Canons and Decrees of Ecclesiastical Synods and Counsels, that have been in other times and Churches in these matters, are frequently to be seen. The proof of the second Proposition also. XV. Our second Proposition than comes next to be proved, in relation to the removal of Religious Contests, and the procuring negative Charity, and that improper sort of Peace (at least) which follows upon it. And that briefly; for that there must of necessity be a restraint held upon men's venting and Disseminating of their Opinions, in relation to the effecting these things; it is sufficiently evident from hence; because there is no middle thing betwixt this holding some kind of restraint, or other, upon men's venting their opinions, Supra lib. 2. Cop. 6. §. 2. etc. whereby these things may be effected, and the lose and open toleration of such the venting of them which we have mentioned, and whereby all those mischiefs which such a restraint aims at the preventing of, follow upon Humane Societies. So that, where there is a mixture of divers Professions in any Society; either some such restraint, fortified with Penal Sanctions, must keep men from breaking the Peace by such their Opinion-Contests, or else there is nothing remaining besides in totâ rerum Natura for the doing of it. And hence it is that all Laws have ever taken their last sanctuary at this restraint for the conciliating of the public Peace in these matters. The Laws concerning the Deposition and Silencing of Anthemius, Severus, Petrus, and others, may be looked into in the Novels of Justinian. Anth. Coll. 4. Tit. 20. Nou. Constit. 42. passim. And the like in other the like Books of Laws, and occasions of Countries. And although it be true, that a bare toleration and forbearance of one another mutually, as to opinion-feuds, may perhaps possibly be forced upon men by their own necessities in any Society (at least for sometime, and while the sense of their own miseries brought upon themselves by such their Opinion-Contests at any time is working them to a better Disposition of mind, and condition in respect to the Publick-weal) yet however that is seldom; and when it is, detracts not at all from these things; since such a necessity, in such a case, as in the place of a Magistrate, or chief Governor, and effectually causeth men both to hold such a restraint over themselves, and at last, from the sense of their own Calamities, to yield to have it held over them by others. The late confusions in England, and their suggesting evidently to the contesting parties the necessity of their reception of their Rightful Sovereign to govern them again, was a great instance of these things. XVI. In the last place then, The general Conclusion subjoined to to all these things. we have only one general Conclusion to subjoin here to all these things: And that is, that, if it be so that these are the only great and stated means which we have mentioned, for the thus procuring Charity and removal of Contentions; then who shall deny the use of them to the Chief Governor in any Society for the effecting these things? shall it not be Lawful, nay, necessary for him, as his Duty, and as his Government is a Charge committed to him by God, Lib. 1. cap. 1. §. 11. as well as upon the account of its being barely his right to hold it (as was above first of all distinguished) to propose and enjoin such an Unity of Profession and Use of Public Worship, so fare forth as his affairs will permit; and that for the promotion of Christian Charity in the true Christian Church, or else of Common Charity amongst men, if in a false Church of any other Religion? Or else however, to hold a restraint upon the irregular venting of Opinions to the breach of the Peace? Who will deny it? We conclude then, that the faculty of doing these things, is a Fundamental, and a very principal part of the Magistrates Indirect Power in Spirituals; and a Right belonging to him, in every Ecclesiastical Uniformity, and in the several particulars of it, by the same General and Original Law of Nature, which dictates the very being and welfare of Humane Society, and upon which all Church Society is founded. And as it thus belongs to him in his way, Summo Jure, where the Church is National; so also to the principal Church Governor, in his way also, where the Church is secluded. CHAP. IX. Hence the way of an Ecclesiastical Uniformity (viz.) in outward Profession, and Public Worship, hath been always endeavoured, and made use of by the Governors of all Societies, in their different ways; and that from the dictates of the Laws of Nature and Nations, and the Divine Law approving of it, and leading them to it. I. THe Practices of men concerning their making use of an Ecclesiastical Uniformity derivative from their correspondent Principles. II. The Application of the matters of Religion, and of the External Unities which have been mentioned, to an Ecclesiastical Uniformity. III. Such an Uniformity Distinguished. iv It is convenient that there be also an Uniformity in Discipline and Ceremonies held in Churches. V The grounds and reasons of an Ecclesiastical Uniformity. VI: The two Grand instruments of it. VII. Divers have been the sorts of Ecclesiastical Uniformity in divers Societies. VIII. But still some kind or other of it hath been endeavoured and made use of in all Societies; and the Practices of those Societies, and the Principles leading them to them assigned. IX: The first of those Principles, the light of Nature. X. The second of those Principles, the Divine Law. XI. The Practices of Societies also assigned. XII. First, from the Determinations of Counsels held in the Christian Church. XIII. Secondly, from the Civil and Ecclesiastical Laws of Countries. XIV. Last of all, where this Uniformity hath been but in part, or in small measures, the Governors of Societies still, as Controversies have arisen, have been forced to come to farther degrees of it. The Practices of men concerning their making use of an Ecclesiastical Uniformity, derivative from their correspondent principles. The Application of the matters of Religion, and of the external unities which have been mentioned to an Ecclesiastical Uniformity. lib. 1. cap. 1. §. 1. Such an Uniformity Distinguished. I. THus have been the speculative Principles concerning an Ecclesiastical Uniformity. We come here principally to produce the suitable Practices of men, and such as have been derivative from the correspondent Principles; and immediately and directly conversant about their making use of it in Societies. II. An Uniformity then in the General having been above first of all defined to be an Unity of the external form of things; the matters of Religion, in relation to which, and under the notions of which as such, such an Ecclesiastical Uniformity is to be held, have been assigned to be those of Doctrine and Worship: and the external unities, which such an Uniformity is to consist of, have been assigned also to be those of Profession (of assent) in respect to Doctrines, and of the use of Worship in respect to such worship. And this is the more general application of these things to such an Uniformity. III. An Uniformity then in Churches, is either Positive or Negative. The Positive is that which is so Denominated from its consisting in the positive Unities mentioned; and therefore is most properly called an Uniformity in the subject matters of them, and is productive of the positive and most proper sort of Peace and Charity mentioned accordingly. The Negative is that, which consists in men's not divulging of their Opinions to the breach of the Peace, and the hurt of Religion or Government, or their mutual Consistency; and it is therefore called Negative, and is the improper part of this Uniformity; and is productive only of the negative and improper sort of Peace and Charity mentioned accordingly also. It is convenient, that there be also an Uniformity in Discipline, and Ceremonies, held in Churches. iv It is convenient, that in the same National Church and Territories of Princes there be an Uniformity held also of Discipline (the Archaeus, or keeper of all these things mentioned) and Ceremonies (the customary Adjuncts of the public worship) and both of which are many times so much contested under the notions of Doctrinals and Worship itself. An one uniform partaking of men in these things, will, if it be but by the influence of custom upon them, further complete and help to promote their charitative Communion: And also the more secure the people from being led into Factions about them. And that by its rendering them a Subject not so easily capable of those factious impressions, which have been mentioned: and this Uniformity in these things is here laid down as an Appendix and Adjunct to the main and Principal Ecclesiastical Uniformity mentioned also. V The grounds and reasons then of an Ecclesiastical Uniformity, and those things, The grounds and reasons of an Ecclesiastical Uniformity. the procuring of which is the cause of Constituting it, and which it aims at as its End, and Effects, have been already mentioned and treated of in their several places, and that partly separately, and partly applicatorily: And those ends of it are the greatest that can possibly be aimed at in the Affairs of Humane Societies, (viz.) more generally, the preservation of the welfare of the Magistrates Charge above mentioned, (viz.) Religion, Lib. 1. cap. 5. §. 7. & alibi. and Government, and the Consistency of Religion with Government; and more particularly, the procuring of the Public Peace and Charity, and the removal of Contentions in order to these things. VI The two grand Instruments of the positive and proper part of this Uniformity also have been at least implicitly asserted to be a Canon of Doctrines and Liturgy, both vulgarly so called, The two grand Instruments of it. Lib. 2. cap. 7. §. 13. and comprehended above under the more general notions of some one Doctrine or Body of Doctrines, and some one form or way of public worship: And of both which more particularly hereafter. VII. Divers also have been the sorts and kinds of Ecclesiastical uniformity which have been made use of and settled in divers Societies. Some have been faulty, and in the extreme: some, Divers have been the sorts of Ecclesiastical Uniformity in divers Societies. although not so, yet have been more comprehensive of things enjoined by them, some less; some have been Comprehensive of one sort of those things, and some of another; and in some Societies there hath been only the negative part of such an Uniformity. VIII. But yet still some kind of this Ecclesiastical Uniformity or other hath been always endeavoured and made use of by the Governors of all Societies in their different ways. But still some kind or other of it hath been endeavoured, and made use of in all Societies. And the Practices of those Societies, and the Principles, leading them to them, Assigned. The first of those Principles, the Light of Nature. And because the practices of these Societies have further evidenced the perpetual and fundamental necessity of this Uniformity, it's being used as a means to the ends of it, which have been mentioned; I shall therefore here assign some principal instances of those practices, and the correspondent Principles also which have led me to them. IX. In the first place then, The first Principle hath been the Universal light of Nature, which upon the grounds and reasons which have been mentioned, hath led men to the use and Practise of this Ecclesiastical Uniformity: And the sway of this Principle also hath been proportionable to the Latitude of its dominion in them. Let the Times and Histories in the world be enquired into concerning it. The second of those Principles, the Divine Law. X. The second also, answerable to this, hath been the Divine Natural Law: And that of both Testaments, both in the Jewish and Christian Church. The Jewish Church was constituted in a national way by God himself; Although diversely, at divers times, and in divers manners, and according to the various condition of it. But yet still God settled it, in respect to the matters of Religion mentioned, so far forth as at any time concerned, either it's present or perpetual occasions as to him, and left the rest to the Chief Magistrate to do pro tempore, and according to it's emergent occasions. So, at its first coming out of Egypt, the Scripture settlements that God gave it were in respect to Doctrines for profession of assent to be made to; he enjoined them the two Tables of Moses, Exod. 20. and ●ap. 32.15 etc. and the several more particular explications of those generals afterwards dispersed throughout the Books of Moses: And these were also partly Ceremonial and Positive, as well as Natural. And in respect to the uniform use of Worship, Exod. 25.8, 9, etc. Levit. cap. 1, 2, 3, 4, 5, 6, etc. he enjoined them the service of the Tabernacle, the two Sacraments of Circumcision and the Passe-over, the several perpetual Sabbaths and Festivals in Israel, and the like: And this was not all, but he took care for the perpetual conservation of these Unities of Profession and Worship in that Society also. He enjoined his Commandments to be worn in Phylacteries upon their hands, and between their Eyes, as the Doctors construed that Law. Exod. 13.19. with Matth. 23.5. etc. vid. Maimonid. in Tephil. cap. 4. §. 3. Mos. Kotseus. fol. 104. fol. 3. etc. Exod. 23.13 Ex. 20.24. Levit. 21.5 etc. He prohibited all partaking in the Worship of the other Nations of the World, nay, the so much as naming their Gods, the making Altars, or using Ceremonies, but like to theirs, and the like. He suffered no Gentile to dwell amongst them, but such an one as was of one of the sorts of Proselytes, as they also construed his Law. Nay, they used the Proverb concerning them, even in their ordinary Conversation, vel ad Decimam usque Generationem a Proselytis Cave, That they were to beware of Proselytes even to the tenth Generation. And these and the like things by their Magistrates were continued afterwards to Israel, at their settling in Canaan in the time of their Temple Service, and the like. If we look into the New-Testament, the Christian Church was not National for some Centuries of years after its first founding by the Saviour of the World: And the condition of it was to be altogether different from that of the Jews before. And the Scripture Mediums advised to generally, for the effecting the unities mentioned, were accordingly, and those under the general notions of men's Coherence as Christians, and the like. And the uniting them also, after those perpetual mediums settled in more particular ways was left, either to their chief Magistrates or Church-governors, according as that Church should come to grow, or be settled amongst the Nations afterwards. So our Saviour himself, in the respects mentioned also amongst others, commanded his Disciples to be one. So his Apostles afterwards in their Writings, proposed him the Common Saviour, as the foundation for all to cohere in: So we being many are one Body in Christ, Rom. 12.5. says the Apostle of the Gentiles. And the God of Patience grant you to be like minded one towards another, according to Christ Jesus. Rom. 15.5. And, but to us there is one God, and one Lord Jesus. And, 1 Cor. 8.6. 1 Cor. 12.13. Galat. 3.28. For by one spirit we are all Baptised into one Body. And, there is neither Jew nor Greek, there is neither bond nor free, there is neither male nor female, for ye are all one in Christ Jesus. And, Colos. 3.15. let the Peace of God rule in your hearts, to which also ye are called in one Body. And so the whole current of the New Testament runs in this matter. And last of all, endeavouring to keep the unity of the Spirit in the bond of Peace, says the great Apostle St. Paul further. Eph 4.3. Ibid. ver. 4, 5, 6. And how so? why, There is one Body, and one Spirit, even as ye are called in one hope of your Calling, one Lord, one Faith, one Baptism, one God and Father of all, who is above all, and through all, and in you all. The Scotch Divines, to Archbishop Spotswood, Vid. De Pace inter Evangelicos procurandâ, etc. Anno 1637. in princip. in loc, call these Doctrinals Septem unitatis vincula, etc. And which should be so many incentives to Charity and Peace; and so Calvin, and others. But then they can be so only to men in common as Christians. But this is not sufficient to hold them together in their more particular associations. Thus these two Grand Principles then of the Natural and Divine Law have led men to the practice of these Unities mentioned, and so have accordingly dictated and approved of this Ecclesiastical Uniformity. And if men have opposed it at any time, where it hath been just and lawful; it hath been either from their weaknesses or corruptions, as hath been mentioned; it hath been either from their ignorance, or Ambition, or Intemperate desire of Liberty, or the like; when men have considered themselves in an absolute notion, and not as members of a Society, of a Christian, or other Church Incorporate into a State. XI. We come next then (these things being said) to assign the Practices of men also in this matter: The practices of Societies also Assigned. And they will be evident from the principal Instances mentioned to be given in it. And for the assignation of them we will take into consideration, 1. The Ecclesiastical Synods and Counsels held in the Christian Church apart by themselves. 2. The several Civil Laws and Constitutions, both of it and of other Ages and Countries. And the consideration of these things will evidence the consent of Nations also in this matter. XII. In the first place then, for the Counsels; First from the determination of Counsels held in the Christian Church. Acts 15.6 etc. and these we shall find to have been very frequent in the injunction of these matters of an Ecclesiastical Uniformity. We will begin with the first Council held by the Apostles themselves, and mentioned in the Scripture: and in it they, upon a Contest arising, prescribed a Body of Doctrines proportionable to the present occasions for Profession of assent and consequent practice to be yielded to, Vers. 20.29. (viz.) That the converted Gentile should abstain from Pollutions of Idols, and from Blood, Vid. Canon 38. Apud Carranzam, in summâ Concil. Vid. Can. 15. apud Carranzam in summâ Concil. Vid. Can. 20. De flectendo Genua. vid. Socrat. Hyst. Ecclesiast. lib. 1. cap. 5. ibid. vid. Vid. Can. 2, 3, 5, 20, etc. Apud Justell. Codin. Canon. Vid. Concil. Laod. Can. 18. & Afric. Can. 103. & Concil. Carthag. 3. Can. 23. & Concil. Milev. 2. Can. 12. vid. Concil. Tolet. 4. Can. 2. Vid. Concil. Tolet. 6. Can. 3. Concil. Constantinop. 6. Can. 62. Vid. etiam Concil. Nicaen. 2. Actionem 7. sub fine. Et ejusdem Synod. Can. 9 Et, Lateran. Concil. Can. 3. etc. apud Carranz: De Pace inter Evangel. procurand: etc. 1637 in princi. See the Confession of Faith, etc. And the Act of the General Assembly, etc. prefaced to it. And the Directory, and the Advice of etc. concerning Church Government, etc. annexed to it. and from things strangled, and from Fornication. Let us pass on from hence to the Canons called the Apostles. The thirty eighth Canon appoints Counsels to be Celebrated (in those first times of the Christian Church) twice every year; ut Dogmata Pietatis explorent, & emergentes Ecclesiasticas contentiones amoveant; That they might search into the Doctrines of Piety, and more emergent Ecclesiastical Contentions. We will go unto the first Nicene Council, when the Christian Church began to be National under Famous Constantine: And there we have Seditions, and Tumults, and perturbations in the Church forbidden by a Disciplinary Canon: There we have also one Uniform Posture of Body, commanded in Prayer, to be observed by all the Churches: There we have also the so well known Word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 proposed, and enjoined, for all to profess assent to; and the Famous Nicene Creed, or Confession of Faith, to be subscribed to. We will go on further, to the Council of Antioch. The first Canon of it is for the Uniform Observation of Easter: And several of the following Canons were shaped for the cutting off occasions of Contentions in that Church. Let us go on to other the like Counsels: We shall find, in several, Forms of Liturgies appointed to be approved of by those Counsels, and to be proposed and enjoined to the Churches. Let us go on to others: We shall find one form of singing, of Praying, of using other Customs and Ceremonies, and that throughout all the Churches of one and the same Nation; and that also because the Congregations and Churches contained in the Nation were all of the same National Religion. We shall find also those of divers Professions ordained to be prohibited, and the Feasts and Rites of the Gentiles not to be tolerated, and many other the like Canons, in many particulars, tending all to the uniting men to one Profession, and to the cutting off occasions of contests in matters of Religion, as might be more particularly mentioned. And thus then the Christian Church, as it grew in Age and Settlement in divers places, grew on also to further degrees of Uniformity. Finally, as it hath been of Old, so of late: All Pacificators would have some kind of Uniformity or other. The Scotch Ministers themselves, in their Advice (mentioned) to Arch Bishop Spotswood for the procuring Peace in the Church, would have an Uniformity. And in England, the very Covenant Synod at Westminster (and they also, as by their Covenant, they say, they were bound, and in Conjunction with the General Assembly of Scotch Divines at Edinburgh) were for an Uniformity: And they intended their Printed Confession of Faith, and their Directory for Public Worship, and their Advice concerning Church Government to the then Lords and Commons sitting in the Houses of Parliament, for the effecting that very thing. Thus then hath this Uniformity been the common vote of the Divinity Chair throughout all Ages in the Christian Church. And he that will see further, Vid. lib. 1. Const. 6. and lib. 2. cap. 54.56. and lib. 2. cap. 1, 2. and lib. 7. cap. 34, 35, etc. Secondly; from the Civil and Ecclesiastical Laws of Countries. may look into the Apostolical Constitutions of Clemens Romanus, and many other Ecclesiastical Records and Monuments, that bear witness in this matter. XIII. Let us come also to the Civil Laws and Constitutions of Countries in the same matter. And we will begin first with those of Israel, in their unparalleled Theocracy. And God himself appointed in it his several forms both of Doctrine and Worship, as hath been mentioned. Nay, Miracles themselves were not to be believed against them, and the establishment of them, Hic supra modo §. 10. Lib. 1. cap. 2. §. 14. vid. as was above mentioned upon another occasion. And they had also their ordinary Ecclesiastical Conventions, and Synods, for the determination of emergent Controversies concerning these things, and the chief Magistrate making use of them to that End: and many more particulars might be mentioned. After Israel follow the Civil and Ecclesiastical Laws and Constitutions of all Nations in like manner, and so far forth as there are Records left concerning them. In the Assyrian and Persian Monarchies, amongst the Trojans, and divers other Nations, we find the mention of their Country Gods, peculiar to them severally; and of their Forms of Doctrines, and set Prayers, and Sacrifices, and customary Rites and Ceremonies appropriate to them also: And no wonder, since the dictates of the common Humane Nature always suggested to them these things, for the settling of their Religion in a National way. Amongst the Greeks the like instances are every where to be found also. Equ. p. 300. A. The Athenians were wont to swear by their Twelve Gods (says Aristophanes) whom they had in special Honour: They had their set Sacrifices, and Services; their Solemn Festivals, and the like, appropriate both to these Gods and others, as is to be seen in the dispersed Testimonies concerning these things up and down in the several Histories, Poets, Orators, and other the like Writers of Greece. Vid. Dial. 7. prope med. & alibi. Ibid. vid. And Plato in his Books of Laws, gives us a perfect pattern of an Ecclesiastical Uniformity; and such an one as deserves to be heeded, amongst other things in his Writings. He would have the Sacred Hymns, and Quires; he would have the Festivals, and times of them; he would have the Sacrifices, and the fitting of all these things to them, to be at the appointment of Public Authority in his Commonweal. He would have no varying in the least from these Prescriptions; no speaking against them, no more then against other Laws amongst the People; no mixtures. of any man's private fancies together with them, or the like, at all to be permitted. And finally, Ibid. he tells us that these and the like things were according to the Ordinary Constitutions of the Cities of Greece. In nostris Civitatibus firme omnibus, ut breviter dicam, hoc ita fit. Let us go on then from the Greeks to the Romans: And amongst them also still we shall find the like things enjoined. We have spoken of their City Divinity which was appointed by the Magistrate. Supra lib. 1. cap. 2. §. 5. And Tertium Genus est, inquit Varro, quoth in Vrbibus Cives, maxim Sacerdotes nosse atque administrare oportet. In quo est, quos Deos publice colere, quae sacra & sacrificia facere quemque par sit, De Civ. Dei. lib. 6. cap. 5. and the like says St. Augustine. That Varro said, that the third kind of Divinity was that which it behoved the Citizens in their Cities, most of all the Priests, to have knowledge of, and to administer. In which was contained what Gods it was fit for every one to worship publicly, what holy Rites to perform, what Sacrifices to offer up. Lib. 1. And Dionysius Halicarnasseus tells a notable Story of Numa Pompilius at his bringing in of his Prescript of Religion amongst them: That, for the suppressing of Controversies about Opinions, and upon the arising of any such amongst Parties; he appointed that the contesting Parties should be bound to go to the Temple of Faith, and there to swear with certain great Ceremonies upon the Truths of the Points of their Contentions. And briefly, he that will look further, for these matters of an Ecclesiastical Uniformity, into the Roman Writers of all sorts, shall find them every where up and down, though not under the notion of such, dispersed in them. From the Heathens then, let us pass next to the Mahometans, and to the like matters also amongst them. And they have this Uniformity amongst them, and that even to extremes, in their way; as will be mentioned in the places more particularly proper to these matters hereafter. And last of all then, let us recite but some of those numerous Constitutions that have been in the Christian Church concerning the establishment of this Uniformity also, and that both in the former and later times and regiments of Countries. We will begin with the Constitutions of the new Civil Law. In the Code and Novels of Justinian there are infinite of these sorts of particulars. Vid. C. De Summa Trin. etc. L. Curctos. Et ¶. Hanc Leg m sequentes; vid Ibid L. Nullus Haereti●is. Et ¶. Is autem. ¶. Qui vero. The very first Law in the Code prescribes the Religion of the Empire, and commands Christians to take upon them the name of Catholic, and to account all of other Professions to be madmen, and Heretics, and the like. The next Law under the same. Title, sets down the Nicene Creed as a Canon of Doctrines to be assented to; and commands them to be excommunicated that embrace it not; and appoints them to be removed from the Cities and Towns. And if we look but a little further, to the Law Sancimus igitur, their writings are sentenced to be burnt, and the particular Sect of the Nestorians are cast out of the Church and Anathematised, and none are be found with any of their Books in their hands under pain of death itself: if we look onward, the like particulars we shall find still established. That none speak publicly against the Doctrine established by the Imperial National Synods; That none side with the Nestorians or Eutycheans; that the Apollinarians be Anathematised, together with others; that the Four Counsels (viz.) of Nice, of the Imperial City, of Ephesus, ¶. 1. vid. sub L. Decere. Ibid. De Sam. Trin. L Nemo Cleri●us. L. Cum Salvato●em. ibid. ¶. 4. ibid. L. Cu●● velimus, ¶. per omnia. ¶. Nullus Itaque, & alibi. ibid. L. Inter Claras. ¶. Omnes vero, ¶ & peimus ergo, etc. L. liquet igitur, in residuo Epist. Papae, vid. De Sacrosanctis Ecclesiis. De Episcop. & Cleric. L. Sed Novo. ibid. L. Statuimus. ibid. L. Sacris Canonibus. Vid. De Ecclesiis Constitut. in Africa. Vid. de depositione Anthimi, etc. in praefat. Ibid. cap. 1: Vid. De privilegiis Dotis, etc. In praefat. Anth. Coll. 9 Tit. 14. Const. 131. cap. 1. Constit. 137. In praefat. Ibid. cap. 1. Lib. 16. Tit. 4. and Tit. 5. and Chalcedon be received; that no muttions in the least be made in these matters; That the State and Unity of the Churches be preserved that those things be spoken which make for Peace; and that there be made a Regular Uniform Profession. Let us look to the next Title, we shall still find the like things. Let us look on; and Litanies are prohibited to be made by Laymen; the Church Constitutions and Canonical Sanctions are appointed to be observed, and that to no less degree than the Imperial Civil Laws. Finally, it would be infinite to recite all the Particulars that are dispersed up and down in the Code, to these and the like purposes and intents. He that will may view them. Let us proceed from it to the Novels; And there are still the like, and almost the like number of Laws. In the 38 Constitution the Arrians in Africa are confiscated, and their goods given to the Churches. An Heretic is prohibited to Baptise, or to bear any Office in the Common-weal, or to have any House of Prayer. In the 42 Constitution Nestorius, Eutyches, Arrius, Macedonius, Eunomius, and others, are deposed. And the offence of Anthinus against the Ecclesiastical Canons is made mention of. And afterwards he is banished from the imperial City or any other Great City, that there might be Peace amongst the People, and he might not spread his interdicted Opinions, and the like. If we go on, in the 109 Constitution, all are styled Heriticks who are not of the Imperial Catholic and Apostolic Church. If we go on still, the four Counsels (but now mentioned) are again appointed to be received. And if we go on further; it is argued, that if the Civil Laws, which respect men's outward Security, are to be observed; then how much more the Ecclesiastical Canons which respect ●●e health of their Souls? and afterwards, the People's not having learned their Liturgies is taxed: and the like. Finally, many more the like Laws might be recited. Let us pass then from these Volumes of Laws, to the Code of Theodosius: And that proceeds also in the like manner in these things. Let the Titles, De his qui super Religione contendunt; De Haereticis; in the 16 Book; and the like in other Books of it be consulted. Let us go on from it to the Body of the Canon Law. In the several parts of the Decretum; in the Sextum, Clementines, and Extravagants, up and down, no man will doubt, but that the Roman Uniformity, and the Customs and Laws of that Church are enjoined. It would be too needlessly tedious to make a particular recital of these matters. Last of all, the like also are the present Laws of the other Christian Churches abroad in the world. The Canon Law is taught in their Academies, and many of its Decrees and Constitutions, tending to these things which we have mentioned, See the Laws and Statutes in quarto pag. 9 Ibid. vid. are made use of for the regiment of those Churches. The very Statutes of Geneva will have no strange or false Opinions, against the Doctrine received, to be admitted; will not allow of Negligence in coming to Church, to the contempt of the Communion of the Faithful, See the Discipline of the Kirk, Edit Anno 1641. & alibi. See in his Life By J. H. p. 188. Lond. 63. and the like. And the like Church orders are to be found in the Corpus Disciplinae, and amongst the Low Country Churches, in the Discipline of the Kirk of Scotland, and amongst its prescriptions. And finally, in the very humble Petition and advice presented in the late times of usurpation, to Oliver Cromwell in England, when he was coming towards his desired sitting down in the Throne: In which was proposed a Confession of Faith to be assented to (in matters of Religion) and to be recommended to the People. And thus then all these things will sufficiently evidence, how all mankind hath conspired Universally in its Laws and Constitutions in Societies, towards this Ecclesiastical Uniformity, and for those intents and ends which we have mentioned. Last of all, where this Uniformity hath been but in part, or in small measure, the Governors of Societies still, as Controversies have arisen, have been forced to come to further degrees of it. XIV. In the last Place then, this one thing is further observable, that, wheresoever this Uniformity hath been, either but in the Negative and improper part of it, or else but in some small measures of the Positive; there still, according as Controversies in Religion dangerous to the Public have arisen, Princes have been forced to come to further degrees of it. It may be at the first foundings of Religions, or Churches, those Churches have not been capable of any great degrees of it; at least not in the way of National Churches, as was the Case of the Primo-Primitive and Apostolical Christian Church. It may be also otherwise, that, for Causes concerning Civil and Humane Society (which is the foundation of all Religions) Diversities of Professions have been, for a longer or lesser time, to a greater or lesser degree, tolerated in some Countries, as in Holland, Poland, and other Territories at this day, and through the necessities of their several States. But yet ●till, and whatsoever Causes there may any where be of the want of the further degrees of this Uniformity; all Governors have been forced to take sanctuary at it, and those further degrees of it, where Religious Controversies have arisen, and for the allaying the furious heats of them, and the begetting a charitative composure amongst men. Vid. Praefationem ad Acta Synodi Dordrect. This was the late Case in the calling the Synod of Dort in Holland, and as the States themselves acknowledge. And the like other Cases also are every where to be found up and down in other Ages and Countries. CHAP. X. What are the Extremes in respect to this Ecclesiastical Uniformity: And what are the faultinesses in it. I. THe Extremes in respect to an Ecclesiastical Uniformity distinguished. II. The Extremes of too much looseness assigned. III. The extremes also of too much strictness assigned. iv The faultiness in such an Uniformity assigned also. V The first of them. VI The Second. VII. The Third. VIII. The fourth and last sort of faultiness. THis only Natural way then of settling Church Affairs amongst men being thus described, The extremes▪ in respect to an Ecclesiastical Uniformity ● Distinguished. and recommended to Practise; let us come next to contradistinguish it to its extremes, and to set down the faultiness which may possibly be in it in any Society. And those extremes (as all other in respect to other matters are) are those that lie on both sides of it (i. e.) 1. Those of too much looseness; and 2. Of two much Strictness. II. First, Those of too much looseness are, The extremes of too much Looseness Assigned. Lib. 2. cap. 6. §. 2. and §. 4, 5, 6. etc. Ibid. §. 2. 1. The lose open Toleration of venting of Opinions, which hath been heretofore mentioned and avouched to be finally destructive both to Religion and Government, and the consistency of Religion with Government. 2. The way of Governing Church-matters by balancing of Opinions (i. e.) by such an underhand balancing of them, as hath been heretofore hinted at also: And which, because it partakes not neither in the nature, nor in the drift and ends of an Ecclesiastical Uniformity so as to deserve to be accounted any part of it; therefore we here reckon it as one of these extremes. Besides, the properties of it are, collusion with men in so great matters as those are, in which it pretends an open Toleration, but privately practiseth a restraint; and in like manner also the Princes falsifying his Trust to God by his suffering all common Charity and Peace to be broken; and which he is so much bound by the Divine Law to preserve; Deu●. 24.11.16 etc. and by his owning no Profession of Christ in his way before men, but tolerating openly, and balancing together with other things all manner of Errors, Blasphemies, and Atheism itself, in his practising the latitude of it; and which things the Judicial or Civil Laws of Israel did, and all Laws whatsoever of other Societies are bound to prohibit. And lastly, this balancing of Opinions cannot be artificially managed without perpetual difficulty to the Governor, and every day's danger of sudden eruptions of the more numerous and prevalent party into a Flame. And for these and the like reasons, it is then, That it hath never ordinarily been made use of by settled Governors in any Societies, nor by any others upon pure choice at any time, but only by Innovators in States, and Usurpers of Supreme Authority; That while they were stealing up the more securely to the Helm, they might busy others about picking of their Bones, and ineffably amuse the vulgar. The Extreme also of too much strictness assigned. Lib. 2. cap. 6. 5. 6, etc. Infra. lib. 3. cap. 3. ●. 2, 3 Infra ibid. §. 3. 4, 5, 6, 7. III. There is one extreme also of too much strictness, on the other hand: and that is the pressing upon men an universal inward unity of Opinion, which, besides that it is impossible to effect for the Reasons above given, and as shall be hereafter mentioned, is not neither a means of itself, for the generating Peace and Charity amongst men. And the Reasons also why it may not be pressed by the Magistrate upon any Society, and how fare forth it may not, shall be given an account of hereafter. The faultiness in such an Uniformity Assigned also. iv These extremes then being thus assigned, we come also to assign the faultiness in such an Uniformity, (i. e.) Those Indebita, and things taxable in it, by which it may become accidentally hurtful, either to Religion or Government, or the consistency of each with other: And those are, The first of them. V. First of all, when it reacheth not the Governors' occasions in any Society, and in respect to the securing his supreme public right and Charge: For so it ought to do, because it is a means and instrument appointed by God and Nature for the securing of it. The Second. VI When the Magistrates Authority pressing such an Uniformity is urged under the Notion of Divine, and his Determination even in all matters whatsoever is by consequence stated formally as the will of God. See Dominion Cap. 12. Art. 2. And Religion Cap. 16. Art. 13, 14, 15, 16, etc. And Cap. 12. Art. 17, 18, etc. This is the Assertion of Mr. Hobbs of Malmesbury, up and down in his Philosophical Rudiments, that it should be so. But it consists not with the Divine Law of Christ, wherein it is not revealed, That God hath committed it to any man or Angel ordinarily to prescribe precepts of Religion, but hath reserved that Royalty immediately to himself. Indeed the Chair of Rome hath bidden fairly in this matter, by the allegation of an infallibility its being annexed to it. But concerning an infallible Interpreter in Churches; It deserves to be considered whether such a thing be not for the most part needless in an Ecclesiastical Uniformity, since in the thoughts of knowing men there will be in most things no more unity of Opinion about such Interpretations than others, and also whether it be convenient for the state of Humane Affairs in this World, and that upon several accounts. And if the pretence of it be intended to amuse the vulgar, that is not Honest. But briefly, since the Divine Law of Christ hath not appointed it to any man to prescribe Religious precepts, neither Originally, nor by Interpretation, we must conclude, that it is not so convenient for Humane Societies, that there should be such an infallible interpretership constituted and established in them. VII. The third sort of faultiness in such an Uniformity is, The Third. when it is excessively comprehensive of things pressed in it. And so it may be, 1. Qualitatively, 2. Quantitatively. 1. Qualitatively, (viz.) when it comprehends things simply and in themselves wicked and sinful, and proposes and enjoins them either to be believed or practised accordingly. But then this is to be understood of such things as are simply, and in themselves so as we say; and not of things becoming so by accident. For, because nothing is so good and lawful in itself, but that it may become sinful by accident; and because also Cases in which such things may become so are infinite, and cannot be foreseen by Humane Prudence or Circumspection; therefore it is that Humane Laws, in the framing of them by the Legislative Authority, have no respect to such things, and as concerned in the Cases in which they may so become. Jura Constitui oportet (ut dixit Theophrastus) in iis quae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 accidunt; non in iis quae 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉; says Pomponius in the Civil Law; That Laws are to be Constituted (as Theophrastus said) in those things and Cases which happen out for the most part; and not in those which come to pass but seldom. And Celsus, ex iis, F. De legibus & Senatus consult, etc. L. Jura Constitui. Ibid. L. 4. Vid. D. Si quis Cautionibus etc. Bart. in L. simili modo. Et D. Mandati vel contra, in L. & Austoni: item Bartus, etc. De legibus Dial. 4 paulo post prin. Ibid. post. quae forte uno aliquo casu accidere possunt, Jura non constituuntur; That Laws are not constituted in those matters which may perhaps happen out in one single Case. And the several Cases upon the Laws are explicated and determined by the Doctors accordingly. And lastly, Plato, dicturus eram nullum unquam hominum aliquid lege sancire, sed fortunas casusque varios incidentes leges nobis per omnia far. I was about to say that no man at any time doth establish any thing by Law, but that accidents and various chances falling on us do give Law to us in all things. And in Conclusion, Deum quidem omnia, & fortunam oportunitatemque simul cum Deo Cuncta Humana Gubernare: That God truly doth govern all things, and all Humane Affairs Fortune and Opportunity together with God. 2. Quantitatively, when it proposeth and enjoins a greater number of things indifferent, and as adjuncts of Worship than is convenient. There have been always, and aught to be, and must needs be some Ceremonies in all Churches; in the Jews, the Heathens, the Christians, and Mahometans Churches, and are at this day, as is to be seen in the several Records concerning these things. But then the Ceremonies of Humane Constitution, ought not to be to such a number, in any Church, as to eat up the Divine service itself, and to take up more room than the immediate Worship of God. In this kind it is that the Uniformity of the Church of Rome is so faulty. The Ceremonial Law, as the Jews say themselves, amongst the other Laws of Israel, was never intended by God's Prescription of it to oblige the Gentiles. And the New Testament, the proper Prescript of the Christian Religion, reversed it amongst the Jews themselves also. But the Chair of Rome, in its introduction of such a number of Ceremonies into Divine service, pretends the imitation of Moses, and that upon the same account of Divine Authority also, although in another kind; but intends really the Reformation of St. Paul, and of the Christian Prescript of Religion, which perhaps it thinks consists of too many and too expressly of Doctrinals; but not enough, nor enough expressly of Ceremonials. The fourth, and last sort of faultiness. VIII. The fourth and last sort of faultiness then in this Ecclesiastical Uniformity is, when it takes away the means of knowledge, and the means of Grace from amongst the People, and such as ought ordinarily to be conceded to them, and are their Natural and Divine Rights, and that in relation to those several ends which have been above mentioned. Supra lib. 2. cap. 3. §. 6, 7, 8, etc. Vid. Alcoranum Azoara. 13. etc. De Origine Imp. Turc. & De Turc. morib. Epit. cap. De Sacerdotibus eorum. De Abassinor. reb. lib. 1. cap. 22. Such is the practice of the Mahometan, in his way of Religion, prohibiting the Alcoran to be read by the Common People, and suppressing Universities, and the ordinary use of Books, and the like. Apud illos sane nullos vidi Typographos, sed Chartam optime parant, says Georgieviz; That amongst them he saw no Printers, but they make excellent Paper, and the like. Such also is the practice of divers Churches of Christians. Of the Abassines, Sacra omnia partim Chaldaeo, partim Aethiopico continentur Idiomite, says Godignus That all their Holy Rites are contained partly in the Chaldee, partly in the Dialect. And Praeter libros divinos, easque quibus continentur Sacra, alii non sunt, nisi quos habent regiis opibus praefecti, ut accepti & expensi rationes constent, Ibid. cap. 12. in fine. says he elsewhere: That besides the Books of God, and those in which their Sacred Rites are contained, there are none other; unless it be those which the Emperor's Treasurers have for the keeping of their Accounts. In Literis Wenceslai Budonizii, etc. D. Davidi Chytraeo, in princip. And so of the Greek Church, Omnia enim Sacra eorum lingua Antiqua, neque à Sacerdotibus, neque à populo intellecta peraguntur, says Chytraeus: That all their Divine Services are performed in the Ancient Tongue, which is not understood neither by the Priests, nor People. And so also amongst the Russians: Hist. of Russia, vid. cap. 21, circa med. & alibi. Neither their Priests, nor Bishops making any further use of any kind of Learning; no not of the Scriptures themselves; save to Read, and to Sing them, and their Divine Service, and the like says Fletcher in his History. And last of all, such also is the Practice of Rome, and of the Churches diversely in her Communion. She commandeth her Liturgies to be celebrated in Latin, and the like unknown tongues. Etsi missa magnam contineat Populi fidelis eruditionem, non tamen expedire visum est Patribus ut vulgari lingua passim celebraretur, say the Tridentine Fathers. Concil. Triden. Sessione 6. cap. 8. Although the Mass contain in it much instruction of the faithful people, yet however that it did not seem to be expedient to the Fathers that it should be celebrated up and down in the Churches in the vulgar tongue. And so also, she not permitting the Bible to be read ordinarily by the People, nor by any Laics, unless they be Licenc'd. Laying hold also, by the Inquisition in Spain, and other places, upon all Books in the vulgar tongue, and upon open Discourses and Disputes about Religion, and establishing the Doctrines of implicit Faith, general devotion, blind obedience, and the like. CHAP. XI. From whence the Just Measures of an Ecclesiastical Uniformity are to be taken. And of the more particular Rights and Liberties relating to them. I. THe Rules of distributive Justice assigned, from whence the Just Measures of an Ecclesiastical Uniformity are to be taken. II. The Persons who have the right of framing it accordingly. III. When they have used their best Judgement for the doing of it, they have done their duties. IU. Certain more particular Rights belonging to them in this matter. V In the interim, obedience is due to them from private Persons. VI And last of all, certain Liberties belonging to those private persons also, in relation to their performance of that Obedience. The Rules of Distributive Justice assigned, from whence the just measures of an Ecclesiastical Uniformity are to be taken. I. HAving said these things then, I come here last of all to assert the Just Measures of an Ecclesiastical Uniformity; and from whence they are to be taken. And that is, from its affording to all their Rights, (viz.) those which have been heretofore mentioned, either more generally or more particularly: To God his Right, in its crossing none of his commands, but assisting to the performance of them: To the Supreme Magistrate his Right; in it's being proportioned to his occasions, and the discharge of his Trust: To the Church Governors also, in their way, their Rights; by its affording to them the like means of the discharge of their Functions in their several places and capacities: To the private Christian his Right; by its preserving to him the enjoyment of his Christian Liberty, and the use of his liberty of Conscience and Judgement of discerning: To the Subject also his Rights by its enjoining nothing upon him but by lawful Legislative Authority: And last of all, to all these their Rights, both mixtly and in their several respects, by its cutting off occasions of Contentions, and of corrupt wicked men's abusing and invading these Things and Persons severally, to the disorder and destruction of Humane Societies, and the welfare of them. And this is the Golden mean in such an Ecclesiastical Uniformity. And these are the more general Rules of distributive Justice, which are to be observed by all Princes and Governors in their due framing of it. II. The Supreme Governors in any Society have the only Supreme Power and Right of the thus framing this Uniformity: The Persons who have the Right of framing it accordingly. and that more generally and mediately by virtue of their Supreme Power over all, and in relation to their Public Charge supremely committed to them, and more particularly and immediately, as it is a part of their Indirect Power in Spirituals. III. And when they have used their best judgement, When they have used their best Judgement for their doing of it, they have done their duties. and taken their best care about their thus framing of it, they have done their Duties, and discharged their trust in it both to God, Conscience, and their People. And that because their own judgement of discerning, conversant in their own Affairs, is their only ordinary and possible directrix for their proceeding in this matter, as well as in any others. And all lawful Governors in the ranking their Notions concerning the frame and body of Humane Affairs, are supposed, either by themselves or Assistance, to be sufficient for the discharge of their Trust. iv There are certain more particular Rights and Powers which belong to these Governors of Humane Societies, Certain more particular Rights belonging to them in this matter. In the interim, obedience is due to them from private persons. for the retaining of this their more general Right in this matter. But these will be asserted hereafter in the places proper to them. V In the interim; when by the employment of this Care these Governors have thus once established this their Uniformity in their several Societies, private Persons are not to intermeddle in their Province, and to the detriment of their Affairs any ways: But it is left to them either to obey actively; or else not to disobey, but to acquiesce passively: And that also only where there may perhaps be just reason, as to them, for their non-performance of their active obedience, and in no other case whatsoever. And these are the voices of all Laws and wise men in this matter. D. De legibus, & Senatus consult. L. 6. Legis virtus haec est, imperare, vetare, permittere, punere, says Modestinus the Civilian; That this is the force of a Law, to command, to forbid, to permit, to punish. And & ideo, de iis quae primo constituuntur, aut interpretatione aut constitutione optimi Principis certius statuendum est, says Julianus: Ibid. L. Et ideo. That therefore in those things which are first of all constituted, we must determine more certainly either by the interpretation or constitution of the most excellent Prince. Et L. Non omnium. And non omnium, quae a majoribus constituta sunt, ratio reddi potest: That there cannot be a reason given of all things which are constituted by our Ancestors. And, Et ideo rationes eorum quae constituuntur inquiri non oportet: alioqui multa ex iis quae certa sunt subverterenter: That therefore the reason of those things which are constituted ought not to be asked for; otherwise many of those things which are certain would be subverted, Ibid. L. &. ideo Rationes. says Neratius. And Tacitus, principi summum rerum judicium Dii dederunt; subditis obsequii gloria relicta est. Annal. 