180

Of [upreme civil Powers,

4.. i could reckon very many. more inftances to the fame p;;rpofe but thefe are as good as more; efpecially beinz but particulars of that P~l\'er and juft confequence of that authority which I have prov'd by the lawes of God and the confeflions of the Church to be inherent in the Supreme

·l!:~~ti:;h. powe~. I f~~m~,upth~s with t.he words of Bdlfdmo.f2!Iia jlatll!um ((If/III/11m Y per altum tnjUrtil afftctendllm;ipfe Patrlarchaab Imperalore,qllt Eec/(ji.t h.lhet poteftatis (cientiam,judicahiturJorte lit {acrileglls{1Jel mate de fide ientiens VII aliclljus criminis reus : Hoc enim judicia/iter alillm vidimus divcrfis temporihilS, Beeallfe it is commanded Ihal one man fooliid nOI ir)jure another, the PalriIlrchhim(elf foaD be judged of the E,,!pmr,who hath cognifllnce OVCr the power of the cb'lrCh perddventllrefor fAertfege, or for herefy, or for the guilt of any o. ther crime; for we have Jiverstimes £em (uchjlldicial procefJes. And to the fame purpofe the feventh Canon of the brft l ouncil of Mit life on fubjects the Clergy to the fecular Judge in the caufes of theft, witchcraft and murder. and the Council of Toledo which is cited c. filiis 16. q. 7. does the like i~ the matter of robbery or cefenage, For either Clergy-men are not Iub, jed:s, or they are bound by the Iawes of their Prince. If they be nor fubjeces, how come they free ~ If they be fubjects, where is their privileoe ~ or is the Spiritual calling of a nature fo dilparare and eftrang'd from ~he Commonwealth, that it is no part of it ~ or is it better then the Secular ~ The queftions are worthy inquiring after; but the decifion of them will take off many prejudices from this great rneafure of Confcieuce, concerning the fountain of humane lawes and Judicatories.

5· But upon a clofer view of the particulars it will be found that the

whole matter is a miflake , a falfe confequence drawn from a true eflimate of religion : For all men grant that religion is the greatefl excellency, th,[ our foules are the biggeft iaterefl, that all our wealth is befl imployed when it is Ipenr in Gods fervice, that all things muft yield to our dutv to God: Thefe are all very true, as every thing elte is when it is truly u~derftood ;. but what then ~ Therefore the minifters of religion are to be preferred before the minifters of policyr Well, fuppofe that, for it is true that every thing is bell in it's own place and time. But whatr therefore the miniftm of religion are fuperior toPrit)ces,whofc Government & care,whofe office and imploymene is meerly temporall ~ That will not follow; nor this, Therefore the miniflm of religion are in AD things better; nor this, Therefore thlY Itre if) ,"'hing inferior; nor this, Thtrefore thlY Itre not JNbjea to Civil Government, Ana civil pllnifoments, But thefe things mull be confidered apart.

I. ~ell:ion.

In what fenfe the [ervice oj God u to he preJerrd before eve,y thing elfo·

6, To this I anfwer, I, Thatif the fervice of God be taken in a fenfe

oppos'd to any other thing which is not the fervice of God, there is no peradventure but it is to be preferred before every thing ~ for the queftion is no more then this, whether we ought to Ierve God, or net to ferve him. For if that which is not Gods fervice comes in competition with that which is, if the firft be preferr'd.God is direaly defpis'd.. .

z, 11

CHAP, 3: and their Laws in Ipecial. 18 I

1'-;.1£ by-th~r~rvice of- Goa is-meant th~vc:rtu~~f;eligion exprers;J.-~ in excernall ad ion, as faying our Prayers, receiving the holy Sacrament

vifiting Churches, fitting at the ~emorials. ~f Martyrs; contemplation:

fafting, filence, [all tude, and the like, then It IS as certain that the Iervice

of God in this fenfe is to be preferred before many things, but not before

31~ things;. n.ot b~fore many things of our ordina.ry life, not before many

things of CIVil fOC1Cty. For to keep a holy-day IS a part of the fervice of

God, but not to be preferred before bodily labour in our trade, if th~t la-

bour be neceffary for the feeding ?ur fam!ly with daily bread.Contemplati-

onisan excellent part of the DIVIDe Iervice.but charitable aCtions are more

ufefu!. To heare a good Sermon is good; but. to fnatch even an oxe

out of'a pit is to be preferr'd before it. "(his our Bleffed Saviour tauaht us

in th?fe excellent w?r?s,~"'iD hAv.e '!leroy A~d not facrifice,For not onel~ the

prec~C~ venue of religion IS the _DIVIDe fervlc~, thougb by proeriety it hath

obtain d the name: but the doing all our duties, the works ot our calling;

all charitable minifteries, all ufeful trades, all the graces of the [pirit ex-

preffcd in adions and obedience, is the fervice of God, and of one it can.

not be faid, it is better then another; for they thall all be reqair' d in their

feafon, For,

g. 3 •. It is one thin.g to inquire which is in it felf more excellent, and an-

o&h~r ~h11lgw a~k which we are to chufe~ ?nething t~ fay this is to be preferr d 10 efhmation.and another to fay this IS to. be preten'd in pradice. Ecfralies and raptures and converfing with blefled fpirits are certainly adions and paflions .refpedively of greater eminency then dreffing the fores of poor boyes_in Hofpitals; and yet he that does this, ferves Chrift and does good, while he that followes after the others may fall into the delufions of the Devil. That which i& beft in it felfis not beft for me: it is beft for the beft frate, but.not for the Ilate of men who dwell in imperfection, Strong meat is better then milk, but this is beft for babes; and therefore he would but ill confult to the good of his child who; becaufe it is a princely boy, wanld feed .him with bief and venifon, wild b031'e. and the juice of ~reatfiJhes. Certainly a Jewel is better then a piece of frize , and Gold IS a more noble and perfect fubftance then barly: aid yet frize and barly doe in their feafon more good then gold and Jewels, and are therefore much more eligible. For every thing is to be accounted of in it's own place and fcene of eminency: the eye loves one beft,and the tongue and palate, the throat and ftomack love the other. But the underftanding which confiders both gives the value according to the degree of ufefulneffe,and to the end of it's miniftery. Now though our underftanding can confider things in th~ir ?wn perfedions, and proportion honour and value to them; yet that which 1$ better then hon,ur, love and defire, union and fruition are due to thofe things moft, which it may be we hmollr leafl, And therefore. there arc fome parts of the Iervice of God which are like meat and cloths, and fome which are like gold and Jewels; we value and admire tliefe, but we are to chufe the other: that is, we preferre one iii difcourfe, and the other in ufe, we give better words to one, and better ufages to the other. And therefore thofe parts of the Divine Iervice which are moll: .necefiirry,and doe moft good to mankind.are to be chofen before thofe that look more {irlendidly, and in themfelves import more perfedion, The foundation 0 a houfe is better then the roof, though the roof be gilded; and that part of the fervice of God which ferves the needs of mankind

~ molt,

18 z. of Jupreme civil Powers, BooK III

molt is to be chofen before [hofe which adorn him better: fo thataC!ion~ of high and precife religion may ~e. the excellencies a!ld perf~cHons of a humane foul; bae the ?ffices. of civil governours,. th<:lr keeping men in peace and jull:ice, their affrighting them from vile l~pletles, may doe much more good to mankind, aha more glory to God in the whole event of things.

9. 4. But then if it be inquir'd whether is better, Prayers or Government,

a Pulpit or a Court of Judicature; lam to anfwer that they ~re both beft in their time. The Pulpit rules on Sundays.the Court of Judicature all the week after. The Pulpit guides the Court, and the Court gives laws tothe Pulpit. The Pulpit gives counfel to this,and thi~ gives commands to that. But there is this difference, if the Pulpit fays amifle we arc not bound by it: but if the Court judges ill, we may complain, but we mull: fubmit. But then to Inquire which is better, when they are both the Iervants of God, is to make a facrion in the houfe of Unity; and as there can be no good end ferved in it, fo there can be no good ground of reafon or revelation by which it can be deter min' d.

tc, 5". If the queftion at lall: be, whether. is. t? be preferr'd, the Iervice of

God, that is, an aa of religion, or an aa of civil life , 1 anfwer, that ordinarily religion is to be preferr'd, when there can be a quell:ion reafonably ask'd which is to be chofen, That is, if it be indifferent as to the perf on, there is no indifference in the thing: for the religious aet does more honour to God and more good to us, But it is becaufe that where our life and time is empty of other duties, then and there is the time and proper feafoD of religion. But if it be not indifferent to the man, but an aet of life or civil calling be in it's [eaCon andappointment,then this.is to be preferr'd before thar,

1 t 6. Lall:ly, it is to be obferved, that there are feafons ordinary and ex-

• traordinary in our fervicesof God. Every thing in it's ft;afon is robe pre· ferr'd:and therefore upon Feftivals we are to goe to Chnrchand to publick offices, upon other days to follow the wor ks of our calling: and fo prefer both in their time. But fometimes thefe ordinary fcafons are invaded by extraordinary neceffities, and then that mull prevail which is moll neceffary in it's feafon, and .the other mull: give place. Now becanfe this hap· pens often in the needs of our life, and not very often in the needs of Religion, therefore in cafes of Natural or Political neceffities, the things of the Commonwealth are to be preferr'd before the things of the Church; that is, the fervice of GOd in charity before the fervice of God in the vertue of external religion: and the reafon is, becaufethis can ftay, andt~~Other cannot ;and this can be fupplied with the intemall, that is, the rehgloD of the heart, but that cannot be fupplied with the charity of the heart.

QycftioD

and their Law! in JPeclal.

~efl:ion II.

Wki.h are to bt prtferr'j, Imd which art better, thillgs Spiritual or thhlgi tempor41?

11. To this the Patrons of Ecclefiaflic Monarchy give a ready an (i"i'er out

of s .. Gregory N_azi4n~n, freaking t~ t~e P~e~dems. !_Vam v~s quoque po- Orn. ! j. ad 1IJ14f1 me" mees1'1e fllbfelllltlex chriflt fll~JlClt., Impe~tum entm ipfl qUOqllt f.bJ. lim. gcri"'Ns,addo etta~ pr~.ftallttus ac. perfefl'~s; 111ft oero ~qllUIN eft [piritum percul. "'1Ii fafcts f"bmtltm, & Clrleft'" terren« ceder», The law of c/irijf htlth

fMbjeOed YOII alto that are civil M4giJlratts to my cluir«, For we alfo hlt'lle

an Empire, yeaa better al1d more perlefl Ihm yours, unlefTe it bt reajonable

that the Spirit fhollid (ubmit to the FlrJb, a1ll/ heavenly t!;ingl give plact to

IIrthly. For temporal things belong to the body, and fpiritual things to

the foul: by how much therefore the foul is above the body, by fo much

fpiritual things are above the temporal. For a temporal end is and ollght

to be fubordinate to a Ipiritual , becaufe temporal felicity is not the la11: end

of man, but fpiritual and eternal: this therefore being thegreatefl, ought

to be minill:red to by the ceffion of the temporal.

I;. To this I anrwer, that temporal things ought to yield to JPiritual, if

by Ipiritual things be meant the glory of God, and the good of fouls, but Dot to every thing that is Ipiritual, For though it be a fpiritDal imployment to ferve God in the communion of Saints, and the life of a man be a temporal thing ; yet a man is not bound to lofe his life to goe to publick churches, but for his own fouls Ialvation, for the promotion of religion and the honour of God he is. A man is very much better then a bei.,ll:; yet the life of a beafl is better then the fuperlluous hair of a mans bear!. The honour and reverent. dfage of Churches is a fpiritual concern and a matter of religioncand yet whea an army is hard PUt to it, they may defend them[elves by the walls and ftrength, and preferve their lives with an ufage of the Church, which was never intended by the patron that built it, G!' the B~lhop that confecrated it. When temporal life and eternal are compar'd, when the honour of God or the Ildvalltage of a man are fer in oppofition, when the falvatiolf of a foul and the profit of trllde are confronted, there is no peradventure but the teTJIP~ral mull: give w:ly to the fpiritu41. But when aumporal nm}ity and a fpiritllall advantage are compar'd, the advantage in the nature of the thing is overballanc'd by the degree of the neceflity, and the greameffe of the end: and it is better to fell the chalices of the Church, and minill:er to religion in glalfe or wood, then to fuffer a man to ftarve at the foot of the Altar. The confequent of this confideration is this, That although fpiri.' things are better then temporal, yet not every thing of fpirituaillature or relation is to be preferr'd before all temporals.

14. 1. Another confideration is this, that there is difference alfo in the de.

gree~ and meafures of ceffion or yielding. Temporal things mull yield, that IS, we mull: fa order our affaires that by them we ferveGOd;our money ~uft goe forth in ;ull:ice and charity, our time mull: yield up portions to religion, our perfons mull: decline no labour for Gods fervice, and if ever there comes a contell between our duty and our profit, or our eafe, or our

Q ~ advantage)

Of fupreme ciruil Po-wers,

advantage, we muft by the loffe of thefe Iecure our gaines and our interefi: in that. But this preferment of one before another does not confift i givil!g to Gn~ fecular advanr3.ges before the other, temporal honours, an~ precedences in pro~effi?~, III efcurcheons an~ atchlevemems_,but in doins the duty of that which IS incumbent, and maklU~ t.he other mlnifier to th; which is more necellary. He that preferres religion before the world is not tied to beflow more money upon hIS chappel then upon his houfe If God had chofen him one place of refidence, and a Temple for his houf; and for the religion of the Nation.as he did among the Jews, there hod been a great decency & duty of doing fo upon many accounts; for then t~ quefrion had been between religion and irreligion, zeal and contempt love of God and negled 5 and then the determination had been eary. Bo~ now fince the whole end of internal Religion can be Ierv'd by giving to places of religion that adornment which may make the miuifteries decent a.nd fitted and of advantage; beyond this, when we come to a difpute betweea th.; which is in order to a fpiritual end, and that which Ierves a temporal more things are to come into conlideration betides the dignity of th; relation.

i5. ,. For_itisyetfurther.to be ob[erve~,.that when it is [aid that all

temporal things are fubordinate to-our Spiritual ends, the meaning is that all the actions of our life, all that we are, and all that we have mu-It be direded actually or habitually to the great end of man, the glorifi~ation of God and the Ialvation of our fouls; becaufe God hath ordain'd this whole life in order to that; and theretore in the generality it is true that all temporal things are co minifler to fpiritual. But then this is to be added, that temporal things are not ordaind to miaifler to Ipiritual intermedial things fuch,I mean, which are not directly and-in cireumftances neceflary. 1 mua ferve God with my fubflance , therefore I mull: by my fubftance contribute to the jull: and appointed minill:eries of religion: but it does not follow thae if the Church multiply Priefls unneceffarilys and God hath multi: plied my children naturally, that therefore I mull: let my children want to feed the numerous company of them that can minifler Ipiritual thinas. The whole is fabordinare to the whole, that is all our temporalities ~re given us to ferve God with.but then they are given us alfo to [erve eut own needs that we may ferve God; but they are not any other ways Iubordinate, but to enable us to ferve hint, not to ferve the particular fpiritual end, unlelfe it be by accident, that is, not unleffe w~ cannot ferveGod without it.

16. 4. For temporal things and fpiritual things have both the fame Iuper-

natural end, [hat is, Gods glory and eternal felicity • .An.d Iometirnesthey feve~ally tend to this end, and then they are to goe their own ways, and not to minifler and be fubordinate to each other. lIJ3ut Iometimes they are to combine and to cooperate, and then temporal things mull: ferve fpiritual, and fpiritual muft Ierve the temporal. For example. The Temporal or ~ivil power hathfot it's end publick tranquillity, that men mayferveGol m all Godlinefle and honefiy. The Ecclefiafiical power hath the fame end: :e&!O"J.n 1'1 (3a.O"ih .. ",,~, ~. 0;;}11I 'f'A~, ..,,;;. U'lIlI'C9"" f1rIhIIef.""Y, laid [fldm Pellpot. Ifliallnor now confider the whole effect of lhis truth, but in o.rder to the prefent fay, that fince both temporal and fpiritual things mi.Dlileno the fame end, that is, (<l1vatio.n of mankind, they are ditlind me-

thods

CHAP.3. and their Laws in fpecial. i8,;,

thod;-;;i;fttumellts to chat end, and of themfelvesare nut in Iirbordim,

tion to one another; bur as temporal things mull: ferve fpiritual when there

is need, Io mull: fpirirual ferve the temporal when they require it : The temporal power muft defend religion, and religion mull: minill:er ro the

publick p,eace. .The Prince n:~fi give advantages to the ~inifters of reli-

gion; ana the Miniflers of religion mufl pray for the Princes armies, his profperity, his h(1)nou~, and by preachings ana holy arts mull: give bridles

to the fubjeds, keeping them in duty by the means of Confcience. The

Prince by laws and fear makes men jnfi and temperate,chaft and peaceable:

The Prieft do~s but the fame th!ng by the word of his proper minillery. He that does It moft effectually IS the mo!!: happy: but he that will goe about to compare which does it moft, and therefore is to be preferr'd Ihall then hope to doe it profperoufly when he can tell which fide of the Alquinoctial hath mofi Ilarres, or whether have moft drops of water, the Northern or the Southern feas, The fumme of this coufiderarion is this, that although temporal things in their latitude are to ferve Ipiritual ends, meaning the great end of the perfection of our Spirits: yet fo mull: the intermedial jpiri!ual things (er~~ the fame great end; but the intermedial temporal and the intermedial !pmtuat are not Iubordinatero one another, unlefs it be by accident, and that may and often does happen on either fide.

1_' But I muft adde one thing more for explication; and that is, that I though all things in the world are to minifter to the great end of fouls, and ccnfequently are. fubordinare to that great end; yet it is (that I may ufe S. fallis expreffion 10 another cafe) by rcaJon of him that h4th put aD things nnder it : for this fubordination is not natural, or by the nature of the thing, but by the wife Oeconomy and difpofition of God; who havinz appointed that all things Ihall be fallClified hy the word of God and prayer,Othat Natural powers (hall be heightned by grace, and Ihl11 paffe into firpernatural, and this world into another, hath by his own politive order difpos'd of temporal th~ngs and power~ beyond their ?wn intention •.. But orherwife, temporal dungs have an ultimate end of their own.terminann g all their natural inrentionand defign, Thus the end of the Mariners art is not the Ialvat ion of the fouls of them that (ail with him, but the fafe landing of their perfons and goods at the port: and he that makes Ilatues hath for his end a pertect image, Indeed the man may have another end, to get reputation, to maintain his family, to breed up his children in the nurture Itnd admonition of the Lord, and at !all: the falvation of his own foul, by doing things hondl and profitable: but though rhefe may be the ends of the man, yet they are not the ends of his Art;and therefore his Art hath no natural fub .. ordination, becaufe it hath no natural order to Eternal falvation. And this IS the cafe of many Temporal things, efpecially Arts,offices, enrercourfes aud Governments. Therefore fuppofing all that is faid in the objection, thar temporal felicity is not the lall: end of man, but fpiritual and eternal, yet though It be not the end of a man, it may be the end of humane Governmenr \ and by not being in a natural order to Ipiritual ends,though Ipiritual be a better thing.yet it follows not that it ought to take place of that, upon the account of its being better in another kind. The body indeed IS fubordinate to the foul, becaufe it hath all its motion and operation and life from the foul, and in a natural conjunction and eflential Union is it's ~ppointed iaflrument : but Temporal things and Spiritual are not fo conJOyn~d> and doe not naturally, but by accident miniller to each other; and

<2...3 there ..

\7

91 Jupreme civil Powers,

BOOK Ill.

186

therefore are made fubjeCl: to each other alternately, when they are called

to Iuch accidental or fupernatural Miniftrations. .

Q,gefHon III.

whether .Ire 10 be preferr'd, Spiritflal bT Temporal perfons'

18 How spiritual things are to be l'referr'd before Temporal I have al-

• ready accounted; but it is a confideration diftinCl: from that, whether Spiri. tual Fer[om be to be preferr'd before Tempora~. For from things toperfons it will not follow: and he that hath a better art IS not always the better man. and he that is imployed in the bell concernments, hath not always the ad: vantage of profellion. There was.3 time in Rome when the ~hyficialls were but fervants, and had not the liberty of R,mans; but certainly it is a better trade then fighting: and yet then the fouldiers were accounted the greater men. Herod the Sophifter had a fonae that was a fool and could never learn the Alphabet, but he had two and twenty flaves that were wife fellows; but die Mafter was the better man. But when the queflion is con. cerning the honour and dignity of perfons, weare to remember that bOllor eft in hOllorante : mallY men deferve honour that have the leaft of it, and it is as it is put upon us by others. To be honour'd is to have fomething PUt to them, it is nothing of their own. Therefore in this queflion there are twc things to be ask'd: the one is, what Spiritual perf ons deferve , the other is, what is given them. They may deferve more then they have, or they may have more then t~ey deferve , bur whether either or neither happens, He that hOllonrs himfelf; hit honour is nothing; but he is honourable whom God or the King honours: and therefore fpiritual perfons ought to receive much, but to challenge none; and above all things ought not to enter inro comparifon with them from whom all temporal honour is deriv'd, But when the queflion is concerning the prelation of Secular or Eccleliaftic perIons.the beft anfwer is given to it, When they ftrive to preferre one another. in giving honour to each other. But I remember that the legates at '[rtllt were horribly put to it to place the Orators of the Kings of France and Spain, who would both gee firft : they at laft found an expedient.and they did both goe firft,and both were preferr'd in feveral pofirions, So is the [pi. ritual perCon and the civil, they are both befl, but the honour of one is ternporal, and the honour of the other is Cpiritual; or rather, one is properly called Honour, and the other, Reverence. Honour the King, Revmnce hi; Priejh. But this Qleftion is not propedy a queftion of right, but of duty: and the fpiritual man muft not call for it, but the other muft pay it. And it is fomething a fad confiderarion to think that all the O!Jeftions of the preference and comparifon of fpiritual and temporal perfons doe end in covetoufnefle and ambition, towhich Ipiritual eminency, let it be never fo great, was never intended to minifter. For the honour due to fpiritual perfons for their fpiritual relation is a Ipiritual honour, and that though it be never fo great cannot well be compar' d with temporal; for it isa great honour in another kind: but whatfoever temporal honours are given to them, are then well given when they are done in love to religion; and are then well taken when the advantage paifes on to the good of fouls, and does not fully the Spiritual man with fpirieual pride, or temporal vanity. Socratts complains [hat the Bifhops of Altx.nJria and of Rome were filUm int9

Empirr,

and their LiW.r in /pecial.

Plllpire, or Dominion. ,That' s non~ of the ~refere!lce proper ro a fpirituai man. He is then honor d, when his perfon IS had 10 reverend and venerable eft~m, when his counfel is ask'd, when his example is obferv'd and followed, when he is defended by laws and Princes, when he is ref cued from beggery and contem~t, when he!s enabled to doe his duty \~it~ advant~g.es, when he can verify his Ecclefiaflical power, when he can vindicate religion from opprellion, and laftly, when his perfon which is the relative of religion receives rhofe advantages \~hich a~ a man he needs, and which can adorne him as fuch a man. But If he dlfputes for any other honour, fo much is his due as is given him by Chriftian Princes or Commonwealths, and no more; and he will gain the more by making no further queflion, Chrift gave his Apoftle.s power abundantly, b~t the gre~teft honour he save them was to fuffer for his Name; and of this he promifed they fhould ~ant nothina r but when Kings became nurling Fathers of the Church, and file fuck' d t~e breafls of O!!_eens & princely women, then the Spiritual perfons &ouides offouls had temporal honoursheap'donthem.as the offerings were ~ade for the Tabernacle, more then was Iafficient, For it quickly rofe into exceffe, and then the perfons of the Prelates fell into Iecular affe,Eons and grew hated and envied and oppos'd, Ammi4111H MarceUinld giving an account of that horrible fedition raifed in Romr in the conrefl between Dama{tu and Urjicintu about the Papacy, fays he wonders not that the Prelates did [0 earneflly contend for the Bifhoprick of Reme, cum id ddepti, f"tllYi jim it.: [ecuri, tit ditentur oh/ationibu; Matrollartl11l, ,rocedaTilque oehiculi: in{ldmw, circumfPeEle veftiti, (pilip curantes profufp, .deo lit e9T11m cOllvivi4 Regales [uperent ",en(tf4, Beeilll[e when they have obtained it, they are f4fe and warm, full with the ,blations of the g~od women, And are carried in their caroches,and lire neatly habited, and Ji'lendidl] frafted, andthemfolves keep Tahles beyond the profufenelTe of Kings. Now although Bithops are Men, and Religion it felt is ferv'd by men who have bodies and fecular apprehenfions, and therefore does need Iecular advantages; yet this belongs to them as Men, not as Spiritual. It is juft as if you fhould call the General of an Army H,ly Father, and beg his blelling, and fet him in the chiefeft place of the Qyire, 30d pray him to preach opon the greateft Fellifals of the year, and run in multitudes to hear him fpeak. Thefe are the proper honours of fpiritual perfons , and the fplendor of the world is the appendage of fecular atchievements: whatfoever is neceffary for their perfons in order to the advantages of religion is very fit to be given by Princes to the Biihops.who will certainly modeftly entertain it, & by pious conduct transfer it to the glory of Chrift and the good of fouls. But this is Done of the Honour that Chrifl; invefted their Holy order With: They have an honour and a blefledneffe which none but themfelves can take from them. The RQfary of Chriftian graces is the tiar of their head, and their offic~ is their dignify, and humility is their JPlendour, and zeal is their COllque{f, and patience is their Eminence, and they are made ilill{friotu by bri~gitig pea<le, and promo~ing holineffe, and comforting the afllieled, and relievinz the poor, and making men and women ufeful to the pubhck, and charitable in their minifleries, and wife unto falvation. This is that which

was Ipoken by God in the Prophet [(aiah, Since thou waft preciou; in my Ifai.414,

.(JZ.ht thou haft been honourable. And this was obferved ?y the ~a~a~, who .

being furpris' d with the fecular fplendor of the Rdman Bl{bOPS lik d It not.

hut faid that there was another way for them to be truly happy: EfJe pote-

'«Nt beat; reVUIl, ft mJlgnitlldille IIrbis de[peElJ qll4/11 viti;' "p~tI~t, ad

Q. 4 fm,tatlonern

Of Jupreme civil PO"alerI,

BOOK 111.

J88

imitatiollem Antiflitllm !Jllortmdam provinciaijam viueren: qllOS tenuit (dmd; pot47ldique parcijfime, 'tI~li~At ttjam i~d"mt»torum, 6- fi'pm;lial,: mum fpeClantza, perpetflo Nflmllli veruque e}m cultoribm t4t p"ros commen_ dant (} verwl!1dos. They are the words of Ammianm Marcdfinm whom I lately mentioned. The Rom.an BiJhops .might indeed be truly happy, if the de(pifing the fplendors of the CIty w~lIld It,,!e At fome Bijbops in the Province! wI/om ibeir temperate and [pare diet, their plam habit Iflld their humble car~ riage .reprefen~ to God and all God's. fervAms M perfons pure and modeft. But then If t~IS difcourfe ~ave any ~hlDg of reafon, pLety or truth in it, it muft needs be infinitlycertain that fpirimal perfons are [9 be preferr' d before the temporal in Ipiritual honours, but not in temporal regards; they have nothing to doe with them by virtue of their order or their office: what the have to their Perfons by the favour of Princes and Nobles is of anothlr confiderarion, and fo this queftion is chang'd into an advice and beft ends

in a Sermon or Declamation. '

<l.£e!l:ion IV.

'whether fhtEminencl of the ffiritual callin$J and the con[rqufllt prilariol) of fpmtuai perjons; can exempt them frOID fUldar coercion andm4ke

them fuperior to Princes. '

19. In what fenfes Bifhops have any firperioriry over Princes I Ihall after-

wards explain: Now the que!l:ion is concerning fecular fnperiority,and imrnumtv from the. temporal [word ofPrinces, Now to this, I fuppofe,lVhat Lhave already faid may be able to give an anfwer, For the fpiritual order gives no temporal power at all ; and therefore if all temporal power be in the fupreme Civil Magiflrate, all men that can deferve to feel the edse of the fword are Iubjed to it. For what ~ Had Archimtdrs reafon to take it ill of the Romans tor not fending for him and making him General in the syraellf~n wa~re, becaufe he was a better Geometrician then any of all their Senate. Letais the eleventh of France had a fervant who was an excellent furgeon, and an e~cellent bar?er, and drefs'd his gout tenderly and had the o~denng of hIS feet and his face, and did him many good offices, But the WIfe ~nnce was too fond when for thefe qualities he made him governour of Ius Counfels, Every good quality, and eveL-Y eminence of Art, and every worthy unployment hath an end and deligne of it's own,and that end and th~ proportions to It are to be the meafure of the ufage of thOle perfons wIuch are appomted to numfter to it. Now it is certain that fpiritual p~rfons arc appointed lI:1LDifters of the beft and molt perfective end of mankm~, but to fay that this gives them a title to other Minifteries which ar~ appointed to other ends, hath as little in it of reafon as it hath of revelation. But I ilull not dilpute t.his over again, but Ihall Iuppofe it fufficient t~ adde thofe authorities which muf] needs be competent in this affair, as bem& of Ec~lelialhc perfons, who had no reafon, nor were they willing, to .dt(plfe their own jull: advantages; any more then to ufurp what was unjuf],

10. When ?rig.en complain'd of the faftuoufndfe and vanity of [orne

Ecclefiafhcs In his time? they were bad enough, but had not come to a pretence of ruling over Kings upon the Ilock of Spiritual prelarion r burhe was

-_ .. _"._- -------_._--.

ClJAP.j,. alld their Lal1Js in (pecial: 189

---_._--- ._ .... _--- --~----=----~--~

\Vas troubled that fome had quit their proper excellency, conli~ing in the

multitude of fpiritual gifts, their unwearied diligence ill the care of fouls,

their dangers, their patience, their humility, and their dyings for Chrift.

£1 h.f> nos docet fermo DivimH (faith he) The word of God teaches m thefe

rhirws, But we either not IIderflanding the Divine will fet dewn in Scri-

p'llr~s or defpijillg what Chrifl to filCh pllrpofes ,ecommended to tU,are Jtieh

thJt w; fum to exceed the pride even of the evil Prin:e; of the world: Mid we

Joe 1I0t onely feek for glMrds t~ goe before m like I,mgs, but are terrible to

the poor, and of difficult accejJe, and behAve 011T fe/om to'lJ4rds thaft who ad-

drtfJe themfelves TO interced« for Jome Ihmg or fume p,.,(on, that we are more

cruel then Tyrants, and the fecular Lords of their jub}ec1s. And in fame

chl/rehes you may fee (efpieially in the Chllrcbes of the grMep cities the

chief of the chripia» peoele ~either affable to others, nor pffering others

to be free in their entereoUr}es w,!h them. Thefe things ~reout of the. y!ay

of the Eccleliafrics for thefethmgs cannot confifl wun piety and humility,

and the proper impi<lymems of fuch perfons who gain'd the world by cef-

non, and got victory over whole K!ngdomes by trampling upon Devils,

and beins trampled upon by men. Bifhops fhould be like the Symbols of

the Bleied Sacrament, which although for the ornament of religion and

for our fakes and becaufe we would fain have opportunity to lignify our

love to Chrift, we minifler in filver and gold, yet the Iymbols themfelves

remain the fame plain and pure bread and wine, and altered onely by

prayers, and by [piritual confecration, and a relative holinefle, Bur he

were a ll:range fuperftitious fool who, becaufe the Sacramental bread anU

wine are much better then all the Tables and viands of Princes and all the

[poils of Nature, will think it fit to mingle fugar and the choiceft fpices of

ArJbia with the bread,and amber-griece and powder of pearl and the fpirit

of golJ with the chalice. Thefe are no fit honours to the H. Sacrament:

the fymbols of which arc fpoil'd when they areforc'd off from the fimpli-

city and purity of their infritution and defigne, So it is with Ipiritual per-

fans: their office is Ipirirual, and their relation is holy, and their honours

are fymbolical. For their own fakes.Princes and good people mufl caufe de-

cenr and honourable minifteries and accommodations to be provided for

them; but frill they muft remain in their own humility and meeknefle and

piety, and not pretend to dignities hererogeneal, and Eminences feculae,

bccaufe their Ipiritual impIoyment is very excellent. It was S. Gregory Nazianzcn's with, that therewere in the Church flIIIJ'; 'l11"{!jel'eJ,,, fI/tIl'l '1;" Ora:.pc£l "i" oe;7.p.n,,,, '.'I 'TVe;t"'X;' 'l11"{!jVOfL'a" J. ~ a:ps"" ,.,g,", ''J<,,,,,,,op4:'JrJ., Neither tum. pmet/mc] oj Epi{;opal Sees, 1I0r any Eminency of one place above snothrr,

nor a1lJ T~rannicAI or pompoll4 provijiu1Is IIlId foiennities, that we might be 'ipi1lguijllfd o1lely by our verlue. Now if prelation by order and Ecclefia-

!lical Oeconomy amongll: the Bifhops was of Io ill effect,fo little neceffary,

and fo greatly inconvenient that the good Bifhop wilhed there were no

fuch thing; there is little reafon to doubt, but he would hav~ infinitely

condemned all preteafions of a power over civil governments. But the

Bilhops of ROllle were not at that time gone fo far. The Archimandrites of C~/1{fantinople,complaining againlt the f-U1ychians, write to Pope Agapeffll, in i" SynoJ. that if they be ftill permitted [licenter ol1lllia II&eedent, no» tOfifra Ecclejia- Act, r, To, u. jlicos folos,fed efiAm COlltr4 ipfilm piiJ!imum ImpcY4forem,noprIlTn 6' veflrum •. CO~II. buPOrabile &apu~J They will40e infolencies not onely to the Ecclefiaflics,hllt alfo

t~ Ollr "!ojI pium Emperor, who i4 the honourable heAd hoth of you and IN.

~ lhi~ power of headfhip or Iupremacy over the whole order Bcclefiaflical

WlS

190 -------"O} jupreme civiIPo'Wers, BOOK III.

~~--~~~~~~~~-~~-

was acknowledged in the Church for ab?uc a ~hourand year~ : for betides

the apparent praCtice and approbation of It, which I b~ought I.n the former pages, we find that the Bmperour 8mry the f~cond did deprive Widgml4 . of the Arch-Bilhopnck of RAvenn<l,and depos d Gregory the fixth from the

Papacy.

21. And therefore we find that thofe ancient Prelates that call'd upon

Princes to pay reverence to them, ~nd an acknowledgment of that Authority which Chrift intrufted in. their. hands, accounted them wholly to be diftinCt things,and not at allmvadmg each others limits .. For ChnR by making them Chriftians did not make them leffe to be Pnnces:and ChriIlian Emperors could not goe leffe then the heathens; they were certainly no loofers by their baptifme, For it had been a ftrange argument for SJIvejitr to have us'd to Conjl4n1ine, S', give up your [elf a Difciple to the moll. Holy 1ef"", and you fhall have a crown hereafter, and herealfo you Ihall ftil! reign over all but me and my Clergy; to us indeed you mull be fubjeCt, and by us you mull. be g?verned, but the C rown I~periallball be greater then every thing, our Mitres oneiy excepted. If this had been the ftate of the queftion, I wonder .b:t: what arg.ument could the Prince. have been perf waded to become Chrifliam when It was Io obvious for him to fay, that Sylvejier had reafon to move him to preach Chrifl, Iince he got Io much temporal advantage by it, but that he could ~ee little reafon.why himCelf Ihould loofe and Syivejfer get, and become a Dilciple of Chnll to b'e made a Minor and a Pupil [0 the Bilhop. And indeed it Would have been a flranze Sermon that preaches humility to Emperors & dominion to Bifhops. B~t their fermons when they were at the higheft were of another nature. D~ hUlllaniJ rebm jl/di.are pmniff'um eji, non pr.teffe Divini4. So

tom. ,I, \,illc. P. GeldfitU declares the limit of the Imperial and prieftly power: Of all anarhcm. things belonaina to this world the Emperor is to judge; but not to be the prer~dent or ~hi~f Minill.er of holy rites. GellljiUl fpake it upon occafion, becaufe Anaftajim the Emperor did unneceffarily interpofe in the abfolution of Pete; Bifhop of Ale xandria.T his Pope GelafiUl fuppos'd was of another nature, and not relative to the things of this world, and therefore not of Imperial cogniCance. But all the things of this wo~ld belong to . him. And if all things of this world, then all perfons of this world. F,or circ« actiones proprie verfatllr Imperillm, fay the Lawyers, Rule and Empire and all power of judicature is principally conc!rning aCtions; but adions a~c done by perfons, who therefore are fubjeCt to government. And upon this

~ cncil. Law. account the ~rjcan Bifhops petition'd the Em1erour that he would compel coruulr. ,. lub I I Bi f If 'I b f Catholi k C . n

~1",iIlQ J. Pall t te I JOp 0 Con antmop e to e 0 teat 0 IC ommun~o .

And the Fathers of the 9 b Council of 'Toledo, making provifions agamft thofe Ecclefiaflics who prevented the jull. dividend of the publick oblaeons, they firll. order them to be privately reproved, or elfe to be delated to the Bifliop, or to the Judge. But if the Bilhop cofen the Corban, let him be delated to the Metropolitan: but if the Metropolitan doe any fuch vile thing, Regis h.tc attriblll intimare non diffmmt, Let him without de/a]

'P" \ Earcn. be acr:llfed Il1ItO the King. And Lambert the Emperour about the year of rQ~'. LO. A. D. our Lord 900 having ferne conteft with the Pope, propounded this lirll: ar- 901· H. t 7· tide in a Synod at Ravenna, If any Roman of the Clergy or the Senate, of

!Vh.:t order fower, ]h411 either vollintarily or bJ "mpllljion appc4J to the bnperial MAjef/y, let no man pre{lIme to contradict him: _lint ill the Empero! by himfelf or his Mijli'lles ]hall deliberate concerning their perfons lind thetr

CAllIes.

HermanIn Chrcn.

and their Laws in j}eciall.

mfn. Thus we finc! Pope Leo the 4th fubmitting himfelf to LOlhAriUl the Di~,'?, c. de Emperour, and promifing obedience: and to LndoviclII he profelfes chao( if"pnul"N . fi he have done amilfe he willamend it according to his fentence.or the judge- •. q.7. c. 0' •. ment of his Deputies. Upon the confideration of rhefe and many other

particulars Gratian, though unwillingly, confeffes that in civil caufes a ".9. I. c. G~ Clergy-man is co be conve~'d b:fore the civil ~ud~e:, and although~ little ~th?im, §. after he does a little pr~v~ncate 10 the matter or criminal caufes, yet It was •. q .• : §, irem; roo late; tor he had [aid .It ~ef?rf, B.egllm ej1 corpor41(m trrog"'~ !fJ!nllm,

l(illgs have the_ power of tTljlll/lIl/{ rlrplral !flnijbmmu: and therefore if a

Clerk were guilty in a criminal caufe,the fecnlar Judge had power over him,

f~id the Fathers of the firll: Council of MAlijcon, cap. i. But it matters

not much, for a greater then Grati4n faid it in his own cafe before the

civi! power, If I h4ve done any thing worthy of death, I refllfe ",t to die:

they are the words of S. Paul, .

QQ.efl:ion V.

Whet/Nr is to be obeyed, the Prince or the Bijhop, if thej h4ppen to fOwim4nd ,contrAry thi»gs f

", To this I an~w~, that .it is already determin'd th~t the Emperour is

to be obeyed againf] the Will ofthe Bifhop, For fo It was Iii the caCe Of Mauritius and S. Gregory; for the Bifhop was fain to pnblifh die Princes Edid which yet he believ'd to be impious. It was alfo moft evident in S. .AthmJim of .Alexandr;tI, S. GregDr'j of N~z.!An7-lIm, S. Chryfoftom of conftantlTlople, EllfehlSM of S,mofatA, who by injuftice were commanded to leave their Diocefes,

." But this is to be underll:ood in aCtions which can by Empire and com-

mand be chang'd into good or bad refpeCtively : becaufe fuch a~ion5 -are moR properly the fllbjeCt of humane laws. For in what God hath ex· pretfely commanded o~ forbidden.the Civil or Ecclefiaftical power is onely concerned to Ierve the inrerefl of the Divine Commandemermto promote or ro hinder good and evil reCpeCl:iveiy. But whatfoever is left undetermined by God, that the fupreme power can determine: and iii Iuch things if there could be too fupreme powers, the government were Monllrous, and there could be no obedience ; for no 11Jan wi for'llt t1lUl NA{lers. Now the Iupreme power hath in this no limit, but that which limits bothpowers , the laws of Nature and the laws of JeCus Chrill.: and if there be any thing commanded by the Prince agaitift thefe, the Bifhop is to declare the coatreIY, that is, to publifh the will of God, provided it be in an evideat maeter an~ without doubtfull difputation •. And then, t~is being prov!ded fd~, the cate cannot be fuppofed that the Ktng and the Bifhop both doing their duty can command things contrary.I doe not fay but a temporal law may be agamll: the Canons of the Church I but then we are to follow the civil law, becaofe the power is by the law of Nature fupreme and Imperial. The matter of the Civil power and EccIefiafi.ical is fo wholly diifering, that there where either hath to doe it cannot coritradi~ the other; but if th~

. mva~e the rights of one another, then the qlieftion grows hard. But die folutlon Is this;

if

Of fopreme civil Powers,

BOOK li1.

"4. If the Bilhopinvades t~e rights of the Civil power he is not at al1t~

beobeyed, for he hath n?thlng to doe there. But if the Civil power inv~des the ri~hts of the BIIltOP, then they are either fueh. rights which are his by politlve I~ws and humane conceffion, or Inch which by DIVine ap-

pointment are his due. .

"5. All thofe which are the Bi1hops right by pofitive laws may by the

fame power be refcinded by which tliey were granted; and therefore if a King makes a law againft the rights of the Church, and the Bi1hop protefls againll: thatlaw, the King and not the Billtop muft prevail. For Neminrm fibi imptr4re poff!, &- neminem fibi lege", dicere, a qua mutata VO/untdte ntquw ruedere, fay the Lawyers. A man may change his will as lens as he Jives \ and the fupreme will can never be hindred: for !ummllm t~NS tff. Imperium qui ordimlrio juri derogllre va/eat is a rule in law, He that is the fupreme can derogate by his power from an ordinary right, viz. by making a contrary law.

,,6. ., But if t~ey be the rights of Bifhops and the ~inill:ers o~ Religion by Divine appolDtment,then the Bifhops command IS to prevail, cum c~ndiHDne erICH \ that is, fo 3S the fubjea: muft fubmit to the Princes anoer~ and fuffer for what he cannot doe, according to that of S. Allftin, ImptratoTlS cumin errore flint, proerr"e cemr» verifatem leges dInt, perquM juJli& pr~hantur &coronllntfl~, no» faciendo qUdd ini jubmt, qll;a DeusJ.rohibtt, Mifl4ken PrInces make til laws ; 1m, by them good men are tried an crown'd, hy not doing what God hllth forltidden thlm. This is much more modeftly exprefs'd then that refponfory in the Roman Breviary, fpeaking of the Apoftles, Ifli funt triumphatms &- amid Dei, qlli fontemmnW jUff4 Pri»-

n.communi cipum mer"erunt pYiemia tlterna, They have deferved eternal rewaras hJ tltApoll.R.6. Jpiftllg the co",,,,,,nds of Yrinm. The expreffion is hard; for though their impious laws are not to be obeyed, yet indefinitely it is not Iafe to fay, their commands are to be defpis'd. And none ever leife defpis'd the laws then they who.becaufe they could not obey them againll: God, yet obeyed them againft themfelves , by fuffering death at their command, when they might not Cuffer a finne,

"7. But then this alfo fuffers diminution. For if the Ecclefiaflical power

in fuch things where their authority is proper and competent and Divine, give any ~egative or prohibitive precepts, they may and they mull be obeyed intirely , becaufe every negative is indivifible, and hath neither parts nor time: and in this they are but proclaimers of the Divine Command!Dent, w.hic~ if it be negative it can never be lawful to doe againft it. ~ut In pofinve Inftances of commandemenr, though from DiVIDe Authonty, (f?r that's the limit of the Ecclefiaflical power and authority) if the King commands one thing and the Bi1hop another, they are feverally to be regarded according. to the feveral cates. For the rnleis this, That all extern~l adions are under the command of the Civil power in order to the Jlu~1ick gover~mrDt : and if they were not, the Civil power were not fufnClently provided for the acquiring the end of it's inflitution: and then It would follow that either the civil authority were not from God (exprelfeIy againll: S.Palll) or elfe all that God made were not good, as being delea:ivl! from the end of it's creation. (expreffely againll: Mofts, and indeed againft the honour of God.) Now becaufe external adions are alfo in or-

ee:

CHAP.3. and their La'RJl in j}ecial.

~;-el-ig-io-n-i-nt-e-rn-a-l,-it-happens that the Spiritual power hath accidentally power over them. Here then is the ilfue of this inquiry! when ad external action is neceffary to the publick fervice, and yet in order to religion at the fame time, the pofinve commands of the Spiritual fuperior muft yield to the politive commands of the fupreme Civil power. For that which hath a directpower is to bepreferr'd before that which hath but an indirect power. Thus it is a divine precept that we fhould not·neglea: the alfembling of our felves together. Upon the warranty of this, the Guides of fouls have power to command their flocks to meet at the Divine Iervice , and they are tied to obey. But if at the fame time the Prince hath given command that rhofe perfons or fome of thofc: who are commanded to be at the Divine Offices, be prefent on the guards, or the defence of the city walls, they are bound to obey the Prince, and not the Prieft at that time, ~ For belides the former reafon, when external adions are appointed by competent Authority, tbey are cloth'd with circumflan, res with which adions commanded by God, and in which Eccleliaftics have competent Authority, are not invefted: and amongll: thefe circumfrances, tim.e and place are the principal. . An~ therefore it follows ehae in estemal actions the command of the Prince 15 always to bel· referred before the command of the Church \ becaufe this m~y ftay,an that"cannofi This is not by God determin'd to time and place, but that is by the Prince; and therefore by doing that now, and letting this alone till'3nother time,both ends can be ferv'd : and it were a arange peeviilineife ofGovern~ ment (betides the unreafonableneffe of it) to croffe the Prince to 1he\v our power, when both may fland, and both may be obeyed; if theydiduot croud It the fame narrow dore together, there is timeenoitgh for them 1:0 goe out one after another; and by a litle more time, there will be a·great deal of more room. I have heard that when King :;IImes the 6th of $f8t~ i,"d was wooing the Danifh La~y,he commanded tbe Provoft of Edtnhllrgh and the Townfmen upon a certain day to feaft the Denmark Bmbaffsdors, snd to Ihew all the bravery of their Town and all thefplendor they could: oi wi,lich when the Pre.sbytery had notice, they to crofle the King proclaim d a faft to be kept In the Town upon that very day. But the To",nf~ men according to their duty obeyed the King: and the PresbyterylJ.Fght Ml'econlider'd that i~ was no zeal for God that t,he Faft·w.isindiCled'np~~ that day; but God mighr have been as well ferv d by the Tuefday.'fal-!:' as by the Monday. Thus if the Bcclefiaflic power hath admitted a'perfon to.Ecclefiaftical Minifleries or Religions, if the fupreme Civil 'power te~ qures his fervice, or if he be needed for the publickgood, he may dim:' mand him from thence, unlefle there be fomerhing collaterally tohijtder ~ 15 If the Prince have f worn the contrary, or that the perf on requir'd have 3bjur'd it by the Princes leave: but fuppofing him onely bound by the Ec~ cleliallical power, the fupreme Civil power is to prevail over it, as being the lord of perfons and actions external. . An inflance of this was given by M ~uritiHi the Emperour forbiddin~ his fould.iers to t~rn Monks withOUt his leave, though the la IV was made fore agamft the mind of S. Greg'.

'Y who was the Bifhop of Rome. And thus It Cilfimire King of Pol,mdwas .. A, D. 10 ... I3ken from his gown.and invefled with a Roy.aI Mantle I and diversM6n~s

hive. been recalled into the imploymentsof armies,or publick Counfe!s, ot .

pUbhck Governments. .

R

Buc

OJ !_upreme civil TOrPers,

BOOK HI.

194

:a8, But this a1fo is to be underflood with this provifion. The fu re

Civil power hath dominion over external- adions, [0 as to govern thfm £e t~me and place and. other circumflances, He can forbid Ierrnons at fucho~ time; he can forbid fafts or publick Iolennities and meetinas when h pleafe,and when it is for the interefls of goverrusent: and con~erning. e accident or circumflance and manner he can give laws, and he mull: "~y obeyed •. But he~annotgive la:n~ prohibiting the thing it [elf, our o]' b"= tred or in perfecutionof the religion : for then the Ecclefiafhc power is t command n~t onely the.th.ing, but the circum fiances (00. For the thin i~ [elf, It IS plain, becaufe It IS a DIV.ne Cornmandement, and to this the sg·ritual power mull: minill:er, and no Civil power can hinder us from obeYi~. ~od: and therefore theApo~les m~de no fcruple of preaching Chrill: pub~ hcklr, though they were for?ldd~nlt under great pellllties. But then for the circumflances, they alfo 10 this cafe fall under the Ecclefiall:ical pOwer If the Prince would permit the thing, he might difpofe of the accidents ~ for then he is not againft God, and ufes his right about external actions' But if he forbids the thing, they that are to take care that God be obeyed JIluft then invell: the aCtions with circumll:ances ; for they cannot be at all unlclfe they be in t~me and place.; and therefore by a con[equent of thei: power over the thing they can difpofe the other, becaufe the circum frances an: not forbidden by the Prince, but the thing, which being commanded by God & not being to be done at all but in drcumfrances, they that mull: take care of the Principal muft,in that cafe, take care alfo of the accelfory. Thus we find the Bifhops io the Primitive Church indicting of Fafis, proclaim in. ~1f!!q1blies, calling Synods, gathering Synaxes:for (hey knew they were ob: liged to fee that all that Ihould be pone which was neceflary for the falva[ion of fouls and inil:rut1ipn of lives by preaching, and for the Il:abiliment of.tl~e Church by affemblies and co~munions. Now the doing of thefe things was necelfary? ani! for the do!nD" of thefe they were ready 10 die 1 for tlIat paflive obedience was all which they did owe (0 thole laws which forbad th~m under pain o~ death: for it w~s neceffary thofe things fhould be done, It was npt neceflary they Ihould live, But whenthe Iupreme Civii power is Chrill:ian and does not forbid the thing, there is no dsnser that GodHlall not be obeyed by the Prince his changing and difpofing~he circl,lD;lfl:ances of the thing; and therefore there can be no reafon why the Priq~ fhould be difobeyed, commanding nothing againft God,and zoverniQg in that where his authority is competent. Thus if the fupre~e Civil P9'\ler' Ihould command that the Bifhops of his Kingdome Ihould not ordain ~uy perfons that had been fouldiers or of mean trades to be Priefts,nor confq;rate any Knight to be a BHhop;though the Bifhops fhould defire it very paffiQRately,theyhave no power tocommand or doewhar theCivii power hath forbidden, But if [he fupreme Ihould (ay there fhould be no Bifhops at all, and no ordination of Minifters of Religion according to the laws of Jefus Chritt, .ilij:~ the que(lion is npt whether the fupreme Civil power or 'h, l!cdeliaftlj:3lls (0 be obeyed, bm. whether Man or God: and in thac c;U~. if the: Biifl~ps doe not ordain, i,f they doe not take care to continue a (lW~qffi{lll'in theq~urch of Gqil, they are to anfwer for one of the great~~p,!lgI~s of ~1l~Yo~ which m~-kin'" is capable, alwaies fuppos'd that ih,~ order-of !liJb~p~ IS nf!:(!lf¥y to the Church, and th'lt ordination of Priefls by Bifhops is of Apofrolical inftitution, and th~~ there is no Univocal generation of Church- Minifters but by the fame hands which began the IIAfo{(.;' fuccefliolJ, and hath continued it for almofr feventeen ages in the

Church,

(5;;;'-3.- and their Lall1I in /pe(;al, 19~

Ch~~I~ or~hich 1 a~ not now to ioterpof~ my f~nt~nce,but to ail fiver ~b~~--'~ cafe of ConfcLence rei ymg upon the fuppofition, This, onely I am to adde,

thIt fuppofing this to be neceflary, yet it is to be done cJlm conditione CTII-

cis with fnbmitlion to the anger of the laws if they have rut on unjuil ar~

m~ur' and to be done with peaceablenefle, and all the arts of humility and a(ntle~elle,petition and ivife remonftrances,

~ • But there is yet one referve of caution to be us'd in this cafe. If the Ci~i1 power and the Spiritual diffe~ in t~is particula: .the Ipiritual mull yield [0 long.and forbear to doe what IS for~ldden by their l~wfull Iupreme, uorill it be certam that to forbear longer .IS to neglect their duty, and to dii'pleafe God. _ If the duty or if the fucceflion can be any way fupplied, fo that the inrereft of religion be not ddhoyed, then cdlioll or forbearance is their duty. And therefore if .the King of PortJlgallhould forbid confecrations of Bifhops in his Kinzdome not. for a time, but for .evee, the Bi- 11lops were bound to obey, if they could ~e fupplie~ from ot~er Churches, or if it were not necetlsry that God fhould have a Church Inl/orfllgll/, or if without Biiliops there could be. a Church, .. But i[they, be [uretliafthe Bilhops are the head of Ecclefiafhcal Union" and therefer~ thecon[ervators of Being; andif the remaining Prelates a~~ convinc'dihat God hath reiquir'd it of them to continue a ~hurch inAlornlgal <a,s.,it is certain that by m.any regards they are deter~!"ed th.ere·.~o ferve Gods ~hurch, and to provide fo: fouls ~d fo~ the reitglon.of t~eir. charg~S) and If they"co~ld be 00 otherwife Iupplied With Eccleliaflical per!pns of ihe order and ordinati- 011 Apoflolical, as if other Churches would not ord~i!l.J3iili~ps orPriefls for them b~~ upon finfu! conditiqns~ an,4. vjolation of their Co~~ciCllces: then the SpI;1tual power IS to doetheir d~ty" aQd. the.fup~eme CIVtl power is to doe their pleafure , and the worfl t4at can come IS the crown of Martyrdome, which whofoever gets will be no loofer., .. )\1!4 therefore Lcannot without indignation confider. it, t. hat the POJl~Pf"R¥~t. ~'Yho pre~~, nds to be a great Father of Chriftians,iliQuld,noF o~efY lleglec:t but refiife to' make ordinations and confecrarioasin tqat ~h!lr~p ;;whiclii(their Pri~c'e 1li9uld doe, the Bifhops ought to fupply it by .welr care; @.d t,herefore when tile Prince de~rcs it, a~ it is in~nite difhonour, to ~he Bi(hiil? ·of, ;RQ"!t to, lJeglea: or refine, 1lI compliance With. .the t~mpQralmtere(1;· orthe Kl"g of S,Pllin2 fo itis the duty of the BHhops o(pmugill to obey their Prince. But 1 have nothing to doe to, meddle with any Iilan~ illtere~, much lelfe that o£ Princes : onely.the Icene o( this caf'~ 9F CQ~lcie.nc~ Iiapp,en~ ~.oW':tp.1i~ in Pmuga/, and. ,thl: confideration of It w.a~:\lfefullin l.Ii~.deterJl1ina[l~n: of

ths prelent quefiion. . , . :,., n .•

19· But this Qpell:io,n h3~h~~n appe~Jel~{br~nch\~~(~~is~1r.o. fi{t~be

~onfider' d. . What if the Civilla\,\,s.:1I\91 tM EcdefiaO:i,~al be,confrru:y! as It happens in di vers particularhas, if t.b~ _P,~ipcl1pe a heretick, .an Arf;i~ Of ~d~tdoll;4n,.:.alld.happenst.o .fo,rbjd th~invo~a~, ,iO.1),0;:_'t4,e H~¥ ~hoff ...• or glVlDg Divine honours to ~e Son of .Go. iI'.,an4.th~~!i. urch ;qath dwaycs ~one it, and always commanded it. WAAtis ~9ileiqc;lOe.lrI:tlYs Cl\(e ~,This uiftance makes the anfwe~ e~fy.; for in mattersdff:ai,th it.i, cq;tain theAIlthority_and . laws of God have made thedeterJl11nado,ri. ~)aiill theretiire in there and thelike the Church i~ bound t040~and ~o qfiliev~ and to.\,[Ofdfe.accordi~ .to thecomman4s:mentof.God •. But .ho,wlf the l,lrtnce does nOt forhidthe inte[~~ 4u.ty (rorip th~t his 'aut~ori(y is mcoJUpetent) but commands onely thaqh~e Ihould be no, prams tQtheHoJ,y Choll;

. Ra put

J

Of Jupreme cirt;il Powers, BooKll1.

put into the pub!ick Liturgies of rhe Churchxto this the3I1fw~;-i;~e~ tain,That though 10 all ~xternals the ~up~eme CIVIL powerns ~o be obeyed, yet the fpiricuai power 10 fuch cafes IS tied to confeffe th.e: fauh which the Prince would c!iCcountenance. and to take tate that their charges Ihould plentifully f~pply in all their private .d~votions what is no~ ptrmiued to them in publick, And the reafon of this IS .Mt that they ar!! tied to doe any thiiIg in oppofition ?r Icandal to th~ Pn~ce.; but that they arc: in qUty and charity (0. provide lell:the publick d,kouragen;ent and alteration of thl! circumftance of rbe daty, doe not leffen .the duty '~ternal and elfential: and therefore. t~.1y ~re to I?l1t ~o ~uch more to the pnvatt'~ that they may preVent rhediminution which 15 hkely to come upon the private duty from

d\'e publi~k prohibition, :.

: Bile there are fame Civif !:lVI's; which are oppos'd to EttleGalHcal, not

30• by.contrariety 6ff~~Cl:ion. a~a¢oi.nl'natJd '. hinr in.de, but ?yconrrarietyof declar:~ti~lI.or P~illio? ref~I!~lyely -. · Thusif the ~cdeftalhcal laws have forbIdden m!itn:tgema cm:rtrtDegree,ail.d the CIVil pOlVerhath permittedit then tlii:Ttibted:. may·mtJre 'fafeli tibey.thepower E.cdeliallical ; becaufe by fo doihg. he avoids' .the offending i).~ religious perfons, and yet . difbbeys no command "()ftfte~rrilc.e ; for nd elYl1 power u[I1:1I1.y commands a man to m~rr.y ina 'cer~aio ~.e,e :~h~'te.erefGre ~vhen h~ IS at hbettr from, the CivilIaw, which 'fh ffiin:afe g!ves, h,im no command, and helS notat libettyfrQ~,i:he E'ccle~afticllla,?,; wlUt'h hath ma.tI~ a prohibition, he mull: obey rWQiurch i whlCh if it had rlo'pOWer over him; could haVl: niatle'hol:iw' andif h'have a FOwer). it inull:'-be' obeyed; for In theprefent nkihere is bothing to·hlnder'it. So it is ih fllcli tMigs whi'ch are permitted t61' the hardm;lf-e c1f ¢ros hearts or the pUblick ne£el!ity. The pertniffidn' dE' tlie Ptiht~1is no aWfolution from the ~a\tthority of the Church. ·5up~u4ng Ufl1ry:f(l~~1liiIa)VruH~ 'as it is' cert~irtlnany kinds and iuftan_ces :o~, i~,a~highlyct. it#gaI,;Y~ttheqv~ la\~s.jier~.it it, and the Church torbrilslt;ln ~lI.sta:fe~he 9~n~b~:~~~0I:lefrd&-ra. FOI:·tltough It be perm/tted; yet b1 tIte taws tW 1l)2n lk'~o~pe~ d 1:0 b~all Ufurer,5 and therefore he mllll: pay thh~~~('rrhce' an4 b~¥ieDte W~N;.h!I.g otherwlfe dae (0 them

that-have thbule'o'iYer thertl'ln;tntconduCl:'of th\;lf fouls, .

• - •. ~ J •• tt. ~ ',: j '.::.

and their Ltt'Wf in JPecial.

CHAIl·3· .

197

ned by coufdence; and therefore it is necelfary that that part of the publick Government which is to conduct our confciences more immediately filOuld give a bridle to that liberty which, by being in fome regards necefCary, would if totally ~ermitted b~come intolerable, And. therefore the fpiritual powe~ p~ts a little myrrhe lot? their wm~,and fupplies that defect which in the mtngues of hum lite affaires we bring' upon our felves by

making unnatural neceffities, .

p. ~ur then if it be inquir'd, whether it ,be lawfull for the. fpiritual power

by fplfitu.11 Cenfures to punifh thofe achons w~Ich the CIVIl po~er permits; I anfwer, that the Church makes laws either by her declarative and direct power, or by a reductive and indireCl: power: t~at is, Ihe mak~s laws in matters expreflely commanded by God or forbidden, or elfe in fuch things which have proportion, fimilirndes and analo~ies to the Divine laws. In the firft Ihe is the declarer of Gods will, and oath a dired: 'power. In the fecond fhe hath a judgement of difcrerion, and is the heft Judge of Fit and Decent. If the Church declares an aCt to be againff: Gods commandemenr, or bound upon us byelfential duty, in that cafe, unle1fe there be error evident and notorious, Ihe is inrirely to be obeyed: and therefore the refraCl:ary and the difobedient Ihe may eafily coerce and punilh by her (enfures, according as Ihe fees it agreeable and conducing to Gods glory znd the good of fouls, although the Civil power permits the faa: for nece[fity or great advantages. And the reafon is, becaufe as the Civil power Ierves the ends of the republick by impunity and permiffion, [0 zhere is another end to be ferv'd which is more confiderable, that is, the ferviceof God and the interefl of fouls, to which Ihe is [0 minifler by laws and punilhments, by exhortations and the argnment of rewards: and as every power of Gods appointment is fufficient for it's own end, Co it muff: doe it's own portion of duty for which Io competent provifions are made. And therefore the Spiritual power may in this cafe punifh what the Civil POWer punilhes not. »With this onely Caution, if the Civil power does not forbid the Church to uCe her Cenfures in fuch a particular cafe: for if it does, it is to be prefnmed that fuch Ecclefiaftical coercion would hinder the Civil power from acquiring the end of it's laws, which the Ecclefiaftical never ought to doe; becaufe although her cenfures are very ufefull to the ends of the fpiritual power, yet they are not abfolutelyncce1fary, God having by fo many other ways provided for fouls, that the Church is fufficiemly inll:ruCl:ed with means of faving fouls though Ihe never draw her "vord. But the Civil power hath not fo many advantages.

n- But if the lawes of Church are made onely by her Redua:ive and in-

direi!t power, that is, if they be fuch that her authority is not founded upon the exprefle law of God, but upon the judgment of difcretion, and therefore her laws are concerning decencies and ufefulnelfes and pious advantages, in this cafe the Church is not eaGly to proceed to Cenfures, unle1fe it be certain that [here is no differvice nor difpleafuredoneto rhe Civil power. For it will look too like peevilhneffe to crofle the Civil laws, where it is apparent there is no neceffity, and no warranty from a Divine commandement. The Church would not have her laws oppos'd or difcountenanc'd upon little regards; ana therefore neither mull: Ihe without great necellity doe that which will cauie Come diminution to' the Civil bws, at Icall: by interpretation,

R 3 And

Of fupreme civ,l PO"alers,

--~~~~--------

34. And after all th!s, if it happens that. the Civil power and the Eccle-

fiafticalcommand thmgs contrary, there IS a faulr fomewbere,and there is nothing to be done but to inquire on which fide God is \ for if he be not on the Churches fide by a direct law in the matter, .he is not on the Chur. ehes fide for her relation, but on the Kings fide for his authority.

. BOOK HI.

From the matter of the former Qy_eftion arifes another like ir,

Q.Eefl:ion V I.

whlther in the c;vil4f4;m and cauflS oftke EcclefiaftiCAlfmm and plrfo,", the prefll11l1t;on ought to lie for ,he Ktllg, or for the Church.

35. This Q!Jdl:ion mull: fuppo[e the cafe to be dubious, and the mltter

equal on both fides as to the [ubjea: matter \ tor elfe there needs to be no qud\:ion, but judgment muft be according to ~he merit of the caure : and it muft fuppofe alfo rhat neither of them Will Yield, but ufe their own right; for if either did themfelves would make an end of the quelhon: but when both are in pre;cncCl, and the pretence is .equal in the matter ~n.J rheargumeat and that the caufe is to be determined by favour and privilege, whether is to be preferr 'd ~ I doe not ask which is [0 be preferr'd in law ; for in that quefkion, the laws and cuftomes of a people are the rule of determination : but whether there be in confcience any advantage of prefumpti· on due to either.

36• To this Ianfwer, that in the .m<;>ft pious ages of the Churc.h the pre-

fumption was ever efleemed to he.lol' the. Church when th~ Princes \V~re Chriftians: and when the quefhon IS of piety not 01 authority, of chanty not of Empire, it is rheretore fit to be given to the Church, I. Becaufe if the Civil power takes it to it [elf, it is a Judge and a party too. z. Be· caufe whatever external rights the Church hath, Ihe hath them by the donation,or at leaft enjoyes them by the conceffion of the fupreme Civil power, who in this cafe by ceflion doe. c.onfirm at le~ft, and at mo~ bur enlar~e their donative, 1. Becaufe the fpmtual power IS under the Kmgs protedion, and hath an equal cafe with that of widows and orphans •. It i~ a pious caufe, it is the caufe of the poor and the unarmed. 4. The Kmg IS better able to bear the loffe.and therefore it is a cafe of equity. 5. The Church is a relative of God and the Minifier of Religion, and therefore rheadvatage being given to the Church, the hon.o'!l' is done to.God; and then .o~ the Kings fide it would be an aaof religionanddevotion, {I. If the CIVIl power being judge prefers the Ecc1efiallics in the prefumption, it is cer~31n there is no wrong done,and none ha~h caufe to complai~: but if it be~galD!t the Ecclefiafhcs the cafe is not Io evident, and )ufilce IS not fo fecur d, and charity not at all done.

37, . And if it be thought that this dererminatien is fit to be given by a

Church-mall; though it be no objection while it is true and reafonable,r~t I endeavour'd to fpeak exaetly to truth, and for the advantage of the Civil power, though the queflion is decided for t~c Ecclefiafhcs, For ID fuch cafes,as the Ecdefiafiics will have advantage If they 10 dubious cafes nev~r

WIU

CHAP·3·

and their La"als in (pedal.

wil contend, Io the Civil power will ever have the better of it if in thefe cafes they refolve never to prevail.

-8 Although thefe inquiries have carried me a little further then the firft , • inrenti6n of the Rule, yet they were greatly Relative to it. But I {hall recal my Reader to the fenfe and duty of it by the words of S. Gregory, who

fayes that chrift.m 111Iperat8r~ & DI,mi" trihllit, ~ dominari tllm nan /,!lum EpHi. ~4'.d militibm, fed tttam Sacerdmbm {once!i!, Chrift hath both given all things 1 b,.odortim to the E11Iperou~, hut a power of d,mln1O/J not onN! o'lJ.er (he fiuldiers, hut medlcum, even over the Prtefts the11lfelves. A~d ~hat gre.at Wife dl~pofer of all things inHeaven and Earth, who makes twms In the little continent of their Mo-

thers Wombe to lie at eafe and peace, and the Eccentric motions of the Ol'bes,and the regular and irregular progreffions of the frarres,no, to croffe

or hinder one another, and in all the variety of humane atl:ions, cafes and contingencies, hath fo wifely difpos'd his laws that no coaeradietlon of

chance can infer a contradill:ion of duty, and it can never be necelfary to

fin,but on on.e hand or other it .may for ever be avoided.cannot be fuppofed

to have appolnted ewo powers in the hands of his fervants to fight againll:

or to refill: each other: but as good is never contrary to good, nor truth to

rruth, [0 neither can thofe powers which are ordain'd for good, And

therefore where the powers are diftinll: they are imployed upon feveral

matters \ and where they converfe about the fame matter, as in external

aaions and perfons they doe, there one is fubjea to the other and there-

fore can never be againll it. ' .

RULE VII.

The Iupreme Civil power hath jurifdiction in caufes not anely Ecclefiaftical,but internal and fpiritual.

I, BMIl--,J.;.:r 7rf.',,,", ~ Ku'e-c~ faid.Ariftotlt, of thingstJel6ng;ngt6Polit.l. !

Godthe King;' the GO'lltrlloNr.Therefore betides that the fupreme Civil .

power is to govern albperfons and all actions and minifteries which are di-

ltttly external, it is to be confidered that all:ions internal, as they can be

made publick, have alfo influence upon the perfons and lives, the fortunes

and communities of Men \ and therefore either are fo far forth to be go-

nerned by them who are go;ernours of men in their lives and fortunes, in

their Iocleties and perfons, that they may doe good to them, or at leall:

doe no hurt,

~ Therefore as the fupreme Princes and Magill:rates have in feveral ages

of the Church indulg'd to Eccleliaftics a power of Civil government, privileges and defenfadves in ordi/Je lid !iiritulia, that is, to enable diem widi the help of the Civil power to advance the inrerells of religion and the fpiritual men, which by evil men is apt to be defpis'd, as all the threat-

nings of the Gofpell and the terrors of death and the horrible aft'right- f

ments of the day of Judgement are: fo God hath aiven to the fupreme

Civil power authority over all publick religion in or3;ne ad bon;", <tempo-

r(le. Princes and Stata did tlie other. but God did this. That was well,

R 4- very

· . - "':, ~ .. ' ,.

,
f
:
~. ,
,
~.
i'·
f
~.
i 2.00

Of fopreme civil 'Powers,

BOOKlll.

very well ; but this is necellary, and that, was not., Th,e reafon of both is this Becaufe no external accident can hiader the mtenuons of God in the effeas of reliaion and the event of fouls, Religion thrives as well in a ftorm and in perfecution as in Iun-fhine, God had more Iummer friends under Conftlllltint, but poffibly as ".lany true ones unde~ Dl0cletian ; or if he had not it was mens fault, their weakneffe, not their neceffiry. But the Civil i~tereft can be really hindered by the intervening of new doCl:rines and falfe manners of worfhip: and the common-wealth if it be defrroved hath no recompence in eternity: and therefore God hath 1I0t call'd tliem happy when they are troubled, and hath not bidden them to fuffer rebellion, or to rejoice when men '/peak evil of dignities, and he hath not told them that great iJ their reward in heaven; but the whole purpofe and proper end of the government being for temporal fe!i~ity, though that temporal felicity is by the wifdome of God made to minifler to the eternal, the government expires in this world, & Ihall never return to look for recompence for it's [ufferings. But every lingle Man Ihall , and though temporal power can be taken from Princes, ~et a mans, religion cannot be taken from him: and therefore God hath given co Princes a fupreme power for the ordering of religion in order to the common-wealth, withouc which ithad not had fufficient power to preferve it felf; but he hath not given to Ecclefiaflics a pow.cr over Princes in matter of government in order co Ipiritual things,r .becaufe rboughfpirirual things may receive advantage by fuch powers if they had them, yet they may doe as much hum as good, and have done fa very often, and may doe [0 again. 1. Becaufe God hath appointed to Ipiritual perfons fpiritual inflruments fufficient to the end of that appointment. 3. Becaufe be hath alfo eftablilhed anothe.r .Oeconomy for religion, the way of thecroffe, and the beaten way o~ humility, and the defenfatives of mortification, and the guards of felt-denial, and the provifions of contenredneffe, and the whole Ipiritual armour, and prayers and teares, and promifes,and his holy fpirit, and thefe are infinitely fufficient to doe Gods work, and they are infinitely the better way. 4, Becaufe religion being a Ipiritual thing can ftand alone, as the foul can by i c felf fublill: and Iecular violence can no more deftroy faith.or the Ipiritual and true woriliip of God, then a [word can kill the underflanding, 5. Becaufeif God had given 3 temporal power to Ecclefiafiics in order co a Ipirimal end, then he had ret up two fupremes in the [arne affairs, which could never agree but by the ceffion of one; that is, the two fupremes could never agree bur by making one of them not tobe fupreme.

3. And the world hath Ieen this laft particul!r verified by many fad ex-

periments. For when the Roman Emperours reliding in the Eaft gave great powers and trufls to the Patriarchs of the Weft, by their Spiritual fword they began to hew at the head of gold, and lop off many Royaltiesfrom the Imperial frock.' And Leo IconomachlU for breaking down the images of Saints felt their power, for they fuffered not the people to pay him tribute in Italy, threatning to interdiel: them the ufe of Sacraments and publick devotions if they did. But as foon as ever they began by Ipirimal power to intermeddle in Iecular affairs, they quickly pulled the Weflern Empire from the Eaft, and in a convenienttime lelfened and weakned chat of the Weft. For Pope :John the third combin'd with BIe /J[,Ari,t14 and Ada/bar his fonagainft the Emperor otho the greac, and they mufl pretendthemtelves ro beK.ings of Italy. Pope :John the I8t' made

~ . . a

"nd their Laws in JPeciall.

CIiAP, ;.

2.ot

a league wic? cre[cc!1ti1l5, and airred up the people againtl: othd the third, ti

popeJJene!lE1 the ninth excited Peter 0.1 H/mgary co pretend to th'eEmpire

o,nely ro hinder Henry furnamed Niger from enning into Italy to repeat hi~

~Igh[s. And all the world knows ~hat Gregory the 7th did to Henry the

tourth! how he Iirft ,cau[e~ Rod .. ,p" ofsllevi~, and afterwards Eebert of

SaxOTiY to light againfl 111m:. and here their greae quarrel was about the

power of chuting the Pope, Then they fell out about the collation of Bi-

Jl]oprics; for which caufe Pope GelajilH the XI I rh caus' d the Arch-Bilhop of

Jo!mt:c. to rebel ag:ainft H_enry the 5th; and thel:e the Pope got the better of

him, and b~ the aid of hIS Norman forces which he had in Sicily beat him

mto compliance, Then they fell out about fame fees of the Empire· and

/PPOCtTIt the fecond raife~ ,up Roger the Normarl a~ainft LotharilJS the ~ 1 r.

.b')ut the Dutchy of POIIIOe.· a,nd S. B~rnaTd being made Umpire in the

Qg_arre1, the Pope got a fhare In B4'l1IlYlII, for whoever loft, (igllior Papd,

like the bu:lc;rs box~ was fur~ to, gec, by th~ advantage of his fupreme con-

duel: of religion which by this tune he goc into his hands.

~, And now he improv'd it providently. For the fame innkeflt fl:irred

up clle/phlU _Duke of BAVaria againll Conradt the third ; and thence [prang that difmal and bloudy fadion between the Gllelphs and ahibeUi,.s

But what Ihould I reckon ~,ore 1 I mull tranf~ribe the Annals of Gen"A~ Vid, Lultpron; nJ t,O enumerate the hofliliries of the RIma" Biihops aaainft the Emperors lib 6, c. 6, their lords, when tbey got the condud and Civil gov~nment of religious CuCpinia~, I!t

Ifa' s into th ir p , F J . B b .ff ,Tl~odo"c.'

a ur I ~. ower. reaertc sr Ilr"1JIl, Henry the fixth, his brother Niem in vita

rhtl/p, Prederi« the fecond, l~fllrJ the f~v~nch, Fm/eric of Allftria, Lew;. Orhcnj. of B.w,dna, S~g~mllnJ, Frederic ,the third, felt the power of a temporal

fw?rd ID a religious [cabbard : and this was fa certain, [0 conftant a mit-

chIef, that wheV tbe Pope had excommunicated eight Emperors and made

the temporal fword Cut ,off them whom the Ipiritual [word haci'llt'uck at,

the Emperors grew afraid, And Rad/~/ph of HafPllrg when he was chofen

Emperor durll not .goe into Itllly, which he called the Lions deane, becaufe

the entrance was f~lr, but few ret.ul'nmg footfteps were efpied, And it grew

to be a proverb, falch GU1CClllrd",~, PrOprtN1# eft Eccltfi'£Ddiffe c ~Jam; The lib. 4, Cbtliti, Chllf." hates c£[Il/':'; and the event was that which Carioll complained of,

Scdmbm P~TillfiClim hoc Imperillm tang"tjaE1am eft, By the wicJ:eJnel!e of

thl. Bi/h9ps ~f ilt,lIne the Roman Empire i! fa9m int9 decay. .

s, T hefe inflances a,re mOI'.e then en~uQh toprove that if Religion be go.

rerned by any hand with which the Civil power hath nothinG' to doe it may co~e to pafle that the Civil :power Ihall ~hav~ no hands a~ all, or they fl]al~be 1D bands.· ~he confequence?f thef~ IS this, . ~hat if the fupreme CIVI! power ~~ fufficient to preferve It felf,lt can provide againft the evil ufeof the fpmtual [word, ~nd confequentiy,can conduCt all relieion tbat ',an by evil,m~n be. ab~s'd, fo as to keep it barmldfe. If byexco~municanons the Bifhop can diflurb the Civil inter-e1l:rtb:e Civil power can hold his haads, that he 1h~1I not !hike with it,or if he QQes,can takeout the tempetal lhng, th~t:rc Ihall, not venome and fellier. If by tlralige dot'l:ril1e~ the Eccleliafhcs can ~heRe .thc he~rtsof [lIbjects from their duty, the CivIl power can forbid tht>fe doi:ltnnes to bepreach'd, If the Canons of tile Church be Ieditious orpeevifh Or apt for trouble, the Civil ~ower can command them to be refcindcd, or may refnfe to verify them, and make them intQ law,. But cbat we may DGl:truft our own

reafori

Of fupreme civil PO"aJerI,

BOOK III.

reafon onely, I Ihall inftance in the particulars of jurisdit!:ion, and aive evident probation of them from the authority of the befl ages.otthe Church.

6 And lirft in general.thar Kings or the fupreme Civil power is by God

. made an overfeer, a Ruler,a carefull Father, a Governour, 3 Proteaor and Provider for his Church, is evident in the Scriptures, and the doctrine of the Primitive ages of the Church. Nutritii & palm Ecc/efi£ is their appellative which we are taught from Scripture, Nurfing Fathers of the Church. P41ms I that's the ~?rd God us'd of Cy.rus the Ptrfian, CyrUl my fhepherd: and when the Spirit of God by DaVId calls to Kinas and Princes of the eart~ to kifJe the SOli lei! he. he Angry, it. inte?ds that as Kings they Ihould ufe their power andEmpire in thofe things 10 which the Son will beworfhipp'd by the children of men. For betides the natura13ndfirft end of government, which is temporal felicity, of which I have alre1dy fpoken, there is alfo a fupernarural, the eternal felicity of fouls; and to this Civil government does minifter by the Oeconomy and defiane of God: and therefore it was well faid of AmmianlM, Nlhil alilld e''p Imperium (ut fapienw definiunt) 1Jp cur« [aluti! slime. It is true in both fenfes , Empire i!1JotNing elfe (<II Wife men "ejine it) but" pfilVlr of doing good. by taking care for tkfalvation of others. To ~oe them gO?d here, and to caufe them to doe themfelves good hereafter, IS the: end ot all government. And the reafon of it is well expreffed by the Emperor Theo-

spud Cytil. S I J J

'p.11. dofi,,! 1uniorto : cyri ? .f2.!!anaoqufae1ll ut vera reiigio jujU at1ione perpci-

tur,tta & RefiubllClutYlufque ope TJlX4 {lorefclt, As true religion is perfected hy juftice, fo by religion and julfice the republick does ftourilh ; and therefore he addes,DtlM opt.Max.pietati! 6- jufl& afiio1Ji! ql#oddam qU"Ji villculum nos t1fe voluerit, The Emperor is by the Divine appointment the

common band of juftice and religion. .

7 In purfuance of this truth, Eufebill4 tels that C onftantim the Great

de vita Con- • was wont to fay to the Bilhops concerning himfelf, Yos intra Eccltjtam, !!.ant. lib. ". ego extra Ecc/ejiam" Deo Efi("P'" c8njlitlltus fum, You within the' burch c. Ii· mils and I without, but both of us are appointed by God to be BljbOpS or

overfurs of his Saints and fervaucs. And in the edit!: of Yaltnliniall and Marti"n, which approves the acts of the Council of ch"lcedon, they are both called Inclsti PMtifim,iUujlrious BiJhops:andthe Emperor Leo 3.io his ~piftle to Gregory the Bifhop of Rome fayes of himfelf o.n 'a.uiAtt, iJ IfP"" EI~, [am both a King and a prie_ft; meaning in office, not in order, in go· vernment.nor in mimfleries, Thefe and fuch like words are often us'd in the Letters enterchang'd between the Princes and the Bifhops in theAncient Church, of which that of Leo the Roman Bifhop concerning the French Capitulars IS remarkable, writing to Lotharius. De capilNlis vel pr.treptis ImperiAlibu~ 'IIej1ris ve{1",11", Pontipcllm pr .. decefJqrum irrefragahilitlr Ctl_ftodtendi! & mifervalldi!, 'luantu", 'fIAluimus & va/emus in Chrtjlo propitio, & nunc & ill 4vum nos .onfer'llaturos modi! omnihlls profittmur. It was a d~ret!: Oath off"prrm4cy• Concerning the capitulars Qr [",perial precepts glVell hy you Itll your predtcefJm who were BIJbOpS, (viz. in their power and care over Churches)!'Pe thro.gh the "'iflanee Of chrift promi(e <II mNch AI we .an .M, to keep and t~ confervlthem /"e'lltr. The limit at which pow-

fp;fi.,6.. e~ IS well explicate~ by S. A,u_ftin inthefe words, $.!IUltio Impera/lrls'lleTlwem tenrnt, Iro IPJ4 'IImtatl fontT. trrfrlm il/hent; ql/od ,,,ifq.is egnumpforil

CHAP, 3 .------;;;;J their Laws in (pecial. 20;

- __ ~ _- ._ ----- -_. :::._-----:-----__.:.~

ump/eri/, ip{e Jib; ]lldieimn aeq'lirit, When the Emperors lire chrijli4ns IIntl I(~hl htliwm, they make larv~ for the truth Imd IIgain[f falfe dofl.ri¥ia; which laws rvhofoevcr jba/l de/fife, geu damnll/lon tahimfelf.

,. For if we confider that famous Iaying of Of/dillS, chat Eee/efta e[f ill

rlfllblica, non respllblJe4 111 Eeclefia, The Cbsrcb is in the eommon-rve~ItIJ not

tbt commorHvenlih ill the chllleh, and the Church is not a diiHnCl; flare ~nd

order of men, but the common-wealch rurn'd Chriflian, that is better in~ ftructed, more holy, greater lovers of God, and taught in the kriowJedg~

of our Lord J efus ; it is not to be imagin'd, that the Emperors Or fupreme sovernours fhould have the leife care and rule over it by how much the

~ore it belongs to God, This fancy firll: invaded the Iervants when they

rurn'd Chriflians , they thought their Maflers had then Idle to doe with

them. The Apoftle tels them as in the cafe of onefimus, that it is true

they ought to love them better, but the other were not the lefle to be obe~.

client; onely there was this ~otten by it, that the fervants were to doe the

fame fervice for the Lords lake, which before they did for the laws. But

it iS:I ftrange folly to im~gine. that becaufe a ~a~ hath chang'd his opinion

he hath therefore chang d his relation; and If It were fo he that is weary

of his Mall:er, may foon change his fervice by going to 3no~her Tutor. Religione~abhlhes all natural ~nd political relati?ns, and changes none but

the fptrltual.; and the fame Prince that governs his people in the time of

the plague IS to govern them when they are cnr'd , and the Phyfician that

rur' ~ th.em hath got no domini?n over them, onely in regiminc falutis he

.5 principal, he IS to govern their health. The cafes as to this are parallel bEn;'ee~ the ['001 and t!Je body. And therefore the Emperor eonftans de- In Cone". dar d his power and his duty too, de omnibus curam seer« & infend(fe qU&Rom?n. Cu.

.r..' d'{' ct ijl' t· ,n . 1 '" Martino!

:1;p/CJunt II ~llltafem vn IIInt tm« no]'rlt relp/,olic.t, to take care 411a t8 •

tnlend all tbisgs whleh regard t~e advantAge of our moft ehrijlian cO'lJmolZ-

wealth : and AlmOn/l/J tels of KlDg clodov£/U that in one of the Councils I'b

uf Alric.l held. at elllpea he defcribed his offic~ and duty by rhefe two fum. I ·4. cap. 4'. manes, PIIUICU rebus confllltoTtS advocare. & til qU& Dei & fanl10rum ejlls

funt difponere; to conflllt abollt pllblick 4faim of tht common-weAlth,lSnd

todi[poft of thofe thtngs whlChbelmg to Gotla1/d to his faitJlS.

9· . But the confideration of the particulars will be more ufeful in this in-

qUiry, and firll: .

The ["preme Civil porver hath aMhority to convene and to difJolve IIll fyI/ods Ecdcfi4lical.

I, This appears I. in that all the firfi Councils of the Church after the .

Emperors were Chrillian wereconvocated by their Authority. The Conn-

ni of Nice was called by Con_ftAntine, as is affirmed by' lj,1ffebi'lJ, b jI.,Ij/i. s de vlta Coni/US, ~ So'{pmm and ·T~eodoret: andwhenthe EMfehillns had perfuaded C;on- ~iili~;~i;ifi.:;. fta~ttne to call a ~ouncll at T1re agamll: Athanl;lfiu(,tht: I?rjn~e undedl.allQillg rl;.". I.~. 16. their craft and VIOlence calld them from runo 'CMf1(1pll1loble" I an( J..\I dhb.I.blfi.Colo

h r: h ,L .. I'· r .. 'f YJ • arudAth.n,J;

t. e lame Em~erour t. ere was anot\m Ci>llncil called at4rles. TheCow;lrapol.:t. . ,

ell at Sardlc4 ID 10yrra was conven'd by the authQrity ef the Emperoots

COilfi·m and Con_ftAnt1llS, as the Fathers ofthat Synod rhernfelves wr~~~ ill

their letters to the Egyptians and Africans : and LiberilM the Bifhop of,p~d Athanaf, Rome IbId.

2.04 OJ [upreme civtl 'P0rP_!!!..!_

----~----------~

Theo~or.l!b.!. Rome with many ot.her Bifhops of Italy [oyn'd in petition to Con{lantills [0

c •• 6: in ?"I: convocate a Council at A1utlelll; not to fulfer them to doe H, but that

& Llberlus in hi h k . I did b 1 rr'h d [i I

Epin. ad Ho- he would, for to im t ey new It one. y I e ong. s , eo 0 illS [ ie Em-

Iium Cordub. peror called the fecond general Council at confla~tmople; as SOer.JIff, So~[.~~~;:~:D. some» and Nictphor~1S ~elate: .and the Fathers ot the Council' IVri[e in m. n.19. their SynodIcal confhtutions.with this expreffion added,ea q!!'£ .aB,' funt ia • SY,no,l.con- fAnaoConeilio ad TIIJm refeTlmus ptttatem,whatfoever IVai done 111 tl)"tSynod fllt.abell. w.a wholly ~eferr'd and fu~mitted to th~ Princes r=t., The grm Ephl{lii

Council,wluch was the third O.ecumemcaI, was conven d Dy TJmdojifls 1.'nior; ext'proprio munere & olflel.o, & ex antmt fill. dell.baallom., fo himfelf

oplld C)'ti!. ~J' d I If dh

lp.4. affirms, out of hif own (reuhilee" secor mg to. fJ/S 0u Ice An ISlllty. But

his refcript by which fie conven d the Council 15 a moil: admIrable letter, and conraius ill it a full tefhmony of the truth of this whole H ule, and does excellently enumerate and imply all the parts of the Imperial jurisd.-

frill:, 17. spud d:ion in caufes of religion. The Iumme of which are in the preface of thar Cyriiium, refcript in there words, osr eommon-wea/~h depends "pun. piety [6r rd'gion] towards God, and between them both there IS great eDgnatlon and jOC/tly; for they agree together, and grow by the inereaJe of one another: fo Ihal :flle religion does ]hine by the /hedy of Jlljltce, and thuommon-n,(,tilh If .1filped hy them bOlh, We therefore being plae' d in the Ki1lgdome by God, h .. ·viilg rmh,'d from him the care both,of the Religion tfTld the profferilY of the (ilbjec7, 11'( have hitherto endea'liollr d by our care and by Qllr forces to keep In perpetH,d union: and for the f4ety of the I'epllblic we. are intent to the profil of ollr flbjeas, and diligentl, wotteh for the confervatlon of true relIgion;, bllt e!pewlll we flrive that they may live holtly, as becomes holy perfons, t.lkmg em, ,'i It befiis US, even of both (jor it it impofible we fhould take good cure of one if we neglea the other.) But above :he refl, we are cartftlll that the Ecclefl4ical flate may remain firm, fo 114 IS fit to relate to God, and to be /II ~lIr ttmr, and may have tranquillity ':J the confent of aD men, .1TId m« f be qllJu by tb: peace of the Ecclefiaflie aJJ.aim.; and that true religion may be keplllllrepro'Vable arid the lives of the m/mor Clergy' "I'd the Bllhops TlJay he free from blam~: Thif if the rumme of hu duty, aTid the limit of hIS pOrller, aJld lIN intention of hIS Government. A, nd to thefe purpo[e~ he call'd a Council.threnrning punifhmene to any Prelate wh? was called If h~ neglected to come. It the Emperour took more upon him then belong d to him, he was near a good Tutour that could well have reprov'd him, th~ Fathers o~ the Ephefin Council; but if he took upon him but what was )uft, this teilirno-

. ny alone is Iufficient in this whole queflion, But he ended not fo.bur 0101t·

t'h~~:t;it.,.ly after called anothe; Council i~ the fam~ place, againil: the \_YIll of Pope r"ib,nsaJDiol~ Leo, who yet was fore d to rend hl~ Deputies to be affiil:lnt at It. ~ot that ccrum Alex. Council had an ill end: and to repaIr the wounds made to truth by it.Pope ~c;,;,~~aE~;il. Leo petirion'd the Emperor for another to be held in Iialy. But the E"!pe· llR.1'I'. rorwas then not much in love with Councils.having been fo larelydeceived

by one ; and therefore put it off, and died: and his Iucceffor Martiantl! called one at Nice, but changing his mind had it kept in chaleedon, . I !hall proceed no fun her in par~icular, but account i~ fuflic!ent what CardI~al CIIJtlllm acknowledges. smndumeft quod 1» IlTIwerfofllblls oElo COTlCI~1/! jem-

Per iTi'Vmio Imperatores & :;lIdice.!.· fues cum (eTiatu primatum habuiffi. e. For

de Concord. J'f J' h h h h d

this is more then the mere power 0 callinz t em; for t at e m!~ t oe

I. j. (.16. upon many accounts: but the Emperors ancl'his Judges and Council always

had the primacy in the eight general Councils.

As

Eoox ll l,

CHAP·3·

and their Lal'n in Jjeclal.

II. As the Emperors did convene, fo they did difmitre the Eccleliatlical

conventions; as appears ill the aCts of the Ephejin Council, where the Fathers petition the Bmperor. th~t he wou~d free them from that place, and .

gIve them leave to walt upon him to fee hIS face, or at lealt he' would dif- VI~' e~j~m miffe them and fend thel!l home to their own Churches. The fame peri- ~~r';), 10m: r· tion was made by the Bifhops a~ Arjminum to the Emperor Conf!aiJtifH, n, loj. H'· and by the Fathers at the Council of chaleeion >t to Mani"n"s. Bat thele 1 hccd.], , . tbings di~ never pleafe the ItaliA1Is after their Patriarch began to ret up for ;. ;,:,' ~;; .Il. Ecclefiaftical Monarchy, and they.as foon as they could, and even before

their juil: oppo.rt~nities'lYould be endeavouring. to leffen the Imperial pow-

er and to take I. inro their own hands. But this is one of the thin<>s that

grew to an intoletab~e mi[chi~f ; a~d was not onely again/} the pradice of

Ih~ belt ages, and agamft the Juft fights of Emperors, but againll: the do-

anne of the Church,

110 For S. Hierom reproving RNffilluj~ who had quoted. the authority of

(ome Synod, I know notwhere, S. HltrDme confutes him by this arsu-

ment, ~illlIJpe,atDr juf{erit h,tnc SymiNm COIlgreg"r; f There was cno ~~~·n~ib.'. fuc~ Synod, fo~ you cannot tell by what Emperors command it was con-

ven d. To t~IS purpof~ ~here was an excellent Epiil:le written by certain

Bdhops of Jf1T1a to NaUrttlu.s_ the Emperour,enumerating from fhe records

of the Church the convention of Ecclefiaflical Councils to have been

wholly by the Emperors dif~~litio~ \ In which alfo they dogmatically af" ;e~~:~:~' firml Semper I?eus prtlfe1JtlA Chrij1wlOYum PrinciplIlN &olltentiollts Bccle- '0.8.0.40. Mlteas [edare dlgllatur,~,d dotS IfllPays vOllchfafe to Appeafe ChNr&h-quamir 6,the_err[ence 0/ r;:hrij1lall,E,!,perors: meaning that by their authority the Conclhal'Y. definitions paf~ d into laws. But who pleafe to fee more parti-

culars rela.Clng to this mqulr~, may be filled .with the light of them in the

whole third book of WllbA", Rallch", hIS Review of the Council of

Trent,

1k~ fop~rme ei'Vil pOlPer hath II pOWfr of rxte",al1udgemmt ;1' 'lIufos ~f

Flllth. .

I;,. This reli~s upon the former reafons, That finee propofitions of religion and dodrines of. Theology have Io great inlluence upon the lives of men, upon pea~e, and )ulhce, upon duty and obedience, it is nece1fary that the fupreme CIVtl power Ihould determine what doctrines are to be taught ~~epeople, and wha~ to be forbidden. The Princes are to tell what relit!on~ are to be permitted and what not: and we find a law of :ju(lillian for-

Iddmg anathematifms to be pro~ounc~ ag~i~1I: the J~wiJh HellmijlJ ; for Novel. j 5.

Ihe Emperors did not o.nely permit falle religions by Impunity bur made 4

3WS ~ven for the orderinz their affemblies, makins Eccleliaftidallaws for

enemIes of true reli&i~n! 10.ne~effary it is for Princgs to govern all religion

bod p:etences.of religion within their Nations. This we find in the Civil

w, In the t~tI~ of the Code de :jud4is, in many inllances. A law was ml:e by :t1lj11Ti/4.n alfo that none Ihould be admitted into the Jewilh Syna~hQues tha~ denied Angels, or the Refurredion, or the day of Judgment. us the Civil power took,a'Yay the Churches from the NaximhlTiift~,bec~u[e they were an under fiiCf. o~ the DOl1atifts condemn'd by their fu enon. But then that the Chnlhan Princes did this and might doe [tiS

. S and

Of fupreme civil Powers,

BooK 1II.

and much more in the articles of true rcligion,is evident py many inftaJIces .and great re~fon.

14. There is II ti~le in the firll: b?ok of the Code, Nt famf411Bilm h.p-

Vide I. nemc, tiJ",a ireretMr, agamll: the Anabaptlll:s. cbarles the Great, made a decree 1£ de fumma againll: the worfhippingof Images, and gave fentence agamft the recond Trilli ta ee, Nicent Council in that ~articlilar: and Sou~m re~orts that Conflamint

cut off unprofitable queflions, to prcy~t fchlfmes In. th~ Chure~; which example our Kings of Ellglalld have 1~D1tated by forbld-:h,ng pubhek prea. ebers or Divines in Ichools to meddle lD the cuneus queftions Of Predeflination. Thus the publick laws of a Nati?n ofte~ declare who are and who are not heretics: and by an Act of Parliament In Englalla they andy are judged lwretic5 who for fuch ~vcre condemn'd by the fau~ general C~Dncil,5. Upon this acco~nt many. Princes have forbidden pubhck dlfputatLOns m matters of religion: to this purpofe there was a law of Leo,and AnthellllUl, I. qlli in/foll. (;~tit E:lifc. f;' CltriciJ; a~d ,AlltirDlIicliS the Emperor hearin~

N;",. Cha- (orne »iI~ops dl(pU~ll!gW1Eh (ometilbtllt~ upon t~few?rds[lfJ' Fath" 1& .iat. gre'fUr th~»I] thre~tned to throw them mto the river, if they would DOC lea~e fl1~!i dangCIQus pi(p!ltatio~. HtrAclilis the E~peror forbad an)'?f rhofe nice words concernmg Chrift to be ufed : fome did ufe to fay that 1ft Chrill: there was a lingle energy, Iome faul there was a doub!e; but the Emperor determin'd the queftion ~ell, and bad che,m hold their pe.ace and foeak of neither: for ,as Sijillnitll [aid to Theoa,jill4,Jijfut41lao tie [grM lI(et". Ji tant~1IJ cO.tt~tipllelll, the~e iI t1Dlhill~ gDt Irj ai(Pu,.ullns bllt ftrife '.»' (olllen.tim: and therefore Prmces are the: beft MocI.erators of Church-meas

. quarrels, becaufe Princes are ~ound to keep the peace. And confoD2ntly :i~.~,j·'· pnn- to this lfidgre fpake well, Salle. per re[tlum tem/1ll~ ~teleflt rtg/llim ,,,ji-

, cit, ~t qui imr« ~&cleflam p'fitJ (Mtra fidem, &: di["pll1lam Ecclefta ~u!", rigore principllm (Mttrdlltltr, "pfam~ut tli[clp/m"". quam ~cc~efta hllllllittAl exercere 11011 pra'tllr/et, cervici~iH. 1"per60rll", plltfllU prznCl~alM lI"fo#4/. The Civil power advances the interefls of the heavenly Kmgdome by punilhing them who Iin a~ai~ll: the faith and di~cipli,ne of the Church; If they be intra Etc/eftam, wlthm the Church, their faith and manners bQth are fubjea to the fecular judgment.

But not onely fo but they are to take care to fecure & promote thela- 1). terefl o. f truthrfor th~ugh,as S. P4ul fayes,aollbtfol tii[putati~Tls doe engtnd,r flrife, yet we mull: mlttnti tarlltfll'/~r th~ fllJ~h ; With zeal, but yet wl:h meekneffe too:and therefore that matters offaith and doctrines ofgoog hf~

• . , ,. ,beell:ablilhed,it is part of the Princes ~u-

ImFtrJ"'~''''m,"'.H'''1{1!'-!'d.!'X."F. 'x;fI.,.r~"',,!I,1!47 ty to take care. " According to whICh , .. , syn,d,llb .. pr,eJI (MI.n"" p: "b" ",i.", ~"I.jia- d h h r. ead ftim "din" compOnit, ~' 1,[,,,,, d", ~ji'f'lfll"q"" "".m we lin ' t at W en a rumour was .pr ';"

jui:tll,ui rm'iu~.t.,~' '1'1J" ~, Un' "",b, ,d.i'~m. p~, .... that brou~ht Pope PelAgilis into [\lfF.l'

"ili''''';1 "'trIO m1I'ijl,,'" T#!4u~ ~on"fi",J,. ""' . '. f· r. K'" ·ch'liubert fenl

Imp"'''' ,rpr./.1It4t[ Dmmr. cb,m,ItC.. cion 0 ere,y ~ lR" _.' ; . •.

F"',l,ri"C L,on;'. J'v!I',c,n,)lii Cbil _ .R!ifilll11 to him to require him e.1th~ cu dmJlOn,m de fiAt, II~~ l· <·4· ~ .'. !:' ~I:f'f' 1!lIor "!P!II to. recite and profe{fe the TOl,l1e of S. "1",,<1 P""U",,,,x-r, t,l;frrJ<lII, .. "p.r;;~.f'nIlMJ,,"fl' . , " . hi h ' h d 'on<onJiir. I.,Wid. Cu";,S.·(inqu;I) s¥'r,ni"!"'e 1""1'"' I,~o, in w 1C ~_ en, was a goo , ...

s",,,d,,!, (I .. g'''!.lj_ltr!MI'I'~ JybJf'~;',. pPt [Jz<,crj,,,6 .. felJion of faith o~ elfe thac he G10,DJd "nt,,,,,,, fJnod"~ iJi"Y~lt!iJf" (OS fO' U'\'Ol ,n, du~ .. ·d "h r. La' hi ~ n wor ~ c~riJii nJtUTiI._~frin,iie" ",{'ut ,rlf'tiam affirm'",; p.u.m Q~ t e ,ame tm'1" Ill. _ IS 0 V - "

unJmqu,qlle/Wurl3ftirltfTr,eiqu'JO!'=a:I!.rp.R.o~ti'" Pope Pelagill4 fffit thiS ~I!fwer : S~t~ 'iJen( .. rU~'.lmrg"'5,dlltJrm.prmn", N''l~ fl'!l/llit:f1II> ~tnd#m tn. 111 lrl AII'trtndO [/lfplCt~ml

n,qll,d"pt",m 1n'~iftQl",r&I"'" ,nuI/"rn14"', ' 'i I ;J<lr"'" - 'J.' '.~.q, II;' n'p"

: .. , .,' - ~. ." tallaa" '''ltqMtllm &l1J, (;,1'1 ~ •

. Regiblll

i

r

I

and their Laws in j}ccirrtl. ,

]I.(~ib/ll milli/lrtmuJ, ql$ibllJ etiaT!' nos fM.b~itos efJ~ faeri Scrjft/~r£ prici- ~5. q,r.c.S3t-

fignt We mMfl take, csre. that for the avolfJmg [M[pmon we exhibIt to KlIIgJ ,.,n'ulD. .

thl tI;ty or our cOIl(ejioll:For tHhem the, holy S&~iptMres COmmoflla evtI1 us

"be IbtJimt. And not onely for the Faith of'Bifhops and even of Popes,

but tor their Manners alfo ~ings were Co take care, an,d did it accordingly.

:jNpiTiian made laws that Bl~OpS fh?uld noc pl~y at dice, nor be pr~rent at

publiek fpeCtacles \ and he faid of himfelf, maxlmam habere (e fol/lCltMJi-

perN circa vera Dei dogmata, & circ« Saceraotum homflatem. that his grtatefl Nevel. •• !.

("eWili aboMt ,hetrut a,Brilles of Goa, alia the good liues of BijboJs. e .•••

16, I doe not intend by this, that whatfoever article is by Princes allowed

'is therefore to be accounted a part of true religion; for that is more then we can jull:ify of a definition made by a Synod of Bilhops : hut that they are co take care that true dodrine be eflablifhed ; that they that are bound to doe [0 mull:· be fuppos'd competent Judges what is true dodrine, elfe they guide their fubjcds, and fom~ body elfe rules chel?~ and the~ who is

tbe Prince ~ By what meanes and in what manner the ClI'Il power IS to doe [hilI am to fet down in the next Rule; but here the quell:i~n is of the power not of the manner of exerciling it : and the anfwer is,that this power of jmdging for rhemfelves and for their people: is part of their right; that no article of religion can become a law unleffe it be decreed by God, or by the Prince; that the Bifhops declaration is a' good indication of [he law of God, but that the PrincesIandion makes it alfo become a law of the Common-wealth: that the Prince may be deceived in an article of religion is as true as thar he may be deceiv'd in a queftion of right, and a point of law \ yet his determination hath authority, even wben a better propofition wanrs it : that error mull: ferve the ends of peace, till by the doctrines of the wifer Ecclefiaflics the Prince being better informed, can by truch fcrve it better.

RULE VIII.

The Iupreme Civil power is to govern inCaufes Ecclefiafhcal by the meanes and mealures of Chrifrs inftitution, that is,by the aHiftance and minilteries of Ecclefiaftical perfons,

I'Klngs)re fupreme Judges of the La~;for (lIjllt eft. ID1M; tjlls e~ inttrpre-

ttlri, He that Ipeaks, bell: knows his own meamng: and the law-giver is certainly his own bell interpreter, BIt in cafes where there is doubt, the fapreme Civil power Ipeaks by them whore profeffion it is to underfimd the laws. And fo it is in religion. The King is to ll:udy the law of God \ nee hoc iOi dillllm lit tDtllS ab aliellD ort pendetlt, ip[eq.; 4 fe lIihil

Itj.Jicet, faid that learned Prelate of Willehtfler, IIDt tlw ht fblMltl ",hoO, Tor"" Ta:e. itpentiinreiitiDtJ "P'1I tht fente1lw of othm, bllt bt able Df himfelf" illike. Butwheretliereis difficuley, and that it be fit that the difficulty be relol-

'ed, there the fupremeCivl1 power is to receive the aid of the ~cclefiall:i~;

from whofe moum the people lire t, rel/llire the 1",_ and whofe hps by their

S :I office

Of (upreme civil P.merS, BooK Hi.

~--~~~--~--------

office and defignation are to preJerve bOJII~eJge. The DoCtors of the

Jews tell that when :jephthah had made a rafhvow, he might have beem leas'd if he had pleas'd : For if a horfe had lid!: met him" he had .nOt be: bound to have offer'd it to God; but it muil: have been f~ld, and a facrifi be bought with the price , and much more \llu(l: a manor a woman ha~~ been redeem'd. But becaufe fephthabWlS2. Prince in IJYNI he would not goe to Phillehll4t~ high Prieil: to have had his vow interp~eted commuted,orreleafed. Neither would phi.ehl/4 goe to him, becaufe h~ was lIOt to offer his help till it was implor'd. phine.h/# did not goe to :;pephlhAh for he had no need.: he had no bufineffe : and fephth.th would nOI goe t~ P.hinthll4, becaufe he was t~e. better man. In tile mean [i!Dc the Virgin died, 01', ~s fome Cay, was ~I11 d by her Father: but beth Pnnceand Prieit were ptlfll!bed, fephthllhWlth a palfy, and pllllleh44 was depriv'd of the Spirit of God. For when the Prince needs the Prieil: he mull: confult him. and whether he confults him 01" no, the Priefl mull take care that no evil be done by the Prince, or fuffer'd by him for Want of Counfe!.

, • Hut the Princes office of providing for religion, and his manner of

doing it in cafes of difficulty are rarely well difcours'd of by Theodojitu the younger in a letter of his to S. Cyril,of which I have formerly mentioned ferne portions ..... Pietalil doSrinA11II in J~cra Synodo in utraDJ'llJe parlem 'Ven. til~tam ,c"trnm obtinere volllmtlS qllatentlS veritati & ratio~j conJentantuli afJe Jlldlc~bllur, The doSrme ~f $odlmtJTl fo."II;e dlfeu!! d in the Jl(rti council, and It fo"" previlll or paIJe 11I~0 a lalP fo far 114 jhdll be julig Ii 4. gret4b1e to truth alld reaJon. Where the Emperour gives the examination of it to the Bifhops to whofe office and-calling it does belong: but the judg. rnent of it and the fanltion are the right of the Emperor who would fee the Decrees ihould be eflablifhed if they were true and re~fonable. The judgement Uay was the Emperors, but in. his judgement he WOUld bead. vifed, taught and elll?lHhed by. his Bi!bo~s. Sed nee eAm doSri11Am indi{. c~rr'lIn palmntlr;cul dll"dlcalld" eos pr.efi~l opor~et ~lIi Jacerdoliis libiv;' gill. tIN"'. pr.ejidtllt, per quos & nos 9"oqlle m vmtaltJ [ententia ftAbilimur,& "'~gtS m~~i{qlle IJtIItldem jlabl~ltmflr, ThaI eioSnne that iI in que {lion WI WIO 1101 lIiferlo e{capt ex~mIIWlon; butt.hofe fo"O be prefiamts ofrllt jNdg. mWit II> 0 til every Nation Are Ihe appomted Bifbops, by wJ"m JIIe 4/foOir [elves are cOllfirmed in the trs« Religif11, ,md bop, Wiry eiAy to be 171m and more tftabltfoed.

j. When the fupreme power hath call'd ill the aid and office of the Ec·

clefiaftic, good P.rillces ufe to verify their ~Cts accordingly,to eftablifh theit fente~ces, to punifh the convid, to extermmate heretics and, fupprefle theit do~l'Ines.. Thus Bono~im and A,,~Ji,,! the Emperors by an Edid reprcf. fed Pel.tgtus and cilie/ilm ~bQm th~ Bifhops had c.ondemn'd ~ Conj1Allti"' after th~ Ientence of the Nleme Fathers agamft AfI~. hanifh'd him. rhw

Sozom.l,7. doJiu,; the Elder having ~iligendy conferr'd with the Orthodox Bifhops, c. u. and heard patiently what the others could fl)!, by a law forbad them to have publick affemblies who denied the ConfubftantiaIity of the Son with the Father .P'T C~nfilillT11 SacerJ,tllm & opti",,,tIl1ll qreiin4vimll4, conjlil.j. m(lS,& drX_II11u,;; It w:!s.the ftyle of King Pepin in the Council of soi!I"s, A~d of this n~tur~ t~, Inftances are very numerous. For (emltr jlidi.", filtt O~th!Jdox/J .& p'1/J IlIIptr'fQriklH.F" tempm eX8rlM kifts pe' CIII' gregatlonem rellglqjijlmorll.m 4T&k'(piF,pOTIU/I iI1IIplltm, cr "nJ fide fill-

me

2.08

and their Lill'P.f inj}ecial.

CRAl""

2.09

me pr£eiicattl ill pace fanSam Dei Ecclefiam cflftodire, [aid Theileiorus SHm· in 5" Synuj, tiariu!. All the pious and orthodox Emperors d"Ld ufe this inl1:rument Con!h",. and manner of proceeding, for the cutting off herefies, and the fincere pub-

lication of the faith, and the confervation of the Church in peace.

4' But that this manner of Empire may not prejudice the right of Em-

pire, it is to be obferved that in thefe things the Emperors us'd their own liberty,whichprov'd plainly they us'd nothing but their own right. For fomctimes they gave toleration to differing Sects, fornetirnes they gave none; fomerimes they were govern'd by zeal, and femerimes by gentle Counfels, onely they would be carefull that the difpures Ihould not break the publick peace: but lor their punillling Recufants and Schifmatics they Ils'd their liberty , fo we find ill the Ads of the great Ephefln Council that Theodoflus the Zd refolv'd of one, but not upon the other. At ver: {I'IJ~ illi velliam impelrattJri fint qlli a Patribus villi difcedent, Jive 11On, 1I0S fane civitates flmNI 6' Ecclefi,u cont14rba" neg'llfti'lam finemu!, Whether tbofe IPh6 arc conviS of hm(y by th.e Fathers jba// be p. ardoll'd yeti or no, yet WI wiD be Jm not to Juffer tbe ]{epu l,ck or 'he Chllrcl;c! to be diflurbed.

5' This I obferve now in oppolition to thofe boidpretences of the Court

of Rome, and of the Presbytery, that efleem Princes bound to execute their decrees, and account them but great minifiers and fervants of their fentences. Now if this be true, then Princes mull confirm all that the Clergy decrees: If all, then the fupreme Prince hath leffe then the meanefl of the people, not fo much as a judgement of difcrerion , or if he. have it isworfe, for he. mull n.ot ufe his d,i[cretion. for the doing of his duty, but mull by an implicite faith and a blind brutiih obedience obey his Matters of the Conlifiory or AlI"embly. But if he be not bound to confirm all; then I Iuppofe he may chufe which he will.and which he will not: and if fo, It IS well enough; for then the fupreme Judgment and the laft refort is to the Prince, not to his Clercs. And that Princes are but Executioners of the Clergyes fentences is fo far from being true, that we find Theodoflus

refuli~~ to confirm the Ads of the great EpheJin Council: for having JM C been informed (though Ialfely) that affaires were carried ill, he command- ~fI~ EPh:r.i~n. ed the Bifhops to refume the queflion of the Neftorialls: for their ads ofli,er. Theod, rondemnarion againft them he made null, and commanded them to judge it ad Sjno •• over agam, and that till they had done fo, they Ihould not ftirre to their ~i!hopricks. The minillery was the Bilhops all the way, but the external

l,udgemcut and the legiflative was the Princes. So charles the Great reo apud Surium !orm'd the Church, Epifcopos cOllgregavi, &. c. I cOllvocated the BiJbops to die I· JUD. lOUl1fol me IlOrv Gods law "lid Chrijlian religion Jbollld be recover'd. There-

forI by the cPlmfcl of my Religiolls Prelates and my Nobles we btIVe appoillted

Bi}hops /II every City, 4/1d B011ij.tfe their Archbifbop, and appOint that" SJlIod

flaU he held every year, that in onr pre(ence the call011ical decrees 'lI1d the rights

'I the Churcl: may be ref/or'd, and Cbrif!ian relition may be reformed. But

becauCe this mull: be evident as a confequent of all the former difcourfes

Upon this queflion, it \Vill be fufficient now to Iumme it up with the tefli-

monyof S. Auf/in writing to Emeritllf the Donarift, Nam & terrene po- Epilt. 16'4. 11j!.,es cum fehiJmaticos p(rJeqllulltllr eJ regNU fe defendullt, qlliadiGiJ

Ap'.fIoINS,,9.}_li poteftati refiftit,lJei oreiillatiolli refijfit •.•• N01l mim frllftragla- '

dlum portat, When ,he Civil power pllniJI>es Schi{m1ric~ they have A warrant

from an ApoJl:olical Rille, whicb fAyes, lie that refifts, refifts the orJin411ce of

. S 3 G_od:

Of fupreme civil Po~ers, &c.

BOOK Ill.

2.10

God: For the, bur not the JfI'ord if} vIIi». It is rio~ therefore by a commif_ fion or a command from the Churc~ ~hat,they punifh Schlfmatics,but [cen(lituunl ad'7Jerjll1 vos fro Jua foUmtudme a& potfjlate quod volul1t] thl decree whAt thr, pleaft "Kllilljl the", "ccording to their OWIl care alld t/;r.ir OIl1~ power.

6, So that when i~ is faid t~at ~rinces.ar~ to govern their Churches h

the confent and advice of their Bifhops, It IS meant not de jure jlriElo b!t de hono & llludAb;I;: It is fit that they doe fo, it is the way of Chrift; or?i~ry appointment \ He th4t heareth 10# he""th mr:and to them a command IS given, to fud all the Jlock of chrijt. In purfuance of which it was a fa.

l~~: s· Epill, mons refcrip~ ~f ~a~rntini~II,thefir~, cited by S. Ambrofo, lnctufa fidli vel Eccle(rAjfm aitcUjllS o,dlllY eum JudlGare deber« qUI se« muner« impar fit nte jrm dijl/mil;;. Thefe are the words of the refcript:that is, he would tba; Bifhops fhould judge of Bifhops , and that in caufes of 'faith or the Church their miniftery Ihould be us'd, whofe perfons by reafon of the like imployment were moll competent to be put in delegation. Eut to the fame pur.

lib, 1. Cod, pofe more of thefe favourable Edias were made in behalf of the Church (h~d. dj rc- by ThtOdojius and YdJtnlini411 the fecond,by .Arc4dius, Honorius and fujli.if~len~d;EPitC. niall " and 'indeed befi,des that it is, reafonable in all cafes, it,is necdlary in Jud. I. gravaer. very many \ becaufe BI!hopS and Priefls are the moll: knowina 10 fipiritual

ibiJ Novel 89 ff: d h _., Il fi b "

. ,. a aires, an t ererore mo [to e counfellors to the Prince, who often.

times hath no great skill, though he have fupreme aurhoriry, IrememCicor, lib, I, ber that when eellills thePra;tor was fentProconful into GTew,he obferv'd, de leg, that she Schol,ar,6 at Ath~ns d~d perpet'!'lllywrang1e and erta Ichools againft Ichools, and divided their ~hI1of~phy into Seas; and therefore fending for them, perfuaded them to live quietly and peaceably, and to put their queflions to reference or umpirage, and in it offerr'd his own afliflance : but the Scholars laught at his confident offer to be a moderator in things hemderflood no more then his fpurres did. He might have made them keep the peace, and ae the fame time make nfe of their wit and his own authority., An~ although there may happen a cafe in which Princes may, and a cafe I~ which they mufi refufe ~o confirm the fynodical decrees, Ientences and Judgements of Ecclefiafhcs : yet unleffe they doe with great rearon & upon competent neceflity, they cannot doe it without great Icandal, and Iometimes great impiety. But of this I Ihall difcourfe in the next Chapter. For the prefcflt .. I was to affert the rights of Princes, and to cftablilh the proper foundation of humane laws; that the Confcience may build upon a rock, and not truft to that which frands upon fand, and trufls to nothing.

7, I have been the larger upon thefe things becaufe the adverfaries are

great and many, and the pretences and the challenges high and their oppofit~on great and intricate, and ~hcir affrightmems large ~ fo~ they ufe Iome-