3. That the Gods have conceded the Supreme Judgement of Affairs to the Prince; and the glory of obedience is left to the Subject. And Gellius, Media igitur Sententia optima atque tutissima visa est; quaedam esse parendum, quaedam non obsequendum: That the middle sort of advice seems to be best and most safe; that, as to some things, we ought to obey, and as to others only not to be so pliant to Obedience. And it is the outcry of Medea in Euripides In Medea. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. paulo post princip. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉— O thou great Themis! and venerable Diana! Ye see what I suffer: Who with great Oaths Ibid. paulo post. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Have bound my accursed Husband— And afterwards, Oportet autem Hospitem valde se accommodare Civitati. Neque laudo Civem, qui contumax existens Molestus est civibus, propter imperitiam, ac insolentiam. But it behoves a stranger very much to accommodate himself to the City. Neither do I commend a Citizen, who being obstinate Is troublesome to the Citizens, because of his Ignorance, and Insolence. And last of all, certain liberties belonging to those private persons also, in relation to their performance of that Obedience. VI Last of all then, there are also certain derivative Latitudes and Liberties which belong to these private Persons in relation to their performance of obedience to these establishments of Princes, and which are their derivative Rights in this matter: But these also shall be more particularly asserted, and unfolded hereafter in the places proper to them. DE Jure Vniformitatis Ecclesiasticae: OR, OF THE RIGHTS Belonging to an UNIFORMITY in CHURCHES. BOOK III. CHAP. I. Of the two Grand Instruments of an Ecclesiastical Uniformity, (viz.) A Canon of Doctrines, and a Liturgy framed according to it. I. THe Prescript of the Christian Religion hath been most vexed by Contests: And the greater necessity of an Ecclesiastical Uniformity, and of this work, deduced from it. II. A Canon of Doctrines defined and distinguished. III. The state of the Case concerning its being the Primary and Principal of the two Grand Instruments in an Uniformity. iv A Liturgy defined and distinguished also. V It is convenient, that where a Liturgy is used, there be as few other sorts of Public Services permitted to accompany it as may be. VI The Liturgy also aught to be conformed to the Canon of Doctrines. VII. The Heathen, Jewish, and Apostolical Liturgies contested. VIII. The present Liturgies that are abroad in the world. IX. The History of the English Uniformity, and of its Canon of Doctrine and Liturgy. X. Some appendent Questions concerning a Canon of Doctrines and Liturgy resolved. XI. The First Question. XII. The Second. XIII. The Third. XIV. The Fourth. XV. The Fifth. XVI. The Sixth. XVII. The seventh and last. The prescript of the Christian Religion hath been most vexed by contests. And the greater necessity of an Ecclesiastical Uniformity, and of this work, deduced from it. I. THe Prescript of the Christian Religion is the best of any that ever hath been in the World, (i. e.) the most consisting of Doctrines, and explicatory of the particular Precepts of the Law of Nature; and consequently, the most perfectly directive of men in their way to Heaven, and as members of Humane Society. And yet (through the weaknesses and corruptions of men) there hath none been the subject of more contentions: Men having wiredrawn the doctrinal Texts of it, and every Sect and Heresy having suited them to their own turns, and all having applied that and the like Texts of the Apostle to their times, and in respect to their Opinions, and the opposers of them, that there must also be heresies amongst you, 1 Cor. 11.19. that they which are approved may be made manifest among you: Which things show the greater necessity of an Ecclesiastical Uniformity in the Christian Church, and of this work, for the explicating and unfolding of it, and the rights belonging to it. I come then here in this third and last Book to treat more particularly of that Uniformity, and that in a special manner of the two grand instruments of it, (viz.) a Canon of Doctrines, and a Liturgy framed according to it. A Canon of Doctrines defined and distinguished. II. And, first of all, that which is meant here by a Canon of Doctrines, is, a Rule or Standard of Doctrines, exhibited and propounded for profession of assent to be made to, in any Church. And such a Canon is either written, or else unwritten and traditional. And the written is either Systematical, and collected unto one body of Doctrines, The state of the case concerning its being the primary and principal of the two grand instruments in an Uniformity. Lib. 2. Cap. 7. §. 4. or else diffused and dispersed amongst other things. And either of these may be either Humane or Divine: The Humane is that which is exhibited and propounded as such by Humane Authority; the Divine, by Divine Authority. III. This Canon of Doctrine is the primary and principal of these two grand Instruments of an Uniformity. And, in our stating of it so, we mean it also principally and ordinarily of a written, Systematical, and Humane Canon, and not of the contrary. And that because the traditional sort of Doctrines are less ordinarily found in Churches, as hath been heretofore mentioned; and also because the Systematical Humane Canon, is the only Natural way for the procuring positive Peace and Charity in matters contested, as hath been hinted also, and shall hereafter be more expressly asserted. It is true, that it were better that their serving one and the same God, or any the like fundamental single Doctrine (if it might be) and although not with the allowance of salvation perhaps to one another from him) were a foundation for a medium of charitative communion betwixt Turk and Jew inhabiting in the same Neighbourhood of Amsterdam, or any the like part of a Society, then that all Peace and Charity in matters of Religion should be utterly broken: But where there is a National Church, and where the Governor would procure any sort of positive Charity, either Christian or common, and any tolerable degree and measure of it amongst his People, he must come to a more large and Systematical Canon of Doctrines. iv We come then to define also what we mean by a Liturgy, A Liturgy defined, and distinguished also. the second of these main instruments in this Uniformity. And, by the use and customary application of the word, in this Case, That which is vulgarly meant by it also, is more generally, any public form of Divine Service, and more specially and particularly such a public form of Prayer to be used in Divine Service, and at the several occasions of it. And so, that which prescribes the matter only of the Public Divine Service, is called a Directory; and that which prescribes the Form also a Liturgy; and that which is bounded by the prescription of neither, is purely an extemporary service. V It is convenient, It is convenient that where a Liturgy is used, there be as few other sorts of public Services permitted to accompany it as may be. that where there is a stated Liturgy made use of in any Church, there be as few other sorts of Services, either extemporary or directive permitted, as may be: And that not only because those other sorts of Services accompanying it, should not come into competition with the Authorized Liturgy, in the wild esteem of the people; but also for many other Reasons which might be mentioned. And this is to be construed more principally of services of the same kind, and less principally also of Services of divers kinds. The Church of England in this case, hath contented herself, ad minimum, See the Constitutions and Canons Ecclesiastical. with the prescription of a Directory in the particular of Public Prayer before the Sermon, and with advice, that it should be performed as briefly as conveniently may be. And the like have been the constitutions in other Churches. VI The Liturgy also in any Church ought to be composed and framed according to the mind and tenor of the Canon of Doctrines. And that because it is one Office of such a Liturgy, The Liturgy also aught to be conformed to the Canon of Doctrines. in an Ecclesiastical Uniformity, to exhibit to the people the doctrine taught in any National Church, and by its so doing to instruct them, from their ordinary use of it, in those Doctrines of the Christian Religion. The Heathen, Jewish and Apostolical Liturgies contested. VII. Amongst the several instruments of the Uniformities that have been heretofore in the world, the Liturgies of all the three first Celebrated professions of Religion have been more especially contested: And that the Heathen Liturgies in their circumstantials, but the Jewish and Apostolical Liturgies of the Christian Church, in the substance and very being of them. As to the Heathen Liturgies, it hath been alleged, that they ought not to be accounted of as exemplary to Christians: But the allegation hath erred, in sensu composito; for although it be true that they ought not to be accounted of as such Quatenus Heathen Liturgies, yet it doth not follow, but that however, and the light of Nature upon the grounds heretofore mentioned warranting it, they ought to be accounted of as such Quatenus Liturgies. But the Jewish and Apostolical Liturgies have born the principal brunt of the contest. As to the Jewish State, the occasions of it were twofold; either Eternal or Temporary. The Eternal were in relation to its defence against Heathenism, and the Nations of that Profession round about it. The temporary in this case were in relation to Domestic Schisms, and the mischiefs accrueing to the public from them. And the constitutions in it concerning both these, were either Divine or Humane. As to its Eternal occasions, and the serving of them, I look upon the first Table of Moses, as evidently directing to a Canon of Doctrines. And as to its temporary occasions, and the serving of them, I look upon the Scriptural Temple-Service, and the like prescript forms of Ceremonials in any of their times, as standing in one part of the place of a Liturgy. And these were the apparent Divine Constitutions concerning these matters. But if it be enquired farther and more particularly, either what were the Divine or Humane Constitutions, either concerning the temporary or eternal occasions of Israel, either as to its Temple or Synagogue Service; in most things it is very hard certainly to determine. That God approved of a form of Prayer as lawful in Israel, it is evident from the customary Prayer of Moses (Num. 10.35, 36.) at the setting forward and resting of the Ark; and from many other particulars which might be mentioned. And that there were forms of singing, and of other Services used, both in the Temple, and in the Synagogues, it is evident, both from the ordinary use of David's Psalms, and of the Hymns of Asaph the Seer as such (see 2 Chron. 29.30.) and from the stated Sections and Lectures of the Law, noted in the Hebrew Text, and appointed to be read in the Synagogues by course upon every Sabbath throughout the year; and from other particulars also which might be mentioned. And but that there was a Liturgy, taken in a special sense, in use also, (i. e.) some body of set forms of Prayer appropriated to both these sorts of services, there is no reason in the world to doubt of it. But that God should compose and constitute such a Liturgy at the first founding of the other Laws of that Society, and with injunction of it upon future Ages, it could not rationally be expected, the variety of occasions of that Society being considered, and which such a Liturgy was temporarily to be stinted to. And however, because such his composing and constituting of it, or any part of it, is not mentioned in Scripture, nor in any other Humane Records of that Church that are extant, and perhaps of such certainty as may be required, it is no Argument at all, that therefore there was never such a one, or so constituted. That there should be Synagogues in all the particular Parishes, and lesser Divisions in Israel, who will doubt but that it was approved of by God: But yet we find no mention o● them in Scripture, and as constituted by any Divine Law: What wonder then if not of the Liturgies to be used in them? The sum of all is, That the Records of that Church, both Humane and Divine, are in part at least lost and defective: The Divine, although not as to fundamentals of Religion, yet as to many other things; and the providence of God is acknowledged, in the mean time, to be sufficiently salved by the assertion: And the Humane almost totally, and in every part of them. And so then we must be content to acquiesce in Rabbinical traditions, and things of the like credit, and in that number of them that is to be found extant also. The like almost is the condition of the first Ages of the Christian Church: There are but very few Records of its Affairs of those times remaining. That the Apostles constituted Liturgies, there is reason to believe, although theirs were not National Churches, but yet not with injunction of them neither upon future Ages. That the Creed commonly called the Apostles, was framed for general assent, and profession of assent also to be made to it, we have it from the general fame and tradition of the Christian Churches. And that a form of Prayer was approved of, it is evident from the use of such by Christ himself in his Agony, Mat. 26.44. Luke 11.2. and from his teaching his own Prayer to his Apostles as a form; and concerning some of the petitions of which, some Critics say, and not improbably, that he derived them from some public forms then extant amongst the Jews: And divers other things might be mentioned. But still, and all these things being considered, we do not see any reason at all for any absolute denial of the being of Liturgies, either in the Jewish or Apostolical Christian Churches. VIII. In the interim, The present Liturgies that are abroad in the world. we come to the assignation of the present Liturgies that are abroad in the World. And as the Canons of Doctrines every where are actually conceded; so they are supposed to be conceded, since there is no being for any such thing as Religion in any Church without some one sort of Canon, or other of those that have been mentioned necessarily co-existent with it; and since there is no being for any positive peace and charity in matters of Religion ordinarily, without such a Systematical Canon, as hath been mentioned also; and that also established either tacitly or expressly by the Authority of the Superior. Liturgy then (taken either in a general or special sense) is dispersed at present over the whole face of the Earth. Amongst the Gentues or Gentiles, the Eastern Histories relate its being made use of every where. Amongst the Jews also it is used in like manner, as is evident from the Editions of their Public Prayers in Hebrew, Printed by themselves both at Venice and in Polonia; and as is recorded by Manasse Ben Israel, In his Vindiciae Judaeorum. § 3 He Turcar. Ritu etc. C. De templis seu Meschitis eorum. Pandect. Hist. Turc. C. gradus Legis. etc. Et C. Cudsimubar. etc. p. 243. & 431. in Quarto▪ De Aethionum morib. in Confess. Zagazabo. passim. De Abassinor. Rebus Lib. 1. Cap. 22. & alibi. Vid. Orat. cum post reditum ex Austria, etc. circ. med. late in England, and by divers others. The like also is amongst the Mahometans, and is testified to by Georgieviz, Leunclavius, and others. And lastly, and in a more special manner, the like is in use every where in the Christian Churches. We will begin with the Abassines, or Aethiopian Christians: And their confession of Faith, and forms of Prayer, and of other public services, are recited by Danianus a Goes, Godignus, and others. Let us go on from them to the Churches in Asia; and as to them, the forms of Doctrines and Liturgies of the Syrians, Georgians, Armenians, Nestorians, Jacobites, and others, are recited by Chytraeus, in his Oration after his Return out of Austria; and by the several Authors mentioned by Mr. Brerewood, to that purpose, and others. Let us proceed from them to the other part of the Christian Churches, lately extant in the West Indies: And we may expect them to be conformed to the Roman or other Professions who have subjected them to them. And last of all, let us come into Europe, and particularise these matters of the Christian Churches there: And first, in the Roman Church, and the Dominions and Territories of Princes holding communion with it; and so far forth as their affairs severally will permit, In his inquiries of the divers sorts & sects of Christians, etc. and of the several Languages wherein the Liturgies, &c passim. we need not doubt of the existence of suitable forms of Doctrines, and Liturgies framed according to them. So in the several Principalities of Italy, in the Romish parts of the Empire; in the Kingdoms of Spain and Portugal, and the like. Next to that follows the Greek Church to be considered; That is to say, the Christian Churches now remaining in Greece, and the Territories of that Communion adjacent and belonging to it: And we are assured of their Horologies, Liturgies, Litanies, In Oratione post reditum ex Austriâ, etc. in princip. Masses, and the like, and of their Doctrines according to which these things are framed by Chytraeus, and others. Next to them let us pass on to the Ruff Church, it holding communion for the most part with them: And their Doctrines, and Liturgical forms are described also by Fletcher, In his Hist. of Russia. Cap. 22, 23, etc. De Russorum Religione. in Epist. ad D. Chytrae. Paulus Oderborinus, and others. And, last of all, let us come to the more North-West Churches, called Protestant: And in them also, even in those of them that have separated farthest from the Church of Rome, we shall find, according to the several proportions which their affairs bear to them, these things. So in the Church of Geneva, The Laws and Statutes Lee the Laws and Statutes in Princip. appoint their Evangelical Ministers to protest to receive and retain the Doctrines approved in the Church, before they be admitted to the Ministry. And in the Oath taken by them before the Syndieques and Council, Ibid. Paulo post & p. 9 sub Tit. Here followeth the persons, etc. they are obliged to conserve and keep the Unity and Concord of Doctrine; and, if any differences therein happen, to refer them finally to the Magistrate, and the like. And although they prescribe a Directory only (both for their Church and Family Prayers) in some particulars, Ibid. in fine. In the third Proclamation. Ibid. sub Tit. The order which ought, etc. and as expecting by that sufficiently to provide for the Peace of their Little Territories, yet of necessity they prescribe a form in other particulars; and they no where declare against the use of Liturgy by other Churches. The like is to be observed in the Churches of the Low Countries, the Ministers are appointed to subscribe The confession of Faith, and the Catechism used and authorized in the Reformed Churches of the United Provinces, See the Corpus Disciplinae. Cap. 1. in princip. Cap. 4. in princip. Postea p. 12, 13, 14, etc. and also the doctrinal Decrees of the Synod of Dordrecht, in the Year 1619, and to submit themselves to the Synod. And the Corpus Disciplinae sets down also their directive prescriptions for the celebrating of Divine Service; and the forms of Prayer, and of other things, for the administration of Baptism, and the performance of other Offices in the Church. The like to these things also were those said to be presented to the High Court of Parliament for the Reforming of the Church of Scotland not long since. In the pattern of Reformation, See the Reformation of the Discipline and service of the Church, etc. Edit. London, 1643. was set down the confession of Faith, used in the English Congregation at Geneva, to be assented to; and the prescript forms of Common Prayer, and of other things, to be used in the Public Divine Service. And the like things are to be observed in the publication of the Doctrine and Discipline of the same Kirk. Printed by Robert Young, Anno 1641. See the first Book of Discipline, for prophesying, etc. & alibi. Curiosity of bringing in strange Doctrine is to be noted, and the like. And last of all, the like things are in use in the present Church of England. The Canon of Doctrine in that Church, is that body of Doctrines which is ordinarily called the nine and thirty Articles, and the Liturgy is framed according to it. IX. The History of the English Uniformity, and of its Canon of Doctrines and Liturgy, is here worthy the noting briefly, The History of the English Uniformity, and of its Canon of Doctrines and Liturgy. See the preface to Rogers on the 39 Articles. and by those that will the better understand the affairs of it. The present Uniformity for the most part of it was at first set up by godly, able, and impartial men in the time of King Edward the sixth. And they had this advantage at their then departing from the Uniformity of the Church of Rome, That the Public Affairs of the Kingdom, and the present state of them, did permit their fixing in a mean, and betwixt the extremes in this matter: And they endeavoured it accordingly, and have left their posterity to Glory in it to this day. They were the words of a King, who suffered Martyrdom in the defence of the English Church, and the Religion established in it, and left this Advice and Testimony behind him to his present Royal Successor in the Throne; See his Letter to the Prince of Wales. I have tried it, and after much search and many disputes, have concluded it to be the best in the world, not only in the community as Christian, but also in the special Notion, as reform, keeping the middle way between the pomp of superstitious Tyranny, and the meanness of fantastic Anarchy. And many the like Testimonies in this matter of meaner persons might be added. After the days of Edward the sixth, and in the time of Queen Mary, this Uniformity being intermitted, at the coming of Queen Elizabeth to the Throne, it was again revived and promoted. In her days first began the Domestic oppositions of some of those of the Reformed Profession to be made against it: And they quickly were made Popular; and the Effects of them are felt to this very day. The Grand Posts of Controversy have been, the Episcopacy, the Liturgy, and the Ceremonies: And the two latter, it is evident, in order to the subversion of the former. And the Original of those oppositions made against them is judged by wise men to have proceeded from impressions received abroad by some of Queen Mary's Exiles, and especially at Geneva. So says the wise and moderate Discourse, reprinted in the year, 1641. & Vid. p. 42. said to be the Lord Bacon's: The fourth and last occasion, says he, of these Controversies, is the partial affectation and imitation of Foreign Churches. For many of our men, during the time of Persecution, and since, having been conversant in Churches abroad, and received a great impression of the Government there Ordained, have violently sought to intrude the same upon our Church, etc. Vid. passim. And first published, Anno 1575. and reprinted, 1642. See the first and second Admonitions. Aano 1573. Supra Lib. 2. Cap. 1. §. 6, 7, 8, 9 The Authors of them being Imprisoned. See the Admonitions, & Answer. See his modest and reasonable Examination, etc. Cap. 1. p. 21. etc. See Mr. Sprints Cassander Anglicanus, p. 1●3. and his Reply annexed. p. 269. And the History of these men's Conversation abroad is to be seen much of it in the Book called, The Troubles at Frankford. These Oppositions then being thus once made, and made popular, innumerable Pamphlets, in the said Queen's days, flew about: And amongst others, those of the greatest note were the two Admonitions to the Parliament. The Fallacies, and other faults of the first of which, were discovered by Dr. Whitgift in his Printed Answer to it. And all these things being thus on foot, the ordinary causes of such Religious contests, (heretofore in this Discourse mentioned) must needs be supposed to work together with them on both sides, (viz.) the Vulgars' mistakes in Religion, the collision of passions (like Flints striking fire out of one another) the mixture of worldly interests, and the like; and the weaknesses and corruptions of men were the oil to all these flames. Till the days of King James, than these oppositions still grew on. The opponents admonitions had been rejected before by Queen Elizabeth's Parliament; the fallacies of them (as is said) discovered; their making their Discipline a third Note of a Church derided with anger, by Dr. Covel, and others, and the like. And in the King's time, they were further told, That Omnis mutatio periculosa, & plena scandalis: That, the least change, as things stood, was dangerous, and would be full of scandal to Authority, and the like. See the Conference at Hampton Court. And the King himself had a conference with some of the heads of them at Hampton Court. And certainly it will always hold true, That, things settled by the deep and deliberate considerations of former times, although the bottom Reasons of them may not presently appear to all, are not to be easily altered. Last of all, in the time of King Charles the First, the opponents were still further told in Parliament, that their Discipline would not consist with Monarchy; That Episcopacy, being at least lawful, See the Lord Digbies speech in the house of Commons, Anno 1641. there was no reason for its being abolished, and the like. But all this, and the English Uniformity its having passed the Test of so many Kings, Parliaments, Counsels, Convocations, etc. would not suffice. Till at last, the people having been all this while tampered with by the Opponents, and put into a disposition to Sedition and War; from these Religious contests sprung Rising in Arms, and the confusions and miseries following upon it. And at last, when that Heroic Martyr King himself told the Opponents, See 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and his Answers to the Ministers in the Isle of Wight. that the abolishing of Episcopacy was against his Coronation Oath, and the like, yet all this would not suffice. Which of the opponents, in these heats, were led by principles of Conscience. and which not, the searcher of hearts knows. But thus still hath the present, and at first well settled English Uniformity passed the Test, and been Established, and Authority hath claimed its undoubted Right of the establishing of it. And it is pity, that a Church so well and temperately settled should be disturbed. The like to this of the Uniformity in the general hath been the more particular History of the Canon of Doctrines also and Liturgy, both as to the original and traduction of them. The Canon of Doctrine, for the most part of it, was contrived and composed also in the time of King Edward the sixth, and by the advice of his Divines, and at the special instances and instigation of the Holy and Reverend Archbishop Cranmer, See the Preface to Rogers his 39 Articles. See Rogers, Ibid. p. 4 ibid. p. 5. and the Statutes 13. Eliz. who afterward sealed it with his blood. Afterwards it was revised and somewhat augmented in the days of Queen Elizabeth, and allowed of again by a Convocation in the Year 1562. and afterwards confirmed by Act of Parliament, and subscription was required to it in the Year 1571. As also it hath been ever since. The first Admonition to the Parliament in Queen Elizabeth's days approved of the doctrinal part of it in the main, though not in the Disciplinary. See the first Admonition, second part, Art. 3. See first Admonition, Ib. See a part of the Register. A brief Answer to the principal points, etc. But yet the Doctrinal part hath not wholly escaped the shot neither. By the first dissenters mentioned, it was taxed favourably, and but in a point or two. By others afterwards in more things, and with greater severity: Partly by a rigid Interpretation of Phrases, partly by a flat contradiction of Doctrine. And by others since, as being in many things doubtful and defective. But the truth is, the frame and composition of it is very cautious and wary: and it includes an ordinary competent and sufficient number of Doctrines for the preserving the purity of Religion and Peace of any Church: And in some particulars, relating to these things, it will be instanced in, as it falls in the way hereafter. Last of all, we come to the Liturgy, which is of the same original date together with the Uniformity itself; and hath for the most part passed the Times and former Tests together with it; and is composed of ancient forms used in the Primitive Church, and containeth the several sorts of things which are pertinent to the variety of Christian occasions, (viz.) Texts of Scripture, exhortations to Repentance, Prayers, Hymns, Psalms, Lessons, Doxologies, Creeds, Thanks-givings, and the like. And the Reasons and Intents of all which, See a defence of the Liturgy. Edit. Lond. 1630. & alibi. dispersed throughout the several parts and Offices of it, may be seen in the writings of those that have given an account of them formerly; and of late Queen Mary's Martyrs died in defence of it, amongst other things. It was defended zealously by one part of the than Exiles at Frankford, See the troubles at Frankford, p. 16, 19, 23, 223, etc. See Cassander Anglicanus. p. 123. etc. And the view of the new Directory, (said to be Dr. Hammonds) p. 17, 79, etc. See Smectymnuus, Sect. 2. Quere 1. etc. The sober & temperate discourse, Chap. 8, 9, 11, 12, etc. See certain considerations, etc. said to be the Lord Bacon's, in Quarto p. 23. See, A view of the New Directory, etc. The Preface, §. 3. while opposed by the other. It hath been approved of openly by several late Learned men of other Reformed Churches. There are amongst others, two more solemn collections made of the Objections against it; most of them being old Objections new dressed: And the one of those Collections being entitled, Smectymnuus, made in the heats just preceding the late Civil Wars; and the other, the sober and temperate Discourse, made in the first nick of expectation of a late Toleration since his present Majesties Happy Return. The most of the Objections are not of that weight as to deserve any stayed consideration; and all of them (being weighed according to the Rules and Laws of an Ecclesiastical Uniformity) are, I think, evidently invalid. I will end this Narration with the verdicts of two Learned men to this purpose; The one a great Statesman in his time, and the other as able a Churchman in his; The one is the Lord Bacon, and the other the late Dr. Hammond: The Lord Bacon's Verdict is this; For the particular exceptions to the Liturgy, inform as now it stands, I think divers of them, allowing they were just, yet seem they not to be weighty, otherwise then that nothing ought to be accounted light in matters of Religion. The Doctor's is this; Ever since the reproaches of men, says he, have taken confidence to vent themselves against this Book, there hath nothing but Air and Vapour been vomited out against it: Objections of little force to conclude any thing, but only the resolute Contumacious either ignorance or malice of the Objectors. Some appendent Questions concerning a Canon of Doctrines, and Liturgy, resolved. X. These things being thus more particularly said, we come here again to expatiate into the general; and in the last place to subjoin several question concerning the two grand Instruments of an Uniformity as such: And the resolution of which belongs, either more expressly or implicitly, to the things already mentioned concerning them. XI. In the first place then, the first of them is, The first Question. Whether a traditional and more ceremonial, or else a written and more doctrinal prescript of Religion be in its self lest subject to popular contests? And as to it, it is answered affirmatively, concerning the former of these; That it is, in itself, least subject to be popularly contested. And the reasons of it are, because a Traditional Prescript is more remote from the people's view, and so far forth as it is Ceremonial, but secondarily and mediately doctrinal. But than it is purely at the good pleasure of God, whether he will constitute such an one for his prescript of the True Religion, or not, and when such an one is constituted by men, it is but a double Artifice. And God, be-because the Light of the Gospel, and the increase of Knowledge under it, was to be displayed, hath constituted the Christian prescript almost totally Doctrinal: And, writings being the more certain way for the conservation of things, he hath constituted his prescript also perpetually written; And hath left it to Humane Prudence, pro hic & nunc, and according to the divers occasions of Societies, to secure it from noxious vulgar contestations by the Laws of an Ecclesiastical Uniformity. XII. The second Question is, whether the Scripture, The Second. the Original Divine Canon, be not sufficient, and such, as in its place, for the attaining the ends of an Ecclesiasticol Uniformity? The answer is, No. And yet it detracts not at all from the Honour of the Scripture, but only argues the weakness of men amongst whom it hath its being. For the Christian Scripture being large, and full of many and dispersed, and diversely clothed assertions concerning the same things, it is evident that it wants a skilful and industrious explication: Or else we will put the case in common concerning any pretendedly Original Divino Canon, as well as it, constituted in any Society whatsoever. And still it will hold, that when controversies arise concerning it, a living Judge with his Humane systematical Canon, is the only natural way for the ordinary composing of them. XIII. We come to the Third The Third. Question; and that is, whether the same specifical Ordinances only, and extemporary Public Services; or else however the performance of the the Public Divine Services in any National Church in the way of Directory, may not be, in some sort, sufficient for the preservation of the Public Peace in that Church? The answer is, Yes: But not so sufficient as a Liturgy. Lib. 2. Cap. 7. §. 14. For, as was said above in the Question of the like nature concerning varieties of Communions as to some things permitted in any Church; so here also it is to be said, That either under a Directory, or extemporary Public Services, the people will lie more open and ready either to fall into any sort of Religious Factions of themselves, or else to be led into them by others. And, all Governors being bound to use all lawful means for the procuring of as much Peace and Christian Charity as may be amongst their people; and a Liturgy being none of the extremes in an Ecclesiastical Uniformity, but in the vulgar tongue being in itself lawful, there is no reason in the world, but that it should take place where it may, and where the Public Affairs will bear it, before either of the two other sorts of Services. XIV. The fourth The Fourth. appendent Question is, whether a Liturgy do not transgress the Rules of Scripture Constitutions, in hindering and laying a restraint upon the use of Spiritual Gifts to be exercised in public by the Ministers, or Spiritual Conducts in the performance of Divine Service in any Christian Church? The answer to it also is, No. And the state of this case is this. 1. The Supreme Magistrate, in any Society, hath in the general the power over the use of the Gifts of all Spiritual Persons in Public: And it is one particular part of his Indirect Power in Spirituals; and necessary also to the preservation of the welfare of his Supreme Public Charge. Since it is evident, both in itself, and from the experience of all Ages, that by the undue use of those Gifts, if it be permitted, either Religion or Government, or the consistency of Religion with Government, may be ruined in any Society. And upon these accounts it is, that this Power of restraint over the use of these Gifts hath been ever claimed, and made use of by all Princes accordingly: And he that shall deny it them, shall deny them the means to the end. 2. The Scriptural end of the use of all such Gifts, is, for the public good and edification of the Church: For so says St. Paul, 1 Cor. 12.7. But the manifestation of the Spirit is given to every man to profit withal (i. e.) ut Ecclesia fructum inde percipiat, In Loc. says Calvin, and so others. 3. The Gifts here principally concerned, and of which the use is to be made, are those of Knowledge, Invention, and Elocution. And if these are made use of, either in Extemporary or Directorial Services; so are they made use of also in the use of a Liturgy. The Knowledge, Wisdom, and Invention of those that composed it, in the composure of it; and the Elocution of him that is employed in the use of it, in that his actual using of it. The immediate effects of the use of these Ministerial Gifts in a Christian Church, are either ordinary and natural, or else extraordinary and supernatural. The ordinary are the generating of Natural knowledge and affections in others; the extraordinary, the opposite. And if the generating these extraordinary effects of Sanctification may be expected to accompany the use of either of the two sorts of the mentioned services: so also it may be expected to accompany the due use of a Liturgy, and that at least in an equal manner, for aught appears either from the Divine or Natural Law, either from any general or particular precepts of them, or any promise of God annexed to them; especially it being considered, how much the use of a Liturgy tends to the excluding of Schisms and Heresies, and to the generating of Christian Unity, and Charity, and Peace, (which are the consequential effects of such an use of it) more at least than the use either of a Directory, or Extemporary Service doth. 5. And Lastly, the conclusion in this matter than is evident from these positions and comparisons of things; That the use of Ministerial Spiritual Gifts in the way of a Liturgy (all things being considered which belong to the Case) may be expected to be of more benefit to any Church, and the Community in it, than the use of those gifts in the other ways mentioned. The complaints then in this matter are unjust, That by the use of a Liturgy in a Church, men are abridged of their Christian Liberty (a part of which the use of men's gifts in Public is not; but it is one sort of outward actions.) And so also, that the free use of their gifts is restrained, and the like. It is true, variety and novelty delight Humane Nature: And, the more remote from Forms, Public Services in Religion are, the more, upon those accounts, they are apt to take the vulgar, and to seem, diversely, to them as Lovely Songs, and the like: And therefore they are the fit Instruments for any Heresiark to make use of. But he that will either settle a Church in the capacity of a Governor, or else state his Case of Conscience arights in this matter in the capacity of a private person, must consider the consequences of these things. XV. The like to this also is the Question, The Fifth. Whether a Liturgy may be used with so much attention of mind, and equal degrees of affection, as a Directorical, or Extemporary Service? But the Question is not rightly put, to argue the simple unlawfulness of a Liturgy: For, 1. Which of these two sorts of Services, either Liturgical, or Non-Liturgical may be attended at any time, with the greater degrees of these things, it is uncertain, according to men's several degrees of endowment with those spiritual gifts we mentioned just now. If their invention of matter and elocution be so prompt, as that it doth not take up their minds more than either the reading or the saying of a Liturgy by heart (perhaps after a frequent and continued use of it) than a Non-Liturgical Service may exceed, otherwise not. And as to the phrase of a Liturgy in this matter, and its being Spiritual: In some places it ought to attend comprehension of sense, and Doctrinals, and Gravity and solemn weightiness of phrase (to poise the mind in the use of it) as well as altogether that which is affectionate, or may be deemed Spiritual. So the English Liturgy doth; And so doth even the Scripture itself. And last of all, if the employment of the mind may be supposed to be more Spiritual, and within its self in the use of a Non-Liturgical, then of a Liturgical Service; it returns to this, That in a Non-Liturgical Service the invention, as it were, hunts out for some present either phrase or matter, which the eye hath formerly read; and in a Liturgy the apprehension attends upon either the eyes present reading, or the heart and memories present dictating to it. And so, what advantage may be from hence, except on the Liturgies part, we do not see. It is true, men are apt not to be so mindful of their employing their affections and attention of mind in the use of a Liturgy, as in Services, where the faculty of invention is necessarily put upon action: But then that is their own fault, and not the fault of the Liturgy. 2. But we will suppose the Concession of Liturgies not being, in the simple use of it, so capable of these things. And yet however this doth not conclude rightly for the either unlawfulness, or so much as inconveniency of a Liturgy: Since all this, and a great deal more, will be abundantly recompensed to any Church by its being in its self such a means of Unity and Peace, as hath been mentioned: So that thus then, and notwithstanding these exceptions to be made against it, it doth not follow, but that a Canon of Doctrines and Liturgy, and in that kind of them and manner, as they are here asserted by us, are the two grand instruments of an Ecclesiastical Uniformity: And that a Liturgy, Secundum debitum Rationis, and where affairs will permit, is in its self to be preferred before either a Directory, or Extemporary Services. We come then but to two more Questions or Queries, secondarily concerning these things, and so we shall conclude this Chapter. The Sixth. XVI. The sixth then, and first of these Questions or Queries, is, What are the Rules that are to be proceeded by in the alteration of an Uniformity, Lib. 2. Cap. ult. §. 1. and of these two grand instruments of it? And those are the very same that we said above were to be proceeded by in the first framing of it; and the mention of which is here to be recalled (viz.) That the rights of all be preserved; that to God his right be preserved, by its crossing none of his Commands, but assisting to the performance of them: To the Supreme Magistrate his Right, by its being proportioned to his occasions, and the discharge of his trust: To the Church Governors also in their way, their Rights, by its affording to them the like means of the discharge of their function in their several places and capacities: To the private Christian his Right, by its preserving to him the enjoyment of his Christian Liberty, and the use of his Liberty of Conscience, and judgement of discerning: To the Subject also his Rights, by its enjoining nothing upon him but by Lawful Legislative Authority: And last of all, to all these their Rights, both mixtly, and in their several respects, by its cutting off occasions of contentions, and of corrupt wicked men's abusing and invading these things and persons severally, to the disorder and destruction of Humane Societies and the welfare of them. And these things are to be heeded by all Princes, and Synods of Divines in this matter. And these general Rules are to be applied to all particular Cases. And although perhaps many times, especially in times of present Factions in Societies, there may be discontents arising, and fomented, and cries made of scandals and offences given by such Princes proceed, and the like, yet they ought not to heed those things, so as to cause them at all to departed from these rules of distributive Justice in this affair. XVII. In the last place then, the last Question or Query, The seventh and last. is, Why so great a latitude in preaching (i. e.) upon voluntary choice of Texts and Subjects, and with men's own immediate invention of the matter on them, is to be left open; where notwithstanding perhaps other Public Services are stinted and restrained, either by the use of a Form and Liturgy, or else by a more immediate and particular Directory? And the Answer to this also, is; That, 1. Such Preaching is to be kept open for great and weighty Reasons, both special to Christian Churches, and Common to others, and both concerning Religion and Government, and the consistency of each with other. As to Religion, it is the Ordinance of God: And as to the Religious ends of the use and exercise of it, it is appointed both for the propagation of Religion abroad, and for the more particular occasional instruction of the members of any Church at home. As to Government, it is appointed to serve the just ends and emergent occasions of it also: And so of the consistency of each of these with the other. 2. And for these and the like more particular Reasons, it is, That it hath ever ordinarily been kept open in all Churches. De rebus & Imper. Lusitanor. ad Paulum Jovium Discept. Damianus a Goes Recites it concerning the Foreign Plantations and Dominions of the Portugals; In quibus Regnis multi ad ipsam Religionis veritatem a nostris Concionatoribus perducti sunt: In which Territories many are brought over to the truth of Religion by our Preachers, says he. And Georgievez, De Turcar. Ritu, etc. de Templis seu Meschiteorum. concerning the Turks: Sacerdos illorum suggestum ascendit, & ad duos circiter horas Concionatur: That their Priest goes up into the Pulpit, and Preacheth for about two hours' time. And afterwards of the Christian Tributaries, Concio, & Annunciandi Evangelii munus plane interdicitur: That Sermons, De afflict. Christian. Quae conditio de bellator: De gradibus Episcopo. in Graecia, etc. and the making use of the Office of Public Preaching the Gospel, is utterly forbidden to them. Yet Chytraeus, of the Constantinopolitan Greeks, Conciones omnino ipsis habere licet: That it is lawful for them to have Sermons. The like says he, and others of the Russians, and others. And in the Roman Churches, amongst their extremes of strictness in their Uniformities, yet their preaching is adorned with the gifts and abilities of their Clergymen. 3. Yet notwithstanding the use of such Preaching in any Church, may upon some occasions of moment requiring it, not only be made less frequent, but also for some time totally omitted: For, although the Public Ordinances of God in matters of Religion do, as such, oblige to the use of them Semper, and always, yet none of them simply ad semper, and at all times, as the usual distinction in Divinity is. And Preaching, being in itself capable of being so far abused by corrupt wicked men in any Society, as to be made the most potent and prevailing instrument, not only of the disturbing, but also of the utter ruining and confounding the affairs of such Society; where such a case may perhaps fall out, the use of that one Ordinance, either in tanto or in toto, either in the whole or in part, either for a longer or lesser time, may and aught to give place to the procuring the welfare of all the other Ordinances of God, See, A summary view, Edit. Oxford, Anno 1641. either Civil or Religious. Bishop Andrews, in his short Description of the Church-Governments of both Testaments, relates it concerning the Muscovian Emperor; That, being weary of the infinite strifes and contentions amongst Preachers, and by their occasions amongst others, he forbade preaching utterly throughout all his Dominions; and instead thereof, Commanded certain Sermons of the Greek and Latin Fathers to be Translated, and them to be read in Public Assemblies, without the adding of a word of men's own thereunto, upon pain of death. But it were to be wished that no such occasions might be given to Governors. 4. And lastly; this however is to be said in the General, that the use of all preaching, as well as of the other Public Religious Ordinances, is to be so modifyed and proportioned, as that it may consist every way, and in its place, with the use of the other Religious Ordinances, and with the welfare of the whole charge of the Magistrate in any Society. And to this end it is that all those Laws of an Ecclesiastical Uniformity, which are used diversely and according to the divers occasions and constitutions of Churches, are every where laid upon it. Sometimes the more ordinary and general matter of preaching, (viz.) the matters of necessary belief and of practical Godliness are prescribed in the way of more general direction: Lib. 1. De praedicatione Episcoporum & Presbyterorum. So in the Laws of Charlemagne, Primo omnium praedicandum est omnibus generaliter, etc. That, First of all, it is to be preached to all generally. So in the late Letter of his present Majesty of England to the Lord Archbishop of Canterbury, and the like. Sometimes again Forms of Homilies are appointed to be used, together with the greater Latitudes in preaching, especially by either weak or unpeaceable men. In the Roman Church, and since the breach made upon it by the dexterity of the late Reformers in preaching, Vid. Rationale Diu. Off. Li. 4. De Praedicatione. Et Novum Rationale. Lib 2. De Praedicatiane. Et, de ritibus Eccles. Cathol in princip. & alibi. they have brought the vulgar to esteem going to a Sermon only as a matter of convenience, and such as is left free to men's pleasures and opportunities, without imputation of sin: And Durandi, durandus de Rubeis, and the other Roman Rationales lay down directions for the using of preaching aright. And lastly, all Churches whatsoever agree in this, that they prohibit the Public Peace to be broken by it. CHAP. II. What are the General ends of such a Canon of Doctrines and Liturgy in any National Church? I. A National Church distinguished. II. A National Church is ordinarily supposed to an Ecclesiastical Uniformity. III. The Ends of a Canon of Doctrines and Liturgy distinguished. iv The General Ends of such a Canon of Doctrines and Liturgy in any National Church assigned. V An Objection answered. A National Church distinguished. Supra Lib. 1. Cap. 1. §. 