, thing to per[wade and fomethieg to fcare the confcience, Such is that bold

~~~~;,';_'" fayin~ of Pope Leo the X1b, A jllre tltn Divillo quam hllmano Illicit pOfr/. nuUa III E~cltfiaftlcM perfollM atribst« eft, Botb by Divine aIJd /;lImane lilllS EulejiaJIlCS are free from ,,1/ {uu/ar power. Hut fierce and terrible are the words of the Extravagant Unam Janlfllm. Porro Jllbefj'e RomalJo pontif'; Omlftm humanam trt4rur4m de&la'II",lIs dicimlls dejillimus 6' prullll1J&lAmus O11l11illO ejJe de IIm/itate fallltN, That eve,; m411 fbould be fsbjeR to the Bifhof of. Rome, flIe define,"IIIe fa" JIIe dt&lllrt 'lIId pronOIlIJ,e to ilt Altogether neeeJl4ry to jalvatio1J, Tliis indeed is bigb . but how vain withal

, aadi

-C-H-"P-, 4-,---;O::-;f:--th-'-e-;:p.nl0-D!-er-o-;f:-:-th'e7C~hll-r~c~;:-)-'::~=-c-=-. -----:-2.--=1'7.-' ,

- ft'riil.ina andunreaConabieI havefofficiently ,evidenc'd. So that noW

~hc conCci~nce may firmly rely upon th~ fou,n~atio~ of hum,ane laws, an,d b them fhe is to be conducted n?t ~ne1y in Clvll a~alres, ?ut ~n EcclefiafhiI that is in religion as well as ,uftlce : and there lsnothing that can l';e-

~udicethei~ autho~ity, unlefle they decree againft a law of God; of ~h1Ch becaufe Ecc1efiall:ical perfons are the preach~rs and'expo~tors by ordinary Divine appointment, Princes mull: hear Bifhops, and Babeps mull obeX Princes :or becaufe IlUdire & obillldire to hen; and to ohey have great affili1~

t I chufe to end this with the expreffion of ~bbot Berengar almaft, IlOO ,

Ye'ars agoe Seimdum ell quod IItCCatholic" Gdo nee chrijllamt contrarrll11nfl. lib, d; M~n.r. 't ,. J' "'p'&P ;" bd' R ,rrGon,mBIi>Ilgi,p ad hOllorernregni (7 f"cerdo!i; Re~ POlitI ~,I', 'ontl] eX'D e, 14~ egl; t li~,b,S5.PP.

if neither "g4illfl the Catholtc faIth ~or ,thechrlfl'i~n law fhat, the PrznGe ~e,

the Bi/b9P, ATidthe Bifoop ohe, t~e.!,rtnce : the firft IS all: obe?l~nce of t=»

and the later of ""tl; the one IS j'ujftce> and the other IS feitg1oTl.

C HAP. IV.

Of the power of the Church in callonsnnd ~enJa1'es, with

their obligations and powers ooer tbe ,confcwncc.

RULE I.

The whole power w~ich Chril.1: .h~th left in ordina ... ry to his Church IS merely Ipiritual.

t..Hat there are great things fpoken, by the ~oa6rs of the

, Primitive Church of the Eccletiaihcal or tpmrual power IS

ever where evident and that there are many txpl'effions

I whict prefer it abov: the fecular \ all which I. !ball repreG.en. t in Ilead of others in the words of S. ch~,fo~,;"".becaufe .of them all he was the moll eloquent, and hkehell In the fair-

diimagery to defcribe the powers of his Order. others IIrethe limit« of the Hom.l'4; et Kill dume,others of tke pritfthood \jlr this ;; greater thell tlrat : and 'o~ mull verb. llill~' not ~imllfl jt by the pllrple ·7f1Jifhe gold. The Kt1Jg h4th, aDme" to h'm tin

fhill s of thit world to be admilli[lrea; but the rtght of Prre~hood dlfcelldttil

f"! Uove : whlftJowtr yl fb,/l billd 0,.11111" }b4R be h~II'f(J J1I he.wen. , 1'0

the Kin ;; (DT"",rtted 'Alb,t it hm belo" ~ U file, thllt IS til the BiJI!op, tbm!1

rtlejliJ The b,dltS sr« i1Jtrll/fed to Princes, #nit the r8~lsto Bijbops. The

Kmg remits the gllilt of hodits, but the Bifb'p the $.~zlt of ji1l1les. The

Prince comre1s the BifoD! t"hITts. lie govern! by tlmjftt" bllt we by c~unfol5

he hath !erijihl: "mOllr, bllt we iFiritlMI weapoIJs ; he wageth wam "$al!,jI ~1Ie Barbarians but we Ilgainjl the Devil. Here the» is II greattr/.rllltJpallt,.

For IlIhich ~AII(e tht Kzng {u~",its him!lif ts thl Priejfs hAn • and everi

."hert 111 the old 'njlil",ent th, Priejls tlill A1I~i"t Kinp. Where by the wa1h~

S 4 thoug

,.-_

• _2._n_- __ O~)j_t_he pO'f!1er of the Church

though it be not exactly true that the Kings of [(rael and :jltdah were always anointed by Priell:s, but Iometimes by Prophets who were no Priefis as in the cafe of :jehu; yet fuppofing all that, rhe difcourfe is true enou h' and the fpiritual power 10 relation to a nobler objetl: is in that rezard ~t: ter then the temporal; an? therefore is in fpirltual account in orde~ to a fpi_ rit.ual ~ndabov~ that wb.lch ferves t~e lelfe ~xcellent. But the effeCtor this dlfcourfe IS, that Kmgs are fOOJed: to Bifhops juft as the Princes of [frAtlwere to thofe rhat anointed them; that is, they came undertheir hands for unction.and confecration, and blefiing, and counfel, and thf. rites of facrifice, And all this is very true; and this is all that was or could be intended by S. c hryfojlom, or thofe. other eminent lights of the Primitiv~ Cburch,wbo fer their. Order upon a candleftic,and made it illuftrious by the advantage of comparifon. The advantages are wholly Ipiritual, the excel, lencies are Ipiruua], the operations arc: fpiritual, and the effetl:s are fpiritual ;the office is fpiritual,and fo is all the power. But becaufe the perCons of the men in whom this Ipiritual power is fiibjeded are temporal as well as Princes, and [0 are all their civil actions, therefore whatever eminence they have for their fpiritual imployment, it gives them no temporaladv3!lrage , that comes in upon another flock : but for the Ipiritual it is as much as it is pretended; but then it is no more.

2. . ~o: it is purely [piritual. Where. any thing of temporal is mingled with it, It IS not gJeater 10 that, but fubJetl: to the temporal power. With-

, out this there could never be peace: and where the jurisdiction of two Courts doe enterfere, there is perpetual wranglings. But God havino ordain'd two powers hath made them both befhand yet [0 that both of them are inferior: but becaufe it is in differing powers, they both rule in peace and both obey with pleafure, How the Ecclefiaftic ll:ate is fubjedto th~ CiVil I have largely accounted: Now I am to defcribe the eminencies, pow. ers, advantages and legiflations of the Ipiritual: concern in .. which we Ihlll have the befl light if we rightly underftand the nature a;d quality of the power.

3. As my Father fmt 11It, {o fend I yo., [aid Chrift to his Apofties.Now

it is plain how the Father was pleas'd to fend his Son; with humility and miracles, with ~ low fortu~e .and a great defigne, with poverty and pow. er, With tulnefle of the Ipirir and excellency of wifdome, That was the manner. The end was, the redemption of Man.theconquering of the Devil, the preaching of the Gofpel, the foundation of the Church' the inflruction of faith, the. baptizing Converts, the reformation of m;nners, the extirpation of finne, This ~as the intire end, and that was the juft manner 10 which Chrifl was fent Into the world:And fince his Apoftles & their fucceffors were to purfue the fame ends and no other, they were furniJhed with the fame power: and Chrift gave them the Holy Ghoft,and gave them commandement and power to ttach.1l NlJions,to baptifo thtm to bind and to loofe, to minifter his body and his bloud, to exhort and t~ reprove, to comfort and t~ c~re, to make fpiritual reparations of the vile from the precious, ThIS IS ·the fumme of all the Commifiions they had from Chrift.

BOOKlH.

4. . Th_is power and rhefe commiffions were wholly Minifterial without

demination, wlthollt PTD!" jllri4difli,n, that is, without coadion; it being. wholly

In C"nom and Cenfures. 2 I 3

:-:----::--:-:--c-c--

'holly againft the defigne of the religion, that it thould be fore' d ; and it

bein<T far remov'd from perfons [0 difpos'd, fo impleyed, [0 inftructed to doe it. And therefore one of the requifites of ~ Bith~p is p..n 2if~ 7rAn><l.~v, He mu/1 be no {fYl/ar.' he !lad no .armes p.ut IOtO hiS. hand to that pur-

ofe. the Ecclefiafhc flare being furmfhed with auchonry, but no power, ihat i~ alilhoritale fllAdm4i, n~» jubendi puuftatt (that I may ufe the expreffion in T 'scitss} 4» Authority t8 perfuadt and to rebuke, Vllt »0 powtr t, c01llmand, as the word iilus'd in the fenCe of fecular dominion.

Concerning which that the thing be rightly underflood, we mull: lirll:

j. truly underftand the word. AC&lIrfi"s ~efi~es)uri~ditl:ion ~o b~ pmft.:tem ;,,1.1' j.n ,erb. ,e publiCO ;ntrodll1l4m cum »ea/ifate jllr" dlewdl & tfqllltatl! jlatltendA, I·o~,n. H.de A publick power of doing right and ~quity. It is po.,eftll! ad jlls dicendum, JUIlO<i.ct.

(0 Mufcornus cyprills, A power of gwmg fentence 10 caufes between party

and party. But we Ihall beft underftand the meaning of :juriidifliD by

that place of cicero. f2!!.id ergo iflius in jure dicendo libidinNn dtmmflrem1 Orar,inVmem f!!!i4 VeflrN7l1 non ex ":bana.juri4Jiflio~e cognovit? fl..ltit. unqlla~ ;(fo ":". 4'"

tire ch(/idone i"vittS lege .. gere tOtillt ; :judlCts cstsr» jubel: }I($et ctt art.

/lerMlillm: cit"tllr relts SOplltrtlS.' Sttnium citsr! jllbet : 4tqlll lit aliquantil

dmbus.b i{fo cognitls, jU(/icatis, 0- de jlldici{,us datls defijl.mus dicere, &c.

From which words it is plain) that jurisdiction is a power of magiftracy to

(ummon the parties, to bear rheircaufe, and to give fentence, And there-

fore in SHe/MitIS we often find thefe expreffions, lmp.eratorem jus. tlixijft;

lomvilJe, jlld/CajJe, The Emperor took cogni(ance, did Judge, dId gIVe fen-

r/~cc that is, did exercife jurisdiction. Empire is always included under jurisdiction; and it is divided into a coznhion of capital and pecuniary

(,Ures as appears plainly in the title of the Code De jurudit1iont, which

handl;s both caufes : and AfconitlS P"dialll/i in his argument upon the 4th

aCtion 3gainft rum proves expreflely that Capital atl:ions are f3rt of ju-

risdiCtion. To which pnrpofe is that of SUltonius in the life 0 AllglI{tlls;

Dixit autem jlls non diligentii1 moJo fummJ. fed & le"irate, jiquidem mani- Cap. ll; [IPi parriciaii rtum, fie culleo in{umfllr, quod non nifi confi}i affi&itbantur

haG pd?114,&C. But of this there isno quefhon, Now of jurisdiCl:ion thus underftood, it IS evident that the Ecclefiaflic ftate hath no right derived to

them from Chrifl, that Is, no power to punith any man corporally, or to

compel them to anfwer in criminal caufes.; they have no pow.er of the

fword no reftraint upon the body: but having care of fouls, which cannot beoo;ern'd by force, they are to govern as fouls can be governed, that is

by ~rguments and reafon, by fear and hope, by preaching of r~wards a~d punilhments, and all the ways of the nobleft government, that IS, by \VIC-

dome and by the ways of God.

6, This aprears in the Apofiles defcripticn of their own office & power,

What is Pan and what is Apollo, but. Miniflm ~.~ whom yt keljeved.? Mi»i- : ~~;:~: flm of chrifl, flewllrd; of tht Myflerm of chn{f: to lIS I! .,,,,mltted the. Cor. 6. IPord of ree~n'iliation.; we are EmbdlJadm for chrift;w lWe,tot.MI<we are n~t Afr •• 5. lords over the flock; but II! though God did befuch you by ItS, we pray you tTl

Chrifts {ftdfJ to be rtconcil'd to God. Thus'Chrift fet them over the houf- Luke II. hold, not to ftrike the Iervants, but to give them fheir mlat in Jue f~afon;

that is, as optatlls exprelfes it, to mi~fter tbe ~ood o~ GO?S w~rd a~ ~a- .

cramenrs to the fervants of the family. NDllti vobl! "1najejilltl! ao""m.mlib. I. COR". ~,indicarc ; n.;m fi ita tjl,vindicM; Ji.hi dr mi»ijlri 111i min!" M,.;,;,,, !MIIU- Parmea,

lantllr

Of the 'Power 0/ the Churcb

----I:-,,-1It-u-, ,-II-'-p-,o-h'umAnit.,e exhibit4 ab ilJ'fJiwu gr.ttlliatio eiG ';fe;~/u~ -::: Eft ergo in Imiverjis JervientibH4 non do1ffinium Jed minifteril4l1l. Therefore efleem not your [elves to have any thing but the mimflery and fervice nothing of dominion. And indeed we need challenge no more ~ It is ho! nour enough [.0 ferve ~u~h a Prince, to wait a~ fuch ~ ta.ble, to be ftewards of Iuch a frmily.to minifler fuch food. This Iervice IS perlect freedome, and that is more then can be Iaid of the greatell: temporal dominion in th;

HomiL !!. in . world. Principes Eccleji4 filmt lit fervianl min.olfi!Jus luis, 6- mil1i{1ren, ~htc,.~ud eiG ifH4cunqlle amperNlIt a Chrifto. The Came with the words of thrift

lylO • Hi th41 is grtate[i amongjf .10", let him be YONr minifter. For thehomnrs j;

ibid. Chri{iian rdigionllt the firft look indmllike dignities; but indwJ the] are not divers hl1lours, bllt divers [ervic~s :' 114 it ,fums to be all, ~01Jo~r to the lJe that tt enllghu1IS the ",hole body, bllt It II not 11 s hOllollr,bul 1/ s mmifiery; {t ;t is amOllJp the Saints; it is not his h911Dur,but his afl. And (0 is the Ap'jllefoip thfJught to be A gnat dignit.y, bllt it ;. Not [0; but it ;. his minijhry .. For

I Cor·9· fo~. Paul [ayes, If I fmcb the G,jfel it if NO glory _to me: for nmfJlty it latd upo1lme, and woe IS unlo me if I doe not prcllch the GofPel : fir if I doe it Willingly, I have" reward \ but if 1I'lwiUingl" there's nothillg but a fit ... ardfbip intrnfted to me. The confequenr ot this difcourfe is this in the words of the fame Father, !liticuTlqlle depdrTat primal lim in terr« inv« niet cOlifuji01lem in cel«; Whufoever dejiru prifllilcy (mean. cg amollo'fl [he Ecclefiaflics, and by venue of their order and office) upon earth, fl~!I fiild CDlIfujiln in Heaven.

. 7· But this is moll: exprelfely and dearly taught by the Fathers of [he IflApoingOt, C.hurch. So S. Gregory Na'{jlln:uTI, He tlut is Jet o".)(r othm (fpeaking 01 Bdhops) laying behind him every jin, 1IIIIft procudin godlimfJe, J, Ih,t bJ the example of his ifiritllal growth he may I/rafIJ othm 1I11to oerts«; eflte;. IffLy by that form of humility which 11'115 delwu'd to IIf by the Lord. N" enim opomt vi veinurj/latt"conjlril'lgm, fed Tlltione 6- vit4 extmtlis (". derc; For I'll mll1l is to be conftr.;n d by foree or by nfelfity, but pu[u4liIJ bJ

in 1'pitapb. reafon And good eXilmplts. And thus S. Hiersm« di(tinguilhe~ the EcdeNepo,.lp+ ILitical power from the Regal. llle noleTitihus pr4e{f, bic volentibss , IBI terrore jubjicit, hie [ervituri dOll.ttllr: iDe &lrpora Cllftodit ad ",orum, hit #onimllS ["vat ad 'lJitam. The King governs whither men ",iO "no, th~ BI{h@pI101l(hutthewiDing. He [lIbduesthem by terror, bllt the Bijhop ish,t the ftrv.1It of 'h,e peoples follis. The King Imps bodies re[erv'd f~r dl4th, .lIt the B;jbop tates CArt of fouts that they may Jive eternaOy. Upon this ac-

Pomi;,;, in count S,.ch'yfo[fom confiders the great difficulty there is in the diii::lwgcof A(!'Apofi. the Epifcopal office, and affirms it to be more troublefome thcntha[of Kings; as much as the rage of the fea in a tempefl is greater then the CUflings of a troubled River: and he (Jives this reafon for it 0110nia1ll iUic plll~u runt 'lui .dju'llallt, to quod le'gihm ac fIIlfndatis om»i; p;';gllntlfr: hlc oer» nthllt4J_e, neque enim l;ta ex 4uthorilatt praiptrt, BtcauJe thm II'e mort helpers in the Iecular government; for AD thiNgs ere tr4n[afltd try IAWI III1d by cOIIImandemt»fs : bllt here (meaning in the Ecclefiafiic fiate) t~m it

• ' ,no IHch thing,,} for it is lawfull, but we hllve no allthority to command anI T~.omd.;,m thmg. ,For In potrflate [lIbjefiorllm e[f obedirt vel non. They are not Hom. ;. in ~omelbcs, they are not properly Cubjects, but obedient;.m habtflus;n J .. .A«a. tpfoN'm poteftate, the,1 have their ohedicTI" in their ''''n pVlPer: they may If

they wIll, and they lhall have a good reward \ but if they Will not, they maychuCe. For with this power and upon th& termesthe Holy Ghojl h,th made

~4.:.--' in Caninl and ~nl"r~~. 2. 1 ~

--derhffl,fVer[Iers"" f't~nottp -rUJ.e~:the c;har(h pI G,J,that i~,. notto 1»1 b Empire bu~ byperfuafion. And this is intimated by theEpltll~ to

l~ eH~l>rew s O~t1 ,lie", Illat Port Jet over YOII, lind [ub",it "I#r lel!,es ;/fTHe'or.ll,,1. :h:, WJlch for ]Ollr foull : th.t they.may doe ~twith joj, not .",ith g",f ;./1{

l t is .mprofitabl, for ,0il. That IS, Submit your fclns ~o your Cplmual

~~lers cheerlully and ~illin&ly: if YOIl doe 1l0~, tbeYQ,Q ~ave 1\0 comfP!t .

in th~ir mini;ll:ery ~ It will ~rl!:ve ~hc~ to find you refraetary, and ~ou will

be the looters by it, for their grid will doe rOD no profit. N~w~f theLC Rulers had a power of coercion, he could qU1C!dy m~ke them Willing, and

[he "vrI-'JI~. the anguifh would fall u,pon the difobedient, The fame pre-

ce tis in the Epiftle to the Theffa/OIll411s, where the words doe themfelves "

~ound the nature of the govfrnmenC, We befouh 1011, brethren, to 1c1l,Jjll Theil: 1· n, ~:(/II which 14Pour IIm,ngfl ,qu lind Art O'Uer 1011;11 the Lord, and 4d!",lIijb

IN, and to efleem 'hem V"1 high in lwe f~r .tbej~ ~,r~$ foke. ~d l!Ume-

~ately after he calls them ;/1 pArtt11l foDmtNJiIlIl, mto a partICIpatIOn of

this rule, v~.3mT'II¢"":¥.n'. WI b,{mh 'lON, .brethrell, tp lIt./rnlnijh, .or to v. '4. Ivarne,to reprovetJ,,,.,thal." Ii"'NI,. rh~t '.$, yQIl moft help us Ino.ur Qvcrllment : we are over you to admolilib }'IOU, but yOlJ m~~ aQmonl/h

~e another: that will help OU( w?rk forward when you are.wtll~l1g: But

thlY which Are Dvtr 10U m~1l: be hlghl~ efteemed, not for their dlgRlty, but

for their works fake, not m fear, but '11 IO'IJt I for they are ?ver YOIl not by Empire, but by difcourfes, not by. laws, but by exhortation. And certainly this is the bell: government in the \~orld ; that the ~ple.of God

fit pOP/IIIII. vQlllnttlrilU fhould C~fve ~od Wltq rea,fol_l and cholce,wlth love

lnd p1eafure and eternicy of faCUifadion~ Aad this IS obfer~ed ~fo by s:

GhrvfoJl6m. 'The Prillm ~f this "wid (faith he) art I' mIlCh. ",fmo, " ,hll !rir;tu41 power, by hoJV m~~h it is better '0 rille 0'!J." the JIIIOS 'f till. ,h,,. Wlr their bodies: and that s the Itate of Ecclefiall:~cal governmene, ~o~~ ning which who pleafe to fee much more, lI_Iay With pleaCDre read It 18 S. GhryJopom in his !it'll Homily upon the EpI~le t~ 'TltlU, and the II1~ ~oroily upon the Epiftle to the Epbejians, and 1D his Iecond book of pmpko,d,

8. Now agail1ft this it will net be fufficie:t.\t to oppofc any precedents ()(

government under the Old Tcibmcnt. He there that did n?t obey the D,.tot. 'i.8. wordof the bligh Prieft was to die the d~th; for they had .. ,~.~

1"~ol<e< .. j"I·, a true proper formal juri~d~iol'l. give~ them by.God: and

when J:1o{es fate ill judge~ent,"l.Wi~feut~ liP"', faith ph,}" the P!lcfis were

hi; aftefi'ors ; and fHd411 [4cerdotll honos firmamentum 10lmt,,, ,rat, the

hlnur of the fewifb trieftbold 'I'I~ a great efo~lifom'n~ ",h, 10w",f the N4Iion,faith 7,II:it.. For the Pnelb were ~l71[9'7I1t Blibl/I, and J udg~ ~f

ccmroverfies, and by the law appointed to inlht\ punilh~t .1I.pon cnIDI-, .

nals, faid foJephfll_. But iii tlll!Gofpel there was ~I> fu~h ~hlRg. T~ t::~':l:ibI; Jewi!11 el(CommllOlcations were ads of pow~r and a mlxt Empire.; ours are

iecuri(ie$ to the foud part, and C3.1ltions againa offen~er$.. T~r preach-

iq;s were decrees fQllletimes;olirs can be bucexhortatlQosandargumeots I~

p~rruade and invite conCent.

,. But neither caR it be denied but that the Apoftles did fometime$ ~ •

QD$of a delegate jurisciil!lion. ThasS. Peter gave femenceof dcathagainfl ,fIJIt1iAtaDd S.tp,hir. ; S,P alii infliCted blinODdfe lIp~n Blym'" the ~~ rer and deliver1d Hg".,nlllH and AI,xntltt and the lDCeJlllOllI C#I'iI#hlMl

, W

Of the power of the Church

Booxlll,

j

to be buffeted by Satan ; and ~,:john threatned co doe the like to Di,. ,trephes, That thili was extraordinary appears by the manners of animadverfion, which wcr~ by miracle and immediate Divine judgment I for thofe which were deliveredto Satan ":ere given up ~o b~ ~orporally tor.

• 1 ,Corinth, mented by Iome grievous Ii,ckneffe or vI~lence of an evil fpmt, as'S. ch'J' homll. IS.. [of/om, b S. Amb"jt, S. Hit""" and divers others of the Fathers doe .1: t d'~''''Jllt, I1rm. But therefore this was an aa of Divine jurisdiCl:ion, not of Apollo. S. Aug~~: lical : It was a miraculous verification of their Divine million, feldomc ~.':,~:l~, us'd, not by ordinary emiffion of I?ower~ but by an extraordinary Ipirir: c. I. 1 forfo S, Paul threatned fome criminals !D. the Church of CDrlnth, that if > Cor. '3, I, he did Come he would not Jfare them.: but It was becaufe they made it ne-

ceflary by their undervaluing of his perfoa and mini fiery • Since ye doe fo fince ye d~e look for a ligne ~nd proof of Chri~ fpeaking in me~ you fllali have it, It IS not S. PAuls ordinary power, nor his own extraordmary but .f'.'MI'-~ Xe,.< .. " an experiment of Chrifl's power, who.w~s pleas'd to mi~ifier it by S. Paul, as well as by any other Apofile : fomethmg like thofe words of our Bleffed Saviour, An evil antlatlllltmm generAtion Jeekrth after A Jign~ ; '1fT/a the Jigne of the Prophet :jonll4_ fol/1 be given them. But then diere was great necelfity, and fome prodigious examples were co be made to produce the fear of' God and the reverence of religion, that the mean. neWe and poverty of the Minit1:ers might not expofe 'he inftitUtion to con, tempt: and becaufe the religion was d~!litute of, all temporal coercion,and the Civil power put on armor not for It but againfl it, therefore God rook the-matter into his own hand, and by judgments from heaven verified [he preachings Apo~olicaJ. T~us when th~ Corinthia1l_s did uft; the Lord's

,Cor,lt'jO, Supperunworthily God pnnifhed them With fickneile and With death.as the Apoflle himfelf tells them: for to denounce them after and to pro. nounce them before were equal aaions of miniflery.but equally no parts of jurisdiction, This way continued in the Church, though in very infre· quent examples.till the Emperors became Chriflians',lnd bY,l~ws and teaporal coercions came to fecond the word C?f Eccl,eliafl"~1 MI~I11er~. For S, Cyprian tells of forne perfons who being afihaed With evil Ipirirs were cur'd at their baptifme.who afterwards upon their apoflafy fr?m the faith

IpiQ, H' were afHiCl:ed again, and again fell into the power of the Devll,: Ru:drnu jiquiJem diftiplinll rm/it & grAtiA; when they forfook Chnft, himfelf took the matter into his own hand, and was not wanting by an aCl: of his own jurisdiction to declare that he was their Lord, and would be honour'd by them or upon them.

10 And this was the rod that S. Paul threarned to the Schifmacical Corin·

• thians;not any emanation of the ordinary power of minit1:ery, but a mira-

culous confignation of it: for thefe things (as S, chryroft~m obferves) S, ~~;'il.','~ 'i~' PAul c~l1s JitnA AfoftofAtuS me;, the jignes of ~is Ap~lrjhip wr,ought ~mong I Cor, Homil, them' ID fignes and miracles and powers: this W2S elfel!ted 1D healm~ the 19, in > ~or, fick, and in flriking the refrac!tary with the rod of God; in giving fight to HT:~'I' In t~e blind, and milking them blind that would not fee; in raifisg the dead to , , life and caufinz them to die that would not live the life of righteoufnelfe.

Bu~ this was ngt done, :J'i,.. J'UJ)tl.fL<I, not hyany poltler of 'heir oltln" but by thilt power to which they onely miniflred, by the power of Chnft who {bletred be his holy Name for it) keeps this power onely in his own hands. In rhefe their power was no more a power of jurisdidfon then EliAS had. who, as S, :james faid, prayeJthlZt it might and prA1edthAt it might npl Will . ~

in Canons and CtnfurCI_, _

and call'd for fire fr,o~ ~elven. And j.u~ Co the Apo~l~s being mov'd .by an extraordinary Iplrlr did.when the fpmt Caw caufe.minifler to the DIVine judgment. But that \~as not their work \ they were Cent ot another errand;

and were intrufled With other powers. .

But after all this, it is certain that there were in the Church Come

I I. images and Iimilitudes of jurisdid:,ion in rheirIpiritual government, The foul is not, cannot be, properly fub}eCl: ,to any Juns,dlaiOn but that of God~ For jurisdlCl:ion is the elfeCl: of legiflaeion, and IS In the mrxt Empire as tile other is in the mere. Now none can give laws to fouls but God? he onely is Lord of wills and underflandings \ and therefore none can give Judgment or reflraint to ~ouls,but ~od,But as by preachIng the Eccleliaftlc fiare. ?Oeli 'mitate the lesiflation 01 God; Co by the power of the Keyes {he doe, urn:ate his jurisdlaion. For it is to be obferved that by the Sermons of the GoCpel the Ecdeliallics give laws to the Church, that IS, they declar~ the lawes of God; and by the ufeof the Keyes they ~lfo. declare the Divine jurisdiCtion: for as the Church can make no law ot DIVine worfhip or DIvine propofitions, of faith or ,l11anners, but what (he h~th recelv~d from Chrifi and his Apofiles \ [0 neither can fhe exercife any Judgment IJU t the judgment of God. To that Ihe minifters ~Y rhreamings and denunciations, by comforts and a~[?lutlons, as the ~mlfters to rhe legiflative of G0d by preaching and publifhing, by exhortation and evmmfllld, ,

t:, For there is an Empire in preaching \ there is a power of Command

which the Bilhops and Minifters of the Church of God mufl exercife, To , ,

this purpofe S,chrJ[ojlom difcourfes excellenrly,Thm are rome tllings whie~ ~T~,,:~', 'j,m mid teaching, fome whIch need comm~nrlll/t: if therefore YOII/nwN the ": dlr,andh,rd rather command:vhere It uneceff.rry for JO/l to te.1cD,YOII are n-

dieu/olUl and AS had if YOII goe abollt to teach where yOIl raber Jbollld com-

m,md, That men JhOllltl doc »0 evil, you need Tlot teach, but to forbid It WIth

fhl force of /I great ~uthorjty : and [0 lOll mllJl command them t,h"t they Jlm/ld

not give heed to :jewijh fables: ]Jut if you would have them pvc tlmr goodl

tl the poor, or keep their virgin, here YOII /;ave nud of do{lrml ,wd exhorts-

tiOII. Therefore the ApojlTc Jald both, Com"!and,and resch ..... Thru YOII Jee

th.t d Bijhop muft not onel) teach, bllt Jom~trmes,t IS necefJary that IlC ,jhould (I",//Iand. ~ But then this being a doctrinal precept,. or commanding ~y the force of a clear and confeffed doctrine, hath in It no other Empire bur that it is a Commanding in the Name of God, and means this onely, that feme thinzs are [0 clear and obvious.Io neceflary and confers d, that he who nezleds ~hem is condemn'd by hirnfelf , he need not be taught, but onely cgrrtmanded to doe his duty: but if he will not, God,who gave hlll~ the law, hath alfo jurisdiction over him: and to this alfo the Cburch does

minifier \ for the Bifhopcommands him in Gods Name, and If hewll~ not, he can punifh hint in Gods Name, that IS, he can denounce Gods judg~ents againfl· him; and that's our ,minifierial jurisdiCl:ion : h~ can declare him to be out of the way of falvation, and unworthy to receive the holy myfteries and pledges of Ialvation, This is our coercion;

I). But theufe of ~he Keyes does di~er from ,proper jurisdi~ion in tbis,

great thing, That If the Keyes be nghtly u,s d ~they doe blO~ or loofe refpechvely ; but if they erre, t,hey doe n?t~m~ ~po~ ,the [ub,e~, ,they neither bind nor loofe, Now 10 proper JunsdlC!hon It IS otherw~~e, for, rishc or wrong if a man be ccridell1n'd he frill! die for it ; and It he be

'" T hang'd

OJ the'PorPero!the Church BooK HI.

--~--------~---------.~~------------------

hana'd he is hang'd, But the Church ~ives ~9thi!lg put the feotence of

God, and tells upon what rermes God will or will nor pardon. If the PrieG minifrer rightly and judge according to the will and laws of God, the fubjeCl: {hall find [hat fentence made good in heaven by the real events of th other world, ~vhich t~e Pri~~ p:ono~nces here upon earth, BUt if th:

Prie~ be deceived, he IS deceiv d tor ~Imf~lfall(l tor ~<;> body elfe; he alters noth~ngof the fiat~ of the foul by his quick abfolution, or his unreafona. b.le bll,:dmg. For It IS not true here w!J¥:h t?e Lawyers ~ay of humane JunsdlCl:I?ns, f2.!!od :judex errsss fronlinClavlt, ob ~Hthom'ltem jlU diceD/is tranftt 111 Y(m)lIdlcatam. The Priefl hath no fuch authority tholloh the Civil power have. The error of the Judge does not make th~ fellttncein_ valid \ his authority prevails above his error: but in the other it is the cafe of fouls, and therefore is conducted by God onely as to all real and material events, and depends not upon the weaknefle and fallibilities Qf men~ And therefore .the pO\~e~ of remitting fins gi~en to the Church, is ~othlllg~llt an authority to minifter th ta t pardon which God gives by lefils Chn~. The church pardons jins M the LWltt'alPrujf dId clea.!e the lepers, faid S. Hierom-; that IS, he did difcern whether they were clean or no, and fo reflor'd them to the congregation: but IIpud Deum non ftJ1t!nti4 sacerdotum, Jed reorum vita .'1"4ritllr, God regards not the ftmence of the Pmft, bllt the life of the pemtent. For the Priej1,allqllid eft ad miniflrandllm ae dl{pm[aJ1dum .verbum At Jacramenfll, ,rd mund,rndllm IIf1tem & jufiificllndum non ej1 illiqUId; IS Jomethtng AI to the mi~iftery dnd diffenf.llion of the word and (acrament!, hilt nothmg_ M to the pllrifJlng and jujfifiClltiQ1) of /I jimltr : for none works thllt lfJ the Inlllard man hilt he who created the whole man. They are the words of S. Auflin. This therefore is but verhu",reconcilist! onu ; the word of reconciliation u intrttfted to us : but we properly give no pardon, and therefore inAiCt no punifhment,

14. Indeed the power of the Keyes is by a Metaphor chang'd into a fword,

and S. Pauls wifh [[wollldthe] were eveflClltof! tbat trDllkle yOIlJ feems [0 be the warrant , and by excommunications evil perfons are cut off from the congregation of the Lord. And it is true th~[ the Bcclefiaflical authori~y is a power of jurisdiction, jull: as Excommunication is a Iword, But fo IS the\~ord of God, /harper then a two edged jWDrd; and fo is a fevere reproof, ~t cuts to the b?ne. Nee cenforillm j1ylllm, elljllf "'lIcY1l1t1!J7l1u/tis

renmJIIS mllJOYls nojf" retllderllnt, "que f0fth4c atqlll iPl/m g/adi¥11J Dia,tmum pertI111e[camu:, fai~ ciar«; ~he Cenfors tongue was afworq,bu! our Anceflors fometimes did not feel ir fm~rt ; and we fear it not Io 11llIch as. thefword of the Dil1ators. But how little there is of proper jurisdi-

Cl:lOn 111 Excommunicatio~ we ca.n demonftrate but .. b~ too good an. ar~· ~en~. For fup~o[e :j~ltan robbl~g of a C~urch, finlungthe Bijhop, ~rg:aclllg the re.ltglon, doing any rhing for which he is iff' f410 exc'1mmu~ mcate : .tell him of the penalty he incurs, cite him befor!! the ]3ilhop,Jk· nounee It inrhe Church; what .have you done to him that Ihall compel hil!i to doe hIS duty ~ Suppofe he Will not fray from the Church.that he will goe t~ anoth~r, to a ftrange coumry,?r [hat he defpife.s all this. Have you made hU"\1 afr~ld ~ have you tr~ubled him ~ have you griev'd him ~ have you done that which lha~ll1_lake him doe fo no more 1 Buc :jlllia" was about to renounce Chriflianiry, and thinks it all a Fable. Or fUPP.Qfeleife then that: fuppofe a man that keeps a concubi~e, and knowing that he fins, and yel r~[olves not to quu the fin, he abLl~lns fr91lJ the ~QlJ1munion and the pub-

lick

Oret, pro Clucocic.

y'

CHAP,4, in Canons and Cen/urn. 1. t'9

lick fervice of the ChUrch-~i(theBi{hop-:idmo;;i{hes him to leave the

partner of his fin, how if he will not ~ By what compulfory can the Ec-

clefiaftic nate enforce him ~ If you threaten to drive him from the Com-

.Dlunion, he hat~ prevented you; he never comes at it.. if from prayer;

you doe him a ~llldnea:e ; for he loves them not, If from Sermons , thea

he will enJoy his luft Without controlmenr, What can the Church doe in

this cafe ~ Bu~ fuppofe yet once more, that a violent hand fhall pull down

the whole Epifcopal order, what {hall the Church doe then ~ will {he excommunicate the men that doe it ~ They ~ay the order it Ielf is Antichri-

llian; and can they fear to be excommunicated by them ~ And who fears to

be excommunicated by the Presbytery t.hat believes them tei be a dead

hand and can effcCl: nothing ~ And in the fumme of affaires, one1y the

obllinate and the incorrigible are to be proceeded againft by thae extreme

remedy. And to them who need that extreme it is no remedy: for they

th~t need it,care ~ot for i.t:& what compulfion then can this be ~ Ifie be any

thing really effeCl:lve,lct I.t ~e perfuaded to ~hem that {hall deferve it ; for it

mull: work wholly by oplOlon, and can affright them onely who are tauoht

10 be afraid of it. It can onely doe effort upon them who arc willing t;'bc

~ood in the way of the Church.: for it is aIpiritual punifhment ; and there!o[eop~ratesonelyupon th~ fpmt, that. IS upon.thewill and underfland,

in~,~hlch can have n? coercI.o~: fo that in effeCi: It compels them who arc

WIllIng to be compell d,that ISlit does not compel at all.and therefore is but improperly an aCt of J urisdidion,

I!. For that which the Ecclefiafiics can doe, is a fu[penfion of their own

aa, not any power over the aCtions of other men: and therefore is but an ur~ o~ their own liberty, not an exercife of jurisdidion. He does the fame thmg III Sacraments as he does in preaching: In both he declares the guilty perfon to be out of the way to heaven, to be obnoxious to the Divine anger, to be a debtor of repentance; and refufing to baptize an evil Catechumen, or to communicate an ill-living Chrill:ian, does but fay the fame [hlDg: he Ipeaks in one by fignes, and in the other he lignifies by words. lfhedenies to give him the Holy Communion, he tels him he is not in the fla[e of grace and the Divine favour, he tels him that he hath no communio~ with ~hrill: ; and therefore by denying the Symbols fayes that truth which by his Sermons he publilhes, All the effeCl: and real event is produc'd by the fin of the man; and the Minifler of religion tells him as God's melfenger what he hath done to himfelf, and what will come upon him fr.om God. This is judicium, 1lQnjurudil1io, a jlldging,not" jllrisdil1ioJl; aJudging a man worthy or unworthy; which does not fuppofe a fuperiority of jurisdiCl:ion, but equals doe it to their equals, though in this the Clergy hath a fuperiority, and an authority from God to doe Io,

16. Adde to this, that the other effeCi:s of Excommunication are not any

force or impreffion upon the Delinquent, but are the caution and duty of the Church, or. {"nior pArs of them that are innocent \ for it is a command to them to abll:ain trom the foclety of the criminal : for to him it is no dired obligation; indirectly it is, as I have already affirm'd and (hall after:" wards difcourfe, . .

I),. This difcourfe cannot lerren the power and authority of the Chincll ;

It onely explicates the natureofit, becaufe ids ufeful to many cares of

T i confcienee,

Of the power of the Church

BooxIlI.

2.10

confclence, and does righ~ly ellablilh the .foundation of this great meafure of conicieace, [Ecc!dia{hcallaws] and !t addes grandeur to it. For it i in the Ecclefiaftkal gov~rnment a~ it was in the J udaical before they had' King. ~hey h~d ~o.K!Og of their .own, but God was their King; and h: did exercife J urisdidion, and appointed Judges over them, and wroU'ht miracle. for their punilhment or their efcape refpeetively : and [0 it i~ i the C~nrc~; Chrif] our head keeps the fp.ir~tual regality and the jurisdi~ etion !U his own hands, but fends us to minifler It according to his lawswhich if we doe, they who are found criminals cannot indeed be fmitte~ by. us, but.t~o/ fhall be fmitten byGod: and therefore Chrifrfaid the fame ehing to his Mlffionanes as God did to Samuel, They have not rejaled thll hut mt, faid God ~andl BUhat defPifetk yOIl, ~eJPifeth me, faid Chrifl, And ROW, although Kmgs have the fword 1D their own hand, and can fmitethe difobedieru ; yet we cannoubut God will finite them that are di[obedient to the Church: and that's werfe for them that feel it, and better lor them that are but threatned \ for it is true, that by repentance they may e[cape that which is threatned by the Church, which in the Common-wealth they cannot: but rhefe that feel it are in a worCe condition; for it is /I fl4r[./1 thing to fall intD the hanis of the living God; and, whocan dWell with the B'IIert41iTlg 6urTIiTlgs ? For our G8d is aeoTlfuming fire.

RULE II.

The Church hath power to make laws and to give Commands obliging the conlcience.that is, tying the fubjel!ts to obedience under the penalty of committing fin, or of incurring the Divine dif.. pleafure. .

I • BY the Church it is certain I mull: firll mean the Church Catholick, or

all the Governours of the Chrillian affemblies in the world: becaufe if it be in a part it is in the whole I and if it be neither in a part nor in the . whole, it is no where. Bur yet becaufe the whole Catholick Church, that is, all the Governours of Churches (for if we fpeak of the Church making laws, we mull mean the governmg part of the Church) did never meet fince the days of the Apofrles, who being few and united and abfolute and fupreme could then doe what could never be done fince : it is necelfary for the reducing this Ruleto pratl:ife, that the legHlation and the power of commanding be fubjected 10 fome more particular fubjet!:; and therefore I fhall inftance in the leall:. By the Church, I mean every particular Church joyn'd to the head of Union ; and by the particular Church, I mean the An-

J!pHl.ad Flc>- gel of that Church, the Bifoop;according to that faying of S. cypriAn, Scire Ub.t:.:~::~. debes Epifc8pum in Eeclefia e!Je, & Eec/efiam in EPif"po, The Bifo,p is in the Church, IIndthe church in the Bi{hop: that is, he isin the Church asthe head is part of the body,and the Church is in him as in their reprefeutatlve, and all their power is minill:red by his hand, and their interefl promoted by him; and heis the hand of God and the hand of thepeople;this Iitt~d up, and that let downj this in the minifiery of prayers, and that in t~e nu-

Dlftery

--------------~~~-- ........ ~~~ .... ~ .... -- ..... -- .... --------~

CHAP.4. in Carlons and CenJures. 22. t

.;;ia~f ·bkirings.--An(rth~rerore- S:-chryfoflome expounding thofe Homll. 61, ie,· words of Chrifl , Tell it «nto ,he chllrcb, fays that they mean, tell it- to Marth.

the Bil110P of the Church, who is to minifler food and Difcipline to the congregation.

z. Now all the power of commanding and making Ecclefiaflical laws,

that is, laws of Religion,. is wholly in the Pallors and Bithops in the fupreme order of Ecclefiafhcs. If there be two orders of Divine inftiturion, it is certain lh:lt one is the fuperior , and therefore one onely is to rule in eminency, and the other can rule but in minority and fubl1:itution : and that which is appointed to rule is the fuperior, Now the cafe then is clear as to the prefent purpofe : the Presbyters were under Bifhops, and ought be accufed before them and rebuk'd by them; we fee it plain in the cafe of Timothy and TitllJ, to whom S. Fa/It gave rules of Court, and meafures of taking cogni[ance of caufes brought before them. There was plainly the judging order and the judged: The Elders or Presbyters were judged; over them were Overfeers plac'd, P,IT in paTem potejlatem non lubet, Since therefore a judicatory was plac'd in the Church, thouzh it was a Ipiritual onely and without temporal coercion, yet it had a juf] a~thority , and therefore mull fuppofe a diflinction in the Clergy of fuperior and inferior. Now becaufe there can be no union political without aovernmenr, and the government which was appointed was that of thea:.sp.,~1"- 14m the ruling clergy? it fol1?IVS that the B!111Op being the head of fpiritual.U!l!Oll 111 the firfl infhtution o~ the ~hurch, every fociery of Chriflians is reckoned one by the onlty 01 the Bifhop ; and therefore that fociety of a Bithop and his parifh is the leaf] indeed.but it is a Chrillian Commonwealth. Now the practice A poftolical and Primitive adminiflrinz this power by one and one in every C burch, whe~e there were many P~esbylers,.!t mull be evident that he who was fuperior to the Pre,byters was to rule in every congregation ; and becaufe there was .none fupenor to him by DIVine or Apoflolical appo!Utment, all the legiflative or commanding power in the Church is founded in the Epifcopal order, and therefore that· one B!OIOp hath in his own charge a legiflative or power of command; and therefore much more when many Bi11l0pS meet together. A Diocefe is the leaft circuit of government, but it is an intire body f\lbjet!: to diftint!: commands; that is, every Diocefe hath one Iet over them in the Lord, to whom the people are by the commands of Jefus C hrill tied to give obe- . dience,

j. . Whether the Diocefe be little or great, allowed or difallowed, in City or in Country, divided into parifhes or not divided, under Metropolitans .01' n?t under, of many Churches or but one, it matters pot: where there !s a Bifhop and a congregation there is a Diocefe, and there is a power of commanding and a neceffity of obeying, mira limites difciflin4, within that pale in which they have warranty and power to govern and, co give conunandemenrs, As for parilhes in the lare fenCe of the word, that is, the charge of a fingle Presbyter, it is no body politic of Apoflolicalor Divne appomrment : for the Presbyters were called in partem follieitudinM Into the help of the Minillery ; but they had no .cure of fouls, fave onely by delegation & fpecial and temporary appointmeut,for fomewhole ages in the Church: and. therefore the .Governing and the Commanding Allthomy cannot be extended to Parifhes and to their Curates which are of late

T ~ date,

01 the P ower of the Church

BOOK 111.

4. To the verification therefore of the power thus fubje~ed, all thofe

titles of eminency and fuperior office recorded in Scripture doe aptly minifter: as that they are called Paftors, and Rulers, and Pr.epofiti, and bi,lUl(,9'''''' Bifoops or Overfeers of the Church.He that hears them.hears Chrill, who hath fent them as himfelf was fent. Upon the account of rhere the firft rulers of Churches in Scripture did give laws to their people, and threatned the difobedient not onely by the force of their extraordinary power.but by the effects of their ordinaryrniniftery. The particular inflances of command I [hall enumerate when I give account in what things they have power to make laws; but thefe words of power were fufficient warrant, and were like feals to their Commiffions and Monitors of their duty. But fo the Rulers of the Church did practife their power> and taught the neceflicy of obedience,

5. To this purpofe are thofe words of S. cleme"t to 5.1a11l0 the Bro-

1,,;':,',: .. 0""" ther 0,1' our Lord; Theft things, moft dear Br6tlur, I h,lVtrrceived f~"n the

. .. mOMh of holy Peter ,who gave thecommdnds, and I hdve mdedvour d tl fllrr them to thee, that thou mayeft command them all to be Illpt inviolate, blcarfe Ecclefiotftical4f.im ought 1IDt to be done cartlepJ hut wit" diligmce. 'Ihmfqre [If no ~a71 thinle that without danger he can neglea thefe precepts, or dif{e11i.Me·them; quia in jlulic;o Dei ignis .ttern; t"menta fuftinebit qlli Ecc/eJiaflif4 decreta I/tgle:mit, becallfe in the jll~~tnl ~f God he }hall fuffer the torments of an Eternal fire who Jblfll neglea ,be demes of the church. But

he

in Canons and Cen(ures.

22.3

CHAP.4.

he that )bali he;; thee ~ the Minifler of Ch~ift ~o;;';;;a-"d;d,foa/l meiv~ik-:-----fJ: Blit he that .fbal/ not ~ear thee, or rather the Lord J!eal:iTlg by thu, jbid}

rlCli~'e to hlmfe!f damn,lllo".

6. 5, Ignlltius is very frequent and expreffe in this particular. Be fub- .

jfl1 to the Bilbop .1S to the Lord: For he watches for your fOlils as he that mu]: l:!~~' ad Trolqh'c an account to God. For It u mcefJdry that yOIl doe nothmg wlthollt the

/;iJhop •. For he th"t is di{obedient to Bi/ho;s, will be ~/toge.ther withollt G~d, impiom,IITid" defFifer of clmjl,and A diJparager of hu ordinance. And again, Epi!l, >i~la~' It is ftt that YOIl obey YOllr B,jbop,and in nothing to contradia him. For he tlidt mL

does, de/pi(es not, him that is vifibh, bllt in himde{pifes the ~nvifible God, who

cannot be de(pis d of any 0111. F or the BiJhop hath nOI hu promotIon from

mllJ, bllt from God.

7' TertliOian fpeaking of the power and judicatory of the Church, faith, in Apoiog'"

Ibidem (tiam exhortlltionu,cajligationes & cenfura Dioin« ; nam 6' jlldiclt-

IJT tnllgnocNm pondert, ut apltd certos de Dei cDn/peau, There lire exhort4- lil1ls,chaftifoments amI /I Divine CCfI/tlrt ; for the judgment of the Church is

with s.reat weight and efficac.v, hUllufe it is amongji them who are certain that

Ihly Jlull appear before God.' and it u the!Jreate/1 forerunning of the grw 1udgmmt, if any om {Ins fo that he be b,mi/bed from the commllnion of pray-

iTS, afJm,bties and alt holy entercour]«,

s, To which if we zdde the words of S, Cyprian, we {hall find not onely

[he power and authority warranted, but the fubje~ of the power declar'd

[0 be the Bithop. Siner there are (uch and (0 great and mllny otber eXAm. Ep, ad Cornel, firs lind prccedtilfS by wlJich the AuthoritJ of the Bi}hop ,md his pO'lller is Papsm ~b. I, IJI.bltjb~d by Divine ordinance, wlut fort of men doe JOII fuppo(e them to he'H who,being enemies of BI/hops and rebels againft the Catholic Chllrch, sre not

4frighud witl, the thrwning of God ~dmoTJijbing them, nor yet with the reo

<'engt ~f the ffttNre Judgment? For berefies have ari[m and fchifms C011l-

Inenc'd from no other C,!Hfe then tlu«, that men doe not obey [the BHhop] the

Priif/ of Cod; neither doe they con{lder that there is in the chllrch for a time

A :judge in the }lead of chri(l, to whom if all the Brethren ."ou/d obey IICCDr-

ding to the Comtl1,mds of God, 110 man would move atlY thin_'{ againft a coOege

of Bijhops ; no man 'IIIould after the Divine jud?;mcnt is paJf d, afttr the ful-

[r"Ke of the peopk, and the jlldgment ot the Bi}'ops his AfFJJors, malee himfelf

a judge not of the BI}hOP, but indeed of God himfelf I no man wOllld divide the

IInit1 of the church, no man hy If felf-pleafttre and pride would1llal:e • nlW

herefy ,'part by himfelf.

9, I onely adde the reflimony of S. Hierom, it being in a clear care as to

the thing it felf', and the difficulty being onely in the meafures, the manner

and inflances of obedience, Epi/~oplu vefter cui Ecc/eji.t co_iffum eft re- in Regul. Mo" gimlJJ, &c. Tour Bifhop to whom the government gf the church is committed, naeher, cap.17. "hom God hAth plac'd tU the furveyor of his vineyard, the ]bep.herd of the

]hup, the direaor of the flock, the leader of the people blth in the fity and tht

cOlmlrJ in which ye live, let him nourijb Y'U with a jingular 6ar(, and feed

lOU with the meat of holy doE1rine ,and in the pre fence of God taleee{fuial cllre

oA,ur fONls:lrt "If men de'TJoutlJ and with an, even mint/as to God ,hey hi", t~

w60m nil tbe cilJ is committed.

T 4

But

2.2.4 Of the Po"tPers of the Church

-----y;Bc::u=-t Lbe-:-:,=au::t[e 1 have gIven a la::-r-=g-er-a-c-'-co-u-n-'-t-orfC::t'hi;-s-;~'u-ty-;iC--n-g-en-e-ra-l,~in • J;pi[cop.cy * a Difcourfe on purpofe, I Ihall more properly confider In what particular .iTerted Sea'34, cafes the confcience is, or is not, bound to obey the Church-governours. 35·

BOOK Ill.

RULE III.

The Church hath power t? make laws in all things of neceflary duty, by a direct power and a Divine authority.

I. SAint Igrwim difcourling of the Bifhops power,commands fubjet'lion to him in fo large and comprehenfive termes, that theyJeem to put an end to all further inquiries in this rule of confcience.by making all mqniries to ad Tralllan, be ufelefle , becaufe an obedience univerfal is due. Nueffe e{1 fit qlllCquld ad Magner. facit;s, nihil fine EpifcopotenwlS, & in nll,1o iUi rcfr4g4~i,' ~d again, Nec qui,quam vldeatur vobIS coTJjentamum qllod fit pr£ter IIIIUS ]udlC/ttm; quod (/'lim tale 1/, Deo intmicum eft· It is nmg:"y, th.,t whMfoever ye dee, JC doc nothing withollt the Bi{hop ; that ye be obtdrent to hIm, and be refr.lflary againfl him in nothing,' Neither let any thing pleafe you that is blfides his

jtdgment ; for whatfoevu is fo is an enemy to G9d. The fame alfo he repeats in other places, and gives it in command to other Churches. But this is too general to guide any man.and therefore ofit [elf requires a limite-

and therefore himfe1f does explicate it in his letter to the Church of smy;nd. Sine Epifcopo nemo quicquAm fdciat eorum qll£ ad Ecc/eji.lm ffta .. nt ; Withollt the Bifoop let no man doe allY thing of thdt which belongs (0 the chllrch ; that is, whatfoever is intrufted to the Bilhops charge, the conduit of fouls, the duties of religion, the commandements of God, the Sacraments of the religion, the Orders of the Divine inflitution, the interior aCtions of grace, and the external which are of neceffary miniflery and relation to them, are under the Difcipline and legiflation of the Church. For in thefe things onely his charge, and therefore in there things onely his authority does lie.

EpHl.3d fph:C

2 Thus the Bil110P hath power to command his fubjeCt or parnhioner to

• put away his concubine; and if he does not, he not one1y fins by unc1ea~· nefle.butby difobedience too. For the authority of the Church beinz .fp~. ritual, it hath power over the Ipirit, and introduces guilt upon the foul If It be difobeyed. So that it is but folly and ignorance to think the BIfhop hath no power, becaufe he is to command onely in thofe things where God hath commanded already. For though he is God's Minill:er and commands not by his own will, but by God's, yet he hath the authority of God gIven te him to doe that: and befides that it is not reafonable to think that God would give the Church-Rulers his authority for trifling and needlefle purpofes , it is alfo evident in the thing it felf, that it is of great effeCt, becaufe even in theferhings he is the voice of God, and judges in the place of God, and affrights finners with the accents of his difpleafure. and upon this account brings a burden upon the difobedient which was not brough; upon him before t he command and fenrence of the Church,

CHAP.4.------'-·n-C~a-n-o-ns-a-n-d~G~t~nfl~u~re-f-.------------l-~--)

What[oever therefore the Bifhop commands us as from God; in that

l'his power and legiflation is pr~p.erly exercifed: and It is abfolutely to be obeyed without any other condirion or referve, but that It be indeed the

will and commandement of God. So S. Bernard, ,fj1picqllid vice Dei pr£-lib.d'Pr"":ptD IAIUS homo pr.ecipit, quod non fit tsme» certum difpltcere DeD, haud fecus 8< cllfpcnf'tlon; owniNO rtClJiendum eft ac ji pr£cipidt ipfe tu«, Whatfoever the PrelAte in

Ihef/ead of God conPl1;ands, provided YOll are certain. it does not diJjlcafe

God itmufo he recen: d lIS if God htmfelf commanded It. For whAt dlf/uflce

j; i/whether God by himfelf; or by me» hiJ Minijlers,or by .h~s minijlring, An-

gtls make his wili ,md pleaf~re kno,!,,, unto m: Where It l~ob[eryab!e th~t

he does not give leave to difobey If we qu~ll:I~n whether It b~ li?d SWIll

or no . for if it be a que!tion,the prefumptlon IS for the authority impofing

it : and in that cafe, though it be a d?u~t in theory, yet that mull: not hin-

der the praCtical obedience; becaufe It IS as certain that our lawfu~l fUFeri-

or hath power to command ~s [0 ob.ey When ~~ are not ~ertalD o. the

thing as it is certain that It IS a.fin If we doe It 10 a doubting confcience

by ou~ own authority. For the iluthfrity of a,d in the hA"d of a PrelAte is

warrant enough [0 determine us when we know nothing to the contrary,

though otlr DI1JlIwili iI nM. If we have a doubting contcience, we have no-

thin" (while the doubt remains) to oppofe againfr it but our will, and that

is no~ [ufficient,but a Divine authority is. N ow although in the prefene cafe

it does not work to the dearing of the material doubt, yet it does operate

to the clearing of the duty: and therefore S. Bernard [aid well [quod "on

pt lame» mlilm di(plime Dro] unleffe you are Cure, that is, be fully per-

fuaded,you difplea(i God in obeying the Bifhop, it is certain you doe dif-

pleafe God by diCobeying him.

l' For it is a part of our obedience not to judge his fentence, that is, not

to give judgment againfr him in a quefhon of difficulty; but 10 Ilaad to his

featellee. cmJII4 tihi fatlltAre qui equid iDe pr.fftper#; nec tie Majlrlfm fen- III Rume.1Ii tentla i_dim, cujus offiCii eft .bedire 6' imp/ere qllA jllffa fUIII, faid S. Hie- Monath. rom in a like cafe. It is your part to obey, and to doe what is commanded,

and not to judge your judges, but to believe all that to be good which your

Prelate commands you; meaning when his command is in1l:anc'd in the

matter of the Divine Commandemcnt •. In things that are plain and eafy,

every man can be a Judge, becaufe indeed their needs none, for there is no

queftion: but in things of difficulty, and where evidently God is DGt di[hcnour'd, it is very much our duty to obey the Church.

!, Thus the Church hath power. to command us to be devout in our

prayers, to be charitable to our Brother, to forgive our enemy, to be heartily reconcil' d to him, to infrruCl: the ignorant, to follow holineffe, and to doe juflice, and to be at peace with all men; and he that obeys not, docs walk di(orderly,and may be us'd accordingly with all the power the Church hath intrufled to her, according to the merit of the canfe : but it is certain he fins with a double iniquity that refufes Gods Commandement and the precept of his fpiritual fuperior , for in thefe things every Minifrer tan exherr, but the BiGiop can command, that is, he binds the Commandement o~ God by a ncw obligation and under a diftin4l fin, the fin of' difobedience,

Rule

Of the POll1er of the Church

12,6

BOOK Ill.

RULE IV.

The Church hath power to make laws in [uch things . .. which are helps and apt minifleries and advan~ tages of necetfary duty.

I;. This Rule is expreflely taught by S. Bajil .. Nue/J~rio ea. nos in mem8~ Inregu!. bre- rwn ~ebemus ~edlger~ qu.c dill" (unt .ab Apo~olo,Prophetllr; nollte {permre .... vior, cap. 14. Ex hIS asstem tnreDlgttur quod ft qUid nobis tmperlltum eft qllod ile'", fit cum lIIandato Domini, IIlIt a",uvet, illud tllnqullm 'lJoluntas Dei {ludi0ftus diligenti~sqlle .i nobis fuPili debef,. We mu! remember what the Apoflle fAid, De[pife not lrophefytngs. But if an], thzng he commanded us which is aU onc with the command of God, or may help ;1, it ~ught t, be undertaken by tiS with diligence' and jiudy AS if it were the will of God. Thus if our Bifhop in his precepts and Iermons of chaflity command that the womengoe not to the publickCpeetacles,where are reprefented fuchthings which would make CdtO bluth, and Tllccj" have loofer thoughts, they are bound in Confcience to abftain from ehofe impure focieries ; and not onely from the lufl, but from the danger. For in vain is it that God Ihonld intruft the fouls of the people to fpiritual Rulers, and give them wifdome eo doe it, and command •. ment to doe it with diligence, and gifts of the Holy Spirit to enable them to doe it with advantage, if the people were not tied in duty to decline thcfe places and caules where and whence they doe ufually perifh,

:a. And in purfuance of the Epifcopal authority in the like innances it

was that S. Chryfoflom held his pafloral lbffe over the difobedienr : for the Church had declar'd that in the holy time of Lent the people Ihould live auflerely, and therefore he told them at that time efpecially that they

fhould not goe to the publick lhews and theatres; and to the difobedienc he addes this threatning, Sci ant emnes his crimiTlihlls obnoxii,ji poji hJnc nojiram admonitionem iTl ea Tlegligentia man{erint, non toleraturos nos, fed legibus Ecclefiaflicis u[uros, & #JAgn; ~lIfteritAte dot1aros TIt talia pofthac

negligant, neve tanto contempfll Divilla ;ludiallt eloquitt, Let all thM Are guilty of [uch crimes know rhdt if after this admonition thq perfijl in this 1Ifglea, we wiD not [Nff" it, but .. [e the laws of tJ,e church 4gai1lft them, d»d fhA11 tell&h them with trw Alljierif] that hereafttr they doe not ,hear the Divine

Sermo1l1wifh [0 great contempt. . "

3. Up'on the fame account the Church in her Sermons of repentance d?e5

ufua]ly,and.hath authority to enjoyn a8:ions of internal and externalligmli· cations and minifleries of repentance. In thePrimiti ve Church the Biihops did indiCl: faning-dayes,and publickl.etaniesand proceffions orfelemn fup·

, -.. .plications .and praycr~ to be us'din the times of pub lick danger and .necef.

t';ry~~l:~~nlO Iity, Thl5~ve findin TertuDian,:!lPiFofi #ni'lJer[~ plebilllilwdare Jeju1!IJ aJJolent,non dlco ae induftria jiipium eonferendarum,ut veflr.c captllr~,ej, [ep mterdllm & ex II1iql14 foUicitudinis E"leftajiic~ '4u[a, The Bifhops are wont to command fafting· dayes to all the people, not for feculer ends, but

for

Homil. 6. in Gtncf·

-in CanonI and Cen(ure I.

for Ecclefiaftic~1 ;Deceffi;y ~d advantagZ- FQ~ when ~od hath efiublifiled an office and miniftery, It IS certain he made It fuRklent to acquire all the nds of it's delignation: lince therefore the government even of internal ~aions and a body or fociety of men mufl fuppefe external a8:s,miniftt:ries, circumnances and lignifications, no man can from without gove~l1 that which is within, unleffe he have power to govern that without which the internal aCl cannot be done in publick, in union and fociery •

4, And here comes in that Rule of the ~aw, . 'Tbe A~cef[or1 fq/lows tke na-

tMTt of the Principal; which hath been fo infinitely mlaak~n and abus d by the pretences of RomaTlijls and pmlrJtery for the eltabltlhing an Empire EccleJiaftical in rhinzs belonging to themfelves, not to God. For the foul being the principal ~nd the body it's inflrument.they he?ceargue that they to whom the fouls are committed, have therefore a right to govern the body,becaufe it is accelfory to the foul; and '!f the body.then alfo the accef" fories of thebody,a8:ions,ctrcumftances, tune, wealth, lands and houre~; norder to the fpiritual good of the foul: which propofition becaufe It IS intolerahle it can never he the produd of Truth.and therefore mufl be deriv'd from ~ f,lfe underftanding of this true rule of the lawyers. But becaufe in it's true meaning it ferves to conduct many, and particularly this rule of (oRfdence, it is neceflary that we know the true meaning of it.

The Rule [rJ"he Acc~lfory j()UOllJeI the nature of the 'Principal] explicated.

j' Therefore for the underftanding of it fo far as can be in order to our

defign, it is to be inquir'd, how we lhall know which is the principal and which is the acceffory ~ l. In what fenCe the acceflory mufl follow the nalure of the priscipal,

6, I. That which is principal to one purpofe, is but the acceffory to ano-

rher fometimes. If Titi1l4 hires my land and builds a houfe upon it, the ho~[e is but the acceffory, becaufc it came after my land was in po{feffion. !lUI if Tit;lIs buyes my houfe ftanding upon my own land,he buyes the land too; lor the land is but the acceflory.and the houfe is the principal :.becaufe the houie being the purchafe, it cannot be at all but upon a feundation, and therefore the ground is the acceflory, and after the houfe in the intention of the buyer. ViDa /U.»tJRIII 'lu,md, it is fometimes true ~ but ordinarily, F¥pdu; q~.frit '!IilJ4PJ.

7, 1. That which is of greateft 'value is not always the principal, but

fomctimcs is the accellory. The pi8:ure ~ A!ollDUpon a laurel board is mach lUOIC precious then the wood,and yet if AleRes fhould taka Ltlctln ~ wood and draw the piCture, LuciaN. will makebold with the board, an<! ccnfequentlv carry away the pi8:ure. A jewel Iet in gold is much better then the gold, but yet the gold is the principal, becaufe it was put there to

i1lulhate and to adorn the gold 1 aceording to that of UlpiAn, Stml.tr ellm I, cO", ~u,"rri. 9~4ri1»H.s cptid (lIj cedllt, ilJn.d {pdltlltJIIS, '1- ellis! rei orllilnd.c caufJ...Jhi- 19· §. f"v,nl" btt.,. Aad therefore if C~VoI dy·ing leave me in legacr his black-cloth fuit, ::r~~fl;r~:nt. IJhalI alfo receive the: liiamoad-blU.tQJl.5. that adora it : b~cauli: thefe! were Je~,

• pla~

Of the power of the Church BooK IIf.

----------------~ ------

plac'd thereto adorn it; and therefore are the ~ccelfor¥, becauie~

IIJtI minom, and wholly ,Cet the~e fo~ t~e miniflery at the other. ~od Ildhibetur IIltmus ret caul" ; that IS principal tor whofe fake the other wa fent or put. And therefore it is no go?d argument to conclude that th! body is the acc~lfory, becaufe the foul IS more noble. Cedent gernm. phidlis vd lanclbus meluf" auro IIrgentove. The foul IS indeed a jewel fer in gold; but is therefore an acceflory to the body in fame cafes. He that buyes the body of a Ilave.hath right to all the minifleries of the foul , anJ the man is bound to Ierve his Maller with a ready mind and a good \~ill. and the foul is a -eJt.'l.9l\;,;mfl9 of the body. The body is firfl, and the foui comes afterwards to give it life and ~otion.

8. 3. When two fubflances concurre to the conlliturion or imeariey of

a third, one is not the acceffory to the other. The eye is not the a~celTory to the head, nor the foot to the leg, nor the hand to the anne; for that onely is an acceffory, quod alteriu« rei aufa IIdhibetllr aut amdit : If it comes in accidentally and be wholly for the others fake, then it is an aeeef. fory, Thus order and decency and circumflances of time and place are for the rninifleries and ornament of religion, and therefore are accefIories. The outward act is the lefle principal and an acceflory to the inward, for to the inward it wholly minifters , and confequently he that dirpofes of one may alfo govern the other, becaufe the leffe principal il included in the more, and the lefle and the more have not two admlllifiwions, becaufe they have but one ufe, But the foul and the body are two uiflinCt Iubfbnces of ditfering miniftrations, a~ing to feveral and fometimes to contrary purpofes , they are parts of the fame man, a better and J worfe bl!'t not a principal and acceffory, unlefle it be by accident ancl ill Come uf,; and to lome purpofes ; and then fometimes one fometimes the other is the principal. Concerning which the Rule is this. '

9. 4· Thofe things which of themfelves are not, but by accident mlV be

made acceffories to a principal, are then to be efleem'd to be fo when' they aCl:uallyand wholly are joyn'd in ufe to the principal, and ferve the end of [he principal,but have none of their own. Thus IV hen the foul prays paffionately, if the lips move without a deliberate aCl: of underfianding, but obeying the fancy, the body in that cafe is purely the acceffory, I fay in that cafe: for if the body receive a command to other purpofes, as to attend upon the Prince at the fame time when the foul prays, in that cafe they are both principals; and neither of them is acceffory to the other. And therefore although it will follow that when the body miniflers to the aCtion of the foul wholly,and hath no difiinCl: work & office of its own in that aaion, he that commands the foul, can alfo command the body; for they are in that miniflery but as one: yet it will not follow that when the body is not the ncceflory.is not conjunCi in Miniflery.but does or can aCl: diftinaly and to other purpofes, he that is of proper authority to command one hath authority alfo of the other. And the reafon of this will help well to explicate this whole inquiry. For

10, 5. He that pretends to a power over the acceffory becaufe he rules rbe

principal, claims his power wholly for its relation to the principal, and therefore it can be extended no further then the relation: but if that relative have alfo an abfolute and irrefpeCtive nature, operation or defigne, it

cannot

2.2.8

_--

CHAP.4. inCanonI and Cen/urn. 2.2.9

canoot be gOverned iii any thing' ofthis~ becauCe of it's relative nature and conjunClion iri the other; for there it is not acceflory, For it is the naeure:

of the l1W1fMI'!9' rUTIQY' ~ -eJ'n§. f4j«.n i'lTOT'/>.fl1fl9, '}) ileJfJ~:~ glPf'lfJ,l

1h( cOlljunl1 tAl4~" wfo», "hen it it tlurt~ the work will [DHow.· b"t whe~

it if away, there 11110 be no event, fays-the Philofopher.

II. 6. It is ilot.e~OIigh to make a thin~ ~(j be a~celtory, t~at it is delign'd

for theuCe and miniilery of another that IS principal ; but It mull: be actually applied: for till ,hen it is but a potential accelfory,which gives no right and changes no nature, and produces no effect. Bridles and CaddIes are m3d~ to be us' a with hones : but ~e that ~ii¥cs all. the horfes in. a faire cannot claim all the faddles and bridles whlcli are In the fame faue to be fold. becaufeth~y ~re not yet become the accelfor~e~, but are onel~ defign'd t~ be fo. It IS intended that the body ihould minifler to the foul iii matters of religion ~ bnt becaufe it minifters alfo to ocher aCl:ions of the foul, he that rules the foill d~e.s not by cenfequence rule t~~ bo~y, unlea:e i.t be actually apphed, and be conJullct with the foul in the mlfllll:efles of religion,

11. .:z. ':fheCe ma~ be fufficient to declare fo much of the nature of 4ccef (oms as ~s of ufe in our preCent queflions, rhe next inquiry is, whar is the meamng of thefe words, [The acceKory [[oHows the 114turt]of the principal.] For it cannot be meant that whatfcever is faid of one may be iaid of the other; or whatfoever may be done to one, may be done [0 the other. ,!he Rulers of fouls have power to excornmunicare or to cu~ them off from the body of the Church, which IS the greatefl fpiritual power, and is after it's own manner a Ipiritual death. Now fuppofe the body be an acceffory to the foul, it wiII not follow that he that can CUt the fonloff frOID the Church, can cut the body alfo off from the Commonwealth, But the meaning is, that duplici 6- diverfg jIm cmferi "'" dtbent . they who are joyn'd in one action are to have one judglJlent, though accor~ di~ to, their l'efpeCtive mea~ures. tf the foul d.o~s well, Co. does the body mtnlftnng to the foul. If It be good to pray, ms good [0 appoint times ad places to pray in, becaufe without time and place you cannot pray: If ume and place be connngent and Irregular, fo are our pra>:ers,~ if our pray~ es be folemn and fixr, fa mull: they. And thas alfo It Ism matter of G~ vemment. If the Bifhop is to guide the devotion of the fout, he can aifa ~ive rules to the body in all that which it minifters to that aaion -of the loul ; and when they tWO make ~ne .compl~at aCl:ion by way of_Pr!ncipal and acceITory. they are the Came one inure fubJeCl: of government; But this is to be extended 110 further. This pa1fes not to the diftint1: adions or miniaeries of the. body; but is cO.nfin'd to t~atin which it is, and folong as it is one agent With the foul: neither can It ;alfe to warrant any other impreflioD upon the body, but that it be commanded and conducted in the

parfait of that action, .

1;. And afte~ all, though th~ Rule be .t~US warily conducted to keep it

~om runnlug mto error, yet neither thus IS It always true. CII", pr~",jp4-lI. d. '"iul; . /11 r411/4 /I,,, conftftAl, plerll",que ne e4 qllitk", qilll /eqlllllltllT "&11", ~J,,,,t . Juri, 1,'7'. It fays die law. It is fometimes Co, Cometi!1lf$ not, Money is accelfory t~ 1.1'9· 11'. cod.' the man, and cloths to the body: but he that hath the man in cure is not

the ClirAtor hOllorll",; and the Phyfician that gives phy~c to the body, and

V condacts

OJ the POfler of the Church

BOOK HI.

conducts tbe regiment of health .. ~s not Mafter of his wardrobe: and the Epigram derided Herod the Empiric,

cliniclIIHerDJes truOam fttbduxerAt igro:

DeprtnJII4 dixit, Stufte,quid ergo bib,..? •

becaufe when he came to take away his patients ficknefle; he took away bis plate. If the principal act b~ con~r~'d by an acceflory o~t~ though -rhe principal act prove null and invalid In law, yet, the man IS tl~d by the remaining oath. A man cannot offer to God an indifferent action . or thing And therefore he that promifes to G~d to walk three turns every day,hath done nothino- ; the all: IS null, and he isnot obliged to pay that to God: but

• c. cum con- if an oath did fupervene, that mull: Il:aud, • though the principal of it [elf dng" .es tr.de be null; becaule every oath that can without lin be kept, mull: nand. The Jure)ur, alienation of a Minors lands is refcinded by law, yet the. obligation and

caution of the Tutor for the acceffory verification of the principal f.11e will ftand: becauterhere is:l, reaCon th~t feparates the,acce~0ry from ,t~e principal, and the law Ifttendmg to refcind t~e tranflation of the Dominion, not to'refcind the contract, leaves the principal loofe, and the accdfory bound. This is alfo thus in actions princip~1 and ac~e~ory, ,which the law cals per[aneles & hyporbecarlM. M_.eVIII4 dies and divides his eftate ?etween,l.ucilll and LucnOliS ; but he was indebted lO talents, and for caution had mgag'd fome jewels. Ludll4 paye, his five talents, and LucuOm payes. foure of the other: the perConal action of LMCill4 is diffolv'd, but the acceflory is not I for till LucuOm his perfonal or principal be taken off,the acceflory and can. tionary remaines upon them both: and this alfo hath a particular reafon, and Io have all thofe cafes in which this Rule failes,

1 From whence 1 inferre, that this thing is Iometimes reafonable, and

4· Iometimes unreaionable, but it is never neceffary but ill one cafe; and that is when the acceflory isnecelfary and infeparable, either by reafon of a natural or pofitise conjunction. For feme things are accelfory by ufe and cuftomes, Come by taws and commandements, fome by the nature of the thing. Now of tbe firft two COrtS the meafures are contingent and alterable: the lawsfometimes declare a thing to be accelfory, and at other times it is no Co : and if by nfe or contua: or cuflome a tl1ing be acce!fory, it ceafes to be fo if the accelfory be particularly excepted. As if I buy a houle, it is by cuftome concluded that I intend the garden that is joyn'd to it ; and he that fels a horfe, fels his bridle: but if the garden be referv' d, & the bridle be excepted, the rule is then of no ufe,

I). Now to apply this to the prefent inquiries. I. Becaufe the body is not

in the nature of the thing an infeparable, necelfary acceflory to the foul ill fpiritual actions and mioill:eries, but the foul can pray alone, and be charitable alone, and love God alone, ~d the body hath aCtions, and inrentioos, and interefrs which mingle not with that which the Ipiritual rulers are to govern; therefore it cannot be inferr'd that the body is fubjeCt in all things to them who ~overn fouls.

16 . But ~. It does follow and may by force of this rule be inferr'd that

• Mey who are [0 govern the religion and fpiritaal aCtions of the foul, call aifO govern the actions ofthe body which minifler immediately and necefl'arilyto theneeeflary atiions of the Coul:& therefore becanfe it is a duty.that we· communicate in the Communion of Saints, when that duty is actually

" - and

in Canons and CcnforCl,

23i

and of neceRity to be done, the Bilhop hath power to command the, bodies of men to be preCene in Chri!l:ian aflemblies, according to the prCCl:ptf>f the Apoftle, Netlen not the affembling of YOllr [elves tpglthrr.

11. And yet furth,er, to come home to the preCene Rule. there: are feveral

tlegrees ot neceflitie, and feveral reafons of it. Some things are neceffary for life, and fome for health. Some are neceffary for lingle Chrillians fome thi~s are ~ecelfary for focieties ; Iome things are nece1fuy in priY3te: and fom,e ID publiek , fome things are for order, and fo~e for precife duty,; fome things are abfolutely, and Iome are but reCpectively and in order to certain ends necelfary. The body is an acceflory to the foul,atqlle eodem jure un/nul_m,tD be judg J by the r 411Jd"ws, govern'd?y th~ fame perfons, fiibjed to the fame (entence and: conduct, not onely ID things of abfolute necellity ,but even in things of great advantage \ not ondy in private neceffity ~hic~ is alway~ injifpenfabl,c, but even inpublick neceffities of the '. hbrch: iII which there IS ~lter latitude and more liberty.and the reafon is, becaufe eveo thefe lelfer ~~rees of necdlity are requir'd of us by Divine Commandement ; 'and It IS DOt ondy commanded to us to doe that which is law. ful, but that alfo which is of. good rtpor~ ; not J*l.e~y that we glorify God but that o~r Brethren be edified. ~d III proportion to this, it is requir'd of the guides of fouls that Ihey gwe good.Am8nt of them but it is re-

qui,r'd of us alfo that we, fo ,comp?rt our felves that they m,y ':e it with joy t Hebr I _ which cannot be fuppos d, If their power. be kept within the bounds of a . 3· I,. limply and indif~enl3bly Ilecelfary internal religiomircannoe be done with.

out profperous clTcumftances and advantages of religion: iii thefe therefore

if fpiritual guides have not power to give commands they have not all

that is necelfary by all the kinds of neceffity which God ~e.

I~ But this Rule we fee ~erified by authentic precedeess. For the Apo-

Illes at 1tru{Alem indeed thought fit to impofe nothing but thofe If«ef{u, Ihings whic6 are fpecified in their decretal: but S_ PAul us'd alfo this au~ thority by the meafures of the prefent Rule, ana commanded beyoruhhe limits of abfolute necefiity, even that which he judg'd convenient \ and ve-

rifies his authority in his Epiftle to Pbilemo". I mitht be mllth b,U ill chrijl PbU ..n.

rltlljOJ" thee tb., which ilcolWenieTll: and this he actually did to the CDr;'.- .m.l. f

rhi." Church, commanding that.O things ]bo/I/J be JDlle Jue.tly 411. i.

"dlT.

'9· Now alth,ough it ~e tru~ that in thefe t~S the Apofl:le had fome

advantages which the Bllhops m fuccefiion have not \ he liad an infallible fpirit,and what he caU'd conveoient was fo indeed., and. he had converted P"~k",'"' ~e wa~ his Father in Chrift, and he was eaeof-the pillars UpOD which Chnft built the Church,alld he w.' to lay tne founclatioll fat u fverllfting building: yet becanfe the inftance to the CDrillthi4" Church was rnch which was of a perpetual rtafQn,'anciit wonld be for eVer D«4Ifa.; ryth~t things {hould be done in the Church ~ecently and in order , and th~ qlre~lon of decency would for ever have vaneey and flux, fuq:tllion andi relative uncertainty, it was Ileceffary thaux wsthere Ihould be perpetual Judges and perpetual Di8:ators.: and thefe can be no other but the Rulers of the Church, who have the fame pow~ as the ApolHes had inmis, though ,not [0 many advantages 'at 'Power, When the Bifhops jadgetraiy concernmg neteftity ,& fuch dccaiciIJ and tcafimabLenclfes as arc: nc:xt"l1e.

y 2 celJity,

2. J 2. ' of the Power of the Church, BooK lIT:

ceffity, they can enjoyn them.onely they cannot _judge fb fur~dther; fore although there may be more caufes of laying afide their commands yet it is never Iawfull without canfe, ;

20. . But thi~ i~'not to be extended to fuch aecencies as are onely ornlment

but IS to be limited to fuch as onely ref cue from confufion: the reafon is' becaufe the Prelates and Ipiritual guides cannot doe their duty, unlelf~ t~ing,s be fo orderly that there be no confufion, much lefle can t~y doe it With JOY; and fo far their ,power does extend: for although that is not req~ire~ of the governo?r~ but o~ the people, that the RuI~rs office be done with JOY; y'et becaufe It IS required of the people,they fin If they hinder it. therefore the Rulers have power to enjoyn it. But if it can gse beyond this limit, then it can have no natural limit, but may extend to fomptuouf. neffe, to ornaments of Churches, to rich utenfils, to Iplendor, to Majefty. for all that is decent enough, and in fome circumflances 'iiry fit. But be: caufe this is too Iubjed to abufe, and gives a fecular p.r into the hands of Bilhops, and an authority over mens eflates and fortunes, and is not neceffary for fouls,and no part of Ipiritual government.it is more then ehrit! gave to his Minifters.

1 I. This alfo is to be added: that becaufe this power is deriv'd to fpiritu:u

Rulers upon the account of reafon and experience of things and the duty of the people, that the Rulers thould be enabled to give an account of their charges with joy, therefore it is onely left to the people to doe it or no! under the pam of a fin I,but t~ey ar,e not to incurre Ipirimal cenfures upo~ the ftock of non-compliance In things not Ii~ply, neceflary or of eilential duty. For to compel them to advantages Will bring but little joy to the Rul~r: he muft fecure the main duty whether they will or no; that himfelf IS to look t.9.and therefore to ufe all the means God hath put into his hand; and for that he muft look for his joy when he comes to give up his account : bu~ that he himfelf Ihould doe his duty with joy, that is with advantages, With eafe~ With com,fort, bei~g a duty wholly incumbent on the people znd for their pr<;»lit, If they Will not comply, they fin; and it iJ

llcbt.13' 17. no~ profitable /81 them,falth the ApoLlle, that is, they 100lC by i!; but to this they are atno hand to be conflrain'd, for that will dellroy his joyas much as the letting it alone •.

2 z. Beyond this the Bi!hop hath no authority ttl command what he call

perfuade by argument, he is to take care it be well and wifely, to the glory of :God and the good of his Church, to the edification of all men that are

, inter~ed, and the fpeeial comfort and fupport of the weak. The fum me

I Thcll31,4' of which power is excellmt[y fnmrn'd up.by S. Palll. For ye KnPI1I#lb4 ""hand 6. C J,. ,/ tl. oT1l1f!an emem~ #Ie glwe YOII hyrhe Lora ff41H. For this iuhe #lill s) Go,

t~e1I.ydlJr/an8i(ic~tioll: 'Th4t,eabjlJlin/roltJ fornication .... that 1101111.6 fkfo:lllI. a hI! BrotJ,er. In thefe things the fpiritu.3. r power is. proper and comp~en[. But the Ap0!1:1e addes.. He thertfore thllt aefiiJeth, dt{pi(ltb_ IfOt 11Ja~'bNt Cod; wko h4th 4l(o givUJ 114 hi/hoI, Spirit. That is, In tlio(ethl~S which arc·cert~mly thefaws of Godthe Bi!hop is ttl rule inrirely accordisg t?·~he po~er g~v.en him. But becaufe Godharh not ondy given hisauthomy_; but his Ipirir too, thatisj he hath given him wifdome.as well as !>Ower, l~ cannot be: fuppof~d to be for nothing: whatever he wifely, orders, [hat III of neceffary relation [0 . the exprcffe command of God; or IS f~ re., quifire

G:::::;·~HA-P-04-.-· ----;-in'c,~li~iitJ-n-s-tl-ndT,C;Pe-nfi7u-re-s.-- ~----2-)-f qnifitefOrthe doiiLi of i~,--i;h~~~caq~ot9q;W~U ~dq-ri~; ~it!~ut it-by;ny oth~r.jnftrut1lent; nOF ~~It (el(alone_~n ~b,IS/;t:is to ~~,f)lppofed tb:lt!he

fpiritof government WllIChG,Ju,hath given to his Cburcli will fufficieotly

allift, and therefore, d~es compet~tly ob1ig~ ;·!elf~, t11e~ri9is the SpirItoI' God,cannot be fuppos d to dO~,Iflt does ~qything b.~ade giving znd re-

vellmg the esprefle commandement and necelliry duty. ..

IJ"Beyond t~eCelhict and clofe lIiearu_r~s',~i~eis,no d9Ubtbut theSpirit of God does give alIi!1:ance: as the great experience of the Church, and the effeCts of government, and the wife rules of conduct, and the ufefull Canons, and the decent Ceremonies, and the;folemn rites, and the glorifications of. God confequent t~ all this doe abundantly tellify. But yet bey?nd thl~, the Bifhops can directly give no laws that. pr~perly and imme, diately bifid thetranCgreffors under fin: andimy reafons are Ih&, ' .'

",. r, Becaufe we never find the Apo!1:l~s uling their Coercion upon 3ny

man ~ut the expreffe breakers of a Divine Commandement, Or the publick dlll:urbe" of the peace of the Church and the eftablifh'd neceffary

order. .. _. ,.. .. .

:~. .. 2. Becaufe even ~n ,thof~ things which were fo convenient that they had 2 power to ,make lDJunchoris, yet the Apoftles were very backward to

ofe ~helr authority of cl.lmm~nding \ much lefle w,ould they ufe feverity, but,mtreaty, It was S, P.~11l scale to phrlemon before mention'd , Though .,

Ilntgl1t be mu,h bold m Chrifl to enJoy» that whIch is conveni01t;yct for love's Pl".,mon a,». f~ke I rather mtreat thee.

:6,. 3. In thole things ~v~e~e .~od had; }nmpos'd no Command, though the rule theytave contain d 10 It that whichwas fit and decent, yet if, men would refi~,they gently did admonifh or reprove them.and let them alone So s. Pallil? cafe of the corinthian men wearing long haire, 1/ any m4J1lift to be .COI1tCntlo~, we hiwe no {llch cllj/ome, nor the chHrchu of Goa: that is, le.thlmchuf~, It IS not well <lone, we leave him to his own liberty,'but Jet

him look to It. '

17, 4. If the Bifhops power were extended further, it mizht extend to

Tyr~Dny, and there could be no limits beyond this ptercrib'd~ to keep him wllrun the meafures and [..weetneffe of the government Evangelical: but if he pretend a Divine authority to goe further, he can be nbfolute and Iiipreme in things of this lifewhieh doe not concern the Spirit and fo fall into D1nafiy? as one 3,nCiently complain'd?f the Bi010P of }lome, ~nd change the Father into a Prznu, and the church into an Empire.

18., But this: hinders not hut tha~ the power of fpiritual Rulers may yet

extend to ~ further ~fe~ notby a dlrea: power of command, or of giving laws, but by all ,the Indirect and collateral ways of obligation, as of fame, conf~nt,~eputatl0n of the ~an,the reeerence of his perfon.and the opinion of. his wifedome and fanctlty, by voluntary CilbmilIionjand for the avoiding fcan~al: when any of there caufes of aCtion or inftruments of obligation doe Jnt~rven~, tbe Bithop does not directly bind,but the people are bound: and their obligation from all thefe principles are reduc'd to tWO heads. The mAiler of Jcandal; in which cafe, under pain of fin they muft obey in ill

V 3 lawfllll

Of the Power of the Church

. BOOK HI.

lawfull things, y.rheit by accident 3I\d th~ cott¢~fe of en\ergen~ clufcs it is Icandalous eo difobey, And the other IS, 'Ibm 011111 tD1Jfellt; for however it be procuc'd fairly, if they once have confented, they are become a law unto themfelves,ahd Co they remain till this law fuffers diminution as otker laws doe that die: of which I am afterwards to give account.

There is one way more by which Ecslefiaflical laws doebind ; but this is the: matter of the next RUle.

Ru LE V.

When the Canons or Rules ~t Ecde1iaftical Rulers are confirmed by the Iupreme Civil power, they oblige the Confcience by a double obligation.

I. TO' vOf49.sn.iv rlV"T~ 'TO';'. ~"'I1l?.a?"'., fay ~he Greek Lawyers. The PDIm

of making laws,.vlz~of dete:mlmng things not co~mande~ by God,or of pnniihing prevarications agamLl ~ods ~aws or t~el~ own, 14 g~4IIutl II Kings. ADd therefore as fecular Pnncesdid ufe to mdlC1: or permit the indiction of Synods of Bilhops , fo when they faw caufe, they confirm'd the fentences of Bifhops and pafs'd them into .la~v~ -. Before. the Princes were Chriftian.the Church was governed by their (plntual guides, w ~o had allthority from God in all that was neceflary, and of great convemency next to neceffity ; and in other things they had it from the people,.from neceffity and from good will, by hope and fear, by the Ienfe of their own needs, and the comfort of their own advantages. It was peplIltit vD/unI4rilll, the people came mth free-will-offerings, and were at firft govern'd by love as much as now they need co be by ~ear ~d Iinart, But. God ~s never wanting. to his Chnrch,but made prov I~on~ In ~~1 ~afes and ID all times. Of that which was necelfary ChrlLlleft IR his Mloltl:ers a power of government: and in that which was not primely neceffary, but emergently and contingently came to be ufeful and fit, he onely le~_in his ~iniLlers a pow~ to perf wade s but he gave them an excellent Ipirir of wl~e~ome aad holiRelfe by which they did prevail, and to the people the fptrl~ of lov.e and obedience: 3n4 thefc together were ftrcngth fllOUgh to reflrain the dtfobedrent, For as in the Creation there Was Light before the Sun, that we might learn that the SUD was not the foantain of Iig~t1 bot God : f~ t~ere was agoverttmeot illtM: Church even before the Princes were ChrlLllam, that the fhpport and ornamem of Gods Church might be owned as an ef· flux: of the Divine power, and not th~ kindndfe of Princes. But yet as when the Light was gathered and put Illto the body of the Son, we afterwards deriv'd our li<>ht from him, and accocathim the Prince of all the bodies of light: fo when the government external of all things was drawn into the hands ot ,Princes becoming Chritl:ians, to them the Church owes the heat and the w~rtnth, the .iight and the [plendor, the life of htr laws, and the being'of aU hergr<:audYantag6 of maintenance and goverll' ment, At brft the Church Was indeed in the Commoa-wealth, but was reckoned no part. of. it, buns enemies and outlaws, 'Were perfecuted witb intolerable violtnC'e ~ bUt when the ·Pr.i ... ces of the Common-wealth'l»