6. I. THe more general distinction of a National Church being given above, we come here to the more special notion of it: And so it is, either representative, or diffused. The diffused is that which includes the whole Profession of any Nation dispersedly taken. The representative, that which consists of some select persons of that Profession, collected and called together: And there are the same grounds in Nature for a Church Representative, which there are for any other representative of the people in Civil matters whatsoever, (viz.) the wisdom and knowledge of some in all Societies above others; and either the difficulty or impossibility of calling the whole Society together. All are not fit for Council to Princes; and the most of men are born to be Ruled, and not to Rule. And, Deinde, quia difficile plebs convenire caepit, populus certè multo difficilius, in tanta turba hominum necessitas ipsa curam Reipublicae ad Senatum deduxit, D. de Origine Juris Lib. 2. ¶ deinde quia. says Pomponius of the Roman State: That, afterwards, because the Common People began difficultly to come together, and the whole body of the people truly much more difficultly; in so great a company of men, necessity itself devolved the care of the Common-Weal upon the Senate. And as this notion of a Church representative is thus warranted by Nature; So it is not contradicted by Scripture, nor by any necessary appropriation of the Original Word, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, in the New Testament. But as to those that require a precedent of a National Church to be given in the New Testament, it is ridiculous; the Christian Church than not being national, nor in an ordinary capacity to be so. A Church representative is again either compounded only of Clergymen, and the Prince by virtue of his Indirect Power in Spirituals presiding, (and then it is called a National Synod, or Convocation of Divines) or both of Clericks and Laics, and the Prince by Virtue of his Supreme Power over all presiding: And both these, according to the occasions of Princes, and the nature of the affairs committed to them to handle. But it is the notion of a Church National diffused, which is, and will be principally concerned both here and hereafter. II. A National Church is ordinarily supposed to an Ecclesiastical Uniformity. A National Church is ordinarily supposed to an Ecclesiastical Uniformity. Because the Chief Magistrate in every National Society hath the Right of settling it; and is ordinarily supposed to have some National Religion established within his Society; and so is the Supreme Head upon Earth of his own Church so established. And hence it is, that every such National Church is independent upon any other, and not at all obliged to the observance of the constitutions of it as such, and concerning indifferent things; but is to frame and order all things within itself, according to its own proper occasions. And those that do constitute the Headship upon Earth in such a Church in the Ecclesiastical Synods, called Presbyterial, do make way (the corruptions of men being considered) for the Ecclesiastical persons invading the Office of the Civil Magistrate, and converting clearly into a Pope in the end. The ends of a Canon of Doctrines and Liturgy distinguished. III. The ends intended in a Canon of Doctrines and Liturgy, in such a National Church, are either general, or particular: And the particular ends are either mediate or immediate: and both do bear the notion of means towards the general and last ends: And those are they which are here first to be assigned. iv The general ends then of such a Canon of Doctrines and Liturgy in any National Church, The general ends of such a Canon of Doctrines & Liturgy, in any National Church assigned. Supra Lib. 2. Cap. 8. §. 5. An Objection answered▪ and since they are the two Grand Instruments of an Ecclesiastical Uniformity, are the same that have been heretofore assigned as the general ends of such an Uniformity, (viz.) the preservation of the welfare of Religion and Government, and of the consistency of Religion with Government. V But here occurs an Objection then: That, this is the reducing Religion to Government: And why is not Government as well to be reduced to Religion! Answ. It hath been several times heretofore said, that it is so to be reduced to Religion; and the Governors' obligation in this particular, both in the Court of Conscience, and in the Court of Heaven, hath been mentioned: But in the mean time the Christian Religion needs no reduction, by any Humane Arm, to Government, since it consisteth with it, not only necessarily by a total negative consistency, but also positively and eminently, as hath been heretofore declared. Lib. 1. Cap. 4. §. 5, 6. And it is none of the intent neither of an Ecclesiastical Uniformity in the general, nor of the two Grand Instruments of it in particular, to make a Reduction of the right precepts of Religion to any unjust Rules of Government; but only to reduce the errors and extravagancies of men in matters of Religion to God's Ordinance of Government. CHAP. III. What are the more particular aims or ends of the Canon of Doctrines and Liturgy in order to these three Generals. I. THe more particular ends of the Canon of Doctrines and Liturgy described. II. First negatively, as to an Universal inward Unity of Opinion, and the reasons of it. III. The first Reason. iv The Second. V The Third. VI The Fourth. VII. The Fifth and last. VIII. Secondly, positively; and that is, as to those ends, both mediate and immediate. IX. First, what are those immediate ends in order to the first general end of them. X. The first of them, in respect to each of them distinctly. XI. The second, in respect to both of them mixedly. XII. The third and last. XIII. What are those more particular immediate ends, in order to the two last general ends of such a Canon and Liturgy also? XIV. The more particular mediate ends of them also assigned. XV. The first of them, in respect to the three generals, and to each of the Canon and Liturgy distinctly. XVI. The Second. XVII. The Third and last. XVIII. Two appendent Questions resolved. XIX. The first of them. XX. The Second. The more particular ends of the Canon of doctrines and Liturgy described. I. THese general ends of the Canon of Doctrines and Liturgy then being thus described, I come next to describe the more particular ends of them also: And that first negatively, and secondly positively. II. First of all negatively; First negatively, as to an Universal inward unity of opinion, and the reasons of it. And so an Universal inward Unity of opinion (the pressing of which upon men was abovesaid to be an extreme of strictness in an Ecclesiastical Uniformity) is none of the ends of them. And such an Unity of opinion in men, and as to the notions they have of things, is either mediate or immediate: And 'tis an universal Unity in the next and immediate notions that they have of those things, which is here denied to be any of the ends of the Canon of Doctrines and Liturgy in a National Church. And that for the reasons following. The first reason. III. First, because such an inward Unity of opinion in men is impossible (i. e.) ordinarily, and the causes of men's variety of Opinions (which were above assigned) being considered. Lib. 2. Cap. 6. §. 6. Absolute unity, even in Doctrines of Faith, is said, by the Scripture itself, to be proper to men's condition only in Heaven, Eph. 4.13. And the causes mentioned of men's variety of Opinions, being ordinary and natural; he that will reduce them to the contrary absolute Unity, must first of all change even Humane Nature itself within them, and alter them any more from being men. The Second. IU. Secondly, because inward Opinions touch not the Magistrates Province of Government (i e.) of themselves, and unless they be vented. But the Public welfare of Religion and Government, and the consistency of each with either, are the Public charge of the Magistrate, and the securing of them is the general aim of the Canon and Liturgy: And the effects of men's irregular divulging of their opinions, are the things from which they are to be secured. 'Tis the publication of wicked Opinions which is condemned by all Humane Laws. Vid. Can. 9.44, 59, 63, etc. So the Apostolical Canons condemn the outward Acts of separation. And the Law concerning Authimus taxeth the divulged Speeches of Nestorius and Eutiches. Novel. 42. Cap. 1. prope fin. And Plato in his Tenth of Laws, finds fault with those who speak openly against the Gods and their Worship. And, Horat. Carm. Lib. 3. Ode. 2. — Vetabo, qui Cereris Sacrum Vulgarit Arcanae, sub iisdem Sit trabibus, fragilemque mecum Solvat faselum.— I will not suffer him, who shall divulge the Holy Rites Of mystical Ceres, to be with me under the same Roof, or in the same Voyage At Sea.— V. Doctrines, expressed in general terms only in the Scripture, The Third. aught to be expressed in such general terms also in the Canon and Liturgy; Infra Cap. And that because they in such things ought to be regulated by Scripture, as will be hereafter said: And then the very generality of the terms, in the Canon and Liturgy, intimates a liberty of men's variation in their next and immediate notions about them. Such is the doctrine of Christ's descent into Hell, See Article 3. in the English Canon of Doctrines. Nay, and even in the things most particularly declared by any Canon, on its part, it doth not tie men on their part, to any one only particular and immediate conception concerning them, as shall be also hereafter evidenced. Infra Cap. VI men's private Opinions cannot come under the Magistrate's Cognizance, because he cannot know the thoughts: The Fourth. And therefore it is impertinent for him to intent his Canon and Liturgy for the immediate restraint of them. Wherefore, Cogitationis paenam nemo patitur, says Ulpian; That none suffer punishment of thought. F. De paenis Lib. 18. Ibid. De injuriis & famosis Libel. L. Item apud. ¶. 8. And in the case of slander, Non omne maledictum convitium esse, sed id solum quod cum vociferatione dictum est: That every evil Speech is not presently a slander, but that only which is uttered with outcry and aloud. VII. In the first and last place, The Fifth and last. no mortal man hath any right to oblige another to any particular senses propounded by him in any doctrines of Religion. God himself doth not oblige men to impossibilities in Scripture; much less is any man invested with power, either of himself, or by any other, to do it. Secondly, positively, and that as to those ends, both mediate and immediate. What are those immediate ends in order to the first general end of them. The first of them, in respect to each of them distinctly. VIII. This being than not the intent of the Canon and Liturgy in order to their general ends, I come positively to assign what are the more particular aims and intents of them: And that both mediately and immediately. IX. First, What are the more immediate ends of them in order to the preservation of the public welfare of Religion. And those are, X. First of all, in respect to each of them distinctly: 1. In respect to the Canon of Doctrines, the first of this sort of ends of it is, To exhibit a summary of the Doctrines of the Christian Religion; and that both as a confession of Faith in respect primarily to the Church National Representative, and also as a Standard or Rule of Doctrine in respect to the Church National diffused. 2. In respect to the Liturgy): And the first of this sort of ends of it also is, to be the ordinary instrument of Public Devotion, and Divine Service & Worship; and that both in respect to its instructing of the people in any of the Doctrines of the Canon, it being framed according to it; and also in respect to its performing any of the other Offices tending to the exciting of Piety and Affection in Relation to the practice of those Doctrines. Such are the Offices which the Scripture itself performs in relation to these ends, 2 Tim. 3.16. All Scripture is given by inspiration of God, and is profitable for Doctrine, for Reproof, for Correction, for Instruction in Righteousness, etc. And such also are the Offices that the Liturgy performs, by its forms of Exhortations, confessions of Sins, petitions to Heaven, and the like prescribed by it; and also by its suitable Ceremonies, of diversities of postures of body, earnestness or humbleness of voice, and the like, annexed to them, and enjoined to be used either by the Priest or People at the performance of these things. The second in respect to both of them mixedly. Lib. 2. Cap. 1. §. 13. and 16. XI. The second of this sort of ends relates to both the Canon and Liturgy mixedly, and that is, the maintaining of Charity and Peace in the National Church, (viz.) as such Charity and Peace (as hath been said above) make so much to the benefit of Religion, and are so much commanded in Scripture; And which (were they to be bought) were rather to be purchased with essence of Gold, then that they should be wanting in any Church. The third and last. XII. The like also is the third and last end of them; and that is, the preventing and removal of contentions in relation to matters of Religion: Lib. 2. Cap. 6. §. 9 and 12. And which contentions and opinion-feuds have been above also asserted to be so much hurtful to Religion, and so much forbidden in Scripture. What are those more particular immediate ends, in order to the two last general ends, of such a Canon and Liturgy also. XIII. The like also, only under somewhat other considerations, are the more particular immediate ends of the Canon and Liturgy, in order to the preservation of the welfare of Government, and the consistency of Religion with it, (viz.) the Canons exhibiting any Doctrines of Religion concerning either of them, and as making to the securing the welfare of either of them: And the Liturgies instructing in them, and exhorting to them, and the like. And both of them mixedly, their maintaining Charity and Peace, and removing contentions; the one of these sorts of things as hurtful, and the other as beneficial to either of them also. The more particular mediate ends of them also assigned. The first of them, in respect to all the three generals, and to each of the Canon and Liturgy, distinctly. XIV. These then being the more particular immediate ends of the Canon and Liturgy, the mediate follow: And these also are, XV. First, in respect to each of them distinctly, the Authorising the Doctrines of the Canon to be taught, and the Forms of the Liturgy to be used: And that both of them, in respect to the yet more mediate and particular ends, and in relation to their accomplishing all their three General, (viz.) that the means of Knowledge and Grace may be afforded to the people: And that they may be instructed in the Doctrines concerning Government, and the consistency of Religion with it. For, the Canon and Liturgy being thus each of them authorized and enjoined by the Magistrate; that which will follow will be, that they will be made use of by the National Church, and opened and taught to the people at the Public Ordinances, and the Doctrines of them will be treated of more at large in Homilies, Catechisms, good Books, Pieces of practice and devotion (for private and retired use) and the like: And by these means, the due respects will be kept up to Government, and the consistency of Religion with it will be preserved; And the salvation of souls will be provided for, and the Life and Power of Godliness succoured. Truly souls are precious and of infinite value, both in themselves, and also in respect to their sublime capacity and immortality in another world: they are like the pieces of Silver which the woman sought for with a candle in the Gospel. And, as Toledo said to the Legate from Rome in the Council of Trent upon occasion, That, He had heard it often preached, that the saving of one Soul was so dear to Christ, See, Hist. of the Council of Trent. Lib. 4. prope fin. that he would descend again and suffer on the Cross to gain it. But in the mean time, an Ecclesiastical Uniformity, while it lays but the due restraints upon these things which we have mentioned (according to the divers exigencies and occasions of Countries) is unjustly accused of suppressing the power of Godliness. XVI. The second The Second. of these mediate ends is, in respect to both the Canon and Liturgy distinctly also, (viz.) the obliging men to the public profession, in respect to the Doctrines contained in the Canon, and to the use of the publicly authorized Forms, in respect to the Liturgy: And both these for the procuring of that Peace and Charity, the great medium for the procuring of which such an Unity of profession, and of the use of public worship, Lib: 2. Cap. 7. §. 9, 10, 11, 12. were said to be above; and which Peace and Charity are so beneficial both to Religion and Government, and the consistency of Religion with Government (as was said above also) and so much commanded in Scripture. And it is certain, Lib. 2. Cap. 1. §. 13, 14, 15, 16. that not only an unity of profession, but also a customary use of the very oneness of words and syllables in a Liturgy, is (in the respect which it hath to Humane Nature) promotive of Charity. There is a notable relation in Plutarch to this purpose, concerning a crafty King, De Iside & Osirid. Who guessing at his Enemies the Egyptians, their being too strong for him, if they agreed in their minds and Counsels, and should band together, took this course; He enjoined each Country to worship divers Beasts, which were enemies by Nature, and would pray upon each other. And the effect of it was this, That, Whilst every one defended his Beast, at last it came to pass, that by the enmity of their Beasts, the people themselves at unawares became such enemies one to another, that he easily subdued them. XVII. Last of all, The Third and last. the third and last of these mediate ends of the Canon and Liturgy are, in respect to each of them distinctly also: And that is, in respect to the Canon its restraining men from the open divulging of their Opinions in order to the contesting them; and in respect to the Liturgy, the restraining them from the use of divers sorts of worship; and both these in order to the preventing and removal of contentions, for the preventing of which such a restraint was above assigned to be the only necessary means; Lib. 2. Cap. 7. §. 15. Lib. 2. Cap. 6. §. 9, 10, 11, 12. and which were said to be every ways so hurtful both to Religion and Government, and the consistency of Religion with Government; and so much also forbidden in Scripture. Two appendent Questions resolved. XVIII. Here then come to be debated the several particulars concerning a restraint its being laid upon the use of the Sacred Ordinances of God. We shall only absolve two Questions or Queries concerning them. 1. Concerning the manner of using them in Public. 2. Concerning the simple use of them more privately. The first of them. XIX. First, in what manner in the general they are to be made use of in the public; and what are the circumstances that are to attend such the use of them; and particularly to what degree the use of them is to be extended, (viz.) of what length the ordinary prescript form of Divine Service, and the other Offices in the Liturgy, aught to be; how frequently Preaching or Sermons are to intervene, and be had, either on the more solemn stated Sabbaths, or other Festivals, or on any other the like days of public convening in any Church? Answ. 1. Circumstances, attending the Ordinances of God, and the manner of using them, are ordinarily said to be of two sorts; either natural, or voluntary and instituted. The Natural are only secondarily and dependently so, (i. e.) such as are taken Naturally to cohere with things only in relation to their being, according to the received customs of any Country. The voluntary are those which are instituted more ad libitum; and if they be throughly considered, they rather are to be said to differ only in degree, then in kind (in this matter) from the former: Both because they are supposed to be suitable to the things signified and meant by them, and also because there is always supposed to be a reason for the Humane appointment of whatsoever circumstances shall attend so weighty matters as the Sacred Ordinances of God. 2. The particular ways and manner in which the Ordinances of God (the means of Knowledge and Grace mentioned) are to be used (and as attended with these circumstances) in any Church, are left undetermined in the Divine Law of the Christian Religion. And there are only the general Rules laid down concerning all such things in the external regiment of the Church, (viz.) of doing all things decently and in order, 1 Cor. 14.40. and 26. to edification; of serving God with reverence and Godly fear, and the like. But the modification of these generals, when reduced into particulars, is left to the divers conditions and occasions of particular Churches, pro hic & nunc, and according to present circumstances of affairs. And it was impossible that it should have been left otherwise, considering the diversities of the necessities of Countries every way, and that the Christian Church was intended to be spread over all the world. 3. The putting these matters into form then in every society is left supremely and principally to the Supreme Magistrate: And he hath a right to the doing of it, as he is the person who ought to have the framing of the Ecclesiastical Uniformity in his Society (as was above mentioned) partly by virtue of his Supreme Power over all, and partly by virtue of his indirect power in Spirituals. Vid. Lib. 2. Cap. 10 §. 2. and 4. Hence the diversities of customs and ceremonies attending the Divine Service in divers Churches. Hence the Canonical hours, and the like: Only the Magistrate is to see that his Divines, assisting him, or any others, do take a special care, that according to the general Rules of the Divine Law mentioned, all things be done to the promotion of the welfare both of Religion and Government, and the consistency of each with either in this matter. And it is convenient that there be one only form of using these things (suitable to the other parts of the Ecclesiastical Uniformity) throughout the Prince's Dominions. And it is of great moment, that there be also Uniform Vogues or Voices, made to pass currently amongst the people, concerning the observance of all of them. XX. The second The Second. Question or Query then, is, concerning the simple use of these Ordinances of God more privately, and that in respect to the great matter of the Conventus, or Conventiculi, the lesser meetings in houses or Conventicles, as they are called at this day in England, (viz.) Whether, and how far forth such Convenings are Lawful, and accordingly to be permitted by the Prince in any Society? Answ. 1. In the first place, there is no doubt but that Prayer and Preaching, and the like exercises of Religion, which are made use of in those Conventicles, are in themselves the Ordinances of God. So that that need not to be pleaded for them with so great and popular a cry made amongst the vulgar as it useth to be (and hath been in England) by the supporters of them. 2. But then all the Question, is, concerning the use of them in such a way; whether, when so used, they are to be looked upon as lawfully used, and as continuing to be the Ordinances of God? Truly this case (as all others) is to be judged from the diversities of circumstances attending it. Things in themselves may be good, but by the abuse of them made evil. Things in themselves may be the Ordinances of God; but by the use of them in such or such a way, turned into the Engines of men to work their designs by. It was a case like to this which was disputed against Pope Paul the fifth, by the Reputed Father Paul the Venetian: The State of Venice, See in his Answer to the Bopes Bull. Pag. 12, 13, 14, 15, 16, 17. etc. it seems amongst other things, finding the building of Churches, Monasteries, and the like, at men's pleasure within her Territories, to be inconvenient and dangerous to the Public, because of the multitudes of strangers who did resort to use and inhabit them, and the like; and who were contrary in their customs of Life, and had ends divers from those of the Commonwealth; Upon this the State made a Law, That none should build any of those Religious places without Licence. P. 17. Ibid. And who will not marvel (says Father Paul) to hear it objected against this Law, that to build such Religious Houses, it is in itself no wicked Act? As though a work of its own nature, and in itself good, if it be performed without due circumstances, were not vicious, and did not deserve Chastisement: Not from the Matter or Object only, Ethic. 2. Cap. 6. (says Aristotle) and after him all the Divines) is an action construed, but from the integrity of all the circumstances. The like prohibitions to this also are to be found in all Laws. De operibus publicis, L. opus. Opus novum privato etiam sine Principis Authoritate facere licet, says Macer the Civilian in the old Pandects: That it was lawful for a private man to erect any new work without the leave of the Prince first obtained: But, Praeterquam si ad aemulationem alterius Civitatis pertineat, vel materiam Seditionis praebeat: Only excepting it should perhaps tend to emulation betwixt Cities, or afford matter of Sedition, Novel. 67. in Tit. or the like. And in the Novels of Justinian, in the Title, nullus fabricet Oratorii domos, praeter voluntatem Episcopi, etc. And elsewhere frequently the building of Monastries and Churches, Ibid. Constit. 5. Cap. 1. & alibi. and the like, is forbidden, before Licence obtained from the Bishop, consecrating of the ground by him, and such other things to be performed. C. De sacro sanct. Eccles. L. Quoniam in plerisque Decret. tertia part. distinct. 1. Capit. Lib. 5. l. 229. and 230, etc. And in the Code, the like is the Law of prohibiting any one to make Jesus Christ his Heir, without the observance of due circumstances in it. And, in the body of the Canon Law, the Rubric De Consecratione, in the Decretum, and the like may be viewed. And the like things are to be found in the Laws of Charlemagne, and of others. And, last of all, the like to these cases now is the case of prohibiting Conventicles in any Prince's Dominions. 3. The general Rule than from whence the goodness or evil of the circumstances accompanying them, in this case, is to be judged of, is, their tending either to the hurt or benefit of the Public Charge of the Magistrate: If they tend to the hurt of it, it makes them unlawful; if otherwise, the contrary. And the circumstances accompanying them, may tend so evidently and eminently to the hurt of that charge, that it cannot by any means be preserved without the suppression of them. Let us but weigh the present case in England. Suppose they are kept up in any Society, in a time of Parties or Factions stirring in it. Suppose those Factions only keep them up. Suppose that the very Fame and Repute of those persons who perform the Acts of Praying and Preaching at them do work upon the others who frequent them to be of their Parties; as it will most certainly do, and prevail mightily with the weaker sort of men, although those who are the Orators do not neither so directly or expressly Pray or Preach up their Parties in the mean time. Suppose yet further, that these Parties separate from the Public Ordinances, or National way of Administration of Religion in any Society. Suppose that they have avowedly and openly declared their intents of altering the present Lawful and Established Government, either in Church or State; and so evidently these meetings tend to the public contesting of opinions, and the utter breach of the Peace both in Church and State, and to the overthrow of the present Lawful Established Government in both. Suppose that the Public Magistrate hath had this long experience of them, that they have been kept up for nothing else in the bottom, or by any of the heads of those Parties, and have tended to nothing else. Suppose yet again that they are kept up at the time of the administration of the Public Ordinances. in the Church, and do withdraw men from the partaking in them. Suppose lastly, that upon these and the like considerations they are strictly prohibited by Lawful Authority, and Laws made by it. Certainly these things being weighed, no considerate man will concede such meetings to be lawful, and the prayer and preaching that is used in them to be used in a due way, and to be attended with right circumstances in the use of them. In vain then are the convenings of the Apostles and Primitive Christians in Houses (who had a special command from Heaven (as Abraham had for the sacrificing his Son) for the setting up of the Christian Religion by such ways at that time) alleged for these meetings, and the justification of them; and the case of which is far otherwise, in the circumstances belonging to them. 4. If the case of these meetings than may be so, the Supreme Magistrate is the person who hath the Supreme Right of Judging concerning them, and of laying a restraint upon the use of the Ordinances of God in them: And that by virtue of his indirect power in spirituals. Lib. 3. Cap. ●, §. 14. And what was said above concerning the manner of using spiritual gifts in public; the same is to be said here concerning the simple and more private use of these Ordinances of God in these meetings: That he that shall deny to the Civil Magistrate this his Natural Right of laying a restraint upon them, shall deny to him the means to the end, and leave him destitute of the faculties necessary for the preservation of his public charge, and the welfare of it. 5. Yet however it may be also, that sometimes these meetings may be innocent, nay, promotive of the welfare of Religion: And the Magistrates Government, by his suppressing of them, may inconsist with Religion. And therefore it is, that sometimes they have been permitted by the Laws of Countries: Nec suspecti esse debent caetus proborum hominum, & qui latere non quaerunt nisi cogantur, De Jure Ec●●i. L. 2. Cap. 20, §. 49. says Grotius: That neither yet ought the convenings of honest men to be suspected, and who seek not to lie hid, unless being compelled to it. And, Sacerdotes in quibuslibet aedibus sacrificandi, Deique Arcana enarrandi facultatem habeant, In Novellis Constit. Const. 4. ad fin. says the Emperor Leo: That the Priests should have liberty of offering their Spiritual Sacrifices, and of declaring the secrets of God in any houses whatsoever. And in the Digests, D. de Collegiis. & corporibus, L. 1. Marcianus: Sed Religionis causa (milites) coire non prohibentur, dum tamen per hoc non fiat contra Senatus consultum, quo illicita Collegia arcentur: That Soldiers were not prohibited to come together for the sake of exercise of Religion; yet however while by this nothing was done contrary to the decree of the Senate, by which unlawful meetings were forbidden. And the like other Laws might be recited: But then 6. And lastly, because these meetings do in themselves afford so great and ready an opportunity to Heresiarks and Ringleaders of Sedition to promote their several designs by: And because also, that by reason of the corruptions of men (which will scarce temper themselves from attempting mischievous practices, when such opportunities are afforded) and other the ordinary concomitants of these meetings, they are seldom found to be innocent; therefore it is that all Laws and Advices in Policy (ordinarily) have prohibited them. And that either simply and in themselves, or else as being de facto mischievous to commonweals. So if we will look amongst the Greeks and Romans, the Laws and Counsels of the Christian Church, of the more ancient or modern Ages of it. Amongst the Greeks, Prope fin. first of all Plato, in his Tenth of Laws: Sit autem Lex hujusmodi, says he, simpliciter cunctis imposita; Sacella nemo in privatâ domo habeat: Cum vero animum quis ad sacrificandum induxerit, ad publica sacrificaturus accedat, etc. That there should be some such kind of Law imposed upon all without exception; That none should have any lesser Chapels in any private house: And when any had a mind to offer Sacrifice, that he should go and Sacrifice at the public places of worship. The like Isocrates in his second Oration to Nicocles. Prope fin. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, etc. Make no Fraternities, nor Assemblies, without my Authority: For such kind of conspiracies, as they are of great moment in other sorts of Policies, so in Monarchy they are dangerous. And so others amongst the Romans. Vid. Fragment. 12 Tab. Annex. Cod. Theodos. It is reputed for one of the Actions derived from the Laws of the Ten Tables: Si quis. nox. in. Vrbe. caetus. agitasit. capital. esto: If any man shall gather together Companies by night in the City, let it be a capital offence. And in the body of the Civil Law, Sacra loca ea sunt quae publicè dedicata sunt, F. De Rerum divisione & qualitat. L. 9 ●. 1. and 2. sive in Agro, sive in Civitate sunt, says Ulpian: That those are holy places which are publicly consecrated, whether they be in the Country, or in the City. And, Sciendum est locum publicum tunc sacrum fieri posse, cum princeps eum dedicaverat vel dedicandi dederit potestatem: That we must know that a public place is then made holy, when the Prince hath Consecrated it, or else given power of consecrating it. And again, Divus Severus rescripsit, etiam eos, Ibid. De Offic. Praefecti urb. L. 1. in sin. qui illicitum Collegium cogisse dicuntur, apud praefectum urbis accusandos esse: That the Emperor Severus wrought back, that those that were said to gather together an unlawful Company, were to be accused before the Governor of the City. And after him Cajus, Neque Societas, neque Collegium, Ibid. Quod cuju●que universitatis nomine, vel contra eam agatur. L. 1. De extraordinariis criminibus. L. sub praetextu. neque hujusmodi corpus passim omnibus haberi conceditur: That it was not conceded to all alike to have either a Society, or Company, or any such kind of fellowship incorporate. And again Ulpian, Sub praetextu Religionis, vel sub specie solvendi voti caetus illicitos nec a veteranis temptari oportet: That unlawful meetings, under pretence of Religion, or under the colour of paying vows, were not to be attempted, no not by the old Soldiers themselves. And the like others. In Corp. Jur. Civil. If we look into the Laws and Counsels of the Christian Church, it is the 30th of the Apostolical Canons: Si quis Presbyter, proprium aspernans Episcopum, seorsum Conventicula egerit, etc. deponitur: That if any Priest, despising his own Bishop, should hold Conventicles apart by himself, etc. he should be deposed. And again, Can. 63. Si quis Clericus aut Laicus Synagogum Judaeorum, aut Haereticorum conventiculum ingressus fuerit, ut preces cum illis conjungat, deponitor, & a communione secluditor: That if any either Clerick or Laic should go into a Synagogue of the Jews, or a Conventicle of Heretics, that he might join in prayer together with them, he should be deposed, and, excommunicated. And again, Si quis, etc. cum Judaeis jejunacerit, Can. 69. aut communem festum diem cum ipsis egerit, etc. deponitor, si Laicus a communione segregator: That if any one should fast with the Jews, or celebrate any solemn festival with them, or the like, Vid. C. De summâ Trin. L. nullus, etc. Et, de Episcop. & Cler. l. Conventicula, etc. Et de Hereticis, & Manich. L. Cuncti heretici. Et L. Arriani & Macedonianis, & L. damnato & L. quicunque in hac Sacra Vrbe, etc. Et Novel. Constitut. 67. Cap. 1. etc. Et Constit. 131. Cap 8. & cap. 14. & constit. 132. in praefat. etc. Et Feudor. lib. 2. Tit. 53. etc. Vid. De Cret. Part. 1. Distin. 17. & alibi. Et part. 3. distinct 1. & alibi. he should be deposed, and if he were a Laic, that he should be excommunicated. In the Code and Novels also of Justinian, and the other parts of the new Civil Law, infinite are the particular Laws made against Conventicles. They are called so by way of reproach, they are prohibited under the penalty of forfeiture of the houses in which they were kept, and the like. The body of the Canon Law, we may be sure, concurs with the Civil in this matter: Both in the Decretum, the Extravagants, and other parts of it. And the like Laws are to be found in the Theodosian Code; and the like Canons in Counsels. In the Council of Antioch, the fifth Canon. In that of Laodicea, Canon the 9th. In the fourth of Carthage, Can. 71. and the like. And last of all, the like are the more modern Laws and Constitutions of Countries. Boterus gives the Directions, Quomodo Rebellium conventicula impediantur: How the lesser Convenings of Rebels may be hindered. And, in the Laws of Charlemagne, many are the like provisions made against such kinds of meetings. And in the very Statutes of Geneva, The Captain General shall be diligent (says the Statute) and vigilant over all the Town: He shall gather no assembly suspect, nor make any Conventicle which may be a preparative to Sedition, Tumult, or Mutiny, etc. And again, If any do perceive any manner of practice, Et extravagant. common. Lib. 1. De Treuga et pace prope sin. Et Lib. 3. the reliquin et venerat. Sanctor. Cap. 2. etc. Vide Cod. Theodos. Lib. 16. De Haereticis. Tit. 5. Nullus Haereticis, etc. Vid. Concil. Ancyran. Can. 18. & Concil. Antioch. Can. 5. & Laodic. Can. 9 & Carthag. 4. Can. 71, etc. Apud Carranz. Vid. de Politia illust. lib. 5. Cap. 7. Vid. Capitulare Lib. 5. L. 3. & L. 118. & L. 230. & lib. 6. 101. 198, etc. See the laws and Statutes. p. 22. Of the Office of the Captains, etc. and p. 37. the preservation, etc. See Sir Edw. Turner's Speech to the King, Anno 1664. See the Ecclesiastical Canons, Can. 72. And certain considerations, etc. said to be the Lord Bacon's. p. 29, 30. or conspiracy against the Principality of this City, or against the Word of God, etc. And in the last place, in England, the Speaker of the House of Commons in this present Parliament, in one of his late Speeches to the King, hath called the Conventicles held there, The Seminaries of the Divisions in England. And it was upon the accounts that have been mentioned, that the Meetings heretofore, called Prophesyings in England, were prohibited also by Authority. And thus then for this Second Question. CHAP. IU. Of the inward Unity of Assent, which is supposed to the outward Unity of Profession, and use of Public Worship in an Ecclesiastical Uniformity. I. THe great weight of the things contained in this Chapter. II. The immediate inward Unity of Assent denied to be the kind of assent here to be mentioned. III. Yet there may be such an Unity of Assent in men in part. IU. But yet this is not the kind of it, that is to be fixed upon here, neither. V The Positive stated, and what this kind of such Assent is. VI The Third Notions assigned, in which it is to terminate. VII. The Reasons why it is here to be fixed upon. VIII. Two cautions subjoined to this the fixation of it. IX. The first of them. X. The Second. XI. The conclusion drawn from these things. XII. Two appendent Questions resolved. XIII. The first of them. XIV. The Second. I. THat which is the main drift and scope of this Chapter, The great weight of the things contained in this Chapter. is of great moment towards the pacification and satisfaction of Conscience, in its submission to the Ecclesiastical Laws of Princes, (viz.) the assignation of what kind of assent it is that is supposed to the external profession and use of things, either in respect to matters of Doctrine, An immediate inward unity of assent denied to be the kind of assent here to be mentioned. §. 2, 3, 4, 5, 6, 7. Lib. 2. Cap. 7. §. 9, 11, 12. or Worship and Practise, in an Ecclesiastical Uniformity. II. An immediate inward unity of assent then being denied in the former Chapter, and denied to be that kind of assent in man which was said (above) to be supposed to the External Acts of profession and use of public worship; it is evident that it is not it which is here to be assigned and fixed upon as a sufficient ground for such profession, and use or practise of things. Yet there may be such an unity of assent in men in part. III. But although such an universal inward unity of assent is not ordinarily possible, nor to be expected to be in men; yet however it doth not from thence follow, but that there may be such an unity in them in part (i. e.) in respect to some things, whether matters of belief or practice, and in some notions that they have concerning those things. Things may be perhaps so plainly and particularly expressed, (as is the case of the fundamentals of the Christian Religion) or else there may be the same causes of the same immediate notions of things, co-operating in several persons at the same time, and as to some things. And these things are possible in Nature. But yet this is not the kind of it, that is to be fixed upon here neither. Lib. 2. Cap. 7, §. 8. in fin. IU. But because (as was said above) that such a profession and use of worship was enquired after, as might be an ordinary stated medium for procuring a charitative communion amongst men; and because the assent supposed to both of them ought to be proportionable and adequate to the universality of them both: And because this Unity of assent (here mentioned) is also but partial, either as to things, or persons, and but accidental, either as to those things, or persons, or times, and cases up and down in the world; therefore it is, that this is not the kind of unity of ascent, which is here to be fixed upon neither. The positive stated, and what that kind of such assent is. V So then we come to the positive stating of it; and that is, that the kind of inward unity of assent, which is supposed to the outward unity of profession, and use of public worship in an Ecclesiastical Uniformity in any national Church, is, an inward unity of assent in aliquo tertio, and in some third notions concerning things. The third notions assigned, in which it is to terminate. VI And those third notions then, in which such ascent is to terminate, are, those of the Truth and Lawfulness of things. Of the truth of them, in respect to the Canon of Doctrines, and the matters of Doctrine, which profession of assent is to be made to; And of the lawfulness of them, in respect to the use of the Liturgy, and the matters of Worship and Practise, in the use and practise of which, Lib. 2. cap, 7. §. 12. in fin. such profession of ascent was said (above) to be involved also. And this is all the kind of assent then, which is supposed by Princes to be given by men to their Ecclesiastical Laws (viz.) that they should believe the Doctrines of their National Church to be true, and their Public Worship to be Lawful. And this Concession of Princes is one of the most principal of those derivative Latitudes or Liberties which were said above to belong to private persons in relation to their performance of obedience to the Ecclesiastical Establishments of those Princes, Lib. 2. cap. 11. §. 6. and to be also the derivative rights of those private persons in that matter. And, as to the more particular, and next, and immediate notions, under which those private persons think either of these sorts of things, either Doctrines or Worship, to be so, either true or lawful; Princes meddle not with them, nor look not upon them as in themselves belonging to their Province. VII. The great reason then why this kind of inward assent, The Reason why it is here to be fixed upon. is it which is here thus to be fixed upon, is, because it hath all the properties which such an assent (viz.) as must stand in its place in an Ecclesiastical Uniformity) ought to have; And those are, 1. It permits to men their Liberty of Conscience, and of the ordinary exercise of their judgement of discerning (which were asserted as their primitive Spiritual and Ecclesiastical Rights above) and also their humane necessity of variety in their opinions and immediate notions concerning things, Lib. 2. Cap. 3. §. 2, 3, etc. which hath been above also more than once asserted. 2. It is therefore both lawful, Lib. 2. Cap. 1. §. 7. & Cap. 6. §. 6. Vid. & alibi. as supposed by the Magistrate to the external profession, and also ordinarily and universally possible, in respect to the members of his Society, and the external profession, its being an ordinary stated medium for charity amongst them. And, 3. And lastly, it is therefore also, and as it is so every ways lawful in its self, and ordinarily possible, a ground sufficient, both in respect to God and Conscience, for men's making such an outward profession (of assent) to Doctrines, and for their using the national worship. VIII. This assent then to these third notions of things being that kind of it which men are thus generally supposed to unite in; Two cautions subjoined to this the fixation of it. there are only two cautions here further to be subjoined to this our assignation of it as such: And those are, IX. First of all, The first of them. the first respecting the positive part of an Uniformity, and men's making the external profession mentioned; and that is, That in order to the making of it, they collect rationally and according to the due Rules of Interpretation (laid down hereafter) and not absurdly and carelessly concerning their immediate notions of things. For otherwise, it is trifling with God, Infra Cap. 8. and colluding with Conscience, if men shall not do their duties in this business. X. The second respecting the negative part of an Uniformity, The Second. and men's not injuring the charge of the Magistrate by their opinion-feuds, and breach of the peace by them; and that is also, That although perhaps they may variously differ in their immediate notions which they have of things, yet that they do not in the mean time divulge those their differences however any way to their such breaking of the peace and public contesting of opinions as is mentioned. The Scripture says, Rom. 14.4. To his own Master every man standeth or falleth; and therefore, Who art thou that judgest another man's Servant? And if a man will perform the good and charitable office of instructing others aright, it must be done with Meekness, Love, Humility, and the like; and there is no room here for men's venting their irregular passions, and mistaken zeal, and their calling for fire from Heaven, as the Apostles said Elias did. The conclusion drawn from these things. XI. In the last place then, if the things here mentioned in this Chapter were duly thought upon, and if the use of them were made aright, and as it ought to be in Churches, and according to their variety of occasions, and by all in their several places; How little of that murmuring would there be against Princes and Churchmen, and their Ecclesiastical Laws? How little of that complaining of oppression of conscience, and the like, which is many times so frequent abroad in the world? Two appendent questions resolved. XII. These things then being said, two Questions or Queries appendent to them are here last of all to be resolved: And those are; 1. In relation to the outward acts of profession, and the use of Public Worship, their being regulated by Humane Laws; and where some one or more persons may be supposed to be, who are of such a profession, as is outwardly secluded from being at all made in any Society, and which may perhaps so differ in the kind of it, either more generally or particularly, from the national profession, as that it is contradictorily opposite to it, and so inconsistent with it under any notion whatsoever. 2. The second is, in relation to the defence of the True Faith, and that by contending for it. The first of them. XIII. First then, How far forth the Magistrate may de Jure compel men in the case mentioned, to unite with the national profession? Answ. 1. Negatively, and on the people's part, he may compel them universally and absolutely not to make the contrary profession of any false Religion: And so he may compel them also generally and limitedly, and where his public occasions do require it, not to make the profession of the true Religion to such or such degrees of solemnity: and they are bound to obey, where no special reason obligeth to the contrary, say the Casuists, and all the Divines. And the reasons of these things are evident, both from the Law of Nature, and the Divine Law. From the Law of Nature, because it is not the intent of the true Religion at any time, by the same act of profession more to hurt humane Society then to benefit itself. And from the Divine Law; See Mat. 10.16. to 23. Mat. 12.15, 16. Mat. 14.13 Jo. 10.39, 40. Acts 9.25 etc. 2. Negatively, on the Magistrate's part; he may not compel them in a direct and alsolute sense to the positive act of uniting with the national profession; and that because the concession of such right of compulsion in him, includes concession of Sin: And they ought not neither to be compelled by him, either where the national Religion is false, and so the act of profession of it is sinful in its self, or elsewhere it is against Conscience with them, and so that act is sinful by accident: And therefore the Primitive Counsels of the Christian Church enjoined repentance and other spiritual punishments in the case of Sacrificing to Idols, eating in their Temples, and the like, and that whether through compulsion or otherwise: So the Ancyran Counsels, Can. 8. and Can. 1, 2, 3, 4, 5, 6, 7, Concil. Ancyran. apud Carranz. Vid. and so others. 3. And Lastly, and positively, in respect to both the Magistrate and the People: But yet the Magistrate, on his part, may compel them on their part, in an elective and relative sense (i. e.) either to change the soil, or suffer present penalties, even to Martyrdom, and death itself, Lib. 1. Cap. 1. §. 