came:

------:'-=:-~-;------. -------

came fervants of ChriLl, they were alfo nurfes of the Church, and then it became a principal parr of the Republick, and was car'd for by aU her laws.

,

For jhis firft way was not like to laLllollg I fC)r good manners Icon

~. corrupt, and a precarious 'authority, though wife and hOly, ufeful and con. feared to, was not ftabJe as thefirmameru of laws that could compel: and yet it became neceilary ~Y ne~ introdo.c'd necellities .that there !b0uld he rales and meafures given In things rela.tmg to the Church,concermng which God himfelf had given aocommandemene ; as cOJICerning· orderia Synods and conventions Ecclefiafhcal, the <iiviGoa of Ecclefiaflical charges, the appointment of nn~er-.lJlinitl:eries ia the·Fhurc.h, ~he difpenfation of revenues, the determinarien of caufes and dlfliCIIJ.tles In manners of :lpeaking or alling, and whatfoever was not matter of faith or a Divine Commandment : in 40 thM new necellities did every day ariee, and the people were weary of obeying, and the Prelates might prefle too hard ill their governing, or might be fuppos'd to doe (0 when they did ,not, and the peoples Ivearinelfe might make them complain of an eaey lead ~ and it was not poflible well to govern long by. the confenr of the people who are to be governed. I~ pleaCed God to ~al_Ce up a help that Ihould h?J.d-fur~ver, and when the Princes became Chriflian and reek care of alltflls, that is, -of all the external regiment of the Church, of all that was not of fpiritualnature and. immedia.te aeceflary relation to it, the,:,- the Ecclefiafhcal laws were advifed by Bifhops and commanded h¥ ',Kmgs ; they were hut Rules and Canons in the hands of the Ipirieual order, but laws madebythefecular power. And now thefe things are not quefkions of the power of the Clergy, but a matter of obedlenceto Kings and Princes,

,

l' Thefe Canons before the Princes were Chriflian Were no laws further

then the people did conrent ; and therefore nolle but the men of goo.i.will,

the pious and the religiolls children of the Church did obey: but now that

Princes have fct the Crofle upon their Imperial globes and fcepters, eJ.'eR

the wicked mull obey I allare tied by all manner of ties, and all can he

compelled that need it. Thefe EcdefiaLlicallaws Io eftabJifhed the Greeks

Clll c.t"",*/{5''''''' ,s."7t"if1'IIJ1o_, Xpu..;,g.Mcc., JU.fv."", "";',,,u.uoJ','f!l.; ~'P ... ',

Of,,> EdIth, orders, 1I11d golden buUs,comrnlfllding or milking ist» .l4RJslhe

fenlmee! 4nd rults of S1110ds. The ~ifJa4 .... ,that's the elfetl:andpr.odu-

~iOD of Bilhops in their conventions I that is, they have jus prOIlU1l&i411di

,id fanlfll711,quid no",' flight of :prrmDlI1Icmg IIIb4tiU for oldl gJ", .tnd the

inureJl! of rdigion, dnd wh4t "gt:but the ~ xlip(!j. ~ '" xej,rr(j..,tbt4fablijh.

IDe", 411a.1he .&tmJmrmd belong to Princes. The Synod hath a xeJ .. " ·Qr,ll

right gf judgiNg. but the ~"" or ,cl'1l/irmmioll or it ;nGO a law: iJel0ugs

to the Civil power. So we find in :Q Syoodal Epiftle ilk .on .tvtlim4.

rpjfr4pis II fwMttrQ}rlli,2t.ipifim 'JJ! ·!II,ilJllv~.,of4.;Q' ;~, "lUIodUx~..y sm-

XfJtr .. ~iIt .. ",><iI~, Jo- ifo.b ctbi*!.'lU1ms b"thJiN. f,unddDlIe,tbe

~ or i"i1ge"""t of 4 .Sy,ml., !Jilt· r!liJl1U Ii "'r .jtcr-jlldge_tit tht

KiWg. To thtfamefCafearerltofewmds O~fJit,.t(!!:f,a.(apPlielho.t JHi· ~sCmoDs,:md~~~ totiheKiingdidilSl: npOn'lAem; andihere- •. II C lOre the Emperocs anti Princes 1\'et'e (aid ~f1'~')i!~sw _ --ec#-, It", .: ~. 'r. onpl/t the foal of tbeir 4uthority to the dams of the Fathers t. t Vidl chIpr.

!. ",ul. 8.

iF. ,.-.r hujUJ lilo,i.

, or it was never known 1R the Primitive .... hurch that ever any Ec-

c1efiaLlicallaw did oblige the Catholick Church unlefle the fecular Prince

V 4 Qi«

Of the TOrPer oj the Church

BOOK HI.

2.~6

did eftablifu it. The Nicene Canons became laws by the ~efcript of the Em eror Conft"ntine, fays Sozomen. He wrote an Epiflle and c,om· ma!ded that all Churches Ihould keep Ealler by the Canon ~f the Nlccnt Fathers, and made it capital to kec,~ a~y of the books of AWM. ,. When the Council of Conftltnt;nDple was finifh d the Fathers wrote to the Emperor '1'heodofill4 and petition'd lit ediaD Pietat;s tu~ ctn rmertlr Synodl fenrentia, thafhewo;ldhe ple4edtDConJirm the /tntell&e 0 the COlmcil ~y hisBJifi .. ut quemadmDdum literis q~ihm nos votabas E:,le lam honouJft, Ita etMm decra« cilmmUn;"f14 fuffragm tandem faa4 JiglOo tUD eMfirmes, The Emperor had done them favour and honour in calling them together, and ther petltioned he would, alfo confirm what they bad agreed upon, and by hIS feal make it authentic. The confirmation of the Canons and Decrees of the great Ephefin Council by the Emperor is to be feen at the end of the Mis of the Synod: and Marcian the Emperor wrote to PalladtlM his Prefe,a: a letter in which he teftifies that he, made the Decrees of the Council of chaludoll to become laws. For having forbidden any perfon to make af· femblies and orations- of religion in publick,he addes this rea,fon,NallI & in· iurillm facit revtrmdilim~ Synodt judicio, fi qUM pmel Jlldlcata 4cruie diffofita re-uol-utre & puhlice di[putare contendmt ; cum Cd quit IIUTZ' de cbrz· f!iana fide ~ Sacerdotihus qui, chalcedone c~nvenerunr per noftra pwepta flatutll funt, &c. ,For he dot! "'Jury to the ,Judgement ~f th~ moft reverend sYliod if he foall unTAvel 4l1ddi[putt the thmgs whIch were there Judzed and rightlj difpored ; finee thofo thmg! appointed by the Bifoops met at ~halcedon cmctrlfillg Chriftian falt~ were commande~ "y 1M,; or were 4F.polnted by our Commalldement .... Nam I1l contt,!,ptores hllJNS legu pl1ln4 non iftmt, ~ They that defpife this law Ihall be puniihed, Thu5 alfo the Fathers of ne fifth General Synod petition' J 1ufl~lIiall to confirm and efrabhfu their Canons_ into alaw, in the fa_me form which was Cent to Th~otUf.u: by the Blthop,sot

·Vid, Concil. the General Council at COIfPllntl1lople before mention d. The fame Prince Telet.6. alfo publifhed a Novel in Which he commands vim legum obtl~m lcc/cfia· flieos Canones a quatttor Synodi!, Nicena, Conflantinopolitana pTtFla, Epbe{lna prima & chalcedonmft expofitos & confirm4t6S; that ~ll the laws which were made or confirm'd by the four lirft General Councils fhould nave the force of laws: that is, all their own Canons and rhofe of Allcyra, Gang", ,Antioch & Laodicea,which were then adopted into the Code of the Ilniverfal Church, though they were but Provincial in their original,

5. So that now UPOQ this account the Ecclefiafticallaws are 3S obligat~

ry to the confcience as thofe which are made in a Civil matte~ ; and there IS no difference but in the matter onely : but for that there Will be fome advantage; for as the Civil powe~ hath aut~ori~ in Ecc!efiafric:t! matters, Io the fpiritoal power hath a fuar~ 10 the ~egIflative : the matter IS handled bYf the Ecclefiallics, and the law IS efrablifhed by the Iecular, And rhereforei it be thouzht that thecosnifacce of thefe things is not proper for [ecul~rs, rhofe that"think fo may b~ fatisfied that the Bifhops have _jDdg~d the thlDg already; and they that think the Bifhops have no powc:r ot. maklOg~hh ~~, may learn to obey, becaule the Prince hath by his leglflatlve ~ftabh! e It. So one hand helps another, and both are lift up to God, but will fall heavy upon the difobedient,

p.

in CarlonI ttnd Cenfore.f. ,

~.~. of C B N S DR B s EcdcfialhcaI.

1 have given the general mcafures of the Legillative, power qf the Ec.:. c1e1iaftical ll:ate: next to this I am tQ',Fcount concerning cheir Coercitive §. '. and then return to the inq~!rles after the moore p~rti~ular fubjetls of this power §.3. and their particular laws and their obligaticns upon

the confcience in external order ~. 1[-. and in matters of faith §. 5. ' ,

Ru LE VI.

Kings and Princes are by the-ties of Religion,not of power, oblig'd to keep the laws of the Church.

I'T' Ite laws of the Church I have already divided into fuch which fhe

makes by a Divine authority, Iuch which concern our elfential duty, in which Ihe hath power to command and rulein her appointed manner; and into thofe which are external.political and contingent, fuch which Princes if they pleafe make up i_~to laws, but the ~~iritual po~er cannot.' In the firft fort) Kings and Princes are asmuch tied to obedience as the meanell:

Chriftian fubje~. For the King, though he be fupreme in government Political, yet his foul is of Chrifts fold, and to be conducted by a proper Ihepherd. It is no contradiction tbat, the' fame perfon fuo, uld be fupren1e, and yet obey in another regard in which he is not fupreme, The Cip,tiin: that fights in a Ihip commands the fouldiers in chief, but him (elf 6b~ye$ the Maftfr ; and the Cafety of the Iouldiers.depends upon them bcit~: f()i: they are difrin~ po":ers in order to ~ifrina: ~urpofeS. , ,For Kin~s. ni~li give an account for.Blfhops t~a,t they live well in the political capacity, and Bilhops for Kings 10 their fpmtual; and therefore they mull: obey each 0- ther: andwe find that perf ODS of great~rrhon6ur in the days of peace, r~ve under Captains and Generals in the time of warre , and when The"!ffiUl',an excellent Philofopher, who f,r\l;m.!Jis cha~ did rule at¥l di~.ate Wife thinzs and give laws to the undera~lngs of hiS Auditors, and was admir'd byllis Prince, was?y the Emperorq~njf4I1til(4ad~a~c~~ 'tQ ii~refcaure, in ali excellent Epigram he fays to. hlmfdf"NWJ"'Gto~n.s: >(9o'lRl. ~,rkr ... " x.ct.TI{6n" N_ow. afc_m~ aO"flJI14rds,lor, thou hAft already defqlld~d .pIll4rth. The fame dIgnity IS above and below m feveral regards. But 10 this there is Mdifficulty, becaufe the fouls of Princes are of equal regard, and UDder the fame laws Of Gqd, and to be, cleans'dand nouriia'd by the, Came Sacraments) and tied to the fame duty by the Commandements of God as any of the people ;in this there is no difference.

. "r_. •

l", But in matters not ofn~~1rary dutY.,not exprelfeiy required by Gois law and thenecelfary, unavoidable, immediate confequents of it, there beingnolaws but what themfelves have made, they are no otherwife ,obug'd then by their own civil laws, of, wbich I have already given account. 'This thin" isparticularlyno+ed~y Batf"~o upon the I6thCanon,of the Council of CATfba.'{e, who affirms that by the reafon of the power glv~n to.

. 'Prince;

Of the pODler of the Church

BooKlII.

Princes from God they a~e ~ubjed neither to their laws nor Canons. And of this latter he gives this IRft~oce, That althopg~ by the x I,Ith Canon of the Council of ch#lwJo1l It was. decreed that nq, city lhou,ld for the future acquire the title of a MetropolJl ; yet after thls:fu{ltntllnta. prim. was made an ArchiepiCcoral fe:lt and had ~etr<wolit!cal righ.t', ~o the diminution of the: formernghts of ,!heff41ollt&A: but Jjal{ilm, ~Ilft~nces in divers others. There was an ancient Canon of greatcelebnty 10 the Church that c:vc:ry..citylhould ,have a proper Bilhop : but the Bi~opsof I{a.To/Ilk and Tolma befides their own, had others I fo had the: Bdhops o( Li&~(idJ and of Bath in Englalld:thc:y had other cities under their jurisdil!lion which bad noBilhops in propriety. For if Kings did give limit to their Die. cefcs. t~ey might divide: again, and give a new limit; ftnce,it i~ aoe in Ki~s as ius m people. The power that goes from the people IS like water Ilipt from their hands, it returns no more, and does DOt abide in the firll: place of it's efflux; but when an at!: of power pa~es fro~ [,he ,K!ng, a~y deputation or trull:, any atl: of grace or delegation of JUrlsdldlon, It is like heat palling from the fire, it warms abroad, but the heat Il:ill dwells at home. It is no more the ldfe, then the Sun is for the' emifiioo ofit's beams of light.

3. And this is apparent in all the privileges and concellions made to the

Church, which are as revocable as their duty is alterable. For Princes are fo far from being oblig'd to perpetoate fuch rights which themfc1ves have indulg'd, that it is a rul'd care, and the Greek Fathers fometimes make ole

L,u"clav. B~- of it to this very purpofe, 0 .I''''pnor£l4u~ ~ruV,£"., ciX"e,<~ ""'ffp..nm ""'" ;"o)'G-, a.Vu....,..'a.~i' .. luJ .I'""sa.v, If" King blllh givell a gift, h~ mA, YUII it ill '4e the bene}eiary pmlt! ingr.tifuO. The fame with that in toe feudallaws of the LombArds, Feu .. ", Amittit qui feudu", foie»s illpci4t#r. If he wittingly denies the fee, or refufes homage, he loofes it. But this depends npon the reafons of the {«ond Rule in the third Ch:lpter of this Book.

Annal 3'

4. lIut althouzh in {hia: ri&ht the Kings laws oblige him not, yet be-

canfe de bonll & 'h.tl4bili he is 1D the fenfes above explicated obJig'd to his civil laws, therefore much more is he tied to the obfervadcns and CWODS of the Chorch,as bcidg fpc:cifiCitions of religion, inftances 01 love to God, fignifications of fome internal duty, or outer guards to piety, gmt examples to the people, and honours to the Churcb of Chrill, 'and tbat whl~ above all external things will enable the Rulers and guides of fouls to render their account with joy; and the King Ihallnever fo well promote the

-interefts of religion by any thing, as by being himfelf fubjet!: to the religion i for who will murmure at thofe laws which the King himfelf weares in a phyladery upon his forehead and his wrifls ~ Fame rem civtl fl#Dl prillceps optimus faciendo JDm ; &lJmque fit imperio Maximus, exeinpll ",ajor eft, [aid YtOtills PattTCu/us. This is mod of all true in religion, whofe laws look too like policy when they are ell:abliilied onely by penalties, . but they arc accounted religion when they are made facred by example. To which purpofeis that of Ta,;t.!; obftquilJ",-inPr;lIcip"!'& If1IIulll1ldi am" ",alii/iDra q84m PlZ1I4 e« legiblld. It is duty to our Prm~c, and it is our honour to imitate the example of the Prince; and thefe pre~ vail more then penalties. Hac en;", coll{/;till!riIlCip""" .tq.ieq.iJ !Ilriant. prati/ere 'VideA»tur, fays f2.!,1Itilialf. Their example is the aet,llaw. S:

I.

D«lam, ~,

CHAP.4. in {)monI and Cen(ureI. 239

-~---

Sic "tit.r cellfura. &- fie extmpt,; !IIralltur,

Si :fuiJex, alios quod jH{,et, ipfo fdeit.

So laws and judgetnents'ar;td good manners are beft eftabHihed, WIlen by the examples of Kings and fupreme Judges they are made Iscred,

Adde to this, that the-laws of religion have l11oil:of them the warrantyof fo"?einternal graceor other ;aird~te to be re~kotted in, the retinue ani! relmon, of that vertue,and therefore cannot I(J many mlbnces be broken without fome ftrall\ing of our duty to 'God, which is by the wifedome and choice of men determin'd in fuch ali inflance to fueh a fpecifica" tion. But this is to be underftood onely in fuch laws which are the 71'er f<'Aax.a.l outerguAra's .che eiie~cifes of internal religion, ~<i~ in the ~artnents and adornments of the relatives arid I!pp~i1dages of religIOn. If a Prince de(piCes theFeftiv~1 of the Church, noth~n~ bU,t :i.ro.rnpetenr rea_fon wi11 excu(e him from bemg or-at Jeaa from feeming Itreliglous. And 10 what[oever inftance he hath made or contented to laws pi' [,eliglon, if by them he can fuppofe the people may ferve and ple3fe God, hets much more oblig'd then they ~ not by the duty of obedience, for ne owes none; but by the vertue of religions for befides thar bis fo~1 mu~1ive or die by greater meafures and exactions of thofe vermes which bnng the people Unto heaven; every adion of his that deferves an ill report,' ii is but Jcanddl if! the IcRer people; but to him it is illfamy, For the: Kiiigs ECcutcheon is blazon'd otherwlfe then that of his (ubjel!ls : the Gentry by metals, the Nobility by precious ftones, but Kings by planets. For in a King there is

nothing moderate. csoere debet 'lIla/em famifm habeat, qui qllilleincUTIIJ11t JeCl,men,;, mlruerit, magnam habitllruseft, (aid Sen~ea. His fame, let it be good or

bad, it will certainly be very great,

, The Iumme is this: Kings are fo tied to their own Ecclefiaflical laws, I that they mull: take care they be not defpis'd by their example, that the re-

ligion defign'd by them be promoted, that that part of the Commonwealth which moft fecures to them obedience and peace.and procures .them the moll: and g~eateft blellings, be not difcouraged or dlfadvanrag'd : but they are not fo [led that everyad of omiffion is imputable to them, though it have no other caufe but the ufe of his liberty; for in this his duty differs from that of his fubjms : for obedience which the ftibjed owes is a part,of jullice, and rhathath no degrees, but conGll:s iu an indivifible pointwhcrt 'it can be pradis'd, and where it can be: underftood , for he is uniull: that does one act of injuflice, But religionhaeh a lstitude of lignification and inftauces, and 3. man may be very reijgious who yet dees not keep a Saints day where by obedience he is not bound; which is the cafe of Kings. Therefore what Seneca faid of the cares of Kin~s! ,qJay be faid .of the ntcmal obfervations of the laws of religion, Remiffu,. illiquAIIJoa,jimum "tbe~it, lIun'lJMm /lllItu"" He may remit fOlllething of the ftriCt. obtervauce, but he muft never' efteem hiinfelf~holly quit,

6, ,Bot this is to be underfloed ondy'in externals and rituals; conceniing which one Iaid excellently, PlerAque ex iis 1II4gis ad"I1DTe", quam Ad rflr! pertillUlt, They are nothin~ of the fubffanceof religion, bue ondy 3.pp,en> dages, and manner ancJ.ti!cumftanccs : and therefore; Silpitns .fu~lf,e4 tll1l'laam legibus i?r""non tATIqllArn diis g~AtA;Awife man will obferv. C: tit~al$

becau[c tfieyare: ~omm:i!lded by laws, not ~hat they arc pleafiag tp,God. .

They are the words of Seneca quoted by S; .Au.ft;». Since therefore there ljb,~, decivji"

\ ;lreDti.

Of the Power oj the Church

BOOK 111.

are wholly matter of obedience, Kings are free,. fave onely when they be. come bound collaterally and a£cldentally. But 10 matters of eflentia] duo ty,the King hath equally wit~ his fubj.eels. no liberty, but much more dired: duty,and many more accidental obligations. The whole aff3ire is well

'cDivinat. t. enough exprefs'd by Ci&erl,1l:eligioni paren"'''' eft: nee p"trillS 1ItDS COlltN. ",,,citer repudi",",us. The Prince muO: obey religion, and he muft not defpife the cuftomes and the manners of his Country; that is, in the better words of our Blefi"ed Saviour, Theft thillgs they ought to doe, ana nM [wholly] tD,luvt the other u1ldont.

? But the liberty of Pr inces in thefe Bcc1efiaftial laws of order, and

circumitance, and ritual obfervances is very apparent in the practice of the Hebrew Kings, who yet po1fefs'd this liberty, that even in the rituals of the Divine ordinance they Iometimes did .difpenfe. Thus DAvid eat the

Levi.:; 1· •• , thew-bread; ~nd ReuleiAh permitted fome rhas were unclean to eat the ~i~ "rqo. paifeover, otherwife then it was written: onely Hezeleiah prayed to God

~ Rot to impute it to thelll, and gave them way: and under his reigne the

Leuites did kill the facrilice twice, which was onely lawfull for the Priells L .. i" t, s. to doe. But it was a favourable cafe, becaufe the Priefts were but few, and ~;~o;~.'~;. the facrifices were very numerous: and if it be (as the Greek exprellion is) lawfull :t:tlIA4oru 'II .f a.xpr(&ei«< to loofe .. litle of the extlOllef[e of the rituals of the Divine appointment, it is certain where the man is the law~iver, he can much more ufe the liberty. But it is not good to doe all tlUt IS lawful!.

RULE V If.

It is not lawful for the Ecclefiaflical power to excom .. municate Chriftian Princes, or the Iupreme Civil power.

I. IN the fentence & pendtyof the lelfer excommunlcatlonas it is us'd in the

Church there are three portioas of evil. In one the BHbop is the au· , thor or minifter, in the other the people, and in the third the Prince. The firi is a denying to minifter the holy myfteries. The other is a withdrawing from the communion and converfation of fuch a perfon: which although it be done moft of all in the areater excommunication, yet it is done alfo in Iome proportion in theldfe, for emendation of the erring brother ;notfor extermination, as appeares in the Apoll:olical precept given to theCburch of Thtf{II{01liea, :t Thelfal. 3. v. 6, and v. 14. 15. And the !aft is, the fapervening temporal p.unilhments by which Princes nfe to verify. the juft fen· tences of the Church againft refraaary Criminals.

~. Concerning the laft, it is certain it wholly is owing to the power and

favour of the Priuce; who by that favour is n.o.foppos· d to lay viol~t hands upon himfelf. who if he did, could quicktf take them off agalR: however the Charch inllilts not them by her own authority, but by that of the Prince, who will not, like the tree ill the Fable, lend a frick to the

hatcher,

-

CHAP. 4.

in Canons and Cenfures.

hatchet. to be hewen down or hurt by it afterwards;

J. But then concerning t~ai: part which is inAi~edby the people, which

is abftinenee from the Iocleey of the offender till he repent and make amends and get hi5 pardon, it is infinitely certain the Church cannot inflict: [hat on Kings; becaufe it is deflructive of the duty which the people owe to their Prince, and of the rights which the Prince hath from God indeplll1dently from the religion.

4' Belides this,nothing ought to be done ~o the difhonour of the flipreme

power to whofe happy government fame IS almoft as neceflary as power: and th~ impoling upon them difgracefull penalties is "pilIH (&r.a.arpn,.,.itll, a nOle of dijho7Jotlr and b/afPhemy ; for t~ey are to efleem their King a; a heathen and a publican, {rom whofe foclety they are to eftrange themfelves as from a pefhlence, [nvifulII ftme! trincilem fa/, bene feu mal't fAaa premunt; faith TMitfl4 •. If he once fall into iuch a calamity and difhonour, Ivhether he doe well or iII afterwards, it [hall be evil to him.

I. And yet further; the power of affemblies and publick meetings is

wholly by the laws and permilIion of Kings; and nothing is more unreafonable then that any man fhould interdict Kings from publick meetings by whom himfelf hath leave to meet publickly. And therefore we find Imperial !aws making, pl'ovilia~s in this very particular; and fo far from being fubJeelto any rhlng of this nature, that the Emperors gave orders and ftriCl: meafures to the Bifhops when they Ihould, and whom they fhould or fhould not feparate from Churches and Communions; as is to be feen 1,3°. Cod. de EpiJc. & C/eri'iI and in the 12~. Novel of :}uj1inia'J. For even in thofe aiftlOns of Bifhops in which themfelves have liberty & Divine authority, yet the fupreme Civil power hath external jurifdidion, Thus M,*ritill4 the Emperor commanded GregDry the Grese, Bifhop of R,,,,e, to communicate with !John of conj1Alltinople ;.and anciently in FraMe the Princes were wont to compell the Clergy to officiate \ ~nd when the Pope had interdiifted the kin~dame of BngJa1lJ, the King compelled the Priefls and Biihops to open their Churches: fo it is in HoliAnd, and fo in renice j and fo in all places where Kings know their power and their inmeft and

their duty. . ,

6. For if excommunication be onely an a~ of caution and prudence, it

io my great prudence not to involve Kings in it, left they be provok'd by the evil ufsges of the Church; and if it be nothing elfe, certainly' ii: cannot be neceffary to be done at all. But ·ifit be an act of external jurif~iction, it derives from Kings, and therefore; they are not under it but.over It: for no coercion in the hands of man ought to tcuch thofe who are refcrv'd one1y for the [udgernenc of God. Aplld ftrtni!imupj Regr,;, DpliS tjlexbortatione/otius quam i1lmpati01le.conjilio qIl4m'pr.eceltil, dotlrinll fMAm virga, fai Rildebertus the Bifhop, i rrbeXing if 10 be exhorted, nOl ,,!rwed; coHnftOeti,nit commanded; And t,h,mnot II rod, but hOri1le;, to

'e .s'd : and ['110 Bilhopof chartres" faid the fame thing; Kin!jS if. they. Ii iit '1" abuf~ their power are not tobeprovok'd ;,but in cafe they refufCl;thjfJaa- r momtion of Bi,l)1ops, they are to be left tothe Divine .judgement ; 'where

,they wil! be. punifh'd the more. feverely, by ~!i)\V much they were the lelfc obnoxious to humane monitions. So GTlg'pr/lIs Turollenjis, Si til txcefTerilj

}C ~uil

Of the power of the Church

~-:----~

quis te corripiet ! st 4Mte"1Ulutri!,~ui! te .a.,.~tbit, niJi is qui Je promlll_ eiat efJe ~u.ftitiam ? He Ipake to KlOg Chtlpertc. If thou buff exorbitant, who Jbatlcmetl tb~t r If thou refufift, wh, .(!!a1l ,0nMmn ~hee, b,tr he onely who is the £'1JerI41tllg Rtghttoufl'ltf[t? F~r If S. PAul gave In charge to Timothy that each perfon ffiould receive an impreflionand emanation from the Pafloral charge according to his quality, and commanded that he Ihould

1 Tlmotb. 1.1. not rebukt an Elder, but intreat him If4 a Father; much leffe would he hare permitted any to have punilh'd the Father of the Country and his own fuperior, and him who is lelfe then none but God, and by whom himfelf can rule others in external aCtions, and who in thefe very adminillrations is Iiiperior, and can give laws, and inflic!l: penalties, and is judge and the remedy of all abufes.

BOOK Ill.

7. And if concerning this inquiry we confult the doCtrine and praCi:iees

of the Fathers in the Primitive and Ancient Churches, we lhall find that they never durfl think of excommunicating Kings. They had no power, Homii.4:d, .. no right to doe it. . NAm Sactrt:lotis tlln~um eft artum, & lihmm pr<t~lb".I[".VIJlftdre Ildmonifionem, faith S. chry{Bftom, Pmfts can onely repro'1Je lind d'''ue onnnum. Ifnd gi'1lt a free admonition: and therefore the firii fupreme Prince tha~

ever was excommunicated by a Bifhop, was Henry the Emperor by Pope Hildebrand.

8. But againft this that 1 fay now, the DoCl:ors of the Church of Rome

make a mighty out-cry, faying that Philip the fidl ChriO:ian Emperor was gufeb. lib. 6. excommunicate and thrull amongO: the penitents; that BabylAi the Bilhop ~h?'~!l J. of Alltiorh throil: the Emperor Deciu« with his hands againO: his breaft Gcn;c~ ., v. from the doors of the Church; that AthanafillS excommunicated the PreBalil: Ep. 41· feCl: of Libya,:md S. BAjil commanded in his Diocefe that he Ihould be a~~~~:: i,u;. voided ; that S. Ambrofe did excommunicate tfte Emperor Tbtodofrlll ; that l87, S. chryfoftD1iI forbad Eudoxia the Emperclfe to enter into the Church '1 hrod.lib.!. doors; that [nnoet"tius excommunicated ArcaailJl ; fo did Synejius to A,/~,':Aug. om.dronicllS the Prefcd:, S. Allffin to Boni(acius, Pope Symmllehus to AnaP4~1 d: vi"]obau. the Emperor, Pope Yigilius to TheoJora the Emprdfe, Gregory the fecond ~~~:;~!ll~~' to the Exarch, GregvJ the third to.Mo IfallTtIS. Intlances enough, if they 11'<.l4. be right and true; to Ihew that the Fathers were of another miad then the Au~. Erift. Rule pretends

~, 10 append. •

Gn:,;. Lib. 2.. Ep.36. Ana(bf. BibHoth. in Greg. 1.

9. .' Bnciathis heap I muO: feparatewhat is true and certain from what is falfeand uncertain, and give an an[wer to them, and the reO: will not trouble us. "The !lory of the Emperor philip is vehemently fufpe¢ted: but if it wer.e true yet it was lie excommunication, but his own fubmiffion to the dili:ipline of penitents; to which, faith Eufebi,u, he was perfuaded by the Bi\hop. " And the fame was the cafe of S. A",brofe to TheoJpfi#s: the

• lIimi, ";~': PritiCe' was per.fuaded to it, " but it was onely to doe his repentance after :';in~;h::~:~- the ~nnet of the penitents in thofe d~ys ; the Bifhop ~nely re[us'li to eel:" Jillm 'iu",Ruf- brace Hl,the prefence of the Emveror If he would IIOt give teflimony of hi. ~;~'/;b;f;;:;_ repentaace'towardsGcd, ~his the Emp:,"or ~id, became he was a g~o~ "",",/,[.£1''''. mao;, :and thmgs were then In fuch a conJunCtion, that there was noth~ •. ,. J, ",:'.1. amiffe! but that S. AmbroJe could not have-verified his power, if the Em" s- '.J ;·"1'11' peror had been IInlVilling,and the Emperor did doe more then was necelfa-

ry;'.Bllt S. Ambrofe faid thaebe had his warrant to ufe the Emperor fo,

. from

~~4_' _ ~ .... in Canons and Ce'1u;;-;' _ 243

from a vifion, .His w~rant was extraor~inary: for Ile had no ordinary---- -

power or commiflion, The excommunications of the PrefeCts byS •.

.AthaIl4I1f, S. Bafi~, S, .AHflin; Synejiui and Gregory the fecpnd doe not come hom.e ~o the IQqulry, becaufe the Prefet1:s were but fubjeCts and had not the pnvlle~e of fupreme Princes. "The faC!: of BabyllU to Decins was not excommumcanon. for DeeillS was a Heathen, and the Church hath nothing to Joe JV_lth them t~~t are without; but B.ihyl,u was zealous and fierce, !nd aCted with. the fpmt of a Martyr, to which he hafined by his fervor.

S: dryfoffom indeed did that to Eudoxi" which did not become him, and which ~e had leifure and caufe enough afterwards to repent: he did in anger what ~Imfelf 10 the fober hours of his life profeffed to be more then he could J.uftlfy. That of InnO&tlltius to Arcadills is of no credit and fo is that ot SymmachuJ to Anaffaftlls, as being onely feen in the Epiftles of the Popes of J/.pme; concerning which there is nothing certain but that very many of them are ce.rtainly fpurious. The pretended exc~mmunication of Theodor4 by VlgtltUS hath no teftimony, Contra Theodoram & Acephil.-

10i rlgi/J~s pronunci4vit d~m.nlllioRis ftlltentiam, faid Gregory. But this lib. " Ep. l~. was nOt~lOg but a condemninon or rejection of the herefy of the ACfphali

WIth which .lhe was partaker. And the like was the cafe of Leo Ifallrus. it

\~a5, [entmtta dam,nltort~,a condemnation of his opinion, called by ZO»4~as

.,,,,s,f{9- uWJol,l<.o,. But thefe things are onely pretended to make noifes

Pope Hlldebra»d was the firll that ever did any thing of this nature. as is

exprelfely affirmed by Authors of great credit,. by mho Frijingenfts,by

GD'lfrt~u! Vlterblcnjis,and by Ollllphrills, who counted all the otherpre-

tences either fabulous or to no purpofe,

10,. ° But yetthere is a third portion .of excommunication, which is a denyIre to adminiflerrhe holy Communion to Princes of a fcandalous and evil II e: and concermng th~s tl~ere is no quell:ion but the Bi010P not onelymay, burin fomecafe~ mull: coe it, Nolite dart fATlE1um canibus,faid Chrifi,Gi'1lt n,t that Which. /J .ho~y ~o dogs ; ~ni call not pearls before fwine. But this is no~ an aCt of Jur!fdlCl:!O~, pumlhmen: or c~ercion, but of charity to the Prince ~nd duty ID the Bifhop. Ins Jun as If a Phyfician [hould refuCe to give drink to an hydropic patient I. he m~y have it if. he. will ,?e willing to die, but If the: othe~ refufes his ml~lllery 10 the reaching It, he IS charitable and kind, not Imp~no~s an~ ufurping. For what[oever is in the Ecclefia- . filCal hand by DIVIDe righr.is as applicable to him that fits upon the throne as to him that fi.l~ upon the Dunghil, But then the refufing it mull be OIlely ~y admonition and caution, by fears and denunciations Evangelical, ~y ten1D~ him his unfimefle to communicate, and his danger if he doe: but If. after trus feparation by way of fentence and proper minillery the Prince IVIllbecommuD1cate~,.the Bifilop.~ath nothing elfe, to doe but to pray, ~hnd weep, and UDlyIUID~I.y tomIDllle,r. S. Gregory s cafe with M4uritills t.eEmperor was like ems. The Prince commanded him to be the minl~r t? hand an unlawful! EdiCl: to the Churches: the Bifhop told the :nnce, It ~as a finne which the ~rince. went about, prayed.tadmonifh'd, eclam d, did all that he could to hmd.er It, an~ then obeyed; that is, he

dl~~l1hecould to God, by ufing all his anthorny, the word ef his proper ffilDiftery, and then all that he owed to the Prince, by fubmitting his ex~fnal miniil:.ery to his comm~nd. The unlawfull ~rQda~ations and E.diCl:s b a true Prince may be publifhed by the Clergy 10 their fever al charges; Ut yet they IUUft not conceal from the people any thing of their duty, nor

. X 3 yet

Of the Po~er of the Church

Boo~ HI.

2.44

yet from their Prince ~hen th:y can dec1ar~ it, It was alfo the cafe of

I Sam. If. >5· Sdlll and S4mllcl. The KlOg defir d Stlmud to Joyn and communicate with him in the fervice of the Lord. He with the liberty of a Prophet refus'd at firft, and dec1ar'd the heinoufneffe of stluls fiane , but at !aft when the King's will was preRing and importunate, samuel did obey his' voice and did joyn with him. ['110 Bifhop of chartres tells that in fuch cafes where Princ~s will not comply ~ith the culto.mes and difciplines of the Church, the Bllhops mull: doe their duty by faymg, Nol~ te faUm ; ifltroitam hujMs 'IIifibilis Ecclefl.t pericul, t"o te habere permittB. :Januam regni cadeftir t.li rec~ncili4tione tivi "p"ire non 'IIaleo. Sr, [wiU not decei'llt )VII; at your peril be it if YOII wiD corne into the holy place to partake of holy myfltTies. I declare 10 YO", that this minifter1 [of the communion] is nn an] rmncibg of Y611 to God. I cannot doe that, unleffe you repent. But the rcafon of this is wholly upon this account, becaufe the Eccleliaftical flate hath no proper coercion by Divine right, but is a Minifier of the Divine coercion of fpiritual promifes and threarnings ; their power is Ipiritual and internal' it hath it's effort upon the fpirit, and not upon the outer man, and there: fore is to proceed by methods fitted to the Ipirir, that is, by reafonand argument, by the fear of God, and the terror of his tbreamings, by the love of God and the invitation of his promifes, But all the minifteries and compullions about the external is the gift and leave of Princes I and therefore it defcends.but afcends not,unleife they pleafe , [of which by and by.] AJmo,mi IJIiUem pofJunt, incrtp_ari, arglli .l Jifcretis oiris : qlli4 1]1111 chri'pUI in terris R~x Reg"m 'IIi{e f";' cmftitllit, damIJ4ndos 6- Jalvandol fu~ jNdicio reliquir; faid the Church of Litge in their Epiftle to P4chalis:

Kings may he admoniJbed and repro'll'd alld Arglled bJ di(cmt p"fons; hUI they "hom Chrift the King of Xings hAth ifPfohlfed t» he ~is vicers m unb, m intire!y to te left to his judgement.

Upon the likenefle of matter it is to be inquir'd

rr, Whether the guides of fouls have a proper and fpiritual power [0

enjoyn penances or Ecclefiaflical Iatisfadions to a Prince that hath linn'd publickly.

n, The anfwer to this depends upon the premiffes, For the Church

when fhe enjoyn'd pubJick fatisfattions, did feparare from the Communion thofe whom they thrufi into the place of pnblick penitents. Now if the Bithops may not feparate the Prince from the Communion, then neither impofe thofe penances to which that feparation did minifter: But this is one of the Cenfures of the Church, and part of that coercitive power which (he hath by the permiffion of Princes and the voluntary fubmiflion and confent of good people: And therefore it cannot be done, unlelfe the Prince pleafe, In the Primitive Church, when this difcipline was in godly ufe, none could be compelled to it, but by convidion in pablick, or private confefflon, and in both cafes their own content was either exprelfe or lmplied ; and therefore much Ieffe can this be done to the Iupreme power

ads Cod·~· n. whether he will or no. Impmlf6'i;, ,mflione p~nit(nfiam toUi,faid Balfam"

yR I Ancr- F th (.rffi . . . d I h' . d

ran" rom .e)1I "!ng penanus $11I~S ttre tJulue "7 t etr ". nointmg: an up. 0.0

rhofe words ot Da'lliJ. [Againjt thee ,nely ha'lle 1 finned] S. AlIlbroJe hacn this note, He WII4" King, h! lJIlI4 held hy nl Jaws, becanfe Kings are free from the bands of delinquents \ N!tjlle enimuUis ad plEnllm 'IIOWIfUT irgj, hHl tut] [ml,,;i poreftate, N,ith,r lITe they 6J allJ 14111S fAil J to penAn{f, be;,,!

fait

in CanonJ ilnd (cnjUrn.

f!f: by 'the pO"!f; of t~eir Emlirt; ~nd lirice the Primitive Church was inIiDitely rell:ralO d 10 Impoling publick penances on Bijhops, for the honour o~ their or~e~ and dignity of their p~rion', we [hall the lelfe Reed to doubt ot their oplOlOn or pradifes concernrng King.i.

Il. Bu.t ret we find. that fo~e excellent good Princes did fubmit to fuell

impolitlon of penances, and did abftain from the publick communions till they had given tC~lDl?ny (j~ their repentance toward God; So the Emper_or phdlf, 7TeY~WI!' Eml;],ipx>ior, he of his own willing mind plac'd himfell amongft the peru tents. So dl~ 'Theodofius under the difcipline and conduCt of S. Ambrofe. ~ut thefe things are b~t cauteloully [0 be drawn into example,and as. ~hey gIve no power to the Bifhop.fo very fe1dome doe they adv~ntag.~s t~ Kmg.s .. H~nry the E.mperor w~s a fad example of it, for his alfalres went into diminution, and his perfon into contempt arid his power ~n[Q pupillage as foon as ever he had done penance at canufill'm bar~-footed 19 a cold winter ,for three dayes together, and had endur'd the infoleney and fcorn of Hlldehrand. And when Kings rnadethemfelves lelfe, the Bilbops beel.me greater w~thout any good to the Church, but not without much detriment to religion,

I,., _But neither m."y Princes .be nprov'~ p"klicHy. For if he will not be obedient to the will of God ID the vOICe ot his miniflers publickly teachIng, or privatel y. admomlhmg,. and prudently reproving; he that goes about. to reprove hun publickly, intends by that meanes by fome indirdl: coercion to. COIl1~e1 him, el~her by {hame. or by fear; neither of which ought to be l_tI1pOS d by_a fubjed on the Prince, For it is [0 be oblerved that reproot IS a part?t. Empire and fuperiority, and differs not from teac.hlng, lave one1y that It IS mantis lingu.e, it is the h~nd of the tonglle" not the voice onely, He that reproves teaches onely mmors: and though Kinas are [0 in relped of. the conduct of their fouls, yet it rnuf] not be done ~d them but very. fp~nn$ly, becaufe it can very hardly be done without diminunon of their dignity ; and teach ina or declarins their duty will d their work for them if t.hey pleafe, al~!"if they doe "'not pleafe, he that r~: proves will doe the Prince no good, but he Ihall hurt himfelf, and !h.11 ~ot be a Martyr when he IS fminen. Let no man therefore pretend zeal tor God 10 excufe of. any_ bol~nelfe more then Prieftly towards Kings. For the wor k of God IS oftentimes better done by a gentle hand then by

allrong. '

_. -' -feragit tr~nqtlilill potef/IM

f2.!!od 'IIio/enta ",quit: mandataqrle fortius flrger

. Imperiof4tJuies-_- .

~nd If we efleem reproof unfeafouable where it is likely'we maydoe hurt,& \I here It IS not likely we Ihall doe zood, much more is not this courfe prudent to be us'd to Kings, who may "be provok'd by your unzentle Sermon or may.be hardened by your fire. For every Prince hath notihe gentlenelf~ ofAntlgoTIIIJ, patiently to hear himfelf revil'd: but if he had, yet it was but hlJCon that Antlgonus fpake when he bade the Souldiers if they would revile . m, to goe further off. And fuch men Ihould doe well to confider how 111 ~hemfelves ~vould. t~ke it if they were publickly in the Pulpit call'd fchlfma.tlCS or incendiaries, .. But how and if the people be as zealous as the Pnefr,_ and think it lawfull to call their King by all the names of reproach Which they hear in the fermons of the Miniflers ? And if the Bilhop

X 3 calls

Claud. in . raneg. M,Ilii.

Of the p~we!_1!he_C!!u~~h

----------------

calls a fpade a fpade, it is, very poffible the pwpleD!ay, doefo tOo,forthej

are foon taught [0 defplfe their rulers; and then It IS to heremembred what .AriftDtle fayes, co< 'lij ,x'"~eJlV.~.aa.l "",;v.'" ""'l'v.sa.. ~ x,"'tM,';", ... , If they once come to defpife their Prince.they will Icon uoc!aCp his royal Mantle.

15 It is true that'the Minilters.of religion are pellIJuds of the I1JJ/feriel

• of God and EmbafJ4dors for chriJI : and though I ~annot fay that they who upon this account think they have power pnblickly to reprove vitious Kinas and in plain language give: names eo their vices and publiih th~ir {ba~e: doe (,>v~cvalue their rugni,ty, for that cannot eaftly be done; yet I fay they ufe itincompetently and imprudently ~ for the effed: of this power and digruty IS not [0 upbraid, or to difgrace, but to edify lind doe good to all men according to their capacity: and therefore'S. Pllul, when he had declar'd hi 5 office and commillion to be Chri ll:' s Emb.O' AIi8r, he addes,as the full, expreffe and proper iffue of that power, we f"'Y 1DII i1J driJls JI'" to be reconciled to God.

BOOKllL

16. The old Prophets took liberty, and were bold i,n their reproofs, and

Amos 7.10. troubled Kings; and the people Iometirnes were Ilirred too much upon Iuch accounts: but when the Prophets were charged with [edition, they onely gave in anfwer the exprefle Comrnandement of God. And therefore

Amos 7, Il' it was that .Amos being very bold was bidden not to prophefy 'ny men At Berhel, becau(e it Wltl the Kings Chappel 4nd the Kings COllrt: and he was forc'd to plead a fpecial million 1 which the Priens had not, and therefore we doe not find that ever they us'd any Inch licence and freedome of reproof, except in fuch cafes in which they alfo became prophets; asit happened to :Jehoiada, z Chron.aa, z o.and that's the very cafe of the Minillers ol~ the Gofpel, who unlefle they had a Ipecial commillion, mull: teach accordin" to the duty and obedience, the genrleneffe and prudence of the rel~ion ; left it be faid to them as was faid by King .Amaziah to a bold man

> ebron. >!.- that Ipake openly to him, Have they made thee the Kings CDtlnfeUor? mft

16. thou, why foould they fmite thee? '

17. Now in this there can be the leffe doubt, for they miftake it thar[up-

pore this to be a queftion of duty , it is onely an inquiry after the manner of doing the duty: and therefore although for the former reafons this manner of doing their duty is not lit, yet ie is neceflary that the duty ihould be done. For mifor ep Imperat~r cui oer« reticmtur, No mifery is greater then that Kings lhall not be taught their duty. They mull: be taught it all: and in this no liberty, if it be prudently conducted, can become licentious. To whicheurpofe, the Bifhops and Minifters of religion mull: thus comport themfe1ves to Kings.

18. I, Let the publick doctrines be infhudive, but not apt to raife fufpi.

cion of the Prince. 2. Let it be in things certain and of evident and apparent duty. 3. Let no doarines be fitted to private interefls and partialities in the State. ~. Let 00 reproof of Kings be in Pulpits, for it is uncivil toward any ut qllM crimen alldiAt eo loco 1110 ufe/lend; COf;411011 fit, as the Roma" faid, that a man Ihculd be reprov d in that place where fOl re-

"' Malcdic c.r, verence and religion fake the man may not anfwer for hlmfelf And there: fore clement the third caus'd a Clergy-man to be punilb'd brcaure III.lttl

, - {oram

--.~'---

CHAl'A·

in Canons and CenfurC!.

-- __ ---------------

l'ramajiantihlH verba qll.J,m in deprejionem officii &bme#cHtJojiri r» t.lit he fpoke words in a publick audience tending to his difparagement :

and the Emperors TheoJo{ills,Arcadius and Honorius made a law,s; qui! mo- tir. C. Sl quls defot. nefcius, 6- plldorM ign"lIs , improbo petN/antique maledi{fo nomin4 Imp" md lI~ftr4 crediaerit lacefft1Jda, &c. That if ""Y man, !orgettiTl! fhame4nd 1110'

defly though; fittodifhonollrthe Emperors, ht jhollid not frelently be rnifo'd:

for if the man were 4 fDol or a light perron~ t?e thing WM 10 be deifis d; if he

wert /I mild man, he fllA4 to be pitted; if "'1M/OUS or angry, he mIght be for-

giveTI: but, ai noftram jcientiam referAtllr, lit ex ferfonis homifJIlm diilA

tITl[emus, 0: utr~", ,f'r4tm"i~ti lin e:cquiri tlekeAnt cenfwl1us" the Princes

wonld have It relerr d to their cognifance and Judgment whether fuch'per~ fonslhould bepunilh'd or no. 5. Let there be no doubtful Ipeeches in pub-

lick fermons fcatter'd amongft the people concerning Princes, for they are

publick fn/itions,not fermDns. 6. When,it is neceflary or when it is pr~-

dent that frivate addr~lfes to Pnnc~s be With a ~iletrdot41 trw/ome" !et It

be in cafes of great crimes, and evidently prov d and evidently VltIOUS, neitherderiv'd ti:om uncertain rumors of the people, nor from trifling fuf-

picions. nor yet be in matters of fecret concernment and undifcerned rea-

fon. A Prince may be reprov'd for notorious adultery, or evident murder

19ainll: the forms of law ; but not [0 ~r~ely in the quell:ions of warres or

judicature : f~r the Bllho,ps pnva,te opiruon may be warrant enough for

him to fpeak It when he IS requir d, but not to reprove a Prince upon pre"

tence of duty, and by a Ipiritual authority, when the matter of fact or the

quenion of right is uncertain.

Ru LE VlIl.

Ecclefiafiical Cenliires are to be inflicted by the content and concurrence of the fupreme civil power.

J.BY Ecclepajiical cenflms I mean the greater and ItO'a Excommunication,

This is a Ieparation of a Criminal (who is delated and conviel by witnelfes, or by aonfellion voluntary) from the peace and communion of the Church, till he hath by exterior fignes lignified his internal repentance: this is called the IeO'er excommunication. The gream is onely of refractary & delperare perfons,who will be fubjea to no difcipline,make no amends, return to no goodneffe, and forfake no (inne, Thefe the Church throws out from her bofome, and {bakes the fire from her lap, and quits her felf of the plague: and this is called the greater excommunication, or the ilnllthemil. Bllh thefe Art bOllnd by the Ecclepajiical power: but the firft is bound that he maybe purged of hisfins.the [econd,that the Church maybe purged of him. The firll: is bound as a man is tied fall that he may be cut of the frone ; the other is bound as a Criminal that is going to execution: he is bound that he may be thrown into outer darknefle. Not that the Church hath power to damne any man, but when Ihe obferves a man confirm'd in impiety, fhe does antedate the Divine judgment, and Iecures the foond members,aod tells what will befall him in the day of judgment. In the firfr cafe, the peA nitent is like a wandring fheep , in the fecond he is turn'd a goat or a woolf;,

X 4 and

--uj8 Of the Power 0/ the Church

--&o:"'--;b-y-t-"Oh-e:-ir-o-wn ads alfo as well as by.the power of the Keyes th~0-r~ b~th

bound: the lid!: confents to the Medicin.and.the reprobate hath by his own aCt incurr'd that death which the Church declares ; and both are aCts of difcipline,and di_redly or indiredI~ confequent to that power which thrift hath given to his Church of binding and loofing, and to the charge of the conduct of fouls.

BOOK Ill.

:1 Thefe two are by the fifth RomAII Synod under Symmachm dillin-

. guilh'd by the names of e.'(Communication (meaning the Ieffer) and inathr. m«, Be that breaks the decrees of this Synod, let him I.e depriv'd of th« COlllTJIIlfJion : but if he will not amend, allatbemAte feriatuT, let him be 4n~fhem~, The fame we find in the Synod of Turon, C,:15. which commands that all the curfes of the 108 [alias 109) Pfalm be cafl upon Church-robbers, III non foltlm excommunicali, fed etiam Imalhematizati mori.ntur; that they may die nOI,oneiy excommunicate. but anarhemalit1. The_y which arc ne-uer to be rtj!or d to the Communion, bur are to be sccurs d; fo AgdpellM exprefles it in his 6:h Epiflle, This is called eradicaliorl ; while the leifer

Hom. 10. in excommunicates arc: Ihll members of the Church,as S, Auflin notes, FI,I.loI.

3. there is yet a third fort of excommunication, brought in by zealand

partiality, a willingnefle to rule or to prevail; which is no pllrt of the power given by Chrifl, but taken up as it happen'd ; it is no part of J urifdidion fo much as improper, not lIlaa of the power of the Keyes: and that is a refuling to communicate with him who is not excommunicate, a punilbing one whom we have no power to punith,« doing that which we have no POIV' . er to doe at all, or to fuch a perf on over whom confeffedly we have no authority or jurifdidion, For when this humor was gOt into the manners

and cuflomes of the Church they made a new diflinction ; and there was a cornmJlnio cum jrafribm, and a communio cum omnibm Chrifliallis. He that might communicate with the people might not in Come cafes communicate with the Priefts and Bifhops his Brethren. The tliftinaion we find in the 45. Chapter of the Council of Allxerrt, and in purtuance of it we lind one Biiliop refuling to communicate with another.Thus if a Bifhop came not to

Can.xo. the Synod of his province it was decreed in the fifth Council of Carth,'ge,

IltEccieji£ (u£ communione debut eff! contcllfm, that he Jbould oneiy comllJuYiJec;ainfr .. nicate with his own DioCl~e, The like to which we find in the fecond CounlS. cap.placuir, -I' fl' C '1 f 6 d h C '1 f &c. fi quis au- CI 0 Ar es CIlII. 19. 10 t e. cunei o. Tarracon can. • ~ t e ounct a

tcm.S; "f' fi Agatho capd 5. Thus Eplpha1lita Bifhop and Metropolitan of Cyprm re: ~". Lp"'oP"" fus'd to communicate with the Bifhop of :Jerufdiem, who was not his fut-

fragan,

4 Concerning which way of proceeding, I. it is evident that there !s no authority in it, or any thing that is like to jurifdidion, and 2. fornetimes there may be duty, but 3. moll commonly there is danger. I. ~ Thcrels evidently no authority: for if the authority were comperent and the caure jufl, they might proceed to excommunication. But this was fometimes done by equals to equals, as by Bifhop to Buhop, by Church to Church, as by Vit10r to the Churches of AJiA, by Stephm to the Churches of Afma, and by angry or zealous Bilhops to them that were not of their humor or o~inion. _ Sometimes it was done by inferiors to their fuperior~ the peop!e withdrawing themfelves from their pallor ; [0 the Samofatem411s ref us d to communicate with their Bifhop that was tlrrufl IIpon them after the

- eNpullion

in Canon.f and Cen{ure.f.

expoHion?f I!lIfe~im. So that evidently in this matter there is no :!urho.--rity to venfy It.

:a, Sometimes there may be dutY::IS if a BiIlIOP be a heretic or an

S' open vitious perfon, his Brother that is a Bifhop may ufe that libercy co him as the people might doe to a Brother that walks diforderly; that is, withdraw from his fociery, tim he may be a{flam'd: and ifhis communicatipgwith him will give couatenance to his herefy, or offence to his people, he is bound then to abftain and to refuie it: and [0 is the people tied nee to communicate with their Priefl or Bifhop, if the condition of his communion be a fin, or the countenancing of a fin. And rhus we find in the Annals of SpAin, that a daughter of ~n Arrian King of Sf4in [ua:er'd ~eath rather then receive the Communion from the hands ot an Aman Bifhop, In her cafe her refufal was duty, and her ioffering was Martyrdome, becaure her Father impos'd his command of communicating with the heretical Bi!hop as a fecree allowance of the herefy, which in that cafe the was to refufe, and obey God unto the death.

6 But when this does accidentally become a matter of duty, the charity . of our communion is no further to be refus'd then we are oblig'd by our duty. we are not to refuCe it to .that perfon, but for that caufe, and therefore i~ other cafes & upon all other accounts we are tied to doe the charity of Chriftians. I will not communicate with a Roman Priefl in his worlhip ofimagcs,or in his manner of Praying for the dead.or invocation of Saints; but 1 may not refufe to fay the Lords Prayer and the CredQ with him, unldfe by chance it give offence to Iome weak uninlhueted perf on, I will not receive the Communion from the hands of him who was ordain'd by a Presbytery without a lIiiliop; becauie his ha~d is a dead hand, ~nd r,eaches me not king : but bm:u{e he it mJ Brother, I Will not refofe to give him the Communion if he will require it at my hand, which was made facred by the Holy Gholl invocated by ~he prayer a_od the li~ting up of the Bilhopi hand, I will not come to their Communions , but If they would ufe good formes of Liturgy, and preach well, 1 would not refufe to communicate ip fuch aflemblies i unleffe (as 1 iaid before) 1 be accidentally hindred by fome other duty drawing me off a while.

7 Butchen thirdly, when it is not an expreffe and a clear duty, it is al'lI'ayes a great danger, an occafion of fchifms and divifions in the Church, and confequentlymaybe an infinite breach of duty.a certain VIOlation of one venue for the uncertain prefervation of another : it is commonly the daugh:er of fpirit.ual pride, an accounting of our Ielves more. holy then o.ur Breihres whom by [uch meanes we of~enelmes' provoke to jealoufies and lndignati~n ; and fo fometimes altars are ereCleciagainll: alt~rs.' and Palpits turn te cock-pies, and Ieates of icorne.rs· and. of proud and illiterate declamations', Upon this account Chriftendome hath bled fo~ many ages. The divifion of the EaR; fJom the WeltMIt Churches, and In the Weft the divifion of RtmIt from divers Churches, the Prote{hnts andReformed,_ came in at this door ; while one Church either preteJlds the lingu!arity of truth, or the eminency of auehoriry over other Churches: by which two dungs the Church of R8me hath been au~hor of the perI1la(lcnt and- greatdt fchifms of Chriflendorne. For indeed little better can be expelied when tbe Keys of the Church,which were given for the letting in or lhuttiDgout

. of

Of the Po'Wtr oj the Church

BOOK IiI.

of lingle criminals or penitents refpeCtively, are us'd tooppofe multitudes A man may lock his. cham~er-door, bu~ he cannot put a lock upon th~ Ccnrr, Epil1:. Ocean: and It was wlfe1~ faid of S. Auftm, that to ~xcomm'micate a jin Ie ~.:~cn.l'l' ptrfvn cannot fIIake a rchifm, unle/Je the mutfllude favour him. intimatrna that a multitude is a dangerous thing to be involv'd in cenfur;s. TheK' "

nor the peopfe a,~ not to be ex~ommuni~4ttd, is an old Rule. For if ;h~ whole multitude be excommumc~te, with whom fhall we communicat~ ~ if great parts of them be, they plainly make a fchifm , if they unwdlingly [uffe~ the cenfure ~ and therefore that on.e Ch.urch fhould doe this [0 another IS very hardly pollible to ~e done with wI~edome, or charity, ornt'ceC. fity, For when S. Paul bad his flock to abflain from the fociety of fornicators.he told them he meant,it one!y in the final numbers of the Brethren w~e[:e,lt may be, one or two 10 a Diocefe or CIty of that religion might b~ criminal ~ for he would not have them to gge out of thc world to keep that Ca!l0n, and t.herefore meant not to involve the multitudes of fornicators which were 10 the world. But n~w he that excommunicates a Church, either does nothing at all, or he obliges everyone in thac Church to fepa. rate from thac multitude.and then jf he mull not goe out of the world he mull goe out of that Country, which no Ipiritual power can command and which the Apoftle never did intend, as appears ill his caution and th~ whole Oeconomy and reafon of that Canon.

S. ,Bu.t ~ am t,O a.dde chis alfo, That there is fcarce any cafe practicable in

which, 1~lt be IDdl,fferendy pe~mlt~ed to the people to feparate from the commumon?f their Iuperior, It Will not very quickly proceed to mifchief and becom~ intolerable , a remedy worfe then the difeafe, When NI.fl~rilll

~;.~~r~~~: had preach d thefe words, whoever ]ball fay that the rirgin Mary iJ the Mo. fiinum. ther of G_od, let him be aceurfed, the people had reafon to be offended; but they did III when they made a tumulc:for when the people are Ilirred,zeal is the worfl thing about them, Thus when the two Deacons of Pope Figililll were dlfpleafed With their Bifhop 10 the caufe of the three articles which the Pope had condemn'~ in the fift~General Council,they very pertly with. drew themfelves from his com mum on ; and the effect of it was that almoft all the Roman Church and divers other Weflern Churches did [0: and [0

Paulus Diacc a, did the people of Iftria to their Bifhops in the fame caufe and Io did many

d'gefr. Longob. • d h '1 r: '. .

lib'l, c. n, more . ~n t e evi grew 10 great, when everyone would as he pleas d With-

draw himfelf from the communion of their Bifhop or Priell:, that it was under great penalty forbidden by the eighth Synod the tenth Chapter.

9. . But this may be done in thefe following cafes.

. .r.· \Vhen the fuperior hath manifefily erred in faith, that is, in an 31'tl~le ofhis Creed, or a plain propofition of Scripture, or in an article eftablitbed or dedar' d ?y that authority which hath bound him and them

. equally,and In, which ~hey conceive no errol'. Thus the Priefls and peoTbeodorer, lib. pie of Conjlantznople withdrew themfelves from the communion of BUlIo- 4· c. '4· milM>.becaufe he erred in an article determined by the whole Church, and ~Ilabl!ilied by the laws of Emperors, and as they believed clearly declar'd In Scripture. But when Plalo the Monk withdrew himfelf from the comBaron. A. 0, munion of .Tar4st14 the Patriarch of Conftantinopl, becaufe he refus'd to

79S. excommunicate the Emperor, it was an infolence fit to be chafiis'd by the roil of Ecclefiaflical difcipline,

s, Priefts

~1'.4. in Canons and Cmforei,

--------~------~~-------------------

,0 ~fts may withdraw themfelves frO";l th~ e6mmu~ion of the,ir

. 1l'l11op and people from the communion of their Pnells,lO thmgs declar d b; law; to be againll the peace of God and the Church, when thefaCt is. evident and notorious. But this is not t? be done by fing~e perfons.but by the whole community: and the reafon IS, becaufe the fatt IS not evident, or not fcandalous to that degree as to deferve this canonical puaifhment, unlefi'e the congregation be offended, or the congregauon note It ; for though the Bifhop be more publick then any.fin.sle 1,'erfon, yet he is n~ more publick or .of more conc~!'nme~t then all ~IS Diocefe, Th:Ce part}-

culars th;!t is, this leave and this caution I have from ortgen, explicating m jnJo(u.Hom,~. what fenfe we are bound to cut off our right hand. Ego qui vide or fibi ma-

IfIil/fTe dexlrA, & presbyter nom/Mr, & 'lJerbum Dei 'Vldeor pr~icarl, fi 4ti-

uid centr« E.eclefiaflicam di[ciptiflam & Eo/angelii ,egulam geifero, ita ut

~41ldat"m lib; Ecdejia faciAm, in uno &o/lfmfu Eeetefia confPir4ns e-'<&idat

1/11 dexlr4m fHam, & projici4t ~ fo. If J t6at am thy right hand, lind prw' ,III Wbrd of God, doe Allylhing againf/ the di[ciplinc ~f GO's church and the rullof the Coffel, [0 that I givc ~ffepcc t~ the whole church, let the whole church confenting tegether ellt me off i",d throw me aRIdY.

110 3. But al~ this ~s to be underfi?od to be done by permillion.or a~t~o-

rily of the Prince, 10 cafe he Ihall interpofe, becaufe where pubhck divifions and breach of peace are in agitation, the Common-wealth is more concerned oftentimes then religion \ and therefore where the laws of God doe not intervene, the laws of the King mull, or the II' hole Ieparation is a fin. And therefore we find that when Gregory the firll,Bilhop of Rome, had thus refus'd to communicate With:1ohn BiplOP ofConjlAlltinople,he was commanded by the Emperor ]Ja"ritilll to communicate with him. And i[ is very fit that fiich heats and private judgm~nts amI ~U9U$, but unnecdfary, proceedings fhould be kept fromireonveniences by fuch pnblick perfons who are to cake care of peace and of the pu!>lick •. For if fuch Cepmnons be not neceffary, they are not laWful.; and If they be not the oaeIyway to avoid a fin, they are a ready way to commit one, For becaufe every mans caufe is right in his own eyes, when [neh heats as thefe happen between confident perfons, every man is judge in his own caufe land wha~ is like to be the event of fnch things; all the world can eafily imagine.

n, But now concerning thofe orhertweprojer kinds of excommunica-

tion, the greater and the leifer, they have the fame cOtlijdernion,if we mean them according as the Church nowgfe~them I that is,.if ~hey beimpos'd upon men againft their will. For as [Of the lefler excommunication, fo as it was us'd in the Primitive Church"llf)d {~ ~~he Church of .Brig- 14ndwifhes it were pow rel\or'd,when peni4lIl,ts~m~ ~MuJ,mtitted ehemfelves to the diiCiplined theChur(:h, aad had ~I!erci(e$, "lAtions IUIdpeJ)i~ tential times allotted to them, and ~~reA£i~f~~ds 'V~:cb'ij')y and C01l)~. r]~ reftor'd to the peace of the Churcb, It IS ~ m}IJ.I~ry. pj)M 'byconCent, _ without any evil, and no man hath to doe With it. But if ,the j:oofenr ofebe Criminal be not in it, the Bifhop cannot compel him; but the Bilhop a~d [he King can •. And·therefore w~ fiQ!i1,tba~:Jtb~·~tnp~9fun~de laws 1R. [his very .par,ticular; and :1P.jliDiatJ ill b!s 1·1!J Nwel, com1l)3Ilde~ J.b.a~ no Ecclc:ltallic :petfon Ihould' eI!COmfJllJl1l~~:glY ~;UlJlelf~ .~be 'lIlIr~ were firll approved, WhiehlJlwWlI& cm,nmell!\e4 Py t,*CpJ)g~l\ilf:rtVlf ulider LtlmiclAI'; lind by :1~hp. tht 8'b;wl:lo~PQG thA::a\l;tjJ9r~y of.;tj~

law

Of the Power of the Church

__ --------------

law inhibited fome :8i1hops from excommunicating one Bi.hmimu .---

13. By this I doe not mean to fay that the Ecclefiall:ical judge hath not

power to deny a Criminal the peace and communion of the Church b declaring him to be unworthy to communicate; but becaufe as the law; an~ :IS the cnflomes of the world are now, there is difgrace,and there is temporal.eyil .confequent to fuch .Ecclefi~fiica~ .feparations, the. Bifhop can be reflrain d 10 the atl:ual exercife of his Ipiritual authority, If there be any thing in it of temporal concernmenr,

BOOK HI.

Cap·l·

14. And therefore if the Bifhop did excommunicate any of the Princes

Iervants, or any whom the Prince had a mind to communicate and converfe wiehall, the cenfure was to be revers'd ; ut quod princip.li; pilt 111 rtcipit, nee 4 facerdotibus Dei 41ienum hAbeatur, as the Fathers of the I~'h Council of 'IDled, did decree; that what the piety of the Prince does receive, the Bifhops may not rejr:d:. For to avoid the company of any per-' fon is an effetl: of excommunication indeed, but not infeparable : and becaufe to converfe with any of his Cubje&s is a right of Kings that none of his Bilhops can devefl him of, the Bifhop can excommunicate no man without the Kings leave; that is, he cannot feparate him from the [ociety of the faithful. And therefore ['110 Bifhop of Chartres juftified himielf upon this account for converfing with one GervaJim that was excommunicate. Pro Regia enim honorificmtia hoc fui fnt1M authoritate lft.is, fi qUO! en/patOrtl11l, &c. I did it (faith he) relying upon t~e authority of the law, and for the honourable regard of the King, And this he advifes to others alfo in his 171 Epiflle r and S. Anftlmf,though he was extremely troubled with the Popes peevifh injundions oagainn the King of Englalld's right in the matter ofInveftitures,yet in hisEpiftletoPrior Ernlliph he gives leave th1t though he durft not byreafon of the Popes per Conal command to the contrary, yet they might communicate with rhofe whom the Pope had excommunicated for receiving Inveflirures from the King. Now although this appendage of excommunication, that is, abflention from the civil Iociety of the Criminal, is wholly Cubject to thelawes and power of Princes; yet the Ipiritual part of the excommunication, that is, a feparationfromthe communion by declaring fuch a perf on to be unworthy, and ufingto him the word of his proper H1iniftery,is fo wholly under the power of the Ecclefiall:ic order, that when the King commands that the compan)' of the excommunicate Ihould not be avoided, yet the man is not abfolved from his fentence in the Court of Confcience, but is bound to fatisfy the Churchs the han proceeded legally and canonically. The King can take off the temporal penalty, but not the Ipiritual obtigation ; that is, the man is not to demand the Sacrament till he be abfolved, If the King commands It, the Bithop mufl not deny his-external! minill:ery:but the-man fins that demands it, becaufehe communicates unworthily, rhac is, by a jult power, but n~t by a juftdifpofition. He mun repent of his crime before he can

come innocently, -

15. Por lt is tobe obferved rhat ln this affair one part.concerns rhe Cri-

minai, and another concerns the people. The Criminal is bound to abftain from the communion: that duty is incumbent updfthim, becaufe he 15 judg'd to be unworthy of it by that authority which he is bound to truft, in caCe there be! no apparent error. BDt to be thruft from civil fociety IS

not

Epifi.6l.

in Canons and CenJures.

riot directly any duty of his, but is incumbent on the people. Now though the Bilhop can in fome cafes advife this, yet in a Chriftian Common-wealth he cannot, without leave command it: and therefore the cenfure or judgment of the Church is to have effort upon the Confcience of the guilty, and this invades no mans right; it is for his good that is concerned, and is wholly a fpiritual power, and intrenches not upon the civil rigln of any man, much leffe upon the publick and fupresie power. • In the lefler excommunication, if the fubjetl:s be not voluntary, or be not CUbjetl:ed by him that hath the pOlVer over them, that is, the King, they cannot be compell'd by the Bilhop to any external ael: or abflennon, But if they doe themfelves fubmit, or are fubmitted by their fupreme, they are bound not onely to obey the. cenfure of the ~hurch? but themfelves to goe

away from company that know not of this calamity: as I have * already in- • _.

franc'd, Cbapr. e, •

• )(u\, ,. /'.U"1-

• 1)'

16. ,. The fenrence of the greater excommunication, though to be efli-

mated in many particulars by the former meafures, yet hath in it fomething of particular confideration, This is the great Anathema Maran~tha, the ·excilion of a man from the body of rhe Churcluwithout which body.whoIoever is in that maimer juflly feparare, there is no falvarion to himrand this the Church called by the name of anath(ma. Not that whenever the word anathema is us'd, the greater excommunication is li"nified . for it is very of teo us'd as an earnel1:exp~'effion of t.he diflike of' a thing: fo the Clergy of Edf{fa, when they purg d their Bifhop Ib,u of the Crimes ob-

jeered to him in t~e Council of cIlalcedon, they folernnly protefled they All. '" knew no evil of him, lI~athemat,z.,antes lIofmetipfos, & terribili lJhenn4 nD{mellffos obnoxlos f4Clmus, j nOVlmfU, anatliematizing _th(mfelves and txpDjing themfelva to the guilt of eternal ddmnation if they !tnew any filch thing_' Such anathem4t4 are denounc'd againfi facrilegious perf ODS in the donatives made to the Church: and thus divers Councils doe pronounce

~nAthemA to falfe propofitions, and fufliniall in the Code ufes the fame Cod. de '""\1T.' execration ag~inft certain herefies, Now to fuch an anathema as this all Trioi" i.per Cons can be Cubjeel:, Kings and Princes, Bifhops and Priefls, Multitudes

and lingle perfons, There is nothing confiderable in this, but that the caufe

begreae and worthy: for whoever he be that works abomination let him

be who he will, yet he is abominah/f, and Iha11 be feparared from ~he com-

munion of Saints in the day of the NfJJl :Jfrufalem.

.

17.. But the inquiry that remains is concerning' the great anathema or excluon of obflinate criminals from the body of the Church, which is the onely excommunication that Chrill: gave ill commiffion and warranty. For fo the Fathers expound thofe words of Chrul, But if he will not hear the Church, let hi'!1 be unto thu,u anhwhen and II publican; that is, not to be

cltee~'d for a Brother; ora.Chrifiian, ~aith S .. Greg~rl ; qseia mqlle injiuxllm in Pr~. 5. petMit a cap'te, nfque partlclpat de Spmtll Chrlf!t, faith S. Afljlin, he neither ~r;~~~~7' in

_ hJth any mjiMn.! from the hflfd, nor partaku of the Spirit of chrijl. This Iotue. • man the Church does not pray for, does not pray with, does not communi-

cate, does not hope well of ; he receives no affiftance and gifts of grace

from the holy Spirit of God: and S. :Julie fayes , his works are gone 10rth4nd unto judgement. ri4elim pmalor gravit & f;andlll~rm, ne»-

ruM, aut .!ccuratlls & conviflzJf he who H a grifvous and", fcandalolis {Innlr,lfotvriilur er con7Jitf, being-.prQv'd by Ihf Bifhop ;n the pllblie!t ~ff(mbli(!

y ~f

2.54 OJ thePollterofthe Church Boodll

------------~----~ ~~------~--------

of the chlJrch, if he wiD not be humbled, but ret1Mins incorrigible 4nd perft-

oeres in hi! fcandaloUl jirmes,tu11J anathemate feriendus eft, & a corpon E~cleJiIt feparandus, then he;' to be (mitten with the anathema, snd t» be feparated from the body of the Chllrch:fo S. Greg"y. To this there is nothin. elfe con[equent, but that the man, unleffe he. timely and mightily repent~

will be damned; and in the mean time that every man account him t~ be no Brother, and have no entercourfe with him, but as with. Turk or a Jew.

18. Now concerning this, he that is in Ecclefiaflical authority and hath

re~e!ved th.e holy order, hath this pow~r; and he that hath a ~hargec"n minifler this power: and Io long as nothing temporal and fecular is min<>led with it, the Bithop can doe it wholly by his fpiritual authority; and in ~his he. does nothing .dep~nd o~ the Iupreme Civil power, fave that he be permitred to exercife his Ipiritual office. For though it be true that anv Bi. Ihop can by the Civil power be hindred from miniftring in publick ailem- blies, for he may be banifhed or depos'd, and another put in his chlir or all his offices maybe fufpended qllQad exercitium d8Ns(as theSchools rp~Jk) fa that he may not exercife his power; yet a Bifhop that hath a fleck rhar' is permitted aCl:ually to doe what Chrift harh impower'd him to do; can by his own Iole authority infliCl: this fentence upon fcandalous and ~etractary, difcbedient and impenitent, rebellious and perfevering iinners: and if the Church could not doe this, fhe had not power fufficient to the ends of her delignation ; lhe were no body politic, but without govemmene and

Manb, 1 S. I!, power; and all that difcourfe of our Bletled Saviour in the I 8,h of S. MM- 16,17,.8. thew,and his commands of delaung refractary Criminals to the Church & the promifetoverify in heaven what they Ihall reject on earth,weteword~ lignifying nothing and of no effeCl:. But becaufe no wife man will imagine that it muft follow that the Ecc1efiaftic frate, they to whom Chrill: promifed to give the keyes of the Kingdome of heaven, they who are Stewards of the houlhold and difpenfers of the myfteries of the Gofpel, have this power fubjeCl:ed in themfelves independently from the Civil power, as they have a power to baptize.and to confecrare, and to ordain Minflers of religion; and they can no more be hindred from one then from the 0- ther. ; ~hey may d~ fallo, and t1~ey may by a competent power, bur if they be, It IS perfecution, That this Bilhop or that, that cyprian or SiJvrj/rr, t~at Val~rtllSor Augll{lint ihould?e rh.e ~an, is under the power of theCiyt1 M~glftrate ; but the man that IS per mitred to ufe the powers Chrif] put into his hand, can upon perfons fo difpofed pronounce God's 4ndthrma and the Churches.

ubilupra,

19· N.ow the rea[o~ of the difference why the Biihop cannot doe this in

the lefler exco~~un.lCat.lon~ and yet can in the greater, is this, becaufe the greatens of Divine inftitution, and the other is of humane never us'd but by confenr, or by a fuperinduc'd civil authority, and therefore muft frill depend upo~ the caufes of it's being. Adde to this, there is a precept annexed to this power: there is a double duty; the Bifhop is to feparate the vile from the preci.ous, the leprous from the found, and the people are to take heed of fuch Impure rmxtures, But in the lefler escommunications there I.llar paffibly be fo~ething ~f prud<.ll!ce; yet as there is no proper authonty m the Ecclefiaftical fupenor but \'hat is given him by confen~, fo there is no obligation or duty m the fubj.: X is well when tlieyfuhmlt

to

in Canons and-Cenfures.

to this difcipline, and goe to be cur' d ~y the puhlick hands even for every· malady; but they are not bound to this: but If they be delated or be notorious and great Criminals, here the Church is warranted by God to proceed to difcipline, and to reparation and exclfion of .the refraCtary. This onely hath effort upon the foul ; but the leffer excommunication is a difciplin~ of Eccltfia~ical inflitution , and fo is that denyin$ of communion to equals or fuperiors, and fo.is imgul~rity, and fo is reJIlJing to mention a name in our collects and publick or pnvate prayers, and fo is fllJPenjion and interdic1, degradation and depoJition : they are all of Ecc1efiaftical politive confti tution, no part of the power of the Keyes, nothina of Divine authority ; but are introduc'd by the c~nrent of Churches, a~d verilied by cuflome, confent and the laws of P~l1lCeS, and fo come accidtntally to pafle an obligation, but efleCt nothing direCl:ly upon the foul. That is a peculiarity of the greater excommunication: and that which ftands next to it is the lefler excommunication; which although it be hUm4f1f1111 inuentum and o.f pofitive inflitution, yet becaufe it is a part of the greater, and procee~s rn ~h.e fame way, upo~1~lfer caufes,~u~ to defignes of charity and edification, It 15 an ufe of the Ipiritual fword, It IS the lancinz of a fore but not the cuteing off a dead parr; but it may be admitted to be a confequenc

of the. power o~ binding or loo~~g, ao~ fo I ha~e alrea~y call'd it". For it. Numb. I. of IS a part of that intermedial momtion which Chnft hath 10 general commif- ,lU. R 1< • fionated his Minifte~s and guides of the Church to make. If an offendor u • Will not mend by pnvate, and by a more publick admonition teO # tp the

chllrch; then the Church is to doe Iomething when the fiub~rn criminal

i,sde1ated to her. The .Church muft try if he will repent upon her monition:

lor then the Bcclefiaflical Rulers are to exhort him into repentance to re-

prove.to correct, to doe what fpiritual ~athers ou~ht to doe: the particu-

lars of which becaufe they are not Ipecified by our Bleffed Lord they are

left to the prudence of the Ecclefia~ical Governours s [0 that th~ general

Difcipline IS warranted, but the particular is left to their choice who by the

ana~ogies of .the confequent power of the Keyes can proceed by lelfer and

an tnre~·medlal.procelfe. But t~ power of the Keyes is given in order to

fomething that IS to be done afterwards; For that is onely the warranted

and expreffe authority.snd t~at which imitates coercitive jurisdiCl:ion the

n~areft, t~at thofe be cut off fral!' the Church who by their voluntary Iub-

!uRion WIll not amend and fubmlt to the paternal rod & gentle correption,

R UL E IX.

Excommunication infliCled upon a light caufe binds e~ternally, but n?t internally; but if it be in .. flicted upon an unjuf] caufe, it binds not a~ all.

I'TH~s latter .p~rt of the Ruie i.s evident an~ confented to by all. For in

thisrhe Civil and Ecclefiall:tcal power differ. The Civil power, if it condemns the Innocent, hat~ effeCt upon him, and does affiiCt or put him to death : .But. the Ec~lefialhcal power doesnothina, unlelfe the man hath done the mifchief to hlmfelf. For God having undertaken to verify ~hat the Church does,it mull: be fuppos'd that the Church mull: dQeright, eJfe.

Y:& God

Of the power of the Church BOOK nr,

-----

God will not verify it; and then it lignifies nothing, but that t~

in '[erem, C.'l. nours Ecdeliatl:ical have finn'd, Ejiciunt oues qUi CDTltYa jUjfitiam de F.rel,_ jilf. [epardllt, faith ~. Hierom, They that againfl right cajf a Tnan fr4ll' the church. they are III fhepherds, and drive the Jbup from their folds where ~hrill: loves [0 fee them: ~nd therefore Alexander the fecond 24. q. I. c, .Audivimus, fayes that un}lIjf excommumcatlons are not to be flighted and

De vlta Iptdr. negleClrd; and Gtrf~n fayes, it is h~n~rable to !~e ch~rch that filch a Pre/ate 'n·c~~· ,. ed jholiid be rejifletl to hu fM~. ~ut t~tS In cafe ot injuflice an~ manifttl: .bufe: fuch are diofe excommunicanons in the Bldl .. com .. Domini; n which thoie perfons who doe their duty, who doe not confent to .t,he errors and abufes of the Church of Rome, who read good books that dl!cQver their horrible impieties.are excommunicated: it is Brutllm flllmm ; it is harfh as the noire of peacocks, but does no more harm to them that are intended.

2. But now in the other part of the Rule there is difficulty, and it is oc-

calion'd by a dilcourfeof S, Leo in his 9 3. Epiflle , Let not the Cummufllon bl e4ftly or lightly dmied tq 4ny chriflian, nor lit t~e. p1earm of everya/lgT] friefl ; bu.tife the mmJ of the avenger ollgbt tlTlwlUmgly and WIth II kInd of Kriif to proceed to the injlJlJion ofvel1gellnce even IIpon II grellt"guilt. For fflebave known [ome for ftight "llions and words exdllded from u: of the communion, lind If. foul for which the blQlld of Chrifl WIf.S }h! , by rfu ;nflitfion of this i' fevere II punijbment wounded, and iU it were alf.mid .nd fioil'd of a/J defen.ce,expos'd to the alT'aults of the Devil, that it 'llight be tlJjil,tAkeN.] By which words S. Le» (eems to fay that he who for a trilling caufe is excommunicate, does aeverrheleffe feel all the evils of that greaten cenfure, He fayes well and true: But he does not fay that he is ~pamefrom God, that he [hall perilheverlall:ingly, that God will in heaven verify what is done upon earth I but he reproving this impiety.tbat the greater excommunication fhcnld be inflided for trifles, tells the real evils which doe follow: for the excommunicate being feparare Irom the communion, denyed the prayers of the Church, banith'd from the communion of Saints, is devell:ed or all chefe excellept helps and Ipiritual delenfatives ;jgainft the power of the Devil. Now this is very true, though the caefe were wholly nnjull: ; and much more if the caufe be fomerhing, though not fufficiem, De fa&1o,the man isdepriv'd of the helps of the Church, and the advantage of holy Ordinances: and though God will, if the man be a good man and devour, hear his private prayers, and Iupply him with ferret ftrengths, and in his behalf rebuke the Devil; yet it was a worthy caufe of complainc in S. L(~, to confider that this evil was done for little things, and that for fo fmall occafions God Ihould be put to his extraordinary wq, and the man be depriv'd of the bleffings of the ordinary.

. 3· . But whether this fentence fo nightly inflided doe really bind the

~ra~. 6. ill foul before God, is a queftion which orige» inquir'd into, but durft not

an. affirm it; but concludes that it obliges in the Church and before men: for whether it obliges before God or no, Pem [cit; nos "litem fronun· (iare non, POJJtlTIIIIS, !wmdum qtIJJd ftripttllll- eft, No/itt judicare] God oJlely knows, but we !)lull: not judge. But yet if it be his unhappy k>~ tQ ftlllinto (pch a calamity., fatlllm 'IIaltt, ,(Ti non debuit; the eccleft3ftil;~il Rtlierdid very ill inlc, yet the man is boondto the Church. ~J (rgll'ilf te&f.to .levicorl'ePtlls ••• nOll Ie ementiat, nos IjMidem ftc eum debe",IH hA;m IJIMfi p'lbliGAlJtU» & ethpjellm, abfli1ulltlS.b fO, ut c,nfund;.tur,

H/

~4-,----;;;-(;;;;;~nI and Cen(uru.

fie thmfore that is take»-and excommlmicate for. a fmaO fault,. and will ns: .l1Iald, we mllfE e(ieem hI,!, tIS If. Heathen 4'11d a Publican, that he may bf 4lwntd. Indeed the Church hath put a heavy and: an unequal load upon fuch a perfon, and hath erred greatly; for no man iii to be ('eparate from the Church of God, but h~ ehae feparated himfelf from God, and hath lett his duty: but therefore If the Church doe excommnnicate .hirn whofe a8:ion or words though it be faulty, yer.itcan conlill:withthe flare of'a good man, and does not deflroy the love of God, the cenfure was too heavy as to the external, and falfe as to the internal; for the man is not fallen from God, but does communicate with the Head, and continues to

receive of the Spirit of C hrifi, '

.' But yet ev.en. fuch a man is bound externally: for this is the meaninz

of that famous laymg of S. Gregory, PafEoris fententiattjAm injn(ia timend~

IJI, rhl [essence ~f 41!Ifhop though it be unjlljf iJ to be fear'd; that is, though In E~ang,;. It be in a caufe t1~a~ IS not great and competent enough, but.if it be in a Honlll.16. h~ht matter, yet It IS to be~eared; not ouely becaufe the man is depriv'd

ot ~he prayers and ~ommuOion~ of the Church (whichthough it happen to

~ mnocent pe~Con IS a great evil, an~ therefore is to be fear'd, though it be

10 all [enCe.s unjufl) but alfo becaufe it b~nds the man that is deprehended

even 10 a light fault, to Iubmit to the Judgment and fatisfadions of the

Church. :rhe burden IS very. g;eat, and ought not to have beenimpos' d;

but when It IS It mull: be [uffer d, becaufe no repentance can be too ereat

fOI any Iinne . and although the Bifhop made a falfe judgment conce~nin"

~he man,.and he ~oes not ll:aud Co bef~re God as, before the Church, tha~

is.for his firll: little offen~e? yet being eenfur d and unfortunate, if he

r~tu[es toobey ~lut which IS In~eed too much to beimpos'd, but will doe

him no hurt, It IS not his fu·n little lin, but his great contempt that is to

be accounted for, before God With the greatetl: feveriry,

I' But. then if it be inquir'd i~ what cafes <indy excommunication may be

lawfully mfilCted; the anCwe~ IS cafy: bot I chufe rogive it in the words

of the Fathers, becaufe there IS in this cafe. reafon and authority too. ubi In Jo[",. Feecat"m non e(i .tvtdens, tpcere. de Ecciefi" neminem po{fi.mus, lie forte. Hcmil. a t , ITAdlc411tes zlzam14,. eradlcemmjim7l1 CUm ipjis etiam triticum: So orige»,

Un/efs the fa&1 be eoidem; no mall mu/l be excommunicatt, for elfe JIIe may plrAd'lleTJtllre root lip the wheat with the tares. But that's not enough.

I, 2, No ma.n mull: be excommunicate but he that. is p4cwor gravis & . fhl;d.a1ts, 4.grtevo~s and." ft~nd~lo~s f;n~er ~ f~ S; G~e$orJ: and like to In ~ PCriii. t •• IS t atof.{'I.riflotle, LlICI'i\U'if9r"_",.,~," ... u. a.YIMillJ'"I .... luJ I-<.x~n-Pial.

I"", ~e.1Ullfl not feparare from every finner; but from the intolerable

and maltclO\lY i.Fpr what Ihouldarnan proceed to violent remedies; when

'gentle. appl!~.at\o.n.\Vlll m.ak~~he cure ~ . and ~or a trilling caufe to cut a

man off from . the cpmmumon ·.of the Church, ts.to doe. as, the man in the

f"!1le, that .. e!pYi~g;a fly upon-his neighbour.s.foreheadi,wcnr to put it off

~Jl4a .hat~~t;~:i1n~ flruck.oue his bra!n~.An,d therefore the Fathers in the;

h ouncil ofWorr"s,t'I71, l. ~~retd,Ut I1I~OU$ St4mdolulIZqu6flquAIfI re[/it fideJ

D1l11nem r« plI!.rlW ~ levtbus .Gitllf~ .1.commll";OI1c {HfPendat: pr .. ter eM Ct.l~

WJro qUlh.s lI11tlqllt Mm, 'IIrmiluffer.tli}~ 4~iqHiJcommjitelltes. In the iilp . Ion of.~~tiJr~s. th~ Cb,,~~h;(bollIM()lJbw,the practice of the primitive . athers)e~glP.D!ljmcatlPg @:t£lu:»eliever b,ut for Iome verygrievous fault.: , y 3 ~; Neither

Of the Power of the Church

~~~--~~--~------

7. 3. Neither is this .ful?cie~t of it felf: a f~andalous. fin ~loneis net

enough, for excommurucatlOD IS .the!all: r~medll:: Omnza pr./fll temand. '1'l4m beUo exper~endllm;whennothJO~ elfe will do~ It, then this IS ~o be us'd: tor if the man will be amended by.pnvate correction, or by pubhck admonition, if he be ready to hear his brother, or to ob~y the Church, why fhould he be ell:ecmed as a heathen man and a publican ~ St non atu/ierit tccleft"m, is the condit~ono~ufing t~e keyes; if he will not hea; the Church: fo it is in the Charter, If being publIckly convl~ and reprov d by the Bithop.he will ~Ot be humbled, b~t remains in~orrigi~le and perfeveres in his fin then he IS to be excommumcated and Imitten with the anathema. Like

'h" h f h.r. ,\ <> -, _<t.._' ,

to t IS IS t at 0 C rYJlppuS, ~lI.EI"" "" 0"." ",,"&,'116/k'llll&r..j, "'" 5 fU.,c;:,

~"'ePcp;i, 'nJ)'xd'q" ""::5 ~ f-"~." ..d. 6 ;;"":' ,r-",,,O(Tf.,, d~i'~. Some things are to be turned from, With ?ur head a little afide , and from fome thingswemuLhunaway. Some things are more earneflly tobeavoided; and from others we muil: be parted tor ever. 50 5. Grego'.1 10 the place above cited. Spirituat; gladio [llperbi 6- (Dnt(lmam n!CantNr dum de Ec-

Lib. 1· .p. II. defta ejieiuntllr, fo 5, cyprian, The proud lind the (Dntumaeiofls are.fi4in hy the JPiritual [wlYdwhmthey are throrvnout of the Church. Inobediens trs»-

Epift. J. cAtur, is 5. Rierom'! expreflion, He that is rebellious or difobedient to the difcipline and correction of the Church, he is to be cut off.

8 Now all there mull be joyned together. Ii the faa be not notorious

• or prov'd, a manmnlt not befo feverely fmitte~ we know not why. And if the faa be evident, yet unlefs It be great, It deferves not the biggeft puniihment. For th~ j~dS~ is ~ruel, and not juf], t?lt puts a man to death with torments for fplttlOg 10 his parlour: and the Judgment of the Church being nothing elfe but all effeCtive and terrible declaration of the judgment of God, mull: not be exterminating and final for things of little concern, ment, but according to the wifedome which we fee, and the mercy which' we hope for. And after all, if it be evident and great, yet the laft remedy mull: not be us'd at firLt; and a man will not have his arm cut olf for a felon upon his finger, orthegout in his wrill:, or an ulcer that can byany other means be cur'd. But when in a great peftilence and danger of'infeaion there is no other remedy; when the fire rages deCperately, 2IId can by no other means be ftopp'd; then pull the houfe down, and feparate the infeded from the city; he: is fit fornothing but charael-houfes, and the fociety of the dead.

9. 'I- ThiscautionGerfimin1l:ances in pecuniary matters. For (faith he)

~ vira Spiri" not every contumacy againLi: the: orders of Courts Ecc1efiaftical is to be .nim.lta.~. punilh'd with this death. If it be.in matters offaith or manners, then the <0'01.1. cafe is competent: but when itis a queftion of money arid fees, befides

that the cafe is full of envy and reproach, apt for fcandal and ·to briDg contempt upon the Church, the Church hath no direCt power in it; and ifit have by the aide of the civil powtr, then for that a civil coercion muftbe us'd. It is certainly unlawful to excommunicate any man for not paying the fees of Courrs s for a contumacy there is an offence againll: rfie civil power, and he hath a fword of his own to avenge that, But acornmnnication is a {word to avenge the contumacy of them-who ftubboro!Y offend againll: the difciplinc. of the Church in that wherein Chrat hath given her authority, and tlut is iulle matters of falvation and damnation immediate, in fuch thillgs where there is no fecular intereft, where

.. there

there can be no difpute, where the offender does not fin by confequence and interpretation, but dired:lyand without excufe, But let it be conrtdered how great a reproach it is to ecclefiaflical difcipline if it be made to miniLl:er to the covetouCnefs or to the needs of Proctors and Advocates; and if the Church Ihall Fllnilh more cruelly then civil-Courts for equal offences: and becaufe lhe hath but one thing to ll:rike withall, if fhe upon all occafion Imites with her [word, it will either kill too many or

hurt and affright none at all. '

l~, s. Spiritual cenfures mull: not be inflid:ed for temporal caufes, ill

quell:ions of right and fecular concernment, for which the civil [word is Ibarp enough and praper. In the Church of Rome it hath been very uCual to ufe excommunications for the difcovery of thefts, or the manifellation of Iecret aaions. Divers examples of which are in the Decret ds and later Canons of the Church; but not till the Church had been extremely corrupted both in Doctrine and Manners. But this advice is the fame almoil: with the former, and relies upon the fame reafon, But who ple3fe to fee moreof it may fee it in Gerfon de -uit« Ifirit. animo len. 4. CDrol. 7. & fum. III Concil, RbemenJ. pArtil. :,.c01Jjid. 2. provif. 2.

II, A~ a Corollary to there advices, I am to adde one thina that is of

gre3t ufe and confideration, and that is, That when a law is mad~ that who ever Ihall commit fuch a faa 111111 be ;p[o fano excommunicate, it mull: never be undedl:ood of the greater and proper excommunication - for if it be, it is unlawful and it is ridiculous. For the abfciffion from th~ Church isnet to beus'd but after all other remedies: when the crime is delated or notorious, and the perfon called, when he hath been admonifhed and reprov'd, and called to repentance, if after all he refufes and rebels then he is to be cut off, elfe lI~t: and therefore no man is _ip[o fano cut ~ff. The offence alone deferves It luft as It deferves damnation, but becaufe God is pleas'd graciouLly to call a finner to repentance, and cuts him not off till he hath refus'd his gentlenefs and forbearance, the Church mufidoe fo too, followmg the Oeconomy of God; for ifthe Church kills oncarth and God Caves in heaven, it is clear {he Imh not rightly us'd her power' and therefore mull: not kill at the firLl: dafh, '

I:. If therefore it be inquired whether all fuch fentences in law which de-

clare a man to be in certain cafes ;pJo fallo excommunicate he unlawful, the

Arch- Bp. of spalAt." who is fierce ~ainfi them, anfw~rs affirmatively and Lib. f. d.R confidently? and difputes well agalOLt them: but his reafons are over- E<d,C cap. 9:' value.d by him and are not dem?nil:rative; for they all rely upon this pro- n, '3, '4· pcfition, T hat no man can be tied to he executioner of any fentence againll:

himfelf, which I have proved to be falfe". .. What then doe fuch fen- • Cbap. a, tences effea more then others which are comminatory, and threaten the RuI, •. fentence onely to be infliCted by the Judge if the crime be delated and

prov'd ~ GerJon faith he learn'd thus to anfwer from his Mafter, That the

Judge i~ fudi cafes, when the faa is prov'd or confefs'd, may pars to fen-

tence Without any. further Judicial procefs , which in other cafes he cannot

doe, But Cerfon and his Mafter would fain have beenar a new thing, but

tbey could not hit it right. For .whetheraoy fuch thibg was effeCted or

DO, or whether any more Was intended, is not a matter of ronfcience; for

this wholepr«eeding is not the mioit1:ery of the keylis. :but wholfy a

y 4 humane

Of the Po~er oj the Church BooK Ill.

----~--------------~-----------------

humane invention, done with great reafon, and is of prudent 'c~

warranted by precedents in Scripture: and' finee in thole places where many fuch laws are made and us'd it is certain that the 1:lIV-gil'ers intend more, and moreis practis'd, i, is not true diat' GaJon's M:i(ftr told him that thefe laws produc'd nothing but a power for the Judge to proceed fummarily. And therefore he neither anfwered right in the point oflaw nor in the cafe of Confcience;& yet he faid Ivell,that fuch fenrences of ex: communication doe not oblige others to abflain from the Iociety of the excommunicate. It is true.but not for his, or for the reafons of the learned Arch-Bp. of Spal4to; but for this reafon, becaufe thefe fentenees doe not intend to involv.e the offender in the greater excommunication, which is not to be inflicted but upon him tim hath finn'd grievouily, and after ad. monition refutes to amend. For if the greater excommunication were intended, the laws were unlawful, and the featence unjufi. For a crime in manne!s is like an err our in faith: this without pert!nacy is not herefy,and that Without contumacy does not deferve excommunication. But what theM

13. Therefore all thofe laws which inflict the fentence of excommanlea,

tion ipfo fll80 are to be underflood of the lefler excommunication.and they mean thus much one1y, That the Church declares that all fuch criminals are obliged to confeffe their fin, to abftain from the Communion till they have truly repented, to fubmit themfelves to the judgement of their fpiritual guide, to receive difcipline at his hand, and manners of emendation \ and in this fenfe the laws are pious and reafonable, ufefull and of great effed: : but how much the confcience of the criminal is by them oblig'd is a Iecret of which we know nothing; but this we know, that where fuch laws are us'd and underflood, without fuch fubmiffion and arnendsja man that defires to be good can have no peace of confcience.

14. The like is to be [aid of thole ancient Canons of Councils which for

light caufes impofe and deceee the fenrence of excommunication. Thus the fourth Council of carthage decrees him to be excommunicate qui /4- cerdote verbum faciente ilt Ecelejia egrefJm de auJitorig fU(fit, whg /baD got Duf gf the chur&h before the Sermon be ended. Very many of the fame nature might be produc'd, but they all mean the fame thing; that he that is delinquent in the infiance when he is delated and convict fhall be feparate a while from the Communion, (for that was the Difcipline of thofe times) and thrufi into the place of publick penitents.

2.60

RULE X.

It is not la.wfull to communicate with thole whom the Church hath by a juft fentence excommuni ....

cared. .. . .

J. THat is, .all prohibited Communion isutilawful : as ifihey be dri~ onelyfrom holy offices,thenwe mull: not admit fuch perfons to oat affemblies, if a civil entercourfe be prohibited.xhat the Criminal byfuam~ might be brought to repentance, then that alforilufi: be denied him : for If he

in Canons and Cenfurei.

2.61

he be bound by the cenfure of the Church, then We alfo who are the relatives of that coercion are tied to doe our duty to the Church.

To which purpofe there is an excellent difcourfe in.S, Cypriall,Where-lib. I. Fp. 4.

lJore ([aith he) although there be fome of MIr colleglteS thut think it fit to neglla the Divine dlfoipline,and doe raJMy commllnicatewith Bafilides altd Marrialis , thy t/Jingo/lght not to diptlrb our faith; fince the Holy Ghojl ill the 1'Jal1lls threatens (tlch per{olls, !ayillg, Thou hAfI haftd difcipli1l1 and caft my words behind thee .. iftholl Jawllf a thief tho» dUft goe with him, alld wen !~rt"ker with the .,dltfurers. . He Jhe,~es that thelwere cenforts a»1 partake"

of otlm mens (tm who were Joyned with the delmquents. But thl6 thillg alfo Rom.r. '9 lhe Apojl!e Paul writes, faying, They lire whifperers, backbiters, h~ters OflO,3" ' God .... who knowi,,! the jlldgement of God, that they which t,mmit fUt"

things Are Ivorthy oj ~wh, not onely doe the J.lme, bllt have plea/ure lit them

IhJI doe them. For (faith he) The} that doe filch thlllgS are worthy oj death.

III malllfejls alld provfS that they are worthy of dearh and foall come to PII-

mfomfl1t, 'not onely that doe evil, bllt they who cgnfent to them that doe eVil;

~hl whilefl by 4n ufjlawfull c01l1mlmicatioll they are mingled with evil jinntrl,

,"d that wiD ~ot repent, are polltlled with the confa8 of the. !uilty, 1I11a Ig-

mJt they are Joyned In crimes ,they are not fepArated ill lflll/JbmeTit.

;, The Church havin~ [0 good warrant from Scripture proceeded to

ad de Eccleliafilcal penalties to rhofe that would not verify her Sentences of jull: excommunications. For when forne had got a trick to meet in homes and pray in Conventicles, becaufe they were forbidden or did VQluntarily refute [0 enter into Churches, the Council of A/lJtioQh took notice

of it, and forbad all Inch communions and affemblies and entercourfes un- Cap. r-

der the pain of excommunication, But this was decreed by the Canons commonly called Apofiolical, Si quu cum excommtl1licllto Jalrem ill JQlfJO Can. 10. 3Llt {tm~l er.nnrit , ijle communione r=». He thllt !rayes with all e)(C01l1- lJ. 1I1Hnicdte pafon fo milch aI privately in a houfe, let him "e depriv'd of the CommHnion. The fame we find often in the Ancient Epifiles of the Popes;

in the' {tcond and in the' fourth Council of carthage ,in the nrll Council of. C 'To/edo, and in the Synod at .1 AuxeminFrJlnce, in thefirft Council ofb c~~.;i. 'Braw,t, in the Council of f TOllrain;, and the Council of g rerllr. 'd Cap. '5,

Cap·l9· e Cap. B.

1. But this is to be underfiood with one caution, and to be reduc'd to f Cap.8.& 'x.

practice by another. I. Although the Church excommunicates them that g C. 9· communicate with excommunicates, yet it is alwayes to be underflood that

the partners are onely Imitren with a lefler excommunication, and oblig'd

onely externally, not internally. For there may be many cafes very ta-

vourable in which an innocent perf on may innocently communicate with a

heathen and a publican: and therefore in Cuch cafes in which q man does not

takepart againf], or directly or by intention defpife the Church, or give Countenanc.e, Itrength or increment to the fin of the excommunicate, but

With fimphmy purfues other lawfull purpofes.and deligns nothing of there,

he IS onely tied to give fatisfadion to the Church; but is not guilty before

God. For the places of Scripture quoted by S. CY1ri4f12bove-memion'd

are enely fpoken of fuch perfons whoby their fociety approve,and in their

hearts doe confent to fnch crimes. But every man tfiat goes along with

them in their journey or in their Merchandife, does not goe along With

them in their crime; and yet if they be forbidden to goe a-Iong the'road

witb

'2.6 z. Of the Power 0/ the Church B?OK Ill.

with them; rod yet will doe i,t, they may jufily be prefum'd to gee along in their con Cent and approbation: and therefore the Church does well to forbid fuch to come to her communions till {he be Iatisfied, that is, till the contrary does appear, or amends be made" But becaufe in many cafes the contrary can be made to appear, and In more cafes t,he contrary is true whether it can be made to appear or no, therefore In Iuch cafes it mua be underflood, that the companion of the excommu,nieate is onely bound in the face of the Church by fuch cenCures, and not 10 the Court of

Epin,n heaven. And to this accord. that of S. Leu, Certainly when any filch caufe dues happen, IhM f~r the hainuuJnefJe of fome crime commi;trd ."~ om il jujlly depriv'd of the Commumun, he alone ~lIgh~ to be, p1l1ll}h dwho IS tn'IIolv'd in the guilt; me partiaps debet trrt JUpplrCH qlll conJors 1I<'n dOCllllr fui{[e commifi, neither u he to partake of the pllnifhmem tllJt was nul a cBnjort of the fafl.

5. 2, This rule is to be reduc'd to praetice with this caution? That the

Church intends not to forbid :my Iuch enrercourfe or commumon to which we Itand preoblig'd by the law of Nature, or any law of God, or of the Civil Cupreme power ,from which the Church cannot abfolve us,, The fen. tence of excommunication does not enjoyn a fon not to, bel p hiS aged Father, nor the Pbyfician to gi~e him phyfic in his Iicknefle, nor th,e tenants (0 pay their rent, and talk With their land-lord about hIS :I~d Ihe~r neceffities,nor the feudatary to pay homage to hIS lord,: to prohibite :t'lalUral or Civil duties the Ecclefiaflical power hath norhing to doe. ,It I,he CIVil power hath forbidden a civil duty, he may, and then the Iubjed IS CIVIlly bound in all things but where God bath commanded a duty. For even the KiAg cannot command a wife not to pay her duty to her husband, nor 1 child to his mother, To thefe they are bound by God, though they die for it ; and if the Prince be angry, yet God is well pleafed.

6. For although the fupreme powe~ can forbid eve~ an action that is of

it felf good and pious, and we are in the proper circumflances bound 10 obey him, and in this cafe alfo obedience is better then facrifice , yet when the piety is neceflary, and not under choice and coun~ell, but under a Co~. mandernent, the King and the Bifhop fingly or conjuactly have no power to forbid it.

in Hecuba.

Oli ">if 71 vuQ 11 't9-~ X.s-ff,ciM.' aJf; '7m1

Z~ ~'IU, ".d'as.,i'EP ~ on ~.i'1',

for thefe are things that are not of to day or yefierday, but of an eternal rectitude and no man knows when tbey did begin. For upon this account .Antigon; in SOfhoclts defends the faet of burying her dead Brother agamft the Kin"s conimandernent Even the Gods rhemfelves, that IS, the great Rulers 3f theworld.are fubjeet to thefe laws. So ENripides,

'AM' it ~oi ~fYtJut, X' ~ Xfi,tJ, XI,,~y N.",@.· ,ofU(' -yip ,d,s ~~s ~'¥.I-"f,':nt.

Ka.l ,oJ'l4u a.$'n(g_ ~ "':x",,' ~e'u~'rol. .

T his law rules them that rule the world: and therefore the Greek ~ragC!ly does rarely well call thefe laws ';'fi'ntld'Gt.,becaufe all men andNall th~gs ar,e under their feet. It is,as Pindar calls it, o.~",e- {6"'I1l>"£' 9, .. """, on '!lh~"'ftIJ~, A I.IV that it the King of .Il things mortal And immortal. And t e~e ore cxcommunications.though verified by the fecnlar power I cannot forbl~the . . , necelllry

in {)mont and Cen(ures.

---:-:-~---- .. -----. ,..-------

neceffary and dutifull entercourfes of relations, or. the iifue of any duty commanded by a former obligation in the law of God.

. But if the Church will take her rneafures from the words of her com- 7' million which as they are her onely warrant, fo they are the bell: rule, the exterOl! effetl: of excommunication is this onely, that we efleem him that l~fures to hear the Church as a heathen and a publican, If we account and ofe him Io, it is bad enough; but then we have no warrant to ufe him worfe. And then as we eat and drink and talk and buy and fell with heathens without fin, why alfo not with eXCDmmll1ltCafes, this precept notwithfiandin" ~ I fay,thit precept notwirhftanding, for it is more then an indul-

ence o~ a leave to ufe them fo ;it is a commandemenr. the Rulers and fiewirds of God's houfhold are tied to feparare refradary ~riminals from the found part; and the people are bouud to be feparare, for they alfo have a !hare in this binding and loofing by way of content and compliance and ve-

rification, according to that of S. Auf/in, Si fr.,frem habes pro Ethnic« & .I" \'."bo Do, publicllno ligafli iUgm in terris ; fi correxeris fratrem. Jolvifli illllm in terris, min', '!oo;ll The people are to bind and loofe, that is, to efteem him that is bound as a I" ' heathen and a publican, and to allifi in the correding of him, by bringing

bim to repentance by the inflrumenr of fhame, But this being matter of

office and not merely of benef t, it is evident that it is a precept, and not

~leav~ onely, a Cornmandement, and not an indulgence.

I, But then if we enquire to bow much and to what manner of ufages it

coes oblige us, we Ih311 be able to underfiand our duty bell by conlidering ,hal it is a proverbial expreffion, or a form of execration, to lignify im-

pious and prophane perfons, of the vilefl reproach. Jult as in the Old ,

Telbment,of what Nation foever he was, yet a {hanger from the Cove- L,,,,,,,, ~7· nmt of God was called an Aramrte or a Syria,,; and when S. Pallt faid that

S. Timothie' 5 Father was a creek; the Syriac interpreter calls him an Ara·

mite: fo here a heathen and a publican fignifies a wicked and a reprobate

perfon , as we call cruel peo~le Tllrks, and ill the time of the holy warre

~l very vile and Intolerably Vlt10US or hated perfons were called Saracens.

HJriols .,vd Publicans Chrif] joyrres together; [0 Pllblicans and Sinners the Manh, s t. fame with Heathens and Publicans. Meaning that all conrumacious fin-

ners, that upon admonition and Ecclefiaflical correption refuCe to repent,

areto be accounted enemies and Itrangers to the rights and promifes of the

Gorpell, enemies to the religion, and feparate from God, and given over to

a reprobate fenfe,

~, But it cannot be inferred from hence that the fame ufage which the

Jews gave to Heathens and Publicans, we are tied to have towards excomnunicates, That \~:e mufl: have no worfe is certain, but not fuch, not fo bad, is lifo very true; becaufe our Bleifed Saviour did not even amongft them appro\'e of rhofe harfh and contemptuous ufages;,.,.;, GtI'I'Xfii<ll'a.o, '1;1'.i.:i:"'''!, """.,;,.;"" 7rSPIT'PX'';''cu, they would not eat, nor drink, nor trade, nor come to them.

NM munflrAn vial eadem nift faCTA co/eRti, .f2.!!..tfttum ad funtem [elos dedll.m verpos.

They would not doe common civilities or charities to an uncircumcifed man, to a heathen, But when our Bleffed Saviour had us'd them better, and Co taught others to convene with them, to doe them good and to fave

tbei,

Of the Power oj the Church

------~~--~~~-

their fouls, it will ~e very, reafonable to collect from hence, that C hrill

did not intend by this ~o enjoyn us to fuch treatments of the excommuni_ cates as the proud Phanfees gave to Publicans and heathens: but the me _ ner of fpeech was in ufe among ,the Jews to lignify impious perfons a~~ great finners, and fo Excommunicates are to be accounted;

10, That therefore which remains is, that the ufage here intfuded '

tha~. th~y Ihould be fe~arate fro~, the communion of holy offices, from ;:~ taking 10 the myfleries of religion i for that was t he known ufe olth words of binding and loofing among th,e Jews, \~hich C,hrill: us'd in givin: the Church a power of excommumcanon, To bsnd ligrufies to forbid and to loofe lignifies to give admillion and, leave, according to that ufual f;yin. of rhe Jews, There WiU nothing bound by Ezekiel or liy David bllt whatR>; hound in the Law,thac is, they forbad nothing elfe, So that the accounrir. thefe perfons Ieparate trom God, and forbidding them to enter into th~ communions of the fO,n~ of ~od i~ the myfieries of their religion, is all that can by any probability be inferr d from hence.excepting what is Cuper, added from common r,earon and the laws of nature; that If beyond this there be danger of reee,mng hurt.the feparariongoe further: and therefore the ~~o!lles &ave caution to their converts that they !hould not falute or admit lOW their houfes falfe Apol1:les,becauCe of the imminent danser , bur

beyond this I find no Divine Commandement, 0 ,

I I. Wharfoever therefore befides thefe things is fuperadded by the l.tws

of the KlOg or the Canons of the Church is to be obeyed upon rhofeac-. counts, where no other duty is prejudic'd ; and therefore in this there is no other rule of Confcience, but that we firll: attend to the laws of Goa concerning our other duties, and then to the laws of the Kin" in this Bur in the th~ng it felf" excommunication CUtS the refracbry Ii~ner fro~ the communion or religious entercourfe of the Church; he is not to be reckon'd as a Brother, or a relative in Our religious friend !hip and union. The offices of humanity and civility are not to be denied to him; but there ought to be no dearnefle and proximity of friendfhip . weare not to take much care of reproving him; his eares are fhut to truth and he cannot hear good connfel \ hujus ergo deflmanda {aim (as Cicero raid of tbe like perfons) unlelfe a new hope arife, we may defpair of his Ialvation,

r a, One thing mo~e hdde, That when the Church ini!Lcts cenfures upon

th~Ce who commumcate With the Excommunicates, it is not upon a real bel~ef that all Inch perfons are guilty of the fame crimes by fecret appro~atl?n or confenr, but becaufefhe cannot tell whether they be or no ; for ir IS a juf] legal prefumption, ~ncl hath fome natural propability that it is [0; a~d t~e Church IS but too juflly offended and fcandaliz'd at fuch communicauons and entercourfe. But then on all fides there is a difference to be made, and the Church mull: not be Co offended when he that communicates with the excommunicate apparentl~ does not.or by that communion cannot be prefumed to partake of the principal lin: and therefore befides thetyranny and ufurpation and illegal proceedings of Hildebra»d asainfl the Emperor Bt~ry, excom~unica~ing him upon pretence of Simony in the matrer of Inveflitures, he did foolifhly and unreafonahlv excommunicate all them that, did partake or converfe with him, For firll: the Church hath no power dIreCtly [0 make laws in the matter of fecular converfation: and if it be

[aid

tn Canons and Cm!ureJ.