8. if he see cause (as was above in the beginning of this discourse employed) or else to unite with the National Profession. And this is practised, and hath ever been in all Societies, and is a Right necessary to the support of the welfare of the Magistrates Charge, and belongs to him by virtue of his Supreme Power over all; and both by the Law Natural and Divine; by the first primarily and fundamentally; and by the second, secondarily, and by consent: And that also because it is the only natural way for securing the Magistrates Charge, there being no room for any effect to be expected from Church censures in this Case. Quid Ecclesia? says Beza, Nempe ex verbo Dei, De Haereticis magistratu puniend. Arg. 1. In confirm. propros. Quaest. si infaelix ille corrigi alia ratione non potuerit; Satanae eum tradet, ut discat non blasphemare. Ille contra sese libens, & ultro ab Ecclesia sejunget. Esto igitur in Ecclesia Magistratus Christianus. What can the Church do (viz.) according to the direction of the Word of God, if that unhappy person may not be otherwise amended? it will deliver him to Satan, that he may learn not to blaspheme. He on the contrary willingly, and of his own accord, will separate himself from the Church. Let there be therefore in the Church a Christian Magistrate. XIV. The second The Second. Question or Query, is, How far forth the Faith once delivered to the Church ought to be contended for? Answ. 1. The terms of the question, suppose it to be the Faith indeed, which is contended for; for else it is in itself either thankless, or sinful, to contend for it. 2. This Question is to be determined according to the more general determination of the lawfulness or unlawfulness of Religious Contests above stated: And that is, Lib. 2. Cap. 1. §. 4. so far forth as it doth make to the hurt of any part of the charge of the Magistrate; and that either simply or comparatively, it ought not to be contended for. And the Reasons for this are evident (viz.) because the Christian Religion is not supposed to command any thing as a duty, which may render either it hurtful to itself, or else to Humane Society. 3. And Lastly: The affirmitive then is employed in this Negative; That so far forth as it makes to the benefit of the Magistrates Charge, it may and aught to be contended for. And these general Rules are to be applied to all particular cases. But yet because all public contentions are ordinarily dangerous, and men do seldom proceed regularly, and as they ought to do, in these Religious Contests; therefore it is that, both in their venting and managing of them, they do use to be the more narrowly watched over by the Laws of all Ecclesiastical Uniformities. CHAP. V. How the Canon and Liturgy ought to be Composed, in order to their answering to their General Ends. I. A Due care ought to be taken in the composing of the Canon and Liturgy, in order to their serving their general ends. II. The first Rule to be observed in it, as to the matter of them. III. The Second. iv The first also to be observed, as to the manner of the composing of them; and that in order to their being true and lawful. V The Second. VI The case concerning the Princes having power of prohibiting Heretical Synods determined. VII. The first Rule to be observed in the composing the Canon and Liturgy, in relation to the number of Doctrines, or sub-alternate kinds of forms which they consist of. VIII The Second. IX. The last Rule to be observed in the Composition of this the Canon and Liturgy. I. THe Canon of Doctrines and Liturgy, A due care ought to be taken in the composing of the Canon & Liturgy, in order to their serving to their general ends. being of so great moment as hath been mentioned; it cannot be thought but that a due and proportionable care ought to be taken in the composing of them: And that both as to the matter and manner of their composition: And as to both, in relation to their serving to their general ends. And what those Rules are then that are requisite to be observed in the composition of them accordingly, we come here to describe. II. And because the third notions of True and Lawful, The first Rule to be observed in it, as to the matter of them. are those under which the national assent is supposed to be given to them; Therefore that is the first Rule that is to be observed as to the matter of them, That all due care be taken, that the Doctrines of the Canon be true, and that the forms of the Liturgy be lawful to be used. And this principally for Religion's sake, and either as to the procuring or preservation of the welfare of it. The Second. III. As to the quantity and number of Doctrines that is to be comprehended in the Canon, it ought to be regulated according to the occasions of Churches; as hath been hinted sometimes heretofore: And that because, the public good, and the welfare of the charge of the Magistrate, being the last and general end of the whole Uniformity itself, and of all instruments of it whatsoever; it must of necessity follow, that the occasions of it are to be served by the Canon in this matter. And the occasions of Churches relating to the whole charge of the Magistrate are either common and ordinary; and in Answer to them, a number of Doctrines sufficient for the ordinary preservation of the welfare of that charge should be set forth in the Canon: Or else they are special and extraordinary; and then the special cases are also severally to be respected. And the like to this also, Mutatis mutandis, is to be said concerning the matter of the Liturgy, either as to the quantity, or subalternate and subordinate kinds of it. And whether it consist most either of Prayers, Hymns, Creeds, Lessons, or the like. The first also to be observed, as to the manner of the composing of them, and that in order to their being true and lawful. iv We come then next to the manner of the composing these two grand instruments of an Uniformity; and in relation to that, first of all, in order to the Canon and Liturgy, their being true and lawful. And the first Rule to be observed as to that, is, That they be regulated by Scripture: And by it, either as to the positive or natural laws of God contained in it: And as to either of them, either by what is expressed in it, or else only employed and deduced by right reason, and rational collection from it. And thus both of them are to be regulated, both as to the nature of the terms (whether more general or particular) that things are expressed in, or else as to the sense or importance of them, where divers Texts and Phrases concerning the same things contribute necessarily and mutually (like candles) to the lightning one another. And so also, as to the phrase and style in which things are expressed, both in the Canon and Liturgy. In the forming of which a great deal of knowledge and wisdom, and prudence is to be made use of, according to the diversities of the occasions of Churches and Countries (I mean principally as to the Liturgy) and the like. The Second. V The ordinary way then for the accomplishing these and all such things, is, By the making use of a Synod of Divines; which because it is the last way of finding out truth in this world in matters of Religion; therefore nature directs to the use of it (i. e.) generally and ordinarily, and where there is not some special and present reason against it in any Prince's Dominions. And this hath always ordinarily been the way used for the accomplishing such matters in all Ages of the Christian Church, and in all Times and Countries down along the Ages of the world. Innumerable examples might be given of it: And this Synod of Divines hath thus in the general, and as such, an antecedent and natural right more properly to the handling of such matters before they are convened: And also such a subsequent right, both upon that account, and also more determinately and particularly, by virtue of the power convening them, when they are so convened. And upon these and the like accounts it is, that the use of them ordinarily hath been established, and asserted by the Civil Laws of Countries: and that they, when sitting, have been accounted as the Church National representative (as in England, and according to the Laws and Ecclesiastical Constitutions of that Country, although their consultations nevertheless are not laid as Laws upon the People, unless first approved of in Parliament, and stamped as such with the Royal Assent;) and therefore it is usual also for the Prince, either by himself alone, or else together with some of the Representatives of his other Estates, to come into conjunction with them; and that they and he be both of them conjunctly called by the same name of the Church, (viz.) the Church National Representative. And it is profitable for Societies that it be so (i. e.) that their Ecclesiastical Constitutions (and whether purely or only mixedly such) may come under the more sacred notion to the people, and so have the better obedience performed to them: Neither hath this any thing of dolus malus in it of itself, and so long as the constitutions mentioned are lawful. In the mean time the Rights of the Prince, in relation to this Synod, are always, and in every National Church to be preserved: and that more particularly for the sake of the consistency of Religion with Government. And the Prince hath the Right; 1. Of convening them. 2. Of governing them and their actions, when sitting; whether it be negatively in respect to them, and so as that they shall not do any thing prejudicial to the welfare of his charge; or else positively as to him, and so as that the validity of that which they shall do, and which it shall have from any Humane Authority in the National Church, shall be by virtue ultimately only of his approbation of it. And then, Thirdly and Lastly, he hath the right also of dismissing and dissolving them, when he sees occasion. And these Rights and Powers of Princes are dictated by nature, Lib. 2 Cap. 11: §. 2. and 4. and are some of the more particular rights (above mentioned) which belong to them for the retaining of their more general right of the framing an Uniformity, Vid. Exord. ad Concil. Agathens. Synod● Chalcedon. Action: 1. & Tolet. quarti exord. & Nicaen. 2. Exord. Et Concil. Milev. Can. 11. & Constantinop. s●xti generalis action. 1. & Agathens. Can. 40. etc. Et Milev. Can. 11. apud Carranz. etc. See the Government & order of the Church of Scotland; Printed, An. MDCXLI. p. 146. etc. p. 56. etc. p. 66. etc. in quarto. And the 1. Admonition. Paragraph. Let us come now to the third part, etc. Et deinceps. And second Admoni. 1. 7, 8, 9, 10, etc. & 14. 29, 44, 46, 47, etc. & alibi. And the late Assemblies Confession of Faith, Edit. 51. Cap. 3. & alibi. Polit. Lib. 3. in princip. Vid. de Legib. Dial. 12. prope fin. & alibi. and have been always really exercised by them in the Christian Church, as is to be seen in the Sessions of the several Counsels, and in the relations given of them by the Ecclesiastical Histories, and the like: And the exercise of them is necessary for the securing of their Public charge. The usurpations then of the Triple Crown in this business are evidently unjust: And so are those of the Scotch and English Presbytery also, who in their desired Government and Order of their Churches, in their Admonitions to the Parliament, in their Confession of Faith, and elsewhere, have claimed the powers mentioned, as due to them in like manner. And the thus claiming these powers directly tends to the Ecclesiastical persons possessing the Supremacy, and converting into a Pope. Last of all, if the Prince at any time shall see cause to consult with such as are not Ecclesiastical persons about Ecclesiastical matters; those persons ought to be such as are of sufficient and fitting abilities for the deliberating upon such sacred and weighty matters: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: For as it behoves a Physician to give an account in matters of physic amongst physicians; so doth it behoove others also to do the like in the like things of their profession, says Aristotle. And Plato in his Common-weal, would have a Sanctius Collegium, Some more venerable convention of persons of integrity and knowledge, and experience, and age, and none less than thirty years old, for the defence and safe-guarding even of his common and ordinary laws. VI The Case then concerning the Princes having power of prohibiting Heretical Synods, is from hence easily to be determined: For if they shall have a right of sitting, and of making what Constitutions they please, and of framing what Doctrines they please, and the like; (although they are not under the notion of having public Authority on their side) yet if they shall but make use of the immortal notion of Religion any way for the persuading men of the truth and goodness of these things, and shall be left at liberty to do it; Who is there amongst Princes that shall be able to stand, or to secure the welfare of any part of his charge in the mean time? Wherefore the Magistrates Right of prohibiting and suppressing these conventions of men is in the same manner dictated by Nature, as we said of the rights of ordering his own National Synod just now. The case concerning the Princes having power of prohibiting Heretical Synods determined. And it belongs to him partly by virtue of his indirect power in Spirituals, and partly by virtue of his Supreme Power over all. And in the strain of these things run the Imperial Laws. Haeretici synacteria, seu collectas facere non possunt, aut parasynaxes, aut Synodos, aut ordinationes, aut baptismata, aut exarchos habere, aut paternitates, seu abatias, aut defensiones instituere, aut curare seu administrare villas, per seipsos, aut per interpositas personas, aut quid probibitorum facere: Qui transgressus haec fuerit ultimum supplicium luit, C. de Haeret. & Manichae. L. Haeretici Synacteria. says the Emperor Justinus: That, Heretics could not make gatherings together, or collections, or have conventions, or synods, or ordinations, or baptisms, or precedents over them, or institute paternities, or abacies, or defensions of Societies, or take care of, or administer the Government of Towns, either by themselves or by others, or do any of those things which were prohibited them: and he which did transgress these things was to suffer death. And again, Haeretici, communicantes, aut synaxes, aut baptismata facientes, puniuntur ut qui Leges transgrediuntur: & qui domos ipsi● ad hoc praebent, jam sancitis paenis subjiciuntur: Soli Orthodoxi, intra sacra septa habentes Ergasteria, utuntur privilegiis: That Heretics, C. Eodem L. Haeretici Communicantes. either communicating or making Assemblies or Baptisms, were punished as those who did transgress the Laws: And those who did afford them houses for those ends, were subjected to the established punishments: And only those who were Oxthodox, and had their places of commerce within the due bounds, did enjoy the privileges, and the like. And last of all, if it be asked here, which are Haeretical Synods? Truly that must of necessity, from his right of prohibiting them, be left to the Supreme Magistrate in every Country to determine. And although it be from the connotation of the terms, that that Synod only is in itself Heretical, which any ways tends to the promoting of Heresy; yet the Chief Magistrate ordinarily determines every Synod to be so, which he judges to be so, and which in such a way (as he deemeth) separates from his national Church. And it cannot be helped, but that it must be so: Neither, rebus sic stantibus, and as things stand in the world, is there any other temper, or general fixation to be found out for the Governors of Humane Societies in this business? And the Universal Government of them, and the Supreme swaying of their affairs in the mean time, is to be left to the Divine Providence, to order it as it shall please; and men are to acquiesce in a due manner under them, and with prayers and supplications for them. VII. We come then next to the Rules to be observed in the manner of composing the Canon and Liturgy, The first Rule to be observed in the composing the Canon and Liturgy, in relation to the number of doctrines, or subalternate kinds of forms which they consist of. which relate to the number of Doctrines, or subalternate kinds of forms, which they are to consist of: And the first of them is, That the Magistrates and Church's Power of enjoining indifferent things (as adjuncts of public Worship, and Rites and customary Ceremonies peculiar to such or such a National Church) be conceded to them: And that in relation to the welfare both of Religion and Government; and therefore it ought accordingly to be conceded to them: That they may assert them, or propound and enjoin them to be used, either in the Canon or Liturgy in either of their capacities. And this right belongs to the Magistrate, and Church National representative made use of by him in either of those ways which we have mentioned; and is one of the more particular rights belonging to the Magistrate Supremely, and in his way, for the support of his more general right of the framing his Uniformity. And the Magistrate hath always, and in all Churches retained this right, and that in the latitude of it, and in both its parts, both that of prohibiting, as well as of enjoining such and such things to be used, as the adjuncts of Divine Worship. So amongst the Romans, It is recorded as one of the Laws of the twelve Tables. Mulieres. Genas. ne. radunto. faciem. ne. carpunto. neve. lesum. funeris. ergo. habento. In fragment. 12. Tab. propo fin. Let not the Women cut their cheeks, nor tear their face, nor make the prohibited lamentation at funerals: The same things which were forbidden, upon somewhat more particular accounts, by Moses his Law before. The like constitutions about sacred things are to be found amongst the Turks at this day. Prope Med. C. 1566. Prope Med. 98. & alibi. De turcarum ritu, etc. Capit. Let Leunclavius in his Supplimentum Annalium, in his Pandects Historiae Turcicae, Georgieviz, and others be looked into. And those that do not constitute an Uniformity in these things in their Churches, it must needs be acknowledged that they leave the people more open to the contesting of them upon any occasion, and that they observe not so good order, and so congruous to Humane Nature in matters of Religion, as those that do otherwise. Chap 3. Of the Lord's Supper. So in the Corpus Disciplinae, where it is said to be left free to every one, either to stand, go, or sit, at the receiving of the Lords Supper. And as to those Magistrates that do not at all actually exercise this right of theirs; let them take heed, that in the mean time they do not in effect, and in the esteem of the people lose it: And that, in the end, it do not come to be positively denied them. In the interim, Ceremonies or customary adjuncts of Divine Worship are of diverts sorts in any National Church. They are either ordinary, or extraordinary; they are either more or less pompous, and accompanied with outward splendour; they are either traditional, and merely customary, or else established by written Law, and the like. And concerning the customary ones, those Rules and Responses of the Law are to be observed in all Churches both pro & con (viz.) Quod initio vitiosum est, F. De Reg. jur. Reg. 28. F. de legibus & Senatus Consult. Lib. 13. & eodem. L. 32. non potest tracta temporis convalescere: That that which was faulty at first, cannot by any tract of time get force. And, Quod vero contra rationem juris receptum est, non est producendum ad consequentiam: That, that which is received against the mind of the Law, is not to be brought into consequence. And, Diuturna consuetudo, pro Jure & Lege, in iis quae non ex scripto descendunt, observari solet: That a continued custom, in those things which are not from written Law, is wont to be observed as Right and Law. Of what sort soever these ceremonies be then, the due Rules belonging to the adjoining them to the Divine Worship, ought also to be observed in such the adjunction of them: And those are either more general, or more particular; the more general are, That the quantity and number of them do not exceed, Lib. 2. Cap. 9 §. 7. which was reprehended as an extreme in an Ecclesiastical Uniformity above: That they be not constituted as parts of worship, neither by assertion, nor in effect. That they be grave, and according to the weight of those holy things which they accompany. That they be suitable to the several and particular applications of them, and the like. And the more particular Rules are to be varied according to the several, either stated or emergent occasions of Churches. Finally, both the more general and more particular are all of them to be measured by this one most general Rule, and that is, That they be no ways prejudicial to any part of the Magistrates charge, either to Religion or Government, or their mutual consistency. And these are the Rules which all Churches ought to proceed by, and which the Christian Churches profess to proceed by in this business. So those late called Reform, in their several Confessions. In the latter Helvetian; Proinde Judaismum videmur reducere aut restituere, Sectione 17. de ritibus, Ceremoniis, & mediis. In Helvetica Posteriore. si in Ecclesia, ad morem veteris Ecclesiae, Caeremonias Ritusve multiplicaremus, etc. We seem then to reduce and bring back Judaisme again, if in the Church, according to the manner of the ancient Church, we should multiply Ceremonies or Religious Rites. So also the Bohemian: Ibid. in Bohemica. Omnino autem cum hac cautione servare ea oportet, intraque has metas continere, ne pro fundamentis quibus salus nitatur, aut pro cultu, qui a Deo sine ullo discrimine constitutus sit, habeantur. Neve magis aut arctius quam mandata Dei conscientias hominum obstringant, & his ●e se efferendo praeferant, etc. But it behoves us to observe those things in any wise, with this caution, and to contain them within these bounds, (viz.) That they be not accounted fundamentals upon which salvation depends, or for worship, which without any difference is constituted by God, nor that they do not bind the Consciences of men more and more strictly than the Commands of God, and lift themselves up above them. And the like the others, and the other Christian Churches (even that of Rome also) in their several ways, and under their different notions. In the Preface. And the present Church of England in its Prefatories to the Liturgy; The particular forms of Divine Worship, and the Rites and Ceremonies appointed to be used therein, being things in their own nature indifferent and alterable, and so acknowledged; it is but reasonable, that upon weighty and important considerations, according to the various exigency of times and occasions, such changes and alterations should be made therein, as to those that are in place of Authority should from time to time seem either necessary or expedient. And again, Vid. Of Ceremonies, why some be abolished, and some retained. Ibid. Some Ceremonies are put away, because the great excess and multitude of them hath so increased, etc. And afterwards, and moreover the other which remain be neither dark nor dumb Ceremonies, but are so set forth, that every man may understand what they do mean, and to what use they do serve: and the like. In the next place then, the ends for which these Ceremonies and Circumstances attending the Public Worship are usually, and aught to be appointed, are evident, both from Scripture and otherwise. In the Scripture the direction is given, that all things that are done in men's external deportment in the Church, be done to edification, and decently, and in order, and the like. The meaning of it is, to the welfare of the public charge of the Magistrate, in all the parts of it, primarily those of Religion and Government simply taken. And the same reasons, either more generally or particularly are assigned, for the constitution of such Ceremonies and external actions to be used, up and down in the humane writings of the several Christian Churches: So, the Roman Rationales; Ecclesia utitur caeremoniis, non quod in his externis (si desit spiritus) fiduciam reponi velit; sed utitur caeremoniis velut quibusdam visibilibus signis, In novo Rationale. Lib. 2. Cap. 6. in princip. & stimulis Religionis non coniemnendis, says De Rubeis; That the Church useth Ceremonies, not that it would have any confidence to be put in these external things, if the spirit be wanting to them: But it useth Ceremonies as certain visible signs and spurs to Religion, Ibid. paulo ante. which are not to be contemned. And a little before: Sunt quaedam solemnitates, quae adhibentur in sacramentorum administratione, qui alio nomine dicuntur Caeremoniae: That there are certain solemnities which are made use of in the Administration of the Sacraments, which by another name are called Ceremonies. And again afterwards, Ibid. Ecclesia accendit in Templis Caereos & Luminaria, ut admoneat, Christum veram lucem, seu Evangelii splendore omnes tenebras effugâsse, in qua luce sit nobis perpetuo tenore inambulandum: That the Church lighteth candles in the places of Divine Worship and Luminaries, that it may admonish, that Christ the true Light, by the splendour of his Gospel, hath chased away all darkness, in which light and splendour we ought perpetually to walk. And afterwards also; Ibid. Etiam postea. Amplius ait Concl. & Catechism. (meaning the Council of Trent, and the Catechismus ad Parochos) locis citatis, esse necessarium cognoscere ritus & illorum significationem, ratione quadam, scilicet, quia magna erit utilitas Caeremoniarum, si earum significatio non ignoretur: That the Council and Catechism, in the places cited, says, that it is necessary to know the Holy Rites, and their signification in some manner, (viz.) because great will be the profit of the Ceremonies, if their signification be not unknown▪ and the like others. And the like also the Confessions of the Reformed Churches: So the former Helvetian, Quae media vocantur & sunt proprie, Sect. 17. De ritibus & Caeremon. & med. In Helvet. priore. iis uti vir pius quanquam libere, ubique & semper potest; tamen scienter & ex charitate, nempe ad gloriam Dei, & ad Ecclesiae proximorumque aedificationem omnibus utetur solum: That a Godly man may use those things which are called indifferent, and are properly so, although in all times and places freely; but yet however he must use them intelligently, & out of charity, (viz.) to the glory of God, and the edification of the Church and his neighbours only. So also that of Bohemia: In Bohemica, Ibid. Sed tantum pro ornamento, Decore, honestaque spccie, & laudabili Disciplinâ habeantur: But let them be accounted only for an ornament, Et in Gallicâ. for decency, and an honest show, and commendable Discipline and order. And so the French Confession; Et eas tantum admittimus, quae fovendae Concordiae, & unicuique in obedientia debita retinendo subservient: And we admit only those which serve to the cherishing of concord, and to the retaining of every one in due obedience. Et in Anglica, Ibid. Etiam. And so the English, De multitudine otiosarum Caeremoniarum scimus Augustinum graviter suo tempore conquestum esse, etc. Retinemus tamen & colimus non tantum ea quae scimus tradita fuisse ab Apostolis, sed etiam alia quaedam quae nobis videbantur sine Ecclesiae incommodo ferri posse, etc. We know that St. Augustine in his time did grievously complain of the multitude of idle Ceremonies; but yet we retain and practise not only those things which we know were delivered by the Apostles, but also certain other things which did seem to us, that they might be constituted without any damage to the Church, because we desire all things to be done in the Church (as Paul says) decently and in order: But all those things which we saw to be either very superstitious, or frigid, or uncomely, or ridiculous, or contrary to the Holy Scriptures, or else unworthy of sober men (of which sorts there are an infinite at this day in the Popedom) we have utterly and without any exception rejected, because we will not have the worship of God to be defiled any longer with such kind of toys. And the like the other confessions. And there is no doubt but that an Uniformity in these things will conduce to order, nor but that the people's exercising themselves intelligently in their practice and use of them will put them in mind of the obedience they own to Discipline and Government; Nor but that their stirring up men, in a common moral way (suitable to their Humane Institution, and according to the several intentions of their divers significations) will conduce to edification, and the like. Other things might be said concerning them. In the interim, Pro. See Dr. Mortons' Defence, worthy to be read. Con. The Reply to it, both parts. Pro. Dr. Burges his rejoinder, in answer to that. Con. Dr. Ames his fresh suit, in answer to that. Also, Altar Damascenum. The English, Popish Ceremonies, said to be Gellespies, etc. See, the Conference at Hampton Court by Dr. Barlow. p. 70, 71. the controversy concerning these matters in the Church of England hath been largely handled and debated; and that by the first undertakers of it in the main; their Books are to be seen both Pro & Con: but whosoever will read them, let them weigh things on both sides, according to the Laws and Rules of an Ecclesiastical Uniformity here laid down, and in a due manner; and then he will have afforded the Church her due. In the mean time, the Church is not worthy of blame for being tender of her Authority in this matter. In the conference at Hampton Court, when the impeachment of Christian Liberty was urged against the imposition of these things in England; King James was much moved, and told the Opponent, That he would not argue that point with him, but answer therein as Kings are wont to speak in Parliament; Le Roy S'aviserá: Adding withal, That it smelled very rankly of Anabaptism, etc. And therefore charged him never to speak more in that point; how far he was bound to obey, when the Church had ordained Laws. Last of all, such Ceremonies or circumstances attending Divine Worship may, by some advenient or extrinsical reasons, and in some particular cases, be made more or less particularly requisite to the support of the welfare of any part of the charge of the Magistrate in any National Church; which is the case of the Church of England at present, in respect to the continuation of the use of her Established Ceremonies: And hath been heretofore, both on that and the other part of these things, in many other Churches. The Second. VIII. We come to the second Rule then to be observed also in this business concerning the Canon and Liturgy: And that is, That the Magistrates and Churches Right of asserting their due and Established Church Government be also conceded to them: And, that whether that Government be either of a later or more ancient date, as to the actual erection of it in any National Church. And this is a Right ordinarily of necessity belonging to the Supreme Magistrate for the support of his Government in the State. And by the Church Government in any Society, we do not mean here only the substance of it, but also the way and manner in which it is exercised; for by it it is, that it useth to be more exactly fitted in all Societies to the Government in the State. And ftom thence it follows, that a change in this matter in the Church ordinarily is not without a change in the State; Many instances might be given in which it hath been so: And then much more also will a change in the substance of it make a change in the State. King James at his first coming into England, did often recite that saying, No Bishop No King. And in the Conference at Hampton Court, he vouched it from his own experience that he had of the Presbyterial Government in Scotland, and that which was endeavoured to be established there, See the Conference at Hampton Court. p. 4. p. 20. That the Sovereignty of a Prince could not consist with it. He said, that in Scotland he was a King without State, and that he was kept as a Ward by the Puritans there: That he was without Honour, without Order, and braved to his face by every beardless Boy of the Ministers. That if the same Presbytery that was in Scotland should come into England, it would agree as well with Monarchy as God with the Devil: And then Jack, and Tom, and Will, and Dick, said he (meaning the Lay Elders of the Consistories, p. 79. even in very pitiful Country Parish) shall meet, and at their pleasures censure me and my Council and all our proceed. Then Will shall stand up and say, it shall be thus; Then Dick shall reply and say, No marry, But we will have it thus; And therefore here, said he, I must once again reiterate my former Speech, Le Roy S'avisevá, Stay I pray you for one seven years before you demand that of me. It is not for no cause then that the bringing in of this Government hath been so much opposed by the late Kings of England, See the first & second Admonitions; and a Directory of Church Government, found in the study of Mr. Cartwright. And the reformation of Discipline, &c used in the Engl. Church at Geneva. who are bound both to God and their People, and as their Established Government is both their Right and their Charge, not to part with those Rights with which God hath invested them for the common welfare; and especially since the Government endeavoured would turn their Sceptre into a straw, and the hand that wields it, into the hand of a child. Let the form of the Government, as it hath been published under several hands be consulted: Let its parity of Ministers; it's deferring particular affairs of Congregations to the wild body of the People in them (but the Ministers having a superintendency over them in the mean time) be considered of, and whither these and the like things do tend. The common saying is, to the setting up of a Pope in every Parish. And the Government & order of the Church of Scotland. And Ley's Platform of the Government, called Presbyterial. And the form of Church government agreed upon by the Lords and Commons, An. 1648 compared with certain considerations and cautions agreed upon by the Ministers of Lond. and Westminst. See the discipline of the Dutch Churches, and the Laws and Statutes, etc. See Pro. Dr. Whitgift's Answer to the Admonition to the Parliament. Con Cartwright's reply made to him. Pro. Dr. whitgift's Defence of his Answer. Con. Mr. Cartwrite's second reply to it. Pro. The Bp. of Rochester's Sermon concerning the Antiquity & superiority of Bps. at Hampton Court, and the perpetual Government of the Church, by Tho. Bilson; and Bp. Hall's Episcopacy by Divine Right. And Episcopacy asserted by Jer. Taylor, etc. Con. Bayne's Diocesan's Trial, and assertion of the Government of the Church of Scotland, Edit. 1641. And the Lord Brook against Episcopacy, 42. And rutherford's Plea for Paul's Presbytery, 42. etc. C. De Legib. & constitutionibus. L. qui Imperatore. D. De receipt. Arbitris. L. non distinguimus, ¶ Sacerdotio obveniente, ubi Paulus. And then, by that, opportunity will be given (the weaknesses of some men, and the corruptions of others being considered) to those who by wit and cunning can outstrip the rest, to divide the Empire amongst them: And whither such Latitudes and Confusions may tend in the end, who can foresee? The Magistrates hands being manacled, and the Ecclesiastical person being so independent upon him; they that can outstrip the rest, may turn into a Conclave; and he that can outstrip them, into an Universal Pope at last, if he will. If the instances of Presbytery practised in other Countries, be made against these things, and how they have consisted with the State; it is evident that there are none such practised, neither in the Low Countries, nor at Geneva, nor elsewhere, as in the particulars up and down in this Discourse mentioned have been proposed for England. And yet not any one of the patterns for England hath attained the general liking of its friends neither. And then what will be the end of these things, who can foresee? Last of all, as to the present established Episcopacy in England; the controversy concerning it, as well as that concerning the Ceremonies, hath been also largely handled: The many writings both Pro & Con concerning it may be seen. And so far forth as the order and office of Episcopacy in the general is concerned in this Discourse, and an Ecclesiastical Uniformity, as we have spoken of it heretofore, so also we shall speak of it hereafter. And if the concession of Baronies to the persons of those that discharge the Episcopal function in England be thought much of, what reason is there why the King should not have his Churchmen and the Clergy their part in Parliament? And this also, the particular constitution of the Government of England being considered. The Emperor Leo in the Civil Law, calls the Superior Clergymen, Ecclesiae Defensores; The Defenders of the Church. And all Laws and Countries have ordinarily ever privileged Churchmen beyond others, if it were but for God's sake (to whose Service they are more particularly devoted) and for the Honour of Religion's sake, which ought always to be supported. Sacerdotio obveniente, says Paulus in his Digests, Videamus an cogatur arbiter sententiam dicere: Id enim non tantum honori personarum, sed & Majestati Dei indulgetur, cujus sacris vacare Sacerdotes oportet: The Priesthood coming in the way, let us see whether the Umpire be constrained to pronounce Sentence: For that is not only indulged to the Honour of their persons, but also to the Majesty of God, whose service it behoves the Priests to be at leisure for. And it was Padre Paulo's complaint concerning the Affairs of Venice, That the Common Wealth, See the History of the Inquisition, Cap. 28. See Hist. of the Counc. of Trent, Fol. 721. as well as other Catholic Kingdoms, found itself between two Contraries; the Protestants, who had no other aim but to diminish Ecclesiastical Authority; and the Court of Rome, which would too much increase it, and make the Temporal her Servant. In the last place, as to those in any Society whatsoever, that cry out in these latter times, to have every punctilio in the mode of the exercise of Church Government reduced to what they do at uncertainties fancy to have been heretofore Apostolical; they are to be answered as Laynez in the Tridentine Council, answered, perhaps truly, concerning some things in the Court of Rome; That many did call those things abuses, which if they were examined and sounded to the bottom, would be found to be either necessary or profitable; And that some would make the Sea of Rome to be as it was in the time of the Apostles and the Primitive Church, without distinguishing the times, not knowing what doth belong to those, and what to these. And, in the mean time, he that will weigh the temper and manner of exercise of the Government in any Church; let him remember also to do it, according to the just Laws and Rules of an Ecclesiastical Uniformity. The last Rule to be observed in the composition of this the Canon and Liturgy. IX. These things then being said, we come to the last Rule to be observed in the composition of the Canon and Liturgy, which have been all along hitherto mentioned; And that is, That the Magistrate have the last act of supervising them, and passing them, (viz.) by his Legislative power, or under his Great Seal, or the like. And this both from his general right to the framing his Uniformity in the positive part of it, and also from his right of restraint upon opinions, which is consequent upon it, and hath been heretofore mentioned. And this also in order to the preservation of the welfare both of Religion and Government, Lib. 2. Cap. 7. §. 15. & alibi. and the consistency of Religion with Government; of each of them in their several respects, and so far forth as either absolute or relative welfare may be concerned in this business of the Canon and Liturgy, and when they shall be supposed to be extant. And this hath been pointed at as an act of Authority in the Magistrate heretofore; Lib. 3. Cap. 3. §. 15. but it is meant here principally as an act of caution: not but that any other Doctrines, which are not particularly and expressly mentioned in the Canon (so long only as they be according to the tenor of it) may be ordinarily taught to the people: but only the principal points of caution are, both positively, that the Doctrines expressed in the Canon should be true; and also negatively, that none alien from them, or contradictory to them, should be so taught to the people. And the like also are the respects that this cautionary act hath to the Liturgy: not that it absolutely and universally excludes the use of any other forms or ways of worship, then what are set down expressly in the stated body and volume of the Liturgy, (only so they be according to the intent and tenor of them) but only that it intends positively to see that those set down in the Liturgy be lawful; and negatively, that none any ways detracting from them, or utterly contradictory to them, be used in public. And this then being the last act of the Magistrate in the framing his Uniformity, it presupposeth all former acts requisite in order to it, and supposeth comprehensively its passing thus upon all the matters of the Uniformity mentioned. And this not only for the several reasons which have been more particularly and topically mentioned heretofore; but also because, there being many in all Societies (and such as ever will be) whose both opinions and practices in Religion will be always brute, and led only by custom; better it were that both their doctrines and worship should be thus provided for them and secured (as far forth as humane condition in this world will permit) then that they should be otherwise left open to the seduction of Heretics, and the wild and pernicious ways of the several sorts of deceivers. And as to others, who are led by reason, there is still room for the exercise of their judgement of discerning in relation to all these things in the mean time. CHAP. VI What are the Uses that are to be made of the Canon and Liturgy by the Members of any National Church. I. THe Church and Magistrates Aims in the Canon and Liturgy downwards described. II. The manner in which the People are to make use of them. III. The first particular kind of use to be made of them. iv The Second. V The Third. VI The Fourth. VII. The Fifth and Last. VIII. The Corollary subjoined to these things. The Church and Magistrates aims in the Canon & Liturgy downwards described. I. THe Canon and Liturgy are now in this period of our Discourse supposed to be extant: And as we have formerly described the Church and Magistrates aims in them upwards, and in a more direct relation to the preserving the welfare of the Supreme Public Charge; so here we come to describe also their aims in them downwards, and as to the people's making use of them in a more direct relation to their Uniformity of profession, and use of public worship, which were said above to be the two great mediums for charitative communion, Lib. 2. Cap. 7. §. 10, 11, 12. & alibi supra & infra. in order to the preserving the welfare of that public charge. And both these sorts of intents of Public Authority in the Canon and Liturgy (both upwards and downwards) are to be carefully heeded, and so far forth as they belong any ways to them, by the members of any National Church. The manner in which the people are to make use of them. II. This then being the more general matter of the Church and Magistrates ends in their Canon and Liturgy downwards; the manner in which the people are intended to make use of them, is, according to their several Offices which they bear, in their order of office in which they stand in an Ecclesiastical Uniformity. And that is, in things Common to them both, of the Canon Primarily, and of the Liturgy secondarily; and in things distinctly belonging to either; of either in its own proper and distinct way, in relation to those things. III. And the first particular kind of use which is thus intended to be made of them, is, The first particular kind of use to be made of them. in the two fundamental offices distinctly belonging to either: And those are, as the one is intended precisely to be a Rule of Worship, and the other in like manner a Rule of Doctrines. And so the uses to be made of them also, are, That the one should serve for the performance and exercise of worship towards God, and the other for the practice of Uniformity of profession to be given to it in like manner. iv The Second Use to be made of them, is, The Second. in a matter common to them both: And that is, for men's interpretation of all doubtful Phrases in other Writings set forth by Authority, (viz.) Homilies, disciplinary Canons, and the like. And so the Canon is to be made use of Primarily, and for the interpretation of such Phrases, even in the Liturgy itself; and the Liturgy secondarily, and so far forth as it is composed according to it. And the Rules to be held in this interpretation of Phrases is this, That men are to interpret the Phrases in other public Writings; relating to the Canon and Liturgy, and if doubtful, in an wholesome sense by them; and in like manner also to refer the Canon and Liturgy themselves, if doubtful, in the like wholesome sense, to Scripture. And the other Writings are thus to be referred to the Canon and Liturgy in any National Church, because those two are the two original Humane Rules of Doctrines and Worship, as hath been said. And they themselves also are to be in like manner referred to Scripture, Lib. 3. Cap. 1. §. 2. 1●. etc. because it is their Original Divine Rule, as was said above also: And as to the Senses, which the several Assertions, Offices, and Phrases are capable of in such Canons and Liturgies; consideration is to be used for the finding of them out, and the Comments on Canons, and the Rationales on Liturgies, and the like assistant writings are to be consulted, and the just Rules of interpretation (hereafter laid down) are to be made use of in relation to these things. Infra Cap. 8. And the same course also is to be held concerning the interpretation of the Original Divine Rule of Scripture in its kind. And, last of all, the wholesome sense in all these things (and not the unwholesome) is still to be presumed to be that meant by Authority; and that because, as a favourable construction is always to be put upon such writings as have been mentioned set forth by Authority in such a manner, and for so good ends; So also the same Authority doth allow to all their variety of notions, under which to make construction of them, on purpose, that such their construction might be (and as they wish it to be) in itself as far as may be just, and also favourable, as to them. And by this Rule do all Churches intent that men should proceed in this matter: And it is the last and only Rule they have to fix upon. So the Church of England particularly, after the many sharp ventilations of these things in it, and in the defence and justification of its present Lyturgy, and the former established; We are fully persuaded (say they) in our judgements, See the Preface to the Book of Common Prayer. and do profess it to all the world, that the Book, as it stood before established by Law, doth not contain in it any thing contrary to the Word of God, or to sound Doctrine, or which a Godly man may not with good conscience use and submit to, or which is not fairly defensible against▪ any that shall oppose the same, if it shall be allowed such just and favourable construction as in common equity, aught to be allowed to all humane writings, especially such as are set forth by Authority, and even to the very best Translations of the Holy Scripture itself. They then are apparently guilty of Shcism in any Church, who first construe the doubtful places of Liturgies and Canons of doctrine in an ill sense, and then construe such sense to be the meaning of Authority, as if it could never be enough either blamed or suspected. Indeed many are the exceptions that have been made both formerly and lately against the English Lyturgy: The more general of which, and those that have been made against it particularly as a Lyturgy, Lib. 3. Cap. 1. §. 9 in fin. we have mentioned above, and its adversaries collections of them. The more particular, and those proper to be recited in this place, as being made against the more particular phrases, and the like things in the several offices and parts of it, are to be seen in the numerous writings (of this sort) of its adversaries also, and which at several times have come fotth against it: And so the Answers to these writings, For the exceptions made against the Lyturgy, See a survey of the Book of Common Prayer. Printed, An. 1610. The first Admonition, p. 8. & 2. part. Ibid p. 2. etc. And second Admonition, p. 10. etc. And a view of Antichrist his Laws, etc. in a part of the Register, p. 64. 64, 65, by A. Gilbir. An Exception taken against subscription, etc. Ibid. p 119, 120, 121, etc. And a true modest defence of the Petition for Reformation, etc. p. 30, 31, 32, etc. Edit. 1618. And an answer to the Vice Chancellor, etc. p. 2. And Bacon's Considerations, p. 24. etc. And Smectymnuus, p. 9 etc. And Reasons showing the necessity of Reformation, p. 8. 