[.ii by confequence and legal prefumprion the Church concludes fuch perfon; rhat communicate with the excommunicates [0 confent or partake of the crime; that is according as the matter is, and in this cafe is extremely unre;l{t)1l1hle and foolith : for ir, cannot be imagined that all the (ubjeCts of tile Emperor ihould be parmers of the bargains, or fhould know of them or believe any tuch thing, or approve it, if they did know or believe it; and the comlllunicating with their Prince as fubjeCl:s could not infer it, with any [eeming probability, that they were a.l fimoniacs,

I' But then on the other tide, the Ions of the Church mull: be with curi)'onry rell:rain' d i~ their communions With Inch excommunicates,whofeconI'erfation does With probability involve us In the: guile and participation of the principal crime: and this is efpecially to be obferved in fins about Go-emmenr, and in matters of perfiiafion, that is, in matters of herefy and [chifine ; tor their ",ord edwh like it canker, that is, thefe crimes are infeCl:iens and {ratter themfelves into all that converfe with them, or is very likeIv Io to doe; and therefore in thefe cafes the fubjects may be more reftrJlned from enrercourfe with excommunicates, and it mull: be a greater nectllity that mull: warrant it.then may pafle and be allowed ill other cafes.

14 This is all I find neceflary to be conlidered in the matter of Ecclefi-

:ftical cenfures ,in order to the regulating of confcience : which the Cafuifts in the Rom,11l Church have handled in great volumes, and make it commonly the one half of all their inquiries and minifleries of Confcience, For all the queflions and confiderations concerning fll{}enfions, imgu{Jrilies, ;nterdil1s, depofitions and degradations, dbfOltltions of the dead a1ld of the Ilbfmt. the forms of abfollitioTi, refer'llamn of cafes, delegations and lianfe s, ,tkfollitiollS againft our wills, and by others who hOlmd II! not, and upm j.1Je ftlggeflions, "bfolutions upon condition and reincidences; fentences IIncerl.in ,,,,d unknown, excommunications comminatory & ipro fal10'1~,,/al and Ififeopal, common and [peeial, principal and ddegate, by regfllars an jecillars, the excommunication vf Angels andDe'llils,of fOlvls and beafts,Pagans &1ews, and thoulsnds of quellions, cafes, accidents.incidenrs, limitations of times appendant to all thefe, which make the peace of confcience to be as impoffible as the conduct of it, all thefe are cut off by the fimplicity of truth. ~nd the plaineneffe of Divine infhtutions, which are few, and eafy, and ufeful, and reafonable , wife, but not perplext; fevere, but not infnaring, But [hofe things which are introduc'd by humane authority and rely UpOll fecular interefls.rbe artifices of covetous or ambitious men, and are maintain'd hy force and fllfe or uncertain principles, they are fit for the forum come»: ti,(um for Courts of flrife, but not for the Court of Confcience, which is troubled by any thing that deflroys peace as certainly as by that which

deilroys innocence, . .

§ III. Of C.'NONS Ecclefiaflical.

That which I am next to inquire of, is, concerning the more parti~ular perf OilS or communities of men in whom the Ecclefiaflical power is ~ub)ected, and where we are to find the records of Ecclefiafticallaws, and from whom the obligations of Confcience doe proceed, and in what matters their authority is competent, and their Canons obligatory. That is, to what and whole Bcclefiaftkal Canons the Confcience is, and how far it is bound. 'l1 R 1.,. II

Of the Power of the Church

2.66

BooKlll.

RULE XI.

The Canons of the Apoftles which are of Order and external governmem doe oblige the Confcience by bemg accepted in Ieveral Churches, not by therr firO: eflablifhment.

1. THat the Canons which the Apoftles made did oblige the Churches to whom they were fitted & directed is without all queflion, accordiIl~ to

• Cor. ,. 9· tha t of the Apoftle, To this eTid lifo did I write, that I might ImOll! the p;oof OfYOH, whether ye be o;edteTit 1» Ali thzngs. For whatfoever was their crdinary power, yet rhey had fo much of extraordinary, had fuch fpecia! com. rniffions and warranties from Chrift, had fuch gifrs~d miracles of pOlver fo much wifdome, fo much charity, and fo intire a government and \Ver~ the onely fountains from whence the rules of the Church lVer~ to be deriv'd, that their word ought to be a l~w to whom it was Ient, anda pre;edent to them that fhould hear of u : It was like tke pattern in the Mounr to which all Churches in equal circumftances and the fame conjunCtion 01' affairs mighr conform their practices.

2. Thus we find that the Apoftolical decree of abftaining from blood

was obferved by more Churches then thole of Syria and Cilici« to which the Canon was directed; and the college of Widows or Deaconefles though provided for the firft miniftery of the churches and relief of lnci: enc widows, deriv'd it Ielfinco the manners of the Weflera Churches.and lafted longer then there WlS need. There was no hurt in it; the reverenee to the perfons and dignity A poflolical was foundation enough to beat a greater burden: but the retention of fucli Canons and orders IVIi juft like the retention of the judicial laws in ferne eomrnonwealrhs, which they did in regard to thedivinewifdome , rhouah they in 10 doing aid pioufly mdced, but yet did not Imitate thar wii=J'ome by which rhole laws were made.

3. Bur becaufe it is evident that the laws of order and gOl'ernmcut were

fitted to times and places andprefent neceffiries, the fame wifdomethn fo fitted the laws and things together, did alfo know that thofe rules were not good when the things were changed and grew unfit for that meafure. The Apoflles in their firft preachings and converfarion in ::Iemf4tem infhtureda ccenobitic lite, and had all things in common with the believers; indeed no man was tied to it: and of th-e fame nature were their Canons, Counfels and advices, and propolitions of what was befl, But that advife related ro the prefent neceflities of believers: they were likely to fuffer perlecutlOn, and the nation was in .1 little time to be deflroyed, and theretore It was prncence to fell their lands, and charity to divide the ufe otIt. But if any man (hal! fay that this obliges all Chnthans, he is unreatonablei bur it" they doe not, then ir is certain t'hat their laws oblige according to the fubje{t matter and the changing reafons of things, and therefore not by

their

---------------~~~--------~--~-------------------

CHAP-4- in Canons and Cenfures. 267-

~-----"'-----------.. - __ --,-----:---c:----

their authority alone, but by their aurhor.ry alfo who are' judges or'the reaCon of things, and can declare with obligation.

But yet further, The orders which the Apoftles gave to their Chur-

"ches, though they be as good now as they were then, and have equal circumfiances, yet unlefs ir can appear that they by them intended to oblige Jllages of the Church, although they were not free then, yet they are free now. Now this is certain, that they gave no fuch laws but what they reo ceiv'd in Commandemenr .trom Chrift , and when ever they [aid of any plrticular, 'Thu lay I, not the Lord, they gave but an advice, or made a temporary order; but wh~~ they fsid, 'Thi51Ve h~,ve recerud from the Lord, it is alwales a doctrine of tanh, or a moral Comrnandement. So chat the rules of order being neither of thefe ar~ but topical, and limited, and tranfient , fuch which when they are chofen by the Rulers of Churches they become Canons and meafures of praetice, but eire nor. The Apoflle made an opder in the Corinthian Church that men 1110Uld not pray or prophefy having their head! covered: but yet in France the preachers are covered, and doe not chink they prevaricate an A poftolical Canon; becaufe they fuppos'd it resch'dno further but to that Church, or at leaft was agreeable to the manners and cuflomes of thofe places. S. Pall I appointed that they fhould lay atide every firft day of the week fomething lor the poor:· but he that {hall chufe to doe this upon his weekly [afl:ing-day, does as well , he does the fame thing in another circumftance, ,. S. Paul gave in order to 'TImothy that a Bifhop Ihould nor be a novice; meaning in age, or in Chriftianity, or both: and yet S. Tim~iby lurnfelf was but a novice, being chofen Bifhop at the age of xxv yell'S, as the Bccleliaflical hiftories report; and Theodojius chafe Ncii.rill< being bur newly converted; and the people chofe S. Ambrofe to be Bithop before he was baptiz'd, and the ded:ion 11'15 confirmed by Vaielltiniall. F'lbi~nlls, Cyprian, Nicolaus, SeveTHI, Tarajiw, were all novices or new Chrifhans when they were cliofen

Bilhops; and yer the Church made no fcruple of that Canon of the Apo- Coniuk. A::. Illes, becaufe to break It was more lor the edification of the Church, '3.

And I remember that c4[ander, fpeaking of [he intolerable evils that lell

upon the Church by the injunction of tingle life to Priefls and Bithops, he

faies this law ought to have been relaxed, although it had been an Apoflo-

lical Canon. * Thus alfo it happened in the Canon concerning the college

of widows, Let not a widDw be chofm uTider tllTeefcore )~4rS ; and yet flljii-;-.; .1

Dloln fuffer'd one of forty years old to be chofen , and had no fcruple, and;. ~~; ;;:'. hehad no reproof: but that was no great matter; lor the whole infticution

it [elf is noll' laid afide, and other appointments are eflablitlied. ,. And

which is mofl of all, that Decretal of the Apoftle5 which was made in full

Council, the moll Oecumenical Council that ever was in C hriflendorne,

made at the requefl of the Churches of the Gentiles, and the inquiry of

the Jews, forbidding to eat things ftrangled, is no where obferved in the.

Weftern Churches of Chriflendome, and S. Atlflin affirm'd rhat if any ~;~il~~ ~~~. maninhis time made a fcruple of'eating flrangfed birds, every man did Dicb:,: 'l.

laugh at him. :But of this I have given a full account ", : L~~i~·2b'p.

5. Now if thofe Canons Apoflolica) which ate recorded in Scripture, and

concerning which we are Iure that they had Apoftolical authority, be withOUt fcruple laid afide in all Chriftendome, fame everywhere, fome in [orne places, it is evident that it is tke fenfe of the whole Catholick Church,

Z l rhae

OJ ibe'Power oi tbe Church

~--~~~~~----

that the Cano'ns <;>f the ApolHes for o,rder and external meafures of Go-

vernment had a limited fphere of acl:lvlth ' and bind not beyond rh .

r. d ' h " C elf

reaion an convenience, t at IS, as every urch Ihall find them fi[[ d

their own meafures , and therefore this is much more true in fuch thi to which are but pretendedly ~poll:~lical,whofe name is borrowed,whofeft~~s IS uncerta~n, whole matter IS dubious, whofe records are not auth~mick~ and therefore whatever eire can be pretended [0 be Apoll:ohcal and' ' this contingent nature and variable matter, is evidently fubje.:J: 'to IhelS of ~e~t authority of ~very Church or Chrifhan Kingdome which is fupr~rem Its own dominion, me

, BOOK HI.

6. But, befides, the reafonablenefle of the thing, we fee it prachs'd in all

places wiehout difpuee or queftion ; that rhofe rhiags which are called Canons ApofioJlcal1 and either were not fo, or not certainly fo are yet I id afide by rhofe Church~s who prete~d [0 ?eli~ve them to be f~. The ~It~ Canon of the Apoll:les In that collection which IS called Apofi:olical,apPoints that the firfl- fruits {hall be rent home to the houfes of Bifhops and Priell and makes no <J.ue~ion but they divide them amongR the Deacons a;J Clercs ; but I think 10 the Church of Rome they pay no firll:-fruits and wh they ?oe pay, the Bi~ops and Priefts keep unto thernfelves. B'ut this ~~ nothing, The 6th C~~on commands, tha~ a Priell: or a Deacon Ihould not under 'pr~tence of religion PUt away his wife: now this is fo far from being recerv d in the, Church of Rome, that, for this very Canon '5 fake Baroniut calls the collection a,pocry~hal, and rejects them from being Apoftolicll. The 7'h Canon forbids a Bifhop or Presbyter to have any thine to doe in fecular affaires, under pain of depofitlon. This would dell:roy ~uch of the grandeur o~ the Church of ,Rom.e if~t\ye~e receiv'd, And the loth dellroys one of their gr~at c,orruptlons In ,dlfclphne and doctrine, for it is a perf~ deletery of their pnvate Maffe ; It excommunicates ehofe ef the people who come t~ Churches, and goe away before they have received the Commum on, calling them diflurbers of the Church .- now this at Rom/lVould feem a ll:ran~e thmg. And yet all theCe; a~e within that number of lifty ~vhlch B4~01J/~ fay~s were known to annquuy. But he that defires more inflances In this affaire, may confult .the Canons themfelves, amongft which he will find very few obferved at this day by any Church in Chriflendome

Rcgin,ld: P"'l s. The Church of 1I.0me pretends co believe that the wednefdayand friday faft

fan panll, + dai db h A ll:l d

c, J ..reit,!, p, were or ame y t ,e po es.an yet the wednefday fall: is not obfer-

148, n. I H' ved e~cept by, particular order and cutlome but in very few places. * I

{hall give one inflance more. The Apotlles commanded the feaR of Eafter to be celebrated uponthe Sunday after the full Moon which fhould happen after the vernal Bquinox : So the Well:ern Churches faid, The Eaftern pretended another Canon from S. ::fohn to celebrate it after the manner of the J ewes-and th?ugh they were confident and zealous for that obfervation upon the Al'0ll:oltcal warr~nt; yet the Well:~rn Bifhops at firll:, and afterwards rhe whole Church did force the Eall:erhngs to change that rule which they and their forefathers had avowed to all the world to have received from S .:}oh~ ; and it is obfervable that this was done upon the deflgnes of peace and UnltY,nOt upon any pretence that S.:}o"n had never fo given it 10 order to the Afian Churches,

in Canons and Cenfures.

2.6.9

CHAP. 4·

RUL E XII.

All thole Rituals which were taught to the Church by the Apoftles concerning minilleries, which were of Divine inflirurion, doe oblige all Cbri .. Ilendome to their oblervation.

1'1 Inftance in the Holy Sacrament lirA of all : concerning which the

Apollles delivered to the Churches the effential manner of celebration that is, the way of doing it according to Chrifis commandement: for th~ wor.ds rhemfelves beins large and indefinite were Ipoken indeed onely to rhe Apofiles, but yet tYley werereprefentatives of all the whole Ecclefiafhcal order in fome things, and of the whole Chrill:ian Church in other and therefore what parts of duty and power and office did belong to each the Apoilies moll: teach the Church, or (he could have no way of knowing without particular revelation. e

I. Thus the Apoll:les taught the Bilhops and Priefls to confecrate the

Symbols of ~read and wine before they did communicate; not onely beciafe by Chrifts example we were taught to give thanks before we eat.but becaufe the Apoftles knew that the Symbols were confecrated to a mylIery. And this was done from the beginning, and in all Churches and in all ages of the Church; by which we can conclude firmly in this Rule that the Apollles did give aCanon or rule to the Churches to be obferv;d always, and that the Church did never believe Ihe had authority or reafon to recede from it. For in thole rites w'iich are Minill:eries of grace no man mull interpofe any thing that can alter any part of the inflitution, or make a change or variety in that which is of Divine appointment. For the effeCl ,in there things depends wholly upon the will of God, aod we have nothing to difcourfe or argue; for we know nothing but the lnflitulion, nothing of the reafon of the thing: and therefore we mull: in thefe cafes with fimplicity and obedience apply our felves co practice as we have received, for we have nothing dfe to guide us: mem,ry and Dbedien&e, not J,fconrfe and argument ,are here in feafon.

;, And in this we have an evident and apparent pradice of the Church

hmded co us by all hands that touch thefe myll:eries: as who pleafe may fee

Ill' ifuflin Marlyr, b trenst«, 'origen, d S. cyril of ::fer"!alem,4I1d of' Ales-» Apol." a~ 41ldm, t s. B4{tI, s. Grego,) Ny(Jm de 'IIila Moyfi, g OptatU4 Milc'IIitalllll, A~ton,

h S. Chryfoftom, 'S. Ambro/e, k S. Himm, IS. Auftill, m Theodoret, n Grego- ~;~~:it~d. rl,t" EmifJenH!, 0 Greger] the Great, P Damafcen, qRemigiH!, r pafchil(tt14 and, lib, 8, COOlr. divers others, & abfolurely in all the liturgies that ever' were us'd in the f~un' a Church:fo that the derivation of this Canon from the Apoll:les is as evident Ca"~b.'l:& t· as the obedience to it was univerfal, 'inJoban.lib.

f lib. D. (pir. S. c'p. '7. glib. " Ccnrr.Par, b i. 1. Tim, Hom, ., Serm. de prodir, Jud. i de ;:';r~~.\ib+ C,t. k Ep. J. & Ep, a!, aJ EVagrium. 8< in Sophon. c.!. I de Trlnir, lib, !, c, t. contra Fault. Manich. lib. 2.0. cap. J.~. &. Serm, 2.8. de v~rbis Domini. m Dial. I. n Seem. ~. de Pardlatt:. 0 Dial. L 4· a. fR. , de FiJe.l. 4. c. 14. q in 1 Cor. cap. 10. r lib, de Corpore Domini.

Z 3 But

2.70 Of the power of the Church Boos HI.

4. But where the Apofilfs,did not int~pofe, there-theChurches have

their liberty \ and in t~0.re things ~lfo which ~vldemly were no part of the appointed ~itu~gy or miniflrarion, III thofe dungs though It becerrain the Apoftles did give rules of order and decency, yet becaufe order IS as vJrilble as the Tactics of an army, and decency is a relative terrae, and hath. tranfient and changeable fenfe, in all rhefe things there is no prefcription to the Church, though we did know what the Churches Apoflolica! did prachfe for they did it with liberty: and therefore we are not bound, the Chdrches are as free as ever I though the lingle perfons in the ChuI~ches can be bound, yet the Churches always, have liberty.

5. And indeed that is the be~ !tgne that the Ap,ofilts ~ave no perpetual

order in any infiance, and [hat It IS no part ot the infhrution or the mini. fiery of grace, when the Ancient Churches, who were zealous for the honourApgfiolical, and accounted every thing excellent that deriv'd from them, did differ in their practices. Thus the Greek and Larine Churches did always differ in, the Sacramental brea~" the Latins confecrating in unleavened bread which the Greeks refule: It either one or other had been neceflary they Ihould have been clearly taught it, and if they had, there is no reafon to believe but they would have kept the dtpo}itum, there beins no temptation to the contrary, and no diffiCUlty iii the thing, and no greJ~ labour [0 preferve \ the daily ufe of the Church would have had in it no variety \ for no traditions are furer, or eafier preferved then the ~"'nf1,,~l the 1fJatters of liturgy and the Rituals Apoftolical: which when we lind that they were unitedly and confemingly kept by the Ancient Churches,we may well fuppofe the Apoftles to be the lirft principle of derivation, and that the thing it felf was neceflary and a part 01' the religion \ but if at firft they varied; they had no common principle, an:l therefore they had no neceffity,

6 Thus that the Bilhop or Priell fhould be the onely Minifier of confe-

Erin, is, • cration is an Apoflolical Canon or Rule, ad qupr1lm preas Chrifti mpH!

jangllisqllt conficitllr, faith S. Himm : and the contiuuation a~d defcent of this particular from the manners of the Apoflolical rniniflration IS evident in thefore-alleged tefhmonies, Now becaufe by this conflanr derivation we can purfne the track up to the Apofiles,and from their practice and reaching of it we can underfland it to be the will of God, and becaufe this whole rninifiery is an act of grace and depends on ely upon the will of God, we perceive the thing to be neceffary and unalterable, we mufi look for gj'ace in the minifleries of grace fo as God hath appointed them I and therefore in thefe things the Churches of the fucceeding ages have no authority, no liberty, no variety, * That women do communicate in the holy myfleries is not fet down in the infliturion : but the Church derives her warranty from the Interpretation and order and practice Apollolical : the Church was taught by che Apollies to admit them, and (he always did it: and thefe thinzs amongft fober and modeft men doe fufficiendy prove one another, They always did it.and therefore they were taught it by the Apoflles: ana they were taught to doe fo by the Apoftles, and therefore they were oblig'd to doe it. And now in matters of falvation and common duty, the

Panormitan. in rule of the Church is, scriptura loq1lens in MaJc1llino procedit et~a1JJ ill ~3plt,M~Jo~s 'IEminino. There is no difference in fexes,and before God it is now as It fhal!

In pnnop.m J' I Ii A' h ' 'h I I'. I 'hh' b ·'1 lik

ro Noab. be in t iere urre"lOn,'t ere II nett er mil e nor) ema e Wit 1m, ut .. a I, e.

Tnae

in [anon! and Ctnfore,o

That the Symbols were 10 be confecrated, and who were to confe-

7'crarc; and who were to receive, were of great nece6ity to be taugh, and detenilin'd: and in all this we fee unityand neceJlity,authoricy and obedience, but when we goe beyesd this and the plain & neceflary & conllituent pans of the infhtution we find variety and uncertainty. .T hac bread is to be us'd is p1a1n : buewherher leavened or unleavened neither Chrif] nor his Apo{l1es have left in chargeor memory_ l-ha~ wine ,is to be blefs'd isce~tain i but whether mingled With water or not mingled, we are not.determvned by any authority. That che bread and wine are to be blefs'd wei are fure: but in what form of words,and whether by the myfiicprayer, orthe words of inflitution, is not deriv'd to us by fufficienr tradition, That the Lords Supper is facredly and with reverence to be receiv'd is tJught us. by the Apoftles :, b~t wh,ether this ~everen€e ought to be exprefs'd by taking it virgine {al/'tl4,f.1fiIllg, or not fafilOg, the ApofiJes left the Churches 10 their choice. In thofe things which did cooperate immediately co the gra,e of the Sacrament, in thole we were not to invent any ching,and in thotii we were tied to obey what was deliver'd us.

!. And thefame is the cafe in Baptifme, in which thac which was ,neeef.

Cary is that the perfon be baptized in water, and ill the name' of the Psther, Son and holy Ghofi : but whether the Priefr Jhall fay, lig~ tt bqtiz.o, as tile Latins doe, or Bapthet.r [er'tlUl clJrijti, as the Greeks doe, is indifferent: and ii the Apoflles had us'd any other little variety of words.yee if there was not in the lidl Churches an unity and uni veriality of pratl:ice, it is certain the Apoflles did not by their atl: or CanOD inread to oblig_eaU Chriltendome ; but rhernfelves did it with liberty, and therefore Co might the Churches after them.

$; For,excepring thole things which the Apoflles received from Chrill in

which they wert milliners to all ages, once for all conveying the mind of Chrifl to the generations to come, in all other things they were but ordinary Miniiters,to govern the Churches in their own times, and left all that ordinary power to their fucceffors.wirh a power to rule their Chnrches.fuch as they had, and therefore what ever they conveyed as from Chri~, a part of his dstl:rine or any thing of his appointment, this was to bind tor ever \ for Chrill on ely is our law-giver, and what he [aid, was co laft forever: in ,II things which he faid not, the Apoftles could not be law-givers, they had no' fuch authority \ and therefore whatfoever they order'd by their own wifdome, was to abide as long as the reafon did abide; but Ilill with the fame liberty with which they appointed it \[01' of all men in the world they would leaR pllt 4 film IIPO~ the DiJciples, or tie fetters upon Chriflian liberty, But in Divine Commandemenrs, and in what were the appointed minifteries ,of grace, they were bur the mouth of Chrift and Miniflers of IUs holy fpirit ; and in thofe things, what they cold to the Churches is our law for ever.

". Of the fame nature is the dillintl:ion of Bifhops from Pl'esbyrers;atta

the government of the Church by them .for rhis being done in the Apol\les rimes, and immediately receiv'd by :\11 Churches,who every where;a,ndey~r fince were governed by BiJhopsand by Presbyters under them, It,I$Mt onely full to be retain'd unalterably, and is one of rhofe great thlligs itt which the prefect Churches have nofibertyorautherity to make a change,

Z 4 but

'1.72. Of the Power 0/ theChurch BO?K III.

but it is to be concluded to be a law of Chrift,which the A poftles did co;. vcy with an intent t~ob~ige. all Chrift~ndome ; not onely becaufe the Apo. Illes could not in things indifferent oblige 01' make a law to fucceedmg ages for they had no authority and could not .govern Churches after they wer; dead and it was agamft the laws of Chrift that thecornmandements of men Ihould be taught for doctrines, and it is again It Chrifiian liberty, that a lafiing neceflity Ihould by man ?e put ~pon any. thing, .and the rucceeding Churches would be fireightned III the liberty whlchChnfi h~d given them, and in which they were bound to ftand fall:; not onely all this, but this was a Minifiery of grace, the Bifhops were for ever appolllte~ to give a gift hy the laying on 6J h~~ds: and therefore ~cre was an appointment by Ch:ill: and by Chrifts Ipirir ; for there IS not III the world a greater prefumptlon then that any Ihould think to convey a gift of God, unlefle by. God he be appointed to doe it~ Here then co.uld .be no vanery. and no libeny. this Canon Apoflolical is of eternal obligation.and the Churches cannot other-

wife be continued. .

II. But then in the appendages and annexes of this, the A pofiles did doe their minifleries ; they did invocate the holy Spirit upon thofe which were to be ordained: but in thefe they had no commandement what form to ufe, Impolition of hands and prayer were the neceflary and appointed minifiery ; for in thefe things the Churches did .not vary, but took them from the Apofile~ ~s the appoin.ted liturgy: ~ut with what for!TIs of words, and with the tradition of what inllruments, IS left to the choice and Of CO· nomyof every Church.

R 11 L E XIII.

In the Rules which the Apoftles gave to their Churches in things indifferent, the Church hath a liberty . but it is not to be ufed but for great realon and g:eat neceffitv, and for the edification of the people committed to their charge.

I THe reafons of this Rule are thefe two. Firft, becaufe it is a great re-

• gard to the honour'dnames of the Apofiles, the pillars and foundati-

ons of the Church, that there be not an eafy change made of what they In wifedome had derermin'd to be the meafures of order and decency. * But this is to be underftood in fuch things which change not, and whofe ~ltUre although it be not of moral obligation, yet the reafon that bound It firfl may be perpetual,and fuch which cannot be fucceeded to, and cannot be excelled. Thus the keeping of the Lords day,belides all the other reafons deriv'd from the nature of the thing, yet even for this alone.becaufe It ~e. riv'd from the Apoftles, is to remain fo for ever: becaufe the reafon being at £jrll: competent for which they kept their aflemblies, and gave that day to religion, and the fame reafon remaining for ever, and another cannot come in place of it, and a greater there cannot be, although the Churches

are

in Canons and Cen(ures.

are not in Confcience directly bound, yet collaterally and indirectly they are. For it would be a plain contempt of the perfons and wifedome of the Apoftles, befides the difrefpeCt to the myflery it felf, to change the Sunday FelHval into any other day ; fo~ fince there c.an be no reafon for fo doinO', and a greater blelIing then Chrifls Refiirrection we are not to expea agd a greater reafon for the keeping of a day then a thanksgivirig for thegreateft blelIing there cannot be (except a Divine commandement) the -onely reafon why any Church fhould change it mull: relate to the ApoIlles and therefore be no le!fe then a contempt of their per fans arid a leff';ning of their eminence; and could not be leffe then an intolerable rcandal.

I, The other reafon is, becaufe the Apofiles even in things where they

hadnoDivineCommandemenr, yet had the Spirit of God," the [pirit of', COQ.40, \ViCdome and government; and therefore where evidently there is not an inconvenience, or an uielefnefle, or an unreafonablenefle by reafon of the

change of times and circumflances, the Churches are on the furer fide

when tbey follow the practice and I'ucedents of the Apofiles, and have

the confidences of a reafonsble hope that fuch appointments' are pleafing

to Chrift, fince it is not unlikely that they were deriv'd from the Spirit

of Chrifl, But in thefe cafes the practices and Canons Apoftolical mull:

be evident and prov'd: For fince in thefe particulars of leffer concernment,

we doe but prefume and conjecture that the Apoftles were taught by the

Spirit immediately ~ if it be but a conjecture alfo that the Apoll:les did

teach or praCtife it, we have two lame feet, and cannot tread fecurely.

;, I {hall give one inftance in this particular, but it will be of great ufe, not andy for the verification of this explication of the Rule, but in order toconfcience, becaufe it is in forne Churches tied with Ilraight cords, and pretended to be very nece!fary, and of great obligation upon this ftock, becaufe it was appointed by the Apoftles: and it is the obfervarion of Lent l1ld the weekly fafting-days.

Of the Lent-fafl; and the weekly fafting-days.

4. The faft of Lent of all that are not pretends the moll: fairly to have

been an Apoll:olical tradition; and' if it could prove Io it would with much probability pretend to have been impofed with a perpetual obligation.

5. . Of the firft we have many teflimonies from the Ancient Fathers. So Epill. foj, ad

S. Hilrom, Nos Ullam quadragefimam Jecundum traditionem ApojfoiorumMarceU• tII~ Anno, tempore lIobiJ congruo jejunamw. So S. Lee, fl.!!oa ergo ill omn; Serm, 6. de llmpore u/fumqllemque cOllvenit JAcm Chriftianum, iJ nunc foOieitilH eft & 4°·' dlVotillHxequendum, lit Apo{loliclI inftittltio qUlldragint. aierum jejulliil im-

,il4lMr. And again, A S.zni1is Ap0ft,liJ per doi1rinam jpiritlH {Inili IIIa- Se,m, 9. lIra runt inftillllil jejuni4, ut per commune confortium "ucis cbrifti, nos

II/Am aliquid in eo quod propter nos liefit "$erem1l4. To thefe agrees 1ft· Origi •. I.~. c:

Jmll Hi1falenfis, Jl.!!adragefima illuniverJo 6rbe inllitutione AlPftotica ~b-'9' p, 81." firv4tllr circa cOIl(iniumDominicil pajiioniJ. To which DorDthew a Greek

Abbat does con Cent, Cave one1y rhar he [ayes more; for he affirms that the Bibliooh. p~ Apoftles did confecrate the Ieven quadragefimal weeki of faning. So that G,,,,:I,,. T:

here r, p. 19·

2.74

Of the Po'ftler of the Church

here we have four Ancient Authors giving tell:imony that the Lent-fall: was

a tradition or an appointment Apoftolical. .

6. Nowif it came from t.he.ApofiIes by way of precedent or authon,

ty, the thing .It [elf hath JD Its nature or appendage [orne advamaoesb which with much reafonableneffe we may believe it wasintendtd tg binr all ages of the Catholick Church. Becaufe the ufefulnelfe of it will be as much now as ever it was; and it being a Ipecificaeion of the duty of £111-' ing,which will never be out of Ieafon, and having always the fame c~mmon caufe, that is th.e precedent of Mofes and su«, .and the example of our Blefled Saviour hirnfelf, the duty not being relative to time or place and the reafon of the inllitution being of perpetual regard, and the ufeful: neffe very great, and the thing pious and holy, and ad de to rhefe all Churches ancient and modern having received it till now of late, it \\~ill be very like a duty incumbent upon all Churches and all ages to obferve this fall which the Apoflles with [0 much reafon.did prefcribe,

7.. And in purfuance of this we find fome excellent perfons in the Ancient Churches f.1ying expreffely that this infhtution is warranted to us from Chrifl, So S. AII(lin, The Cmfme or Lent-faft hall, an authnrityoJ EpHl. ll9.aJ d F aft hoth I1J the Ol.d Tejlament from the {dflof Moles .lInd Elias, and 0111 of Jan".r. the Gofpel (bec.auJe (o many dayes the Lord f.r(led) demonflrating that tbe Co-

in rbl. 11", {; I J d;1I". fi I, I d I, .

.Ipe aaes not '1/ er rom t e aw < an again, By f at numbu of fourty ill which

Moles andEhas and our Lord himJelf did [aft, w ... t frgnifitd unto U! Ih.twe ml~/f Ab(ltl1l2 from fecu/~r delights. The fame rhing alia is affirmed by S.

in 1[,;.1. 16. Hierom; Mofes and Elias in their forty d,tys hllnger were fillcd with the mc. l~. verfallon of God: And our Lurd himfelf fafted fo many days in the wildfrn,~e that he mIght leave to 1M the [alem» days of f.'/fll2g; or, as he lays in anotber

in Jonl: cap. 3. place, h .. r~dlt4tem nobis jejlmii dereiinqams; ad efllm corporis (ui (ub ha. numer~ 1112111140 no{fras pr.tp4rat, lellving to U6 the inheritance of r,fling, under thff 1Itlmbe, he p"pares our fouls for Ihe earing of his body. So ljidort, The firft is the faft of L01t, which b(g,111 from the f.zft of Mofes aNd Helias

and of our BI(fJed Lord, who faJled fo nWly days.· .

s. Now a~though thefe Fathers intend not to fay that our Lord did

command this [aft, but gave us a precedent and an example to imitate as well as we can ;he was the occafion why the Church took char rime and perform' d ~hat Ieveriry r yet the example of our Blelfed Lord cann~t be neglected, Without fin : 1!on mim,Fr,llrts,leve peccatllm eJl iNdiaii .f2.t!4d,.g_e{imam a DO??'tno non ]e]IIIJare,. & jejHnia confecrata oentr» voraciwe dif Jolvtre, &c. laid the Author of the 25lh [epmon in the works of S. AmhrDfe. It is IIOt II light fin nor to Imp the Lnlten-faft which WM indifl!d hJ Ollr ~ord, and With the greedlmj[e oj the befly t» d~rrolvf theft confwaud fajft1J!{-da_1s. For what does he de{uve that bredks the faJl which Chrift indlaea r If therefm thou wilt be II Chrifliail thou muJl doe a6 ct,rij! did. He that had no fin fafted forty days: and wilt not tholl who haJl finned kll! the Lmt-faJl! He (I fay) that had no fin ya fa{led fur OIl¥' fins .. Think tberefore 11J thy confcunee what II kind of Chriftian tbe« art, when ahr!Jf faJlmg for thee thou Wilt eat thJ dinner. This Author whoever he was (lor It \~as.not S. AmbroJe) Iiippos d that the example of Chrill was a fufficient indiction of the Quadragelimalfaft. But it is to be obferved that it is nor unuCual with Ancient writers to affirm a thing to be by Divine right, if

. th~e

in ()mons and Cen(urcs.

--------.--.---.~---------~

rhere be in Scripture but an authentic precedent and example of it. Thus when the Canon Jaw affirms in 6. de eenjiblM, cap. !i!.!!.anquam, That the Churches & Church-men are free from Iecular exactions not onely by humane but alfo by Divine right: which faying becaufe to our eares it mull: needs feem extremely harfh, the Glolfe upon the place does foften it, by

referring it rorhe [;1Cl: of:Jofeph to the Egyptian Priells,& of Arfaxrrxes to ViJ,Bell".lib. rhelfraelites.So that it is not intended that things of this nature be Divine l.d"kriLC. precepts 'properl~ [0 called \ but fuch which th~ Church for decent regard ;:~:~6ir~~tl takes up 10 imitanou ot [0 great examples: and indeed they are fuch, which

when the Church hath upon fuch accounts taken up, cannot be omitted

without fin,if they be omitted without caufe : for then they have autho-

rity when they are commanded by our Iuperiors, Bur the example of our

Blelfed Lord infuch e~traordinaries as thefe is but a very weak argument

to intrOduce an inllitution, ordinary and perpetual, troublefome and enfna-

ring. But of this that we may be rid at once, I will fet down the judge-

mellt ot S. AllftlrJ and of S. ChT_1foflom. In what fbilfl we imitate the WilYS S. Au". in ~r chrift? sh.d! it he in that mil_?;nificence in which God Wa6 in the JleJb i' Or Hal. 9"0. dm he exhort /U to this,or eX,lc1 of 1« to doe miracles fuch a6 he did ~ He did

not [.'1, Te Jh.ll 110t be my difciples ImleJfe ye walk l'pO» the fe.:, or u1JleJ!e ye

r.,ife to life hl1l1 tlist hath bun dead fOllr days, Dr ItnlcJfe ye open the eyes of

II" th.11 IVas born hlrnd. What therefore does he me-in; faying, Te mllft enter

by the doore;LeArIl of me, hecdllfe I am meek and hllmble in heart ~ thar's en-

rring in by the door, that's the imitation of Chrifl that is requir'd of us •

~ut S. cbryfo#of!' fays the fame thing, and more ~ertinentlyand applied to Hcmil. in trus matter or tafl-Ulg : He dOlh not (ay hIS fllft ff to be lmlfated,although Matth.47· he might propound thofe fourty dllYs Df his: But,Learn of me, for I am meek

Jlld IlIImble in besn : yea rather contrarily, when he [ent the ApoJlles to preach

thl GoJPd, he di~ not f.!J,Faft, bllt~Eat what(oever is fet be(or( YOII. Now

thiS argument ot our blelfed Lord s example being remov d, and it being

certain that from his example to conclude a Divine precept in fuch extraordinaries an.d external actions is the worll argument of the world, and it

being ex prell ely a!llrme~ by S. chryfoJlom that Chrift did not in his fafting propound hun felt as imitable by us, we may now return to the firft confi-

deration and pretence, and inquire whether or no the fall: of Lent wasa

t.radition and Canon Apoftolical : that is, not onely whether this did de-

ieen:! tram their practice (tor if Chrifls example did not oblige us in this,

~uch lelf~ could that. ot the Apoftles.) but alfo whether the Apoftles did

deliver this as a rule tor the practice of the Churches in all defcending ages.

The Lent-faft is not 3. tradition or Canon Apoftolical.

~. This firll appears in chat ~e find it ;tffirm'd often in Antiquity that

the fall:~ of the Church wer~ arbmar¥ and c.hofen , without neceiliry and impofition from any aU.thont}'. Which thing was obferved by $O&ratel, ipeakmg of tbe Lent- fall. Breaufe no man c.n Jbew if! IIfly record that there

W-". CommAndement conml1ing this thing, if is m4nife(l tlw the Apoftlesdid I·b .. plrmit It free power in the jame, leaving it to wrry oneS min' and choice, ~r~~~t.~~·, (h~( wery one m~l{ht doe whAt w,u good, without the inducemUit of fur Dr of ;

nlCe/lty ". For fo we ought to f~ft and to abJla;1I (laith fro{jm) that 1IIe I1Il1y

n6t {t,bmlt our fouls to a neteftty of f.lj1ing 4nd abftAiping, rhllt fPe milJ dcvi .. con"m· Ilot dt/e II '.;olllntary thing bJ an invotuTitllrJ devotilfl. :But of this we haveplat•IilJ ... ,,!'

elder '4.

2. 76 Of ibe power ~[ the C!!_~j!_!"_h

.~--------~--~---

elder reftimony: for when TtrtllUian [crap' d together a!l that. he could to

.juftify the Lents of M07Itanm, the new fafls which he for dlfct.pline would have had the Churches for ever to obferve, be lay'd hold UpOll the practice of the Catholics to verify Montanm his impofition, faying that the Catholic Bi{hops did injoyn fall:s fometimes and ex aliqua foUicitudilli, E.·cleft.-

;:~}?jun. jlic.£ caufa,upon th~ occafion of fome trouble or ".ffii6l:ion in the Church, that is, temporary tafts, or folemn dayes upon Ipecial emergent aCCIdents. He addes alfo that they kept the Pafchal fall:,the two days before Eafier, in which the Bridegroom WM taken from Ihem : but 111 thefe days they did Iometimes live on bread and water, ut oHique 'VidebMur, & hec ex arbilrio agentes & non ex imperio; they did thi; Hot by auy command, bUI by choice and It< they pleAS'd themfelves: for fo the Catholics did fay and believe, jic & obfer'7.laffe Apcft0l,s,nIlUllm aliud imponmles jugum ctrtorum; & in commune

Csp. ,. omnihus obeundcrum jejNniorum, that the Apoflles did faft as every ChriItian elfe did and ought ro doe, (X arbitrio; pro talJporiblls 6' cutlfi' unilljcu_ jlf4qlle,1U e'Very one had cau{e and opportunity_and will; but rhey irnpos'd no other yoke of certain, and for ever to be oblerved fafls.

Lsxe« sc lib" modlls "b(linrndi Penitur ClmElis : neq/le Ii0S (('(xrul . Terror impel/it: fila qll£mq'l( cogit

FcUe pote(l.u. s4ficit qllicquid facids, 'VocalO Numinis nMu r=. IlIchodre, Sivt tit men/am rel1/l,1$, cibuJ1lve

Slim!" testes,

Cathemer. So prudentius,exprelfdy affirming that even in his time there were no laws

hymn.S. of Iet and annual fafts : for that very dung vlifor .lntl0chcnu~ makes to be

in Marc. cap.a. a difference between the Old and New Teftament ; for the faithtull in that

time had fatting-days appointed by Goc,qll.£ proind« modis omnibus explm obligahdnltlr, etiamfi dlia~ nolaifJent, wh~c!J Iht_Y were bOlend_by df111lwJS to ob(er'Ve though 4gamfl their Ivdf I but uncer the Goipel we tafi by t~e love of vertue, and the choice of our own will, rather then by the coaction ot

Ipill. 68. ad any law •. For·qlliblts diebus jejlmd"dH1/J fit nullo Apo(lolorum pr.tcept,dlCafulaaum. finitum reperiri ; Iaid S, AII(lin; wlut d,IJs we are to faft IS no where 10 be round determir/ d by any precept of the Apoil/IS.

10. 2. This alfo appears in that we find the original of the QUJ,bgefi-

mal or Lent-taft attnbnted to other caufes and begmnmgs then the UJdl-.

,.Bat.n.c.lo_ tion or Canon Apoll:olical. CafidlJ Iayes, that as long as the perfec7lOlIeJ the Primiti-ue church did remsi»; there J~M 'IV obJu'Vation of a Lent-lAP; forth!y who /pmt the whole year in abftinenot were not tied wit" the lIea/'ly of II precept or legal fanl1i~n_ EM whm the multItude ~f tke beltevm t'Very day cooling in their dwotion did brood lipan their we;rllh .•.•• ld tunc IIm-

. 'Verjis facerdotibus placuit, then it feem'd good to the Eijbops 10 recsl men to the work of holineffe by a Canonical i1JdiEfim ~f f4fs, and to f.1w to God tlg

Cap. 9. tenth of their days. So that rhecanfe of the inftituticn of this faft .':,as the univerfal declenfion of the Primitive piety: and the Authors 01 It were rhewhole confent of Bifhops, Something like this was that of S. dry" foflotN, who complaining of the diminution of. the Primitive heats 01 Fir

., ty, and their unworthy communicating, efpecially at Eafter, ad des, """el-

rn Vee. Tell. ~'" , '/2" , -", ~, " 'J' Uh,i-

T. 5. Ham. ind'c$l1v OJ 11U/TEP6PTWl (3AI%;FwJ'T.w.J ')'H'op.avWJ CK 'T7IC "IlJ'-f, .. >lp.aJ'n; ze;arJ I b'," .

~~ qui Pafcha . ~~ etnJ'7lWtTa.' ;'pAeJ!.i 'IJOJtlJei.'J{9l'~JlYI~;IZ~) fU xwr, d2(,eJid.r;:r4;,rrWJJrJ~y, &,. JC)Uf'...tut. WIJ~/l

BOOK 111.

----:-.. ._----_._-----

in Canons and Cenfures.

-.~- .. --.---

CHAP. 4.

2.77

When the Fathers had obfer'V'd th: hurt that came from fo carelefJc cosven-

t ·ons Jhey meeting to~ether appomted forty days for faftmg alld prayer and

learlng Sermons, and/Joly aiJemhlies. S. AIIJlin does not, as Calian, impute

:t to the [anction of the Biihops, nor to a Council of the Fathers, as. 5. Chr1(0#om, but to the cuflome of the Church. tit qlladraginta illi dies dnt/r.J[cba obfer'Ventllr Ecclefi.£ confuellldo roboravit : Sic etiam ut 0.10 dies Epin. I 1;1. ,,' Neophytofllm dijlinglldntllr a ceteris; The cllflome of the Church hath efta- )'"U". bli~ed the obfervation of forty d~yes before E.tj!er., and the eight d,ryes dfter

EltJler for the Novices. Both hom the fam~ principle, But it was not the

authority of the A~oll:les,but the cuftomeol the Church that made it into

aLt\l'. In Ireness Ius time there was a cuftome of fafl:mg about that rune, 'pud E""&.li •. for one or tWO dayes or more, bur it 'YJS xa.8' ~'7i>.o"mrm ~ ;J'j":71t7p~d:: t7v.Ml~ j. ;:q>, !.~. ~Ia; a jimple and a private cllft0me. But when It was made, It was onely

for the imperfed,lnd the men of the world that Ipent their year III gather-

ina money and mifpent their time; they onely were intended in the Con-

Ili~ution. This we have from S. Hierom, jeJlmi.~ a uiris prudentillts propter in G,b,.I. ,. (OJ cOIlftitllla f~i«e qui magis ftfC/l~O 'Vacant qlW1J Deo, Some.pru~ene men

appointed the Iolemn fafts for t.helr ~akes who fpem d~eir nme I? the al-

hires of the world, more then in religion, And Iince It IS confcntmglyaf-

finned that the great end of the Lent-faf] is for preparation to the

Ealler communion, what ufe (at leaft to this great purpofe.) can it be of to

thole pious perfons who.communicate every fortnight, or it may be every

week in the year ~ But It IS true that the great end and miniflery of the

Lent-fall: \\';IS III order to the Eafler communion, but it was of Iuch perfons

who being admitted to publickpenance uponAJ11wcdneldaYlVere reconcil'd

~nd admitted to the communion upon Eafler- day: which cuftome being

not in ufe the ufe of Lent in order to the chief end to which it did mini-

fler ls wh~lly 1011:. It was therefore true which ~. Hierom [aid, that Lent

WlS for the imperfect and Iecular perfons.for publick pemtents and perf?l!s

(on via of Icandalous crimes, for men 01 the world, and not for the religi-

ous, who every moneth or week obferve the religion of Eafler, and live in

aflate of perpetual preparation. Perfec1i non tcnent ur lege jejlwii, They

that ali the year liv'd ftridly were not bound to the obfervarion of Lent:

fo Co1{iian ; and from him" l(1dorll4 HiJPalllljis and t R,lbamu M,tUrM: and • d~ OI1ic."Cthe (arne thing alfo was affirmed by S. • ChIJfo(lom, from whom Ca.fi4il,.~I~; ~·nUi~:;6. who was his Icholar ,might receive it, .. :. Cleric. lib. ,.

cap. :'0. II" H 'I

11. ,. Some of the Ancient and Primitive writers affirm Pope Telef in C.~~~I:· 10.

plJOr/JS to have been the firft author of Lent-fall about the year I 36. So.

E"febius in his Chronicon affirms, f2!tadragefimale ]Cjllnium a TelelJhoro

fir hoc tempus illftiflltllm Ire pr.tceptum qUld,lm fmbunt, Some write that Ttfl/phorus commanded the O!!_adragelimal faft.Sc4liger believes this not to

be the faying ofEllfebi~s,a~ n?t being to b~ found i~ the Greek MS.copies:

but however, till Scallger s tune It was m the middle ages of the LaM

Church and fo downwards believed; and It was affirmed exprelfely by. ub; iupra,'

• Rabantls MauTlu and t Rupertus. "p. ~4. tdeDivin.offic,'

I). 4. The Thing and the Name was unknown in the C~urch .in the fira \. 4- c. 9·

three Ages. This is very apparent in TertuUi.m, who making his apology

for the fafling- dayes of MOlifAnlls, Iayes they are no fuch great matter ~hat

the +":1::'''0; the fplrit/lal men (Io he calls the. c_atholm) Ihoul~ complain of

them as of [0 intolerable yoke upon the Dilciples. It was out ten dayes

. Aa m

Of the Power oj the Church

BOOK HI.

Sczcm.L 7. in all , two weeks, abating Saturdays and Sundays: and Sozomrll fayes "p. '9· thefe rwo weeks were before Eafler. Now if the Catholics had known of Pl",··inh no; s our Lent then, of forty dayes fall, they would never have been fo un~6;r'p . p. reafonable to complain of the ten dayes of Montllnus \ and that was all he Tertull. de jc- imp as' d in the whole year! let the time be when i.t will •. And yet this was jun.colS· more then the Catholics did; for when from their practice (as I noted be-

fore) Ttrtlillian would fain have drawn fome warranty and countenance, he fayes that the Apoflles did not quite extinglliJb aU difference of dayes; for if they did, why did tbe Catbolics then obferve Baflrr every ym ? why .the fifty

dayes of joy after it?why the wedne[day and FrIday fafl,and(good ~lIdayorJ the preparation-day? and 'l!'hy the SllfllrdaJ fafl? th01lgh 11I~ted thu ye never flfl bllt at Eafler. Here IS all the folennities ~ot.h ot feaflings and fallings which the Church then had: and therefore It IS eafy without much diligence to difcover t~e weakneffe of ~hofe pretences ~vhich der.ive from ~ore ancient record, but indeed are nothing but deceptions and InterpOlatIons. Such as is the 69th Canon Apofiolical,which commands the obfervationof Lent to a Clergy-man under pain of depofirion.ro a by-man under excommunication, Hut the irnpoflure of thefe Canons,efpecially of th~ lall: J6, amonsft which this is one, are abundantly acknowledged by men ot all per[u3lio~s. And fa is that of S. [gnatills to the philippians, Defpifl not thl Lent, for it cO/ltain~ an imitation of th.e conver(ation .of. our Lord .. ~ut of

D'ffi ad this Epiflle the Ancients make no mennon, and that It IS fuppolilltlOUS is

• 19:"~~~,p. I '. very fully proved by the learned and moll Reverend Primate of 1rdmAgh, and it is fo notorious as nothing can be more; for the author of chis Epiftle condemns that which S. Ign4tifls and his neighbour-Churches did, and calls him a companion of them that killed cbrift, that Imps Eafllr afm the manner of the ::fews. But of this enough. But as to the thing; If the Lent faft were of Apofrolical infhtution.it were frrange there Ihould be no mention of it in the certain writings of the three firfl: ages; not a word of it ill ::fllflin Martyr or S. Iren.cfls, in Tcrrullian or Clemens Alo:andrinrll, in Clemens Romtl1ll1S his genuine f: piflle to the Corinthians, nor in S. Cypri~n. There is indeed a little Ihred taken our of origcn's tenth homily on Leviticus [BabemllS emm quadragejimll dies jll"niis confccratosJ we havctht daYI! Df Lent dcFgn'd for [afling. But concerning this Jean onely fay that the homilies were Iappofed to be S.Cyril's,1I'ritten in thefifth age and publilh'd in his Name; but whoever be the author, he that wrote them dell:roys the letter of the Scripture all the way, out of his own brain, and is a mm

de verbo Dei of no great authority, fayes Belisrmine : and therefore it rem.ains certain. lii>.;.C.11. that in the three firft ages of the Church there was no mention madeoi the quadragefimal or forty-dayes fall in Lent, and therefore it w~s not deriv'd as a law or by rule from the Apofiles: but fo Ilr31lge a rhiag It was that there Ihould be any common prefcripr fafls, that ApoUDnius accus'd MontanllS for it, he was J,I-ri1;a., ~.~'1f" 'J4w,," '.'! ,""I'" ,oP9~rIZt" he tAfljht 'the InlMions of marriage, and made a law for fafling-d~yes.

C'P·14,

J 3. 5. The ~~dragdimal faft was relative and ever in order to the Eall:er

feall, and therefore could not be before that for whore fake it was appointed. But the feafl of Eafler was, and the Sunday feflival was imrodac'd by cuflome and arbitrary cboice, for relaxation of labours and the.rnem.ory of Chrills refurreCl:ion : indeed it was at the beginning of the diflemination and prevailing of C hrillianity, but it was without a Divine command,

Lb._p.o.. or an Apoftolical Canon, if we may believe Socrates. TW} ;.pluJ, 'fit -%"

CHAl'.4. in Canons and CwfureJ.

__:._-----=-

=; IX. 01 tZvBPOJ'1TDI ••• e)(9-iDl)(g.~ 'X(JJ'ert; rus e{3f:JAn::tt,(HJ.V, •• ~~a&,)'TfJlO>f'?T8.nl\.ecmJl~

.... 9( , -t """., , " , A rh

I \ J!~f-'(J.} 'T\;'11I '7Zt(.e,9-tptJActTlc-£1I 0 "",",W711P II Dl A7ITJ;o"Ao~ "I1fi-IV 'lJTX,fll'}'')tl a.v, '

?/"D! iaflcr and other feafls, every men M they plw'd in Jeveral places J;'~ gut of a certain cuflome celebrate the memory of the la/Mary ('alion. For

thcr our Saviour ner the Apoflles appointed this by a law. Por the Apo~Ies did not trou?le themfelves about making laws for feafis, dM", /3;., , "-', i. 'flu; ,s.,o;,/3,,, .. , """')m""~,"I, hilt to introduce piety and a good life. th~r~ft was permitted to the good will of the Churches, who bellig [enfible of the great benefits of Chrifls paffiou and refurrection, would quick-

ly introduce a cuftome at fuch a pIOUS gratitude.: and Nicepborus tels therlill.lib. r a. [lme Ilory, and m words very like., And the thing was not lon~ 10 doing, c. 1'.

't was fo reafonable, fo PIOUS, Io OlWIOUS, [0 ready and prepar d, that at ~heverybeginmng all Chrifhans did it, though, as it happens, in Ieveral

Churches atrer feveral.rnannel's. An_d fuppoling that thefe Greeks fay true,

vet it is no more lellening to the facrednefle of that great feaf], that the

Apoftles did not intend to make la ws concernmg it.then It IS to Baptifine ,

that S. P.JItl fayes, elmfl [en: him not to baptize, but to preACh the Gofpd ;

that is, though to baptize was ~ holy office, yet he was t? attend lom~-

thin" that was greater and requir d his diligence and pretence. But [hili

add:S Iome moments to the Ircrednefle of this and other Iuch fealls, that

the Apofrles left it to the pi.ety and good wil~ or the Churches, as knowing

IhH the Spirit of God, which they had receiv d to this and greate~ pur-

poies,wJs more then fufficient tor the leading them tnt? a Ipecification of

their piety and gratitude upon Iuch great caufes : and It w~s a very great

matter that inflantly all Churches did confent in the duty, withour any law,

or common teacher, but the Spirit of God anJ right reafon, The refule

of this confideratiou is this, T hat if the Apoflles left the celebration of

Elfier and other feafts to the choice and piety of the Churches, it is not

likely that they bound the Lent-fall by a Canon, Iince the Lent was always lLknowleged to be a preparation f~~ Eafter, and was never heard of before

therewis a Chriflian Eafler, But If I may have leave to inrerpofe my con-

jecture (for it is no more) I fuppofe Socr:lw by Pafch.1 does not mean the

dw of the Refurrection, but the day ot the PatTi on; and that he intends

onely to fay that the Iolemniry of the good-Fridaydevotion was not ap-

pointed by Chnfl and his Apoflles, but left to the piety anI gratitude of

the Church. The reafons of my conjecture are thefe, 1. Becaufe Socrates

ells it I'-"nl'-lm .n; QO!'l11e,.wJ'"; =~"; the memori.d of r::hrifis pa/ion; which

the Eafler Sunday was not.but of the refurrection. z. Becauf~ we find ~he

word p.,fcha us'd by the Ancient Fathers in the fame fenFe;'1Tl "'""Z'" l'?"")~V

Iaid Timotheus Alex,mdrilllls, to f.rfl on the p,,{<IJ: [0" "n;""" '11i 7J''"5t'"'S,

Clement calls the good-friday fall,the pafchal f.,p,l1leJning that then began

tbe jewiih paffeover, and then Chrifl OUI' ~alfe0ver:VJs offered for us. So

Ttrtullian; Sic & die pajch.t, qllo «mlllllmS 6~ ']lMjl p"blJca JeJunll. reltglo lib.d, 0:", c, IJI, meritodeponiml!S olcu/um, &c. The day of the Pa[c~ IS a publick and 'i.

a common Jay lor the religion of failing; whichbecaufe It was never tr~e

of Eafler-day, and being always true of good-friday, he mull mean rhis, .

3. Becaufe It is very probable that the Eafler fellival was IYJ "Ie,though not Vl.le Iib. , .• (omm,mded,in the Apoflles time, therefore becauie they kept. the memo- J~P:;,,'b.~~:e rial of the refurrection the firll: day in every week; and therefore Socrates ,6.

could not in all likelybood mean that day, but the Pafch4 pafiollis, the

PJ/ch,11 p.rj5ion, not the Pafchal refurrection •. And then upon th~s account,

though this fifth argument will not prevail.ir IS becaufe we need It not; for

~ A a l whatever

OJ the (Po~er of the Churcb

------~--~---------=

wha~everdelhoys the premiffes in this cafe, does eftablifh the Conclul;;

F_or If byPIIJchtl he means the Pafchal fafl, that IS, ,good~Friday"then h~ gives teRlmony,and that very confonantly to the pnme antiquity that't was left free and undetermi~' d by ChriR an? hi~ Apofiles : but if h~ (houl~ mean the Baller feaft, and d~d fay true, yet It will foll?w from hence, that much more mull: the preceding faft be left undetermin d.

14, 6. If any man fhould fay that Kings are all created, as Adam was in

full Itature and manhood byGod himfel! immediateiy,he could bell bec~n_ futed by the midwives and the nurfes, tke School-maflers and the Cervants of the family, and by all the neighbourhood, who Caw them born infants who took them from their Mothers knees, who gave them fuck ,who carried them IR their armes, who made them coats and taught them their letters who obferved their growth & chang'd their minifleries about their perCons' The fame is the cafe of the pre Cent article. He that fayes our Lent Or torry days fall: before Eafler.was eflablifhed by the Apoll:les in that tud o-rowth & fta_te IV~ now fee it, is, pertectly confuted by the teftimony of thot:fe ages that law It s infancy & c1uldhooJ,& help'd to nurfe it up wit's prefentbulk,

15. ,For it is not to b~ denied but tim from the very firft ages of the

elm.lban Church of which we have anyrecords.it was with Cacrednelle and religion obferved that before the feaft of Eafter they Ihould fall:.TlW ,n",., 'T~ ~;t~ S1- c..l~m.ent cal~s it;_<7Ui ;z;,.~J'E.J"o.p.ev~; ~'n)EJ'a.; ~:'~ 'II 'l91~'IJ\)~ 't'Jio.(tr;- 1IrJ1-'" ct; u"'" '7)1< ExxAn .. '<o" 10 the Council ot Gallgra about the time of the

, Nicen« Council, the.fajis which were delive1'ld in commo»; asd ,bflrvldhv spud Socrat.lih- th ch l " , 'J . d {' rft t: if! J a, Hill, "P, l' e urcn ; _, W€)III-''''!-' "n,,'''-', tne appOllite J d S, 10 Con ,mtme call'd

them . But this Pafchal taft was nothing like ours.it was nor OUr c_,uadrage· fimal , It was but a f.lll: of one or two days at fi.rll: and in Come places, For at firfl the Chrifhans were very fhie of receiving any load of ordinances and burdens to their confciences, as Coon as ever t.hey had entred into the libe~ty of Chriftians. They did all that reafon, and all that love would reqUire: but If love was the parent of their obfervarions, they would doe them 10 love,and not in neceffity, lef] they Ihould be again inrangled in a yo~eof bondage •. That they kept their f;;ll:s with liberty.betides thefore-

lib, 5. Hrereric. go!n~ tefilmonlt'S: I~ e:,preffely affirmed by Theodoret , who blaming the fabul. "F' '9' heretics that abflain d trom flefh and wine as being abominable, Eccle{t4 oero (faith he) de hu nibil pr£cipit : ,1Ieqltc enim horum flfum imerdsctt. Ideo, alii q,udem permifis :?oluptatiblls IeCtlfi [muntllr, alii vero abftl1lell,t : & nemo 'I'll reBe fapiat cOlldemn"t cum qui conudlt I l1JnJ & abjllllfntta & participatio fullt in melltu poteftate. But the Church commands nothing 10 thefe things, and forbids not to ufe flefh and wine; andtherefo~e fame enjoy them freely, others doe abflain, and no wife man condemns him that. eats: for to eat or to abftain is in the power of every

, mans will: Now.lf the Church had from the Apoflles receiv'd a law of the Lent-fafl, or It 10 the Church there had been a Jaw to command abflinence from flefh in Left!, it had not been truly faid of Theodmt, Eccleft:t de hu m~tt PUClpit ; for ~ commandeme'nt for a time and a revolving period, certaml,Y ~s a commandement, But this further appears in the variety wIJl~h IS m all the aCtIOns and millds of men when they are at their o\l'n cho~ce. Of thiS a fragment of Iren£tU mention'd by EllfebiM is a great

lib. I· Hilt teftlmony: for there had been an unlucky difference between the Weftern cap_ .6. anI!! Eaftern Churches about their ke~ping of Eaiter, and Pope Vieor wl5

, tranfported

BOOK iu,

2.80

-C--4-----'- '-i~l{;;~-OnJ and Cenlwes. 28 I

HAP. ' ~' ~-- __

tr;;;!1orted,into I,e;!ts upon th~-qudhon;a;;frecehed'freimS. Ireneus this [obetadvertifemem, }'or there.is mt onely acontrove,fy ilbollt the d"yo/ E4cr, blil abotlt the kind of f4ftillg, For f~me fllppafe they ollght to faft,

b'lt OIIeddY, otbers 111'0, others 71I0)'e ; {ome 71Ica{im their day bJ forty hours oj

j,'j 411d night, And this variN:jof them thilt obferve the fafts did 1I0t btgln

.' I' MI' bllt /0/1(; br/oY( 'IS !Vlth our Ancellots, who, 4i IIISltkely, rel,UYI1l1g tlJO'~'o,';;e illfrodllC'd by 1mpli'~'t ,wd If priv,a.ttr'fhoia, ,did proPd~dte it to

a (1'1' '" .I' h .r: I 'd b/ . J

oft/I'il). Arid sct ncverthele e all t eJe"i.'IJ .. p,eil'~d y OijC,Wl1 allOltJer,

~lId we ,tiro keep rem IW7el.'~e~ ; [orthe dltfer.~~lceQI I/;e I,'}f" fo lar Ironl 'Vio/Jtiilg the :'grCCItI'.i11 ,~t (,III1l, tbM It does, ctmJ,mend II ,,.,'Ih,r, He:e was the p;llt:hal 1;(11, oblerv d by all men, bU,t With gre~t V,H'';ty ,:nJ ,1 P'?po,· tionate liberty. -ne c,l!lfe of the variety was this, Whl~h was alfo the oround of their p",,',tic~, They thought that the words of Cbrifl, [when

fill bridcglWw flull f" I ,t'" from ihem, in thofe days .Jbafl they J.I}fJ \~'ere. .

lobe meant ,/ the in/t) V"\ of Clrritts death and b~nal,.aswc learn from lib.de jejcn. r"tul/i411. No\'.' utl,mk it was but onewholeday t!la~-Chrift was III the c. 14, grave, Ierne M'tca but one day, beginning onrhe flnday,afternoon<:_Others

confider rhat Chrifi was about 40 hours dead, and [he bndegro,om-1:vJs ab-

ient 10 long; and therefore reckon'd thell'lall: to 4,0 hours,be~lDmng.trom

the ninth haul' on good - Friday, & eating nothing till the.n)Ofl)lOg at Eafler

day .and this was the mof] Ievere and the Ltl?ft;~re~all(l.Jg :lInongll: them;

sndrhis is the "'''''''1'9-''..9''' the quadrJgelimal tall; tbls·.~a'!,e 0culiLJIl to [he

anne, which was kept when the forty hours was dlQng d mto fortydayes,

and new analogies :lna new reafons found out for If, anti;t.lltll' fafilJlg tor [he

Mtnce of the~bridegro01l1 was chang' d into a fafiing in imitation of Mo!es

andE/i,u aud our Blente! Saviour in the wilderneffe, Onely by the way

let me obferve tlw at fi 1ft the Y had no appointed falls, but of thofe hours

inwhich the bridegroom was taken from them, that is, none but the PaC- . ,

~ "I ffi '1/ d' " .. d 't ! 1> lib, de jejun

(hal t';tft ; as Tertlllli"il t:-:prehe ya nns, ~IIOS us JCJllnm.eferm.t~a o. ,11- "P'" .

"De ill ql!iblls ,d,/,aus I'll [pon(rIJ, ir hos cUe Jam j%llegltl71l0s JCJllnlOrUm

Chrifii,1i/'" "111, Tf,c c.ol-olics h"d lIO 'other da,Ys. appo,llted [or (djfl1lgs, 110

Ilhrrovt'IC t lrc /,:-:i!j'I],lle f.!fiingd"ys forCiJrifiw,s (as-they thought) bllt

Intly 1I',«e in w!'itf, the BndegrOlmJ IMS uke» from/hem.

16, But S, Ire1l411s Iaid that fume faft one day, lome two.and others more;

Some kept the whole,fix days of the Paflion week ; w~ find lIlentl~n,~la~e

of it in Di01lyJins Alexandrines about the. 2551" year ot Chrift, ""';.~ 'TTP' 1I'il1.,,".30 "11';;;"""1'9-" the fix days of faflillg; but he aflinns that all doe not eql~ally Bald, oblel've them. For fame tall: all the fix days, Iome two, ferne three",lome

tour, ferne none. But by Epiphallius ,his ti,lIl; I he !aR ,had, pofels d tI,1e lib, ': r;r/whole fix days almoft every where, ,.,..., ,~ "f'-'eJI-' 'TIl ""'xct C4I ~nePtp"'?Ast-""" , ,. ,75, """life,,,, r,w:''TE; 0; IIctO:, All the people ;pend the fix days,ofyhe Pafch,or

hl/o),e Eajier,ill dry diet .. but by this time the word 'li0J~e9:lt9'" or ~adra-

geiima had prevail'd, and was us'd to lignify the Pafchal faR. The word

was us'd in the Council of Nice which commanded tWO Synods every year

to be held in the Provinces, lnd the firfi of them to be Co 'TfOJel'9-'t9lj"~ ifl

the J!.!!udragefimdl f"fl, But this did not lignify the fall: tlf forty days, fox

that was not yet brought into the Church.

17, But firfi the matter is c1elr that the word ,~adragefim~ is often us'~ iii

nntiquitv and by other good Authors to lignify a ~e[ time?t faR, but plalll- .

Iy lelle then iorty days S Himm t1yes th~t rhe Monramfis doe make tres Erin, 54. ,d

. , • Aa 3 inM•rcd,

28_~ O~~_t_heJo~e~ifth~~!ur(h~ B_o_o_K_ll~1.

in anno 111i1drA§eft7l1d4,~hm:Ltnt$.; and yet two of them were but of five dlYS apiece, and . whether the third was-more or lelfewecannot tell: and Jj~. de jejun, th~s Tertlllll4l' ~Ialllly' l)ffirn1~" who. was 'b,lmfeif a Montanifb, And this

<.15· thmg. al(o. c~me.lnto the prachce·of. Ierne Csrholics , for they did fo tGO in

. . _ the nme of A11I.~ldrltU, they, kept ~res qiladrattfimo, three qltadragefim.t

\~~t:dc~ ~~:c. fll{fs; and yet that before- Mldfummer"and' that .before Chriftmas Were

much (horter then forty·days.o. The fame word IS feveral times ured b ,! :~I';4.J.';n- 'I1I1.bdntls Milarus. and b. DlI(awtiuj., But thatt~e ufe of the word may be 11; 2;ib: ~~I~';::~~ prejudice to the fight utidel'ftandlR~ of the thmg, we find the thing nored 1\,1. de "400.' by e S O~ri1te S and wondredzt-exceedingly ,.that fince there was fo great diffeDominic renee 10 the number ofdays; yet all alike called It TfOJep,,"Ys,luJ, or t". ~.~~~.hb. 5· qUddrageftmal faft; The fame alfo we find in d Sozomen; noting that fom~ dlib.7.C3P"9' did onely obferve three weeks of five days to the week, OUt of the number

of the Ieven autepaichal w~k's" and yet nevertheleffe called it i2!!ad'mfi- 1114: and the fame alfo we find;m Nluphorlls, who (I fuppofe) tranlcribl'd ir from thermand in-C4fi'ian's·~iffi.e,:Wheh the Lent-fall came up to the number

in notis ,J of 36 days,yet he ftill calls, it ·the fl.!!adrtlgefima or the 40 d'lys fIji: and it

"[""Ii. ,Ie is no wonder, if Rig41tifls L1y true,' that all the fet and {buonar\, flfts of

jejun. the Primitive Chrifhans were called f2!!adragtftmtds. But the 6'fft ufeof the word is in-the Ntcen« Council ;' unleffe the words of orirm be allowed to be good record : 'but 'ye'd:1dth 'iri'Origen, and in the ilicllle Council though the word he us'd, yet without any remark of the number of th~

• A. P. 460. days, or intimation of ip, umillrhe-Counci! of Laodicta", which mentions C"'·5°· more weeks rhen onein the lent, commanding to taft alfo upou the Tharf d .. yof the ltlflnwk ill Lent.' For by this time it was COme to three weeks in lome places niore.: and' in fome leffe, as appears in Socrates, Sozomen' c4i,m and Nicephor,1S above quoted. '

18. But for the reafon of theword ,Q_uadrdgejim,1 there are variousconje-

Cull". a r. dures. Callian. CloYS it is an imitation ot .Chrifts faft of forty days, and [0

"p. .s. "J'

had the name from thence. But he addes fome little Cabalifbcal things of

the number of forty in the Scripture, which are to no great purpofe, But his firfr conjecture is not altogerherunreafomble , and RigaltiHs makes ule of it, laying that the Apofrles having obliterated the ]ewith fafts,towhich Chrifts forty days faft pur an end.and aflerted us into liberty, they would upon that day on which Chriftwroughr our liberty for us,1iailing the hAnd· writing of ordinances to hi> CroJJc, confecrate a faft to the memorial. of this great work of redemption for us ; [lit obliurllti5 :jlldllorum SahbAtH jljunia fua chrij!iani, qll11 Domino fill tamula pro tanti; offmtnt, de jlJ/mii Deminici(patio vocitdrentJ that the Chriftianr might call their faft hI a ndml tske» fromthedurdtion of the Lords faft, that jina they could 1I0t attain ~o that greM faii they might at leaft have it in- vemrahle mtm~r1. But chis although ir beingenious and pr.etty, yet it is fomething violent, and hath nowarrant from antiquity \ and the queflion is better anfwer'd from the words or Irensns. in Ellfebills, who Iayes that they who kept the Pafchal fad would fome of them produce the faft to forty hours mow the whole faftbdng in memory of the bridegrooms being taken away, and he having been abfenr, as they computed it, forty hours, this proportion did better carry the analogy,and therefore ealily carried away the name,and a qnadragelimal of hours is as proper as a quadragefimal of days, and hath abetter warranty then any other conjecture. But this I remark'd before.

But

G;r::4. in Canons and Cen/urn.

----------~~--------~------~-----------

- But aftenvards the number of weeks increas'd : it came in fome places

19· to fix and feven weeks; fo C"jiall.But it was diverfo m9Yf, for [orne would Collat.1I.'.>7.

fall: Slturdays, and forne would not; but they made it but to be 36 days. ,

however: Io we find it in S. Gngory, that 42 days were the appointment of~~~~'~·l~~cm,j. Lent but taking away the Sundays, fix and thirty days remain for falling.

But i~ all this whole affair there was nothing yet univerfally determin'd by

any law of the univerfal Church. For in Rome abollt the year 437 they

fi,fttd bat three wc',..ks before Eafter, [an? out of them they excepted Satur-

days and Sundays .J But In Tllyr/cllm,1n Greece & • H« d~uf;d.' "Je,·jwrrnl,,,. non [".0; 'pm,,;, 'I Xlndria the. beein their Lenten f.a{l above {Ix ""m p;~' ."""!"n"~ de E(d'fi" G',I:<' $' Alex» p. t . J..., . k 1_ r. m,.{llrl.t IntcrrCr1. Viieu le(f(!r Htrgonem M~T1arJVllks beforr Edftc:.others begrn {evCIIlJlee s "t,OU duminnClj, "'lGrrgor .. s."rdm.~111 aum aliter Eajler,b,et fuft by inter-eels, and ob[erve but fifteen emen.t" /",.;. I"um ['Ill mend'ium.

d.'Ys ill all: alld yet all call thit the quadragefimtll faft. So * Socrst es, And ·lib.l. C, ' ... s. cbryfoflom fa yes it was the cuflome againft Eafter to ask everyone how Homi]. ,6. ad many weeks he had fafted ; and you thould hear Iome anfwering tIVO, Iorne pop. Anricch. three, rome all. For at Conftalltinople the Lent was long eft : It was of

[even weeks there aud all up unto phll/nieia, as SOZDnlcn and Nicephortu re- lib 7· c.'9. port; but all t!l~S while with liberty, by cuflome, and without a law. S. !lb .... c.;4. tlfljlin tells that 10 fome places they would not faft the Thurfdays in ~ent : [pill. ,,8. ad indeed the Council of Lsedice« had commanded they Ihould, but that was januar.

but provincial, and did not oblige and was not re£~ived every where; and

thn f.1ying which is reported out of the conftirurions ol S. Clement might

prevail as far, 1ejlmif(m quint" hypocritartlm eft, But at Rome this was then

obferved, they did not faft on T hurfdays, nor yet on Tuefdays, or they mightchufe: [0 we find in S. Leo exhorting them to the Monday, Wednef- Scrm'i.d, day, Friday and Saturday fafl.and on Saturday to watch befide.And becaule 40~'

of the defalcation of thefe days in every week, feme that were very zea-

lous made up their Lent to be eight weeks, and began it on Sexagefima Sunday,but at lall: it fetle¥pon Afh-wednefday.and hath endur'd [0 to this

day in many of the Weftern Churches.

10, Now if all this be not fufficient to prove that the forty days fall: of

Lent was not a Canon or inflitution Apoflolical, I cannot tell by what meafiires the queftion can be filled: and if the Apoflles were the Authors of it, yet becaufe the Churches kept themfelves in great liberty and variety, it is certain that if they did fo fiiU, there would be no diminution to religion. For the ufe of it being wholly for preparation to the Eaiter communion, and the ferring apart fome porrion of our time for God's Cervice, it can then onely he of ufe, when it millillers to fuch ends with an advantage [0 great as to recompence the trouble, and fo material as to quit it from a vain obfervance, "But how it can be enjoyn'd, and how it ought to be practis'd, I Ihall confider in the inquiries concerning the condition of Eccleliall:ical laws. Here I was onely to quit the Confcience of this lime which is laid for her by Ierne unskilfull Fowlers, and to reprefent that the Apollles did not by any Rule or Canon oblige the Chriflian ehurches.

1t. That which remains is this, that we conlider that it is and ought to be

no prejudice to this liberty, that S. Hierom calls Lent an Apoftolical tradition. For it was very eafy for them who lov'd the infhtution, and knew It very ancient, and that the cuflome of it did defcend from Apoftolical perfons.to call it a trdditionApoftolical. It is no wrong to S, Rierom if we

A a 'I- think

Of the Power oj the ClJurch

BOOK Ill.

------------- - ------ ._-----------

--- cl;i~k he did Co here: for he did as much as this comes to in the queftionof

the Saturdays I:lfi, for in his Epifile to Lucinus he (lyes,1IJ1flqlla!1I1e rvinci.l,tflfll1det in jen!" peo,& pYilcepta "MI"rlim Irges ApoftolicI!; arbilretNr Let every Province abollnd. in their own jenje, and [lIfPore the pmepls ~j their Al1cc(lofJtobe Apoftollcallaws. But that the Churches Iud no fuch law upon thelll, l-ut were at liberty, appears from all the premiffes; which I {iH11l11~ up with the words of S. Allftin. The Chriflian», not !ILl( the

ccnrr. Paufhim meats are unclean, but for mortification, doe abflain from flelh ,'OJ fruits ; ~l"'ic:!.I. lO. Corneltwalwavs, or elfe at certain times: sic»: prY qn:ldT4?Jfimam ferl (;'1'·;· omnes , q1l41110' magis qllifql'C velminm -ooluerit; /,11 potMYlt, As i" Lent

it/mofl atl men, more or 11fe according Irs every m.1II H ,,6Ie, or M e~'er)' man is lVillill:;.

22. He that deli res to fee more particulars concerning the hiltory, the

original, the variety ami increafe of Lent, may, if he pleJCe~ read them in CI(ii.m,in Am.1Iarim,A/cltimu & Rabanfls of old.and oflate.in D'lrnndNs,in HI;go Merldrd/lJ a Benedictine his notes in Gregor. S.,cr.'mentarillm, in Pn,-iins his notes upon EpiplJdlJim, Rig,r/titls upon Tertul/i,I1I,sc.tiiZ"'s admirable ani madverfious upon Ellrcbills,in that excellent Epiftle oi. Er4inus to the Bifhop of B.I(ilde interdiElo efi' cdnJillm,in Dd'lUn~y, [!lffi'ac and

• de j.JImii'& ])'Iille*. Om of rhefe any man may Iltisly his curiofirv.I have endeavour'd

40rr.~ ( - . I r: . •

onely to Just)' t Ie Confcience.

l3. Coucevnine the weekly fails of Friday :1Od Satur<!;ty, the fo.mer of

them io; ,·t !!rc.li- antiquity in the Church,1s hrill';; in ufe in Tmulli,,;i, rime, ;111. i ,,"ithou'[ varierv alwaves obfervcd after it on", IW~;ln. \\' c lin(: the \\7";lItl,',lY and Fi-i,hy f:tl~ mentioned by CI,'uNdJ AI:x.",drl""j. llid [~~

'''011.3<.7. We 'n"rei.11' ft:niOIl is equally in Tcrtullian, Hilt [he S;1UH:I.:y !.lit 11".15 lor I· 'Inc .'.;r-', ~-Cllllred abominable ill the whore Cjurch ; lur it Cline i.uo t!'e Lrrin (hurch ill rime, but with fo much Icandal to rhe (;1, "I.s,lh.1! in the year of our Lord 707 they excornmunican-d them tint !JHd on the Satur(jay, and to this day perfcvere in the (line mind.. But _11m neither OUt nor the other was of Apoflolical infliturion, is ot it edt clear by the coil_fequence of the former difcourfe concerning Lent; the Apoflles havmg made no laws concerning fafiing-days,as I have made apparent. ". The Rogation 6fi (all the world knows) was inftiruted by Mammer~lIs Bifhop of Yimna:and as forthe Ember-weeks.they can pretend to no antiquitythat 15 Priminve, and rely for their authority upon a Ipurious epill:le of Pope CJlixtus, which is pretended to have been written about the year ~ 01, and which is abundantly detected of forgery by many perfons, but elpecially by M' BIOI/del. Tmu/lian's words are a hatchet to cut off all fafiing-daVI from pretending toApofiolical authority.affirming that the Monranifts did fall but two \\lCeks in the whole year, and in them not on Saturdays and Sundays (though S. flimm is pleas'd to lay three Lents to their charge.) and th.u the Catholics blarn'd them for impoling fo much-but rhemfelves did t'lft ondy upon thofe days the bridegroom was taken tram them, thlt is, the patchal t~fi ;that rhey did Iomerimes interpofe h~lrf:tll:s, and live on

Con'" Fy,,'. bread and water for fome rime, but fli clliqu.e ".ideb.llllr,l<ifC ex nrbitri« "gnt 'J'. ,. 1 ;,J;. t es, non ex impaio, as e<vcry "'.1.'J (:Jv emIr, doing th([e thi.;:/,J by &hp;ce ,til:! nut by command,

,

The

in Canons and Cenfures.

---- ---- ---.~--.

14' The refult of ~his difcourfe is this, That the .Apoll:Ies did not lay a

ke upon the Difciples neck In the matter of fafimg, much leffe I~ the t t days faft of Lent; that as in relation to the Apoltles, the Confcience .o:t)iberty Now whether 01' no any pofitive conflirution of the Rulers of IS ur Churcl~es can or doe oblige the Confcience to the obfervation of Lent, ~nd how farre, I fhall confider in the next Paragraph of this Chapter.

RULE XIV.

The Canons -~f the ancient General and Provincial Councils are then laws to the Confcience when they are bound upon us by the authority of the relpective Governours of Churches.

I. AGeneral Council is nothing but the union of all the EccIeliafiical pow-

er in the world, The authority of a General Council in mat-ters of Government and Difcipline is no greater, no more obligacory then the authority of a Provincial Council to rhofe wh_o are under !t. ~ General Council obliaes more Countries and more Diocefes, but It obliges them no more the~ the Civil and EccIelialtic power obliges them at home A General Council is an Union of Government, a confent of Princes and Bifhops and in that everyone agrees to govern by the meafures to which there they doe confent : and the confent of opinions addes ':l0ment to t~e laws, and reverence to the Imction , and it mull: prevail againfl more objections then Provincial decrees, becaufe of the advantage of wifdorne and conful- . ration which is Iuppos' dro be there, but the whole power of o~liganon is deriv'd from the Aurhority at home. That is, if twenty Princes meet together and all their Bilhops,and agree how they wiII have. their Churches governed, thofe Princes which are there and thofe Bithops which have ~onfented are bound by their own act, and to it they mull: Itand till the reafon alters, or a contrary or a better does intervene ; but the Prince can as much alter that law when the cafe alters, as he tan' abrogate any other law to which he hath conr:nted. But thofe Princes. :v!lich were not there whatever the caufe of their abfence he, are not oblig d by that General Council; and that Council can have no authority but what is given them by conCent,& therefore they who have not confented, are free as ever.

,. The Council of Florence, fo called becaufe, though it was begun at

Fm,II·,t, yet it was ended there, Pope clement 7th calls t~e eighth General

Council in his Dull of April 22 th 1527. yet others call It the 16th: .but It Vide Surium was never receiv'd in France, as Panormitan " tells us: for the Kmg of ~ EpIU. ad lePrsnc« did forbid expreflely and upon great penalties that any. of his fub- c~~~i. ::~". jeds 1110uld zoe to Ferrara to celebrate that Council , and after It had been to?"4. Ccncil, celebrated, fnd charles the 7th W1S defir'd by Pope Eugmius to ~ccept it, ~~~ctt.r.tc he told the Legates plainly that he had never taken it for a Council, and he circaprinc. n.(. « , never would ~ The Council of Bali! thouzh the King of France had Cent Vfde eriam Ni-

. '. l' '. ." C '1 h d colaum de ci«

his Embaffadors thither, and had received It as a - ounci , yet eapprove m,nalis

it but in plrt, for he rejeCted the lafi thirteen feffions, aad approv'd onely D

the

Of the power of the Church -v-id-ep-m-re-m-iu-t-h-e-fi-r-!l-t-w-0-3-'n'-d-thirty; fom; of~h;;-~-;~--~l;ylie, o~hers 1\:;tl1 certain pragmac.sanft. forms and qualificarions : and this was done to fit and accommodate them ~uil. Benedicr, to the exigencies of the times and places and perfons, faith Bemdil1 a ~:~;'~,I:~~ap. French I~wyer. And upon t~e like accounts the la!l Council of Late,." is

. there rejected alfo, Thus m England we accept not ot the Council of 'Trent, and excepting the four fir!l General Councils, which are eftabliJbed inro a Law by the King and Parliament, there is no other Council at all of ufe in England, Iave ondy to entertain fcholars in their arguments, and to be made ufe of in matters of faCt, by them to uaderfland the !lories of the Church. Where any thing elfe is received into cuflorne and praCtice of law, it binds by our reception, not by it's own natural force.

- 3. But I have already fpoken fuffi_cientlyof this thing". I .now onely

• Chap«r 3. mention it co the purpofe that thole religious and well-meamn~ perfon, ~~~;;r'~~ who are concluded by the cano~ of an ~ncicllt Council, and th:nk that Role 5. whatever was there commanded It layes lome obligation upon the Confci-

ences of us at this day, and by this 111eJUS enter into infinite [cruples snd r refllefle unfarisfied condition, may confider that the Ancient Doctors of the Church had 110 [urisdiction over us who were born (0 many ages atrer them-that even then when they were made they had their aurhorirv wholly from Princes and confent of Nations , that things and reafons, that jurisdictions and governments, that Churches and Diocefes, that iceerefls and manners are infinitely alter'd finee tim time; that Iince the autboritj of thofe Fathers could not be permanent and abide longer then their lives, it being certainly not greater then that of Kings, which mufl needs die with their perfons, that their Iucceffors may be Kings as well as they, and not be fubjeds of the dead, the efficacy of their rules mull: defcend upon Cucceffion by a Iucceeding authority ; that therefore they prevail upon \IS by a new force, by that which is extrinfecal ro them; and therefore in fuch cafes we are to inquire whether the thing be good, and if it be, we may ufe it with liberty till we be reflrained, but we may alfo chufe ; for then we are to in· quire whether the thing be a law in tim Government to which we owe obedience: for that the Fathers met at Laodicea; at Antioch, at Nice, at Gangra, a rhoufand, 1100 or ,}CO _years ago.e,ihould have authority over us in Engla1ld Io many ages alter, IS fo infinitely unreafonable, that none but the fear full and the unbelievers.the fcrupulous and tbofe who are J'.A" '1" IF",,",I of a flavijb nanre, and are in bondage by their fear, and know not how to !land in that liberty by which Chrift hath made them tree, will account themfelves in Iubjection to them. If upon this account the Rulers of Churches will introduce any pious, juft and warrantable Canon, we are to obey in all things where they have power to command; but the Canon, for being in the old Codes of the Church, binds us no more then the laws "f conjlantine.

BOOK HI.

2.86

R U L E

in Canons and Cen/ures.

RULE xv.

The laudable Cuftomes of the Catholick Church which are in prefem obfervation doe oblige the Confcience of all Chriftians.

THis we have from S. Paul, who reproves the contumacy .and regard-

I, lelfe comport of thofe who, againll: the ufages of Chriflians and the laces where they liv'd, would wear long hair : W~ have no {_ck cujlome, ~or the ChUT&hfS of Goa. In fuch cafes where there IS no law, the ~a!l~ers of Chri!lians introduce a law [0 fur, that we cannot r~ced~ from It with-

Iome probable caufe ; or if we doe, we cannot doe It Without fcandal OU~ eproach And indeed it is an aCt of love to conform to the cuflomes af dhrillians'with whom we doe converfe, who either will think you blame

~heir cuHome, or defpife their per[ons,if_you comply not. . S. AIIJI~n gave Epifr. 76. ad h' advice to the fame purpofe, In hf6 rebns de q.,bllS mhll cert» trad,t Cafulanum f::tptura Divlna, mos populI Dei 'lJel jlatut~ M~lorum pro lege tenenda fum. Presby",. Et fleut pr.tvaricatores /;/ivinllrtlm lelam,ltll contemptores Ectlefiajllcamm (In!NlluJinum coerUlIdt Jimt. If the holy Scriptflres have not inttrpos din-

the pArti,"ular, we PluJl kup the cuftomes and deems of our Anref/ors III a law:

and as they thllt prevaricate th~ DIVine Jaws :re .to be reJlra.med, (0 are all

thlY that defPife the CIIf/SPlts of the church. It IS a ~at.hohc. cu!lome,~h~t

they who receive the Holy Communion, fhould receive rt faftmg. ThIS IS

nota duty commanded ~Y God: ~ut unlefle it b~ neceffary to eat, he that

defpifes this cuflome, gIves nothing but the reltimony of an evil mind.

I, But this is fir!l to be underftood in fuch Cuflomes as are laudable,t~lat

is fuch Il'itich have no [ufpicion or moral reproach upon them, fuch which

,r~ reafonable and fidor wife and fober perfons, It was a cuftome .of the Primitive Church, at lealt in fome places, not to touch the earth wI.th the

bire foot within the oCtaves of Eafler : this was a trifle, and rending to ph:mtaftic opinions and fuper!litious fancies, and therefore IS not to be

drawn into imitation; onely [0 long as It did remain, every man was to

nke care he gave no offence to weak perfons, but he was to endeavour to

alter it by all fair means and _ufages. It was a cu!lome III many Churches anciently, and not long Iince III ~he ~hurc.h of England, that 10 c~fes of rhe

infants extreme danger the midwives did bapnze them •.. Thls c~ft_ome

came in at a wrona door, it lean'd upon a falfe and fuperftirious opimon ,

lnd rhey thought i~ better to inv~de t.he Prie!ls office, then to, trull: God

wi!h the fouls which he made With his own hands .and redeem d with his

Sons blond.But this cuftomewas not to be followed If It had Ilill continued;

for even then they confefs'd it was a finne, fallum vakt,lm ~on debfllt;

and evil ought not to be done for a good end. f2!!_od Ii a mlllzmkm bllf-

tuen oporteret profello Chrt{l1lS Ii Mlltre baptzzatllS eJTet, & non ~ :}Wl1It :

••• , ell". nos ad b"ptl:!.anJum mifit, mififfu mulieres nobifcl,m lUi hoc: nllnc

'Vlru nflfquam neque j~flit D~mi~1I!' neque per SmptuTAm traaldtr5 IIlpote

,IIi n4zur~ CDn'IJenm.tI4m &' re) tJ"uru11I nifJer, tanquam n4tar" AMthoy & b ltulij/atvr raid the Author of theCoo!littttions udder the name of S .. clemmt..11 • j. C·9·

~ , - #

Of the Power of tbe Church

BOOK Ill.

2.88

If women might"e fuffcr'd ~o baptiu~ Chrifl mcd not have gone to s, Joh~, bllt might have bun baptIzed by 1m Mother; and Chrijf would ",,~'e fem women 410ng with the Apojfles when he gave them commz{Jion to preach and to bapti'{f. But now our Lord hath neither commilnded IIny fuch thing by hlf word, or in Scriptllre; for the IIllthor .nd law-giver of Nature knew ",IJat w/U tJ.gree~blc and decent for their Nature. To rhis agrees that of Tertilliian

lib. JcVirg. Non permittitur. mulieri in Ecclejia loqni ; fed nee docere, nee tingtre, m: vvland. offerre, nee Illlius -uirilis msneri: nedllm facerdotalis officii fortem (rbi'VIn. dicare A woman is not permitted to !peak J'IJ the church, ner to teach nor to bap;i1_c, nor to offer, n.or to doe the officc of -a man? much l(ffe of II P~iej!. 'j" the Divine ~ Thiscullome therefore IS of {he nature of rhofe which are to be laid afid(

in!limtion 01 oUt .. , (3«71"1;>' fI "I-'" 'XfleJ!'fDv!«, ~'Xc<,No man baptizes b'lt he that iJ ill holy Or.

the order and - '" ,1"'_ ff I - d I I' k I r: id - I, B b

olh",oliniller. ders; [aid Simeon 0) T"e/l.a 01llCII; an tun ie ,al . n U ). , ut a ove. all

fcer.4. things, opinions are not to ?e taken up by cuflome, and .r~duc d to praCltce:

not onely becaufe cuflome IS no good warranty for opimous, and ~·ol./ltas fertllr csrere oculis, intel1cc1us pedibl#,the wiN ha!" no eyes,& thell/Jd~rfland. ing hat" no feet; that is, it can doe nothing without the \VIII, "nd the will mufl doe nothing without tim; they are a blmd man and a lame when they are afunder but when they are together they make up a found man, while the one ,",iv~s-rea[on, and the other-gives command: but betide; this, when an opinign is offer'd onely by the hand O! cull:ome_, it _is commonly a figne of a bad caufe.and that there is nothing elfe to be faid tor It; and therefore

Ditput. IS. in it was a weakneffe in Salmeron to offer to perfuade us to entertain the dorol~~r8:id~b. tl:rine and practice of Indulgences.Purgatory, Invocation ofSaints, Images and the like.becaufe they are cuflomes of the Church.meaning his 011'0.

2. This is to be underfl:ood alfo of the Cuflomes of the Catho-

3· lick Church. For if the Churches differ, it is indifferent to take either Iib.l.Pxdagog. or neither as it may happen. clemens Ale xandrinas [aid it was 1 wickedcap. 3· neffe to pull the beard, becaufe it is our natural, it is ~ generous and an 10· genuousornJment: and yet Gregory, the 7th, ~.iI110p ot. Rome, made Arch· Bilhop :}am($ fhave his beard clole, prcrencmg that It had beet! always a lib.S. Regifrri, cufl:ome in the Wefl:ern Churches ;con(lIetlldll1/ (JnCl.! obedm (ocglm:~,

Epill.lo. We have conjframed hIm to obey the holy mflume. III fuch cafes where feveral Churches have Ieveral ufages, every Church is to follow her own cafl:ome, and every of her Iubjects to obey it.

4. 3. Though every fubjeCt is tied to the cuflome of his OIVD Church,

yet he is not to give offence when he converfes With another ~hurch that hath a differing cufl:ome: according to that rule and example ot S. AlIIhrofl, f2.__tlando hie rum, non jejll/1o Sahbafo; quando Rem.! film, jtj1l110 S"hbato.' 6-

Ad quamcu"que Ecclefiam -aeneritis, ejm. m~rtm [eruate ; Ji patl fea/ldalum 1'1011 vllitis alit faeere, When I am at Millain I foe not f6ft 011 the SatllrddJ, when I am at Rome 1 doe.' and towh.1t(oever chllYch you _/h"ll come, kup the cNjfome oftha! Church, if ye will neither give nor receiue offence. And thefe

words S. Auftin made ufe of to this very purpofe, Tot1l1l1 hoc ~cnu5lz1mi1J hahet obfervationes, me difciplina ulla eft in' his me/lor gravl pmde1lliqui chriftiano,quam tit eo modo agat qllO agere viderit EcdefiAm ad qnamcunqul I forte de-uenerit, The befl way is to doe as that Church does where_you happen co be. And in the fame inftance S. Bierom gaveanfwer t? LIICIl1N:, fervandam ejJe propri£ Ecclefi£ cMjH.ctudinem, . The cuflome of the ria,., of our own Church IS to be obferved, An:! therefore at MI//al1J It IS

• counted

Epii.86.

In C'anons and etn/ure!.

counted a violation of their rights when the R~man Priefl:s come into the Arnbrofian Churches, and refufe to ufe the Miflal of S. Ambrofe, but ufe the Roman. It is a cufiome in the Church of England to uncover the head or to bow the knee when the name of :}efrlS is named: the cuflorne is not onely innocent but pious, and agreeable to the duty of every ChriIlian and therefore abftraCting from the injunction, the cuftome it felf is [uffi~ient to exaCt conformity of all modefl: perfons, But if .a Ion of the:

Church of England 111 all come into other Proteflant .Churches who ufe it not, he is to co~lply with them in the omiffion,unielle hirnfelf be perf~lded that it is a D1V1ne Commandement , and yet even then alfo, the Ipecification and the circnmftances of time and place may be undetermin'd, and leave him ill a capacity to comply for a time, and in a limited place,

4. It is requir' d that the cufl:ome be of prefent obfervarion, or eire it

S'does not oblige the Conlcience. Thus it is a cuflorne of the Catholic Church that at the Baptifing of Infants there be God-fathers and Godmothers. This cuftome is fl:il1 of ufe in [he Church of Englal1d.' and althoueh much of the reafon for which they Were firft mtroduc'd is ceas'd, and the cafe: alter'd , yet it is enough to every man that is a [ubjeCt,that it is thecufl:ome:and therefore if any man fhall difpute and prove that the thing it felf is not ~ow neceffiry, that is n~ warranty to h~m to omit it; fo Ion,;; ~s thecuftomels allowed & upheld,& is no evil, PUt If the cufl:omebelett m a Church, that it WlS a Catholic cuftome & oflong ufe in the Church is of

no obligation to the COIlCcience.Socrates tells that amnes IIbique in orfu ter- I"b '1\ mrsm Ecc/eji,.,all theChurches in the world.every week upon Saturday ce- c:p: ;;~' • lebrate the myfleries, Alexandrini tsmen & Rumani ex IIntiqlld traditionc

iJlud fawe rensunt, But the Churcl~e.s oL-flcxdndria & Rome r~fufe.to doe

[0, becaufe they have an ancient tradition to the contrary. And In this they

had their liberty. It was a long & a general cuftome in the Church upon all

occalions and motions of folemniry or greater adion co make the tigne of theCro(!e in the aire,on the breafl, or 011 the forehead; but he that in Eng-

/,"d Ihould doe fo upon pretence becaufe it was a Catholic cutlorne would

he ridiculous. For a cuflome obliges by being a cuflome amongfl: them with

whom we doe converfe, and to whom in charity and prudence we are to

comply: and therefore to doe an aCtion that was a cuftome there where it

is not a cuftome, mull: be done upon Come other reafon then becaufe it is a

(ullome ; or elle it is done becaufe there is no reafon, It was a cuftome

of the Catholic Church to referve infants all the year till Eafler to be bap-

[(z'd, except it were in cafes of neceffity or great danp-er : but we have no fu,hcR{iome now; nor the clJllrches of God; and therefore to think we are

bound to comply with that or any fuch cufl:ome,is to make our [elves too

fond admirers of the actions, and more then fervanrs to the Ientences and

Cufi:0mes of Ancient Churches.

6. 5. An Ecclefiaflical cuftome againft an Ecclefiaflkal law does not ob-

lige the Confcience, It does in many cafes excufe, but when there is no fcandal accidentally emerging, it never binds us to follow it. I fay it can eKcufe from penalty, then when the Ecclefiaflical law hath been neglected, hecaufe the Governours ate prefiirned to doe their duty; and therefore if they who made the law Cuffer it [0 b~ common~y ?roken,it is co be fu~pos' d they are willing the law Ihould ~Ie: and this IS the Ienfe of that ID ~he

Comedy, Mores leges perdu;wunt Jam in poteftatem fllam, Cuftomes give Plaut.Trlnam,

Bb 11m It

OJ the'Porverofthe Cht~rcb

BOOK HI,

limit to laws; and they bind according as the m~nner~ of men are. And this the lawyers extend even to a cuflome that IS agamft the law of God Baldus in I. So the Prefidents of Sella at the entry into their office take all oath in for~ ob[,,~,_,:, §. that they will never receive bribes I and yet they doe [0, and are known to ~~ok~~~I'd~u- doe [0, and becaufe of the general cuflome are never punilh'd: and much of ctfi<io procon- the fame nature are the oaths taken at the Matriculations and admillions fuJ.& leg. inro Ilniverfities and offices refpetl:ively, concerning which it were very

well there were rome remedy or prevention. But if it can be underfrood that the law-giver intends the law Ihoul d be in force.and that the negligence of his Minifrers or the frubborn and uncomplying nature of the fubjeCts is the caufe of the want of difcipline ; then the confcience is oblig'd to the

*SeetbeV1lhlaw and not excus'd by the cuflome", And yet further, when the lawi,

Rul,o'the' h I h h h b "- _ h Ch h _

HI Chapter called upon, _t en a t oug t ere e a CU"OIne III t e ur~ agamft the

of this Book. Canon, It neither preferves from lin, nor refcues f~om.puntlhment : quia

lex derog.:t c01lf"etudi1Ji,fay the law~ers;lVhen the la\~ Is.ahv.e the cuftomeis dead, becaufe the cuflome took it s life from the diminution of the law. and when there is a law actually called upon~ the cuflome to thecontrall'i; a direa evil, and that againll: which the law IS intended, and which the law did intend [Q remedy. The Church hath made laws that no man Ihall full upon the Lords day, nor the great ~efti~als of the _year: If a cuft?me of fafting upon Chriflmas-day Ihould 111 evil and peeviih times prevail, and the law be unable or unwilling to chaflife it, but fuffer It te grow into evil manners , when the law is azain warm and refrefh'd and calls for obedience the cont:ary cuftomc is no~ [0 be pretended againft the law, but to be re~ pented of. In the Church of EnglAnd there is a la\~~ that when c~ildren are baptized they Ihall be dipped III the water; onely II they be fick It !hill be fufficient that it be fprinkled upon them: but yet the cuftome 01 [prink. ling all does prevail. In this cafe we are to Itand to the law, not to the cuflome , becaufe the law is frill in force, and IS aetually intended to prevail according to the mind of the Church, and _it _is more agreeable with the practice, the laws and cuflornes 01 the Primitive Church, and to the practice of Chrift and his Apoftles, But of this I [hall fpeak agam In fome of the following Numbers.

7. 6. An Eccleliafrical cnftome mufr ?e reafonab.le or nfefull, or it can-

not oblize the confcience, except to avoid Icandal, lor that IS III all thmgs carefully to be obferved, right or wrong, Io it be not a lin againfr God; Cuitomes mull be kept, when the breaking them is fc~ndalous. But ercepting this ca Ie, an unrealonable c~frome does not oblige, For. no man IS bound to be a fool, or to doe a Ioolith aaion. Now a cuflome III the Canon law is concluded to be reafonable if it tends to the good of the foul. In the Civil law it is allowed to be reafoaable if it tends to any pllbli.k good. Thus it is a cuflome that Judges fhould wear their Robes upon their Ieates of judicature; that the Clergy wear blacks. DuBom por· f,lnt varium, qui" h.1bitt16 virNm oflendit, faith the law, I. jliglllatl., C. til labri. And that Prieft were a ftrange peevilh or a weak perf on who fhould chufe to wear gray, becaufe there is no religion in the folollT : his religion in this would have nothing elfe : and though thefe things tend not to the good of the foul, yet they tend to the good of the publick, they difringui!h men, that honour may be given to them to whom honour belongs.

For

in Canons and CenJures.

g. F~r i.t is confiderable, what the wifer Lawyers fay, r , That a cufi:ome

is go~d If It conta.tn~ bonum hone/hm., any honefty or matter of publick reputat.lOn. Thus Ins a cull:ome that civil perfons fhould not walk late in the OI&hr, bur be In. their houfes at feafo~able times ;ir is a good cuflome that Bifhops and Priefls abfiain f:om gomg to Taverns; this cufrome is reafonilbl.e, and therefore does oblige thofe that are concerned in it. z, A ruflorne IS good If rt contains bonum eOmmll1le, if ir be for the common gOO? : and of this fort there are many cuflomes in every nation which are paCs d uuo laws, as that in the caufe of Dowries the Judge fhould pr d iummarily; that a faa be tried in the country where it was done. that whe any man is accufed he Ihould have his accufers brought before his fac ~ ed thus alfo in _the 1a\~S Eccleliafrical there are very many of this natu~e. ~s that when Buhops vllit their Churches there be allowance of procuraf' ns and Synodals, a~d aptneffes for their entertainment; that when we Iee a Blfhop we beg his bleffi~ ; that when we come to a city we firft zoe to h Cathedral to pray, then to the ~ilhop to be bleCs'd and prayed"for, tha~ thecont:aCt of Marnage be pubhc~ly folemniz'd in Churches after ~hree publicaeions , that children ask their Parents benediCtion: thefe things are of pubhck ufe, for the advancing o~ a necelfary duty, for the mutual endearment of Relatives, for the eftabh01ment of piery, for the conCiliating sethority, a~d to many other good purpoCes, which whofoever can advance by the keeping of a cuflome & complying with the manners of the Ch h where h:. lives, IS not to be excus'd if he will be Itubborn and fingular ~~cd proud. 3· BAldm CJyes, Bona eft eonfiwlldo qll" cmtiner bonum honordbilt c

!t!s a good cuflome that gives honour and regard to whom ir is due. Thu; Iai~!le~~~

11 IS a cuflome that the Confecration of Bifhop, Ihculd be in publick Chur- exccmmunlczr, ches I.thar the Degree of Doclor.becaufe it is-an honour, be not conferred lIb. e. rneaklngly and 111 conventicles. And upon tll~S account, when any cufrome lshonourabl~ to religion or to a myftery, It IS not to be omitted, becanfe

the cuflome IS good.and III fome propomons miniflers to Religion and it's

advantage,

9,. Thus the Min!frers of religion when theyofficiate are by an immemonal cultome vefred In ,,{b.t! or jurpllees : It was Intended as an honour to the :ehglOn, beca~[e t~e white and the purple colours are the enfignes of Civil ad Eccle~afrlca! dignity refpeaively, and are in honour to each other alternately mdulg d, and Kings weare albes, and Bilhops and judges weare p,?le; and our Blefled Saviour was pleas'd to call it the glory of Solomon w en he was c1o~h' d in the purefr linen of Egypt, whofe \~hitene1fe though ~ery bn.ght, yet It fellihort of the naeurat whiceneife of the lilly. Glory :~rnothlDg but the elCcel!e and greatnefle of honour, and therefore thef" ". ments which were glOrIOUS IIpon S%mo1l,at leafl were given to the ReligM'oUS as en.lignes of honour: the fame which the Epigram fays of the purple

antlewhlCh was ~oln from Cri(}inus,

!2!!J.qu/S habes, hu",eri! fU4 munera redde preea",Nr: lib. 8. Epigr.4si

No". hoe CrifPin.t16 ft, fed dbollA rogat.

Nm qu,eui' «e eaplt faturAt.u murice veftes: ·ViJ,l.i1iiiGi.

Nee TJ11 delicit. flnvenit iDe color. raldum >y",:g.

Such ear c Ih~' ,. j),orum,tl-

h ". m~nts are not t lor f!¥ery oulder, they are marks of honor and ,.10 d. Diis ex

t e delicaCies of the greatea and the worthief] Men. But that the ~hite b.umanis .Ilio~~~ent w~s given to Religion)it had befides t~e honour to the perfons,the ~;~~~~b:~:r"

bill fica lion and embleme of a precepr.Ic fignified puney and truth,whicli~,oru"'l",agr~

B b ~ iii nibus,

Of the Power oj the Churcb

BOOK Ill

in Philoftratt14 in the im,age ~f Ampbi4Y4tU i~. Iaid to be clothed with garalib.,.l'"J,g. ments of(now,and cover d With the pureR: wbiteneffe , and e clemens Ale _ ~'br~::l' int> ,,~drinuf\~r!tes that t;:.efl6"th~ Sophifler in the defcripti?D o~ venue a:d ~nem. , • vice.defcrib d vertue 10 a whl~e robe? and fo does b .Tbemi(fius mvefi truth, l.:b, fup,", &: fi ning upon an adamant, ho~dlRg a bright fplendor m her hand and clothed , . s- "p.ll. with an albe.Concerning this S. clement of Alexandria" fpJk~ much even

as much as the thing it felf will bear' for it being nothing buttherol~urof a garment, is .not to be prov'? to be necelf2ry,& therefore not to be "lined in Iuch a quality : but yet neither IS the cufiome of that colour to be deIpis'd, becaufe that colour is a good embleme, and hath as much advantaoe as a colour can .have ; and ther~fore there can be no rea~o~ to defpife the thing, or peerifhly to goe ag!lnft the cuflorne, where It IS quitted fi:om abufe, But I {hall adde this co it, which is warranty enoush fa:' the Churches choice, that the Primitive Chrifiians, who were free en~u"h from any fuperftitious fancy concerning it, did neve.rthe.lelfe particularlyaff,& and chufe this colour. They faw that the Saints IR the Revelarion hld ~J.,lf9. ;p.9'fIC', white garl1JtTJts, and they were dipt in the bloud of the Lamb. and S. Anthony to reprefent himfelf a Chriflian did goe in wbite as S.

t[ub finem ritz Ath41lajifls tells of him. t Eunapius tells that the Monks in Egyp: went lI!d,r.,. in black; and that many Chri!l:ians that liv'd in other places did fo too for modefly fake and gravity ,in humility and abjedion, who pleafe, may fee An. Dam. !7. demonflrated by many inO:ances !n BarOl1itlS:& that is a good precedent to n·77· warrant the cuflome of the ordinary Clergy habit, Bnr yet it iSJIC!vidtnt that very many Chri!l:ians were pleas'd father to ufe the fimple and native

Erin. '46. colour of truth, the ernbleme of punty ; and SynejillS writing to one :jolm the Monk that chofe to goe in a black coat, writes that which is enouzh to be faid in this whole affaire, Atqlli nibil» deteri«: (rat fi candida forrl.' Jflm.didiJim~ qllipPt. nanr« dicatum IIC co~[ecratum id potiHS fmit 1"01 111 hl$ qtl~ [m[iI pfTOp'llnttlr PllrtuS atqHe lu-czdllts eft. sed ji pllllum Idlo .colomn probafti,qHM id alimlm qlli ante tt n{lIrparlmt imit auon: feeeril; lal/do quicquid Dei call{d ftl{cipitllr, But it IMd bee» no worJe if JOII hJJ choJen the white, p that which is agreeable to the nature of Iflendor ,wtl pority, and brighter tlnd pllm to the (yn. Bill if YOII chafe the blAck g,lrmtnl becaH(e it WtH the c"f/ome of others that wmt before yoH, it is well; I commmd

bb .a, d' Legib. Any t~inglhat u dOIl~ for. God, an1 for th~ callfe of fiet~. cotonm alhllm 'Deo m"Xtf1'~ decmlm, f~IJ cicer«, .'1"8J JIt rndex p,mtun &- nitele; omnemq.e jucfllflexc/udatvtrlfllte IIl1t/'lia contelltus, TIJtwhlte garment is mof/ comtIy for religion, tI4 being conte/It. with it's native jimplicity, And An indica-

. tis» of brighrnef{e a1lli P"riI1. Upon this acconntit is a cuflome of clotbins

vj,.le"j;'It1:or,r. the bodies of dead in white; Jior thl, that ar« dead are J'uRifiulfirom fin:'

I' am, U13r- d h did f .. ').

chum lib. de an t ey are can I aces 0 Immortality. But it may be this was too much

]liJ, iub initi- to be Iaid of [0 fmall a thing: I inftanc'd in this, to fhew that this colour rt~~.~:;ti.& was intended for an exteriour honour to religion, and that is fufficient (fay He.dor. ~r". the lawyers) to make a cuflome reafonable , and if it be reafonable.it mufr ': d. pro,id.&: be complied with.

Eliam Crctcn-

rem inNazian. orat. 4. in initio, Arri:mum lib. ~."3p. 1. a: Fhllon, Jud, lib. de plant3t. Nox.

10.. .7, A cufrome whofe.reafon is not known, yet ifit be of an immemorial ume, and does rranfmit a fight to Ecc1t'fiaftical perfons, is not Without great reafon and evident neceffity or publick utility to be refus'd. Thus it is a rufiome in the Church of England that certain rights be paid to the Red:or of the Church if the corps be interred in the Chancel: and thOll~h

III

in Canons and Cenfures.

in fome places this did lim into gr~t abufe, which was e,xcellently reprov'd by that learned and good man Sir Henry Sptlman 0 p.g,><''''eJo'ttl' in his learned and pious TraCt de Sep"ltura ;yet the thing was not whoIiy co be blamed for the abufe fake, and the rights of any man are not eafily to be fnatched away becaufe he cannot prove how he came by them if he have had them long in poffellion, The thins was to have been ref~rmed - but not ~tter the. new ma~ner, that is, whofl~ taken. away,. conjuetHdo ;Jl.jl« imtll !TIemDrla non fit m contY/mum pr4Hm/tll~ ratlon4killl, f~y Geminianur. CardmalAlex4nder and Panormltlln; and they inftance in a Prelate receivins money beyond his procurations in his vifitation. For thouzh the reafon of i~ benot now known.yet it is prefum'd at firfl; there was a ~eafon; & thonsh

I we have loft the record, yet he mull: not loofe his right; unlefs that riO"hr ot his be manifeflly other mens wrong. But this iuflance is to be underfrood [o,.thl[ t.he Sepulture be !irft perform'd, and the charity and the ecdelialhcal righc be done to the dead I for thefe thinzs cannot be contratted for: but when the piety is performed, the oblations of the faithful which at lirll: were voluntary, and afterwards came into cull:ome and fo transferred a right, may be receiv' d by the Rector, but mufi not be detained by the .heire, ~ere in Ireliln~ there i~ a cuftorne of receiving oblations at the bapt~fme of infants , but I~ the .Pneft l:efuCe.s to baptife the child till he be Iecur d of the money, he IS a direct Simoniac, tor he contracts and takes a price for the Sacrament: but if he confer the Sacrament to which Ire is tied by his charge and by the laws of God and Man then ~fterwards he hath a ri.ght. to the oblation which by law or cuftome' was to be: given, But the office IS [0 be done WIthout I~: .Ior the Infa~[ hath a right to the Sacrament before the ~nefi hath a nght to the offering; and that Came in by the laws of God, this by the cuflomes of Men.

JI, 8. A Cullome Eccleflflfiical that is but of a legal and prefam'd reafo-

mblenels does oblige us to ~ confo:mity_ I call that a legal or prefum'd reafonablenefs, when the law In ccrta~n cafes does fuppofe it resfonable.and though It be not known to be nlturaLr or precifely fo, yet becaufe it is not known to be uureafonable, but there isa probability to conjecture that it mtred upon aright. caufe, it is perrnirred and allowed. This happens in two caf~s •. The !ir.ft IS when a. C ufi,ome IS befides the law, and not againfl: 11 •. For If It be agamft a law, It ought not to prevaile at all, unlels it be precj~e1y reafonible, that IS, unlef~ the law in the changing of affairs or in It felt at lirfi be unreafo~able; for .I~. that cafe a cuflome that is naturally reafonable may be admitted, and it It be, mufi be obferved, But if it be only befides the law, and not againfi it, then it is preCum'd to be reafonable, hoc Ip[O quod mtrodul1a efl, fay the Dodors, therefore becaufe it is introdac'd . and the reafon is, becaufe every thing is prefumed to be reafonable that IS done generally, unlefs it be known to be unreafonable , and the very interefts of peace a.nd the reputation and honour of mankind require IhIS, Without any more mqulry I Iave onely that this be added that if the cufr.ou:e inrroduc'd betides law be either univerfal, or of an immemorial beglOnrng? the. law prefumes the more !l:rQ)1gly of the reafonablenefs ofit, and therefore In there cafes It ought to prevail the rather. For to this fenfe

IS that rule of'S, Auf/in, Ill" qll4 non feripta fld tradita cuftodimuJ, qUA qui".. . dfm tot?terrar.u~ orbe obfer'll4~tur, dantur inteOigi 'IIe/ab ipjis Apoftolu, vel !~~{\;.tlt, plen4Y1ff conelll.u, q.uorum eft In Eccle(ialalubtrrima autboritlfS, commentiata.

4tque f/atllta rumen; Tho[, thmgs which Ire delivered to IU not by writingl

B b 3 bllt

· of the l10rPer of the Church

BOOK HI.

bitt by,tradition' [orcujlomt] ~hjeh art obforvtd in aft th~JI1Drld, "'e IIna,r_ fland the. tobe either retatn~ by the appol11t"'.eTJ'. or·commend.tion oflhe .Apojlles, orjo?"eGet1rral CounCIls, w_hofe ~lIthsrzty· tn~he chllrr:h i4 ofgreAi. life. ] That IS; when the cuftome IS untverf"t and Immemorial. For the' firfiwe prefume it to be very reafonable, it could not elfe have eafily prevail'd'uponthewhole Church: and' Ior rhe feeond we fuppofe itto nave had a very good beginning; for it addes moments to dlecuftome thac whenv .... e know nothing tothe contrary, we prefinne the bell: of its ori~!UI. Not that we ought to conclude or to believe a Cuftome to have come from the Apoftles, ifit be univerfal or immemorial; but.rhar we oughtcoregard and reverence it as if it did, becaufe we know not in fome cafes whether it did' or no. "But if it be' either one or other, it is fufficient to oblige us to retain it, or to comply with it fo long as it is retained. Thus the Iolemn daies oERogation which we obferve in the Church of Englll1ld were not of an immemorial' beginning; for th~y were firft us'd by the Bifhops of V;en1l4, Ma~rtNl, [{tcim and Avit~; but yet they were qUickly

Homil. de univerfal, no» per GalllP tantllmm,do,fod pene per tOfum orbem, not onely

Ro,;at. in Franct, but in almoft all the world, (aid Aleitllus Avitus in his time: and therefore this cuflorne is not to be neglected by any tingle perf on, where the Church frill retains it \ for this is fafficient to make a legal prefumption of its reafonablenefs,

.. The other cafe is, thae a CuLl:ome is prefum'd reafonablewhen the nature of it is fuch that it can have no pofitive and natural unreafonablene&, but is capable of fome extrinfic and accidental decency and tittinglleCs. The euflome that is aaually in the pradice and manners of a Church is preIum'd reafonable : and this is of ufe but in fmall matters, but yet fuch which little and great men fomerimes make great matters of; I mean prefidencies and priorities of place, fittings in the quire, precedencies in Councils. Now in thefe cafes Cuftome' ougb: to'. prevail, lor where mere is no reafon in the thing, there Cuflorne is a reafon fufficient; and if a law ought to prevail though there be no reafon known for it, then fo mull Cuftome, becanfe this is efleemed as a law. c.pit.C'IIj.WISA4 I.aift. &- I. de quibm,ff. de legibH4. And it is remarkable, that ,alt/iough in the introducing of a Cufloine, it concerns, the Gevernours ot Churches to take are that it be reafonable , yet when it is introduc'd that care is over, audrhen they are to take care to keep unity and to avoid fcandal. Pr~Jlat i/li~ Iffe IIbi nibil lice: quam IIbi omlli4, faid one, It is better to be under a Tyranny then under an Anarchy; it is better to be too much reflrain'd then [0 be too loofe: and if a Cuftome hath feir'd' upon us, it is better to ftand frill under that arrefl, then to break the gendeft cords of a man, and inter intO licentioufnefs. Pernid'Jior 'emu;rM quam quits. It is not good to move any ftirs in a quiet Church, for certainly peace is better then that which is onely a httle better then a cuLl:ome. And we fee if by a fad experience, that thole who are enemies and ftubborn to the innocent Cuftomesofa Church, intend nothing but to ger the government into their own hands. (JeT/US h~mlTlflm potentiblls irifidum, jferantibus fAlla,,; as TacitUifaldof the ..!Jir,logers, we have too much reafon to fay of them, They are a ~ort of men that deceive their own confideats, and are no fure friends to their Superiors: for to difavow Cuflomes is a great difhonour to the Govern· menr, and a reproach to the miniftery of laws; and to their difcples they preach liberty, that rhemfelves onely may rule them abfolnrely, !l!I.ATlt~ majore libertatis im,rgine tf_guntllr, IlIlIto e/"JIptlir. Ad illftllfim jil"'lllt,.,lI!

TA~ltNl

in Canons and Cen(ures.

_---:-.--...,:7'"C:---:--.------ --,--------

1acitllJ [aid it_offuch perfons : by the exempting fools from the jult ru'l;'-'--

of their Iuperiers, they make, thf'IXI their own {laves, But to rebel aaainft

the Cullomes of a Church is an accufation not onely ofthe Rulers "but a

condemnation of the whole fociety of the faithful. '

11. 9. A Cuflome in the adminiflration of a Sacrament introduc'd againft

the analogy and myftery, the purpofe and lignification of it, ought not to be complied with. I inflanc'd before in a Cuftome of the Church of EngIdna of fpri~klin~ water upon infants in their baptifme \ and I promifed

to confider It ag:un. Baptlz:a~ant emm -ueteres; nan ma,nsbm [Hi! aquam bap- Ref , ti!>/lII,u "j}ergentes, ful trmll Immer{tone hoc EV4ngelil fequelfw, Afcendit p. -. elp. 4. IX _qua, ergo defcenderat. Ecce immerJio, TW11 ajferJio; laid :jeremy the Pa-

triarch of CPo StrAightway :je(H4 went up olll of the water, faith the Gofpe!:

81 clime "p, ~herefo"l he JIIent down. Bekold an immer(iol1, not an njferJion.

And the Ancienc Churches following this of the Go(pel, did not in their

baptifmes fprinkle water with their hands, but immerg'd the Carechu.nen

or the infant. And therefore we find in the records of the Church tha~

theper[o~s to be baptized were quite n~ked; as is to be feen in many p12_

ces, particularly !D. t~e IIth.Myftago.glC <;atechlfme ofS. Cyrilof:jem-

[Jilm .: and S. PY01ll6 defcribes [~e ritual in the Came manner. The Bijhop. Lib. d, Ecd. putshu hand upon theCatechumen s head, arid gIVing 4 fign 10 the Priefls, p;"",ch.,,p, commands th.a they wrttethe n~me oflhe Catechllmen and of hi! God-father; de Baptifmo . wbichbcl1Ig wr ute» he f.ms the office or pr4yers, whlcl} when the whole church

hJlh ,eifor".'d t.gether with him, be dcv'jis him of his g.zrments by the Mini-

fieri. And. the. fame thlllg out ot the fame ~uth~r is obferved by Elill4

cretmfis ID his notes upon [he fo?rth. Oration of S. Gregory Nazianzen,

and IS reported a1[0 by S. Am"rofe In his tenth Sermon. Nndi ill (milo na-

jcimMr, nltdi ctidm #cedimus atttavacrum, We are horn naked anI Ifaked 've

mur into Ih,e wAterJ of baptlfme. All which are a perfect conviction that the

Cuflome ot the Ancient Churches was not Iprinkling but immerfion in

purfuance of the fenfe of the word in the Commandel~"nt and theelC;m-

pIe of our Blefled Saviour. »Now this was 0[[0 facred ~ccount in their

dieem, rhatthey did n?t account it lawful to rece. ve him into the Clergy

who had been onely fprinkled in his baptifme , as we learn from the Epi- .

ftleof ComeiiH4to FabiNlofAllltioch, ,,";'~.v?i • ..,;v cnAiV>! "",zVQCTGV'7rl"'-A dE c;:. ;tu:l'i,-nx. ';""'P ~ ,~'T(@.,;, X""f! v 'Tiv,," 'Y"'~, It i! riot la~ful eh4t he;;'o !it6, c.~;'.u. w~ #rznkhd IS hu bed by Ye~fon of Jic!mefs flouM be at/mitted into hoiy mitTS,

Nay it went further then this, they were not fure that they were rightly

Chnllned yea or no who were onely Iprinkled ; as appears in the fame

Epillie of cornelius in Ellf~billS, "'Y' :l;f~ ,,'~'v .mv 'TlI'.IJ1)V ';"n~'r% which NI(Cphor(1S thus renders[if at It.aft [rICh 4 f)tinMing may be e~lIe4 "apti[me: ]

md this was not onely CP?ken 10 diminution of NO'I!4tlls and indignarion

agamft his per[on? tor It was a formal and a folemn queftion made by

u'gllUJ to 5 .. CYPrt.1II • e» habendi Jint chrijli4?;i legitimi, eOlJllod 4qu4 {II- Epin. 76; MArl 11011 iptt flint, fed ,erfufi, Whethfr they are to be ejieemed right chri-

ft,.ns ",h, were onely flrlNHed With wilter, IIT111 Tlot JIIajhed or dipped. He

anfwers? that the Baptifme w~s go~d when it is done neee/ll4fe eogente,

&- Deo tndlligentilm fllam t.rgtelfte, In the cafe of neceiliry, God pardo-

nIng and ne(:effity compelling, And this is the fente and law of the Church

of Engia.d \- not that it be indifferent, but that all infants be dipped.excepr

10 the, cafe of u<;knefs, and then fprinkling is permitted. .And of this fpnnkhng, befides what is implyed in the former teftimonies, there was

B b 4 fome

OJ the pOrPe~of tk~~~_~~~ B_o_O_K _11_I.

fome little ufe in the Primitive Church. fl.!!is enim tibi tam infid

De penlt. <.6. p_a:nit"'ti~ viro ajpfrg_mem IInam CIIJII{ltbet aqu~ commodabii~ faies TertNlli ~ Ipeaking [0 an impemtent _ perf on : Who will afford thee Jo milch M one jin ~n {frinlding of water~ (meamng) ror his ~aptifm. And Slirius in the life 01'V Laurence tells tha.t as he. was gomg to his Martyrdome, one RomanRS a foul: dier brought to him a pitcher of water that he might be baptized of him as he went.; which 10 that cafe mutt: needs have bee~ done by powring Water upo~ him. Flldlt "q'Mm fuper ca~ut eJus: fo did S. Laurence alfo to

D",bu, Eccle- Luetllus, he pow~d water upon his. head. And walAJridfis Strabo from "p.16. thefe v_eryexamples concludes _chat 10 cafes of nec.effity it is lawful 10 We fpnn.kllOg. He addes alfo, that It IS 1awfu~ to doe It when there is a great multitude of perfons at once to be baptized: and Aquirltl4 fuppofes the A poftles did fa when the 3000 and when the 5000 were at once converted and baptized. But this is but a can jet lure, and hath no tradilion and no record to warrant it: and therefore although in cafes of need and charity the Church of England does not want fome good examples in the befl: times to countenance that permiffion, yet we are to follow her command, becaufe that command is not one1y according to the meamn" and intent of the word f3a.7Tli~eTi in the Cornmandemenr, but agrees wit~ the myflery of the Sacrament it felf;For we are bllried with him ill baptiJm( faith rhe Apoflle, In aqua tanquam in (tpulchro_captlt immergtntibus.vetus h~:no ft-

pellttlr& fubmergttur,demde nobiS emergmbllS nOVM refllrgit mddoS.cJ;..y_ filom, The old man is buried and drowned in the immerfion under water and when the baptized perf on is Ii fred up Iron.1 the water, ir repre[ent~ the refurredion of the new man to newnefs of lite, In this cafe therefore the contrary C uflorne not onely being againfl: an Ecclefiaflical law but againfl: rhe analogy and myfl:erious fignification of the Sacrament is not

to be complied with, unlefsin fuch cafes that can be of themfelv;s fulli· cient to jufiifya liberty in a ritual and ceremony; that is, a cafe ofneceffity.

In illud ~. ]lJhan. l\:ili quls renatus

. &e.

13. And of the fame confideration is it, that the baptifme be performed

with a trine immer(lon, and not with one onely. In Englawd we have a cufl:ome of Iprinkling, and that but once. To the fprinkling I have already fpoke , but as to the number, though the Church of Engla"" hath made no law, and therefore the cuflome 01 doing it once is the more indifferent and at liberty, yet if the trine immerfion be agreeable to rhe analogy ~f the myflery, and ~he o~her ~e not, the Cufl:ome ought not toprevail, and rs not to be compiled with, If the cafe be evident or declar'd, Now in this particular the Ienfe of Antiquity is clear- Nam nee fimet, fed ter

Adv. Praxcnm ad jingHla nomtn« tn perfoniU jingul.u tilJgimllr, faith Tertlil/ian: Dthi»r ~.;:s;o,on' ter mergitamur, We are thrice put under water, nor once; at the mention rnilit. c. 1 j. of every perf on we are dipped. The very fame words we read in S. Biero",

againfl: the Ltleiferians. But more largely it is explicated by S. Ambro(l.

Lib. a.de Sa- ThOll svert iUlad, Doe_ft thou beli(ve in God the Father Almight]! 4nd thoN <r,m,"p'1· dld_ft r.y,r doe belieoe : and thou wert p!tmged, thtlt is, buried. ThoNIPlTt IUked agarn, Doeft th~u believe tTl Ollr Lord ::fIrm chrifl ? and tholl fAidrfl, [ doe beluve : and thM wert dipped or plung(d; And therefore thou art buried together with Chrijl. The third time thou wm iUlad D8e!l thoN beli(ve in the Holy Spirit ?andthou {aideJl, I doe bdie'llt: a;dthet~ird time thog wert phmged ; that thy thm-fold confe/ion might waJb away the mllny lapfts of thy former life. S. Denis fays that the trine irnmerfion lignifies the Divine

elfenee

~4-.-- ---~fJ Canons and Cenjare«.

e1fenee an i b~atitude of God in a Trinity of Perfons. S_ Athanajila fays in Dif:i, &_ init figni,fies the dwh, burisl, ,tnd refarrel/ion of ~llr B!e!fi-d S avilar, together ~~:l;: .. ~"''''. witl,/1IS bern:; three d"yes III the grave. And ehis thing was fo the practice Vide '\Il?,utr: andcuLlome of the Church.that in the Canons of the Apofl:les ~ (as they Homi!:4.

are called) he that does not ufe trine immerfion is to be depofed from his ;7,n~P:,Jg;: di~niry. Tw) fL''''Y bmqJnfL"«V x",-ra:!'UQlY «m;(3i; bSt, It is impiom ami ungodly fecr. Jill.4. toimmergc.bllt ~nce in bap/i[me; fo Z,OI1arM UPo? that Canon:and S. Chry- ~'t::': 49' foJl~me derives It fro,m Chrifls intliturion, ommbus my_ft,ertl$ veiNt jigmlm

Imponem Dominus ; III tribss merfiomhllS IIqll41 IInllm baplifma difciplllis (ui;

tradidit, Ollr Lord did ttl it were impofe a jigne upon every myflery a/1(1 de-

livered fine haptifme to his Difeiphs in three immerftMs or tlippi;gs : and

6erefore fays, that though this defcended by tradition, yet it hath the :10-

!llorityof a law. And the fame thing we find affirmed by pop~.Pelagius,

as he IS Cited by Gratisn de confecrat. dlft. 4. And Theodoret fpeakmg of the Lib+ H,,,,. heretic Bunomtns ; who lirLl of all without authority and againft reafon did fabul.

ufe but fingle immerfion, he fays that he Iiibverted the rite of holy bap-

tifme which at lirllwls delivered by our Lord and his Apoftles.

14' Now in rhefe particulars it is evident that the Ancient Churches did

otherll'ife then we doe: but that is not fufficient to force us to break the Eedefiafiical cuLlome which is of long abode with us. But when they fay tllefe things are to be done by Divine precept, we are to confider that upo~ ir's own account: and though Fome of the Fathers did fay fo, yet it can never be proved to be fo , and It were flrange that there fhould be a Divine Commandernent of \~hich there is no mention made in the four Gofpels, nor in the ~ds or Eplfl:l~s of tl:e Apoftles. But then that there is in dil?plIlg, and III the repetitiOn, of It, more correfpondencie to the analogy and myLlery of t~e Sacrament, IS evidenr , the one beullti a Sacrament of the death and burial of Chritt, the other a conteflion of, and an admiffion to the faith. and profetfion of God in the'mofl Holy Trinity: and therefore I ~ay, It IS rU~Clent IVa.rrant that every fingle perfon break that cuflome of iprinkling which IS againfl the Ecclefiafl:ical Law; and it is alfo a fufficient rezfon to. move _ the Church _to introduce a contrary cufl:ome to the other 01 finple l1nm~rhon, cO.ncernmg which as yet there is no law. But becaufe there IS eve_n 10 fpnnklmg fomething of the analogy of the myftery, as is I'lghtly obferved by AqllJnas and Domini'lls it Soto; and becaufe it is noc certain that the beft reprefenration and the mofl: expreJIi.ve ceremony is reqUir d ; th:refore the Church .upon great caufe may lawfully doe either .. but becaute It IS better to ufe dipping, and it is more agreeable to the myfteIy to ufe It three runes, and that Co the Ancient Church underftood it therefore thete things are a fufficient warrant to acquit us from the obliaa: tion of the contrary cufl:ome ; becaufe a cufl:ome azainfl which there iSo fo much probability, and in which there is no neceffity and no advantage.is co be prefumed unreafonable,

15., But if the cuflome of fingle. immerfion ihould by fome new-arifing

neeellity be~ome .reafonable, ~hen It no~ onely might be retained.but ought to be complt.ed Wlt~. Thus It ~apned In Spain in the year DC. the Arria" Bifhops finding their advantage In the readily-prepared cuftome of trine immerfion.ufed It and expounded it to fignify the fubll:antial difference of the Son and the Holy ~hoft from .the Father. Upon this LeAnder the Hi/bop of Se'IJJi gives advice ;md notice to S. Gregory BifllOP of Rome; who com-

meads

298 Of the Power of tbe Church BooK nr

mends Leander for ufing a lingle immerlion, which he did to lignify th~ U~ ty ofnasure in the Divinity, & tha.t he might not comply '~ith the Arriam: and this was afterwards brought into cull:ome, andthen Into a law by the

Can. 5· alias 6. fourth Council of Toledo. But unlefle Iuch an accident happen, and that

• the reston be changed,everyChurch is to ufe her firll: cull:omes,thofe which be right, and agreeable to the feafe and purpofe of the Sacrament. But otherwife an evil cull:ome is better broken then kept.

R U L E Xvl,

The Decrees and Canons of the Biiliops of Rome oblige the conlcience of none but his own fub_ jeCl:s.

J. THis mull: needs follow from. divers of the former di((o~rres: for iIB:-

Ihops in their Ipiritual capaCIty have no power of makmg laws ot external reaimenr without the leave of their Princes, or the con rem of their people, tllen CUI:pofing the Popes great pretence were true, that he is the head or chief ot the Ecclefiaflical order, that from him they receve Immediately all the Ipiritual power they have, yet this will afford him no more then what Chrill: left to the whole order; of which I han already given accounts,

z , But in this there will be the lefle need of inquiry, for Iince the Bnhop

of Rome by arts which all the world knows had railed an intolerable Empire, he us'd it as violently as he gOt it, and made his little finger h.elVier then all the loyns of Princes: and in the Council of Tren~, when In ~he 25th SefIion the Fathers confirmed and commanded the obfervationofall Canons, General Councils, Apoll:olical ordinances made in favour of Ec-

cleliaflical perfons and Ecclefiaflical liberty, they at once byell:abhlbmg the Popes Empire, deflroyed it quite, for they made it impoflible to obey. and the Confciences of people were ter at liberty, becaufe tbey were com-

manded every man to beare a fteeple upon his back. For firlt there were an infinite number of Apoll:olical ordinances.iaith Cardinalcujdnlls, winch were never received even when they were made. Then let It be confidered

what there is to be done to Gratian's decretum, which is made pm ol the Popes law: and who knows in that concord.tntiJ. di[cordAntiamn, that contradictory heap of Iayings, which Ihall, and which fhall not obhgethe Confcience ~ But then the Decretals of Gregory the 9th and 01 Bonij.lce the 8th, the Clcment ines and Extravag.tnts, all thole laws in that book which is called Colleiiio diverfdmm. ,·onjfiflltionum & literarllm Romal1mm PontifiCllm, and in another called Epijfol.e decretsles Summorum POlltlficllm in three volumes, and in another called Eclog.t Bull.rum cr m011ll171l propriomm, and in another called Sllmma Pontificum, and in the ~evenlh book of the Decret als not long fince compofed, and in their Rules ot Chancery, their Penitentiary taxes, am! fome other books of fuch loa~s as ~hefe that! need not adde to this intolerable heap: but that a C~nll:lan Btihop fhould impofe, and a Council of Chrifl:ian Bifhops and Priefls fhould ue upon the Confciences of men fuch burdens which they can never reckon,

never

Cap. '0.

Lib.c.c.r r.

-~-----:;--:;;;----~~-;:----.----~

CHAP.4. in Canon! and Cen(urc!.

-----~-----:---.--.----- -- - ----

never tell over, never know, never underfland , and that they fhould doe it then when a Chrill:ian Emperour had given. advice that the Decrees and Canons Ihould be reduc'd to a lefs number. and made to conform to the laws of God, is fo fad a Il:ory, fo unlike the fpirit of Chrill: and to government Apoflolical, that it reprefenrs the happinefs of Chriflendorne that they are not oblig'd to fuch laws, and the unhappinefs rhat would be upon them if the Pope had the rule and real Obligations of the Confciences of Chrifl:endome.

". But of thefe things the world hath been long full of complaint; as

, appears in the writings of the 'Car1illtll of Cllfll, in b Mar{iiillS of fadM,. J Ubi IUp".

in Avent1l1us, in ,j Albtrtclis Rofate, Ill' Gregory Hambourg,1O I Matthew of b 1~ Detenf , Pdr;" g Matthew ofWejlminfter, h Nic~11l11S dt Clemangit., i FraneijcHs DUII- ~~~I' pm ••• c. millS, k the cardinalofCambr4Y, and many others both collected by Gol- d. 7. Annal. dljfM,and the CMIIlogllS tejfillm veritatil by [Uyricus. Infomuch that if the 70iOI""" . people had not been ignorant and fuperfl:itious, qMi facilius vatibus quam z:~o~:"~. 'de J)ucibus parent fi'H, and more willing to obey their Priell:s then their Prin- ~uadricn. pr,,ces, and if the Princes had not been by fach means over-powered.thefe De- ,';~~onfut. crees and Canons would have been as eafily rejecled as many others have I'rlmar.I'apa •• been. For ifby the Papal fanCtion they doe oblige the Conlcience, then ,?nfider.prin(hey all oblige. If they allobllge.how comes it to pars that.as C,tjanus faies, jT~ Henrico tinfinIte numbers of them are rejected when they are newly made ~ And if, In parte z,

[0 many of them may be rejeded, then which of them Ihall oblige? if they ;\ f,;. [,'47 •. oblige by the authority of the Pope, that is alike in them all : Ifby the ~ ;;;;;J~~~;~i. condition of the matter, then they bind as they abaree with our duty to Ii. j~ J'rxiat.

G d d P· . h h bli k d d h dificati Ibrl de Iacris

a an to nnces, Wit t. e ~u )lc. goo, an tee I cation of the Eccler,. ~jini-

Church, and then the authority It felfis nothing, Heriis,imp"r.

Il. Al\iacmf. de Reformat. feeler. contid, 2. Sec a1fo [he rcrgerJ Dresm made in Latin/!~I;he timeoi (..1~JrlJ the IlfthJ and tranllncd into French.

~. And it is no trifling confideration, that the body of the Canon law

was made by the worfl and the moll: ambitious Popes. At~xander the third, who made GrAtiall's decree to become law, was a Ichifmatical Pope, an Antipope, and unduly .eleeted: The refl were Gregor] the ninth, BOllifact the eighth, clement the fifth, :john then, perfons bloudy and ambitious, traitors to their princes, and butchers of C hrifl:endome by the fad wzrres they rais'd, and therefore their laws were likely to be the productions of violence and warre, not of a jufl: and peaceable authority.

j. But to come nearer to the point of'Conicience , who maderhe Bithop

of Rome to be the Ecclefiaflical law-giver to Chrill:endome ~ For every

Bifhop hath from Chrill: equal power, and there is IiO difference but what isintroduc'd by men, that is, by laws pofitive, by confent, or by violence; ,fdTrinitatii inft"r, eujlMun" efl4tquc indi'llidua pottjfJlS, U/Ilim ejf per di- H.mn.A. D. wJos A7Jtijfitts factrdofium, faid Pope SymmachlH. As is the power of f99· n. l~· (he holy Trinity, one and undivided , fo is the Epifcopacy, divided a-

mongll: all the Bifhops , but dtpolVer is the fame. So S. Cyprian, UII4 Lib.f. Epifr.>, tj/ Ecdejia per totllm m"nd"m in multa mtmbr4 divifa: item Epi[copalllS

unas, Epifcoporum multorum coneI'd, lIf1merojifAte diTfilflH; As there iI but .

Ine church in the wbQle world divided into mill1y members, fo there iI btllone

BijbQ!rick parted into an JlgreeiTJg number ofBifhops. And again, Let n/l man

Jlmvt the Bmherhood with "lie, let 110 mall mrupt the trNth offaith with.i

perftdiOJli

3 00 OJ the pOllJer of the Church Bco« HI.

La" 4. [rill,;, perfidiGm pr.wArication.' EpirCOp4~ #1I~~ji,~lIjll-;a finglll;' in f;lidum pm lib. I. fp·l· tenetur; 'T~m is {;1If one Bifhoprick, 411d every one of lIS hatiJh~ jhart: a p<llt 6fthe flock I! gwen to evcry Paflor. !,/,ow If one were the ulllverCal Bithop over all, then thefe zealous words or S. CyprIan had not been reconcilable to rrurh and fenfe: for then the unity of the Church had been by a unity of fubordinarion, not by an identity of office and a partition of c1lJ1'ge. To

Eril\. I. the fame purpofe is that of Pope Dam4lts, writing to the African Bilhops to require their aide i.n a matter of difcipline, Nos txcujare nen pojJilmlll,p tjm Ecdeflam qu.e nobu generailler COlilmlfTa eft in q1l411111 pr.evalemH4 pur'lm It fll7n i/licitff jllper/fitioniblls non cllflodiamlis, qlli4 non aliter Hnlll gux & linus P4flor fumllS, nift qllemddmodtlm .Apoflollls dOCtt, id ip(um dieam., emnes ; &c. 'The church is committed to /IS in common, and JIIe have no otlm lVay of being on« flock l!TId OPe fhepherd, bllt by /peaking the fame things] that is, confenring and joyning in the common governmenr. This is the fame which S. Hierom affirm'd, omnis . Epi(copus, fivl Rom« INait, five Ellgflbii,jive Conflantmopolt, fiVl RheglJ, ./we .1Iexandrz.e, five Tafl4is, (jllfdem tj! meriti ; tjufdem facerdttii: his all o~e, there is no difterencein worthinefs and power, whether he be Bifhop 01 Rome. or Eliglibium, Confldntinople or Rhegium, Tnnsis or .Ale_,<andri,/. For as It was with (he Apo-

Cyptimde Illes, 10 with their Iucceflors , Hoc IIliqlle ersn: t ster: Apofloli allodlr.lt

uni-. Ecdef h &,() h '1

PetTIIs, pari conforlio pr.edlti & onori« pouJ.atu, W at Peter was t1lltthe

ref] of the Apofiles were; He was the VIcar ofClmfi on earth, and Co were they, and fo are their fucceflors. CII?"t eni", Eccltfi,. drift.nfl, Chrifti autetn ricarii sacerdow funt, qlli vice chrifti legatione fllng.nt.rilt Ecclejia, [aid Pope Hormifda: and S. cyprian calls the Bifhop, Ullllm ad lem·

Vide S. Cypr. PIIS vice chrifli ::f'ldicem, the Deputy and vicegerent of Chrifi.S. i'etlt had l:b' 'po I·t the Keyes given him, [0 had the Apofiles, and fo have their Succeflors, 5. '1;"i,~~[; in S. Peter was the pillar of the Church, and fo were the other Apoflles , He I Cor.r r. was a foundation, and fo were they \ lor Chrifl hath blfilt his clJmh upon

the fOllndation of the Apofll6S and Prophets. He was niTp@., and everyone of them was 71"7e;t, a rock, and Chrifi was the Comer-Itone, And what

. they were in their perpetual office.that t!:le Bifhops are • .Antiflitem p.riorem

c.eleris efJe oportet, 'PJifiS mim [chrifli] per(onam 1J4(,erevidetfIY, tft wi ..

JnQuz1l. Vet. vicarillS ejll', lit quod c.tleris licet; illi nun licest; qllia malTe habet qllPtidie &N.Tdl.q.ult. Chrifli'1licem dgm, faid S. Allflill. A BiJhop ought to be mordoly thm ~ ad fraeres others, becallJe he hath the perfon of Chri/f, he i5 his ricar, wh.lt is lawful!o ~~p~~~~o, others is not l"wful for hiT'" for he e'1lery day is in his place or flead. Adde

to this, that the power which the Bifhops have, they have it Immediately from Chrifi, they are fucceflors of the Apoft1es, of all, not of Peter onely, many Apofiolical Churches which were eflablifhed by others bein~ Cueceeded in as well as Rome \ that thefe things art evident in matter at fael, and univerfally affirmed in antiquity clearly and without difpute,

6. From hence it mufi needs follow that by the law of Chrill: one Bi-

fhop is not Iirperior to another. Concerning which I need no other tellimony then that excellent faying of S. Cyprian in the Council of carthage, It remsi»« (faith he) 111"t lVe a/I JPeak lVha'ftuery onr #f us dots think,j"dginJ no man, alld "I"ling to communicate lVilh no man that jhall happen to bof a differing jlldgment. Neq"e enim quifqllam noftrum fe Epifcopllm Epifcofo. rumconftilllit, dllt tyranl1ico terrors lid obfcqumdi majttaum coUegtfJ /UOI ad'git; qll4l1do habeat amn» EpifcopllS pro licenti« libeTtatis & poteftam flU arbltmm proprium, tallqllam judicilri ab slio 11011 po!it, cllm me ipfe politi

. A/rerllm

~~4·-·-· in Canons and Cen/uyes.- . 30 I Jt;;;m jlldicd~-(ed expea~;';~/-Cs-u-p--:iv-e-rji-;;/C-:-jll-d-;-:ic-;i1I-m-D-om-:-in-:i-Cn-ofl--:-rt--:. -Je-,eeJi-=-II-:"_cbrijli, qRi "nus & JOIIIS habe~ pote/fatem & pr.eponendi nos in Ecdefi.t fu.e ullbmt.ltlolle, & de lIa'l noflro Judlcand" For none of us makes himJeIf., si-

]hop of BifhopS, or by tyrannical terror compels his co!legl~es to a neCe/!f] of lomplying.' for evcry BiJhop lutb a !rberty and porver of his OJlll! arbltremwt,

neither cs» he be judged by anyone, nor himfelf j IIdge any other; bllt ,ve alt

muft expea the jlldgment ofoler Lord ::feflls Chrifl, who by him(elf and nlon«

bath power olrellillg liS over Ike government 0this c_hllrch, and of judging us jorwhallVe doe. Now If all Bifhops be equal in their power, then the Pope cmbythelaws ofChrif] make laws no more then anyBilhop can ;:lnd

what the legiflative of the Bifhop is, I have already declar'd and prov'd:

and therefore for thefe and infinite other rcaJons the Confciences of Chri-

fiims may be at peace as to the Canons of the Popes, out of his temporal jurifdiCl:ion. Co~cerning which ot.her reafom who pleafe to require them

IDl)' find enough in ~ Spaiatcllfls, 10 the replies 01 our Enghfh Prelates in •.

the queflions of iupremacy and allegeance, ill Chamier, NOlt/in, Gerard I ~'bG 2. Cpo 300 divers others. I have the lefs need to infift upon any more particulars: ' , ' be,aufe I write in a Church where this quell:ion is well underflood, and futlieiently.detel'min'd to all ~ffeCl:s of Confcience. lonely ad de the faying

oivEneas syivifls who was himfelf a Pope, Ante Conciltnm Nicenum quif Epil.l. '88. q'" fibl vivebat, & parvlls rrfPealls h"bebatllr ad Ecclcjiilm Romallam, Before

,I" Nicene COll1lci/ every man /p.JCd to himfelf (that is, by his proper mea-

fsres, the limits ofhis own Church) and little reg.lrd rlM4 had 10 the ch/lrch

of Rome.

s, IV.

Of the matter and conditions of E eeL'S I A S TIC A L Laws requir' dto the obligation ef Confcience.

R tl L E XVII.

,; Eccleflafhcal laws that are meerly fuch cannot be'

Llniverfal and perpetual.

"

1'1 Doe no~ mean onely that Ecclefiaflical laws can be abrogated by an

. Authority as great as that which made them; for all pofi,live laws' both o! God and man can be fo, and yet there are fome of both which have been obliptory to all men under fuch a government, and during fuch a period, that have been called perpetual & for ever. But that which is here intended is of greater confequence and concern to the Confcience, and it is this, That Ecclefiaftical laws meerly fuch, that is, thofe which doe 'not m\"ol\'e a divine law within their matter, mufi be fo made as that they doe not infringe Chrifliall liberty \ and Iecondly, that they be Io enjoyn'd, that ,hlcommandements of men ;e not tarlght for doarines. Thefe are very material confiderations, but of great difficulty; and therefore it is fit they be moll ferioully confidered.

l. They mull be irnpofed fo as to leave our liberty unharm'd , that is, Ihat the law be not univerfal, not with an intent to oblige all Chrifiencome, except they will be obliged, that is, doe confent, For laws are in publick as actions in particular; actions are done by lingle men, and laws

C c ani

Galar, S.l.

Of the Power 0/ the Cb~rch ~OOK_~

are made b)' limited communities. A Society cannot be [aid to doe an action, and the whole world cannot be raid to .make a law; but as th;aftion is done by a determin'd perfon, fo the law IS made by a determm d Government, as by the Church of EnglAnd, of ROTlle, of MI~41~; and the Ca. rholick Church never yet did meet flnce.the Apcflles dales In any a{[embly to make a law that fhall bind all Chrifhans whether they confem Or no. And becaufe one Church hath not by any word of Chrilt .amhontyover another Church, and one King is not f~penor to another King, but all are Cupreme in their own dominions, of wluch the Chu.rc.h is at I~afi a parr, and if they be all Chriflian, it is that Church, that Chriflian dominion It mull: necelfarily follow that no Ecclefiaftical law ~an be made with a power of palling neceflary obligation upon all C~nfilans. And therefore the Code or the Catholick Church was nothing but a collection of [orne private conflitutions which were confenred .to by many Churches,

d to which they bound themfelves, but did not long fland [0, but ~hanged them more or lefs according as they plea~'d. And when the Roman Emperors made any Canon Ecclefiaflical into a law, It. wasa part ;fthe Civil law, and by that authority did oblige as oth~r cil'illaws did, not all the world, but onely the Roman world, the fubJeds of that dominion.

But when any law or Canon Ecclefiaflical is made, it is made by acer-

3· rain number of Ecclefiaftics, or by all. Ifby all, then all confect firft or laft, and then every Bifhop may govern his charge by that meafure , but.thJt was never yet reduc'd to practice, and prevails onelv by confenr: But Ifby a certain number onely, then they can but by that meafure rule their o\\'~ Iubjects \ but if they obtru~ it upon others, then comes III thepreceptot the Apoflle , Stand fafl· in the liberty will, whIch chrifl h"th m.lIie f8l1 fm, and be not aK"in infang/ed in fIg Joke of bondage.

For when Chrif] had made us free from the law of Ce_remonies whicn

4· God appointed co that nation, and to which all other nations were bound if they came into that Communion; it would be Intolerable that the C~urches, who rejoyced in their freed orne from t.haq·oke \\'hlc~ God had nnpoled, fhould fubmit thernfelves to a yoke 01 ordinances which men Ihould make: for though before they could not, yet now they may e~erct[e communion and ufe the [arne religion Without commumcatmg m rues and ordinances.

5· This does no way concern the [ubjeCts ofany crover~ment(whatlibm\

they are to retain and ufe, I Ihall di~co.urCe in the foUowmg numbers) burit concerns difiinCt Churches under diflind Governments, and It n~eans, 1S appears plainly by the context and the whole analogy of the thing, thh:lt the Chriltian Churches mufi fuffer no man to PUt a law upon them lh~. 0 is not their Governour. If he have undertaken a pious difciphne, let im propound it, and for G.od's glory.and the ~e~le of fouls en~eavour tOa~~; [wade it· for all that IS not asainfl Chriflian liberty, untill any m fI any Chu~ch fhall impofe it and command it, whether the Churches ple_ll or no, whether they j~dge tt ex~ecient or,no, whether it be for.t~elr :d!nft cation or not for their edification: that s not to be fuffered , It IS a~a

our Evangelical liberty , and the Apoftolical injundion, '

And

6. And this was fo well underftood by the Primitive Churches, that

though the Bifhops did appoint temporary and occafional fafts in their Churches upon emergent and great accidents, as TertuUiaTi affirms, yet they would Cuffer no Bilhop to impofe any law of fafting upon others, but all Churches would keep their own liberty, as I have already proved in

this Chapter*:& whenMontam,! did pn"I"" VOl"o,9" .. )~ make a law of fafting, • Rul, 'i,n,~. not for his own Church, but Intended that all Chnfilans Ihould keep the

blls appointed.they made an outcry againfi him & would not endure it ;&

yet he did it o.nely for difc!pline,riot f,or .doCl;l'ine,lor piety.nor as of necefli-

ry, as appears in Tert,dlian. s book of tafimg,lO the firft & fecond Ch~pters: Vide etiam c, and [hey alfo did keep fafhng-days fet and Iolemn, every Bifhopin his owa 'l. lie 'I. Church at what times they would, but almoft all upon Good-fnday; but

this wa:by confent and with liberty, and that they ought to defelld,and fo

[hey did.

13m Ecclefiaflicall.lws mllfl not be perpetuaL

7· That is, when they are made; they are relative to time and place, to

perfons and occafions, Cubject to all changes, fitted for ufe and the advautage of Churches, mini firing to edification, and complying with charity. Now whatfoever is made with thefe conditions, cannot be perpetual: and whatfoever Ecclefiaflical Law hath not thefe conditions, the Churches ousht not to receive, becaufe they are impediments, not advantages to the fer~ice of God. If they be thus qualified,no good man will refufe them; if they be not, they are the laws of Tyrants, not of Spiritual Fathers:

For this whole affaire is fully ftated in thole words of our Blefled Saviour; reproving of the Phari{m and their EcclefialEcal laws, he fays, they hy fhlir trsditiens did evacuate the CommandmJent of God, and they tl/ught for doc1rines the commandcments of men. The full fenfe of which when weunderftand, we have the full meafure of Eccieliafiicallaws, not onely as they relate to the Churches and communities of Chrifi:ians under diftinCl: governments, but to every lingle Chriflian under his own goverrtour and fuperior. Thefe I fay arc the Negative meafures: that is, Ecc1efiafi:ical laws are not good and are not binding if they be impos'd againfi the intereft of a Divine Commandement, or if they be taught as doctrines. Of the firfi there is no doubt, and in it there is no difficulty: But in the latter there is a very great one,

g, For when our fuperiors impofe a law of difcipline, they fay it is

good, it is pleafing to God, it is a good inftrument and minifiery to [orne venue, or at leaft it is an ac'l: of obedience, and that it is fo, is true doctrine: what hurt can there he in all chis ~ The cornmandements of men are bound Upon us by the Commandemeur of God, and therefore when they are once impofed, they ceafe to be indifferent, and therefore may then become JI,:I'a,Xa.l doEfrincs and points of religion; what then is that which eur Blelfed Saviour reproves ~and what is our Negative meafure of Ecclefiafh, cal laws ~

9, To this the anfwer is belt given by a narrative of what the Ph4rifees

did, and was reproved: for all was not repugnant to the law of God,neither is all that amifle which me» te4ch to be done. For our Blefled Saviour cQmmanded us to hear them that fate in Mofu chaire, and to doe wharfo-

eel ever

io4W~' of the pOllier of the Church BooK Ilf. =: T-v-er-th-_ e-y -c-om--"m-an-d-e-d-=: -no-t abfolutely -;h;~~~-;-b~'~~h-;fio-':v--f"

, 'r har i h r " er 0 a

_ er~am lore; t at IS, I. W anoever they ,tau~ht by a probable inter ,r_

. anon of what ,was doubtful,l, z , or by falthfull cO~I~fel concern:ng tbhl;S belo~glRg to piety and ch~nty, 3" or by a determining to circumfbn~~s of tune and place thofe things ~,ll1ch were left to their choice and cOIlJua

"I .

10" ,Whatfoey~r was betides tbefe, th~t is, I. w~atfoever had it's founda-

non }Dthe opm!ons of men, and ~ot m,fomethmg certainly derivedli:om God/If brou~ht into re_II~lon, and impos d on mens confciences as a part of thefervice of God, this IS the teaching for doctrines thecommandem

of men, But betides this 2, if what is dedue'51 onely by prob;bie i~~~:~ pr~tatlon be obtr,uded as a matter of faith; or 3. if what is piouQy coun, fel d, be turned mt? a perpetual and abtolute law; or 4, if that which was left to, the choice and conduct of the governours, be handled nOt;5 matter of liberty, but of neceflity , in all thefe cafes the comm;mdement of men are taught for doctrines. 5

I I., , The reafon of thefe things is plain, for the Iirll;I! it have no foundi. non In ~he law of God, b!l~ in humane opinions, and yet be tJusL[ for doctrin e',It IS literally the thing rI,Iat lihere reproved.For the reco~:" Wl"ltIoever IS ,b~t prob~b!y collected Is'n~t t,he word of GDd, for t:l.t IS :!I\\'ays certain: ~t IS. tr,ue It IS n~t probable m rr felf, but in it felf is true or fllft; but to him It IS but pro;)~ble, and therefore to fay this is the wore or the ~omm,andel_1~e.nt of ~od.' I~ more th:n the man can fay; it is t~ Ly that it IS true I_n It Ielt, th,lt IS, It IS a doctrine of God, when indeed It is but the word ot !"lan for ough~ we know.' For the third; When God hath left r ar liberty, If man [Urnes It into acommandemenc, and teaches it for the law of God, he do~s more then God, would doe, and more then is true; for God never made It,lIItoa13w, and man cannot make It to become God's law-for the Erclefiaflic order being put God's Minifler and the publifher of God's will, mull propofe things as 'they received them from God , that which is law, as nec~lfary" that which is CounCeI, as Ilighlyrewardable. For the fourth ; I~ I~ be left in the power of the G(}Verno~rs, then it is hoc ipfo evident t,ha,t I~ IS not ~ecelfary, and therefore though It may minifrer to order :1II~ ~I~c!plme, yet It mull do~ no more: it may be called obedie/lce,{o long as It IS JulHy bound upon, us with the cords of a man; but it mull: not in any other fenfe nO,r at any time be _called r(/igiOlJ, How there two lall: forts may be made Into ,laws I fhall accol!nt when I fpeak of the pofitive meaIures of EccIefialllcal,laws ; bur abflraerin~ from that fuperinduc'd oQliganon, to teach thefe tlungs as neceflary which God hath not made fo, is to doe as the Pharifees did.whom our Bleffed Saviour fo reproves.