11, 22, 26, etc. For Salvoes to these exceptions also; See hooker's Ecclesiastical Policy, Lib. 5. from Sect 25. to the end. A Defence of the Liturgy, etc. Edit. 1630. worthy to be read. And the Christian Divinity contained in the Divine Service, etc. 1631. And Dr. Covells modest Examination, etc. Cap. 13. And Dr. hamond's view of the Directory, p. 24, 25, etc. and several defences of the same Lyturgy are to be seen also. To both which sorts of writings we shall refer men concerning these matters, and not abate the edge of our Reader with a tedious recital of them here. In the interim, if a man will answer to the general intents of an Ecclesiastical Uniformity in any Church concerning these sorts of matters, Interpretari debent cum favore: They must be interpreted with favour, as is said: So should the phrases of the English Lyturgy, extant in the offices of Burial, Churching of Women, and elsewhere, and more popularly excepted against, be dealt with. And certainly a man is to strain very far in this matter, and if it be possible, rather than to put an unwholesome sense upon these sorts of writings set forth by Authority: Much less than is he to be wilfully blind, like him that will not see the Sun, and to stumble as it were at a star that lies shining bright in his way. But the truth of all is, that it is the usual method of such men as would innovate in any Church, and undermine Public Authority, to cross these Rules here laid down by us concerning these matters; and to give out to the world, as if Authority only were never enough to be blamed, never enough to be suspected. And when men see that, let them know their ends. V The third Use then to be made of the Canon and Liturgy in any National Church, and by the members of it, The Third. and that also in a matter common to them both, is, For the determination of men's minds about the use of Ceremonies: And under what notions, and in what senses severally they are propounded to be used. What particular Doctors teach about them, or the private Expositors, or Controvertists of the Age say, is nothing, as to any Authentic ground for men's derivation of their opinions about the Use of them: But it is to be heeded only what the Church declares concerning them in her Canon of Doctrines and Lyturgy, and in her Disciplinary Canons, and the like public writings framed from them, and allowed by the Magistrate; And that because the Church and Magistrate are the only composers of the Canon and Liturgy, and the Authentic Interpreters of them, when composed, and also the imposers of the Ceremonies, or the like things enjoined in them, or in any other more derivative writings belonging thus to their Uniformity. And concerning the Church and Magistrate also in this matter, these Rules are to be observed, (viz.) That they do ordinarily express so much as they do intent decisely to say concerning these their enjoined Ceremonies, either in the Canon or Liturgy, or else in some other Authentic writings of theirs explicatory of them; And that where they do not make such impression, they do reserve farther explication to themselves upon occasion, as the light of Nature dictates to them to do in things so mainly concerning the public welfare, and not to leave them to others. Lastly, That in the mean time, in both these cases mentioned, They do leave men to use their due liberty of judgement of discerning, and to resolve themselves concerning these and the like matters. And that also in a greater Latitude in the last of these two cases, (viz.) for that very reason, because they have not defined nor particularly declared themselves: Only men are still to look to it, that they do not any ways vent such their judgements and resolutions to the hurt of the Public Charge. The case in the general concerning this use of Ceremonies in any National Church is evidently weighty in itself: And it is sometimes made farther weighty by accidental contests. And whether the Ceremonies in any Church be either established by written Law, or Custom, or of what sort soever they be; this use is to be made, and according to these Rules mentioned, and that also either more immediately or mediately, of the Canon and Liturgy concerning them. VI We come next to their Fourth Use, The Fourth. common to them both also; And that is, For the like determination of men's minds about the form of Government used in any Church. And under what notion, and in what sense profession of assent is supposed and required to be made to it also (viz.) in any Oaths taken concerning it, or subscriptions made to it, or in any the like kind of testimonials of submission to be given in to it by the members of such a Church. And concerning this also, the same things are to be heeded, and the same Rules are to be observed, (i. e.) proportionably, and according to their suitable respects to this matter, as were mentioned just now concerning the other. And the case concerning this also being in itself weighty, and because it is many times contested; therefore the third notion, under which the Church requires the profession of assent to be made to her established Government, useth also to be expressed in some of her public writings: And where it is not, the power of interpretation is however reserved. The fifth and last. VII. The Fifth and last Use thus to be made then of the Canon and Lyturgy is yet still common to them both also. And as it is of great convenience to the people on their part, so it is in like manner of very great moment towards the welfare of the public charge of the Magistrate: And that use to be made of them, is, For the Interpretation of the Magistrates mind and ends in all public declarations and subscriptions propounded by him to be made, in all Church and State Oaths, and the like, in like manner propounded by him to be taken within his Territories. And, as to this, men may be sure that whatsoever the immediate matter and intent of such assurances taken of them may be, yet still the Magistrates last and general ends in them are the same with those of the Canon and Lyturgy (mentioned) in his Ecclesiastical Uniformity (viz.) the welfare of Religion and Government, and the consistency of Religion with Government: And there is not any other centre for his public actions, aims and endeavours (whatsoever they be) to tend to, and terminate in, in his management of his affairs. And then, Quoties idem Sermo duas sententias exprimit, ea potissimum excipiatur quae rei gerendae aptior est, De Reg. Jur. F. Reg. 67. says Julianus the Civilian: That, so often as the same form of speech expresseth seemingly two meanings, that is rather to be understood, which is more suitable to the affair it concerns. And this use is to be made of the Canon and Liturgy in these matters; whatsoever the present circumstances of men's cases may be, at any time, or in any juncture of humane affairs, (viz.) the welfare of Religion, and of the present Lawful Government, and the consistency of Religion with it, is to be attended to by them. The corollary subjoined to these things. VIII. Last of all, these concessions then of the people's so making use of the Canon and Liturgy (as hath been heretofore mentioned) are some of those derivative Latitudes and Liberties belonging to them in order to their performance of obedience to the Laws of Princes, and their Ecclesiastical Uniformities. CHAP. VII. What is the Doctrine of the Church in the Canon and Liturgy? I. THe several sorts of Doctrines in the Canon and Liturgy assigned. II. The Doctrine of the Church distinguished. III. The Doctrines of the Canon and Liturgy assigned in the general. iv The more particular distinction of them. V The first sort of them. VI The Second. VII. The conclusive Rule to be observed concerning the distinguishing of those Doctrines. VIII. Two conclusive Propositions subjoined to the main matters of this Chapter. IX. The first of them. X. The second. I. WE have defined the Canon to be the Rule or Standard of Doctrines for profession of assent to be made to in any National Church: The several sorts of Doctrines in the Canon & Liturgy assigned. And it hath been asserted, That the Liturgy ought to be framed according to it. We come here to assign, what is the Doctrine of the Church in them both, Supra Lib. 3. Cap. 1. §. 2. Ibid. §. 6. and in each of them in its several capacity: And what are the several sorts of it; that profession of assent may be made to it accordingly. II. The Doctrine of any National Church then holding an Uniformity, is such, The doctrine of the Church distinguished. either originally (which is that expressed in the Canon) or else by further explication and interpretation: And that again is such, either pro perpetuo and fixedly (which is more principally and primarily, that in the Lyturgy) or else less principally and secondarily, that in the more derivative public writings) or else it is such only pro tempore, and upon occasion of emergent controversies: And that again is, such either as defined by the Church and Magistrate immediately, or else by their Delegates upon any occasion, requiring their resolution of cases: And both those again are such, either by word or by writing. The most of these sorts of the Church's Doctrines we have given hints of here and there already, and as we have proceeded in this Discourse: But it is evident, that that which we expressly inquire after here, is the Original Doctrine of the Church primarily; and its Doctrine by further explication, which is in the Liturgy, secondarily. And what both these sorts of Doctrines are, we shall absolve presently, and in a very few words. And the like distinctions of Doctrines which are in the more derivative writings of the Church, will be sufficiently employed in this our description of those two sorts only here. The Doctrines of the Canon and Liturgy assigned in the general. III. More generally then, The whole Canon is the declared Doctrine of the Church: That being the designed Office of it in an Ecclesiastical Uniformity (as is said) Systematically to comprehend such the professed Doctrines of any Church: And so The whole substance of Doctrines also in the Liturgy, are the declared Doctrines of any such Church in their way also. The more particular distinction of them. IU. More particularly, the Doctrines of the Canon and Liturgy may be distinguished into divers sorts; either such as concern Religion or Government, either in the Church, or in the state; and that as they are, in relation to all these, either fundamental, or not fundamental: And the fundamental, either as they are primarily or secondarily so. But it is not these Doctrines of the Canon and Liturgy, as they concern either Religion or Government, or both, in the consistency of each with other, that we are to consider of here. But we are to consider of the Doctrines of the Canon and Liturgy as such only, and so (formally) as being set forth by the Church in them: And so also in relation to the profession of assent that is to be given to them as such also by the members of any National Church. And those Doctrines than are to be distinguished from the phrase and terms, and the like, in which they are set down and expressed in the Canon and Liturgy. For, Verba sunt nihil aliud quam notae rerum, declarantes animi voluntatisque passiones, says Cicero: That, words are nothing else but notes of things, declaring the passions of the mind and will. And, Plato in his Definitions, Dictio vox hominis quae scribi potest, Post Med. & signum quoddam commune rem declarans: That, a word is the voice of a man which may be written, and a certain common sign, Lipsius' in Prefat. ad Politic. declaring the thing. And, Phrygiones e varii coloris filo unum aliquod aulaeum formant; sic scriptores e mille aliquot particulis cohaerens opus: As Broiderers do form some one piece of Tapestry out of a thread of divers colours; so Writers do form also one cohering work out of some thousand particles, and small portions of things. And the distinctions then of the Doctrines of the Canon and Liturgy, as set forth by Authority, Are, The first sort of them. V In the first place, The Doctrines expressed in plain and particular terms, are the Doctrines of the Church in the particular and literal sense of those terms. VI And so in like manner, The Second. The Doctrines expressed in dubious and general terms, are the Doctrines of the Church also in the dubious and general sense of those terms. Neither is it to be wondered at, that it is asserted here that they are so; since it is supposed, that both the Canon and Liturgy are regulated by the original Divine Canon of Scripture (as was above mentioned that they ought to be) and that God hath then revealed those Doctrines no further, Lib. 3. Cap. 5. §. 4. Vid. nor in no other terms in Scripture. VII. And last of all, Under whatsoever distinctions or sorts of phrases or terms, or the like, The conclusive Rule to be ob erved concerning the distinguishing of those Doctrines. the doctrines of the Canon and Liturgy are set down, under the very same still are they the Doctrines of the Church; and they are so to be taken to be declared to be: Just as the Scripture itself delivers the declared will of God, sometimes in general, sometimes in particular, sometimes in literal, sometimes in figurative terms and expressions, and yet still all is the declared will of God in Scripture, according to those several capacities of it. Sic loquitur Scriptura, says St. Augustine, ut altitudine superbos irrideat, profunditate attentos terreat, virtute magnos pascat, Lib. 2. in Gen. C. 19 affabilitate parvulos nutriat: That, the Scripture so speaks, that it may contemn the proud by its sublimity, affright the attentive by its profundity, feed the strong by its virtue, nourish the weak by its affability. And again, Ad dignitatem Scripturae pertinet, De vera Relig. ut sub una litera multos sensus contineat; ut sic, diversis intellectibus hominum conveniens, unusquisque miretur se in Divina Scriptura posse in venire veritatem quam ment conceperit: ac facilius per hoc contra infideles defenditur; dum si aliquid, quod quisque ex Sacra Scriptura velit intelligere, falsum apparuerit, ad alium sensum recursum possit habere: That It belongs to the dignity of Scripture, that under one and the same form of words it should contain many senses; that so it being agreeable to the divers understandings of men, every one may wonder that he can find that truth in the Divine Scripture which he shall conceive in his mind: And by this also it is defended the more easily against infidels; whiles that, if any thing appear false, which every one would understand out of the Holy Scripture, there may be recourse had to another sense. VIII. We come then to put a period to this matter, by subjoyning two conclusive propositions to the two main sorts of things beforementioned in this Chapter: Two conclusive propositions subjoined to the main matters of this Chapter. The first of them. And those are the more general distinctions of the Doctrines of the Church, and the more particular distinctions of the Doctrines of the Canon and Liturgy. IX. The first of these, in relation to the first of these sorts of things then, is, That those distinctions of the doctrines of the Church (here above delivered) are accordingly to be made, for the salving the several sorts and degrees of Powers and Authorities, which are ordinarily found in all Churches, in this matter, and the determination of it. The Second. X. The second is in like manner in relation to the more particular distinctions of the Doctrines of the Canon and Liturgy: And that is also, That according to the several sorts and distinctions of them, so is the profession of assent (to be made by the members of any National Church (pro cujuslibet captu & ratione intellectus: Accord to every one's capacity and manner of understanding) to be adapted to them also. And this is that which is intended by the Church in their so setting down of those Doctrines, as hath been mentioned; and this is all that is intended or required by them: just as men's devotions (in the case of the Liturgy as such, and in their public use of it) is to be adapted to the several sorts of the parts of the Offices of it. CHAP. VIII. Of the Interpretation of the Canon and Liturgy to be made by private persons, and how it ought to proceed. I. THe liberty of Interpreting the Canon and Liturgy belongs to private persons as their Right. II. The Interpretation of private persons distinguished. III. The Rules by which they are to proceed in it, assigned in the general. iv The more particular assignation of them. And first, of those concerning the Interpretation of Words and Phrases. V The first of those Rules. VI The Second. VII. The Rules to be observed in the Interpretation of the sense of the Canon and Liturgy. VIII. The first of them. IX. The Second. X. The Third. XI. The Fourth. XII. The Fifth and Last. XIII. The conclusive caution subjoined to these things. I. THe use of men's judgement of discerning, The liberty of interpreting the Canon & Liturgy belongs to private persons as their right. both by the Natural and Divine Law, being conceded to them above generally, though not universally in respect to the object; and it following from thence, that their liberty of making use of it, for the fixing upon their immediate notions, in respect to the matters of the Canon and Liturgy, belongs to them as their Right by the same Laws, and in its manner also. There ariseth from hence a necessity, that they should have it conceded to them, for the making their several interpretation of these public writings: And this concession is also one of those derivative liberties belonging to private persons, in relation to their performance of obedience to the Laws of an Ecclesiastical Uniformity. II. This interpretation then of private persons, The interpretation of private persons distinguished. severally and variously, being in itself distinguished from the authentic interpretation of the Canon and Liturgy contained in the more derivative public writings of the Church (which hath been already mention, Hic supra Lib. 3. Cap. 7. §. 2 & alibi. Infra Cap. ult. and will be further hereafter) and the more remote and general Rule for the interpreting the Canon and Liturgy, by the Original Divine Rule of Scripture, having been laid down, and also explicated already: Hic supra Lib. 3. Cap. 6. §. 4. I come here to distinguish of the interpretation of private persons, in relation to the Canon and Liturgy: And that is, either of the Words and Phrases contained in them, and of which they consist; or else of the sense of those Words and Phrases, and which is meant and intended to be expressed by them. The Rules by which they are to proceed in it, assigned in the general. III. The Rules then by which men are to proceed for the making this interpretation in this matter, are in the general, Partly those common to the interpretation of all other writings; and partly those proper to the interpretation of this sort of writings in an Uniformity of Churches. Those which are common to this sort of writings with all others, are chief concerning the interpretation of the terms and phrases; and those proper are also chief of the other sort. The more particular assignation of them; And first, of those concerning the interpretation of the words and phrases. IU. More particularly then, first, I come to the Rules for interpretation of the words and phrases in the Canon and Liturgy: And those are principally these two, together with their explications. The first concerning vulgar terms, and the second concerning terms of Art, and so in like manner also concerning each sort of phrases. V The first Rule then concerning the terms and phrases which are trite and vulgar, The first of those Rules. is this, That they are ordinarily to be taken according to the vulgar and popular use and acceptation of them. And in relation to this sort of words and phrases, principally and most properly, is that Rule true, concerning use and custom, as to all sorts of writings. That it is it, Quem penes arbitrium est, & vis, & norma loquendi: In whose power is, the Government, and Force, and Law of Speech. And this popular, and customary use of such words and phrases, as are made use of in the Canon and Liturgy, is to be observed by every one; either what it is, or hath been, in every National Church and Society of men. And it is ordinarily to be presumed, that the composers of the Canon and Liturgy (making use of such kinds of words and phrases in the composing of them) do ordinarily intent them to signify in their own common and ordinary way. The Second. VI The Second Rule is, concerning words of Art, and that kind of phrases also: And such Grammatical and Artificial words, are either literal, or figurative. And the phrases compounded of them are accordingly: And the Rule to be held concerning them, is, more generally, and in either capacity of them, That, Artis vocabul● ex Arte & Authoritate prudentum sunt interpretanda: Words of Art are to be interpreted from Art and the Authority of wise men: And more particularly, That we should never departed from the literal signification of them; Nisi ad absurdum vitandum, & ubi cogimur ex consequentia; Unless it be to avoid an absurdity, and where we are constrained to do it by some consequence of things. And as to the several sorts of tropes and figures usual in writings, the Rhetoricians and Artists in that kind are to be consulted. And although it be true, that the Canon of Doctrines in any National Church (being a systematical explication of the original Divine Canon (as hath been said) is presumed ordinarily to be as plain as such may be; yet because the Scripture itself delivers the Doctrines of God sometimes in general, and sometimes in particular, sometimes in literal, sometimes in figurative terms, Hic supra Lib. 3. Cap. 7. §. 7. (as hath been said also) therefore it is not to be wondered at, if the Canon, in its delivery of them, according to the exemplar of Scripture, sometimes at least, and according to the occasions of it, consist of such kind of terms also. VII. These Rules then concerning the interpretation of the words and phrases of the Canon and Liturgy, being thus briefly laid down; The Rules to be observed in the interpretation of the sense of the Canon & Liturgy. The first of them. we come next to those to be observed concerning the Doctrinal and Hypothetical sense of those words and phrases, of which the Canon and Liturgy consist, and which is next to be interpreted. VIII. And for the finding out of the sense of the Canon and Liturgy, to be referred to Scripture in the first place, the ordinary Rules common to the interpretation of all writings are to be made use of. Such are the comparing the Text with the Context, and one place with another, and the like: And these proportionably, and according to the capacities of the several Canons and Liturgies in several Churches. IX. In the second place, The Second. The more derivative writings of the Church are to be consulted: For we have all along laid down them as the authentic and further interpretations of these more primary public writings. X. The mind of the Lawgiver (always proper to this sort of writings) is in the next place to be remembered: And that is, The Third. that every thing should be so construed as may make most to the welfare of the public charge (viz.) of Religion and Government, and the consistency of each with either. And although the matters of Religion are always supposed to be of the greatest weight, as to the everlasting affairs of another world; yet the immortal notion of it is not so far to over-possess the mind of men (in this business) as to make them forget the consideration of the present lawful Government also (viz.) as that Ordinance of God which is of the greatest moment, as to all Humane Affairs, as they are temporal, yea, even as to the temporary and this live's exercise of Religion itself. And the like is to be said of Religion taken in its simple notion; and as it includes also its consistency with Government: So that he that will not err in the practice of this Rule, in the interpreting the Canon and Liturgy, must consider of all these things, both separately, and in conjunction one with another. And this mind of the Lawgiver is to be heeded; D. de legib. & Senatu● Consult. L. Scire Leges. 1. In the general; Scire Leges non hoc est verba earum tenere, sed vim ac potestatem, says Celsus, That this is not to know the Laws, (viz.) to have the words of them ready, but to understand the force and power of them. And Paulus, Contra Legem facit, qui id facit quod Lex prohibet, D. Eodem L. Contra L●gem. in frandem vero legis facit, qui salvis verbis legis, sententiam ejus circumvenit: That, he doth against the Law, who doth that which the Law forbids; but he offers deceit to the Law, who observing the words of the Law only, doth craftily over throw the sense of it. 2. In emergent cases, of whatsoever nature they shall be, and upon whatsoever occasion, and particularly, when Authority shall at any time chance to be accused of intending to ruin Religion, and to destroy Godliness, and the like, which is never ordinarily to be believed, although perhaps it may involuntarily err, in its making choice either of the kind of Religion, or else in its constitutions concerning this or that individual sort of Religion: But otherwise it's intention ordinarily, in the making such constitutions, is only to render Religion consistent actually with the Government of Humane Societies. And the like is to be said of all other the like particular cases, a due proportion being held to them, and the things mentioned severally; and whether the cases be more or less doubtful. Benignius Leges interpretandae sunt (says Celsus again) quo voluntas earum conservetur: D. eodem. L. Benignius. That, the Laws are sometimes more favourably to be interpreted, that the mind of them may be preserved. And again also, D. eodem L. proxime sequent. In ambigua voce Legis, ea potius accipienda est significatio, quae vitio caret, praesertim cum etiam voluntas Legis ex hoc colligi possit: That, in a word of the Law which is doubtful, that signification is rather to be chosen which is not faulty, D. de Divers. Reg. Jur. L. 96 especially when also the will of the Law may be gathered from it. And Maeciamus: In ambiguis orationibus maximè sententia spectanda est ejus qui eas protulisset: That, D. eodem. L. 68 Hic supra Cap. 6. §. 7. in doubtful speeches, his mind is most of all to be attended to, who delivered them. And last of all, that of Julianus (which was not long since recited above;) Quoties idem sermo duas sententias exprimit, D. eodem L. 90. ea potissimum accipiatur quae rei gerendae aptior est: That, so often as the same form of speech expresseth seemingly two sorts of meaning, that is rather to be understood which is more suitable to the affair it concerns. And that of Scaevola, (particularly concerning the same aequitas congrua due to the application of the Law to Cases,) In omnibus quidem, maximè tamen in jure, aequitas spectanda sit: That, indeed in all things, but most of all in Law, Equity is to be had regard to. XI. In the next place, The Authority of the Church, The Fourth. composing the Canon and Liturgy, should in all things weigh considerably with men: But, In valdè dubiis & scrupulosis, In things very dubious and scrupulous, quite turn the scale with them, (i. e.) So as that they should not be too easy, and too hasty in making conclusions against those public writings, or the truth or lawfulness of any thing contained in them, (viz.) so as that they cannot either refer them to Scripture, nor consequently assent to them under any immediate notion at all, amongst those that may perhaps be considered of as belonging to them. And thus much is certainly due to the grave Authority of any National Church, in respect to the particular, and in themselves generally, far more fallible judgements of private men. Septimo mense nasci perfectum partum jam receptum est, propter Authoritatem doctissimi viri Hippocratis; & ideo credendum est eum, qui ex justis nuptiis septimo mense natus est, justum filium esse, D. de statu hominum, L. septimo mense. says the Text in the body of the Civil Law: That it was a received opinion, from the Authority of the most learned Hypocrates, that in the seventh month a perfect child might be born; and therefore it was to be believed, that he which was born in the seventh month after lawful marriage, was a lawfully begotten Son. And Plato, in the case of doubtful propriety; Verum si apud Magistratus res, de qua agitur, conscripta non sit; tunc apud tres inter Magistratus seniores usque ad latam sententiam deponatur: But, says he, if the matter, De legib. Dial. 11. add princip. concerning which is the contest, be not registered in the Public Office, then let it be referred to three of the Elder Magistrates for them to decide it. XII. Last of all, the way of interpretation, Ex conjecturis, The Fifth and Last. called by the Rhetoricians, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and made use of by the Civilians, and all other Faculties in their several ways, and according to the subject-matter of their occasions, is to be made use of also in relation to the Canon and Liturgy, and in the ways proper to the subject-matter of the occasions belonging to them. But the sum of all is, both in relation to this, and all other particular ways of interpretation, and in relation to these mentioned, and all other sorts of writings; that there is one universal interpreter, and that is, that which needs not the commendation neither of Plato nor Socrates, which is not directed to, only either by the Law of Moses, or that of Christ, but by the very humane nature itself; and that is, Right Reason: This is the sum of all Professions, Arts, and Sciences, and Learning amongst men. This is above the greatest of all Humane Authorities. This is the intent and compliment of all Counsels and Deliberations in this world. Tnis is beyond what can be thought of, or comprehended by man: The rule of the Actions of Angels, nay, of the divinity itself. The Law of Humane Nature: Nay, the very Humane Nature itself. And then, since the Supreme Creator hath appointed all things to proceed in their actions and motions by the Laws of their several natures; what is there left for man to proceed by in all things but the Law of his Nature also? What can he, or may he be governed regularly by but Reason? Nam neque decipitur ratio, neque decipit unquam: For neither is reason deceived, nor doth it ever deceive. Ei Deus hanc alta Capitis fundavit in Arce, Mandatricem operum, prospectur anique labori: And God hath founded this in the High Tower of the Head, The commandress of Actions, and the guide of Labour. In D. L. Scire oportet, §. Sufficit. Col. 4. And therefore Baldus, and the other Doctors, in the unfolding their Law, do rightly assert, That it is the weakness of Humane Intellect in any cause whatsoever, to seek for a (written) Law, where it finds natural Reason; and that the force of Reason is it, which all mankind is bound to obey. Idem. A● L. Nemo C. desentet interin●ut. O●● judic. 〈◊〉 L●●●b. 1. And Cicero, Societatus humanae vinculum est ratio & Oratio, quae dicendo, communicando, disceptando, judicando, conciliat inter homines conjungitque naturali quadam Societate, neque ulla re alia absumus a natura serarum: That, Reason and Speech is the band of Humane Society, Epist. 77. which by delivering things, by communicating of them, by discoursing, and judging, doth conciliate men, and join them by a certain Natural Society; neither do we differ from the nature of beasts by any other thing. And, Seneca, Nam cum sola ratio perficiat hominem, sola ratio perfecta beatum facit; haec autem unum bonum est, quo uno beatus efficitur, scilicet virtus: For since only Reason doth perfect the man, perfect Reason only doth make him happy: And this also is the only good by which alone he is made happy, (viz.) Virtue. And Divine Plato; De Repub. vel de Just. Dial. 9 add fin. At fort in Caelo illius (Civitatis) extat exemplar, etc. But perhaps the pattern of that City is extant in Heaven, (viz.) which is founded and ordered by Reason. And last of all, the Proclaimer of Proverbs, Cap. 20. v. 27. and King of Israel, Solomon; The spirit of man is the candle of the Lord, searching all the inward parts of the Belly. And, Chap. 3. v. 19 the Lord by wisdom hath founded the earth, by understanding hath he established the Heavens. Vers. 20. By his knowledge the depths are broken up, and the clouds drop down dew. 21. My Son, let them not departed from thine eyes; keep sound wisdom and discretion. 22. So shall they be Life to thy Soul, and Grace to thy Neck. 23. Then shalt thou walk in thy way safely, and thy foot shall not stumble. 24. When thou liest down, thou shalt not be afraid, yea thou shalt lie down, and thy sleep shall be sweet. The conclusive caution subjoined to these things. XIII. These then being the Rules that are to be proceeded by in this matter; and because we have heretofore distinguished the Canon of Doctrines into written and traditional, and have made frequent mention of customary Ceremonies, and their being in National Churches, as well as those recorded in the written Canon or Liturgy; therefore we are here last of all to give caution, and it ought to be remembered, That wheresoever such a Traditional Canon, or customary Ceremonies are found in any Church, there the same Rules, which have been here all along given for the interpretation of the written Canon and Liturgy, and the sense of them, are to be applied by private persons in like manner also for the interpretation either of the Truth or Lawfulness, either of the traditional Canon (where such is found) or customary Ceremonies, and of each in their several capacities, and so far forth as either of them are propounded by Authority, either as directly Doctrinal, or else as including Assertion and Doctrine, and immediately implying practice Non possunt omnes Articuli (says Julianus in the Digests) sigillatim aut legibus aut Senatus consultis comprehendi; De Legib. & Senatus Consult. L. non possunt. sed cum in aliquo casu sententia eorum manifesta est, is, qui jurisdictioni praeest, ad similia procedere atque jus dicere debet: That, all particular points severally cannot be comprehended either in any Laws or Decrees of the Senate: But when in any case the meaning of them is manifest; he that hath the power of jurisdiction, aught to proceed to the like things, and so to pronounce Sentence: Which Rule is evidently currant in the like cases concerning all other things. CHAP. IX. Of the Rewards and Punishments belonging to an Ecclesiastical Uniformity: And the Authorities and Rights concerned in the dispensing of them. I. THe peculiar necessity of rewards and punishments, to the Regiment of Humane Societies. II. The special application of them to the matters of an Ecclesiastical Uniformity. And first, of the Doctrine of Rewards. III. And first, those rewards distinguished; and the state of the present case concerning them. iv A conclusive Corollary laid down concerning them also. V The Original, and most natural intents of all sorts of matters of special reward. VI The ingress of Friendship, Kindred, Money, private service, and the like, in respect to these things, in humane societies. VII. The rewards (ordinary) in an Ecclesiastical Uniformity must needs be Ecclesiastical. VIII. The first Rule to be held concerning the dispensing of them. IX. The Second. X. The Third. XI. The Fourth. XII. The Fifth and last. XIII. The neglect of the observance of these Rules in this matter, hath brought great damages to Societies. XIV. The first conclusion laid down from hence. XV. The Second. XVI. The Doctrine of Penalties laid down. XVII. The several sorts of Penalties in an Ecclesiastical Uniformity distinguished. XVIII. The degrees of Church censures. XIX. Those censures to be dispensed with the least Humane mixtures. XX. The right of dispensing them belongs to Churchmen. XXI. The Church censures to be backed by the Magistrate. XXII. He hath also the power of controlling the execution of them. XXIII. And upon the same account is exempted from them. XXIV. The appendent questions resolved. XXV. The First of them. XXVI. The Second. XXVII. The Third. XXVIII. The Fourth and Last. I. REwards and Punishments are things principally intended for the governing men upon particular occasions: The peculiar necessity of rewards and punishments to the regiment of humane societies. And their necessity in the way mentioned to the Regiment of Humane Affairs is evident from hence, (viz.) from their being the last and utmost means for the Government of Humane Nature. Solon, qui & sapientissimus fuit ex septem, & legum scriptor solus ex septem, Rempublicam duabus rebus contineri dixit, Praemio & Paena, says Cicero; That Solon, In princip. Cap. 13. who was the wisest of the seven wise men of Greece, and the only writer of Laws amongst them all, said, That a Common-Weal was contained in two things, (viz.) Reward and Punishment. And again, Ibid. Cap. 19 Omnino Clari & Nobilitati labores sunt faciles: That Renowned and Nobilitated Labours are easy, but not so on the contrary. And, Facit non raro atrocitas paenae obedientiorem duci militem, says the Roman Historian; Liv. Dec. 1. Lib. 8. That severity and grievousness of punishment doth oftentimes cause the Soldier to be led in more obedience. And, Est utilius unius improbi supplicio multorum improbitatem coercere, Cic. 5. Acc. in verr. quam propter multos improbos uni parcere: It is more profitable to restrain the viciousness of many by the punishment of one wicked man, then to spare one because of many wicked. The special application of them to the matters of an Ecclesiastical Uniformity. And first, of the Doctrine concerning Rewards. And first, those Rewards distinguished, & the state of the present case concerning them. Lib. 2. Cap. §. II. The common places of others then, both Lawyers, Politicians, and the like, concerning the Doctrine of Rewards and Punishments (both as to rules of Policy and Prudence, and also of Justice and Equity) being pre-supposed to be known; we come here to treat of them in a special way, and as belonging to an Ecclesiastical Uniformity. And first, of Rewards. III. And in the first place, those Rewards (as in other cases, so in this) are either of Profit, Honour, or Pleasure, or else mixed, of all, or either of them. And these things, we recited above, as the matters of this world ordinarily valued by men: and either of those sorts of rewards again, are either more common to many (as Ecclesiastical Immunities established by Law, and such as are frequently mentioned up and down in the Civil Law, Vid. C. & Novel. passim. Et vid. Cod. Theodos. lib. 16. Tit. 2. De Ecclesiis & Cler. & alibi. A Conclusive Corollary laid down concerning them also. the Theodosian Code, and elsewhere) or more special to few, as more special dignities, and Ecclesiastical Promotions: And 'tis of this latter sort of Rewards which we here principally treat. IU. And although it be true, that both Churchmen, and others (concerned any ways in the matters of an Ecclesiastical Uniformity) are obliged to the doing of their duties (according to the best of their capacities and abilities) by that tye they have upon them from God, and those eternal respects they bear to another world; yet while Humane Nature is in them, and they partake of humane infirmities (as they concern them in this Spiritual sense) there must be the present support and temptation of temporal rewards also to encourage them to deserts and enterprises accordingly. God himself took care in Israel, Deut. 17.3.9 etc. & Cap 33.11. & 2 Chron. 31.4. that such things should be afforded for their encouragement. And— Nemo virtutem amplectitur ipsam, Praemia si tollas.— — None embraceth virtue itself If thou take away the rewards of it.— The original, and most natural intents of all sorts of matters of special reward. V. The original then, and most natural intents of all sorts of emoluments and gratifications, conferred by the public in the more special way mentioned, were principally two, (viz.) the rendering Princes Magnificent, and the encouraging merits and deserts: And the former of these in its most eminent capacity was always included in the latter. So that Princes were never found to have acquired more Glory and Renown (as well as to have benefited the public) then by their having bestowed matters of reward (proper to persons of any faculty or profession) upon the most eminently and remarkably deserving (and especially deserving from the public) in that profession. The ingress of Friendship, Kindred, Money, private services, and the like, in respect to these things, into humane societies. VI But in relation to these things, it was quickly found in the setting up of all Common Weals, that (partly because of the rareness of men's performing acts of conspicuous and more than ordinary merit, and partly because of the prevalence of Avarice, Self-love, and the like corrupt affections with men) Friendship, Kindred, Money, private Service, and the like stepped in, and almost spoiled all: Especially Princes themselves grew more supine and careless, in respect to these matters also, when at any time of their Empire, there were a greater store of suits and importunities thus qualified, and their affairs seemed to be in a more complete posture of present settlement and tranquillity; So that they thought they needed not so much men of service. The present state of the Uniformity of the Roman Church (in the several Territories of it, more or less (but especially in those in Italy, and nearest adjoining to Rome itself, where things seem to be more secure) is a great instance of these things. VII. The rewards (ordinary) in an Ecclesiastical Uniformity must needs be Ecclesiastical; The rewards (ordinary) in an Ecclesiastical Uniformity must needs be Ecclesiastical. And that whether they be of the more common, or special sort: And the reasons why they must be so Ecclesiastical, are, both because Ecclesiastical Persons or Churchmen, are the persons most ordinarily concerned in the matters of such an Uniformity; and also because it follows then, that it belongs to them to bear Civil Offices but indirectly, and a latere, and only as in the general they are members of Humane Society. VIII. And the first Rule then to be held in any Church, The first Rule to be held concerning the dispensing of them. concerning the distribution or dispensing of the more special sort of the Ecclesiastical rewards, is, That the Prince should have enough of the greater of them (of all sorts) in his hands to bestow upon any occasion. And as to others, which either by reason of the propriety of others, or any other way, are not within his power immediately to bestow; He should at least have the power (ultimately, and wheresoever the state of his Affairs, in relation to any particular persons, at any time requires it) of controlling the Collation of them. And these things he should thus have in his power, ad conciliandum favorem, for the obliging his Churchmen, and the more considerable sort of them, the more firmly to him; and also for the better securing the welfare of his public charge in many other respects. And the ordinary necessity of this perquisite to the state and Dignity of Princes, is evident from hence; (i. e.) from the mischiefs that ensue, either where it is not in a sufficient manner or measure annexed to the Supreme Power; or else where the Churchmen, or any considerable number of them, are left to be, for their income and maintenance, at the devotion of the people. Let the late Act of the present Parliament in England, See, Anno 17. Caroli secundi Regis. for the uniting Churches in Cities, and Towns Corporate, and the like other Laws of other Countries be consulted concerning this matter, and the secondarily natural right of Princes belonging to them in it. IX. Let us come to the second The Second. Rule to be also observed in this matter: And that is, That no Ecclesiastical Promotion should be too great, and so as to stand in any probable capacity of over-topping the Prince's power in his Dominions: Especially if it be bestowed by, and depend upon a foreign power, as is the case of the Cardinal's Hats bestowed by the Sea of Rome. But yet still the Ecclesiastical Estate, in the Dominions of Princes, is, in its Honours and Dignities, to be suited with the Temporal: And that both for the Honour's sake of Religion (the affairs of which the Ecclesiastical Estate is more immediately and directly conversant in attending upon) and also that the inferior Clergy, in relation to the ordinary matters of justice dispensed by the Laws, may have their Protectors and Defenders, as well as others, upon any occasion. And this is the reason why divers Governments, and the divers sorts of them, have diversely modified these things, for the better accommodating and cementing the affairs of their Societies. X. In the third The Third. place, The matters of special reward in an Ecclesiastical Uniformity should be annexed principally to actual and eminent merits and abilities. And, caeteris paribus; and where men are Orthodox, Honest, and in the like manner well qualified in other things, they should never be wanting to them: And that whether they are dispensed immediately, either by the Prince himself, or by any deputation. And this the Laws of Princes have many times taken particular care for; Clerici etiam omnes qui Ecclesiae fideliter vigilant atque serviunt, stipendia sanctis laboribus debita secundum servitii sui meritum vel ordinationem Canonum Sacerdotibus consequantur, Vid. Capitul. Lib. 6. L. 227. says the Law of Charlemagne: Let all clerics, who do faithfully attend on the Church, and serve it, receive rewards due to their holy labours according to the desert of their service, or the appointment of the Canons in that matter. Lib. 6. Yet. 5. L. 1. And the Emperors, Gratianus, Valentinianus, and Theodosius, in the Theodosian Code, Nihil est tam injuriosum in conservandis & custodiendis gradibus dignitatum, quam usurpationis ambitio: Perit enim omnis praerogativa meritorum, etc. There is nothing so injurious in the conserving and keeping of the degrees of dignities, as the ambition of usurpation: For all Prerogatives of merits perisheth in the mean time. And as this matter of dispensing rewards to merits concerns the Prince in his place, so also it concerns all others who are in places of power and trust, severally and proportionably in an Ecclesiastical Uniformity. The Fourth. XI. In case of defect of such merits as have been mentioned; the matters of reward should be bestowed upon the most fitting and best qualified persons however. The Fifth and Last. XII. Or if private interest must needs mix with these things (as most times, by reason of men's inordinate self-love, and the other the like corrupt affections flowing from it, it not only doth, but also bears away the Bays from all besides, and yet finds out pretences and defences enough for itself in the mean time) yet however it should proceed in conjunction with abilities and fittingness in men: And to do so, is the least thing excusable, that it can do in this matter. The neglect of the observance of these Rules in this matter, hath brought great damages to Societies. XIII. These then being the Rules thus to be laid down, the neglect of observance of them in the Ecclesiastical Uniformities of Princes hath brought great damages to Societies: As to the Prince particularly, it hath, sometimes for the time being, sometimes utterly and for ever, ruined his Affairs. And to Merit, and Worth, Nobility of mind, and virtuous emulation, it hath discouraged it. And lastly, as to the corrupt affections of men, it hath filled all things with them, and the effects of them, and hath brought in all manner of unworthiness, and baseness, and very barbarism amongst men. Est igitur in omni genere Civitatum turpissimâ ac perniciosissima honorum ac praemiorum, quae virtuti debentur, mercatura, says Bodin: That in all kinds of Common Weals, De Repub. lib. 5. Cap. 4. the buying and selling of Honours and Rewards, which are due to virtue, is most foul and destructive. And, Nihil enim bono viro gravius est, Ibid. quam in adipiscendis honoribus, improbis exaequari: That there is nothing more grievous to a good and virtuous man, then in the obtaining of honours to be leveled with wicked and unworthy men. And, Honoris & Gloriae Majestate de Republica sublata, Cives in omne dedecus, ac flagitiorum faeditatem perrumpere necesse est; quod minime futurum est, si honores ac praemia harmonicis rationibus distribuantur: The Majesty of Honour and Glory being taken away from the Common-Weal, it followeth necessarily, that the Citizens should break out into all disgrace, and foulness of crimes; which will not at all be, if Honours and Rewards are distributed in their due and fitting proportions. XIV. Hence than it is, The first conclusion laid down from hence. and in respect to these things last of all mentioned amongst others, that Canonical Simony hath by all Laws generally been prohibited, (viz.) That the natural intent of Rewards might not be frustrated, and the evil consequences mentioned, brought in upon Churches and commonweals: So in the Code and Novels of Justinian; C. De Episcop. & Cleric. L. Si quenquam. Nemo Gradum Sacerdotii pretii venalitate mercetur. Quantum quisque mereatur, non quantum dare sufficiat, aestimetur. Profecto enim quis locus tutus, & quae causa esse poterit excusata, si veneranda Dei Templa pecuniis expugnentur, quem murum integritatis, aut vallum fidei providebimus, si auri sacra fames in penetralia veneranda proserpat? etc. Let no man make Merchandise of the order of Priesthood. Let every one be esteemed of so far forth as he deserves, and not so far forth as he is able to give. For truly what place can be safe, and what cause can justly be determined, if the venerable Temples of God shall be forced by money? What wall of integrity, or Bulwark of Faith shall we be able to provide, if the cursed hunger of Gold shall creep into the Holyes of Heaven? So also in the Novels: Per presentem Legem sancimus, De Ordinatione Episcopor. Constitut. 137. Cap. 2. ut quoties usu venerit Episcopum ordinari, conveniant Clerici & Primores Civitatis, cui ordinandus est Episcopus, & propositis sanctis Evangeliis; Super tribus personis Psephismata fieri, & quemque ipsorum jurare secundum Divina Eloquia, & ipsis Psephismatibus inscribi, quod neque per dationem, neque promissionem, vel amicitiam, vel gratiam, vel aliam qualemcunque affectionem, sed quod scientes ipsos rectè & Catholicae fidei, & honestae vitae, & excedere trigessimum aetatis Annum ipsos elegerint. We appoint by the present Law, that so often as by custom it come to pass, that a Bishop shall be ordained, the clerics come together, and the Chief of that City to which the Bishop is to be ordained, and the Holy Evangels being proposed, let it be recorded by the Three persons, and let every one of them swear according to the holy Scripture, and let it be written in the Records, that they have not chosen, neither by gift, nor promise, nor friendship, or favour, or any other affection whatsoever, but knowing them to be of the Right and Catholic Faith, and of an honest life, and to exceed the thirtieth year of their Age. Ibid. Paulo post. And a little after; Jus jurandum autem suscipere eum qui ordinatur per divinas Scripturas, quod neque per seipsum, neque per aliam personam dedit quid, aut promisit, neque post hac dabit vel ordinanti ipsum, vel his qui sacra pro eo suffragia fecerunt, vel alii cuiquam ordinationis de ipso faciendae nomine. We appoint also him who is ordained to take an Oath, by the Holy Scriptures, that he hath not given any thing, nor promised, neither by himself nor any other person, nor will hereafter give either to him that ordains him, or to those who have given their sacred suffrages for him, or to any other for the passing of his Ordination. And the like Laws are to be found up and down in other Books of Laws. And the Roman Canonists call Simony, Respectorii fol. 258. Summae Lib. 5. de simoniâ summari●. 4. Crimen Ecclesiasticum: an Ecclesiastical Crime: So Panormitanus. And, Qualiter committatur his versibus comprehend, says Hostiensis; Munus, Lingua, Caro, Timor, atque favor popularis Impediunt gratis spirituale dari: How it is committed take it in these Verses: A Gift, Entreaties, Kindred, Fear, and Popularity Do hinder a spiritual thing from being given freely. And Simoniacus autem, Idem Ibid. Summar. 11. in beneficio vel dignitate constitutus, per accusationem deponitur, per inquisitionem amovetur: A Simoniack, being constituted in a Benefice or Dignity, is deposed by accusation, is removed by inquisition. The Second. XV. The like respect to the things mentioned also, amongst others, hath the case of Pluralities, which is found in many of the Christian Churches, (viz.) it is constituted and allowed of, as one sort of the Ecclesiastical immunities above mentioned. Many things have been said concerning it by private persons, both Pro & Con, of late days especially, and in some parts of the European Christian Churches: And heretofore it hath been sometimes allowed of, and sometimes prohibited by the Common Laws of Countries. The Rise and Progress of it in the Christian Church is rightly described by Father Paul, in his Judicious History of the Council of Trent, Lib. 2. p. 250, 251. etc. (viz.) That its first beginning was in favour, not of them in Beneficed, but of the Church, where there was insufficiency of benefices, and so as that that Church which could not have a proper Minister, might have at least some other Service. The exorbitances of it in the Church of Rome have been great, and some other Churches separating from it have judged that they have fixed in a mean concerning it, some in one way, and some in another. Many things according to the diversities of the estates and conditions of Countries, might be alleged for it, both in relation to Religion and Government, and the consistency of Religion with Government. And since the Christian Churches have come to have grown into a more settled condition of being national, it hath been made use of, particularly and amongst other things, for the consistency of the Ecclesiastical Estate with the Civil, and the necessary support of the several degrees of Churchmen. XVI. Thus then concerning the Rewards. The Doctrine of Penalties laid down. We come next to the penalties belonging to an Ecclesiastical Uniformity in like manner also. XVII. And first of all, they are either of Pain, or Loss, The several sorts of penalties in an Ecsiastical Uniformity distinguished. as in other things: And both again are either primary and principal, or else secondary and accessary. The primary and most proper sorts of Penalties in an Ecclesiastical Uniformity are the Church censures; which being spiritual punishments, are most properly to be adhibited in spiritual matters. And the secondary and accessary are the temporary punishments inflicted by the Magistrate, and superadded to those spiritual ones in the case of obstinacy of mind, and ineffectualness of those spiritual Punishments. XVIII. The Church censures, The Degrees of Church censures. and spiritual penalties proceed in their several degrees, as all punishments ought ordinarily to do: And that for Plato's Reason, in the matter of Laws: Legum vero, ut videtur, says he, aliae ad bonorum hominum doctrinam ponuntur, De legib. Dial. 9 add fin. ut per eas intelligant quo pacto inter se amicè versentur: Aliae ad compescendas illorum pertinaciam qui indomiti naturâ sunt, spretâque omni disciplina, nulla ratione moventur, quin ad omnem ruant improbitatem: That amongst Laws, some as it seems, are established for the informing of good men, that by them they may understand how to live amicably amongst themselves: And others, for the restraining of the pertinaciousness of those who are unruly by Nature, and all discipline being despised, are by no means prevailed upon, but that they will run headlong into all manner of noughtiness: And therefore, Quanto gravior & acerbior est Christi fidelibus excommunicationis censura, majoraque interius & exterius infert nocumenta; tanto maturius cautiorique judicio Ecclesiarum Praelati eorumque Vicarii ea uti debent, says Covarruvias, and the like the other Canonists; In Bonifac. octavi Constit. quae incipit Alma mater sub Tit. Excom. prioris part. Relect. §. 9 Tom. 1. That by how much the Church censure of Excommunication is more grievous and bitter to the faithful of Christ, and bringeth greater damages upon them, both internal and external; by so much the more maturely, and with a greater wariness of mind the Prelates of the Churches and their Substitutes ought to use it. Those censures to be dispensed with the least humane mixtures. XIX. And these Church censures aught always to be dispensed with the least humane mixtures of Pride, private passion, and the like, of any sort of penalties that are in the world. And the reason of the Divine Law of Christ it's so appointing them to be dispensed is evident, (viz.) because they are spiritual penalties, dispensed by spiritual persons. The right of dispensing them belongs to Churchmen. XX. And the Churchmen, or Spiritual persons, then in every Society also, are those to whom immediately, and ordinarily the right of dispensing them belongs. And this Right of those Churchmen to whom it belongs, is warranted both by the Law Natural and Divine, in their several respects, and was said to be one part of their power of Jurisdiction above mentioned: Lib. 2. Cap. 6. §. 9 And this, whether they do dispense them actually, either by themselves, or by others. The Church-censures to be backed by the Magistrate. XXI. Next after these Church Censures, in every Ecclesiastical Uniformity, follow the additional Temporal Penalties to be inflicted by the Civil Power: And those Spiritual, are always thus to be backed by these Temporal Penalties for many Reasons; 1. Because all are not men of Conscience, and so value not spiritual penalties. 2. Because the Magistrate is appointed to assist the Church, and to be a nursing Father to it. 3. Because men, when become Heretics, offend Humane Society, and the like. Other things might be mentioned. And the Apostles heretofore, when the first Christian Church was not National, had the extraordinary power of delivering men over to be tormented by Satan. He hath also the power of controlling the execution of them. XXII. The Magistrate also in every National Church ought to have the power of Controlling the Execution of the Church censures: And therefore are the last appeals in this matter, appointed by the Laws of Countries to be made to him. And upon the same account is exempted from them. XXIII. And upon the same account also it is, that the Magistrate himself is exempted from the execution of these Church censures upon him, (viz.) because if others shall have the power of so executing them, they shall in that particular, become his Superiors, and so his person, upon any occasion being rendered vile, and himself overawed in so weighty a matter, his affairs shall be totally ruined in the end, See, The Doctrine and Discipline of the Kirk of Scotland, London, 1641. The first Book of Discipline. sub Tit. Persons subject to Discipline. Et alibi. and the Ecclesiastical person shall overthrow him. The Scotch Presbytery then in this matter, cannot expect to be allowed of by Kings: To discipline, say they, must all the Estates within this Realm be subject, as well the Rulers, as they that are ruled, and the like in other places of their public writings. And the Sea of Rome proceeds from the Excommunication of Princes to the absolving their Subjects from their Oaths of Allegiance, and to the alienating their Dominions to others, and last of all, to the pronouncing it as a matter of merit for any one to kill them. XXIV. This then being said also concerning these penalties; The appendent questions resolved. The first of them. there are some few appendent questions to be briefly resolved. XXV. And the first of them is, concerning the Commutation of Church-censures for money: And, at the practice and affirmation of which, that it may lawfully be in an Ecclesiastical Uniformity, some persons are offended. But it is to be considered what we said above upon another occasion; That Riches are the things of this world ordinarily valued in the first place by men. Lib. 2. Cap. 5. §. 7. And then the depriving them of them, will easily be granted to bear the nature of a punishment; and then, so long only as the Church-censures do not lose their effect by it in the mean time, and foul and sordid Avarice doth not interpose in the matter, who will deny but that the difference in the kind of punishment (the proportion and degree of it being only duly observed) doth not violate the Rules of distributing Justice? And therefore Pecuniary Mulcts have been appointed by all Laws to be used as punishments, and that both in Sacred and Civil matters; Simo, sine venià Edicti impetrata, libertus patronum in jus vocaverit, D. De in Jus vocando, L. 25. (says Modestinus) ex querela patroni, vel supra dictam, (i. e.) quinquaginta aureos dat; vel a praefecto urbtis quasi inofficiosus castigatur, si inopiâ dignoscitur laborare: If, without pardon of the Edict being first obtained, the Manumized servant shall implead his patron, either he shall suffer the above said punishment, (i. e.) the payment of fifty pieces of Gold; or else he shall be chastised as an inofficious person by the Praefect of the City, if he shall be known to be poor. And, Lib. 4. Tit. De injuris. Justinian in the Institutes, says, That by the Law of the twelve Tables, propter os fractum nummariae paenae erant constitutae: For a bone of any man's being broken, the punishments by payment of money were appointed. And the Pecuniaria Mulcta, or Pecuniary Mulct, C. de Epis. & Cler. L. 56. ad finem. De Legib. Dial. 12. Paulo post princip. is appointed in the Code, as a punishment relating to sacred matters: And the like by Plato in his Books of Laws; and very many the like instances might be given. XXVI. In the next place, another complaint, is, The Second. because of Excommunication for light matters. But the answer is, that they may be by accident great and weighty. XXVII. The like is the question made also concerning Excommunication at first dash. And Covarruvius saith, Trina vero monitio, The Third. Relect. §. 9 Tom. 1. sub. Tit. Desentent. Excom. quam ad Excommunicatione diximus esse necessariam, requiritur in Excommunicatione ab homine ferenda; non tamen in Excommunicatione lata a Canone vel Statuto; ipsa siquidem Lex, quae ita maturè & cautè censuram ipsam indixit, quotidie admonet subditos ne prohibitum crimen committant, remve lege vetitam agant: That the threefold admonition, which he said, was necessary to Excommunication, is required in an Excommunication pronounced at the discretion of the Judge; but not in an Excommunication inflicted by the Canon or Statute: for the Law itself, which hath so maturely and warily threatened the censure, doth daily warn the persons subject to it, that they do not commit the crime forbidden, nor do the thing prohibited by the Law. The Fourth and Last. XXVIII. In the fourth and last place then, it will be Queried, How far forth also severity of Temporal Punishments may be used by the Civil Magistrate in these spiritual matters? And here truly we shall determine briefly, and without intermeddling too far: And that is, that as we dare not exclude the Magistrate from the use of any means necessary for the preservation of his Public Charge, so we will take it upon us most humbly to exhort him to remember mercy. The tenderness of Conscience in his Subjects, in this case, is to be considered of: The humanity which ought to be used towards all, and in all cases to be called to mind: The distinction to be carefully made betwixt the weak, and obstinate: And finally, if Mercy instead of Punishment, especially in the case mentioned, may any ways prevail, he will be the servant of Christ, and like that God, whose Deputy and Image he is upon earth, in being prone to Mercy. CHAP. X. Of the Magistrates further intent, in relation to the inward notions supposed to the external profession and use of things. And of the more particular latitudes belonging to those notions, and the assent included in them. I. THe general intent of this Chapter. II. The Magistrates intent concerning the internal notions in men stated negatively. III. And also positively. IU. And that, first more generally. V. Secondly, more particularly. And the Latitudes conceded in relation to them. VI An appendent question resolved. I. THe inward notions, both mediate and immediate, The general intent of this Chapter. Vid. Lib. 3. Cap. 4. §. 2. which are supposed to external profession, and the use of worship, having been above more generally considered of; we come here to consider of them more particularly and especially: And more expressly of the latter sort of them, and of the more particular latitudes belonging to them also. II. The Magistrates intent then, The Magistrate's intent, concerning the internal notions in men, stated negatively. as to those inward notions in men's minds; First of all Negatively: 1. That he doth not at all, in his Ecclesiastical Laws, intent the enjoining upon men such and such more particular and immediate notions concerning things: And the Reasons of this have been given above in their proper places, where an universal inward unity of opinion in men hath been denied to be either any of the intents of a Canon and Liturgy, or else that kind of inward assent, which is supposed to the external acts of profession, and use of Public Worship. 2. Much less doth the Church or Magistrate intent the forcing any man to any kind of assent whatsoever: And that whether it be either under any immediate, or else under any mediate and third notion: And that because the forcing an assent in men, is both unnatural, as a means to be used; and also impossible, as an end to be obtained; besides the impertinency of inward assent immediately, and in itself, to the Magistrate and his occasions. Outward profession indeed may be forced, but inward assent can never: Although the forcing of outward profession also, if it be specifically and directly endeavoured, be irrational and wicked, as hath been said. The late Earl of Portugal, Supra Lib. 3. Cap. 4. §. 13. Parag. 2. Menass. Ben Israel. In his Vindiciae Judaeor. Sect. 1. Parag. 16. (mentioned by the Jewish Rabbi) in his dealing with the Inquisitor, gave a sufficient instance of these things; Who, when his Physician had been compelled by tortures, to confess himself a Jew, and he could not procure his Liberty; Being incensed at it, feigned himself sick; and the Inquisitor, who had been importuned for his Physician's Liberty, having been sent for to visit him, when he came, he compelled him in like manner, by offering to have put a red hot Helmet upon his head, to confess himself to be a Jew; and also he made him write it with his own hand that he was so; Adding, That in like manner as he had confessed, did his Physician confess, save only that he had presently, only out of fear, and not sense of torment, confessed more than his Physician had done before him. And also positively. III. Let us come then to the positive intent of the Magistrate in this matter. And that first more generally. IU. And that first more generally, is; 1. That he intendeth men's profession and use of things to be according to their inward notions, both mediate and immediate, in each of their capacities; and not that they should make (in respect to either sort of those notions) either a bruit or false profession: And if they do so, it is their own fault, and not his. And although he doth not, yet Conscience should, and God doth take an actual and judicial cognizance of it. And, in the mean time, it being sin, whatsoever is not of Faith, it is not to be supposed, that the Magistrate should intent men's sinning against God any ways in the making their profession, or practising the use of things. 2. The Magistrate also wisheth men a right notion (i. e.) such as may be right in itself, as well as such as may seem right to them, for the founding their profession and use of things upon: For he wisheth them every ways absolute welfare in his Uniformity. And in this sense it is, that the special direction of God's Spirit, and an unity of Truth in the minds of men, and the like, is many times prayed for, in the stated Liturgy, and such other public writings of Churches. And the Canon of Doctrine also is proposed, as a means whereby God may so far forth as he shall please, work such an unity in them. Secondly, more particularly. And the latitudes conceded in relation to them. V Yet in the interim, and notwithstanding these things, as the liberty of opening, and of men's use of their judgement of discerning, is all along supposed to be conceded to them in the general; So also, all just and more particular Latitudes of it are conceded to them in like manner in relation to their fixing these Notions concerning things, which we are here mentioning. And those Latitudes are, that a man should profess assent 1. To the Canon and Liturgy themselves, and in the general, only as humane things, and stamped with humane authority, and composed by fallible men, and the like. 2. And so also, as to the particular Doctrines of the Canon, and forms of Worship in the Liturgy, That a man should profess assent to them, and the use of them, only under what more particular and further notion his judgement leads him to: And that not only as to the diversity of notion in the nature of it respecting the thing, but also as to the diversity of it, in relation to the respect it hath to the more or less firmness of it in a man's mind. And also a man is allowed to profess assent 1. To Doctrines seeming to him certainly true, under the notion of such certain Doctrines; and to forms of Worship seeming to him certainly lawful, under the notion of such certainly lawful, and so to use them accordingly; And to both these, as falling under what degree of certainty he pleaseth. 2. And so to Doctrines and Forms of Worship seeming to him only probable, only under the notion of such probable: The Scripture Rule of acting from Faith still being proceeded by, and the most probable of things (either to be believed or done) being fixed upon. 3. And Lastly; The sum of all in this matter is, That all particular latitudes are conceded to a man, in relation to these things, which are not destructively contradictory to the third notions of the Canon and Liturgy, their being true and lawful, and so to the Magistrates Ecclesiastical Uniformity, and so to his public charge preserved by it in the latter end. For as the Magistrate is not supposed to intent the denial of that degree of liberty in this matter to any man, which is only just, and of no evil consequence; So also he must never be supposed at all to allow of that, which shall be destructive to him and his public affairs. Neque enim quis sciens & prudens vellet sui perditionem, aut simul contradictora: Neither doth any man, being in his right wits, and understanding what he doth, will his own destruction, or contradictories together, and at the same time. And these things, and that they should be thus allowed to the people, are their derivative natural rights in an Ecclesiastical Uniformity; and that as flowing from their primitive right of the use of their judgement of discerning: And they are also some of their derivative Latitudes or Liberties relating to their performance of obedience to the Ecclesiastical Laws of Princes. An appendent question resolved. VI In the last place then, the appendent Question or Query that is here to be resolved, concerning the negative part of an Ecclesiastical Uniformity, and a mans not divulging his Opinion, and that particularly in the case of his downright dissenting from any Doctrine in the Canon, or form of worship in the Liturgy, (viz.) How far forth a man should tolerate any such Doctrine, Lib. 3. Cap. 4. §. 14. or Form of Worship in a National Church, rather than as much as in him lies to oppose it by divulging the contrary, and suffering in Testimony against it, is of kin to the Question above mentioned, of contending for the Faith; but is the negative opposite to that positive, and will be determined from the several following conclusive propositions; And those are, 1. That this Doctrine of Toleration by private men takes no place in the positive part of an Uniformity, (i. e.) in those things which a man either useth, as to his practice, or makes profession of assent to, as to his belief: And the reason is, because such toleration of such things includes a contradiction to the use and profession mentioned, and so renders both of them sinful: But a sinful, either profession or use of things, and that which is false and contrary to Faith, is not that kind of either, which is laid down as a medium for a charitative communion in an Ecclesiastical Uniformity. 2. The use of things and forms of Worship, as to the Liturgy, is here supposed to be more general; because the Liturgy being stated, the use of it, or, one way or another the partaking in the use of it, is supposed accordingly to be equally common to all: But than profession of assent, more specially in respect to the Canon of Doctrines, is to be distinguished: And it is either definite or indefinite, (i. e.) in respect to the object matter of it, or the Doctrines which profession is to be made to. The indefinite is, when it is not necessarily and definitely limited or determined, (either by any Act of a man's own, or act or intent of the Magistrate) to a certain number of things; and the definite is the contrary: And the one ordidarily takes place in the special sort of professors, and such as are more strictly tied up, either by Oaths, subscriptions, or the like in any National Church: And the other in the community, and contrary sort of persons: But it is the latter of these, (viz.) the generality and common sort of Church-members, who are here more principally and ordinarily concerned. 3. The Doctrine of Toleration by private men in any such case as this is, in the general, is expressly asserted, and approved of by the Divine Law of Christ; In that Text of St. Paul, Rom. 14.22. Hast thou Faith? Have it to thyself before God, (i. e.) dost thou believe such or such a thing, either to be true, or not true, lawful, or not lawful? Enjoy thine own belief for the satisfaction of thine own conscience: And that is as far as thou art (generally, and without a more special Call, and particular charitative obligation) concerned. 4. The more particular qualification of this Doctrine, and how far forth such a Toleration in this particular case, aught to be practised, is stated by the dictate of the Law Natural: And that from the General Rule for the determination of all such cases in an Ecclesiastical Uniformity, and which hath been all along hitherto mentioned. And that is, So far forth as it may make to the public welfare of the charge of the Magistrate, which always includes in it the sum of the two Tables of Moses (so frequently mentioned by the Casuistical Divines, and as being parallel to this in the stating their case in a notion separate from an Ecclesiastical Uniformity) (viz.) the glory of God, and the good of our Neighbour in any Society. 5. The conclusion of all then, from these prefatory positions, is, That from the measuring this case, in relation to particular things or Doctrines in an Uniformity, men are to consider the value and worth of such Doctrines in Religion; The Service they may otherwise do to God in their Calling, if they do not incur the penalties of an Uniformity by their divulging their Opinions against the present Ecclesiastical Laws; the high valuation that is to be had by every one of the welfare of the Magistrates Charge, and of Charity and Peace in the Church and State in order to it, and the like. And if these things be but considered, it is not ordinarily to be supposed, that there are things of such weight, and so unwarily proposed in any Canon of Doctrines in an Ecclesiastical Uniformity, as first, to deserve a man's total dissent from them, and after his violating the Common Peace and Profession, and stirring up Contentions, by reason of any real and so gross erroneousness that is in them. And these things do also in a more eminent notion concern the case of Revolting in any Church; and as that also hath its special reference to a presupposed definite profession. Last of all then, as to those (many times found in all Churches) who unwarily presume that they may vent their dissentings, in both these sorts of cases mentioned, when and how they please: And that God, and Conscience, and the Laws in any Society, are sufficiently satisfied, if they do but subject themselves in the mean time to the penalties annexed to an Uniformity. They are to remember that suffering is not at any time, or in any case to be incurred, but upon just cause and good grounds for it, and where doing, by reason of the malignity of the thing to be done, cannot be: And that, not it, but obedience is the primary intent of all Laws; and so even of any Penal Law whatsoever. And in vain also are the examples of the Apostles here alleged for men's irregularity, divulging of their Opinions in Societies: Whose case, of their first planting the Christian Religion in the world, was so rare and singular in the circumstances of it, as that the like cannot possibly now be met with in any Church whatsoever. CHAP. XI. Of the Testimonials to Profession in an Ecclesiastical Uniformity; And what they are. I. TEstimonials in the general defined and distinguished. II. The Testimonials to Profession must be such as fall under humane cognizance. III. The distinction of them applied. iv The Testimonials to Indefinite profession assigned. V And also those to definite. VI Both sorts of these Testimonials ought to be given in, sincerely, by the professors in Churches. VII. Whence the necessity of the Testimonials to definite Profession hath sprung in an Ecclesiastical Uniformity. I. TEstimonials, in the general, Testimonials in the general defined and distinguished. are things bearing witness to any thing: And they are either natural, or instituted, or mixed. And each of these are either such as in the matter of them fall under humane cognizance, or such as do not. The Testimonials to profession must be such as fall under humane cognizance. Supra. Lib. 2. Cap. 7. §. 10. & deinceps passim. The distinctions of them applied. II. Profession being assigned as the primary and universal medium for charitative communion in any Church, the testimonies given in to it in an Ecclesiastical Uniformity, must be accordingly such as fall under humane cognizance: And that whether they be of either of the more general sorts mentioned, either natural, or voluntary and instituted, or else mixed of both. III. The natural Testimonials to Profession, are, such as in their own nature of things import a witness-bearing to it. The instituted are, such as do so by institution. And the mixed are, such as do it both naturally and by institution also. The natural are equally common to all Societies, under their diversities of applications of them to their divers professions, and more particular affairs; the instituted are more proper to some: And so are the mixed in their more particular applications before others of the same kind; and that all of them, whether they do testify either to definite, or indefinite profession. The testimonials to indefinite profession assigned. iv The testimonials to indefinite profession (of which soever of the sorts mentioned they are) are such as are required of all the members of any National Church in common: And they do use so to be required. Lib. 2. Cap. 7. §. 11. & alibi. Such are the outward practice of Doctrines, abovementioned; the being present ordinarily at the public worship; the partaking in it with others; the saying Amen to the Prayers of the Liturgy, framed according to the Canon of Doctrine; the making use of its several offices for Baptism, and the celebration of the Lords Supper, and the like. Such are also the using of the Church Ceremonies; the bearing of Church-Offices; the taking of Oaths for the discharge of them; nay, such is also men's very acquiescence under the Ecclesiastical Uniformity; and the like of either of the sorts of Testimonials. And also those to definite. V In like manner also are the Testimonials to definite profession on their part, (viz.) such as are required of some sorts of persons in special, to testify to their more special sort of profession: Such are Church-Oaths, Subscriptions, Declarations, Protestations, and the like: And these do use to be required of persons in more public and special sorts of station and employment, in relation to the Uniformity. Such as ministers, or Clergymen, of all sorts and degrees, are; and who ought to be more eminently exemplary to others in the matters of it: Such also as are Physicians and Schoolmasters; who are about the sick, who educate youth, and the like: Such Testimonials also are habits in Ministers: And by these and the like ways do obligations of all sorts use to be testified to, in special amongst men; Illud non interest, says Ulpian, qualis processit obligatio, D De novationibus, & Delegat. L. 1. ¶. Vnica. utrum Naturalis, an Civilis, an Honoraria; & utrum verbis, an re, an consensu, etc. That, that is not of weight what manner of obligation hath preceded, whether Natural, or Civil, or Honorary; D. eodem. L. 17. and whether by words, or the thing itself, or consent. And, Delegare Scripturâ vel nutu; ubi fari non potest, debitorem suum quis potest: That any one may assign over his Debtor, either by writing, or Nod, C. De Episcop. Audientia. L. Statuimus hoc Edicto. where he cannot speak And in the Code, Statuimus, hoc Edito in perpetuo valituro, ut Potestates, consuls, sive Rectores, quibuscunque fungantur Officiis, pro defensione fidei praestent publice juramentum, quod de terris suae jurisdictioni subjectis universos haereticos ab Ecclesia denotatos bona fide pro viribus suis exterminari studebunt. We do appoint by this Edict, to be in force for ever, that the Powers, Consuls or Governors, whatsoever Offices they discharge, do give in their Oath publicly for the defence of the Faith; that they will study really, and with all their might to exterminate all Heretics, which are noted by the Church, from the Precincts subject to their jurisdiction. C. Eodem L. prox. sequent. And in the following Law, Nemo militet, qui non apud acta testificatus cum tribus sit, propositis sanctis Evangeliis, se esse Christianum Orthodoxum: None shall bear Arms, who hath not testified in the presence of three Witnesses, upon Record, the Holy Evangels being proposed, that he is an Orthodox Christian. Vid. Quibus modis pignus, etc. L. non videbitur, et D. de probationibus & praesumpt. L. Census & monumenta. Et eod. L. 25. in fin. et D. de Test et qui Test. et L. ad Testium et L. singulos Testes. Et D. de furtis. L. 28. ¶ 3. Et C. de Summa Trin. L. cum velimus. ¶ 3. et novel. 131. Cap. 2. circa Med. See Chap. 1. in princip. Supra L. 3. Cap 1. §. 8. See Cap. 1. in fin. See the Laws and Statutes, paulo post princip. Supra Ibid. Both sorts of these testimonials ought to be given in sincerely by the professors in Churches. And the like constitutions up and down in the body of the Law are every where to be found; and so in other volumes of Laws and Constitutions in the world And, in the Corpus Disciplinae, he that is called to exercise the function of a Minister, is to subscribe The confession of Faith and Catechism used and authorized in the Reformed Churches of the United Provinces; and also the Doctrinal Decrees of the Synod of Dort, of the year 1619. and to submit to the Synod, as was . And a little after, The public Schoolmasters should be directed by the Ministers, what Books they are to read to their Scholars, and what prayers to use, etc. And in the Statutes of Geneva, there is the manner and form of the Oath which the Evangelical Ministers take before the Sindicques and Council, as was upon another occasion also. And the like Testimonials there are given in, in England, and in other Christian Churches. VI These then being both the sorts of Testimonials to be given in, in an Ecclesiastical Uniformity; there is one thing, in those that give them in, which there ought to be a special regard had to by them; and that is, their sincerity and reality of intent in their so giving them in, and exhibiting of them: And this is that which constitutes them to be formally such as to them. But otherwise they are in their intentions, but materially such as to others, and impostures and deceits, as to them. Those then who have sowed the contrary seeds of Doctrine in Churches (like Ulysses feignedly sowing salt in the furrows) are here to be condemned. Such are the Doctrines of being Actively and Passively present at Church-Services; Of using equivocation, mental reservation, and the like, in Oaths, and the like Sacred pledges: As if men might in these kinds of matters triumph innocently with him; Juravi lingua, mentem injuratam gero: I have sworn with my tongue, but I bear a mind in me unsworn still. But these Doctrines are Hypocritical in the sight of God; and generally, destructive to humane affairs; and have been invented for the serving of turns, in cases of irregular commotions in commonweals, and for the laying up of parties in silence against another day; and who (like Cadmus his teeth from the Earth) may upon occasion start up men of steel. If we shall admit of them, what shall become of all Faith amongst men, and of all security to the Common Peace of Princes? The Dolus malus, so frequently termed so by the Civilians, hath been decried a million of times by all Laws. And the grosser Doctrines of equivocation, and mental reservation, have not escaped the condemnation of some of the very Roman Doctors themselves: Dicere non feci, quod tamen feci; licet cum hac mentis limitatione, ut tibi significem, non est aequivocatio sed mendacium, says Sotus: De Just. et jur. Lib. 5. Quaest. 6 a 2. Vid. Lib. 11. Cap. 4. Variar. resolute. Lib. 1. Cap. 2. N. 2. etc. 2 Kings 5.19. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Integritas, Rectitudo, &c Schindler. in Pentaglott. The significant word. See Hist. of the Council of Trent, Fol. 52, 53. De Offic. Lib. 1. De vita Phil. To say, I have not done a thing, which yet I have done; although with this limitation of mind, that I may signify it to you, is not equivocation, but a lie. And the like Azorius, Covarruvias, and others. And if exigencies of special cases be alleged for the warranting the use of these Doctrines; the Apostolical Rule is, That Evil is not to be done that good may come of it. Elisha's Lec le Shalom to Naaman in the Scripture may be interpreted as a common valedictory form of Speech: Or else as a downright reproof: Shalom being applicable to integrity of manners, as well to that of body, or the like. And the case of the Elector of Saxonie's bearing the Sword before the Emperor, in the Diet of Ausburg, and assisting at the Mass, was condemned even to derision. And if men will, they may learn the lesson of sincerity from the Heathen Sages: Compendiaria est via ad Gloriam, ut qualis quisque haberi vult, talis sit, says Cicero: That the short way to Glory is, for every one to be such as he would be accounted to be. And Diogenes in Laertius, Trojanus Equus idcirco fefellit, quia formam Minervae mentitus est: That the Trojan Horse therefore deceived, because it falsely represented the form of Minerva. And, Vis videri ab hominibus, an non? Nunquam bonae honestatis est longa simumulatio, Epist. 10. says Seneca: Wilt be seen of men, or not? A long dissimulation is never of right honesty: So than these principles of dissimulation in an Ecclesiastical Uniformity ought not to be suffered by Princes. Whence the necessity of testimonials to definite profession, hath sprung in an Ecclesiastical Uniformity. VII. Last of all, the necessity of Princes exacting the special sort of Testimonials mentioned in their Ecclesiastical Uniformities, (as well as in their other affairs) hath sprung from the weaknesses and corruptions of men. The simple vulgar have been always found so ductile and easily to be deceived; and the lusts of Haeresiarks and Ringleaders of Sedition have been in like manner found to have been so active and prevalently impetuous in all Societies; that Princes have had reason to think, that they could never too much secure the state of their affairs by any of those lawful ways whatsoever. And these things will be sufficient for an answer to those, who have thought that Christian liberty, and liberty of Conscience, and the like, have been impeached by them. CHAP. XII. Of these Testimonials as Religious Bands: And in what manner, upon what grounds, and to what things they oblige. I. THe consideration of these Testimonials as Religious Bands. II. First, more generally. III. And secondly, more particularly. IU. First, under what particular notions, and in what manner they oblige. V And that first, as Laws. VI Secondly, as men's own Acts passed. VII. In both these respects absolutely. VIII. Secondly, upon what particular account they oblige. IX. First, Antecedently, upon the account of men's being Members of the National Church. X. Secondly, Consequentially also, upon the account of their having exhibited them as such. XI. Thirdly, by both these sorts of Obligation absolutely, upon the account of the hurt ensuing from the contrary. XII. Thirdly and Lastly, to what things they oblige. XIII. First, the definite and indefinite to their different sorts of matter. XIV. Secondly, mixedly, both of them to the making use of the Instruments of the Uniformity. XV. Thirdly, to the continuance in Profession. XVI. Lastly, to the not divulging men's opinions to the public hurt. I. HAving thus then absolved the consideration of these testimonials as such; The consideration of these testimonials, as Religious bands. I come next to consider them as Religious bands and ties upon men's Consciences; And that also in relation both to the common and special sort of profession mentioned. And that, 1. More generally; and secondly, more particularly. II. First more generally. First more generally. And so, 1. That they are intended (both sorts of them) to oblige in the general, it is evident both from their being parts of the Uniformity enjoined by Law, and also such specifical parts as testimonials are. Besides, that some of the special sorts of them, and such as are promissory, are, not only by the intention of the Magistrate, but in themselves and eminently, religious bands. 2. This also is here further to be noted, that there are the same Latitudes (heretofore mentioned) allowed to them as obligations, which are allowed to them as testimonials, and to the profession made of which they are testimonials. And secondly, more particularly. First, under what particular notions, and in what manner they oblige. III. And more particularly we shall assign under what notions, in what manner, and to what particular matters they oblige. IU. First, under what notions, (i. e.) notions proper and belonging to them in this their capacity, amongst the other matters of the Uniformity; and although also in this particular, of their forming these notions to themselves, men are equally left to their Liberty, as in the forming any other whatsoever. And that first, as Laws. V First then, these matters testimonial in an Ecclesiastical Uniformity oblige as Laws, and as being legal parts of the Uniformity itself, as hath been already hinted. And so, whether they are either of the Common or special sort; whether parts fixed, or at any time superadded, they oblige antecedently, and to the giving of them in, as such testimonials. Testimonials exhibited to profession in an Ecclesiastical Uniformity are of two sorts: Either voluntary, (and those are but accidental as to particular persons, and the Magistrates intent relating to them; and therefore more rare, and so but reductively belonging to be treated of here; and there is no antecedent obligation, upon the account of which they are given in) or else they are enjoined, and such as have been mentioned: And there is always an antecedent obligation belonging to them, and as the formal cause of their being given in. Secondly, as men's own Acts passed. VI In the second place, these testimonials oblige also as being exhibited as such, (i. e.) as men's own acts of such a particular kind passed by their exibiting of them: And so they oblige subsequently, and as having been before given in to profession, which is still the thing they oblige to ultimately in their kind; and as it is the primary universal medium for communion, and as being therefore the last end of them in this matter as Humane Laws, and under whatsoever other notion they may be thought by any particular person to oblige. Thirdly, in both these respects absolutely. VII. Thirdly and lastly, they oblige, both by this their antecedent and consequent obligation, absolutely, (i. e.) to the profession to be made under an absolute notion of the Truth and Lawfulness of those things which are to be the object of that profession of assent so to be made: And then, Lib. 3. Cap. 10. §. 5. whether it be either absolutely probably, or absolutely certainly (as was above hinted) that this profession of assent be yielded, it matters not. VIII. We come then next to assign upon what particular accounts and grounds it is, that they so oblige: Secondly, upon what particular account they oblige. First, antecedently upon the account of men's being members of the National Church. And so IX. First of all also, they oblige antecedently, upon the supposition of men's being members of the National Church, in which they are enjoined to be exhibited; otherwise not so. For, to corporations of Strangers, to Merchants, to other professions tolerated, besides that of the National Church, generally in all Societies, are immunities and peculiar freedoms from the injunctions of exhibiting of them conceded: So in the very Roman Church itself, amongst those that are called Christian; and even in the severest and most Catholic Territories of it, in some measure or other: So also amongst the Mahometans, and others; and generally for the commodiousness of Traffic, and the prosperities sake of mankind in all Countries, the law of Nations will not have it to be otherwise. In Rome itself the several Countries have their Cardinal's Protections, and connivance at least. And the Patriarch of Constantinople resides there in the quality of an Ambassador for his Churches, Script. An. 1575. says Stephanus Gerlachius in his Letters to Crusius. X. In the second place, Secondly, consequentially also, upon the account of their having exhibited them as such. they oblige consequentially upon the supposition of men's having exhibited them as such members of the National Church also; but otherwise not so neither: And that upon the same accounts which were last of all mentioned, mutatis mutandis, and their proper respects being had to this sort of the obligation of these Testimonials. XI. In the third and last place, they oblige, Thirdly, by both these sorts of obligations, absolutely upon the account of the hurt ensuing from the contrary. both by this their antecedent and consequent obligation, absolutely also; upon the account of that hurt, and at last final destruction, which the permission of their obliging conditionally will bring to an Ecclesiastical Uniformity, and to Humane Societies: For if the conditional notions, of, so far forth only as things are True and Lawful, according to Scripture, or the like, shall be permitted (in this case) and in respect to those things which profession of assent is to be made; who sees not but that this permission will evacuate the third notions fundamental to the National Profession; and so the National Profession also itself (which is fundamental to the whole Uniformity) and the utmost intents of it in the latter end? And then together with the Uniformity, the very Government of Humane Societies also, and the consistency of Religion with it, (both which are to be supported by that Uniformity) shall go down. If it be said to this, that the negative part of an Uniformity is sufficient for the preventing of these confusions; We answer, No: Not to a parallel degree; nor at all, in the case of Emergent Controversies: in which Nature itself (as was said above) directs to some fixation of Doctrines (and so of Forms of Worship) by some Judge appointed for that case. Lib. 3. Cap. 1. §. 12. And the way of knocking both Opinions in the Head, only by silencing them, is brute, and not satisfactory to Reason, and so not sufficient for the ending of Religious strifes amongst Rational men: But it leads still (in this general and simple consideration of it) to the denial of the real existence of any such thing as Truth in Religion; and so to Atheism, and the denial of Religion itself; and so to all the causes of Confusion in its kind also in the latter end. And for this reason it is, that there is no Society, where (if it continues long enough in being) there is not some National Church kept up, notwithstanding any mixture of Professions, which may be otherwise tolerated in any of the ways which have been heretofore mentioned. Nay, if it were no more but the very Magistrates being of some one of those professions, supposed to be all of them purely and equally tolerated and mixed in any Country, it would come to determine the controversy in this matter amongst them in the latter end: So that upon these accounts it is, that this absolute obligation mentioned, must be thus annexed to these Testimonials. In the case of the Uniformity of England, in this particular, it was the report made by Wray, Chief Justice in the King's Bench, and all the Judges of England; That, Whereas one Smith subscribed to the Nine and Thirty Articles of Religion, with this addition (so far forth as the same were agreeable to the Word of God) That this subscription was not according to the Statute of the 13 of Elizabeth, because the Statute required an absolute subscription, and this subscription made it conditional: And that this Act was made for the avoiding of diversity of Opinions, etc. And by this addition the party might by his own private opinion take some of them to be against the Word of God. And by this means diversities of Opinions should not be avoided (which was the scope of the Statute) and the very Act itself made touching subscription should hereby be made of none effect. Thirdly and lastly, to what things they oblige. First, the definite and indefinite to their different sorts of matters. XII. Last of all, we come to assign to what things, and matters of duty these testimonials oblige: And so also, XIII. First of all, the testimonials given in to indefinite profession oblige to indefinite matter; and those to definite, to definite matter: In both, the matter is according to the profession, and the obligation is according to the matter, and the latitude of it. And the sort of this Profession, called indefinite, is here thus to be asserted, because it is in all Churches generally indefinite in itself; it not being determined by any thing. If the intent of the Magistrate (in the very proposing of his Uniformity, and the Laws of it to be observed) be said to determine it; it will be denied, that there is any such intent of his imported in that Act of Proposition: And that because the indefinite profession mentioned hath all the properties suitable to the several notions and modes of things concerned in such an Ecclesiastical Uniformity. For, as on the one hand, it doth not necessitate to a total profession; so, on the other hand also, it doth not suppose, but that the profession in the mean time may be total; or else however, but that the Canon of Doctrines and Liturgy are so warily and skilfully composed, (the latitudes also which have been mentioned, as belonging to the making this profession being considered) as that the profession mentioned will be ordinarily deficient, but in some, either very small, or few things. And then it follows, that it is better for the public charge of the Magistrate, that the accidental case of toleration by private persons should be left open to the Generality of the members of any National Church; (they not violating the common profession of any outward Act in the mean time) nor he, nor any one else, not taking any cognizance of any such toleration as to any particular persons) then that (they being on the contrary tied up to a total definite profession) they should for every, either particular or small dissent, be forced to violate the common profession mentioned, either by changing the Soil (it is ten to one declaredly for that cause) or else by scismatically publishing those their dissentings at home. If the edge of these things be again turned back upon us, as to a definite profession of those select sorts of persons mentioned: And if it be said, that the inconvenience will be the same in any National Church as to them: The answer is, that those special sorts of persons are but few comparatively, in any Church: That the special reasons for their special sort of obligation have been partly mentioned: That they are generally of more knowledge to discern and reconcile things: Or that any of them however have the liberty not to enter upon such employments in Commonweals, as require their giving in their Testimonials to such definite profession as hath been mentioned. And then this liberty being granted, it is all the reason in the world, that the respects of private persons in this matter should give place to those of the Public. Against Knott. See, in his Preface, §. 39 The judgement then of Mr. Chillingworth concerning the Uniformity of England is here to be reprehended, (viz.) That all that was meant by subscription in the Church of England, was, That the constant Doctrine of it was so pure, that whosoever believes it, and lives according to it, undoubtedly shall be saved: And that there is no error in it, which may necessitate or warrant any man to disturb the Peace, or renounce the Communion of it. This would serve well for Doctrinals, relating to indefinite profession; but neither for Doctrine nor Worship relating to a definite. Secondly, mixedly both of them, to the making use of the instruments of the Uniformity. XIV. In the second place, these testimonials (both sorts of them mixedly) oblige to the making use of the instruments of the Uniformity: And that both as to their géneral end (which is immediately the promotion and welfare of the Uniformity itself) and also as to any of their particular ends whatsoever, which also in their several kinds are always to be directed to their general. And the Reasons of these things are, because what a man professeth assent to, it is supposed that he is willing to promote; and if to promote it, then to undertake to use the means necessary and injunctively appointed to him for the promotion of it, and the welfare of it. And such is the using the instruments of the Uniformity appointed by the Magistrate, in respect to the welfare of the Uniformity itself. And the use of such instruments is diversely prescribed, and according to the diversity of the natural and ordinary intent of them, in all Churches, and as hath been all along hitherto, in the places proper to the mention of these things, mentioned by us: And as to their tending as such to their immediate general end; things and cases, and circumstances concerning both, are to be carefully heeded, by him that will aright, and as he ought to do, make use of them to that end. And in such cases, where reason and prudence shall suggest it, the mind of the Lawgiver is oftentimes to be preferred before the Letter of the Law: And that also is to be always judged of by its more eminently tending to the general end mentioned. Thirdly, to the continuance in profession. XV. Thirdly, The giving in such testimonials doth oblige also to the continuance in profession of assent once made to the Uniformity. And the reasons for it are evident also, (viz.) because of the great hurt which comes to the Magistrates Charge every way by revoltings. And because that therefore those testimonials are intended as cautions, and obligations de futuro; the welfare of the Church and State for the future being intended, as well as that, at any time, for the present; And such future welfare of them depending also upon the future deportment of the Conformists, in relation to the Uniformity, as well as the present upon that for the present. And if any of those conformable practices (which we last mentioned) make to the welfare of the Uniformity; then much more that profession upon which they are grounded. And then, if the continuance of such practices be required, much more of such profession. Lastly, to the not divulging men's Opinions to the public hurt. XVI. In the fourth and last place, the giving in the testimonials (both sorts of them) doth oblige also to the not divulging of men's Opinions to the hurt of the Public Charge: And that, either of their different notions, about any of the matters of the Uniformity; or else of any of their Notions, in case of absolute dissent from any of the matters of it. And as to the last of these things, men are to take great care (for the reasons up and down in this Discourse severally mentioned) that they do not, either lightly dissent, or else publish their dissentings. CHAP. XIII. Of men's Liberty of opining and exercising their judgement of discerning concerning the matters of the Canon and Liturgy, and how far it extends. And some cautions concerning such the exercise and spending of it. I. THe liberty of opining applied to the matters of the Canon and Liturgy. II. The matters of the Canon and Liturgy distinguished. III. The due extent of men's liberty of opining, in relation to them, stated. IU. Lastly, some cautions, concerning such their opining, laid down. V First of all, Negatively. VI Secondly, Positively. The liberty of opining applied to the Canon and Liturgy. Lib 2. Cap. 3. §. 3, 4. & alibi. I. THe liberty of men's exercise of their judgement of discerning being more generally, and in its due latitudes asserted above; we come here to apply it more particularly to the matters of the Canon and Liturgy. And that the Church and the Magistrate do concede it in those due latitudes in respect to them, it is evident from hence, because they do not in their proposing of them intent to violate either the Divine or Natural Law by their unjustly infringing of it. The matters of the Canon and Liturgy distinguished. II. The Doctrines then of the Canon are either, stated or occasional: And so are the Forms of Worship in the Liturgy, or any additionals made to it, either temporary or perpetual: And both these in any National Church, of any kind of Religion whatsoever, considered either in the special or individual notion of it. And the Doctrines and Forms of Worship stated and ordinary in any of these Cases, are ordinarily more plain and necessary, as hath been all along supposed: The due extent of men's liberty of opining, in relation to them, stated. Vid. Lib. 2. Cap. 3. §. 4. although perhaps the occasional may be the contrary. III. The Query then, concerning the due extent of men's opining concerning the matters of the Canon and Liturgy in particular, is here and from hence to be resolved, after the same manner that it was above in the general, and concerning other things. And that is, that to persons intelligent, and who are sufficient (both in respect to prudence as well as perspicacity) to judge of such things: God and Nature have allowed the liberty of the ordinary exercise of their judgement of discerning universally, and according to the latitude of its adequate object, and in relation to all the sorts either of Doctrines or Forms of worship mentioned in any National Church: And that for many reasons, relating both to the good of Religion and Government, and the consistency of Religion with Government. But to the vulgar, and persons insufficient actually and ordinarily not so. And the reasons for this are evident, (viz.) because that, as the ordinary meddling of such persons with matters purely speculative and opinionative (as those terms are taken in their more ignoble sense) is as to them impertinent; so also is their actual meddling with such matters of Religion less fundamental and doubtfully revealed generally and ordinarily of very ill consequence, in many respects, both to themselves, and the public charge of the Magistrate: For, it takes them off from looking after the fundamentals of Religion, which must bring them to Heaven: It influences their brains to an excess (as madman's are) with the too great nicety of notions: It makes them a fit prepared matter for any Heresiark to work upon, and lead away, and the like, both to the ruin of all substantial practice and sound Religion, and of all Humane Society. And for these and the like Reasons it is, that the state of this case here laid down, as it is asserted and countenanced by the Scriptures, so also it hath been generally practised by the Governors in all Societies. The Christian Scripture says, Rom. 14.1. Him that is weak in the Faith receive you, but not to doubtful disputations: And, concerning both St. Paul's Epistles, and the other Scriptures, That there are in them some things hard to be understood, 2 Pet. 3.16. which they that are unlearned and unstable wrist, as they do also the other Scriptures, to their own destruction. And the Laws of Countries have proceeded in the like manner: So his present Majesty of England, in his late Letter to the Archbishop of Canterbury, appointed him to see, See, the King's Letter. that the Ministers did preach in their Pulpits the most Christian Doctrines of Repentance, and Faith, and of Humility, and Charity, and Good works, and the like; omitting unnecessary Controversies, according to the Scripture Doctrine, 2 Tim. 2.23. See, Chap. 31. Of Ecclesiastical exercises in the Congregation. See, p. 3. So also the very Corpus Disciplinae appoints the after-noons Sermons to be for the Exposition of the Catechism in a plain and familiar stile. And, the Laws of Geneva prohibit any strange manner of handling the Scriptures (in public) which may turn to offence; Curiosity to search vain Questions, and the like. And the state of this question, laid down after this manner by us, is suitable to the distinction of definite and indefinite profession already mentioned. And the Divines do give their several Reasons, why, notwithstanding, things difficult, as well as plain; and things speculative and remote from the foundation, as well as things practical and more necessary, are laid down in the Scriptures. Lastly, some cautions concerning such their opining laid down. iv In the next place then, we come to lay down some cautions concerning men's opining, in relation either to the matters of the Canon and Liturgy, or others: And that first, negatively; and secondly, positively. First of all, Negatively. V First of all, Negatively. And that, 1. That they make not their inward heats of spirit, accompanying their opining, to be the Rule by which to judge such their opining to be true. For this leads directly to Enthusiasm. And by the heats exerted in the way of any of the faculties or passions of men's minds, either of confidence, or zeal, or desire, or love, or especially of comfort, or the like, how easily and infinitely variously, both Satan (appearing as an Angel of Light) and mens own Fancies may delude them, we leave it to be discerned from the writings of those who have treated on purpose of such things. In the interim, if heroic motions of God's spirit, extraordinary impulses, Christian experiences, and the like, shall be pretended; the Scripture is to be the Rule for the trial of all these things, and that as they relate either to opining, or outward actions proceeding from them, 1 Joh 4.1. Believe not every spirit, but try the spirits. And if the contrary to these things shall be permitted in any Society whatsoever, and according to the diversity of prescripts of Religion; who sees not (the weaknesses and corruptions of men being considered) but that it will quickly evacuate and destroy all Religion and Government, and consistency of Religion with Government. 2. That they make not neither the Holiness of persons to be the Rule by which to judge their Opinions to be true. For, Holy men are fallible, as well as others, and many times weak in Judgement, and God hath not obliged himself in the general to direct any certainly, any further than in fundamentals. Besides, Holiness is many times pretended and counterfeited on purpose for the guilding over of men's actions and designs, and the dazzling the eyes of the people, who are not able to put a difference betwixt shows and things, and are taken with nothing so much as with shows, and with no shows so much as with those of Religion. Sozom. Lib. 5. Cap. 15. It is recorded of Julian the Apostate, in the Ecclesiastical History, that he wrote in his Letter to Arsacius the Chief Priest of Galatia; That if he would have the Gentile Religion increase as the Christian did, he should take the Form of Religion and show of Holiness upon him, and cause the like to be done by others: That he should encourage good Works, and Holiness of Life; that he should not suffer the Priests to frequent Taverns, nor Plays, nor to do any thing which was not of good Fame, and the like. And many the like other precedents in this matter are extant in Histories. Secondly, Positively. VI We come then to our cautions positive; and those are also, 1. That men weigh both sides of controversies: And especially, That they consider the reasons which Authority hath for things, as well as those which are alleged against them. Alexander is said, Apud Plutarch. in Alexand. When sitting in judgement, always to have used to stop one ear with his hand while one accused, and to have opened it, for the other while he justified and purged himself. And, audire alteram partem, is a piece of Justice that is universally due, but much more to Public Authority. And many times innovations in Societies, are carried on by popular cries, and pretensions, and great shows and colours for things, amongst which the considerations of the ordinary sort of men are drowned over head and ears (like a vessel over-laden sinking in the water) while the constitutions of Authority are not considered of, neither as to the long time (perhaps) for which they have been settled; nor as to the many wise heads from which they have proceeded; nor as to the reasons of weight, upon which they are always to be supposed to be founded. 2. That the special consideration of Religion's consisting with Government be thought of. And then this will easily untie many knots, which may otherwise seem to be in things; for many things are appointed and done in Ecclesiastical Polity, for the preservation of this consistency. And this is most certain, That, quid proximum is sometimes to be chosen, and not quid optimum; not what is simply best in itself, but what is next best for such or such a Society. 3. And lastly, That Scripture be made the only ordinary and constant Rule for the measuring the Truth of men's opining by. Lib. 3. Chap. 1. §. 2.12 etc. For both the Canon and Liturgy refer to it as their Divine Rule, as hath been heretofore mentioned. CHAP. XIV. What are the more particular Restraints and Liberties; and the Rights of the Magistrate relating to men's divulging of their Opinions; especially concerning the matters of the Canon and Liturgy. I. THe more particular Restraints and Liberties, and the Rights of the Magistrate, as to men's venting their Opinions, annexed to their General Rule. II. Divers have been the degrees both of such Restraint and Liberty, in divers Societies. III. The restraints and liberties common to all Churches here to be laid down. iv The position, or removal of either of them will evidence the other. V The ways of men's divulging their Opinions distinguished and referred to the restraints and liberties mentioned. VI The Query concerning the permission of mixtures of professions obviated. VII. The more particular restraints and liberties laid down. VIII. First, as to the matter of men's Opinions. IX. Secondly, as to the manner of divulging them. X. Thirdly, as to persons divulging of them also. XI. Fourthly, and lastly, as to the time of the divulging them. XII. Last of all, the Magistrate hath the Supreme Right and Power in all these things. The more particular restraints and liberties, and the Rights of the Magistrate, as to men's venting their Opinions, annexed to their general Rule. I. THe General Rule of men's not divulging their Opinions to the breach of the Peace, and the consequent hurt of the Magistrates charge by it, having been all along hitherto laid down; and the negative part of an Ecclesiastical Uniformity consisting in the observance of it; I here come to the assignation of the more particular restraints and liberties, and the rights of the Magistrate, relating to the general matter of it. II. And first of all, divers have been the degrees either of restraint, Divers have been the degrees both of such restraint and liberty in divers Societies. which hath been held over men, or else of Liberty which hath been conceded to them, either as to the divulging or not divulging their Opinions in several Societies; and that where there hath been the positive, or else only the negative part of an Ecclesiastical Uniformity. In Spain, and generally where the inquisition is in the Roman Church, men are not permitted so much as to discourse in private against the matters of the Uniformity: And if they do so, any of the company is taxable by the same Court, for not detecting and revealing of it. In the European Churches, dissenting from the Roman, generally is held the quite contrary course. And both Table discourses, and others, both Pro and Con, concerning the matters mentioned, are tolerated. And in some, both of those Churches, and the other of the Roman communion, there is a mixture of professions both tolerated and countenanced in their several degrees: As in France, Holland, Poland, and the like Countries at this day. And every State Acts in this matter according to its present occasions. III. But I intent not here only to give particular instances of these things; The restraints and Liberties common to all Churches here to be laid down. The position or removal of either of them will evidence the other. The ways of men's divulging their opinions distinguished, and referred to the restraints and liberties mentioned. The Query concerning the permission of mixtures of profession obviated. but to lay down the restraints and liberties which are common and ordinary (and aught to be so) generally to all Churches. IU. And because the matters of restraint and liberty are privately opposite; therefore by the position or removal of either of them, in relation to the members of Churches, the other will be discerned. V The ways of men's divulging their Opinions then, are either more or less solemn. The less solemn ways are, by private Discourses, Conferences, and the like. The more solemn, by public Preaching, Printing, and the like. And, concerning both these, the restraints and liberties mentioned are to be assigned. VI But first of all, the Query is here to be obviated; Why outward profession (taken in an abstracted sense, in respect to either of these or the like particular ways of venting of Opinions mentioned) since it is in itself one of the more solemn ways of such venting of them, is in many Societies tolerated; where perhaps either of the particular ways of either sort of them mentioned is not? Answ. The Answer will be from the consideration of the different effects of these several particular ways of divulging of Opinions upon the charge of the Magistrate, and the state of humane affairs: And that is, that because that the ways of venting of Opinions by words, (either spoken or written) are naturally apt and fit, as to give men more particular informations, so also to excite in them both more particular, and also more vehement passions concerning things, then general and abstracted profession is; and so consequently, where different matters of Religion are, are more apt (by far) to hurl them into Religious contests (so many ways dangerous to the public:) Therefore it is, that the way of contradictory divulging of Opinions by the mixture of professions is tolerated (and that with safety to Societies, as experience shows) though not so complete as it otherwise might be) where notwithstanding the other ways of so divulging them by words (at least to the same degrees of solemnity) are denied to men. For by particularities and vehemencies (both in matters of Religion and others) are the most irregular and dangerous passions stirred up amongst men. Lib 2. Cap. 9 §. 8. ad fin. And to this topic is the use of those extremes (heretofore mentioned) in the Roman Church (viz.) of prohibiting Books in the vulgar tongue, of establishing the doctrines of the use of Images, general devotion, implicit faith, and the like, to be referred, if any man will seek after a reason of them. The more particular restraints and liberties laid down. First, as to the matter of men's opinions. VII. These things then being thus said, we come next to the assignation of the more particular restraints and liberties mentioned: And those are, VIII. First of all, as to the matter of men's Opinions: And so first, in respect to the Canon and Liturgy, some things perhaps are not defined, neither by the Canon nor Liturgy, nor otherwise: And so are neither doctrines, nor prescript forms of worship of the National Church. And in such things there is in all Churches ordinarily a greater liberty of divulging men's Opinions supposed to be conceded to them; so in the Church of Rome, as to their learned men's actual debating points not defined; and the like in other Churches proportionably, and according to their several particular constitutions. The general Rule still being heeded of the public charge of the Magistrate it's not being damnified, neither by the breach of the peace, nor otherwise. 2. Some Opinions perhaps are dissentings from the Canon, proper to the case of indefinite profession; and men are to be very wary of divulging them, to the hurt of public authority, by which the whole Society is preserved. 3. And lastly, Some Opinions also are differences about the Canon, proper to the case of definite profession: And there is usually supposed to be a lesser degree of restraint held over the divulging of them. Secondly, the matter of men's Opinions is considerable also, in respect to Religion: And so, 1. Some things are controversal, and dubious, and the like; and so fit to be debated only ordinarily in Academies, and places of Learning, amongst Scholars, and persons intelligent. And it were no matter if such controversies were, to a degree fitting, permitted in Churches; if it were but to keep wits in ure and employment, and to provide Champions for those Churches upon occasion. Apud. Flor. Lib. 2. Cap. 15. As Nasica gave Council concerning Carthage, That it was not to be razed, That the Roman People might always have an Enemy to contend with. But the great caution in this matter is, that the people are not to be called down into these Sands in the mean time. The common Adage were better for their Litany. A medicorum Recipe, A Juris Consultorum excipe, A Theologorum distingue, Libera nos Domine: That they should pray to be delivered From the Receipts of Physicians, The Cases of Lawyers, And the distinctions of Divines. Secondly, some things are practical, and such as concern good life and Godliness. And Scripture, and Reason, and Prudence, will allow a greater liberty about them. men's divers notions concerning them may tend to edification ordinarily, and not to destruction. IX. In the second place, we come to the liberties, Secondly, as to the manner of divulging them. in respect to the manner of men's divulging their Opinions. And so also, 1. It should be with humility and submission, and not on the contrary, with pride and confidence, and singularity, and the like, at least before the people. 2. There is a less degree of liberty conceded to intemperate zeal, and undue vehemence of assertion, and the like. Not that it is at all the intent of the Uniformity to extinguish the Noble and Generous heats of such zeal as is truly Christian, but only to regulate it, when it is unduly exerted. Where is men's zeal for practical Godliness? for the evident duties of the second Table? The thoughts of these things do use to be buried many times as deep as the centre, under the dusts of unprofitable and perhaps malignant Opinions; which use to be raised when men have a mind to innovate in Societies, and to gain the trophies of honour and temporal emoluments out of the hands of others. 3. Passionate expressions, and sharp reflections on others should be laid aside also. The Apostles themselves were fain to observe such rules as these, for the preservation even of their first Christian Church's, Phil. 3.15. If in any thing, says St. Paul, ye are otherwise minded, God shall reveal even this unto you. And reflections and passions, when once grown popular and common, are like the rise of the waves at Sea before a tempest, and do argue commotions and storms to be approaching in Societies. X. In the third and last place, Thirdly, as to persons divulging of them also. the quality of the persons divulging Opinions, is also to be heeded: And so, 1. Young men are supposed to be advised to a greater silence: And men of mean and weak parts: And for these principally is the use of Homilies appointed ordinarily in Churches. 3. It is but reason that persons suspected or observed to be seditious, disloyal, and the like, should be more narrowly watched over, and more nearly restrained, if there be occasion. And then, XI. Fourthly and lastly, all these sorts of persons and things, Fourthly and lastly, as to the time of divulging them. and the like to them, are then most of all to be heeded, when the present temper of the people is seditious, and any ways inflamed, either by some increasing or decreasing Sect or Sects in Churches. Only in some cases the heats of them are rather to be permitted to cool by degrees; then that at once there should be endeavours used to extinguish them. XII. In the last place then, the Magistrate, Last of all, the Magistrate hath the Supreme Right and Power in all these things. who hath the Supreme and ultimate power of laying a restraint upon the divulging of men's opinions in the general, hath also the same power of doing the same thing as to all these particular ways and cases, relating to the divulging of them, which have been mentioned: Especially, as to the more ordinary solemn ways of divulging of opinions: 1. By preaching; Lib. 3. Cap. 1. §. 17. and 2. By Printing. 1. By Preaching, as was mentioned above. So it is both amongst Turks and Christians, and all kinds of professions. See, p. 4. etc. And the Laws of Geneva prohibit the setting forth of strange Doctrine (in the Church) and the like, as was mentioned. And in Holland at this day, he that meddleth with State matters in the Pulpit, after two admonitions, hath two Stivers and a pair of Shoes sent him, if he do it the third time, and is forthwith banished the Country. De Origine Imper. Turk. Cap. De Sacerdotibus eor. 2. By Printing. And the use of the Magistrates Right of laying his restraint upon this too is in like manner common to all Countries and Professions, and to some in the extreme; so (says Georgieviz) amongst the Turks, Apud illos sane nullos vidi Typographos, etc. Amongst them truly I saw no Printers. De Gradibus Episcopor. in Graecia, etc. And Chytraeus of the Constantinopolitan Greeks; Typographiam nunquam habuisse creduntur: That they are believed never to have had Printing amongst them. And of the Jews there, Ibid. Habent enim Judaei Prelum, sed ut plurimum cessans: That, the Jews have a Press indeed, but for the most part not going. And, De Ruffor. Rel. etc. Davidi Chytraev. Paulus Oderbornius of the Tartars; Si Alcoranum, vel alium quemvis librum Typis Editum hic videre licuisset; eum certe vel magno pretio comparatum ad te misissem: If I had here seen the Alcoran, or other Book, set forth in Print, although I had given a great price for it, truly I had sent to you. And if we look nearer amongst the European Christians. Capit. Lib. 1. Lege 78.. Pseudographae, & dubiae Narrationes, etc. ne credantur, nec legantur: Let not libellous, and offensive Papers, either be believed, Hist. of Russia, Chap. 21. or read, say the Laws of Charlemagne. And of the Russians, Fletcher; Some years past, in the other Emperor's time, there came a a Press and Letters out of Polonia to the City of Mosko, where a Printing house was set up with great liking and allowance of the Emperor himself: But not long after the house was set on fire in the night time, etc. And in the Roman Church, it is part of the Office of the Inquisition to regulate Books and Printing. And, in the Acts of the late Synod of Dort, the regulating of Printing was one of the first things which the Synod took into consideration: Putamus rem esse omnino necessariam, & saluberimam, ut Licentia Typographorum reprimatur, etc. We think it to be a thing altogether necessary, and most wholesome, that the Licence of Printers be restrained, say the English Divines, Vid. Acta Synod. Sessione 22. Chap. Of the Ministers. Hist. Inquisit. Chap. 29. and so the others. And, the Discipline of the Dutch Churches: If a Minister have the gift of writing any thing for public Edification, he shall not put it in Print without the examen and approbation of the Classis. And last of all, the matter of Books (saith Father Paul, in the case of Venice) seems to be a small thing, because it treats of words. But through these words come opinions (saith he) into the world, which cause partialities, seditions, and finally wars. They are words, it is true; but such as in consequence draw after them Hosts of armed men. CHAP. XV. Of the Supervisors in an Ecclesiastical Uniformity. I. THe Reasons for the Supervisorship in an Ecclesiastical Uniformity. II. The several sorts of the Supervisors distinguished. III. The Supreme Supervisor assigned: And the Reasons for his being so. iv From whence he derives his Right. V The Deputative Supervisors further distinguished. VI The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or office of a Bishop in the Christian Church. VII. The matters to be Supervised by these Supervisors. VIII. The care to be taken in the Supervising of them. IX. The Ecclesiastical Tribunals for the exercise of that care. X. And the stated Circuits for Visitation. XI. The last Appeals aught always to be made to the Chief Magistrate. I. THe matters of an Ecclesiastical Uniformity then being of so great weight as hath been all along hitherto declared; The Reasons for the Supervisorship in an Ecclesiastical Uniformity. and the corruptions and weaknesses of men being so apt to intermingle with them, and to busy themselves about them; it is but reason that a superiorship should be Constituted in relation to them; and which is necessary to the Application of the more particular powers, and to any due care to be taken about them. Non tantum decenter leges ferre summo bono est, sed etiam sancita accurate custodire & ad effectum deducere, C. In Constitutionibus Imperator. Tiber. De Provinc. Praesid. Constitut. 3. The several sorts of the Supervisors distinguished, says the Emperor Tiberius in the Civil Law: That it is not only for the Sovereign good of Societies that Laws be well made, but also that they be well kept, and looked after, and brought to effect. II. The Supervisors then in an Ecclesiastical Uniformity are of divers sorts and degrees, in relation to the affairs of it: They are such either as Supreme, or Subordinate and by Deputation. And those by Deputation again are such diversely, and according to the several Modes of Ecclesiastical Polity in several Societies, and the occasions of them. The Supreme Supervisor assigned, and the reasons for his being so. III. The supreme Supervisor in every Ecclesiastical Uniformity is the Chief Magistrate or Sovereign Prince. And the Reasons for his being so are, both because he hath the supreme and universal charge of all, and the management of the affairs of it committed to him by God, as hath been heretofore evidenced; and also because he is supposed then by consequence, and from his actual Management of those affairs, Supra Lib. 1. Cap. 5. & lib. 2. cap. 6. §. 21. to have the best knowledge of all occasions both of Church and State, and which concern his Supreme Public charge mentioned. From whence he derives his Right. IU. And he hath the Right to this his Supreme Superiorship partly by virtue of his Supreme power over all, and partly by virtue of his indirect power in Spirituals; and by virtue of either, from the immediate donation of God. And this supreme Supervisorship is one of the Magistrates more particular Rights above mentioned: And he hath always held it generally in all Ages and Societies. The Egyptian Hieroglyphic for Government was an Eye in a Sceptre: and the chief Magistrate is like a watchman upon a Tower, who is to look down and view the general state of his people. The Deputative Supervisors further distinguished. V The Deputative Supervisors than are those also, who derive their Right of such their Supervisorship either from the Supreme Supervisor mentioned, or else from Christ: And they also are either Supreme or Subordinate, and these again either more or less Subordinate, either pro tempore, or pro perpetuo. And all of them are the Church Governors or ecclesiastics ordinarily, although sometimes others also, in any Society, either Christian or other, and in their several degrees and Spheres of Order and Government, and according to the several Modes of Ecclesiastical Polity in several Societies, and the Occasions of them; and who, so far forth as they are invested by the Supreme Magistrate, derive their Right either mediately or immediately from him; and so far forth as by Christ in like manner also from him. And this Ecclesiastical matter of Supervisorship; so far forth as it is Ecclesiastical, and relates directly to Religion; is always ordinarily and most properly thus to be committed by the Supreme Magistrate, and so far forth as belongs to him, to ecclesiastics or Churchmen; because it belongs to them in the nature of the affair, and in relation to their being such a peculiar sort of members of their distinct Church-Society, as was above mentioned more in the general. Lib. 2. cap. 6. §. 4. & 10. & alibi. And these supervisors also have been accordingly always divers, in the divers sorts of Churches and Societies that have been in the World; So in the state of the Jews, and in the Ancient Heathen Church-Societies, both amongst the Greeks and Romans, and others, as hath been also partly mentioned under another notion above. Lib. 2. cap. 6. §. 4. And in the Christian Church, whether more Primitive or Papal, the Records concerning these things are to be seen in the Code and Novels of Justinian, in the Body of the Canon Law, up and down in the Canons of Counsels, and the like. In the Code and Novels there are mentioned, Vid. C. I●e Epis. cap. & Cl●r L, 6. & p r Tit. & alibi. & Novel Vid. C●●stit. 5, 6. & 28. & 59 & 67, & 123. & alibi. Vid. S●xti lib. 1. Tit. 6. prope fin. Et ibid. Tit. 15. Et lib. 5. De Haereticis. Et Clementin. lib. 5. Tit. De Haereticis. Et alibi. The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or Office of a Bishop in the Christian Church. as was partly abovesaid, the Patriarchae Metropolitanis, Archi-Episcopi, Episcopi, Presbyteri, Diaconi, Subdiaconi, Exorcista, Lectores, Ostiarii, and Artolythi: The Patriarches, Metropolitans, Arch-Bishops, Bishops, Priests, Deacons, Subdeacons, Exorcists; nay, even the Ostiarii or Doorkeepers, the Arolytes or more inferior orders of Servitors in Church affairs, and the like others of divers sorts and degrees, as may be seen. And so also in the same Law there are to be seen the Papal Offices of Legate a latere, of Inquisitions, and the like described and recorded; and the like might be said also concerning other Monuments and Churches, either more Ancient or Modern, and as they have subsisted in their several times, or manners in the World. VI As to the Christian Church then in particular, and the offices constituted by Divine Authority in it, we have here lighted upon the office of an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Bishop, or Overseer Ecclesiastical of the affairs of it; and who is so termed, up and down in the new Testament, by way of Emphasis and Eminency, and in a way proper to himself, and distinctly from others. And he is the Supreme Supervisor in every Ecclesiastical Uniformity, who is purely Ecclesiastical; and who by virtue of the Institution of Christ, and according to his being endued with suitable Direct power in spirituals from him, is bound ex officio to look after the affairs of the distinct Society of the Christian Church in the General; besides what more particular powers he may, at any time, and in any more particular Mode of National society, derive from the supreme Magistrate, principally for the sake of the Consistency of Religion with Government. In the interim, this office he is ordinarily to spend his time in, and to look after, and to manage it with great care and prudence: and that because, without a due oversight of affairs, the particular Church Powers cannot be rightly applied and brought to effect, as was said; and without the Application of them aright, Hic Supra §. 1. there can be no well-being for the church-society. So then, the due discharge of this great office of trust is fundamental to the well-being of the Christian Church; besides also what respect it may have to the welfare of Civil Government and all Humane Society in any state or Commonweal. There are some who mix this supreme Ordinary Ecclesiastical Supervisorship; and who, by constituting the persons called Lay-Elders to be Jure Divino, do divide and share the Ecclesiastical Supervisorship betwixt Laics and ecclesiastics. So the Church of Geneva, See the Laws and Statutes pag. 1. & pag. 10, 11. both expressly and in effect, both by their constituting their Elders or Commissioners for the Seniory to be one kind of the perpetual Church-officers, and also by their appointing the Magistrates to choose two of the Council to join with the two of the Congregation chosen by the Ministers in the ordinary Act of Visitation, or supervising of affairs. But those, who thus mix the Civil and Ecclesiastical Powers, do practice against the Generality of Precedents of all former Churches, and Ages; and do so far forth as they thus mix their affairs, do that which tends to the confounding of the distinct Societies of Church and State in the World. The Ordinary Church-Office of a Bishop or Ecclesiastical Superintendent or Supervisor of affairs, with the reference of things sometimes to a Synod, hath been ever under Divers Modes and Polities, and generally in all kinds of Churches whatsoever made use of and asserted: and even in the Mahometan Church at this day they have their Cadii or Ordinary Bishops, Vid. Leunclav. Pandect. Hist. Turc cap. Gradus Legis etc. Et in Supplement. Annal. C. 1576. their Hoggiae or Prebyters, and their Talis-mani or Deacons; and the like have been also in other Ages and Churches: not but that the welfare of the people (which is the things certainly meant in the constitution of Lay-Elders) and of the Common Society, ought always to be provided for, and taken a care of in this matter of Church-Government, as well as others; but that is accordingly secured in this particular by the Liberty of Appeals to the Prince, who is the supreme Supervisor o'er all; and the powers attributed to the Lay-Elders are in the mean time misplaced in them. And if the Consistency of the Ecclesiastical estate with the Civil be alleged; it is also supposed to be provided for by the supervision of the Chief Magistrate. The matters to be supervised by these Supervisors. VII. The matters then to be supervised in every Ecclesiastical Uniformity, are, either Ordinary, or Extraordinary. The Ordinary do use to be comprehended within the Disciplinary constitutions or Canons of any National Church; the extraordinary are according to the emergent and temporary Occasions of it; and there are some of each of these which are of more moment, and some of less, in respect to the welfare of the Supreme Public Charge. The care to be taken in the supervising of them. VIII. And as to that great care also which ought always to be taken about the Supervising of these matters; the State both of Persons and Things ought to be taken cognizance of by the Supervisors in their several places: Their Eye ought always to be wakeful, like that of the Dragon watching over the golden Apples of the Hesperideses. And last of all, the first breaking's out of any Fire of Contentions, or of any other misdemeanours in the Church whatsoever, ought to be timely stopped: as the break out of Fire in the City, were to be stopped by the Praefectus Vigilum amongst the Romans. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. It behoves not a consultor of the Public Good to sleep all night. And Sciendum est autem Praefectum Vigilum per totam noctem vigilare debere, D. De offi●io Praefecti vigilum. L. 3. ¶. Sciendum est. & oberrare calceatum, cum Hamis, & Dolabris, etc. says Paulus in the Civil Law; That it behoved the Praefectus Vigilum to watch all night, and to walk on foot every where about the City with Hooks and Axes, etc. And Philosophus igitur, & iracundus, & volax, & robustus natura erit, qui civitatis Custos optimus est futurus, said Plato: That he who is a seeker after knowledge, and angry upon occasion, and active, stout by Nature, De Rep. Dial. 2. prope fin. is likely to be the best keeper of a City. IX. In order to these ends then, and for the due application of their several powers accordingly, the Supreme Ecclesiastical Supervisors ought to have the dispensing of Church Censures, The Ecclesiastical Tribunals for the exercise of that Care. and their Ordinary Tribunals and Consistories, or Courts Ecclesiastical, at which Causes may be heard, and matters, according to Truth and Piety, may be determined. The Sacrum Consistorium is many times mentioned in the Code and Novels of Justinian. Vid. C. De Jure jurando propter Calumniam dando. Principales personae. ¶. Sed si. Et alibi. And the stated Circuits for Visitation. And there are all the same reasons in nature for it in this matter, which there are for all other Courts of Judicature in others. X. The Ordinary Ecclesiastical Supervisors ought also to have their stated Circuits, or Journeys, or Visitation. And those, whether Deputative, or Personal; whether more or less frequent, according to the several Occasions and Constitutions of Countries: And he that Travels in those Circuits is called Visitator, aut Circuitor, and the like in the Code of Justinian: and those Circuits are in like manner common also to all National Churches. XI. Last of all then; De Episcop. & Cler. L. Omnem adhibentes. ¶. 9 Et alibi. The last Appeals aught always to be made to the chief Magistrate. and in relation to all these matters which have been mentioned; The chief Magistrate in every National Church ought always to retain the Right of receiving the last Appeals concerning them. And in this there will be this Right, necessary for his Government, done to him, and Sanctuary also provided for his people. And the Court of Rome then in this matter, unjustly demands Appeals to be made out of the Dominions of Princes. CHAP. XVI. Of the Supreme Interpreter in an Ecclesiastical Uniformity. I OF how great moment the Office of Supreme Interpreter is. II. The Authentic Interpreters in any National Church distinguished. And the Supreme Assigned. III. The Right of the Supreme, in respect to his Interpretorship, asserted. iv The Opposers of it Taxed. V The Principal Assistances, in respect to the Actual exercise of it, assigned also? VI The Conclusion of the Whole. Of how great moment the Office of Supreme Interpreter is. I. HAving discoursed over all these preceding matters, relating one way or other to an Uniformity in Churches, and the Constituting and rightly ordering of it; I come here last of all, to State the Office of Supreme Interpreter, and to whom it doth belong. Which Office, and the discharge of it, of how great moment it is, in respect of all Humane Societies, and the members of them, it may be more than conjectured from hence, (viz.) from such the Supreme Interpreter his becoming the Judge of Controversies, and having it in his hands at any time to fix what Doctrines of Religion he pleaseth in any National Church: which he that shall have the Faculty and Power of doing, what influence may he not have both upon all Divine and Humane affairs? and whether they relate either to Religion or Government, or the consistency of each with either! The Authentic Interpreters in any National Church Distinguished, and the Supreme Assigned. II. The Authentic and Public lawful Interpreters then in any National Church, and in relation either to its Temporary or Perpetual occasions to the Original Divine, or the Derivative Humane Canon of Doctrines, or to the Liturgy, or any other more derivative Writings, or other matters framed from it, and according to it; are of divers sorts. They are either Supreme, or Subordinate. The Supreme is the Chief Magistrate, as shall be further evidenced by and by. And the Subordinate are, ordinarily and most properly, in relation to matters directly concerning Religion; the ecclesiastics or Churchmen in any Society: And that in their several Capacities, and according to the Designation and intent of their Ecclesiastical Function in the general, and also as deputed in Ordinary by the Supreme Magistrate mentioned. And in relation to matters more directly concerning Government, he hath his Counsel, or Ministers of State (of what kind soever) ordinarily to attend him. Yet, Omnium tamen harum & Interpretandi Scientia, & Actiones apud Collegium Pontificum erat, says Pomponius in the Digests. D. De Orig. jur. L. 2. ¶. Deinde. Ex his. That the College Pontifical, amongst the Romans, had so great veneration showed to them, as that they had the power of Interpretation committed to them, even in Civil Actions and Causes. And this might be either for more Special or common reasons. The Subordinate Interpreters then again are such either in Conjunction one with another, as in the Church Representative; or else simply, and by themselves, as in more ordinary Cases. And in both these Capacities, they are so many times in Conjunction one way or another with the Civil Magistrate: And in each of these Capacities again their Interpretations also are such either pro tempore, or pro perpetuo. And those pro perpetuo, and fixedly, are ordinarily in Writing. And those pro tempore, and upon any temporary occasion, are either in Word, or in Writing. And the Interpretations of each of these sorts and degrees of Interpreters, aught to have their due repute and credit amongst men. The Liberties however, which have been heretofore mentioned as belonging to the members of any National Church, in respect to these Interpretations, Lib. 2. cap. 4. §. 4, 5, etc. And cap. 11. §. 6. & alibi. The Right of the Supreme, in respect to his Interpretorship, Asserted. being reserved to them in the mean time. III. But amongst all these sorts of Interpreters, it is the Supreme Interpreter still, who stands in the most important relation, as was said, to the matters of an Ecclesiastical Uniformity; and whose office therefore is here most designedly treated of. And the Chief Magistrate hath his Right and Title to this his Supreme interpretorship derived to him from all the three sorts of Laws, which are observable amongst men, (viz.) both from the Law Natural, and the Divine, and that of Nations also. 1. From the Law Natural. And it dictates his Right and Title to it, evidently and necessary, for the preservation of his Public Charge in all the parts of it, and especially in that of the Consistency of Religion with Government: Which, how easily it may be subverted, and the Magistrate wronged and ruined by any other, if he shall have the faculties of this Supreme Interpretorship in his hands, it was but now mentioned. And what a Temptation also the Magistrates Temporal Splendours, and his Crown and Dominions will be to any one, so to attempt the Ruin of him, it needs not be here mentioned neither. And this more particular Right and Power then of the Chief Magistrate is one Principal part of his Indirect Power in Spirituals; Lib. 2. cap. 11. §. 2. & 4. and which is more especially necessary for the retaining his more General Right above mentioned, of the framing his Ecclesiastical Uniformity in any Society. 2. In like manner also is this Supreme Interpretorship of the chief Magistrate dictated by the Divine Law of both the Testaments and Books of God. So in the Old, in relation to the Kingdom of Israel. At the delivery of the Law, at mount Sinai: Moses was God's Messenger most eminently Authorized, and went down, saith the Text, unto the People, and spoke unto them, Exod. 19.25. and vers. 24. But let not the Priests and the People break through to come up unto the Lord, lest he break forth upon them. And it was accordingly fixed for a perpetual Law in Israel; that the Supreme Judge of Controversies (as well Sacred as Civil) should be the great Synodrian, or King's Council, assistant to him, meant by the Judge in those days, Deut. 17.9. and 12. And this was the Right which was exercised by Jehosaphat, 2 Chron. 19.8. Moreover, says the Text, in Jerusalem did Jehosaphat set of the Levites, and of the Priests, and of the Chief of the Fathers of Israel, for the Judgement of the Lord, and for Controversies, when they returned to Jerusalem. And afterwards vers. 11. He deputed Amarieh, principally in all Sacred, and Zebadiah in all Divine matters. And who knows not but that the Supreme Authority in Israel did exercise the Supreme Power of Judging of all kinds of Superstitions, and Idolatries, Blasphemies, Heresies, and even of Prophecies, and Miracles, and the like? See Deut. 12.28, 29, 30, 31, 32. Deut. 13.1, 2, 3, 4, 5, 6, etc. Deut. 17.2, 3, 4, etc. Deut. 18.9, 10, 11, 12, 13, 14, 15, 16, etc. Levit. 24.10, 11, 12, 13, 14, 15, 16, etc. If we look into the New Testament, the same thing is assented to, and approved of by it: and although the Christian Church, at the Writing of it, were not National, yet it provides for its being National: It commands in the general, the giving unto Caesar that which is Caesar's, Mat. 22.21. It appoints in the case of the Trespass of a Brother, the telling it to the Church (i. e.) as dependent ultimately upon the Chief Magistrate, Matth. 18.15, 16, 17. It appoints Prayers to be made, for Kings, and for all that are in Authority; that we may lead a quiet and peaceable life, in all Godliness and Honesty, 1 Tim. 2.2. and the like. And lastly, the Apostles, when they practised the first Plantation, and setting up of the Christian Religion, against the like and Authority of the Governors of Judea, the Roman Emperors, and the like; it was in the reserved Case of a particular command from Heaven pressing them to it. 3. If we look then further, to the Law and Customs of Nations; the same Tenor of practice also, we shall find to have been generally every where observed, and in all Ages and humane Societies. And it is at least a compact generally amongst them, that the Sovereign Prince have the power of the Interpretation and judgement of any public Doctrines of Religion whatsoever, and of the admission and establishment of them in his Ecclesiastical Uniformity. So in the admission and establishment of their own Public Doctrines at home: And in all Embassies about the Admission and establishment of them abroad. So in the Entreaties and Supplications of exiled and dispersed Nations; and who are not associated locally under one Head: And so in any other of those that are; and whether they do at any time treat or intercede, either that their Profession of Religion may be only tolerated, or else established authoritatively as national in any Society. And the humane Histories, and other Monuments and Records abroad in the World, are full of the more direct instances in this matter. Amongst the Greeks; The Senate of Athens, and the Areopagus, and other Tribunals, did debate forms of Religion, Blasphemies against the Gods, divulging of Mysteries, and the like, both Sacred and Civil matters; In Solone. In Aristippo lib. 2. Orat. in Ctesiphont. paul post princip. D. De Orig. jur. L. 2. D. Eodem. L. 2. ¶. Exactu. Pro Domo sua. in princip. says Plutarch, Diogenes, Laertius, and others; to be propounded ultimately to the People. And Eschines recites the words of the Law against Demosthenes, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And whosoever receive the Powers of Interpreting the Laws from the People. Of the Roman State, says Pomponius in the Civil Law, that in the beginning of the City, Omnia manu a Regibus Gubernabantur; all things were governed immediately by the Kings. And afterwards, when public Authority had fetched Laws from Greece; it also gave the Power of the Interpretation of them. And Cicero in his Oration to the Pontifies; cum multa divinitûs, Pontifices, à majoribus nostris inventa atque instituta sunt; tum nihil praeclarius, quam quod vos eosdem & Religionibus deorum immortalium, & summae Reipublicae praeesse voluerunt. Amplissimi et Clarissimi Cives; Rempubliacm bene gerendo, religiones religionibus sapienter interpretando; Rempublicam conservarent. Whereas many things, as it were by inspiration from Heaven, O ye Pontifies! have been found out, and instituted by our Ancestors; truly nothing more excellent than that you the same persons should preside both over the Religion of the immortal Gods, and also over the sum of the Commonweal. That the most Honourable and Renowned Citizens, De Vita Constant. lib. 1. cap. 37. & alibi. Vid. C. De Summa Trin. L. nullus Haereticis. Et L. Cum recta. Et alibi. C. De Haereticis & Manichaeis. L. Quoniam multi. Et De vetere jure Enucle. & L. 1. ¶. 6. C. De Legib. & Constitut. princip. & edict. L. 1. C. eodem L 9 by the well discharging of office in the Common-weal, by the wisely Interpreting of matters of Religion by matters of Religion, might conserve the welfare of the Common-weal. If we look into the state of the Christian Church, so soon as it came to be National; Constantine, and the other Emperors, says Eusebius, and the other Ecclesiastical Histories; did in person, many times, preside in Counsels, and Synods Ecclesiastical. And up and down in the Code and Novels of Justinian, Confessions of Faith are established by the Law Imperial; Heresies are Anathamiz'd, and the like. The imperial decision of matters, is styled an Oracle. The Emperor's sentence called a Divine Sentence. And finally, the Supreme Interpretation of all Laws, both Divine and Humane, both Sacred and Civil, is claimed as a right belonging only to the Prince. Inter aequitatem jusque interpositam interpretationem nobis solis et oportet et licet inspicere. It belongs to us only, both out of duty, and by our office, to have the inspection into the Interpretation betwixt the equity and letter of the Law, says the Emperor Constantine. And the Emperor's Valentinian and Martian, Leges Sacracissimae, quae constringunt hominum vitas, intelligi ab omnibus debent. Si quid vero in iisdem Legibus latum fortassis obscurius fuerit, oportet id ab imperatoria interpretatione pate fieri. The most Sacred Laws which do bind the lives of men, aught to be understood by all. But if there be any thing established in the Laws, which perhaps is more obscure; that aught to be explained by the Imperial Interpretation: Vid. C. De Legib. & constitut. Princip. L. 12. Et C. De vetere jur. Enucle. and L. Auctore. ¶. 4. Et C. eodem L. Dedit nobis. ¶ 21. Et In Novel. Constit. 112. cap. 1. Et alibi. In Pandect. Hist. Turc. Gradus Legis Mahum. etc. And the like many other Laws might be mentioned. Last of all, If we look abroad amongst the more modern practices of Countries, and such as are at this day amongst the Mahometans; although the Chief Mufti at Constantinople be Instar Papae nostri, vel Patriarchae Graecorum. Quip juris omnis & Sacrorum Rex est; uti veteres etiam Romani loquebantur, says Leunclavius; like our Pope in Italy, or the Patriarch of the Greeks: for he is the King of all Law and Holy Things; as also the Ancient Romans were wont to speak; Yet it is indeed in Subordination to the Emperor, and according to his will really guiding him. And it is said, that for not Interpreting according to the mind of his Master, not long since, the Mufti at Constantinople was degraded and sent to be Mufti at Damascus; and that he died by the way in his journey thither, at Aleppo. The like to this up and down in Europe is the Right exercised by all Princes in their several ways, Lib. 2. 'tis 5. De Regim. Reipub. Christian. p. 1. lib. 4. disp. 10. §. 3. n. 187. Vid. In Legib. Ordin. lib. 4. Tit. 1. L. 4. Et Diaz. de Montalu. ad Leg. For. Hisp. lib. 1. Tit. 6. n. 1. in addit. Vid. Constit. Car. 5. Criminal. cap. ult. and according to the several modes of their Countries. And the Princes only do appoint and constitute the Ordinary Interpreters of Laws. So saith the Ordines Susitaniae, Fragosus, and others, that it is commanded to the Judges; that where the Laws of the Kingdom, and the Civil Law, are deficients they should have recourse to the Glosses of Accursius and to Bartolus; and by the Laws of the Kingdom of Castille, the Judges are appointed to give sentence according according to the Opinions of Johannes Andreas, and Panormitanus, in the Law Canon; and of Bartolus and Baldus, in the Civil Law. And in Germany, Charles the fifth, in his Criminal Constitutions, commanded the Colleges of Civil Law Doctors, in the Universities appointed by him for Interpretation, to be Consulted, if any thing doubtful or obscure should occur in those his Constitutions. Finally, by the general consent of the Civilians, the Imperial Interpretation, is held to be Authoritative and necessary, and such as must be obeyed, upon the only account of Command and Sovereign Power. And indeed whose should the Supreme Interpretation of Laws be, but theirs who made them, and who have the Legislative power in their hands? and that rightly and necessarily; since the interpretations of Laws are Laws themselves, in effect, and in the decision and determination of all causes by them. And the same reason there is for these things, and much more in Laws Ecclesiastical then in Laws Civil; things being weighed on both sides, and proportionably in respect to both. And whithersoever we will look abroad in the World; and wheresoever any Canons of Doctrine or Liturgies are established in Churches; The Opposers of it Taxed. we shall find the Authority, that first constituted them, retaining also the Supreme Right of the Interpretation of them. iv Amongst those then that make Opposition against this Right of the Supreme Magistrate in his Ecclesiastical Uniformity, the Papal Infallibility heads the foiled, and in effect shuts out the Scripture from being made use of for the determination of Controversies; and establisheth those Traditions, a certain and definite Catalogue of which would never yet be given. Hence are the Interpositions of Rome; whether by its particular appointment, or the actings of its Instruments, upon every occasion of Schism in the dissenting Churches of Europe, Edit. 1618. to persuade that they would return to the Infallible Judge of Controversies in the Roman Uniformity. Such was the Enoticon dissecti Belgii, in the time of the dissensions of the Low Country, s occasioning the Synod of Dort. Against Knot. Such also was of late the Fiat Lux in England prohibited by Authority: And concerning this pretended Infallibility we shall further only write the words of Mr. Chillingworth; It is strange, saith he, if the Bishop of Rome be Constituted by God in an Office of so great moment as that of an Infallible Judge of Controversies; that there should be nothing at all, no evident direction in the Scriptures to send all men to him for determinations. The like Injuries do they also do to the Supreme Magistrate, whosoever they are, that upon any other pretensions whatsoever do claim from him this Supreme Interpretorship. And lastly, they who assign God himself, speaking in the Scriptures, to be the Interpreter of his own Laws; De Judice Controversiarum. cap. 9 speak not reason, nor reach not the Case (common to all Humane Societies and their Ecclesiastical Uniformities) of emergent Controversies. In vain then doth Mr. Cameron in this Case, compare the speaking of God in the Scriptures, with the speaking of a King by his Instructions to an Ambassador, of a father by his Testament, of a Judge by his Sentence, and the like; and ask whether such things do not express the mind of these persons, in the same manner as the vocal word and lively voice doth? And who knows not that all Courts of Judicature, and Humane Tribunals, in all Ages of the World, and in all kinds of Controversies and Causes whatsoever, have ever been forced (by even what nature itself, in this matter, and present occasion hath exacted from them) to proceed by the way of a Living Judge, D. De Legib. & Senatus consult. L. 4. D. De Judiciis L. 62. for the determination of those Controversies? Ad ea debet aptari jus, quae frequenter & facile eveniunt, says Celsus the Civilian; That the Law ought to be fitted to those cases, which do frequently and easily fall out. And Ulpian, Inter litigantes non aliter Lis expediri potest, quam si alter Petitor, altar Possessor sit: That between two parties litigant, the Contention cannot be otherwise put to an end, then by the one's being Plaintiff, and the other defendant before a Tribunal. And innumerable other the like Testimonies and instances might be given in this matter. The principal Assistances in respect to the Actual exercise of it, assigned also. V In the interim, the Principal Assistances, which the Chief Magistrate may have in this matter of his Supreme Interpretorship, and upon any occasion whatsoever of his actual Employment of himself in it, are the Subordinate and Deputative Interpreters, which have been mentioned: And that according to the peculiar quality of any particular sorts of affairs which may occur, and as they are more or less proper to either sort of those Interpreters (either Laics or ecclesiastics) to advise in; and as they do, in any degree or kind whatsoever, concern any particular Society. The Conclusion of the Whole. De Turcarum. Ritub. In Epistola nuncupatoria. Pio & Christiano Lectori, etc. VI We have put an end to this Work. We Conclude with fervent wishes of Peace to all Christian and Humane Societies. Saeva discordia, & Principum nostrorum intestina bella hoc mihi peregrino pepererunt, Christiane Lector! etc. says Georgieviz the Turkish Captive: O Christian Reader! It was raging discord, and the intestine Wars of our Princes, which brought forth this evil to me a Stranger; that being spoiled of all my Goods, bound in Chains, led like a beast to market, through Towns, and Villages, and Streets; through the rough and dangerous places of Thrace, and the lesser Asia; I was sold seven times, and there under the Turkish and Rustic slavery, and harsh usage, in hunger and Thirst, in cold and nakedness, lying under the open Heaven, I was compelled to feed a flock of sheep and herds, Apud Damianum ● Goes. De Aethiop. Morib. to betake myself to plough, to look to Horses, and to learn the Art of War, etc. And Zago Zabo in his Confession of the Ethiopian faith; Multo consultius erit hujusmodi Christianos homines; sive Graecos, sieve Armenios', sive Ethiopes, sive ex quavis septem Christianorum Ecclesiarum; in charitate, & Christi amplexibus sustinere, sine contumeliis permittere, etc. It would be far better, in relation to Christian men that are strangers in Countries, whether they be Greeks or Armenians, or Ethiopians, or out of any of the seven Churches of Christians, to support them in Charity, and the Embraces of Christ, to permit them without Reproaches to live and converse amongst other Christian brethren; because we are all Children of Baptism, and do believe unanimously concerning the true faith: Neither is there any reason why there should be such sharp dispute about Ceremonies; but that every one should observe his own, without hatred and inveighing against others, etc. And the Heathen Tragedian. Seneca. In Hercule furent. Si Aeterna semper odia mortales agant, Nec caeptus unquam cedat ex animis furor; Sed Arma faelix teneat, infaelix paret; Nihil relinquent bella. Tum vastis Ager Squalebit arvis: subditâ tectis face Altius sepultas obruet gentes cinis. If eternal hatreds shall always drive men on, Nor fury once began shall ever departed from men's minds; But the Conqueror shall hold up his weapons, and the conquered give place; Wars will at last leave nothing: Then the unplowed ground in vast Fields shall lie waist, the fire being put to houses Deep ashes shall overwhelm the buried Nations. And lastly, Leunclavius, in his relation of the Siege of Vienna; De obsidione Vienna. circa med. Tempus itaque est, viri Christiani! ubicunque terrarum Christo vivitis; Tempus, inquam, est, nos è Somno excitari; hanc irati ob nostra scelera numinis plagam agnoscere, unanimiter ad Deum converti, rescipiscere; Omisso vanae gloriae study, odium mutuum ponere; monstrosas de fide Catholicâ dissentiones, & nunquam finiendas disputationes abjicere; in unum Catholicae Ecclesiae Sacrosanctum Corpus coalescere; & in amore proximi ac bonis operibus simul totis viribus in Christo, qui caput est, unanimes vivere; orareque ut nobis gratiam suam concedere dignetur, quâ Armati immanem hostem à cervicibus nostris propulsemus; ac deinde, oppressis hostibus, quieti in pace, pièque sanctèque vivere queamus. (i. e.) It is time therefore, O ye Christian men! in whatsoever part of the World ye live to Christ; It is time, I say, for us to awake out of sleep; to acknowledge this stroke of the Angry God, by reason of our Sins, unanimously to be converted to God, to repent, leaving the study of vain glory, to lay aside our mutual hatred; to cast away our monstrous dissensions concerning the Catholic Faith, and those disputations never to be ended; to unite into one Sacred body of the Church of Christ, and to live unanimously in the love of our Neighbour, and in good works, together with all our strength in Christ, who is our Head; and to pray that he would vouchsafe to grant to us his grace, with which being armed we may drive away the Cruel Enemy from our necks; and so our Adversaries being overcome, we may be able to live quiet, in peace, piously, and holily. What shall we say then? Let the Peace of the Jerusalem of Christ be the study of every sincere Christian! Let these things which we have written in this work (with our Pen dipped in Sweat for the more public and common good) be imprinted in the hearts of those that read them! Especially those of them that make most to the Christian peace, and to the preservation and promotion of the welfare both of Religion and Government, and the Consistency of each with either in every national Society. May the Christian Princes prosper, and flourish in their Dominions! May Piety and Adoration of the Son of God spring up as it were from the ground amongst private persons! May the Christian Church have her Faith propagated! and her Borders enlarged by the illumination of the Most High, Matth. 16.18. Apud. Euseb. De vita Const. lib. 1. cap. 22. under the Tuition of Princes, by the endeavours of her Priests, and with the consent of Nations. And let the Gates of Hell (according to the Promise of him, who appeared from Heaven with his Victorious Cross to the first Christian Emperor Constantine) never prevail against her. THE INDEX. A ABassines, Their Liturgy. 198 Their use of an unknown Tongue in their public Divine Services. 180 The scarcity of Books amongst them. Ibid. Abraham, his discharging the Priestly Office. 124 Accursius, his glosses; their appearing first of all on the Civil Law: In Prolegom. ad fin. Adam, Monarch of the world, 34 And his Right to his so being, Ibid. His discharge of the Priestly Office, 124 Admonitions to the Parliament, set forth by the English Presbitrey in Queen Elizabeth's days, 200 Egypt, Its Fame for Learning and Wisdom heretofore. In Proleg. in princip. Egyptians, Their boasting concerning the derivation of wisdom from their Country; In Proleg paulo post princip. Their custom concerning the same person, his being both King and Priest. 139 Aequivocation, The Doctrine of it condemned. 279 Affection, Natural, the foundations of it. 42 The Alcoran, not to be read by the Common People. 180 Mahomet his trick for the obtrusion of it upon the people. 113 Alexander, His custom of stopping one Ear when sitting in Judgement. 291 Amurat, His feigning his War to be given him in Charge from Heaven. 115 Apostolical, Canons, very ancient. In Proleg. circa med. Appeals, The last in an Ecclesiastical Uniformity ought always to be made to the Chief Magistrate. 301 Archbishop of Toledo, Chancellor of Castille. 130 Archbishop of Canterbury in England, his Prerogative. Ibid. Aristotle, His Politics, the Repute of them. In Proleg. prop. fin. Armenians, their Liturgy. 190 Assent, What kinds of it, and the Unity of it, is supposed to an Ecclesiastical Uniformity. 225, 226, etc. Atheism, To be expelled out of Humane Societies. 88 Virtual Atheism, Ibid. The causes of Atheism in Societies. Ibid. Atheists, Two grand sorts of them. Ibid. Athenians, Their swearing by their Twelve Gods. 176 Attributes of God, what they are, 17 And the operation of them how to be discerned, Ibid. And the effects of them Ibid. And the Operation of them, how it proceeds, Ibid. St. Augustine, His sayings concerning the phrase of the Scripture. 251 B Bartolus and Baldus, their Esteem amongst the Civilians. In Proleg. ad fin. Beritus, Its fate by an Earthquake. 31 The Bible ought to be conceded to the Laity in an Ecclesiastical Uniformity. 108 Bodine, De Repub. His dignity amongst Modern Books of Policy. In Proleg. prop. fin. C Mr. Cameron Taxed. Camillus the Dictator, his trick for the encouragement of his Soldiers. 115 A Canon of Doctrines defined and distinguished, 194. The state of the case concerning its being the primary and principal of the two grand instruments of an Ecclesiastical Uniformity. Ibid. A Canon or body of Doctrines, the necessity of it in an Ecclesiastical Uniformity, 163, 164 Canon Law, The Authority of it. In Proleg. ad fin. The intention of the Compilers and authorizers of it. Ibid. Charles of Bourbon, his carrying a halter near his colours, to hang the Pope with, for the encouragement of his Soldiers. 115 Cardinals, Of the Roman Sea, their secular Titles. 130 Church Censures, the degrees of them asserted, 267. They are to be dispensed with the least humane mixtures, 268 The right of dispensing them, to whom it belongs, Ibid. They are to be backed by the Magistrate, Ibid. He hath the power of controlling the Execution of them, Ibid. And also is exempted from them, Ibid. Ceremonies, The Magistrate hath the right of establishing them in any National Church, 235, 236. Ceremonies distinguished, 236. The Rules to be held concerning the customary ones, Ibid. And concerning the adjoining of them to the Divine Worship, 236, 237. And the ends of them in Church Services, 237, etc. Ceremonies in the Church of England, the controversy concerning them formerly debated, 239. Ceremonies, an Uniformity in them convenient in Churches, 168. Ceremonies of the Jewish Church, the intent of God in them in Israel, 196. Ceremonies, too great a number of them a faultiness in an Ecclesiastical Uniformity, 179, 180 The Character of the Ecclesiastical persons Function, at first impressed upon him, indelible, 134 Charge, whose is the preservation of the welfare of Religion and Government, and the consistency of Religion with Government, 73, 74, etc. A Charge defined, Ib. and distinguished, Ib. The Charge mentioned is the supreme Charge amongst men, 78. It is perpetually to be looked after, Ib. The public Charge of the Magistrate, the causes of all mischiefs to it, 111. Charge of the Magistrate, its danger of being invaded, 119 Charity distinguished, 94. The benefits of it to Societies, 94, 95, 96, etc. And to the public charge of the Magistrate, Ib. To Religion, 95, To Government, 96. and to the consistency of Religion with Government, 97. and how much it is commanded in Scripture, 97, 98. Charity and Peace in matters of Religion, the means, for the procuring the benefits of them in Societies, assigned, 160 Chief Priest amongst the Jews, his sitting in the great Synedrion, 128, 129 Mr. Chillingworth, his saying concerning the uncertainty of many matters in Religion, 151 Mr. Chillingworth taxed, 285 His saying concerning the appointment of an Infallible Judge of controversies, 307 Christian Religion, its positive and eminent consistency with Government, 70 It is never subversive of the present lawful Government, 70, 71 Christian Church, the Records of it defective, 197. The Christian Church and civil state are in themselves distinct Societies, 122 And God hath appointed them to be in a capacity of subsisting apart in the World, 123 The Christian Church, the distinct Ecclesiastical Orders in it, 125 Churchmen may intermix in the administration of Civil Affairs, 126, 127, 128, etc. Church-Government, The Magistrates Right of establishing it in every National Church, 240, etc. The case concerning it in England, 240, 241 Circuits for visitation in an Ecclesiastical Uniformity, 301 civilians, Their complaints concerning the extinction of the Old Roman Doctors, In Proleg. post med. Common Good, The great end of all Laws and Government amongst men, 58, 59 Common People, the one sort of persons ordinarily guilty of the faults committed against the public charge of the Magistrate, 111 Their particular faults instanced in Ib. In respect to Religion, 111, 112. And Government, 114 and the consistency of Religion with Government, 116 The frequency of their commission of those faults, Ibid. commonweals, the two famous ones of Greece, In Proleg. post med. Communions in matters of Religion, how far forth a mixture of them may consist with the welfare of Societies, 164 Communication of Church Censures for money, how far forth lawful. 269 Composition of a Canon and Liturgy, the rules to be observed in it, 231, 232, 233, 234, 335, etc. Consent given to Government, the distinctions of it, 36, 37 Consistency of Religion and Government with each other intended by God and Nature, 2. The consistency of Religion with Government defined, 6 And distinguished, 6, 7 And the distinctions of it explicated and applied, 68 and that consistency proved, 68, 69, etc. Constantinople, its sacking, and conflagration by the Saracens, 31 Constantine, his saying concerning the subordination of his Bishops to him, 145 The appearance of Christ to him from Heaven, 310 Contests about Religion distinguished, 89 Contestation of Opinions in matters of Religion, the means for the preventing the mischiefs of it in Societies, assigned, 160 The effects of it, 150, 154, etc. And that in respect to the particulars of the Magistrates charge, 156, etc. Conventicles, or more private convenings for the exercise of Religion, how far forth to be permitted by Princes, stated, 219, 220, 221, 222, etc. The present case, concerning them in England, 220, 221. Council of Trent, the preservation of the several powers of Princes in it, 144 Counsels, the Celebration of them twice every year heretofore in the Christian Church, and why, 127 Creed of the Apostles, was framed for a profession of assent to be made to it, 197 Cromwell, his pretences of Religion in England, 115 D Delusions of the Heathens, how permitted and inflicted by God, 21 Dionysius Halicarnasseus, his Story concerning Numa his suppressing of controversies and opinions in matters of Religion, 177 Directory, whether it be not sufficient for the preservation of the public peace in any National Church? 203 Discipline, an Uniformity in it convenient in Churches, 168, 169 Divinity, three sorts of it amongst the Heathen, 14 Divulging of Opinions, how far forth a duty in private persons, 274, 275, 276, & vid. venting of Opinion. The more particular restraints and liberties, and the rights of the Magistrate relating to it, 292, etc. The ways of men's divulging their opinions, distinguied, 294 The Doctors upon both Laws, In Prolegom. prope fin. Doctrines of Religion, a distinction of them, 91 Certain doctrines in the Christian Religion made use of by the Demagogues, Heresiarches, and Ringleaders of sedition in Societies, for their serving their several ends, 118 Doctrines in religion distinguished, 164 The several sorts of the Doctrines of Canons and Liturgies assigned, 249, 250, etc. The Doctrines of any National Church distinguished, Ibid. Druids, amongst the Gauls, the reason of their dispersing their doctrine of the immortality of the soul amongst the people, 85 Their being distinct in their Orders of ecclesiastics, 104 Their being both Priests and Judges heretofore amongst the Gauls and Britain's, 130 E Earl of Portugal, the Story concerning one lately, in relation to an Inquisitor, 272 Ecclesiastical person, the Query, why he should not have the Supremacy? resolved, 145 Elector of Saxony, his Acts of bearing the Sword before the Emperor, etc. in the Diet of Ausburg condemned, 280 Empire, the ways by which men have arrived at it, 34 The Ends of a Canon of doctrines and Liturgy in any National Church distinguished, 211 The general Ends of them assigned, Ibid. An Objection against them answered, Ibid. The more particular Ends of them, 214, 215, 216, 217, etc. EnglishVniformity, the History of it, 199, 200 English Canon of Doctrines, the History of it, 201, 202 English Liturgy, the History of it, 202 Enthusiasm condemned, 290 The 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, or Office of a Bishop in the Christian Church, 299, 300 Erastus, concerning the authoritative Execution of Church censures by Laics answered, 134 Estates of men, the first and Capital distinction of them, 36 Euripides and Lycurgus compared. 12 Euripides his saying concerning Jupiter, In Prolegom. in princip. Eusebius, and the other Histories of the Christian Church; the notable instances of Regiment of Churches in them. In Prolegom. in fin. Excommunication, a caution concerning the inflicting of it, 267 The complaint concerning its being inflicted for light matters in the Vniformities of Churches answered; and for its being inflicted at first dash also. 269, 270 The Extremes, in respect to an Ecclesiastical Uniformity distinguished, 177 Those of too much looseness assigned, 177, 178 And that also of too much strictness. 178 F The Fathers of the Christian Church, their derivation of the Magistrates Power from God. 54, 55 Faultinesses, those in an Ecclesiastical Uniformity assigned, 178, 179, 180, etc. Fire of Sodom, its natural causes. 30 Five-Churches, his actions in the Council of Trent. 144 Flood of Noah, the fame and dispersed report of it. 30 Freedom, the principle of natural Freedom refuted. 39, 40, 41, 42, etc. Fragments, those of the twelve Tables amongst the Romans now remaining: In Prolegom. post med. G Georgians, Their Liturgy, 198 Georgievez, His Turkish slavery sustained by him. Gifts, The use of spiritual gifts is under the Magigrates Jurisdiction, 204 The scriptural end of such use of them, Ibid. The particular gifts concerned in the performance of the Public Divine Service in a Church, Ibid. The immediate effects of the use of them, Ibid. Golden Age of the Poets, whence the Fiction of it. 32 Government defined. 5 and distinguished, 5, 6, the ways by which men have arrived at it, 34. the power of Government at first lodged in the several heads of Families, 34, 35, the first and capital distinction of Government, 36 Government the Ordinance of God, 37 the Ecclesiastical Government God's Ordinance, 38 the two constitutive causes of the power of Government, which are assigned in the Controversy concerning it, 39 the state of the Case concerning the derivation of it from the people, 39 the effects of it being derived from the people, etc. 45, 46, 47, etc. the proof of the power of Government its being from God, 51, 52, 53, 54, 55, 56, etc. Not to be proved to be so from the nature of that power, 51, 52 the distinctions of Government applied to its consistency with Religion, 66, 67 Government, the Bond of all Humane Societies. In Prolegom. in princip. Governors, the difference of Order and Power in them necessary to all Governments of the greater Societies. 123 Greece, from whence its first Governments were fetched. In Proleg. in princip. The Greeks, called the rest of the World, who spoke not their language, Barbarians. In Prolegom. post med. their distinct orders of ecclesiastics. 124 Greek Church, its Liturgy, 198 Its use of an unknown tongue in the Public Divine Services, 180 Grotius taxed, 41, 127, 133, 138 His saying concerning the doctrines of the Christian Religion. 70, etc. Gymnosophistae, amongst the Indians, their distinction of their Orders of ecclesiastics, 104, 105 H Hampton Court, the conference at it betwixt King James of England, and the dissentors from the EnglishVniformity. 201 Hebrews, their observation concerning the distinction of the Offices of Moses and Aaron. 124 Heresy, to be punished any where, 87 and as a mixed fault, both against the Church and State. Ibid. Heresiarks, the persons ordinarily guilty of the faults of malice against the public charge of the Magistrate in an Ecclesiastical Uniformity. 117 Herodotus, his saying concerning the divided Government, and different Opinions of the Thracians. 155 Hesiod, his Admonition to Kings. 58, 59 Humane Affairs, the first and capital division of them, 1 Histories, of the Greeks and Romans, the notable examples of prudence in Governors in them. In Proleg. in fin. Holiness of presons, no rule to judge of the truth of their Opinions by, 290 The pretence of holiness condemned. Ibid. Homilies, the use of them in Churches. 295 I Jacobites, their Liturgy, 198 Jesuits, their banishment from the Venetian Territories. 65 Jesus Christ, not admitted as a God by the Roman Senate. 15 Jews, their parabolical doctrines, 113 their Liturgy, 198 their saying concerning the flourishing of Israel. In Proleg. in princip. Their hatred of the Samaritans, 155 their Law carried with Titus in Triumph, In Prolegom. circa med. Jewish State, the occasions of it twofold, 196 Jewish Church, the records of it defective, 197 the diversity of the settlements of it, 170 Imprudence, the faults of it committed against the public charge of the Magistrate, and the persons guilty of the commission of them, 111 their guilt evidenced, 112 their particular faults instanced in, in respect to the particulars of the Magistrates charge, 112, 113, 114, etc. Indirect Power in Spirituals, that belonging to the Civil Magistrate in every Ecclesiastical Uniformity, 136 and the extent of it, 136 137. and the Magistrates Right to it, 137, 138, 139, 140, etc. He may commit the exercise of it to others, 147, 148 Inquisition of Spain, what course it holds as to the King's Prerogative, 144 and that of Italy, as to the Pope, Ibid. The Inquisition, admitted in Dominions of Princes by compact 145 The Interdiction of Venice, by Pope Paul the 5th, the sense of the Princes about it. 143 Interests temporal, the mixing of them with men's zeal, a cause of Religious contests. 92 Interpretation, the liberty of it, in respect to the Canon and Liturgy in any National Church, belongs to private persons as their right, 253 That their Interpretation distinguished, 253 254 the Rules by which they are to proceed in it, assigned. 254, 255, 256, etc. Interpretorship in an Ecclesiastical Uniformity, of how great moment the Office of Supreme Interpreter is, 302. The Authentic Interpreters in any National Church distinguished, and the Supreme assigned, 302, 303. His right to his Office asserted, 303, 304, etc. the opposers of it. 307, 308 Josephus, the principal Jewish Historian. In Proleg. circa med. Israel, the distribution of the rights of an Ecclesiastical Uniformity in it. In Prolegom. in princip. Italy, the variety of Religious Rites brought of old into it. 14 Julian the Apostate, his letter to Arsacius, that he should take the form of Religion upon him. 290 Jurisdiction in spirituals, the rights of ecclesiastics, 132 K King, the notion of him in the Ancient Heathen writings, 45 King and Priest, why the same person hath so frequently been so in Societies. 138, 139, etc. King James of England, his Objection made to the Bishop of Rome, concerning his Prerogative. 147 The Kings of England, Sweden, Spain, Denmark, etc. Sovereign Princes in their Dominions. 135 Knights Ecclesiastical amongst the Venetians. 130 L Law, of the twelve Tables amongst the Romans concerning funerals. 235, 236 and concerning a bone broken. 269, etc. Lawgivers, the famous ones amongst the Greeks. In Prolegom. post med. Laws, from whence their necessity amongst men. 33, 34 Laws defined and distinguished. 100 The great reason of the restraint of private persons by them. 101, 102 Lay-Elders, their absurd mixture with ecclesiastics, in the Ecclesiastical Regiment. 299, 300 Laynez, his Answer, in the Tridentine Council, concerning reformation in the Court of Rome. 240 Leunclavius, his exhortation to Christian peace. 309 Liberty defined. 43 and distinguished, 43 and defined in the most absolute notion of it. 100 the worth of it, 101 Liberty of the Subject defined. 101 it ought to be preserved in an Ecclesiastical Uniformity. Ib. Christian liberty, defined and distinguished. 104 Liberty of men's judgement of discerning in matters of Religion, distinguished and defined. Ibid. The exercise of it asserted. 105 the due limitation of such the exercise of it. Ibid. Liberty, of profession and outward actions, aught to be regulated by humane Laws. 106 Liberty of opining, applied to the matters of the Canon and Liturgy in any National Church. 288 Those matters distinguished, and the due extent of it. 288, 289 Cautions concerning it. 290, 291 Liberties, those of the people relating to an Ecclesiastical Uniformity distinguished. 100 their primitive spiritual and Ecclesiastical liberties, described and asserted. 103 three sorts of them. 104 the liberties and latitudes conceded to men in relation to the fixing their notions concerning things. 273 A Liturgy defined and distinguished. 195 should be accompanied with as few other sorts of Services as may be. Ibid. It ought to be conformed to the Canon of Doctrines in any Church. Ibid. The Heathen, Jewish and Apostolical Liturgies contested. 196 the present Liturgies that are abroad in the world, 197, 198, 199 Whether Liturgy doth not transgress the Rules of Scripture? 204 the exceptions made against the Liturgies in the Church of England, and the Salvoes to them referred to. 246 A Liturgical or non-liturgical service, which may be used with more attention or affection. 205, 206 Lycurgus, his answer concerning his appointing small things to be offered to the Gods. 85 his cunning. 115 M Machiavelli, his assignation of the cause of the Imperial Power its failing in Italy. 88 Magistrate, the danger of his being invaded in his person. 120 The Civil Magistrate is the Supreme in every Society. 135 (viz.) Not a Feudatory, but the Sovereign Prince. Ibid. and how that Supremacy is committed to him by God. 136 and his indirect Power in spirituals, which is a branch of it. Ibid. Mahomet, his Arts and Fictions in establishing his prescript of Religion. 15, 16. his second coming; the Turks gulled concerning it. 24 His oaths concerning the truth of his Doctrine. 23 Mahometans, their Liturgy, 198 These have their Bishops, Priests and Deacons. 300 Malice, the persons ordinarily guilty of the faults of it against the charge of the Magistrate. 117 the causes exciting them to the commission of them. Ibid. the impetuousness and violence of those exciting causes. 118, etc. Means, those necessarily to be used for the preservation of the welfare of the Magistrates Public charge. 78 Means of Grace ought to be conceded in any Christian Church. 107 and so those of knowledge. Ibid. and what both sorts of them are. 107, 108 Men, the supposition of their springing from the earth. 35, 36 The first state of them in the world. 31, 32 Mental reservation, the doctrine of it condemned, 279 Ministry of holy things, the right of ecclesiastics. 132 Minos, King of Crete, his trick for the establishment of his Laws. 115 Miracles, one of the primary Divine Testimonials to Religion. 18 their attestation to Moses his Law. 19 their pretended testimony to the Heathens Religion. 21 and to Mahomet's. 22, 23 and how the Christian Religion excelled in them. 25 the difference betwixt them and ordinary effects. 29. Not to be believed against Moses his established constitutions in Israel. 176 Monarchy, the most Ancient Government of the world. 34, 35 Monuments of Humane Affairs, the most, and most received from the Greek and Roman States. In Proleg. post med. Moses his Books, the most ancient System of Laws now extant. In Prolegom. Ib. His two Tables, the intent of God in them in Israel. 196 His Laws and Ordinances, for the interpretation of them, the Hebrew Rabbis are ordinarily produced. In Prolegom. circa med. The testimonials from God to his Law. 18, 19, 20 Moses Maimonides, the Jews saying concerning him. In Prolegom. Ibid. Chief Mufti amongst the Turks, sits in the Divano. 130 his State and Authority, 306 Muncer his laughing at the common people. 113 Mustapha, his trick for the leading a sedition. 115 Mycipsa, his Admonition to his Sons, to be at Peace and Unity. 97 N Nasica, his Council concerning the not Racing of Carthage. 294 National Church, the more special notion of it, and it distinguished. 210, 211 It's being supposed to an Ecclesiastical Uniformity. 211 Nature, the description of the Law of it. 16 that Law twofold. 42 It is the guide of Humane Actions. In Prolegom. prope med. Natural causes, their ordinary operation in the world. 29 Nestorians, their Liturgy. 198 Nicene Creed, the intent of the injunction of it. 172, 177 Noah, his distribution of the world amongst his Sons. 53 his exercising himself in the Priestly Office. 124 Third Notions, those in which Unity of Assent, in an Ecclesiastical Uniformity, is to terminate. 226 The Magistrates intent in men's inward Notions in relation to outward profession. 271, 272, etc. Numa, his exercise of himself in the Priestly Office. 140 O Obedience, to be performed by private persons to Princes, in their establishments of their Ecclesiastical Vniformities. 183 An Opinion in matters of Religion, what it is, explicated. 150 Opinions, the open contesting of them the cause of Atheism and Profaneness in Societies. 88 The variety of them a cause of popular Religious contests. 91 the readiness of men to entertain them in matters of Religion. 152 the numerous increase of them in men. 152, 153 the posture in which they come forth to the venting and defending of them. 153, 154 Orators, both Greek and Roman, the singular use that that is to be made of their writings. In Proleg. in fin. Orders of ecclesiastics, the necessity of the diversity of them in every Ecclesiastical Uniformity, 131 the Old Testament Orders of ecclesiastics. 131, 132 and also the like in the New Testament. 132 the perpetual Orders of them in it. Ibid. Ordinances, the Public Ordinances in any Church ought to be celebrated in the vulgar tongue. 108, 109 Whether the same specifical Ordinances only be not sufficient for the attaining the end of an Ecclesiastical Uniformity? 203 In what manner the Sacred Ordinances of God, are to be made use of in the public. 218, 219 Ordination, of ecclesiastics to their Offices, the Right of Ecelesiasticks. 133 P Padre Paulo, his saying concerning Government, and the Powers belonging to it. 137, 138 his complaint concerning the estate of the affairs of Venice. 241, 242 Pandects of Justinian, their revival from Amalphi and Florence. 31 whence collected. In Proleg. post med. Parents, their power of life and death heretofore over their children, whence. 35 Passions, their mixture with zeal, a cause of popular Religious Contests. 92 A distinction of such their mixture. Ibid. Peace, the benefits of it to Societies. 94, 95, 96, etc. And to the public charge of the Magistrate. Ibid. to Religion, 95 to Government 96 and to the consistency of Religion with Government. 97 and how much it is commanded in Scripture. 97, 98 Philosophical Prudences, what they are. In Proleg. prope fin. Phylacteries, the intent of their being worn in Israel. 170 Pisistratus, his trick for the recovery of his Tyranny at Athens. 114 Plato, his charge concerning the instruction of the Citizens of his Common-weal in certain doctrines of Religion. 87 his two grand sorts of Atheists. 88 his saying concerning preparations of War and Peace in a City. In Prolegom. in princip. the excellency of his works. In Prolegom. prope fin. his pattern of an Ecclesiastical Uniformity. 176 his saying concerning the Government of humane affairs. 301 Pluralities, the case concerning them. 266, 267 Poets, looked upon of old as divinely inspired. 14 Greek and Roman, the singular use of their writings. In Prolegom. in fin. Poland, the King's Council in it, its consisting partly of ecclesiastics. 130 Politics, its dignity amongst the Philosophical prudences. In Proleg. prope fin. Pontifies, the College of them, and their authority amongst the Romans. 305 Pope, his possessing the splendours of the Civil Magistrate. 147. above all orders in the Church, etc. according to the Canonists. 38 his styles and ambition. 64, 65 Pope Paul the 5th, his usual saying concerning Magistrates. 65 Popular state, when first erected. 35 Powers, Those belonging to the Civil and Ecclesiastical Government distinguished. 122 the persons concerned in them, assigned. Ibid. Praefectus Vigilum, his Office amongst the Romans. 300, 301 Prayer, a form of it was approved of by Christ. 197 Preaching, why so great a latitude of it generally is left open in national Vniformities. 207, 208 and the case stated concerning it. Ib. the Magistrate's power of laying a restraint upon it. 296 Prelacy from God. 38 Prescript, of the Christian Religion, it hath been most vexed with contests. 194 whether a traditional, and more Ceremonial Prescript of Religion, or else a written and more doctrinal one be lest subject to popular contests. 203 Printing, none amongst the Turks. 180 the Magistrates power of laying a restraint upon it. 296 and the ill consequence of licentiousness in it. Ibid. Profaneness, to be expelled out of humane Societies. 88 the greater and lesser degrees of it. Ibid. Profession, national, how far forth the Magistrate may compel men to unite in it, stated. 228, 229. External Profession, the only thing, in relation to which all external Unity, as to matters of Religion, is to be held amongst men. 162 It is the only great stated medium for the holding a charitative communion as to those matters then. Ibid. The Magistrates Right, as to the enjoining an unity of it in Societies. 165, 166 Profession in an Ecclesiastical Uniformity distinguished, 274 mixture of it why tolerated, where otherwise of divulging of opinions are not. 293, 294 Prophecy, one of the primary divine Testimonials to Religion. 18 its pretended testimony to the Heathens Religion. 20, 21 and to Mahomet's prescript. 22 and how it testified to the truth of the Christian Religion in a more peculiar manner. 23 Prophets, those of the Old Testament. 18 Proselytes, the proverbial saying concerning them in Israel. 170 Protestant Churches, their Liturgies. 198 Public Worship, the Unity of the use of it, the great secondary medium for the holding a charitative communion amongst men, as to matters of Religion. 163 The Magistrates Right of enjoining an Unity of it in Societies. 165, 166 Punishments, their peculiar necessity to the regiment of humane Societies. 261 the doctrine of them in respect to an Ecclesiastical Uniformity laid down: the several sorts of them distinguished. 267 Q Quintus Sectorius, his trick for his encouragement of his Soldiers. 115 R Rabbinical Age, when it began. In proleg. circa med. Records of humane affairs, the causes of the defects of them. 29, 30, 31 Reformed Churches, their derivation of the Magistrates power from God. 55, 56, etc. Religion, its consistency with Government intended by God and Nature. 2 Religion defined. Ibid. and distinguished. 3, 4 It's divine appointment evidenced. 9 It's Divine Original. 9, 10, etc. And the grounds in nature, and consent of Nations about it. 10, 11, 12, etc. Two only sorts of Precepts, of which it can consist. 16 how the true prescript of it is to be known. 16, 17. It's Divine Original, the sense of all Nations present in the world. 27 its propagation by Arms warranted by Mahomet's Law. 50 the distinctions of it applied to its consistency with Government, 67 such its consistency proved. 68, 69, etc. Its healthfulness to Government, and Civil Society. 85, 86, 87, etc. the damnifying it, a public crime: 87 its being used as a politic instrument by the heathen Romans. 88 the false application of the immortal notion of it, the cause of Religious contests. 89 that it is the bond of all humane Society. In Proleg. in princip. about what matters of it is both all peace and contention. 160, 161 Revolting, from profession in an Ecclesiastical Uniformity, the mischiefs of it to Churches. 275, 286. Rewards, the peculiar necessity of them to the regiment of humane Societies. 261 the doctrine concerning them in respect to an Ecclesiastical Uniformity. Ibid. the distinction of them. Ibid. the original intents of them. 262 and their opposites. Ibid. the Rules to be held concerning the dispensing them. 263, 264, etc. the mischiefs of the neglect of observance of them. 264, 265 Right, that of God, to his obliging man by Precepts of of religion, twofold. 9, 10 whose right the preservation of the welfare of religion and Government, and the consistency of Religion with Government is, 73, 74, 75, etc. Right the public cement of all humane affairs. In Proleg. in princip. Rights, those relating directly to an Ecclesiastical Uniformity, the Tripartite division of them. 99 and those Rights distinguished. Ibid. the primitive Rights of the people, 100 the Rights of an Ecclesiastical Uniformity, dispersed up and down in the Greek and Roman writers. In Proleg. circa princ. the Rights of Government, the distinction and proper extent of them, from whence they flow. 123, etc. the Rights of the Church Governors and Ministers in every Christian Church. 132, 133 Right Reason, the great commendation of it, as the ultimate and universal interpreter of all Laws. 257, 258 Rising in Arms against Princes, and particularly in defence of Religion, and the matters of an Ecclesiastical Uniformity, not justifiable, 47, 48, 49, 50, 51 its opposition to the common good of Societies. 59, 60, 61, etc. The Scotch and English Presbytery, their following the principles of the Churchmen of Rome in it. 65 it's not being the Right of ecclesiastics for the support of their Church Society. 133 Romans, their Orders of ecclesiastics. 124 Roman Civil Law, the body of it the largest and most complete body of such Laws now extant. In Proleg. ad fin. the reception of it in the dominions of Princes. Ibid. Roman State, its most ancient Laws fetched from Greece. In Prolegom. circa princip. Roman Church, its Liturgies. 198 Its emission of the doctrine of Rising in Arms against Princes into Christendom. 64 Romulus, his Law concerning the Senate's taking care of Religion. 141 Russians, their Priests and Bishops of no learning. 180 Russee Church, its Liturgy. 198 S Sanhedrim, what things chief it took cognizance of in Israel. 141 Scipio Africanus, his custom of deceiving the multitude. 115 Scripture, whether it, as the Original Divine Canon of Doctrines, be not sufficient for the attaining the ends of an Ecclesiastical Uniformity. 203 Sedition, the Ringleaders of it the persons ordinarily guilty of the faults of malice against the Magistrates public charge in an Ecclesiastical Uniformity. 117 Senate of Rome, their trick for their withholding the people from Sedition. 115 their refusing to enrol Christ amongst their Gods. 141 Society, the term explicated and applied. 5 by what several ways men came first into Societies. 31 Sophi of Persia, his dismissing his horse, etc. kept for Mahomet against his second Coming. 24 Sorbon, their threatening against the Pope. 144 A Subject defined. 100 Submission, to the Ecclesiastical Laws of Princes, a great reason of men's doubts and and dissatisfactions concerning it. In Prolegom. circa med. Supervisorship, the necessity of it in an Ecclesiastical Uniformity. 297 the several sorts of the Supervisors distinguished, 297, 298, etc. the supreme assigned. 298 whence he derives his right. Ibid. the deputative Supervisors further distinguished. Ibid. the matters to be supervised, and the care to be taken in the supervising of them. 300, etc. Supreme, the necessity of some one such in every Ecclesiastical Uniformity. 134 the supreme in Humane Societies defined, as to his political qualification. 135 and as to his person. Ib. the Supreme power of jurisdiction of the Civil Magistrate, how it is committed to him by God. 136 Sibylla Erythraea, or Cumana, her testimony concerning Christ. 24 Simony, why forbidden by the Laws Ecclesiastical. 265 how it is committed 266 the punishment of it. Ibid. Synagogues, no express approbation of them in Scripture. 197 Sincerity, ought always to be in men, in the giving in of testimonials to profession in an Ecclesiastical Uniformity. 279 Synod of Divines, the last way in this world for the finding of truth in matters of religion. 232 it's right to the handling of such matters. 233 the rights of Princes in relation to it. 233, 234 Synods Heretical, the Prince's power of prohibiting them. 234 and what they are. 235 Syrians, their Liturgy. 198 T Temporal Penalties, how far forth the severity of them may be inflicted in spiritual matters. 270 Testimony Divine, in what it consists. 17 Testimonials to profession, in an Ecclesiastical Uniformity, defined and distinguished. 277 those to indefinite profession assigned. 278 and also those to definite. Ibid. the necessity of Princes exacting the special sort of them. 280 of these Testimonials under the notion of religious bonds. 281 and in what manner, upon what accounts, and to what things they oblige. 282, 283 284, 285, etc. Theodosian Code, its dignity amongst books of Laws. In Prolegom. ad fin. Toledo, his saying to the Legate from Rome, in the Council of Trent, concerning Christ's Valuation of Souls. 217 Toleration, what is meant by a lose and open toleration of venting of Opinions. 151 Tradition, the only instrument for the conveyance of the Doctrines of religion, and the testimonials to them down to future Ages. 18 that subservient to Moses his Law. 20 when it is an infallible conservatrix of former Records. 18 how it was subservient to the Heathenr prescript of Religion. 22 and how to Mohomets'. 23 the tradition of the matters of the Christian Religion, how it hath been credible. 25, 26, 27 Transmigration of Souls, a doctrine of Religion amongst the East Indians, etc. 114 Tribonianus, employed in the collecting the Digests. In Prolegom. post med. Tribunals, Ecclesiastical. 301 Tridentine Fathers, their saying concerning the Mass, its being established in an unknown tongue. 181 The Twelve Tables amongst the Romans, from whence derived. In Prolegom. post med. but now extinct. Ibid. U Venice, that state its prohibition of building Religious Places without Licence, 219, 220 Venting of Opinions in matters of Religion, the necessity of a restraint to be held upon it in Humane Societies. 164, 165 An Uniformity defined. 1 and distinguished. Ib. Uniformity, Ecclesiastical, the general matter about which it is conversant. 2 it is the means necessary for the preservation of the welfare of the Magistrates public charge. 79 the appertaining of it to the well-being of Humane Societies, proved more generally. 82, 83 the greater necessity of the treating concerning it evidenced. 194 the Rules to be proceeded by in the alteration of it in any National Church. 206, 207 the practices of men, conversant about the making use of it in Societies, assigned. 168, etc. such an Uniformity distinguished. 168 the grounds and reasons for it assigned. 169 the two grand instruments of it, Ib. divers have been the sorts of it in divers Societies. Ib. the principles leading men to the use of it. 169, 170, 171, 172, 173, 174, 175, etc. Princes have been forced many times to the further degrees of it. 176 from whence the just measures of it are to be taken. 182 who hath the right of framing it in Societies. 183 Unity in matters of Religion, the necessity of some kind or other of it to be maintained in commonweals. 39 All men would have it. Ib. but none yet hath sufficiently described it. Ib. It is the Mother of Charity and Peace. Ib. the necessity of some kind of it for the holding of that Peace and Charity amongst men. 164 that Unity distinguished. Ib. the internal defined. Ib. the external described and distinguished diversely. 162 it is the great stated medium for the holding of a charitative communion in Churches. 162, 163 the Unity of the use of public worship the great secondary medium for the holding of it also. 163 Uses, those which are to be made by the people, of the Canon, and Liturgy in any National Church. 244, 245, 246, 247, 248 Vulgar, their manner of entertaining judgements in matters of Religion. 150, 151 W Sr. William Wade, his Monument in the Tower of London. 65 Women, their being zealous Suicides at the funerals of their husbands in the Eastern parts of the world. 114 Worship of God distinguished. 164 Wray, Chief Justice in the King's Bench, his Report made in the case of Smith's conditional subscription to the 39 Articles of Religion in England. 284 Writing, the ordinary way for the conservation of things and Records amongst men: 164 X Xenophon, his mention of the Heathen ways of Prophecy. 20 Y Young men, advised to a greater caution, as to the divulging of Opinions. 295 Z Zaga Zabo, amongst the Abassines, both a Bishop and Viceroy. 129 Zaleucus, his cunning in dealing with the common people. 115 Zeal, the Noble and Generous heats of it, not intended to be extinguished by an Ecclesiastical Uniformity. 295 but only it to be regulated. Ibid. FINIS. The Intelligent Reader is entreated to Correct the ERRATA committed in the absence of the Author.