I 1. ~n example of the firft is the Pharifm teachins the waihing of cups

and d;Qles, becaufe they faid that if ,a Gentile or any unclean perfon had tou~h d their vtffeI, that tonch'd their meat, the impurity would goe into their body that e~t It, and from thence into their foul; and therefore they taught the doctrine or tradition of cIeanung veflels and wafhinz their

~~~ ~

~up"(}''(g;r" ~, .... 'P on: <Pa.P'l9'''JIV

, !1e9' on: y,m'v, as he faid in, the Greek Comedy;

findtng out a vain remedy to cure a phantaflica! difeafe, Thus in the Chlll'ch of Rime, they txorcife fait and water to caft out Devils; they give verfes

\

" \~

in Canons and Ccn[uru;

30')

----~~~--~~--~~~~--~~--~. verfes out of the Pfalms or Gofpels to charm witches; they ring ehehells

toappeafe rempefls.and very many more fnch ridiculous devices. z,Ofthe [econtiwe ~ave examples ~nough in t~Je Council of T~ent, who drewiuro a

body of articles.and declar d thofe things, Iome of Which ate but probable

at molt, and fonie of them apparently fslfe, to be articles of faith: and tin-

der this thofe alfo mull: needs be involved, who perfecure men for opinions

md doubtfull difpurations, 3, Of the third, they are very evil examples

who to Iome whole orders of men lay an injunction of keeping Evangeli-

cal counfels: Iuch who forbid the whole order of the fuperior Clergy to marry, and command them that are married to forfake their wives or their

office and livelihood, 4, But they are guilty of the jflTlrth kind of prevaricating of the words of our Blelfed Saviour, who perfecure the breakers

of an Ecclefiall:ical Law with" feverity greater then the violators of a Di-

vine Cornmandement, For if there be any liberty of any fort left after an indifferent attion is made into a law of man, it is all dellroyed by them who

oive leffe libercy to the tranfgreffion of that law then to the breach of God'slaw,under which there is left no liberty, but the liberty ofa chearfull

and voluntary obedience. For they that doe fuch thinss mull needs at

lea!i fay that fuch humane injuriction~re as neceflary as the Divine Commandements ; for elfe why are they more Ieverely punifhed ~

IJ' The Iinnme is this; Not onely thofe who expreflely teach that whae

they ~ave invented is a ~o~mandement o~ God, but all they that fay any thmg IS a law ol God which IS not, though It be good, though it be probable, and all they which ufe arts and fecret devices and little arguments and inforcemeuts, and prefle indifferent things up to the heiahr and neceffiry of religion and a Divine Commandernenr, are guilty of this Pharifaifme, obnoxious to our Saviours reproof, and if it be in the matter of Ecclefiaflical laws, have exceeded their meafures and their power, and _ bind rhemfelves but not the confciences of their Iubjeds, A Commandernent is not onely then broken when we bid open defiance to ir, but then .alfo when we doe :Ilions unlike the venue of it, and adions tending to the violation of it; that is, there are degrees of violation of a Divine law: and an EccIefiall:iol law that does in auy degree break this law of our Blefled Saviour is therefore void, and is become intolerable.

14. _ Of thefe things Ithall yet give two great examples, one of the Phll-

film, and another of fome that follow their e~Jmple in this ;lffdir, God gJ~e a Commandement to the 1rJlJs of keeping holy the Sabbath-day, rheir new Moons and Iome ocher Iolernnities, Now there were many plr" tkulars III the obfervation which were not derermin'd in the Law \ but I" what was doubtful! was to be expounded by their Doctors. 2, Some thIngs were left to the liberty of good people, and the meafure of them was bell deterrnin'd by their Dodors and men learned ill the Law, "There were Come Canons Ecclefiaflical which were outer guards and hedges to the law it felf, that men might by thofe diflances be kept farther off from f,n; and in rhefe things their Rulers alfo had power. Now though all this they could doe, and might pretend an authority from God to interpret the Lawa".d to guide the Confcienees, yet when they fell into ridicnlousCommentanes and ulelefle Glolfes, neieher the law it felf about which their int~rpretations were imployed, nor their authority which they had from GOdCOllld Iecure thenrfrom tyranny, and corruption, and doing violence

C c 3 tO'I

/

Of tbe Power oj the Church

Boo I< hI.

to Co":fcience, and impoling unequalburdens, ~'Thus '~'e find that the~ cc Rabh'lls taught, that upon a folemn feaft.day It was not lawful to catch " lilli.in their ponds, . but they might hunt th.e hens and catch the geefe in ': their yard. Th~y might not blow th.e fire WIth a pair of bellows, becaufe , that was too like the l~bour of Smiths; but they might blow it throuoh "a hollow Cane .. They ml~ht make a fire and fet on their pot,butthey m~!l " not lay on their wood like the ftructure of a houfe, that is, too artifici. "ally \ and you !lluft rofl or boyle no more then was neceflary : and if you "made a fire, you might wafh your feet with warm water, but not yo "whole body. You mull not .touch an ~~anvas laid that day; nay~;' " you.were d.oubtful whet~cr It wer~ laldthat'<lay or no, yet you might not "eat It, and If that were mingled WIth a thoufand you might touch uoneof " them: bur if you kill'd a hen, you might eat ~he per fed eces that you " found in her. T~er~and many more fach little dodrines th~y tauaht to beobferved, as explications and manners of the obfervarion of the Divine Commandemenr: but thefe I have here rranfcrib'd from the jewes books that we may ~erceive t.he ~enfe of our Blelfed Saviour's reproof by the in: flances of their prevancanon, He was pleafed to fpeak to that ofwJihin' of cups and platters: but it is alfo fld. there, ~ «J"a. '1ITJNtr:i t;,v, thm"~ many other thmgs, Iuch as that was which they have received and teach fome of which I .h~ve recited. Now we doe not find that the Pharife~; taught rhefe as divine Comrnandernents, bot they us'd them as if they were; theydid them olila< Xie,<v, they thought themfelves the more holy for doinz them, they accounted them profane that did not they plac'd much of their rdig.io.n and Pha.rifai[me.or reparation in them,eReem. 109 them a part of the divine worfhip : ThiS was their cafe and Chrift

gave their Ientence, '

15. The other inll:ance which I promifed is rhe law of the R oman Church

in keeping of Lent; which it is certa in was no law of C hrifl , nor fa much as the interpretation of a Divine law. Some of them pretend itwas enjoyned by the Apoftles ; others of them fay not, and thefe fay true; Io tll:t it is a Commandement of men: but yet this they teach for doctrine in the culpable and criminal fenfe, that is,

16. I. They value it more then fome Commandemenrs of God. I need

. " no ~ther proofb~~ the w~rds of Erafmlls, reiliti parricida, pent dixmm,

i~r.~ ad Epd. raplt~r ad fuppltCtll1n, iful pro pifeium carnih.us guft,lIrit carnes fUIOM, HI tha! I'll {lead of fifo nM(lIJut taft a plm of pork If dragg d to punifoment almoft t14 if he were a pAr"clde. Guftavlt allqllis csrnes c",mant omnes 0 calsm: (J terra! 0 maria NepJ~ni! Nutat .Eeclefi4 flll/lIs, &c. If they fee a mm eat Befh, they are amaz d, they think the Church is in danger; they put men to death, to the Iharpefl death of burninz alive for eatina flelh· they

Ihut up the Butchers fhambles, but leave ope; the p;blick Ste~vs. '

17, .' ' s. They account it to be a part of the fervice of Cod not onelv as it IS an ad o~ obedience to Iuperiors, bur in it Ielf and with~ut anyrelarive lib,," de bcnis confideration, Beliarmin: faies they are not chriftians that edt ftefh in Lent: §~;:~~c;rdit. which ~vords are extremely falfe, or elfe everyone that difobeys an Ecclefiaflicsl law hath. f?rfe!ted his Chrill:endome; or elfe he places the Iumrne and life of religion m the keeping of Lent, a~d makes it a vital part, exprefsly prevancanng one of the moll: glorious propofirions of Chrifli-

• anity

CHAPA. in Canon! and Cen/ures. 307 snity, placing the Kingdome o/aodin m~t and drink, not inr'igliteoflfnejs 11.0"" Ii, 17 and peace~lJ1i joy in the lIoly ahoft \ and doing that which the Apoftle' hath . forbidden ,~\.v.!.Jen he Iaid to the col0.fians, let n» man jfltl,ge YOIl ;'J"IIi'4~ Coloff " 16, 4nddrmk, If It were onely a quefhon of obedience to the law, it were-to beconfidered upon a dlftmct account, and were a fin or duty re[pedlve1y

according to the (everal difpofitions of the perfon and the law: but no man

[.1ies that he i~ no C:hrifiian who at any time breaks any Ecclefiafhcal law,

and therefore ID this more IS pretended, and it is to be reckoned amonzf]

the /'1J''''Ii'''''fll .... , c.""'fll'-a.l", dviJ'yw'7f1l)', 'he commandements of me» 'hilI

sre 1411gbt for doffrines.

IS. 3. They account t~e exterior action, the body of the injundion, the

element of It to be a Iervice of God \ and for that part of it efteem themfelves the more holy and the better Chriil:ians, as appears in their contentions abo.ut I~ uling ar~u.ments to prove the very faft. to be a facrifice,

a pure oblation • .~ ow It IS true ~h~t faftillg IS a good miniflery to divers ~ Bel;". lib! boly purpofes, but It IS no more; l[ IS tim which can be fupplied by other 'u~rac. II. ~iOlfieries a.s apt, and therefore that in kind is. not neceffary,nor requir'd;it §. ucm,

s that whole work can be done wirhout anyminiflery at all in [orne perfons

& feme cafes, even by love and by obedience, by hope and fear, whlch are olthemfeives direct gra~es, vermes and parts 01 the fervice of Cod. And

Iherefore the Fathers of the Church prefs in [heir Sermons and exhorta-

tio~s to fa!l:in~, that they would take ca.re to acquire the end of fafting, to

be free from VIce, to mortify the affections and 111i1:S' accor.iinz to that

fayiu~ of ljidorc, Faflings with, good,works ar: acceptable'to God: B:s. he that .

4bjfJtnS from mest, alfd docs eVIL, tmtt ates II,~ Devils, quibm e(ca non efl, & ~;,~'~~'. Srnten, nlq.llta femper eft, They never cat, but ever doe wickedly and perverfly. But

hl/afls wef~ ,that f.tjls from m.l11c/o/l(ne{s and (em/llr ambi,iom. Take hed

therefore, Illes S. Hlerom to Celantia, Ihat when YOll IJegin to faft andtl(f E '11 4hflincnee,Jo/1 doc not think YOllr(e!f holy. For thN ftrength adjtlmtnfllm eft; pI ,14·

11:11 p;,"f;,,110 fan~1~tllt:s, I: ~ no~ the ~eieflion ~f fanfflty, but a help om/y.

Nn~I"" 0!f,fI@:.J ", <01' 1'-" '!:J = 1101_ "TilT ... _'=, and there i5 no profit at ,

,! of fa/!lng, 1I~/efs all thmgs eire doe follOlv,faith S. chry(oflome \ that is ~o,n:~I;):i';1. ~?I1l~" a.HS-rrn}{g.rro;v 4~J abflmence from fin intircls : and again, what gain u t\lOm, 4. & ' II if 'P"P.Ol "",lop~wHS-'fW', being void and 'mp!y 'of good works we h.we keprl:o:n.16.

the f.tft? t] therefore ano/her/aies, I have faflrd all the Lent, fay thou, I hlld

anmemy, bill I am reconcil d , J had an evil Cllflome of de/raBin$. from my

Nllghbours [.1711r, hilt I ha7Jc left It off; I .had afJ ,ungodly cuflume of/wearing,

'«t 11 IS NOl1J.amcnded. -r:he(umme IS this, wluch lreprefenc in the words ,

ofrroJfrr, JC)llnta, ,ab{fl1J(nI14, ac ceter« hll)'urn/odi mil pro )'lIflitia fld L. ;,d'tVH1

(l' . J 'hoI . . _) 'J' conremptac

rum JU ItM Deo unt ex loend,I, Abfllnence and faflmgs are .Rot to be givm cap. 10,

II God for good works; IJllt WIth them. Thatls,they are of ufe in order to

tertam purpofes, which when they doe effect they are good,. when they doe

not,. they are ~l[elefs troubles; and If they then be urg'd beyond their mmli1:ery, and infhumentality, and for thernfelves then We return to the

beggerly elements and rudiments of the fynagogu~: and if we fuffer our

[elves to be br.ought under the power of thefe things by laws and affright-

ments and Ipirinnl terrors, then we have loll: our Chriflian liberty which

lVas bought by the bell: blond of [he world.

19, 4. But not one!y the exter_ior and inflrumeni«! act is abfolutely urged

and taught as neceflary, buta circumflance, a manner and forme ofthares-

G c 4 aerier

»,

. 'j

Of the Power 01 the Church

BOOK 111.

in Canons and Cen!ttreJ.

I-have already proved; but that even in Lent the Primitive Chriflians did not abhorre Hefh, appears beyond difpute.lO the cafe of Spm!lon Bithop

f C frlU who when a traveller came to him In the time of Lent very ~vear~ancl'faint,and there was no.cold provifions in the houfeready drefs'd, it being a time of falhng, bids 1115 daughter to boyle rome pork which was . the hou[e powder'd for the ufe of the family: Ole did [0, a~d her Father ilie Biihop eat of ir, and bade his guef!: doe fo too; who retus d.faying that h was a Chriftian- The Bifhop replied, therefore the rather you ought

ft to refufe· becaufe the word of God hath faid, To the plm aD things are. .

no' h· I . . h h . Llb.l.lnll.I1

I 11 So soxome» tels the Il:ory. By w lC 1 It IS apparent, t at t en It

C I: Qot the cutlome for Chrill:ians to eat flefh in Lent, for they eat no-

:111og that was pleafant, bu~ they abftain'd be~a~[e it was pleafanr, not be- .

caufe it was flefh , for of this they made no religion, as appeal s m the faa

and exhortation and argument of Splr~d'~n. An~ of the ~1me confiders-

don was that law of :jH(lillian, in whole ume, which. was in th: middle .of

the fixth Age, the Cuflome of abftaining from flefh In Lent ~Id prevaile

much; but becaufe it hapned in cQrJftallttnople to be great fcarcity of other

provifions, the Emperor commanded the Iharnbles to be open and flelb to

be publickly fold. But Nlcepboms tells ~h~t the people would not buy Lib. 11, cap: any, for they began [0 think It to be religion not to touch; n.ot,to taft,. not.t~ 1'. hili. b,mdlc. But the Emperor and the wife men knew no religion againf] It.

~nd that which NJYc;,,,, [lid to AvitlU in the like cafe is very confiderable, .

, . . 1 h I' n ; I' 1 .• I. ,I' h D· . Thco;ortl.lull-

11"1 k!J01V tl",t clurit» ts t-ntcr t III J ~/,trJg; J or CIMY/ty 1$ a wore oJ t e nnne roW,. in M,-

/JlV. Nn'i"'.l", 6 'fi,; ;'.v;"r ,~",;",;, hilt fa/ling is a thing arbitrary am' of our own 'ia~o.

choia .. Since therefore to eat fleth or not to eat It, may become good or

bad as it is us' d, and does not ferve I he end of t;I1l:tll~, .and fuch fall:!n~ does

not Ierve the end ofthe Ipirir, not onely to make talt~ng to be religion, to

which it does but minifter, but to call that fafting which they who firll: b.e-

"an Lent would call fcaflina and luxury, and to make that to be eflential

fa that fafl, and that tall: °necelfary to _Calvation in the ordinary way of

aeceflity, is not onely to teach for doctrine the Commandell1t~ts of men,

but to make the impotent, [antaflick and unreafonable devices of men

to become Commandements,

". 5. That this may be an exaalarall.el with the praaice of the Phari-

feel in that folly which our Blefle Saviour. reprov d , the ~ommandement does [0 little regard the true end of flll:mg, and that fall:mg fo lirtle advance the ufe and interefl of any venue, that they fpend themfelves even in the circum (lances of rome circurnftances, and little devices of Iirperftirion rakinz care not to eat a turnip if boyl'd in a veflel in which fltOl was put,' nor to ~ut their bread with a knife that had cary' d ~eOl, not to tafi ir, but to wath their mouth after a little whey or breath, if by chance It hath been touch'd: which thinzs becaufe they can ferve no end of relIgIOn, the IIw that requires Iuch thi~gs mu~ needs be. foolifh or [uperfii~io~s ~ it muf] either play with mens con[Clenc~s as With a tennif-ball, or mnrnate ferne pollution and unholinefs at that time to be m. the lIelh, or elfe at lea!!: mufipretend to greater ft!ia~efs then God does 1U the obfe~vatlOn of his po!itive laws; and it certainly introduces the greateft tyranny 10 ~he world, dell:roys pelce, and is ~he moll: unwarrantable of all the follies wluch can be incident to the wifer part of mankind, I mean to them that govern others.

I will

'.,

~ JO

OJ thePoTPerofthe Church

BOOK 1H

.

Z I I will not inflance in the ridiculous and Iuperflitious quell:ions which

• they make about the keeping of this Eccle!ia~icalla~v; as whether it be a dinner or a fupper if we eat after E ven-fong ~Jld at high noon; whether a mornings draught does break the Ecclefiaftical f3fi; lYhether a man may eat a bit of bread with his drink,and yet be a good fon 01 the Church; whether a Cook that drefles meat for tick perfons may lawfully lick his fin_ gers ; whether he that eats one bit of Re01, lins anew if he eats another; and whether or no he may not at the fame rate eat flefh all the Lent after. whether the wet nurfe may eat Relh, becaufe her baby may have good milk; whether it be lawful to eat birds and fowl~, becaufe they were produc'd OUt of the water: which doughty reafon did mcourage fome to doe it

Lib. 5. hifr. of whom Socratts fpeaks, and is menrion'd .by Peter comejfor the Mailer at' eap. :t. the Icholaflical hill:ory. Which queflions, It they that make them be 10 their wits and think other men are Io [00, they mull: needs beiieve that the keeping of Lent is fo facred, fo principal ~ point of religion, fo gre,at a fervice of God in the very letter and body, III the ~rull: and outfide 01 It, that the obfervation ofit mufi confifl in a mathematical pomt: It IS like the Decalogue, the very letters of which a~e numb red ; an~ if a haire be milling, relizion fuffers diminution: and which of all thefe It be, yet In everyone of them they doe what the Pharifees did and what Chrill: reprov'd in them, and therefore forbids in all men, they teach for dQ{fmwthe commandemlnts of Nell.

22. 6. To return to the particular of the Rule, Theymake an Eccleiinlical

law which is of a relative ufe and nature, co be periodical and perpetual, whi~h is unreafonable and may be fometimes unjull:, and very often uncharitable and therefore not the fit matter of an Ecclefiafhcal law. For this is cer~ainly the grearefl deletery of the liberty of Chrill:ian eh.urehes, and a Inare to Confciences, and is of it felf apt to Introduce fuperflirion and the opinion of direCt religion into the difcipline,

z 3, But this is to be underll:ood of fuch laws which are intended for di[.

cipline, and are I. a burden, and l. of a nature relative to the future, and 3, of an alterable ufe, For it a law were made rha t every man at a certan time of the year fhonld doe a certai~ difcipline to mortify. his lull, it were a foolifh law , for the man at thac rune, It may be, needs It not, or he hath another remedy, or he ls fufficiently contrite for his fins, and does Ius penance by internal forrow, or it may be he cannot at that time mourn, or it may be the caute is alrer'd, or a greater caufe intervenes, and thJl ought to be ferv'd, and therefore not thi!, for if y~u f~n'e .both, you tire obedience. and make religion to be a burden: but which IS moll: of all, a law of burden if it be perpetual, makes th~ w_iliing to be jlaV_fJ, and temp;s the HnwiUing co be rebels; and becaufe It IS intended to mllllll:~r to thtnos contingent and infinitely alterable, If the law be not fo tOO, it rnufl pars into an opinion of being a Divine. worfhip and religio~, or elfe mto more then an opinion and imazination ot tyranny. Adde to this, that laws of burden are alwaies againil charity, if they be not done in grea.t neceffity, or not effective of a good greater then the evil; and therefore to irnpofe fuch laws with a perpetual obligation upon Church~, when it ca~not ~e of perpetual ufe, and at all times good.or jufl at fuch times necrf!arJ, IS agal~1l: the equIty & charity of that power which Chrift intrufled in the hands 01 them whom he: made fiewards of his houfhold, feeders of his flock, and Fathers 01 hiS family, But

C~ip-.-4:---' '-;;J-t~~-;rC;ju~es: 3'1 1

But if the laws be relative to what is pafl, and no burden, but mat:4' rer of eafe or benefit, or comes from a p.erpetual caufe, or that which is unalterable, then the law may be fuch which will be perpetually contented [0, and kept for .ever. Thus the Catholic Church keeps the Lords day,

ot by an everlafimo ordinance, but by a perpetual confene.and for a never' failing reafon ; and cllat w~ich makes it neceil_"ary: now to keep that day, and will doe Io for ever, is becaufe t11e rea~on of It IS always the Came; and in this cafe that which was fit at tirfi, WI.l! be. fo at lail, and all the way: and things arc in that confliturion and conjunction, tim no man can defpife [hat day, without being carelefle to retu~n ,thanks for rhe refurrection of (hrill: and to Ieparate a jull: portion of hls tune to (he more folemn fervice or' God. But for all this, this is not a perpetual law impos'd upon 311 Churches; for God did not impofe it,. an.d no man hath power ro doe it ; ior no mans power can lall: longer then his life : and therefore no BIOlOP CJn oblige his fucceflors by an~ Canon.without the Civil power fupervene~ and fixes that law by connnuauon. And therefore although God did enjoyn the Jews an annual fall: for ever, and although the Rulers of the Jews did jjJ rome more.and they were obferved for ever: yet this will not infer due therefore now this may be done in a law of the Church. For God who IS a'raw-"iver does abide for ever ,and therefore his laws are to remain as long 11 he pleafe: & the Rulers of the J ews hac! b~th t.he powers, C,ivil a~d fcc\efiafiical,conjunet, and they by a current legiflarion Ilill caus d their fall:s 10 be obferved ; bue yet the fucceeding ages had been at liberty, and the Sanhedrim might have chang'd rhofe folernn days, but that they were dlablilhed by Prophets and by rhofe whom they believ'd to fpeak .the will

of God: all which make their cafe fpecial, and not to be drawn IUtO example and warranty in the fanCtion of Ecclefiafhcal Iaws in the Chrifiian Church. * To which let this be added, that the Jews might keep and obferve a religion of days and meats, and it not being againtt the analogy of their manner of ferving God, their Rulers had an equal power to make 1.1\vS in the difference of days and meats, as in any other matter wharfoever, But the laws of the Church mull: minill:er to piety and holinefle.nnd ro norhinz elfe , and they mull: be exacted with prudence and charity.and in no other ~l1ann~r; and they mull: be obeyed in love and liberty, and by no other meafures: but the day or the meat mull ever be the leffe principal in rhe confhtution , they may be the cirC/lmfldn~(S, but 110 pa;t of the Religion and therefore cannot be perpetual; but juf] as a Venice glaffe may, lh1t 'is, if there be nothing to break it, it mJY abide for many ages, but every thing that flrikes it can break the glaffe, & ever~ requifite?f reafoa

or charity can put a period, or takeoff the neceflity ot that portion In the 1111", which becaufe it mull: be lefle principally regarded, mull: accordingly be impofed and e xacted, but cannot be univerfal and perpetual.

:,. The refult of thefe confideratlons is this; I. Ecclefiaflical bW5 may be . made by particular Churches, [0 prevail in their own govern.men[s,and co pJJfe on their own fiibjeds, but may not by one Church be impofed upon another, much lefle from one to pafle upon all.

:6, z , Ecclefiaflical laws may be made and continued by allY authority

Io long as that power lafls, and fo long as the reafon of the law does.I~1l: : but it can be no lonser a law then it hath influence from the remauung power who is to ell:abliih it according to the remaining ufefulneffe, .

" All

Of the Po'Wer oj the Church

BOOK 111.

z 7' 3. All Ecclefiaflical laws !n the matter of meats and drinks and days

mull: be wholly relative to religion, and the effeCt of "races and proper cuties, and mull n~:>t at .all be irnpofed with any regard fo themfelves, but [0 the ends of .theIr miniftery, and mull: live and die according ro the DJ[ureof Relauve bemgs : but cannot be perpetual, but where neither the CJUre nor the fubjeB: alters.

28. 4. All E_ccl.eliall:icallaws mull be irnpofed with liberty: not with Ii-

berry of the tubJects to obey or not to obey, but with [he liberty ot the whole Church, to change them or to continue them, to eXJct or to relax them, to bind or to loofe.as may bell.lbnd with prudence and charity, with the interefls ot vertue or the good ot the Cubject.

1.9. 5 ... Ecclefiallical lawsrnuft ferve religion, but mull never pretend til

be religion or a direct Iervice ot God. It is true that all religious laws of our j_ull: fuperiors rightly impofed in or~er to any verrue are ~dopted into the tonety ot that venue; as a law ot fafling does alto enjoyn a duty of temperance; a law of Chrill:ian fefliviry, in order to our joy in God· and prailing his Name, and paying him thanks, promotes all thefe grJces: and therefore he that keeps that day to thefe purpofes, befides his obedience does an act of all thofe graces. Yet it is to be obferved thar rhe abfern: tion of thefe laws can never formally be reckoned to be a{t;ons of dlOfe gra~es ; they are but minifleries and inflruments.and they not nece(fm·,but ufeiull onely : and therefore he chat does not obferve that day tnotioh it ~ay be he fins againll: obedience, yet he is not to be iudg' d as it· i,e ~·ere Intemperate, or unthankfull, or unmindtull of God's benefits; becaufe though rhefe appointments are made tor the Iervices of thefe graces, ret thefe are not the adequate minifleries ot' them, they may be done bv ot!,er ways at other runes, and. they may at rhat time be omitted without "ny neglect of fuch graces. It [here be a juf] caufe to omit the obfervanon then the orniflion is neither difobedience, n'.11" intemperance, nor unrhmkfu!lnetle: but It. there be no juil Clute, it is ~ilobedience, and may beany ot rhe other as It happens, but IS not certa.n.v [.). Bur rhouzh In rheiere[peas to obey an Ecclefiaflical law may be a Gain a an JEt ot vertue CO2!' ther w.th the obedience, and [0 a [erving of God ; ~et becaufe it is onel\~ in regard ot the concomitant act of vertue, which is (en·eJ bv the law, i{t"hat law doe not rerve that l~er[Ue, but by any caufe be deftirute o~· it's purpote, that exrerrui action which the law en)oyns IS fo far from being a Iervice ot God, that if it be urg'd imperioufly, or acte-d for it [elf, and delighted in upon the N~tural accoune.ir enters into reliaion.with which it h:itll noth:ng [Q doe, and 10 paffes into Iuperftition.

30• ,6. EcdeJ"fiical lal_,"s if by an}' means they be taught for doctr.nes an" Cornmandernenrs ot God the}' become unlawful! in the impofition though ti.; actions .of them [el'v~s be Iawtull , char is, they are pnbdull laws.anc coe not bind the Confcience, for rhev are Iuch things in which nJ man can have authority; for they are a direEt dellruction to Chrillian liberty, which 1;0 rn.n ought to rake from us. It" they once pretend to ~1 neceffiry befices the equal neceffit~ of obedience, they doe not oblige the lUJ)eEts Of c:ny gonrnment ; but II they pretend to a neceffitv oi obecience, they doe nut oblige any Churches befides that whofe Gorernours have made the law.

Rue,

__ ---- .. ----=-----O-~-=c----

in Canons and Cen{ures.

3 t 3

_--------------_._---_ ..

RilL E XVIH.

Ecclefiafticallaws of Ceremonies and circurnllances of external oblervances doe not bind the conlci ... ence beyond [he cafes of Contempt and Scandal.

I.THat is they bind onely in publick, and not in private; they bin 1 not for

any thing that is in rhemfelves, but for fomethin,; that is better then themielves; they bind, not tor our own fakes, but for their fakes that look on: ~nd.thereforewhen no body looks on, when they have no end to Ierve ,rhen they doe no good, when they lignify nothing, they cannot bind at all; f0rwhat[oever b:nds onely for this reafon, does not bind at all when this realon is not. The Church of El'Jgldnd commands that when the Pridl ravs the Refponfory after the Creed at Morning or Eveninz Prayer he IIdl nilld up: the purpofe of it is, that the people who are con~erned t~ .mfwer mlythe better hear: but if the prayers be faid in private, none being by, orit may be .tIVO or three that kneel near him, it is ridiculous to Iuppofe [J;t the Pnell fins If he kneels on to the end of thole ejaculanons, In rome cafes ~e that officiates is. bound to turn his [Ice to t!~e We!1:, or to the body o~ the Church; but If there be no body in the Church, but the Clerk at his fide, why he fhould doe Io, there is no rea Con to be given, :01 therefore it cannot be Iuppofed to be bound upon him by the law of the Church.

:, For it is highly confiderable.thar in there laws of Ceremonies it is 0-

thmde then in laws which concern rhe matter and inflances of Divine Commlnc!ements. Becaufe the laws of Common-wealths can chance ,dions ot rhemfelves indifferent into the order of vertue and vice if th~y be of the tClme matter and naturally capable-as when Incefl is defin'd to be a :~rbidden conj~nai~n of perfons t()o near in bloud, the law by torbiddin; r.e nrmage ot Uncle and Neece tor that reafon, can make that [0 be 1Uetit: and killing can by the law be made murder when it is forbidden or not to De murder when it is juflly comrnan.led. Thus if there be a 11\'.' mice that corn or gold-lace thall be Cold at a certain price, the law which is t:11 meafure of juflice in contracts makes that price to be the inllance of ju.ftice, and what exceeds it to be unjull, if it be a juil: law. Became there xnons lying next to the infhnces of the Divine Commandernent, and p::c'~ there as outer guards to Gods Law, and being naturally the lame :(tions, when the prohibition comes from J jufi authority, t:,el; it is made ~0beJ Ji~ by the law, and tb u fin by the nature and participation of the izme reaton. For he that kills his adulterous dauzhter where it is permit:ed, does doe the natural act of killing as much 3s:>he that kills his Father; bt where there is no law againft it, but by law Ihe is fenrenc'd to death, and tnit Without folenniries, there is no d: a,v.i:x., and therefore no d.~pTia: it ~; not a lin unlefle it be the tranfareflion of a law. So that the natural ca~leity JnJ the fupervening law together make up the action to be fucb a I:n. But now this thing can never be in Ecc1eliaftical laws of ceremonies ,n: rules of order: for they art not in their matter and in their own nature

Dd like

OJ tbe 'Power of the Clmrc/;

--

like to religion or next to it; and nothinz can be relicrio~ b~II'lt f~'

, I G d h h I f I '·f" e ' erl'lCe

whic 1 0 at C iofen 0 iimfe.f, and that which is naturally and' ,

nally [0, as glorification of God, lovina him obevinz him pra};incr toIn! tel-

b I ' hi d f I I ",. ~, ,,11111 e ievrng 1m, anc uc lor ier inward actions which are tJu"hr (0 us I ' lid ' ,- "'your n.rrura rea on an our pnme nonces ot God. But external aCilons 1

rninifleries are then capable of being made reiirion when God "P" ~n h d 1(, b f d wi "', " rVints

Con", CeI- t em,' an not e e, ecau e Go 11'111 be worfl,llpped extPTmll,,' as he is

fum lib, 7. pl~as d to appOInt, according to that faylng ot ongen, N,r;;o 'lui oCf/lis sntm« cernu, ali» modo Dmm colit qf/~m fiCU! ,pre docuit That m . blind in his mlfon, tlMf lI'ili ,vorfhip God ol/mll'ife Ihen h~ /JlmFIf,t;; ~

fa.gh'- It

3. " This onely, ,The Chul:ch can adopt aCtions into reliaion Which

God hath nude reacy, and which he hath prepar'd and fined fgr reliu' fuch as are tree-will-offerings and Counfels Evanzelicn ,f,y when "n\~lon;

I r. d ' e ", "rnJIl

does c lU',e to oe any aCt, which God hath recommended and not injo Id

this IS religion, but ,thIS IS onely in fuch things which are real grace; a ~ pouued by the D:vlne law, and the inflance onely is left undeter'lnin'd: JKd howfar the Church CJn command ,any of thefe things, I Ihall atterll'Jrds inquire, but fo; the preient.thefe things can pafs into religion becaufe God

hath fo prepar d them. '

Color. "

4. , ' But 2.11" external ob[ervancesc~n become religion, if they be the OUtII aid aCt of an Inward grace; as giVIng money to the poor, worlll.pp:ng God With t1!e body; that IS, when they naturally exprefs what is con.erve] and aded within, not when they come from without: a commanderntU[

, of man m:y rnake thefe actions to be obedience, but they are nude religion by the gl .. ce within, or/ot at all. Thus lalbngcan be an aCt of religion, when It IS n .turally co?,equenr to penirential Iorrow, and the hatred ot Jin, but when It IS injoyn'd by men, then it is bur an inflrumenr, and may be feparare flom all religion, and may be no aCt of repentance, JnJ "it be made to be religion by no man but by the nature of the thing.

5, But 3Jy, Ceremonies and rituals and geflures and manners of doins

oU,tward actions cannot be made to be any thing but obedience: thev ar~ neither fitted by God.as Counfe!s Evangelical are, nor yet by nature.as the outward aCtI~?S of venue are, to become religion; my they are feparared trom,belng reugion by the word of God, by the coming of Chrifl.by his death upon the Crofs ; and dales and meats and drinks, and carnal purlt1e~, and external obfervances ~re now both by God and by nature remov d tar from beIng any thIng 01 the chrijli,lJI, that is, of the SpiriluJI religie»,

6., The confequent of there things is this, When a law is made, it binds eIt~;r by the natura! goodnefs of die thing, or by the order and ufetulners of It s mllllfi,ery to fometlung eire, or onely by the authority. Ceremonies cannot be o~ the firfi fort, but of the fecond they may,and then they oblige only fo Ion" as they can rninifter to the end of their defignation, but fr) longer. For Ji that b~ the onely reafon ot their obliging, then they oblige nut when that rearon:s away. Now became they are onely made for order and ~ecency, both which are relative tenus, and fuppofe an action done in public, there IS no need, 09 ufe of them in private, But becaufe even

atier

-.-'---:-r:------;-J~------

CHAP.4, inCanonsandCenjures. }l)

afcer the reafon ceaf~~the authority hatLh-=r:::e:;ar,r::o-=-n-::s =ofC::it>::'s-=o:::w:::n-:-:'to::-;-b-e-re-g-a-l'_-_':_~~ ded, and things that are not, binding by their abfolute or relative nature,

may yet bind by the authority and for the reverence of that, till there be opportunity to annul the law, therefore when the reafon of the ceremony

does ceafe, or is ufelefs and operates not at all, we mull: yet regard the

authoriry, that is, doe it honour, as Samtlel did to Saul. If the thing it felf

beofan inrrinfick goodneis, though made neceflary onely by the pofitive

comm.lOd, then it is to be done: for it felf, and in private as well as pub lick:

• but ifit be one1y a relative miniflery, then it hath no reafon beyond that

relation 1 and if that relation be pub lick, it binds on ely in publick r " bat

if it be onely matter of obedience, and have no reafon elfe either abfoluceor

relative, then the law does not bind the Confcience, but even then we are

bound Io to comport our Ielves that the authority may not be defpis'd nor

offended; that is, Ihe is nor to be flighted or reproach'd, nor publickly dif-

reolrded ; though for the obedience it felf in this cafe there is no abfolute

obligation, but the not-obeying is to be conducted humbly, inoffenfively,

prudently and regardfully. The reafon of rhefe things is this, becaufe the

Church makes no abfolnte laws; Ihe makes them for good ends, and be-

yon:! that the hath no authority:, her legiflatiy~ is wholly a ~inifiery of

s= a~~ godhnefs, n?t of ~mplre and ~ommlOn. For the difference is this,CIVII1aws oblige III publick and m pnvate, for reafon and for Em-

pire, when the caufe ceafes, and when it remains, when the breach is [can-

dllous, and when it is not Icandalous : But the Canons of the Church ob-

jjaeonely for their reafon and religion, for edification and for charity,when

the thing is ufetul to others or good in it felf; but the authority it [elf

beinz wholly tor thefe purpofes, is a minifiery of religion, but hath in it

nothing of Empire, and therefore does not oblige for it felf and by it Ielf',

but for the doing good, and for the avoiding evil: and this is that which

is meant by the cafes of contempt and fcandal,

There are the negative meafures of E eeL E S I AS" 1 C A, L laws.

The pofitive meafures are thefe,

Ru LE XIX.

Ecclefiafiical laws mull be charitable and ea[y, and when they are not, they oblige not.

I.VVHen Ecclefiafiicallaws were conducted and made by the Spiritual

power, the Bifhops, Rulers of Churches, before the Civil power II'lS Chriftian, their laws were either Comrnandements of effential duty, or of that which was next to it and neceflary for it, or elfe they were indiL'led to 1 voluntary people, and therefore to be prefumed eary and gentle, charitable and ufeful, or.it is not to be thought the people would have been willing long to bear them, But when the Civil power was the Ecclellafi:ical Ruler, and the Common-wealth became a Church, the Spiritual fword was put into! temporal Icabbard, and the Canons Ecclefiafhcal becarnecivillaws, though in their matter religious, and in their original they were Ecclefiaftical, Now if the laws be eflablifhed by the civil power, they mua indeed be ju1\: and good; but yet if they be laws of burdea, and

Dd 3 contain

"",'

3 16 Of the Power of the Church BOOKlIr

L. I'<ofpicit. If. contain a load that is fupportable, they-are to be obeyed~ p,ide;" qui&aquibus'perqI14T11 dllrtl~ eft,Jed ita lex [criptHft, faid.Ulpi.tn; the cafe is hard, but fo the law IS written: mtanmg that though It be hard, yet the law is to be obeyed [0 long as it is jult. But when the Ecc1efiafticallaw is in. dided by the fpiritual power, the civil p0':Ver onely conCenting and eflablitbinz the indiCted Canon, that corroboration addes no other band to the Canol~then that it be obeyed according to the intention of the fpiritual power, onely Co it becomes a law inde~d, bu~ it is a h.\~ onely as the Church can intend a law, or defire it to be Impos d; that IS, what the Church might reafonably perfwade, and fitlyenjoyn, that Co much and no more in that manner and no other ,the Civil power does corroborate it. For th; Eccleliaftical Canon put into the hands of the. civil power and made into a law is like the twig of an apple-tree grafted Into tne. flock of a thorn; it cha~ges not the natur~ of it, but is flill an apple: fo IS the Canon, flill it is but an injunction 01 the Church, though the ~hurch. be enabled tempo. rally to chaflife the rebellious; but Ilill the tWlg th~~ is Co lfigralte? moil retain it's own nature, and muft be no Iowrer then II It gre.w upon It s own ftock; it mufl be fuch as is fit to be perCwaded, fuch which men can be willing to, and eafy under, and of whICh. they Ihall have no caufetocom. plain . for fince the Church in thefe ehings hath no power but to exhort and to perfwade and therefore can injoyn nothing but what can be realonably pertwade4; {he mult not by th~ aid of the tempor~l power injoyn rhofe things which are cruel and vexanous, and Cuch to which no argument but fear can make the fubjea wIUing. The Church when the hath tempo. ral poiTeffions,alwaies is a good Land-Iady,and when the makes judgments {he meddles not with bloud.but gives the gentleft fentences, and whenlhe is admitted to a legiflative, {he enjoyns a ~u~~ ;t:pnsti; an eafy, a gentle yoke.and when {he does nor.the fobjea is concerned to av?,d the temporall evil threatned by the civil power! but not to give obedience to the intolerable law of the Church as in that capacity: for uniefs the law of the Church be fuch that good men may willingly obey it,it.c~ot be injoyned bytheflhurch.and the Church ought not to defire ~he civil p.olVer to doe:i for her: For linee {he hath no power to command In fuch things where the Divine authority does not intervene, all the reft is but perfivalion ; and he that hath power onely to perfwade, cannot be fuppoCed to perf wade againft our will: and therefore matters of intolerable burden are not the matter of Ecclefiaflical laws, becaufe they certa~nly are againfl the will of all men, w ho CJn ferve God and goe to heaven Without them.

1. Not that it is permitted to any man as he pleafe to obey or not to

obey the Ecclefiaflical laws; nor that the Ipiritual authority fo depends upon the confenc of every CubjeCt, that he is at his choice whether he~\ill keep it or no: but that he is to obey willingly; that is.that no ~ore be impoled then what he may be willing to, and then that he be. n?t difobedieer, when if he were not peevifh he ouaht to be willing. For this IS all that fbare ot Chriflian liberty which' unde; his jult Iuperiors every lingle fubjeCt: can enjoy; he may not break the law when he pleafe, but ,,:hen he ~anno[ keep ir , not when he is not in the humour, but when he IS not In capaw),; not becaufe he will, but becaufe withont gre:It evil he cannot.

3· I {hlll sive an inflance in the Ecclefiaflical laws of fafting, and by ~n

inquiry into"'their obligation fta~ the fenfe and intention of this Rule. ',.

If'1! •.

CHAF.4.

in Canons and Cen(ures.

What prrJolIS are tied to the ohftr.."atio/J of Ecclefiaflical F.lls, and in what c'ifts.

To the [olution of which queflion, firll we are to confider to what end

~. the Church enjoyns her Falt~ For whoever is involv~d in that end is a!fo concerned in the law.ordinarily and regularly. Thus If a .Faft b~ onely indieted to fupprefs incontinence, they who have no temptation to It, or have afufficient remedy by which they pleafe God, are. not ~ound .by that law, but in the cafes of fcandal and contem~t •. Fallmg-Cpttt!e kils ~ Serpent

(Iiies Pierifll;) but if a man havea rod In his hand thac will do~ It Iooner, Lib. 14. Wet. that law would be Ianraffical that £bould command him to flay till he could

kill the fnake with his fafting-fpittle. "But if the Church intends many

good ends in the Canon, anyone is fufficien: to tye the Jaw upon the

Confcience becaufe for that one good end It can be ferviceable to the

Soul: and indeed falling is of that nature that it can be a minillery of re-

pentance by the af!litl:ion, and it can be a help to prayer, by taking off the

loads of flefh and a full ftomach, and it can be aptly minifterial to contem-

plation ; and iffafhng were o~ely for. mortification of luftful appetit.e~,then

1 virgin might not fafely fa,11: In publick, lell {h.e. fal! into the fufpicion of incontinence or be expos d to the bolder follicltations of the yong men,

Now becauf~ everyone is concerned in fome one or more of thefe ends of

tifiin2", all people are included within the circles of the law, unlefs by fome othetmeam they be exempted.

But they are exempted from it who are lick and weak, Ipent with hbour, or apt to be made lick, or hindred in their imployrnenrr Nifi '/lum

in"mlillM impedierir, Iaies the Canon law; all are bound to keep faIlIng c. q"aJroger.-

,!' b (i I I L' d db' fi . m • .]"0,,("'.

cnes ut uc 1 w 10 are .. 10 re yin rmlt)', d;R.!. & "'p.,.

----feu §.cumautemc!c

Dur s valaudo i~cidtrit,{eu tAria ftJlU7us, "b(m·lel.n.

,01' bodily infirmity, whether of age or ficknefs, weaknefs or difeafe, Con-

cernins which, it the infirmity be evident, there is no quell ion, for the

law do~s except fuch perfons in the very fanction, or publick and authen-

tick interprerations, and common ufages, Women with child, children and

old perfons, the lick and the traveller, the weary and the weak, the hard

lluoem and the hard labourer, the poor man and the beggar, thefe are

perions which need not ask leave, for the lawintends not to bind them.

Now thofe that are but probably fo, that is, not well, apt to be lick,

[u(peCl:ed with child, not very weary, thefe alfo are within the power of

ha\'ing leave aiven them, that is, capable of difpenfation; that is, it may

ae declared that the law intends not to bind them at all in fiich cafes. So

that upon this account none are bound but the lulty and the lazy, the

lhong and the unimployed.

i. Now in thefe things there is no other certaintie but what is fet down

in the laws of every Church refpedively, fave only this, that in all Churches where fuch bin are us'd, they are ever expounded by the meafures of great Charitie and Rerniffion, excepting infuch places where they place. Religion in external obfervances ; and yet there alfo they pretend gre~t gentleneCs when they are charg'd with want of it by their adverfaries, as I. to be Ieen in AJbtriOIi Pim his Lucubrations againll: Er4mus.

Dd l luc

318 OJ the pOUler of the Chu1'th

---------::'-:-- _ -_._---_------- ----_

7. But I conlider that the laws. of fafting are therefore very fparillo;;

to be impofed, when there are fo many caufes of being excus'd ; and no~ at all but upon great occafions, and particular emergencies: and when they are, the injunction is to be fo made, as fewefl may be excus'd, and none may detire it bot rhofe who. cannot help it: and the evilof t~econtrary is very vlfible and apparent in the fierce and decretory injunCtions of the long Lenten Elil, the burden of which is fo great, that they who doe not think it religion, or a law of God, or a part of the Divine worfliip uie ali the arts they can to be eafed of the load, cofening the law, and ealin. themfelves, and fiudying a new Cookery,and defiroying the end of the la~ by keeping the letter, and buying difpenCations, and complainin<> of the burden, and being troubled when it comes, and glad when it is ove;' A law of fafiing is very imprudent and very uncharitable when it becomes like l/.eh6bc4m·s thigh, too big and too heavy for all the people: and what ~ood is done by Iuch flfring, that could not with more ealt, and more cllJ[i~1' be

Lib.l. Fan. acquired by other infhuments or a better condud of this ~ M4n/IMII com-

plain'd with great Corrow and great reafon in this particular.

AdjNng/l1u eti&m primi jrjuni4 verls ;

fl.!! .• mji jint [erv4t4, volll»t nos ire [III, orcu»J. Af}ia qU4m duris, Aiu»f, (r41hlfa ",piflris

GUIJ elu7A illit. Lex chrifli sterns; me Itnquam ClfJalllra, /hrl/U (dieltnt) ji»e tend.« ill amp/os, 1lI fit conomiens, h"bilisque, & idone« tot, HI/mallo geneTi, non imporfuna [emc7.f,

. Non oncTofA i/Jopi, 11011 i11lportabilif 4gTO.

The lawsof religion thould be.like the yoke of Chriil:,light and eafy.fined (0 the mnruuues and capacities of all men; tor let them be never fo ea[y and dcllghtfull,\\'e dull be too much tempted to neglect them, thou~h the

laws themfel ves be no temptation to difobedience, -

BooKlIl.

8, This is certain, that in a law of fo great burden in it Celf, and [0 fe-

verely impofed, and fo fiercely punifhed, and [0 religioully accounted of, and [0 fuperflirioufly conducted, .the. confcience is Co cmainly made r~!tlefle by the Icruples of the confcientious perfons, the am of the cratty, the ignorance 01 the over-bury, and the witty nothings of the idly-imploy-' ed, tbat the good which accidentally may be brought to fome by it cannot pay for the many evils which it regularly produces in others: and that law of failing can never be fo good as the peace which it diflurbs. For if you pretend your youth as a juil excnfe from thelaw of Lent, you fhall be told, that the FJil: conlifts in the quality of the meat, and in the Iingleneffe of the meal, and in the time of taking it; and that though you are excufed tram eanng filb or pulfe, yet you mull eat but once; or if you do€ eat ae night,}:c;t you mufl not eat in the morning; or if you doe, yet you are to be advifed how much can be called a meal. And then you are not fure whether you are to fafi at the beginning, or not till the confummation of your tourteenth year: and when that is OUt, if the underftandinz be Co little as not to underfland what and why and how, you fafr to no purpoCe; and if fooner you doe underfland, it may be you are obliged in confcience, though not punifhable by law. * If you be old, yet fome old men are lullv and J!rong; and the Church does not intend that the age alone, but that the innnnity (hould excufe . and becaufe this infirmity is divifible, it is not erery infirm: ty that will doe it ; and it may be you are an eary and too gentle a

in Canons and CenJureso

judge in your own cafe ; therefore you muf] ask; and who fhall tell you ~ eajetan and Nllvllrre, FilliMilll and Grrgory Sayr, Diana and Azorim underfiand no phylic 5 and they can tell you fomething in general of the law, but nothinO' abfolutely in your cafe : if you will, be at the charge and goe to a Phyfician: for it may be if y?U live. in the Country, you have a learned man within ten or twenty miles, or It may be fourty , and upon all occalions you may know of him whether your cafe requires eafe ; or it may be it .equires leave this day, but you cannot have your anfwer Co foon, and the

cafe will alter by to morrow; and Hippocrates Iaid, that [ems jdCiflime ie- 1;0. I. Aphcr. runt jejllllium, old men bear falling better then yong men: and though Ij.

cardan hath upon that Aphorifme fpoken according to his ufual manner

many ingenious things,yet w.hether you will p.ut your Confcience upon him

or no is a material confideration ... But then It you be lick, you mull know

whether falling can confifl with your condition: for not every Iicknefle on

tXCUfe you from the holy fail: of Lent \ or if you may not eat fi111, yet you

may be oblig'd to rhe tingle refection, or to the time. But that which is of

material confideration IS, that though you be not well, yet It may be your

falliu" will doe you no great hurr, and if it be but Iittle.it mull not be il:ood

upon ~ for fafiing is intended to be an affliction of the body, and therefore

you mufi not be too hafty to fnatch at eafe and liberty. But however, if

you will inquire of learned men, you may have from the Phyficians Come

twenty or thirty rules by which you may guelfe when and in what difeafes

you are excus'd hom the quality of the diet, when yOJ are difpenfed in the

time, when 10 the frequency, when you mufl exchange one for the other :

and to this purpofe you may inform your Confcience by reading' "-,rllejius,: J.,_\:i[nll":

Cardan,llol/erius,Zaelltus Llljif4f11f.f,PdUIIIS z.cchiM, b AlplmJflfo a Fontech, L~':'~~;';"', 'eogna/HI,o ArnoldHI de Villanova, C Petru« HlfPanm and Ius Author IfildC; m',,: <_I"il:' and if you can find them agree, and that your cafe is de [crib' d, and their !"~bn. \ ' rules be right! y applied, and the particulars be well weighed, and the judge- L~t:~-, B~·' ment not byafs' d by eafe and fear and too great a ore of your health, you' ",:.:1. ,',1.1-" might doe well, if it were not for one thing; and that is, that Phylicians :'~:::;;:;,. in arc not to be rrufled, for they will Ipeak-excellent reafon (orrhe fecuring liaac "Ii". of your health, but they think they are not to anfwer concerning the flare ?"""l.

at" your foul , and therefore they leane too much upon the wrong hand tor

your fatisfaction,eCpecially becaufe Lent falls in the fpring :rqu· nox.in which wearcveryapt to ficknelfes. • But then if we pretend to be excus'd by

reafon of labour and travel, every man mufl judge for himfelf : and yet

there are in trus a great many things to be confider'd ; for it muf] be a con-

fiderable diminution of our ftrengrh, and a great inanition of fpiritS that

can difpente with us in this fo great a law: but how great that mull be, It

we be judges, we fhall be too favourable ;it others judge.they cannot tell ;

and if we tear to be too gentle to our felves, we may be too rigorous, and

by the laws of failing break the laws of charity. But then it may be our

labour is to come, and it will be neceflary that we lay in il:owage before-

hand, left wefainr by the way. And it is a great labour for a man to hunt

~I day ,or to manage the great horfe,

. Ieporr1ll fu7alll!, eqlloqll~

L4Jus 4b indamit«: vel ji ROIIIAna f.ttizAt Militia afJuuum Grole,lri, fm pil.tvdox MoBiter 41lfltrum {ll/dlo !aUtnte lsboro»,

A little thiag will weary a Iofc perfon, and a long (pore wili tire a flrong man: andmy nottbefe put in their plea for a plea Cam or an early mel! rfor

D d 4 h'lDgry

Honr.ferrn. lib. :.. ScJ~. :2..

,2.1

Of the TOrPer of the Church

BOOK 1lI,

hungry men will plead hard. And the labour of the mind is alfo ~ zre wearineffe to the bones; and who Ihall tell me how long I mull Rudy b~fo:[ I may be allowed not [0 keep tbe pund:ualities of Lent ~ for the thinkin! man mufi be fed tenderly and fnrnifhed with finer Ipirits. But then who fhall come into this licence is worth inquiring; whether not one1y the har~ Student, but the Preacher that fpeaks long, and thinks little; whether School-Maflers, Advocates, Oraters, Judges, for everyone would be lad of a little liberty: and if the bodily labourer Ihall be excufed, whe[he~ all trades t.hat fit long, and work eafily, ~s Shoemakers, Tailers, Glovers, Book-binders may pretend to an exemption; for though Azorius is fa kind as to except mof] of thefe, yet others doe not. And \V.hat fhall the poor man doe ~ his rule IS commonly to eat when he can get It; and if he be at a friends houCe mull he refufe to eat, becaufe it is not his time (or mu!! he flarve, becaufe there is nothing but flelk

Unde fames homini vaitortlm tdntll ciborsm tjf ~

Certainly he can hardly be tied to the rneafures and rules of eatin" Bcclefiallical.ly, that every day is in difpute whether h~ flla~1 or (hall n~t have fom~thlllg that he may eat naturally. But yet h~ IS to mquire whether he be tied on thofe days to faft when he can be provided for: end it would alfo be known whether a poor man is not tied to refufe flefh and require fiJh where it can be had; and whether he is not bound firfi to fpend the fraa_ meats of his !iih- basket before his bits of fI~~, and keep them onely fgr neceflity , and whether he may be fecretly pleas'd that he hath that necefli. ty put upon him that he hath fleih but no fiih. There are alfo (orne hundreds of queflions more that might be confider'd , forr.e are plea(alltcafes and fame are fowre, [orne can be determined and fome cannot. But the gre~t caf~ ofConfcience in this whole affaire is, What great good that is which this law of Lent thus conducted can effect, which can no other \Vays be effeCted, and which can be greater then the inn nite numbers of fin anj doubtings, and fcruples, and fears, and troubles, and vexations and lick. nefles, and peevifhneffe, and murmur, and complaints, and labori~us am of excufe, and cheating the law, ana flavery, and tyranny, occalion'd and effected by it.

9. For although falling is not onely an excellent miniftery to fome pms

of religion, but of heahh alfo,

ACripe nunc vitlus tenuis qu£, qUlltllque frcum Affmlt: imprimu, va/(tU bene--

yet all the world knows that long falling is the moft deflrudive thing in

the world to our bodies, and breeds difeafes fharper and more incurable • C.non':i,o. then fullnefle and mternperance , and therefore the Canon law ~ forbids a I'< c. ~C" me, faft of two or three days, and a faft beyond our firenC>th. Therefore it is ~~~~~;~~rifL. ~ertainthat the Church cannot command a long faft: and therefore in the

oeglllmng: of the .(ufiome of Lent it was but a fafi of one day, or two at molt, eltlng at night. And although this faft was then a fall of liberty, and permitted (0 every ones choice; yet it might be enjoyn'd in every Government, according to the fore-defcribed meafures, But that in fie!d of a faft, tile Church fhould pre~cribe 1 diet~ an!" diet, not onely unplealant, but unwholeforne.and that With fo much Ieverity.and with fo much danger, and fo many fnares, IS no exercife of that power which Chrifi hath given he~·, but. of that po\V~r which is ufurp'd, ill gotten and worfe adminiftred. It IS againf] the Jaw 01 charity, and therefore ought not to be a law of the

Church;

Horn. Serm, 1.:.i:lt.!.

in Canons and Cenfures.

32.1

Church; that men be tied for forty days together to keep from their ufual diet not to be temperate, but co be vex'd and rul'd, this I fay is uncharitable ~nd therefore unlawfall,

) Hoc hic quidrm homines tllm brevem vitam colunt, fl.!!.um hafte herb," huju{modi in jUllm alvum cDngmml, Formid%[1II dillu, non efu modo .-

f!!.IM herbg p(cudts non etbnt, homines ,,"mi.

As the Cook in the Comedy complain'd, eating herbs and ill diet makes men to live fuch ilion lives. And what ~Dterell ?f religion is ferv'd by eating fifh and nettle pottage, IS not obVIOUS to 111m that hath tried it or

can confider it: '

rh(jlylis hallc nimi» pllitem fale fecit m"aram ; Mamu.n.

Death and ficknelfe is in this pot. And I remember to have heard a Frier none of the meaneft of his Order ,fay,that he never kept Lent for a long tim~' together, but at Eafler he had a gfeat fit of fickneffe: and therefore as the Canonifts fay that a future labour & wearineffe may legitimate the breach of theftrid meafures of the law as well as if it be actual & prefent;fo may the fear of fickneffe as well take off the obligation as when it is prefent : and of this, every man that is not of an athletic health hath reafon to be afraid.

l'l<uJol. A&+ Scm. I.

1:. But that which relates alfo very milch to the law, though not fo much

t6 us, is tins, that all this trouble is for little or no good: if there be any good in it, it is relative, and tranfient, and contingent, and inconfiderable, and without hazard otherwife to he acquired. For though fools and poor folks are Iometimes prefs'd with the evils of fuch a change of diet, yet the witty and the rich can change all that law into the arts and inflrumenrs of pleafure, For the great eft feails and the greatef] Epicurifmes ufe to be in fill!. So he ill the Comedy.

Mllfice Imelt ag;tis £t4tem, il4 Nt VbS dew .ring & viau, piF,,'. proho, eleflil;

Vitam colitu;

Wint alld choice filh make mutic at the Table.

N.zm in re ",£fenti, e« copia pi[carill C,"n"Alb.

Canfu/ere licebit, Seen, s.

They are forbid no forts, no quantity, no delicacies of fiih or wine. And if this be objected to them, they anfwer, that nih is lefle pleafant, lefle nutritive then fleth, and therefore wifely chofen by the Church to be the entertainments of our Lenten table: but if you objed, that fiih is therefore not to be eaten becaufe it is unwholfome, breeds ill juices, and affliCl:s the

body;' they anfwer, that we are miflaken , that fiili is a delicacy; that 'Vid,Paul • _11rx"lIder the great was fa delighted with little filhes,that be would fend Z~hjz ~". [hem for prefencs to his dearef] friends; that SIUfonius tells the fame of IT~l~~i~: .,1"1"#IIS c4,,; that Bullinger tells that the Rhodians efleem'd them that (u"ft .•. lov'd and liv'd much upon fifh to be gentlemen and well bred, and all .lb.1.d, Conothers clowns and of a rude palate; that 1"/ills C4ar at one triumphal ~:d; ~rhe~~u ldl entertain'd his guefls with 8000 lampreys; that the great feaft which lib. 1. Dcip. Nadills made,& which we fi~d defcrib'd in" Mllcrobins,was efpecially made ~iib::.~'turn31,

comy and delicions with the fifh there prefented, "'p.ll

-quo pmimur.'5o ProceroHdiffelupos? .

He therefore that o:,jed:s againft the Ievericy and affliction of the Lenten (let, knows not the arts of feafling , and complains of the Church for a Ilep-mother, when fhe is not ondy kind, but fond allo io making fuch pro.

yifions,

Moficll.AIl.;. Seen. 1.

31,2.

Glthe Power oj the Church

BOOK Ill.

vifions, But if fiih be un wholefome , then eat herbs, but at no hand Belli.

ls·Mmmorph. Psrcite mortales,dapihlls temsrsre nefan;;' Corpora: filnt frugts, [tmt dedueentia ramos Pmder« puma (110, tllmidaque in vitihus IIV". S/Jm herb» duicu, [lIlIt q'u miteftm flamma Mo{/iriqlle que ant ; nee vo/'u laaellS hlmlDr Eripitllr, nee "!eUa thymi redolentia fiore. prod/gil d/vltldi allmentilquf milia tel/1M

Sllggerit, atque epllidi Jine e.tde & fanguine prdet. Carne fer~ [edant JeJuniil.----

For lions. and 1I'011'es, ~igres and bears eat fieO) ; but God hath provided great variety of other t~tngs betides flcOI. In ferne places milk is permit. ted, In all, herbs .and fruits a~d breaths : and thefe are agreeable to a weak

, . Ilomack , according to th~t ?!'S. Pall I, !!.!!i infirmlls efl, olxs mandww, He do Rc cibar.lib. thai IS wea]: edt"" berbs ; It IS the argument of Brnyerinus.

8. C3}'. 1.

I I. . But I Ola)l make a better ufe of. i~ if I Ihall obferve that S, Paul gives It as a note ot infirmity, when Chriflians upon pretences and little arsuments (hall not dare to eat flelh, but in fiead of them eat herbs . they~re weak in faith that doe it, and doe not confider that fleth can as w;n be [tn. dified by the word of God 'and prayer, as lettice and a[paragus: and that a little fl,1h and courfe and common, will better Ierve the end of fafhns and th~t fafting better ferv~ the end of religion, then variety of fith.and a~btlly fill d With fruits and IVlOd and fuperfhtion, All or any thlRg of this may be done rn difcipline, and With liberty: but becaufe it may be unfit for Co very many, and tor all at ferne time, and may produce much evil, and hath In It no more, good then to give us caufe to fay that it may be us'd, it is a very unfit tiling to become the matter ot an Ecclefiaflical law, a trouble and danger to the body, and a great Inare to the confcience, which it may in-

tangle, but it can never cleanfe ,

---pingttem viti;; 4lbllmque me oflre«, .

Nee Sc srns ; 4lit potrrit P!rtgr11l4 juv4re L4g0J;.

To w. filh or herbs, are of fo little ute in religion, they are (0 trifling an exercite ot the body by refiraining the appetite, that betides that all bodrly (:.:(rcire pro(itetl, bllt little, t~;:; is fo lirtle of that as it is coaducted and a·s it is even in the very perrni.nons of the law that it is not worth all ;his diC· courfe about it; onely to ref cue the conicience from fuch Inares and little intanglement~ is o~ great concernment. >t Fafting is very good to feme purpofes, at lome times, and to Iome perfons- but laws regard that '["d plCl'II1J1QH( ejl, and therefore In the matter of a periodical and long.contiaued tall cannot but be uncharitable and unreafonable: and therefore when there is caufe for fuch injundions.chey are to be prefs'd with argument and exbo'tJt:?n,not by Empire and neceffity. For fuppoting the law otherlVlfe Without objection, yet he that. fafls againfl his will, does not ferve Godi and rheretore externally to be forc'd to doe it is not a lawfall exercifeof aD

Ecdefiaflical power, '

12. The Iiimme is. this .. If it be the f.1ft of one day, it may be indided

by ourlawtull fuperior, with the rneafures of prudence and charity, and accorcmg to the needs of the Church. >t But if it be the faft of mJDY days togetber, iris a burden, and therefore not to be exacted, lefl it be

uncharitable.

Hor at. ubi ("r·,;·

----------------~------~~'--~-------

CHAPA. in Canons and C£1ljitres. 32.3

u~c1;;ritabie. But if there be·a law, the law ought-to-b-e-'n-d-I-·n-a-n-r-h-e-fl-e-x- .. __:

ures ofreafon ani a probable neceflity, and to yrc\'ail. onely by the rea Con

ohlle rhing, n(lt, the. terce of a c?lI1mand. . But If It be no fif], but a

change at diet, It I.S 01 fa llttl~ ~rotit, that.lt will not recompence the trou.

ble, and will turn Into fuperflirion, Jn~ WIll more nunifler to evil then to

oOld and is not properly the matter of an Ecclefiaflical law, and the BJJ110p

hlth ~o power to make a law i~ thi.s matter: i I is not tor God, and it is not

tor religion, but tor vanllY,or Empire, or fupcrftirion,

. This onely I am to adde in order to the determination of our confcil"~nce in the practice of this inquiry, That if there be a law made by the CII'il power tor the keeping Lent, then it is for ci vil regards, and the law IS nOI lor fuperftition, but therelore to be obferved as other civil lJlI'S are, with the Cline equity and mcafures of obedience I of which I am to give further accounts in the Chapter of the Interpretation and diminution ofhumane laws, But ifit be fl:ill an Ecclefiafhcal law, indicted and fuggtficd by the fpiricu;11 power, and onely corroborated by the Civil power.and for them efformed into a law, then It obliges the Confcience no otherwife then it did and ought [0 doe in the hands of the Ipiritual power; tildt is, onely when the law is for good, and not for evil, wah Chriftian liberty, and not a fnare, when it is fit to be perfwaded and ought to be complied with, d"n md there it may be indicted, and is to be obeyed accordingly.

RUL E XX.

Ecclefiaftical laws muft ever promote [he fervice of God and the good of Souls; bue mull never put a Inare or ftull1bling~block to Confciences.

I TH E holy Primitives in their laws and athons ever kept thlt fayin~ of

. the Apofile in their eye and in their h:.art,."u:~r", 'Wf'0; ;~"..9J w .. tlJJ ?-i,jOJ-w, I Co-. '4. ,5. Every word, every aCtion muft be 'Wf'," CJl(9' o!'-WJ of :(1'''''';, for tb« IIf( of '

rdlfymg, Let all things be done for edification: and thererore much more Eph,C 4· '9· mu!! laws, which have a permanent caufality and influence upon the ~a:i-

ons of the Church; for therefore they are either a permanent good or

evil,

When the Churches had hope of converting the Jews by gentlenefs lnc compliance in Ierne outward nres, the Church made laws ofcornbination and analogy, of continuation and correlpondence in Iome obfervances, Thus the Apofiles at the Council ol :fem{a/em indicted the abfhnence from b1~od, as being infinitely offenfive to the J tWS~ an.l apt to eflrange their hearts from the whole religion of them that ert It. And therefore the law

was made that it might cement the Itones of the Spiritual building, and the Vid. u:t. ''1'"' jews and Gentiles mi"ht make the two walls of the Church. But when the •. libn,

Jews refus'd to come in,and excepting the remnant onely (of which S. Pall I

Cpeaks) which were faved, the reft grew to hate the Lord of life, then the

Ckurch confider' d that to ufe their liberty would be for the edification of

the Church of the Gentiles; and then they rernembred that No[es had

given

324 Of the Power of the Church BooK IJI. ---g-'-iv-e-n-t--;"-e--c1::-(w_':s ftejb,. bllt forbAd them _ blolld, bllt Chrif! gave ~.fi:fh ~;,d b/olld, and forb"d neither; and therefore they return d to that ufe 01 it thar was mofi for chancy and liberty, inflruction and edification. * Upon the fame account, though the Church was kind to the Jews, yet they wODld take care not to offend any of her children by retaining words th.lt miaht abufe them into a good opinion of their religion , and thereforeJt fila they .,bfi.Ln'd hom the name of Prieft, and Temple, as is to beobG~rv<d.u

111jlm }.f,lYlyr, IgrJdtilu and Minlltitu •• At the firll: the Chrill:lans kePt the J e\\ 1111 Sabbath; but 111 the Council of Laodicr, it was forbidden; and in the 70th Canon of that collection which goes under the name of the Apil.

fil.es, which was publithed much about the Iime time, the ChrifiiaU5 are forbidden [nez"e Jej,mi" cum 1"d,," {.-.:ercere, nee [ejlos dies "gae,lla qUl i1l/F/9ru1IJ ale ntatl~IIS Xent« mtttuntur accipercJ to keep the JtWllhial1; or le.dls, or to receive their prefents, viz .• of unleavened cakes which upo~ thofe dries they ufually Cent abroad. An.: t'le reafon ot the prohibition is Iefl J ud.uune thould be valued, and lell Chrifhans be [GlIldaliz'd at [uch compliance, 3S Z on,trt" an, EdlJ.l1rIO note upon r h.r Canon of tl.e LJodic(.'B Council, bur is more tully cucourfed by conjfJ/Itim upon the keep:n" at

Lib.;.CJf. '7. E41", "5 F.II/d'il!fr~ports in his life. c

C,n·'9·

3, To this end all Laws and Canons mull be made; not andy for rr.at

gre't I eJlon, bec.iute the end ot the Commandernent is charity, .ni oi ali [ph,".;.16. t C(itli"fiic"l ~Ol'tl nment is the brtildmg lip the Church if} loue, but bemie the Church hath no power to nuke laws which are not for eilticJtion: an.i 1 Co-in. '0. s. this the A poflle reflfies twice in one Epifile uting the fame wores , that : Cor. I,. rc. tht power and '!IIth~my whic/; 11]( Lord Il.,d gIven to him, WaS for dlft;JJioll, 1Iot/or dcjlrtlc1ion. ~ And this is not onely io to be underflood, thll lit~e Church nukes laws which are not t()J' edification, the does amils , bur tb Ihe obliges not, her lows are null, end doe not bind the Confcience, Forit is otherwife here then lJl civil laws : right or l\Tong the Civil confhrunons bind the body or the foul; bur becaufe (he veritic.rion of the laws of the Church is in the hands of Grd, and he onelv materially and effechely punuh.s t1·.e rebellious againll: this Governmenr, it is certain he will doe onely according to the merit of the CJUie, and not verify a power which he hath torbidden, But in the civil C0UltS there is a punifhment thst is exterminating or afHictit'e, which can punith them whom God will finally abtolve, Theretore it is that when the Church does any thing beyond bel' com million, Ihe does no wav oblige the Ccnfcience, neirher actively nor p:1l1irely: the Church puniihes no man temporally, and God Will nct either temporally or eternally affiid thofe who due not obey there where he hath giren no man rower to command. Ani this is greatly to be oJ. Ierved in all tl.e cafes ot Confcience concerninz EccJdiafiical laws. It Ire un.ienlan.i where the fpiruual power em command, where 11Je can exhot and ouSht [0 prevail, we have found out all the rneafures of bur obedience, But it ihe aoes beyond her com million, Ihe hurts none but her {elf; ror i1Jc hath n~thmg to doe with Bodies.and our Souls are in Iafe lcn,is. AnJ [he C:1I;: is much alike, JII CJCe the Ipiritual law be boun.i by rhe civil po;rer: {,)J' the K.n,:: when he makes laws of religion is t.ed up to the El'anf'c:.::li meafures , JJJ~:i he prevaricates, he does indeed tie us to a pafiive obe.> ence, bur the contcience is no otherwife bound; and he is to govern C 11 nils Church by the lime rneafures \Iith which the Apoflles dld,zno the BiIII .'j's rhe.r tucceflors did and oueht tJ doe before the civil pOlrer "'.5

, ~ Chrif!Jar.

CHA~P.~4_. ~t_n~C~a_n_on_!_a_n_d_u_(n~~~u'~·e_!.~~~~ 3_t __ )

~ For he hath no more power over confciences then they had ;

;:herefore he ought not by the aflli.:l:ions of the body to invade the foul: ~~t if'he does, ~x4 J'wa.!,-,v, ~ct' !'-~ ;~.U:ctV, he hath onely power over bodies, but n:> aurhoriryover the Confcience, ThiS being confidered, the Rule hath eftect in the toIlowmg particulars,

I. This Rule is to be underfl:ood pofitively and affirmatively; thar is,

4' The Church in all her conftiturions mull: take care that the Church be edified and built up in Iorne grace 01' other. But not [0, that wharfoever IS for r,\lficJtion fhe hath power to comman~. ,.T~Je meaCures. and limits of her

legiaJt;I'e power I have already defcrib d ; It muft be wI~hm thofe circles: R"I~" q.4 an"d though other things without them may be ufeful.and _ht for inflrudion, 01 tbli chapter or to promote the interefl of a vertue, yet Chriit hath lelt them at liberty,

snd his Church hath no po\\'er to bind beyond his commiflion. They can

;xhort and perfwrde, and by content they ~an prefcribe , ,bur to tile m~-

king of a law there is (omerhing elfe reqmr d, befides that .It be ap; to edify

Drt~ infiruct. For (befides that it mull: be of fomethmg plac d in her .

pOII'er) it !!lull edify,~d not dellroy; it mufi bnil~ up, an.d not pull down;

that is, it muft build With all hands, and not pull cOIVn With one.

I. I inflance in the inflitution of fignificsnr ceremonies, tbat. is, fueb which are not matters ot order and decency, but meerly for ti~n:ficat,on :nJ the reprefentment of Come [ruth or myll:ery. Tho[e wh en are prudently chofen are in thei~ own nature apt to inthu~t. Thus the ufe of pltures in the Greek and 111 the Lutheran Churches 15 [0 far ufeful, that ;tcan convey a Ilory, and a great anda good example to the people that come thirher , and [0 far they may be for edificanon. Ilut becaufe thefe can :1[0 and doe too often degenerate into abufe and invade religion, to make a law oi theie is nor [afc:· and when that law does prevail to any evil that ;; not eafi!}' by other me;ns cured, it does not prevail upon the Confcience :nd indeed to make a law for the ufe of them, 15 not diredl y within the ommulion of the Ecclefiaftical power.

f. Eut there is alfo more in it then thus. for although Iignificant cere-

moaies can be for edification to the Church in Come degree, and in feme perfons , yet it is to be coniidered whether the inrrocucing of fuch things ~De; not deflroy t~e Churc~,. not .onely in her Chnflim liberty, but 111 ~he !implicit)' and punty and Ipiritualiry ot her religion, by infenfibly changing

it into a ceremonial and external fervice. To the Ceremonial law ot the Jews norhina was to be added, and from it nothing was to be fuorracted ; anc in Chrill~an, tv we have lefs reafon to adde any thing of ceremony, ex(erting the circumflances and adrantages of the very rniniflery, as time and pi:ce, and veflels and ornaments and neceflary appendages. But when we Irelk of rituals or ceremonies, that is, exterior actions or things betides tj~einairurion or command ofChrifi, ei-her we intend them as a part of the Div.ne fervice, and then they are unlawful and intolerable; or if onely for h!:nifimion that is fo little a thing, of fo inconfiderable ufe 111 the fulnefs ,n~ clarity df the revelations Evangelical, that befides that it keeps Chrifil:ns Ihll in the Il:ate of infancy and minority, and (uppofes rhem 4/WAitf . il4rnillg, and never (~ming to the knowlldgt of tb: truth, It ought not to itand agJin!t any danger or offence that can by them be brought to any \Ole an.i good C hrifhans,

In

31 .. 6

Of the Power of the Church

BOOK Ill.

7. In fome ages of the Primitive Clmrch, and in fome Churches th

Lib,l,<omr, gave to perfons to be baptized milk and hony or a little wine (as w~ , e~ ~~;l:d~: ~II Tcrf~I"iarl and, S.lIimm) to ligmfy that thofe Catechumens were b~b~s Luciferiancs. 10 ChrIll:; and rna reblls to recommend to them that fay:n" of S Pit

di lIew-born babes ~efirc t,he fincm ,milk of the word. Now befides that th;; was not ufual, to give hieroglyphics where they had plain precepts and give figns of rhl,ngs that were prefent and perceiv'd- it was of [0 ve~y htt~~ ufe, that all Churches that I know of have laid it afide, It was al[o'; cu!1:ome a~lClently, when they b~ought the, br~ad and w!ne to the ;:Itar Or

Comrsunion-rable, to prefent milk along with It \ and this alia did lian'fy nutrition by the body and bloud of Chrill:. But the Council ofllr~( I forbad it UpOA this reafon, qllilf widnrs exemplllm Evarlgel,c£ 'VIm d;~ illl,d offrm riM (imf, becaufe Chrift did no Cuch thing, and commandeddnfi

fuch thing; a~d therefore not,hing is to be ad~ed to thole ceremonies which Chnft left, And indeed It t!le Church m!ght ad de things or rituals of Iignification, then the walls might be cover d with the figures of Doves Sheep, Lambs, ~erpents, Birds, and the Communion-table with Bread' 'VUlt, Herbs, rapers, Pigeons, Raifins , Hony, Milk and Lambs, 0; whatever elfe th~ wit or l~all or the nature and Ienfe of the my!1:eries might _1Il\'ent 0; ImpO! t, [;ut co~cerOing fuch things as thefe, the judg-

h C,n, 81, ment at B.d/'''''e/1,IS, tillS; Eos male facere srbitrsr, qui in Eeclefia ColNmhas ~'~~;,6,in cmtttunt fro ,SrII'll u s j,lI/ili ~dventll; &qlli pro ifiaftdill quit nOVDmod, app.lrIm,lI, ,0~ cru adl1l/l'6btfts, cereos aree1uiurlt 1&. 'I,ui /lrCllnam & fal.t arem Domtnt ; & Do, & SovdforM 1I0(1rl ::fe[1I Cbriftl gmeratiollem thm ftrato txp"munt; 6' '1'M frmt jI'prarafiorlem & memu cDgiwionem hNmJr.il ddlll'l}entI01ll?~S de[cri~urlt. To let a Pigeon fly to lignify the comins o] the Holy Spirit ~ to light up candles to reprefent the Epiphany , tod~tli a bed to exprefs t,he fecret. and ineffable generation of the' Saviour of the world; to whlc~ he, might have added, to prepare the figureofrhe Crucifix, and to burie an Image to defcribe the sreat iacrifice of the Crois for the red~mption of ma~kind ; th~Ce are thing~ to no purpofe: not cnely for t~e levity a~d theatrical gayeties and reprefenrrnents unbefirrne the gravity and punty and Ipirituality of Chriftian reliaion , but alfo the TIlln' ner of tea~hing thefe truths by fymbolical things'" anl aCl:ions is too loll', too fUCPICIOU5, too dangerous to, be mingled with the Divine lieurgies. Chrifl !my as he pleafe conlign his own good things that he gives us \ but ~e configns no good, and reprefents none.bur what he alfo gives and effeds 10 th~t miniflration and under that fign: bat a fymbolical rite of humane invennon to ligmfy what it does not effaCl: and then introduc'd into the folemnworfhip of God, is Co like thofe vai~ imagination. and reprefentrnents forbidden 10 the fecond Commandement, that the very fu[picion is more :gamll: edification then their ufe C3n pretend to, But if any fuch ritual or ceremony b~ !Utrodu,c'd by cuflorne or by confent, it ought to be us'd as meI_J ufe their champignons , they boyl them in three or four waters, c1e:mhng them both by w~ter and fire before they be us'd at all.much more before they be perCwaded into a Iaw,

C'P,I,

8, 1. But when they can be innocently us'd, that is, when they can be

mace ufefull, and yet be innocent in themfelves, yet it is to be taken care of, that they may not onely by their abufe, or by miflake, but that by their number they be not troubleforne and inconvenient, This advice I learn from S. AII(1in, in whore time the Church had gone beyond her rule and

beyond

in .canons and Cen{ures.

beyond her power in the introducing or p~r~ii:tini-t-;-b~intl'Oduc' d very------·many fignificant ceremonies? everyone of which he could not directly

blame, but yet they were fervile burdens, and intolerable be fides, by their

number and their load. [Etiamft rlon iriteNigatllr '1'lomodo contra fidem {lint,

/ATntll qU6niam MerarJI religjomm, & [ervi/ibm onerih« r=« qllam , chriftm volilit p~llCIfimu & marlife(1is celebratioll11m Sacramentis liberam ~~:~'9: I, liJtlpro,terea faClunt lit tolerabtltor fit conditi» r"d£ort~m;qlli etiamfi =r«

/ibertatl< non agrlovtrllrlt, legallbm tamen [amnls [ub}lCIebamllr, so» bumarlis pr4umptio~jbllsJ A'~bollgh it is »Dt to be underftood how thefe thine;s are

diTdlly Agill1lji the faith, yet they bllrde» relt[/On, and IMd with a leyvi!e

f'tfJim berwhom Chrift left [ree And chArg'd ondywitblbe two SacramCklfs:

Ihmfore our cafe is fIIor[e the» thM of tbe ::fews; for though tbey had not If lime 0/ libtrty,yet tbey were charg'd orlely witb turd ens that God impos'd, but not with the preJumpfiom of marl: which words are a fevere condemnation offuch laws and cuflomes Ecclefiaflical, And therefore there is reafon to celebrate and honour the wifdorne and prudence of the Church of Erlgland, which hath in all her offices retain'd but one ritual or ceremony that is not ofDivine ~rdinance o~ Apoftoli~al pradice, and that is, the Croft ill baptilme: which though It be a figmficant ceremony, and of no other ufe, yet

as it is a compliance with the pradice of all ancient Churches, .. fo it iii • 5, Cyprian' very innocent in it felf, and being one and alone is in no regard trouble- "chpfis;& feme or aflliCl:ive to thofe that undedl:and her power and her liberty and 'pH\. 56

her reafon, I [aid, fhe hath one onely ceremony of her own appointment;

for the Ring in marriage is the fymbol of a civil and a religious consract,

it is a pledge and cuflorne ofthe nation, not of the religion: and thofe

other circumflances of her worfhip, are but determinations of time and

place and manner of a duty \ they Ierve to other purpofes befides fignifica-

rion, they were not made for that, but for order & decency, lor which there

is an Apoll:olical precept, and a natural reafon, and an evident necelIity, or

a great convenience. Now ifbelides rhefe ufes they can be confirued [0

any good lignification or in!1:ruCl:ion, that is fo far from being a prejudice

to them, that it is their advantage, their principal end being different, and warranred.and not deflroy'd by their Cuperinduc'd and accidental ufe, * In

other things we are to remember that figures and fhadows were for the

Old Teflamenr, but light and manifelbtion is in the New; and the Egyp-

tuns indeed did teach religion by Symbolical figures; and in the Eall:ern

Empire their laws were written with charaders and abbreviarures \ and in

the fchools of Plato end PythagorM they taught their Icholars by numbers

and ligures; and Diadsrus of TAr/us and origm brought in an allegorical

way of expounding the Scriptures, and almoll: wholly, but certainly tOO

much left the literal and fimple way of'inrerpreration, and fo doe the Per-

/tc1/onips and ferne others at this day: but we that walk in the light of

the Gofpel, and rejoyce in that light, have received from Chrill and his

Apoll:le$ an eafier way of teaching the people; and are not therefore to

return tn the elements and rituals of Jews and Pagan fchools, Chrifi left

no lign but two that did alCo effect as well as fignify : and if they had andy

Jigailied, and done no ocher good, we have no reafon to believe that they

would have been appointed. But this thing is gone into fo great inconve-

nience in the Church of R~mt, that there are not onely fo many ceremo-

nies as doe fill a book in folio; but the reafons and fignificarions of them'

~re offered to us by DllrarldlH, DuralltllS, Yieeeomu and others: but is

IS certain that all the propofitions and myfteries lignified by them arc

E e :a very

32.8 Of the Power of the Church BooK lIT.

very much/ooner l~arn'd [hen [he ~ that thofe rituals or circumllances ofLI[Uray, the aCl:ions aeftures L b'

d i II: f d db' b , na Its

an III rUhmeh~ts 0 0hr er an decency be alfo . fignifi~ant, gives an ad van:

rage [0 t e t mgs t emf elves, and makes their firfi intended minifter c fome more ufefulnefs, yo,

9. 3. Ecclefiaflical laws are not then for edification when they give o'~

fence to the wife anhd t? the I goodhl to.t~e Ihov.ers of peace and theobedie~c to government; [ at IS, W len t ere IS in t err nature [0 much real evil . fo much caufe of jealou_fy of VI.hich the law'gi vel'S cannot purge them: ;h~: the good a~d com~IYlng principles that are in the good [ubjects can. not be fhfficient to glv~ them ~ntenainmenr. But of this the la\\··givers are to be the Judges; and If they ~nfift upon them when there is canfe enough [0 lay them afide, they fin agamft th:tr B~ethren, and t~ey fin againft chriJi. ~ur the laws themfelves doe ~ot bind, If the exceptions againft them be ,uft and reafonable and fhfficient : which whether they be or no th Church-Rulers fhall judge at prefenr, and God fhall judge at lall: a~d j~ the .mea~ time [here can be no oth~r rule given, but that the fuperiour and the inferiour endeavour by. all wale~ ~f prudence and humility tofatisf. one another, A pe.aceabJe mm.d,andwlllmgnefsto learn, and a charitable ex. pofition, are the juf] dlfpolitlons of the fubjeas duty; and the Governours are to take all the care oHouls. that can be fuppofed to be the duty offpi. ritual Fathers: and If t~efe things be done, there will be no hatred, and no reproach, and no Ichifme But If the quell:ion be who fhall yield the Governours certainly have authority,and the others fay they have re;ron: the one ought to be pitied, and the other ought to be obeyed , but both ought t? Y.leld: onely the fubjed muft yield outward obedience tho[]<'h otherwife It were not nece{fary, yet i~ it b71~wful, it accidentally bec,)fJ~e; fo; ~nd If It be not lawful, or If he thinks It IS not, yet he muft be careful he grve no offence, but modell:ly, humbly and without reproach offer his reafons againf] the law. .Bu~ then the Governours alfo nmll: yield : they mull: not confider h?wmuch IS poffiblefor them, but how much is fit;they muft meditate nothing of Empire but much of charity . they mull: con. fider w~lich will doe .mofi good tothe fouls to whom they doe relate; they mufl WIth meeknefs mll:ruCl: the gainfayers, and with fweetnefs endeavour to. Will them, and bear ~ith the infirmities 'of the weak, if they can perceive the weaknefs to be Innocent. But if a crime be minzled with it and be difcerned, it is matter of edification that fuch cl'imi;als bedilco~nre. nanc' d, and the Authority be immu~' ~ and kept from contempt. But in rhefe and the like accidents the Spirit of God mull be invocared and implor'd Jn~ endear'd, that by his aides the Church may be fafely and wifely and charitably governed. Whoever wanrs wifdome muft ask it of God; and God WIll be eafily intreated to doe good, and to give good things.

10.. This onely is to be added, that according as the matter of the laws

IS of advanc.g~, or neceJIiry,or onely of convenience more or lefs Co are the Governours of Churches and Guides of Souls to be more or Iefs ~a(y in dil: penfing or annulling their laws: till rhen.neither the Rulers nor the fubjea can by any-other means be excu~ed from fin but by a hearty inquiry, and ~ fincere humble labour to doe their duty to each other according to the beft o~ their underflanding. For if th!,; does not procure a jull: c;mpliance, it WIll at leaft preferve peace and mnocence: and though the 5rlt is be~,

becacte

CHAF.4. in [;mont and CenjuYeJ. }19

------~~~----~~----------~~ ~t-includes thefe, yet thefe are the next bef],

I + Ecc!efiafticallal't's that encourage and adorn, and add degrees and I . moments and zeal to the fervice of God, are good minifleries of edification; and till by exceffe or accident they convert into evil; are of them[elves lit to minifter to religion.

Of Mtljic in ClJUycl;es.

Thus the ufe of P/dlm6dy or linging of Pfalms, becaufe it can fiirre up

the affcchon~, and make religion pleafe more f~culties, is very apt for the edifiCltion ot Churches. The ufe of Mufical infhuments may alfo adde

fome li[t\e:,dVJntages to finging, but they are more apt to change religion

into aire and fancies, and take off fome of it's fimplicity, and are not fo

fitted for edification. Ad difciplinM aliquid artificiale organum non effe adhihwdmn,(aid Ariflot!e as he is quoted by AquinM, Artificial inflruments U·. q"" are not fit [0 be applied to the ufe of difciplrnes, That is, the mufic of""" inllrument. of it felf does not make a man wirer, or inftruCl: him in any

thing. This is true, and therefore they are not of themfelves very good minifieries of religion. But vocal mufic,being natural, and the action of a

man with the circumftance of pleafure, if it come to invefl religion is of

great ufe, as all the experience of man can tell. Inflruments may guide the

voice, and [0 they may be us'd , but they are but a friends friend to religion,

and can hive no near relation to the fervice of God. ::fuftin Martyr asks QU%Il.'01.a. the Qg_ellion why the Church ufes fongs in her Liturgy .afrer the manner of0Itho" • theunwife and weak under the Law. Anfwers,i'" ~","I "'71'"0,, b?t 'n;" vw",/o"

rtpp.#"qor, «».« '1; /.i!;' rrrZv d4U~(lJV;fJdt'CtH' ~fRJ,I, ~ ~' opXnUiw> iJ x-e_p"rJ.".u"

riJJt meerls to (ing is not proper to weak and ignorant perJom, but to

fing with insnimstr in{lruments, with dall~ings and with tiwbreis. nere·

fore in the Churches we doe not ure hymns with Jllch organs or inftrumtnts.

And S. chry[oJ!om faith that thore inftrumenrs were permitted to the Jews i. pfalllLISo. Ib mum imbecillitatem for their weaknefle: and he addes, As the ::fews did

pr.ire God ty all the inflrllmcnts cf mujic , Jo we are commanded t9 praife him

with all ollr members, Ollr eyes, OIlY tongllt!, our esrcs, our h.mds. The fame

thing is alfo affirm'd by lfidm Pelll{iot; Since God permitted racrifices and Jib. 1. E~·4I1' 'ffu{tons of bfoud for their childi}/meffe,it u no Winder that he did tolerate that

mufic rvhi~h u made by the harp and pralferY. But then in relation to us, he

expounds that Pfalm to lignity not literally, but myftically. By the found

of tilt tmmpct he underftands rse memory of the re[tmeflion I by pfaltery a1Jd

h.rrp, our tongtlt and mouth ; by timbrel and dances, our body and mind; by

eVlrY thing tlut hath bwth,J every fpirit : Angels and men are called upon

to praife the Lord. But now upon this account we may eafily perceive the

difference of vocal hom inflrurnental mufic in Churches; this being but

typical of thar, and permitted then when they knew not Co well to ufe

[heir voices and tongues to praife the Lord. And certainly the difference is

very material, not onely becaufe We find thefe wife men faying that inflru-

rnents were typical and permitted ,hd J'~'7ll01l>= f~r their tendernefJe and in·

fmy; but alfo becaufe by the voice and tongue we can properly and dired-

ly ferve God, and as well by linging as faying, and better, if it be better \

which can never be [aid of inftrumental mufic: which though I cannot

condemn iiit be us'd as a help to pfalmody,yet it mull: not be called fo much

E e 3 . as

Of the PO"aJer oj the Church

in Pr,lIn.

as a circumflance of, the Divine fervic=1 mufic. But of this the ufe 15 verx srear and I will cnely reprefe t i ." the words of ::fujliTi Martyr ;""""''';'11'),,,:''; ({a a., ""'11',,(;, Jimp/e nt! 1; 10 fiTigiTig U left 111 Cberches, Fo,thu ftirm liP' tbe ~illd wflh d cer:n Plain

r. d d {i ,/, h ' 'h· . .11' f 'a- 1"'t «nto sn ar ent e ITe OJ t at wntc IS cdebrated in the fong,;t apped]es Ihe

defileS and fiFOlom oj the jlejh; It drwes an'd_Y the {'vi/ thoughts of tHltm_

mtes that are I11vijible and jecrcl/y arife . It makes I he mif.'d iITigllOI d

to bring forth holy and Di-uine fruils ; ]t makes tbe Cen~rolls loht~"~:r/;:

puty VII/I ant and Jlrong ITilld'O'erjit •. aTld It bllligs a medicine a··d d

U 1 'l 'd l' I'r, J , .. " rime tt»

II II)(£VI am ems 0 our I; e. S, Paul in his fpintllal AIWCllry {"I/" ihis

~he tlVord t ,tht/p~lt : fo; It I! all of it the word of Cod wbic» is ceilbr.f/cd tN t e mlTld,Ubl t ': Jj'OIIg an,/, I~ the ver(c: it drives o1way rui! (pailS, "td/Ii: ftDII~ mtn IS 'J tilt ongs oJ tm Chllrch pelfcc/ed in -uertue. ] Tht Eu!cn IS fair and large: but yet all Wife and Iober perfoas doe fine Isulr wh -I-Y Pf I J hi h . ' " en [ te

ia mOGY W 1C IS recommended to us by tle prsctice 01 Chrifi ' d I;

Apofiles, does [enli.lbly patle further into art tben into religion "nc~·n!, . 1.S

I r. h devon " L • ,.. tI\'tS

P enure more t en evotion , when It recedes from thar nativ, iii I:·

d ' hi h Ii 'd I ff CJ.' ~p .clty

an gravity w IC ,crv, ~ ie a ecnons and holy afpirations of fo ll~::ll)' ;)~es

of the Church ~ w hen It 15 Co conducted rhar rt 111311 not be tor edifiCJt:on that IS~ when It IS [0 made accnrate and curious that none can joyn in it bu; Muficians, and they a~[o are not fo recit ai-oe; they doe not ling and exprefle the words fQ plainly that they which hear doe underfianc!;tor by Ih:s means t~e greateft benefit and tlfe of edifiCAtion IS loft: as appears in dl0ie w~rds ~t S; BoIjil, \~ho when he, had highly commended "'"; p.';.~J,"; "'_ 11'>01' .... ts J'OI'f(I1I7l> '1'"",l",l'-'x-Si. the delilTht of melody min'7/ed wilh h f,

/ ft h dd . ~ " o ~ " '"

VC1/y';lY. erus, e a eS,.6.11£7.,," = c.·"'W.9m,-=c=p.'),n ".';;v~ct;}t.:,,;~:.

~1''''''17'''I,For tbis caufe ivere the tunes of Iurmonio«: Pralms de""i/ed f~r'.s, that they which either are yong in years, or novices in inflruCtion,might wh~n they thl1~ .. k they "?g, have their fouls inftructed in the truth. '!17,; Q'li~"'~J.'Ola.; Td (hi a.OK~i\Ij, o(..t-; 7J q:J~, ~f'i.~ ~ ~ ).UCJ7f;>.~ f{g-r~:':f;t,V.r,X.""'(,dp.,"·, 0 the gredt lVifetiD,me of ONr Heavenly maJler, which ,11 Ihl j.lml ume d(~gms to, hdv~ us plw d and t1Jjlru{f(d to prrfemOTI hy tIJe (illgli;g of Pf..Lms. B~t 1U thiS and all things like this, the rulers of Churches art to doe th"t which moll promotes, the 'end of their inflitution. S.dNS populi fnpr/m.l/ex eJlo, 15 a rule which in this arrair hath no exception.the falvar.on ot one Ioul is more then all the interefls in the world befides,

12. 5. Although Counfels E vangelical being obferved are great! V for the

glory ot God and for t~e e~lfication of the Church ; yet it~is not for eelficarion that they be tnjoyn d, and theretore make not the proper iubjeCl and matter of Ecclefialhcallaws : and the reafon is all that wifedome by ~\'hlCh God was moved not to injoyn it, even becaufe all men can net t,ke It, and lew men will; and the impofinon is not ~L~; %p"i; a grmlr Jokl, but IS a perpetual inn e. For here IS the difference between thines indifferent and Counfels Evangelical, thou~h alike they be left under no ,comrnand by God, ~et for feveral reafons : tor things in themfelves in~ifterent are to_o lurle tor the fer vice of God, and Counfels Evangelical 2~e [00 great lor our ftrengths;and therefore God will not be wor!lJipped bv rhore, and he will not PUt any necefliry upon thefe : but yet thole rnav be made ml~ter 01 humane laws, becau[e they may become ufefull to ~1all\' pur· pOles; but COlJII[els cannot be made into laws, not becau[e the naiure Cof the clungs them[elves will nOt bear the IO:ld of a Commancemem, but

, bwuie

ubi [upra.

GHAP,4, in Canon! and Cen/urn. , j 3 I

beclllfe our natures ·~~il1 not: mdiherefore they are to--;b-e-ad-;-v-;is--;'l-;j,-e-n-c~oU-4-":_:_rag'd preached, pradis'd, commended and rewarded; any thing but in-

jOYII'd or made into neceflary duty. And indeed, when we confider thac

counrds of perfection are a diretl: worfhip of God when they are per-

form'd, and that God onely is to make laws of his own worfhip and direct

reiierion, and that in thefe he would make no law, becaufe thefe fhould not

bec~m~ neceflary, but the inflruments of a voluntary fervice, that in rhefe

thiners we might {hew our love, as in the matter of his laws we {hew our

obedience; the Church cannot have ,1 pow~r legiUative in thefe, for ale is

(he mouth of Chrifl, to command what he commands, to exhort to what

he exhorts: and as the Church cannot make that to be a part of the Divine

IVorl11ip which God hath not made [0, and therefore things indifferent may

become minifleries and circumflances of religion, but no parts of it ; Io

neir.hef em any thing be orherwife a Divine worfhip then God hath made

i[ and therefore man cannot make that to be a neceffary worfhip which

G~d hath not made fo, but hath chufingly.and wifely left to the choice of

our will and love. And to this fenfe was that faying of Alhenagoras in his

Apology for the Chriflians, Dws ad fa qu-t pr .e ter naluram furJt nemino»

m~vel, God moves no man to things which are befides his nature; that

is, he urges no man to doe fuch things which mufl fuppofe great violence to

be done to nature. •

I,. But the great matter in this whole affaire is, tb'at Counfels Evange-

lic~l when they are not left at liberty become a Inare , not onely becaufe they are commonly great violations of our defires, or great invafions of our intereft, anti therefore fit onely to be undertaken by a very few and after a long experience of their firength: but alfo becanfe though they be excellencies in themfelves, yet in fome cafes and irslome conjugations of circumflances they doe deftroy another duty; as giving all our goods to the poor hinders us ti:om making provifion for our relatives, a ftate of ceelibate expofes us to a perpetual uflulation ; and then either hy our contrary flate of affairs, or by our unequal firengths pull down that building which they intended to fer up. Some Canonifls fay that the Church forbids a mutual congreffion of married paires upon Peftiva! days-upon which days the Jews thought it a fpecial duty, but the heathens abflain'd : but how if one be willing, and the other is not ~ he Ihrll be put to difpute between two duties, juflice and reli~ion, ani (hall be forc'd like him in the Satyr to ask pardon for doing of his duty;

[!Ie puit vcni4m 'II/Mia non abjlinet U~Dr juvcn, Sat, 6,

Con<,,,billl Jacr;; obferv4ndiJqlle diebils.

The Council of Elibm's commanded abftinence from conjugal rights for three or four or feven days before the Communion. Pope Liberia: com' manded the fame during the whole time of Lent; qui4 pene nihil VAlet jeju»iuln'lucd cowjugali opm poltllitllY, Iuppofing the fall: is polluted by Iuch con;;reffions: but becaufe this relied upon an heretical Itock.rhar marriage is unclean, and Icarce to be allowed to be holy, of it felf it Ieems unreafonahie: but when they commanded that thofe which were married fhould that day communicate, and they that did communicate Ihould that night abtlain, (bur that they had no power to command any fuch thing,) the law it [elf laid a fnare tor f0uls, and if it could have ch:mg'd the action into 1 fin, lVould have ingag'd molt married paires to become finners.

Iie4

UpOIl

Of the PORler of the Church

BOOK IiI

14· U~on ~h~ fame account.bur UpOIl very much more reafon th~-

ches which mjoyn ccelibate to all their numerous Clergy d~e n r. ur, bly and uncharitably; they have no power to make any fuch 1 rea o:t they had, they ought not to doe it, upon the account of this RUI:wb an ~f they ought not to lay a fiumbling-block and a Ilene of off. ' . eCJhu e Brothers way. ence rn t eir

Of the Mairitlges of !fJiJhops and·Priifls.

15· Now concerning this, I Ihall firfi confider the purpofe and' R

of the Rule upon it. For if this be a [tone of offence, if this I~n .. ue~ce rectly and regu.larly a fnare to eon[ciences, it is certain it is an unaodll bf :and of no obligation to the Cub)' eCts of any Church . Now tl" YI all,

. db' • liS re YIO"

up?n experience an emg .bell proved by the event of things, lVl!l be iii

fiClent!y c1eare? ~y the teflirnony of thofe wife perfons who have obferl'ed rhe evil, and wifh d a remedy by annulling the law.

16. V£mll6 Sylvim, who was aftenvards Pope Pit« the Iecond C: d h

1'1.,'in, in vita the Iinale life of the Clergy was upon zood {( fi .n: ' ar t ar PU".&\,bcl- h fi ''b Ion i L. to rea on at 1" lfitloducd but licus Ennead. t at or er.ter rea on It ougl. no~v to be let alone and taken off. A~d of

~o. lib 6. the [arne mind wlsPAnormltalJ;[a¥lOC' that weare taushr b h

In c.cum olim fromth'slaw f fib . e to yexpencncet at deci"".con.· 1 .' 0 ere 1 a.te no~ ~onClnen'y but a contrary effeCt does follo~" Jugar. for the Priefls doe not [ive Ipirirually, neither are they clean but a elI'

ted With unlawfull mixtures to their zrear fin and Ilume whet. r. po u-

ch:Jfiity 'f t r . h h . to • , eas It were

I 1 were a loelety WIt t err own Wife. And illd,!ed tI e f ~ I

was [0 great, the fiories Co inrolerahl-, .t~elr adultenes Co frequ:m C.ih~~r Ihfis fo dlfcovere~, an~ the accidents [0 ndlculous, that the Clergy beeJme t .~ condte~pt and Jefi of b~ffoons and drunkards, and rhe pi ty and fharne of WI e an Iober me~. And It W1S a firange thins which in the hiflor ot the

~;;tJ,~.t\~b\. Council ol Trent 15 tol~ out of ZlImgliru, that writing to the c;mlJ1Jof the SlIijfes,he made rnennon of a law or edICt made by the maoifirates rh bred~hifors, t~at every Priefi ihould be bound to have his p~oper Con:~~

me.t at he m~ght no~ enfnare rhechall:ity of honefi women ~ adding, that though It [eeC? d a ridiculous decree, yet it could not be avoided unleife th word conCll6me were ch~ng'd inc~ Wife ,and the permiilion bef~le given t~

unlawful! Concllbtn4.U miahr be given now to lawt'ull'" A' h

I Ii r· to -",,,Irrlll"e. n~ W 0

p. ea e to lee mfianees more then enough to verify the i;finite Icandals

given by the ~nmirned Clergy generally, may be glutted with them in Henry Stephen I apolo"y for Herodutru .. But if h b I ffi I' d

A".lJ. beins a friend to h e I" lid' Lee e ere re upon,as r. aOGI b . at e comp alfilOg 1 e, rne teftimony of CAfTander WIll not o elY e reJt ed, Caymg-, If e-uer there W4! II time for chall in of an old "IJlome, certainly thr/e t111U~ require It; where all the heJl alld~o~ relt 10m pr1ij.s Ifcknow/et{?;l/Ig their I11firmlty, lind abhorring the turFltule of p~r!etn« orm,~tIOll, if'pHbiJckly they dart IIOt, yet privatr/ tbe marr. And ~ey that did not, did worCe: for things ([aith he) lire co~e t!that p;jJf thut

,c Jcarce one 111 all hllndrrd abJlaim from the fdlffWjhl of women. And AI-

n,p,3nctu Fe· V.11tH Pdaglfl! tellmg fad {tones of the incells nncl ~n n: d J:.

cI,h" lib. ,. of tI e P II d F . I' f ,e neue an JormCJtlons

• rt. 73. h .. ' :t sdJn flers, te .~ 0 th.el: gluttony, their idleneife and eJfe, ~ ell prl, ~ an arrog_ancy,th.elr recelvmg boys lUtO their houles ~nd doyers, r elf c~nverla[jon With Nunnes and Cecular Women tl1"[ i[ is no w,)nder there IS l.mongfi [hem Co impure a Cler&y, that fo man "ood men have compl<1lUed, ~nd all have been alhamed of it. And tJier~t0re

upon

in Canons and Cen/ures. ~ 3 j

.~~~~~--~~~~~~ u on this account;~:~;~lY cO~lfider the evils wh!ch the Church Cuffers by

[Jeh a law which pernuts their Clergy to walk HI die fire, and commands them not to be burn'd , or rather not that fa mu~h, but they forbid them the ufe of cold water: I fay, we may confider the Intolerable fcandals, the infinite diminution of'Ipiritual good, the great lofs ~nd hazard offouls , when fornicators and adulterers, paiderafls and the impurefl per Cons Ihall b -their fermons and common talk difhonour marriage, and at the Came ti~eput their polluted hands to the dreadful myfieries, and their tongues to fin" hymns to God, and to intercede for the people, who the night befor~ have polluted the temples of the Holy Ghofi, and defiled them nnw the around. But I had rather thefe things were read in the words of other me~, and therefore I Ihall remit the Reader that would fee heaps of fueh (lei complaints to the ria Regia of Weicelius; to Andrell6 Friciru

Nadrc~'il(J de Matrimonio presbytcromm, and in his a Apology" L Albertru a Cap. >0 •• lib;

. . I J G . G . e '1: h G 4· de EccI,I.

Pigl,ill5, 'D011JJJIJCJIS SOlO, t ie Centfl':l ranramtn« ermanu, TO n ~r- bComroverf.

fOil, t Polydore Virgil. Many more might be reckoned, but thefe. are WIC- .!.fub initio. neifes bevond exception; efpecially if we adde that the complaints were ,&Llb.7. de6,ull.

J. h d h hei I . Jur.~..

made by wife and grave men many ages toget er, an C at t err comp amts err. 1.

were of an old canker in the Church, that could never be cured.becaufe the d Gravam.1i, fpirimal Phyfitians did fee, but would not take the caufe away •. For this ~6:~i"rridr. thinO we find complain' d of by S. g IJernard,Rllpertll! Tuititll/h his contem- anim~,lc't.4. porJ~Y who compares the Clergy of that age to the Nicolaitanl, whom co,;1.14;ProP+ God h;ted for their nncleannefs, by the author of the book de fingulariWt ~"u:':'jI·b~~;.4. clcricortlm attributed t~ S. ey!rian~ by h Guilielmut Dllrand'l4 in his book ~'~/'~;./:J'~!~: drmodo concilii Gencr,ll,. cdebrandl, S. I!fldelnckruBlllJop of AllfJJtlrg,,;col,cap.,Q. who wrote againf] the conftrained lingle life of Priefls to Pope Nlcho/tU, h pan.,.d, .. o\6. 1 Robrrt Holkot , t. Nicol.u« de Clemangiis, I Petrte de A/liaco, m TojIlttus, s:~;~~~'t. in rlalind in the lite of Pope M,1TccllintlS. The fcandal mull needs be noton- I, Dc curruplo ous and intolerable when (0. many perfons of the ingaged party, of t~e Ito- t~:';;!~:~~;_ man Church, whence all this mifchief came, durfi [0 openly complain, and done Ecclcf wilb the annulling of the law of lingle life to the Clergy, or that the fpirit m o)'ut'.,on"

. .- II I . 'fi I" h I" [ChlCu"o,-

of purity were grven to a t rat muu er t~ a pure. re .Iglon, t. e re igion 0 ,ubin". co~cl.

Jefus Chrif], Butthe thing it Celf was it sown indicarion , It was a black ulr,

cloud and all ""ood men abhorr'd it: for things came to that pafs, that the

Bilhops OfIici~ls took annuities from all their parifh Priefls for licences to

keep Concubines \ and if (hey came to a continent perf on that tol~ theJ_Il he

kept none, they replied, that y.et h~ mufi pay, becaufe he might If he

would; as is reported by divers 01 their own, particularly by the Centum GravdmilJoJ, and by E/penc4114 in Epifl. ad Titllm, c,rF. I. J end this WIth

the words of N.mil/HS Pere(tlls, Multi; piis vifrlm eft lit lcges de calibat» sol-

leremnr prorer(,.,nd"ld, M,uIY piolt! perf On! have thought It "ecejJar] th"t

the lalV of Priejls jingle life fbauld be taken IIwa} by!eaJo,! of the .fcand,Js

n'bich it briJ:'!,s. For S. Pallt was [0 curious, even III ihis very inflnnce,

that when Jle had but commended the eafe aud advantages of the fin~le I Cor. 7. life to all Chnflians in regard of the prefent neceffity, and the affairs

of religion under perfecution , he prefenrly claps in this caution, I Cpeak

not this to lay a fnare before you, fed veflro commodo; If any.of you find It

tor your elfe or ad\'jntJge, well and good, but at no hand let It be a Cnare .

I), 2 But thlt '.vhich next is confiderable is, that this law is an intole-

rable burden. So faid 1'.1phnlllius in the Nicene Coullcil; he call' d it U'7rJf.S,}.!,,) 'Tn' CX:"f,{3,;",; .117 e:m(s of exaanefs : and therefore when Come BI-. {bops

. 334 OJ thePOlllerofthe Church BooK HI

Ihops would have had it made into a law he advis'd the contrary. N, t • gr.fV~re j~gh"'" ECCbll(jiAJli~~rllm, LAJ 1I0t ~ load flpon the Ecclefilljlic fi4t/ ~:; mamilge IS ~nou!a .e m 1I"",en and the bed undefiled .. adding, that aU ;;~_ not bear that Infltllltton of life thAi U void of all 4fe£liMs, .ma . b fi pold,Jlo man ]bollld be f.w'J in his chaJlity i[husbands were depriv-:;; hUf-

r ft· 'J wiva, bllt ,h4t filch fociety WdS continence And chafl.ity So Gela!i CO I utr n ae ,IS cone, . II h fi A d h h' /" 1,m ':;I&e!'licen. P.dC IIIIS te S t e ?ry.. n t oug Tuman the J efuite would fain make th

Imprefs. cap. j. world not believe It; yet he hath prevail' d nothing, For it is not Ie p. 170. All. ltd b G I rfi b t b .11:' b ~ onelf 'pf"Vadon, re a eye a 11#, u 'Y 'l!UJJIJ?IH; . Y Socratu,Sozomen,by AlirdiRS Caj-

1l1~1. prodic!,,,;fiodorlu the b Auth0r of the rnparnre hiflory, by' SlIidas, d NiaphomJ CaU':tM~~;~I~'E flm, a~d by e Gratlan.And the Synod did obey the Counfel, And therefo:e fane & Rober. the third Canon of that Council cannot be underftood by any learned B,lollo"lo Score. to be a prohibition to the Clergy to marry: it forbids a Bilhop a plI!a~ aHI .. I.caP,f. D ..., ~. J h ' rte" b Lib.lor'p.ll. or eacon, PUAlEiOlt"'~V 'J'uu<:e,l(.¢ ')::1V' to ave a Woman introdllc,'d, unlefs

'Vcrb.Paph_ fhe be a Mother, aSlfier,or an Aunt, that is one of whom there canb nunus liC!" li e d Lib:8. c. 19. fino u plcl?n. 1:'" Itrem ~xtrandeamh)a woman that it not It dimtjfic; fo i Ruf-

,C3p.Nicen" Jlfl.S,C Fu 'tentlll4 Ferr.f/I"us,an . t e h fourth Council of Toledo expound the

tdlll'.lI. . word UUUEiOlt"lov. For by that nme the opinion of lingle life had preval'I'd

Hs!!.Eccl.hb. b hb ish db fi . h h h

I. cap. 6. ot y ~I", t an. y wrong; or in t e tree undred years of danger and

g Cap. m. perfecucion many [hat were under the crofs would not intanale themfel

Il Cap. 4'· wi~h fe.cular relations, but ~ght naked and expedite: but b~lides this, ~h~ Nlcolilltans and the Encratlt~s a.nd the Man/elms, and the MOlltdlliji; and the Gnofltck~ .and the !'ri(cllllani{!s had Co dlrgrac d marriage, and pretendedfu~h pur~tles to b~ I~ lingle life, that It was v.ery eafy in that conjunC!ion of affairs [0 infinuate ~t Into the zeale and afftChons of rome lers-difctrnin~ perfons, who not being content to have marriage left at liberty as it wa~ d~n~g the wholesoc, years, would needs have it impofed: not difcermn~ In the mean time that am?ngfi thofe who pretended to the purities of ccelibare, fome w?uld yet brmg women into their houfes , fo did [he Hie-

H",cf.67. ran«, as Eplphantm reports of thfm,pretendi~g they did not marry [hem,

• ·A)o .... ,,1.;, but made them houfe-keepers . they were their gallants meer Piatonics apud Bplphan, or, as they call'd them,frJIers; but they would kifs and 'embrace tenderly'

heref 6;. and Iornetimes fleep together, but fiill would be thoueht Virgins as 11';

[pill. 6,. find in an epiflle of'S. cyprian,w~ere he commands fuch perfons to b~ thrult from the Commun:on of the .faIthful, unlefs they would either marry, or leave the communion of their women (for that glofs had not yet invaded 'he perfwalions of men which lince h~th prevail'd : S4cerJos.amplefiens millterem,pr.cju",ttur bmcdtcere, If a Priefl irnbrace a woman it is to be pre·

0,,,. [7, II< fum'd.lieonely giv~s hera bleJling:) And the fame S. Ch:yJoJlom tells of Om, I 8. edu, them In rome homily he made agatnll: thofe that brought in fuch women Savil. T h~y were the companions ~f their jingle life; fo Blldo1l1s renders the word;

but It was ufual among~ the Chrill:ians of thofeages, Virgins to bring in men, a~d Mo.nks to bring I~ women : b.ut thefe were condemn'd by the Council of NIce; who yet did not preva~l, but that they who might have wives or husba~ds had rather have {uch fnends and companions, which ne. verthdefs.gave mfimte ~clndal and reproach. S. Gregory Nazi4nzen fpeaks of them With no good wII~ or commendations at all,

Tas ~ G'UlJ(loWt'Tf:lt,r:s I~ !paa'XltG'z, :''1It1..;Tft,

~ oiJ" el'fE ,d.,.u:J -/~f1r}fI.E" ffl.' r.l,a,~tJ' '

. e';crol~/V, ~ fJ-icrov 'tI ~"lo.~~H· ~ ,.yJ :~')I ,,~v fJ.t lIf:i'f7J O(g.""" on'lTP"'J'fJ- ,,,,,,,,rlgr;f'''I.

He

GWAP.4. in Canons and Cenfures. ,H

He neither knew how to call them ;,. ~-\vhether ma;·ri~d or unll];lrri~-d-, -o-r-'-\-'k-":' 1,<101

betlveenboth· but at no hand was that kind of life to be commended: but :"·";JtIPlul" , h 1. ld b ih'd \.;1:: temu rujus

much lefs was it [0 be indured t at men by new Ia\\'~ thou ecru (O,.ocabu!.i "'-

death or danger onder an lntolerab.le burden. T his was the Ienfe ~f the ~;",'i;~'~.~,~'~iu Nicene CouncIl. An? the f.~me thing ~as affil:med ?y , D;Oli,Y(iUS B~al?p' in l' dilp. ;~7. of corinth to Pl1IyfllJ Bifhop 01 GnofJus, 1'-" {3 .. pu <p0p",ov E1W.V"'')oY.Ai; 'ltI ""'€.I c. 4. & Micl,,«'')0'';'''' ""Ii d"'.;>"<pot, ''7I1'k~i,''I, the .heavy rIa of ab{!ine~cc o~lght not to be f;b~':;~C;:~~;7_ impofld IIPon the nrethrm.And of this el.le Chancellor ot Pari«, 3 good man neruia c. s r ,

and a wife difcourfes gravely. "Chnlt our mofl wife law-giver hath left 8< Georqium

, di I I' I' f I h faid H I L h ,-,l",umoe "ritullS or Ju lela 5 to t ierr c JOIce 0 w iorn e uia, e t JAt ~t.lYcl fOIl, con}",. Cleric.

"hlaret" me; but yet Co that they fhould know they are. fee over others p. I '4: .... "for edification, not for. de~ruction: and that they Ihould Jud~e 3cc?rdmg ,:,:(~~'~3,t'" ct to the law of God, which IS the general rule for all the profellors ot Chri- '''pro.

"ftiJn religion under Chrifl who is their General Abbat \ not enlarging it,

"not refhnining ir.or making it harder thenChrift exprelftd It when he [aid

"his yoke is cafy ~l1d hU.bllrde~ light. For t~e Prelates of the Chu~ch ha~e

"not power to bind their Iubjects to any ~h~ngs which are not de~l'ered III

" the Evangelical law profeffed by all Chrifliansuhey haye no other aut~o-

"rity then Abbats have over their Monks, who, according to the doctrine

"ofS. '[hom44 and other Dodors.cannot command their Monks any other

"thing then what they have profeffed in their Rule.] No\~ whether this

be a burden or no will need no inquiry, when there IS not 10 all ~he laws

of God (0 much difficulty as in this very thing; inlomuch th?t WIthout a

(pecial gift of God, it is impoflible, I need not to pr?ve this tell the Iad

flories of ferne Saints who have fallen foully by the Iollicitanons of their

own nature; or how that youth, in which age many enter rnto ho~y Orders,

isa Ilate ofilamesand danger ; that S.Hieromcomplams of It in his own

particular scit iJ lubriCll1ll adolefcentitt iter, in qllO 6- ego /al'jtlS film, he loll: E 'il . his glory 'of a virsin body when he was young: but I confider that thofe d;O;"~~i'U':. per!~ns who have "'undertaken it, and had eminent graces, ~nd w~re perf OIlS

of rare and exemplar Ianctity, yet could not preferve their virgin WIthout '_

almoll:deftroying their body. Evagrtlls the Priell: ~s'd rogoe Into a well

ina winters nighr, S. Bernard into a lake.to cool their burnings : S. Fr4nctJ

us'd to roll hi~ naked body in fnows, S. Omar in nettles, S. Benedifi upon

thorns S. J.fJrfinian upon burning coals.to overthrow the ftrongeft paffion

by the~nolt violent pains. And were not that law intolerable tim alOu!d command allEccleliall:ics to doe Iuch thingsr They muftdoe thefe ur worle:

I fpeak of thofe who have not the gil~ or continence. F~rt? f~y thn all men have it, or may have It It they Will labour and ~ray lor It, IS t~) Ipeak

againft reafon and " Scripture and e)(~en~nce. It IS ~alier to gIve our. r Cor. 701. bodies to be burn'd for religion then to live innocently rn the ftate of per· M.tlil. Ij. r r, petual burning: and fuppofing'thofe Saints now enumerated did by there

violent remedies keep themfelves from pollution,. yet It IS not ce~talll that

[hey took the better part when they chofe uft~latlon b~f?re marmge, ex-

prefsly againll: the Apofile, who not onely fald, that Jt IS better ro~larry

then to fornicate but better to marry then to burn .. and that there VIOlen-

ces did cure their' bur~ing, is fo falfe, that they d~e ,ruppofe them affiiCled

with burnings,and that therefore they were conlham d to ufe VIOlent reme-

dies; for th~fe which men invent are infinitely worfe then that wluch. God

hath appointed; [0 eaCy it was by marriage to cure what they found I~arce

pollible to keep from the ext rem eft mifchiefs, but not poJli~le to doe lD .all

de"rees b)' mortificatious. And therefore S.l1ierolll fpeakl.ll~ ofVlrgms .

" , that

OJ the ~.Po'Wer of the Church

-------

that did not doe honour co their virginity by real continence , he advis-;d-

Ad Demetrl- h 1 ji r. .a:

oJ,virg, t em, lit alit nll~dnt I Je non fOJJU11t con~inere, dllt contineant fi nilluill

TJllhere, that _ they. would Co~taln It they Will not marry, or marry if they csnnot con/41T1: not onely If they cannot contain from outward atl:s of uncleannefs.butevenfrom the Iecrer ddires of It, audfrom burnings, f2uid

Jn jeremiam mim prodejl .(falth he) Gorp~ris plldi~itilt animo conj/Nprato? Th~chJllit

lib, ,. cap. 7· of the body IS of no profit, If the dehres be burning and di!honeft. Y

c.iflo fallem dclectllmine

Amare quod potiri non lices,

" .• So the b_urni~g is well defcrib'd in the Comedy. Uri eft illegitimo coitH

rhlloppI<.18, aut flEdl5 coglt"'lo~ibm Je pollum, ~aid A!fonfus FirveJitlS, To burn, is to pollute our felf with unlawful mixtures, or with filthy thoughts. and thefe defires are not to. be cur'd by mortifications and corporal aufie'rities. Nellagllcrra d: amor .chl JHge vince,faith the Italian proverb. TIme is no contefbng agamlt this paflion , even to difpure aC1ainft it is a temptation even to fall and to b~ hungr_y does enkindle the Bame. Fames & fitif e.\'~ a!perat e1111cendlt antmos ,faith Seneca,Hunger and thirfl make a mananOty:

and angel' and lufl are fed by the fame fuel, "

--mea CHm d~ferbllit ir.c

Nolo prognatam cQn[ule--

A fpare and tempera~e diet gives no extraordinary maintenance to th~ defire, and therefore It was advis'd and practis'd in all ages : but there is enough of defire III ordinary; even that which maintains health will keep up that n:ttur~1 defire , and thl.t which deltroy;. health, deflroys charity, and hinders us more m the fen-Ice of God [hen It can fer forward And

Epifi.8. S. Hierom_faies that b~had known them of both fexes who have by too much abflinence ,m,rn d mad, and I.oft their wits. They that from God's mercy have recclv,d ftrengths to live lingly and purely, may ufe it asit ferves befl for God s glory and the interefl of their fouls and their own interrnedial comforts. But it is to be confidered that it is' not onely a "'ift of ~?d that Ierne me~ can contain, but it is a pe~uliar gift that they will: and It IS obferved b~ wI~e,and good men, that this delire hath or hath not re[pedlvely been infpir d by the fpirit of God in feveral ases of the Church according to their pref~nt neceff ties; and when God gives the gift, then every thmg wil help It forward. But in the prefenr manners and cir:ullIftances_ot tile world, as .there is no public neceflity of it, fo there is no great care taken to aequae It; for there where the unequal laws of men have brought a ne~effity upon their Clergy, it is with them as with thofe

Ub. 6. hXI(I: of whom EplphaTlius complains, Ut fit cONfimdantllr aplld hpmines ocmlte ~o. (cortan/llr, & f~b folitl~dinis 4Ut c~ntinenti£ /lmie /ibidinem exercest , They pretend pumy III publlc,and. fornicate in private. And it is certain.that Inch courfes ~re 110 ~t me~ns to rnvrre th~ fpirit or purity to invef] and adorn theChm eh. N either IS prayer a certain way of obtaining this gift,any more then of the, gift of a.healthful or a ftrong body; for God requires it of none of .us directly , If accidentally be does require it he will eive him wherewithall : ~ut therefore the Apoftle does not fay: But if a °m4n dm n~t cantnm, let him pray, but let him ml1rr.y. It is fufficient that God hath given a remedy tim is e~fy and infallible to all that love God. and it is beft to .ufe that remedy which is belt,. and was by, the beft Phyli~ian provided for all that need. Opor~et compl1tt & commlttri doilrinl1m pro virillm qlla-

, /I/at~, & bHjll(modl qlll non poffunt cllpere [ermono» de caj/itate cOl1udm

In tem.l. Ij. nllptldl, Iaid S. Cyril, Every ones ftrength mull be meafured, and (0 fit our

dodrines

L.

in Canons and Cmlitres~

,337

doCtrines to their proportions, and to grant marriages to them who ca~not

receive the word of Continence. And therefore what S. Auf/in Iaid of Lib: d;agoii. Widows may be exactly applied to EcciefiaJIics, 'There are lome that c..;tnrraJan. thcl1l.1dlllterollS if they marry, and 10 pretend themfelves pllrer then the do- "P'l" t!rine of the Apoj/le, who, if they would confeft their name, mundanos potius

[e quam mundos vocarent.. they would prove to lu fervllnts oj inltre{l rllther

then ofpllrity. For they compel the Widows [the Ecclefiaf/icsJ to fllrnings,

becdnJe they f1ljftr them not to marry. But we are not to efteem them to be wifer

thenthe ApD/lle Pall I, who (ailh, I had rather theyJbouid marry then burn. _

And like to this is that ofS. Hierom, Si qllis confideret virgincm {tltlm, i. e, Ft'" J0710; amem fuarn, lafcivire 6~ ebullire in libidmem, nee refremre fe poteft, dllple~ I - I.

illi incnrnbil necejittH ,.lIIt c aplendlt con]ugrs,ltllt mendl,He that confiders his

Viroin, that is, his fltfh, and obferves it troublefome and boyling into de-

fire~ Itnd C~flml refrain himfdf, hath a double neceflity upon him; either

he ~ult take a wife, or he muf] perifh, * And therefore they that pre-

tend the gift of continence is in every mans power, Ihould doe well to give

God thanks that they find it fo in their own, but yet they fhould alfo doe .

well to believe ?thers who complain ~hat the~ have it not_. S. Bernard's ~~r~~::::~.'d wifh was Iomerhing to the fame purpole of charity and fecurity. Utmam fjllt '9.

rMtilllre non valellt, perflctione temerllrie profittri,4111 calibatlli dare n6m;na

'lflrmn/IIT; ji.mp/IJo[a fiq"id~m turris efi, & verbllm grande, qllod non omms

{'plrC po(Junt, I wifh that they who cannot contain,. would be afraid to pro-

leis perltdion, and undertake ,lingle life : for this IS a ~oltly tower, and

aareat word that all cannot receive. vElleM sylvllls havmg gotten a Lady Epij\, Irwfrh child to his Father that was troubled at it he replies, in fua pOftflate

lion Ilife I:' vir lion e(Ja, he could not help it: and when origm. had re-

folved to live continently, he found no courfe but one would doe It, even

by making it impoflible to be otherwife I and he was followed by many, pmicularly by the Fa/efti : and Leomius, who was afterwards chofen Bp,

of Antioch by the Arrisns .having a woman in his houfe.one of the fJ'WJ""",<1 ••

of which I fpake before, being commanded. to put her aWJY, emafc~lated

himfelf that he might have leave to (leep With her: but that uncharitable

folly produc'd a good law againll: ir, For what chaftity, is that, or what

fer vice of God is it for a man to offer to God a lingle life when he hath

made himfelf naturally impotent ~ It is (that I may ufe S. BaJil's expref- Et",m, lib'? lion) as if we fhould commend a horfe for not hurting any man with h?rns. demo Vlrgm. Bur I obferve it for this purpofe, to reprefent upon what terms the gift of

continence was to be obtain'd by forne who would fain, but by this act

Ihewed plainly that they could nor.

Propterealeges qll<f funt conlJllbia contr»

EfJe mAIM •.•••• prudentia p4tYflm

Non [ais advmit ••. quid '[erre recl/fllt,

f2!!.id va/cat Niltura p,lfi. Cervicibus (aiNnt)

Hoc infulwejugum noJlris imponm ChriJIlis Noleit, lfi/ld MUS quod adhllc quamplurima mmjlrll Fecit, 40 audac; dicunt pietille repertllm.

B'ptill.M,,,,, tuan, in vica Div!Hilarii.

And therefore thofe laws that command lingle life to tb many thoufands of Priefls, Italians, Spaniards, Frenchmen, which are none of the moll continenr nations of Europe, are afnare to chaCe that cannot keep them, and a

burden to them that would)'and intolerable to both. .So Qrigm complains ~~Mmb,,,.It.

, F f - of TO

Of the Power of the Church

BOOK 111'.

of fome imperious and imprudent perfons who in his time would be COmtnanding fin~le life and v!rgi~ity? Non [dem qu.£ docent non faciunt, fed tJt4dln crtldellter & fine mtjfflcord'd 11Ijungunt allis majora -utrtute ipfOrtlll1 non babentes raiono» uirinm ttniufmjttfque, They not onely doe nor \Vb: they teach, but cruelly and unmercifully injoyn to others things "reater then their firength, not regarding the meature of every one. -Fo~' it is a burden bigger then the weight of all the laws of jefus Chrifi put together, except to fueh perfons who are Eunuchs by nature, or have received a par. ticular gift of God; of which they may make ufe as they finds otller things concurring. For to be :!bIe. to contain is one gift, and to ~e willing IS another; and after all, that this can promote any end of religion is but accidental.and depends upon a fpecial providence and Oeconomy of aJT;lirs It may be ufeful in (orne times, and to (orne perfons, and to (orne purpoCes: but of it felf it is no all: of religion, no fervice of God: and that's the nex; confideration.

18, 3, The law ofccelibate is an unreafonable law.and befides that it coes

very much mifchief to fouls, it does no good at all, For if lingle life havt in it any.g.relter purity or Ipiritualiry then chafi marriages, yet even rhn lingle Iite IS more acceptable when It IS chofen and voluntary \ and itit be involuntary and conflrain'd, it is not pleafing to God: [0 that the!Jw:n this cafe does effell: nothing but this, that they who are willing may loore fornething of the reward, or may be uncertain whether they doe or no; and they that are unwilling are conflrained either to hypocrify,which will brin: them an evil reward, or to a burden and {lavery which Ihall bring then~ none at all. But that which I intended is this,

19. 4, That all this Ilirre is to no purpofe , for Virginity is not more holy

then chafi marriage, and the one does not more ad vance religion then the ether directly, but by accident, and ill [orne circumflances, and as an inIlrument fitted for ufe in it's own time. For as S. Allfiin obferveswell,

IJc -. YicgilLir. S. Paul does modeflly dehort from marriage, not "s from an evil, bitt as from c.16. a burden. J neither is his advice for all times, but for that prefenr neceflity , neither is It to the Clergy, but to all Chriflians , neither is it lor religion, but for convenience; neither was it from the Lord, but from himfelt, nothing of the Gofpel or Ipiriruality, but a matter of prudence, and the exterior conduct of affairs, For Til-"@.'; ,d/-,@.,and >t.9:7n d,...."'11({J., marriage is honourable, it is fo to all, and Inch mixtures have in them nothing that defiles, and he that is perfed in his confliturion, if he be alfo [0 much" Virgin as to have nothing that defiles.is a rare perfon, but it may be g,)t to be found; but if he be.yer he does arrive but to that flare of things in which the married man is, even when he does adually ufe his greatefi liberry , he is d,...."'IT&, undefiled. Which thing if the zelots in [orne of the fide ages 01 rhe Church had rightly obferved.they would not have been (0 fierce for fingle life upon the account of heretical principles. For they did it becaufe they [upp.os' d marriage to be a pollution: and if they did not expre [sly condemn It upon tim fiock, yet they fecretly fufpected it, as not being confident of the truth of the Apofiles words.but fuffering them[elves ~o be. a lit:le abus' d ~y heretical fermons, though they did not openly )oyn In their communions and profeflions, The Council of Gangra notes [ueh perfons as there, that refas'd the communion from the hands of a married Priefl , but in the fourrh chapter pronounces andthrma Jqainll:

rnem:

..

in Canons and Cenfureso

H9

them: and S. [gnatim faies that rhey who call the fociety of married pairs . j

wruption, and poUtll;on,.h~ve the Devil that greae Apoll:ate dwelling in Ad l'hd.d, phi them. For what fiate ot life can be purer then that which is nndefiled ~

~~d from whenc~ Ihall we take the meaf~res of purity but from the foan-

tarns of o~r Saviour, from the holy Scriptures, the Iprings of [alvation~

But .to. this the firll: ages of the Church gave apparent wiruefs, Perfra;

chrijlw'JI e~ltnt. "'ku~t, c9ntrAh"nt ~atrimonium, faid Clemess Alexan- Lib. 7. Strom. drmm, Perfed Chriflians eat and drink and make rriarria"es: and there-

. fore the 'Telt.!.,U',; jie.~t1,>1.", the perfell: Ilate of Orders is ngt at all impu"-

. ~ed or,~iminilhed by n;ar~iag~. Soz._omm t~ll~ ~fBij]l~p ~piridion, ''}ivi1o ~') .

H~ "''Yp.''1.9,', ')«/-,illuJ ~ ..... ,,/' .. , ',1:"', ~ • """I'fo 7.'10 'Tti. ,/},ii", ~"p(d', Lib. I. C.II. He was. a plain .man! ~e had wife and children, but not at all the worfe, nor

at all hindred in Divine things, The [arne alfo is [aid of Gngory Bp of NaZianZ-lim the Father of,S. Gregory the D.lvine, and S. B4{it, Etfi ma;r;-

",onto F -umxtr; Ita tamen in eo 'Voot tit nibi! !roptered ad perfeBam virtu- "reg, Naz. ttm sc philofophiam cMfoquendam impediretur. !:-I; comported himfelffo verb. ex"~nl1 in rhe Ilare .01' marriage, that he was not at all hindred for obtaininz the Volarerrani, p:rleal~n ot v~rtue and [Chriitian] philor~phy.' and indeed what Ih~uld

hinder him ~ for marriage does nat. Matrlmonttlm no» filum nibil nobit

objlat ad phdo[uphandum De~, fi 'l_'oluerimus ejJe fo~rii, Fd &- magn4m adfITt s. Chry(oft, eonfolatlOl1em: comprtmlt emm tn[,mum n,tur£ tmpuulIJ, nee turhari /init hom,,.. in quafi.Marr, fed r.lft.clutt (ca!h4 feliciter In !ortum I1ppellet \ & ideo Dem con. Gen, folallMcm /1",,& trl6uttl;uman~ gemri, _For if men will h~ fiber, I1mridge is

Tlot onely no hindrance to Chrij114n phtlofophy, but alfo br11lti great aidi and

(ol/lf~rt. Forit reprelfu the mad violences of nature, and CAuFs that we he

not troubled liKe the enraged Fa~ but makes the veffe/ arri7le [afely to her port; andtherifore G,d hatbgl7ltn this ,omfm to mATi/lind,

10, Foralthough it be true that, as S, Paul Caies, the Married cam/or

the things. of ~he '!"ld, ~he Unmarried forthe things of the Lord I He,how he' Cor. 7· j1. may pleafe hIS WIfe, rhlS, howhe may be holr both in body and in [pirit!

yet tlll~ IS [0 fa~ fr?m dI[parag1Og holy Marriage, or making it lees conti

ilent WIth thedrgntty and offices ecclefiaflical, that ill the world there is DOe

a greater argu'!lcnt to th: contrary, For .confider where every ones trouble. ~ndw~ere their danger lies, The Married hath more neceflitles and more

affairs 10 the world, and relations to look after: which if he well provides

for according to his power, he hath indeed Cuffered [orne fecular trouble-

but be hath done his duty, & he is fafe, But the unmarried is alone & with~

OUt thofe relations \ & therefore they may if they will let the thi~<>s of the

wo~ld alone, an:! mind the prefene imployment which then was fhe mini-

lIe.fIes and a.ttendancies Evangelical. But though they have lefs care of the

!hrngs of thr~ wo-ld , yet their care which lies in another [cene is a good care

Indeed, but It IS very great and tender, and hath in it very great danger.

r: -plr/lII{ut grdves in clZlibe vita.. :;, AU(OD,

The U~m,arnedtakes Cart how Ihe may be holy or clean in body and Cpirit.

And ~hls IS a care not ondy of greater concernment then chat of fecular fupphes, but to molt perfons of extreme difficulty and danger. For it is

to n~ purpofe t'? be Ilnmarried, unlefs they remain fllre in hod, lind in Jpirit,

[hat IS~ be free !rom ca~nal defires as well as unclean actions: and how great

~ care IS requir d to this, I need not fay, becaufs all men that have tried

It know : but this care the Married need not know any thing of; far

they have by God a remedy provided for them, and they are in the holy

F f z fiatf

.~.'.'

., ·,1

."

OJ the Power of the Church,

BOOK HI

.

340

ftate of marriage, without that care, hilly both in body and mind , fo that' is eafy to fay where the advantage lies, The one takes care to a;oid wan~t the other to avoid damnation, The one hath troubles of this world th' other hath dangers of the other, The hardefl province which the ma;r' d man hath is how to pleafe his wife; but his affairs are fo weJl order'd the he hath DOt fuch difficulties to pleafe God as the other hath: which thi:;

I"(,,n, Gor~o, w~s long (ince obre~v~d by S, Gregory Nazianun, t,h~t indeed lingle life~ higher and better (If It be, pure an~ undefiled) bur It IS more difficult and more dangerous, a~d Mamag_e, ",:hlch looks not fo fplendidly, is yet much more fa!e,] But this companion IS tru~ between perfons married, and the unmarried that have the glfc of connnence I for even thar giftdoesno exempt them from great dangers and great labours, But if there bean t burning, if there be a fire within, it is ill dwelling in the houfe where the! is no chimny , for that the fmoak will fill every corner of the dwelJin"e and at leaf make a perpetual trouble, But between the married and th~ unmarried that hath }loc the gift of continence, which is far thd greatell: part of mankind, there iS,no compa~ifon at all, A~d therefore though in refpe.Cl: t? tha,t conjunction of affairs, to the beginniogs of a perfecuted religion, 10 WI~lCh many of them were to live an ambulatory life, and Cuffer the fpoiling ot their goods, and be thruft out of their houfes, the Apollle had great reafon to take care left by the greamefs and fuperfetarions of trouble theyfhould be tempted to Iorfake, and be vext OUt of their religion : yet abftrading from that confiderarion, the married eftate is much

In fun, Gorg6, more fecure for the Ilate of fouls, & pr'pttr fdm qll4 in nllprii; eft anim; tran'luillitattm (as S, Grrgory Nazianzen affirms) and for that peace of mind which is in chaft marriages, and is not in the flare of finale life with them who are perpetually fighting with 2 dangerous enemy" who is not alwaies refifled, and if he be, is not alwaies put to the worft, ' And there-

Strom",j' fore it was rightly ~bferved ofS, CIt men,s A!rxan1r" A's [finglt lift,or] Contmence,fo Mamage alfo hatb prop:r gifts and ~mifltries which pertain unto the Lord: but at no hand ought It to be admitted that marriaae does hinder the fervice of the Lord; it fers it forward very much but hinders nothing; it may be burdenforne to thofe who are to travel ~nd pafs from country to country, but to them who fix in a place, and who attend the minifleries of one people, it is no hindrance; and then [0 the dired fervice

• Inter .1i.pift. of God in our perfonal piety and Ipiritual fafety it is a very great advan~~r;~~~~ '9, tage: concerning which who pleafe mar read S. Gr~gorJ concerning his mother Nonna, and the Epifilesof Paulrnus" concernmg Amanda the wife of Aper, who were to their. husbands admirable advanraees bolh in the affairs of the world and of reli?ion. SanctiJimm SA,,!ud filios genuit.' OM tsmen JliffltM fU4mtrttaml1lult, Zteharlll4!a&trdos nnr } IIJhl4inIt11ellutt[ud

Cu& v«. & genII it filiu~, !!l.!!a trgo ratione acc~fatllr, qu~d minime obeffe probatllr? K r <11, qu, fo 5,.Allftl1l, To which adde the inflance or S. Chryfofto1iU upon rhofe "7. words of Ifoi~ [I Iaw the Lord,] ~i; ijla loquitur I Ifai," iUtjfellatorclZlt.

fl.lIIm SeraphIm, qUUIITI'I con}lIge eommereium habuit, nee tamell extinxit gr4· tJ4,,!'. Samlttl·the moll holy Prophet, and ZUhary that jull Priefl, and Ifau,h that Seer who faw the celefhal Seraphim, were not hindred from their greatefl graces, favours and perfedions by the Ilate and offices of marriage, The event ofrhisconfideration I reprefenr in the words ofrhe fame excel-

In 1 ep, Tim. le~t ~oCl:or, f2!!4mvi; n,up~i4 plurimumdijfi:lltrJtil i» ft habeanf,ita ta~m .homrc. af!umtfO!{unt lit perfol!ml- VitA. tmped,mtNto ne» jint, ThoDghmarnage have Ullt very much dIfficulty (18 re[pea of domeftic·cares) yet it may be

\ . fu

\

\

\

\

CHAl>;4- in Canons and Ctnforef.. 341

Co-;"dertak~en-t:-;l-I~:-t -:-it-:m--a-y-;-be::::'-n-=o-:-im-p-e-:,d::-im-en-t-. t-o::"a-:I::-ifi-::e-o-:f:-p-e""'i":::fe-:a-:io-n-· ,-F-o-r~'::":'~even inrefpect of fecular cares andmtngues ot bufinefs the finale life! whiCb

feems in this to have advantage, is not alwaies found fo inn~cent Ind dif.

in tangled, and yet Iomerimes even in this very regard a married man hath

or may have advJntag~s and eafe and I!bcrty: Yidemm virgi1Ju de feeulo in 1 Coq, (ogltare~ 6- Matnmonto }ltJlllos Dominicts f!udere operibm,faid S.Amf,,,p,

Men ot Iingle lives take care for' the world, and we fee them that are mar-

ried ftudy the works of the Lord, And if it were otherwife, yet a law re comm;md fingle Ide were very Imprudent I unlefs they could Iecure that

they who have no wives fhall h~ve no c~ildren. But as Lipjim [aid of the

Roman ~ena[e, who forbad their fouldiers to marry, .I::1unone areebailt Ad 14, Annal, lUf,tlOIJ II renere; Rom~IJI.,letes, the Ro~an laws forbad ::lunD to them.not 0.74. 1'ollls,[or Contubernii mllltlhm [emper JUS, the fouldiers alwaies mishe

have women, but no wives, foit is amongfl the Roman Prelates too much.

but unlefs this alfo were Io denied them, that they could have no children'

or that they who have no children fhall not be follicitous to raife a poo:

family, or to increafe a great, the law were very unreafonable aHO this

y~ry ~re,tence, For that thin~s are ot~le.rwife there where lingle life is

In}oyn d IS too applrenr, and It IS complain d of by a Alvarus Pei,,(Titll 300 .

"0 db pi ti d d i . .') a hb,d,PI.t.au

years"o e, an y .~ mil an c Bonaventure, an It IS notorious in all EcM, a.arr.

the Popes I ~lvers particulars of which in the inflance of Sixtll4 quintus are '!,A,D,rll., to be fern Ill. the excellent d Thllanus. I end this confideration with the b rn !2han, 16,

11 d f' lo! .n '" 4.d""'7, art,

exce em wor. S,O Sa V/~II, Nivum prorJu~ eft eonwrjionis te»UJ : lieita I.~, ;.

mil [scient; illicit« commlttunt, Temptrilsi a Gonjllgio & nOli tempe,allt J d~H1'lib'loo, "plna. /:tJIid agis jlllttll perfuafio 1 peceata interrlixlt ,DelH non mlit,i1lJo- c!.ib,r,d;:r<>-

»i«, This is a new 4nd /I ftrange killd of conve!{ion, They fPiU~ot dodawflll VI enr, I.

thmgs, but the} commit unldwflft : they abjlam from marriAge, hut T!# fro;"

raflne, 0 ye fools, why m ye [0 !(ffR/add? God hath forbidden fins n,'

1IIarrr"grs, ' •

:1, Although thefe confiderations 3~el f~fficient explication of this in-

l!Jnce of the Ryl,e, a~d venty the firfi mtennon, that lingle life· ought not ?ya law to be IR}oyn d to anyone order of men; yet becauCe the inlbnce IS of great concernment be'yond the limits of this Rule! I adde thar the Apollies and the fir~ ages of t,he Churc~ not onely forbad that the Clergy lhoul~ PUt away their Wives, our left It mdliferent for any man-cr anyorder of men to marry: and therefore that it ought not nowro be done by the prefent guides of Churches, who have leffe reafonfo to doe; and if t~ey had a greater rear on, yet they have a lerre authority, But Chrift and his A pomes left it free, Of this betides the matter and evidence Of fact [here being no law of Chrift or Canon of the Apoftles. to reflrain it bu: a plain fuppolition ot Iib,erty, and intimation of the thi!i~done· j~ the

Epiflles to TImothy and Tlt~, there needs ?O other tcfiin'loliybut that of .: ..

Cratlan, Copul" [acerdotdls, vel eMfanguIfI(orllm nee l(tali ·11(& Evan- . ..

gdid, nee ApejMic/l Iluthorifllt( p~ohibetllr, Neither ·theOld Tcftamtnt ;~:.. ·~CJPo. nor t~e New,nelthe~ Chnft nor his Apoftles have forbiaden the marriage

of Pne~s, To .whlch ag,rees that. of Pa1l0rmit4n; t,ntillentia 1I0fltjl de de Cl"ic.confubJl.antlil ordtnis ,nee de Jur( Dl'IJlnf, :r 0 contain from marriaoe is·not bf jug, CUID oHm,

DlVme appomtment, nor neceflary to them that are in holy Orders.' :'~hll . .

fame alfo IS affirm'd by ""tolinN/,as who pleefe may feemfuml1la, 1",ilj; 111,1.(.'1. : ::( .: -.'iJ'l:

I

,J -,') ,f(

F t 3 Now

.;;1$4

,it·. 'If"

Of the PO'RIIT oj the Church

BOOK Ill.

u. Now t~en nothing ~~ns t.o be conlidered but the practice of [he

Churcb, which how far, e can oblige, I have already difcours'd : but fu pofe it mig.he il_l other cafes, yet for the reafons above defcnb'd it ought io b~altercdin t~15; for If f~ch a.law may DOt bind, much lelfe can the prathee; and yet If the prathcemlght, her~was no Catholick practice, For as

dillinll. 11. f~r the whole Greek Church, the pra~lce of that is drawn into; compell_ e.Aliter. "'~'" by~opeSttphtll. AI,ttr ft. orm#afillm tudltlo babtt Ecc/(fi4mllJ, "lllt~ h"l~s S.R. EuJefi": Naml.U~rIl1ll Silcer"otes, Ditlconi & SlIbdlJCOJlj "",,,,,,,01110 cop"lalltur. The tr4altlon of the Ea./lern ChliTChu is othern';i' thm thilt 'l,he R~man c_hHrch : For their Priefls and Dr4(011S and Sub-

. tleilcolls 4re lIJneJ In m.rrtate. I Ihall therefore adde no more to [his con.

d"! .• 8. "p.g. feRio'_' but ~he C~o'_' of t~e Council of Ancyra, which orders that if DeJ~ons In their ordination Will profe~e that they cannot contain.and that tlley intend to marry, they may. But If then they profeffe orherwife and doe again~ their pr~fdlion. they mull ceafe from their Minill:ery. 'And [he praaicels to. this d;y,that the Greek and all the Ealtern Priefls jare if they pleafe, married men, and moll:. of them actually are fo : though in the EafternC~ches t~ey: always did exhort their Clergy to continence, yet c&ey left It ee their liberty, and they always took it.

~3. In the Latine: Church,from the time of Pope Siri(iN6" and the fecon!

Council of Arles, which Binim makes about the fame ti~e at the end of 'he fourth Age after Chri1l:, there were fome canons provi~cial injoynin~ ftngJe life to the Clergy ~ but the pracace was ever ~gainft the Canon: and as for the ~rll: 400. years or thereabouts, all had liberty to be married if they pleas d, fo even afterwards they would take it, as they faw cauCe. This we find in S. Hier~, who to 1.1YU~ni6n, objeCting the marriage of

SIIIIJuel, anfwers, t~at tbis was ~o. prejudice to the honour of the virginftat&, qU4fi ~on hoaze quoque ~luTlml ~a,eTdow habeant Matrifnlllia, & AP,. ft~JIIS Je[e"bat 1!piftoflllll "nt~S "x_orH '11lr"m ; ] for the Apoftle deCcribes a

.BiIhop the husband of one WIfe, and even at this day molt Priefls arc married •. S. Hierom did not conteid that ~II Prielts ought to be virgins I but that If [hey that could coaram, would, It were much better, But by this.

:: O!c.lib.,. the matter of f~a ~gainft the law. was eyident. s. Am6~'ft tells that in

p. mcl_l ~e~Ote o~ private: !=~ur~hes the Prlefts did ofe marrrage u» p/rrih.e ui",m6114 "efl, ell!" mlDiftt~'tI", germ~' 'fI~J et~Am fMerJ~tillm, fili~s j.f tepmmt. The clerical marriages were 10 his time almoll: univerfal::md tliefcfGre many endeavoured to perfuade fingle life as much 3S they could, ~d from arguments ther came to affirmations, and fo to laws by little and little .; but did not prevail. For when PetTlls DAmian; was fene from Roml into :Fr.lI&e tt? perfuade the Priefts to put away their wives, they defended thcm.felvcs With the Cmonof the Council of T,i~Hrin GermAny, and with

,Cor.1.'. the words of S. PAul, T, ''111;'' forniCAtion,Jet l'IIeTy man ha'lll his wifl· to :::'~·:A~D. which tbe Legate knew not what to anfwei'. And when in the year I~74 1061. J?Qpe Grlg0'1 the fevellth fmt fierce letters to G(rm4111 about the fame af-

fair, the Arch- BUbop of Mtntt:., to whofe conduct the bufiaeffe was com~tCcd, did publifh the letters, but durll: not verify them; and neither by

A. hir means nor by foul coald caufethe Priefts to put away their wives. And ir"!~;;~" iD . .!nglMf4tiU tlie year II 00 it was not prohibited to the Clergy to marry, . fl1th~tlfl'.1 ofH_.ntitrga.lI:bnt thenAlIftlmt eedeavour'd to put the Popes ~:r' letters 10 execunon ;:md ~S' yeares after the Cardinal of Cre",4 was (ent A. D. m;:' over CO the fame purpofe: but becaufe he was taken in bed with au harlot, he

in Canonl lind CenjUytl.

J4J

he got nothinj but fhame and inoney,and fo went away: But ~t JaIl, after .

the attempts & prelfures and trranny aDda~t5 of ·0 1m, elli"". _ .... 1101"' .. ,dlt re. N.m ~nhundred and thirty years concmuance (for It be- ol!"'.Pwb}I'" folm"" .. !6~ Uli. u pr"",,-

. d was not finitl" d (11 A D ,ijltquondam,ump""./.ijl"Ergotibif<j11l1lt

ganm970, an .. Ie. I . n. 001. nU"'lu.mccl<br.6jrbollt/lum. Sicn.nnimilf ....

lloo,astfolydor VIrgil computes It)theCJergy \Vas ,tmd" fod vcremmHfutJllUlftolim non ",mo. drivel! from their chafi marriages., & they took themfelves to Concubines, t Lib. 6. Hi!!. whom they could change or multiply, and they found themfelves undiltur- Angl. A. D. b(d in that; and fo they refled, till God being long provok'd by their im- ~~ '7.q r, pureR Iervices, awakened Chrill:ian Princes and Prielts !nco liberty and ho- e'r· utk.:~ Jine~e and reformation. ~or ~mongll: the Can?ns which are called A po- ;, d~·fit:r;#~'r: ftohal, ·the Iixth feverely forbids Bifhops or Priefls upon pretence of reli- byrer, & Inncgion to pUt away their wives,] according to the words of Chrifl, whiIJ G,ie,nt. e. u"l"i. h.th j8']neJ, let 110 mllnl"t 4under; and the words of the Apoftle De- ~~'bum. !!de vita

.1 h.n: . b b . 'Q, one ate

frail" not Dntanot er,lI11 eJJe II e ., c,nfent,and/or 4 #I",t. And therefore "eric.

the Church of Rome, which makes orders to dilfolve marriage, and com-

wands Priefls which before were married to depart from their wives,fpeaks

and does againll: the pradice of the Ancient Churches, and agaiuft die de-

crees of Councils, and the Canons of the ApolHes, and the ezp~elfe lawl

of J efus Chrift. I end this with the faying of thofe in MllmllM,

Tlltills tfle 'liD/lint qllA leK Di'll;lIa finebM

l{[e 'iliA, 'IIeterllmqlll fe'lili 'lIefligill P.tINlm, !2!!oTllm vit« fuit IIIeliorcflm fMjllge, fum 1'11111&

. .. N,jlra fit txc~"fis ,h.14mis t! coni"!is 11[11.

The old pnminves and holy Bifhops and Prlell:s In the lirll: ages liv'd better with their wives, then now-a-days they doc without them ~ and therefore it were better to tread in their footfteps, and to "alk in thac way to

which we are pointed by the law of God. .

2+ One thing I am to adde which is of material confideration, For every

oneobferves in the fiory of the Church, that even then when they did permit the Bifhops and Priefls to live with their wives and to get children,yet the Church did even then forbid Bi!hops or Priefts to marry after their Ordination; and therefore many fuppole that wemight at leall:comply fo far with the Catholick Church,according as it is fet down in the conflitutl-

ODS Apol\olical attributed to S. Cllmtnt, Non licere 411tem iu,fi ,#orJiIl4- lib. 6. con!!.

. 1I0llem fine uKore /umnt,ad nllptiM tr4nfirt: '1111 Ii uxoru habumnl,&lIm IIliil Apoll.e,p.'1. "c~njHngi;but they moll: be content with her whom they had at the time of

"their ordination , but after orders they mull not marry: and Paphnutills in theNicme Council,faid that they did not doe it,and left it as fuppos'd that

it ought nor, Of this I doe not know anyone that hath given a reafo~ or conlidered it apart to any purpofe \ and therefore it will not be ul'elelle or unpleafant if I give a fhort account of it.

21' I. Therefore the Primitive Church chofe her .Priefls and BilllOps

commonly of great age, of known vertae and holinelfe, They were defigned to a publick and dangerous imployment, for Iome whole ages they were under perfecution, :md the way of the crolfe was a great delete!")' to Belli and bloud \ and therefore they might the rather require it of them whom in ehefe difpo1itions they found fi[ to be taken into an imploymenc which would require a whole man, all his time and all his affeaions. Now if we confider dut the married Priefts and Bilhops were commanded to reo tain their wives, and the unmarried had been tried to be of a knownaad experienc'dcontinence, they might \Vitl~ much reafoD and great advantages

Ff 4 require

Of the Power of the Church

BOOK 111.

344

requir~ that they th~uld fo !emain \ that is, t~ey might ask their ConCenr and ml&ht truft their prornife e for here was liberty, and but little dinger:

The Pnefis were few, and the unmarried much fewer, and their age comm~nly [ucb as was pall: dange,r" and the publick affairs of the Church requir'd It, and the men were willing ; and then all was right.

a6. , 1. The Greek ~~urch, ~nd g~nera~ly the Churches of the Eafi, did by ClIftome and tradition oblige their Priefls to lingle life, if in that flate they were ordain'd, becaufe they took care that if they could not contain they Ihould take a wife before their Orders, immediately if the,! pleas'd and then enter into the Prieflbood.as appears frequently in the Greek IJ\\'~ and Canons, and particularly in the third Novel confhrurion of the Emperor Leo the fixth. So that this was but a circumllance of IJ\V, introduc'd for that which they apprehended to be decent' and in mattm of decency 0linio»;s the onti] mrdjllre. But if they might marry immediately befor~ their ordination and live with their wives, then it is evident they did not believe that either ~he,offices or the ll:,at,e of ma,rriage were againll: the olli-

in quodlib, ces and ftate of Prieflhood, And this IS affirm d byeaje/tlR, Nee ordo ill ::~,L",b'- qualltum ordo, !lU ordo in'l'lantlll» perr, eft impedifivlU Matrimonii Ktither the order nor thr apptndant hoiinejJe, that is, neither the office ~or it's decency,are impeded by. hoi] marriages.] And therefore he addes [th,1t it call !levu be prov'd b] re.lon "b.y allthITit], that if a Prirft dors Contr"OllW_ riAgI, he dees abfoluttlJ jill ; becauJethe Priephood dm 1101 di(Jo/ve the MarYl4ge, whttber contraSed after or before; .flando talltuM in iu qu~ hahemll! a Chriflo & Apoftolu, that IS, if JIIe Imp OHr fll'l.'ts within the limits of chrijls Commandements, ,lid the dollrille AlofloiicAI.] And that's well en~uah'lor if any Church or all Churches did otherwile, the Cuflome was no~ a~od for many reafons I it did di!ho~lOur to marriage, it made it to be ftcreely Cui: petted of fome uncleannelfe, It gave too much countenance to heretics who ~ifp.arag'd it, ~t maces fnare to thofe who promife~ conrinence and found It difficult or impoffible, and at laft It came to all Intolerable mifchief in the Church of RIme, it brought in divorces, which God hates. for thev teach, that, Orders does dilfolve Marriage, and tha~ which Ch:ift andy permitted in the cafe of adultery, they command in the cafe of ordination.

Cap rc,

17. 3. But becaufe there arefome perfuafions that will not be mov'd an-

lelfe they be Ihewn Iome precedents and practices of the Primitive Church and, will always fufpect it to be ill for the Iuperior Clergy to marry afte; ordination ,unlelfe you can tell them that [orne good men did fo before them, for they rely more upon example then upon rule; therefore I Ihall ~eprefent ,that although the ancient Canons and practices did generally inJorne t~elr ~Iergy not tO,marry after Orders,(before orders they might) yet thiS thing did, not. preva,ll, ?ut DeJco~s,~iefts and Bifhops, good men and orde~ly,did afte: ordination ufe their lib,er~y, as they found it necdfary or expedient, This I have already remark d II!. the cafe of Deacons who are .perm~tte~ by the Council of Anc]ra to marry after ordination: if at theIr ordlnation they will not profefle continence. But Bifhops and Priefls d.id [0 too: which is plainly gathered from thofe words of S .• 4thallajiss to pr':cQntilll,who refus'dro be made Bifhop becauCe he impertinently thought It wa~ not fo fpmtual a ftate as th~t of Monks, fince he f~w the Bifhops married men and full of Iecular affairs: S. Afban"jitu anfwer'd him, that he

. ~~

~---i-;Ganons and Cen(ures. -_.

rni"ht be Bi010P for all ~hat; ;nd keep o~ his way. as he \'v-a-s-b-efl-o-re-: -fo-r-if--th~ did hinder him, he let him know, that all Bifhops did not enter IIItO

the married eflate, nor all Monks abfr,lill. MlIlti qlloqlle e x Epifcopis Ma-

trimoni" non inierunt « Monach! contra llberorum palres fac7t jrmt, Many

BiOlops did not contract marnages, Now If none did, his anfwer to D_ra-

conlills had been morefull,and would not have been omitted ; b~t therefore

. tis manifcfr that In Ius time fame did. But eaj,odere gives an inflance 10 J

~ifllOP and Martyr that took a wife but a little before his Martyrdome, Eu- Trfparr. hin, {y6hius of C,efar~.t in Cappadocill.ln iUo tempore [erun: Marlyrlo vitam ji1l1~ lih. e.rap 14, ~irre Eupfychillm e£(amn(em,duc1a nllper IIXOre{lIm adh'le qll4ji j}on(tlf efle

".!jdmlflr• He was firf] a Priefl 111 c4area,but~trerlVards he was a Bifhop ,

and fa he is called by S. Ath.f1I41IS, who mentions Sylve{frr and Profogenes . , Bill10ps of tuet», and Leontius and E~p[ychi/lS Bi!hops, of c "P?adocia,. of ~;::~~:"I .. which e.tj,tre4 was the Metropolis: ThiS Eup[ychills having newly married

a wife, while he was yet but as It, were a bndegr~om, gave up hIS Iife m Martyrdome for Chrift. But [h,15 was no news In th,e Greek Church;

For Pope Strphm having affi.rm d that the ~reek Prietls, Deacons and subdeacons are joyn'd in marriage.the glofs faies, Mllitl ex hac liters d,xe- Dill.ll, c. rH/lt quod Orienlales porrflnt contrahae In fat"s Ordtlllblls, Man] from alirer

Ihe(c words have affirmed that the Eaflerlings can marry in holy orders, And

it is alfo added by the glofle upon the fame difiinttion, that the. Greeks i~

their ordinations doe promife continence neither explmtl] nor tacltl] : and If

that be true, there is no peradventure but very many of them.marry after

their confecrations. But becaufe the Larin lawyers and Canonifls are none

of the bef] hifrorians, we may better inform our felves in this particular

from the Greeks themfelves : amongfl whom we find that for almoll: two

hundred years together after the Synod in Trlll/o, , the Greek Priell:s had

~fter their Ordimtion two years time for probation whether they could

bear the yoke of fingle life, and if they could ,not, they had leave to mar~y.

For although the Canons in Tml/o had permitted them onely to ftay With

the wives they had married before Orders,and commanded that they Ihould

take none after; yet the Canon prevail'd not, but the contrary cull' orne of

two years probation lafled till the t,ime of the Emperor Leo the fixth,as

appears in his third Novel conilitution before cited, The words. a~e th7fe, confuetlido qll.t in pr4entl obt met ; lIS qllll11 Malr/mama conIJln!, In alllmO

efl c01lcedit, ut ant~qlwn Uxorem daxerim , Sacerd9tes fm po(lI1l~, & demde bimnium ad perfimnd47f1 voluntatem )ll1Igl MalY/momo v,olentt pr£fiJtlllt.

They took their Orders fi.f], and then had tWO yea~s time to confider

whether they would marry or .no, Now this. being the cufiom~ of

the whole Greek Church in which the Blt110pS becaufe of the ordina-

tions were engaged, it is e~ident it was not il!egal or irregular, but an ap-

proved cull:ome of the Church.; though before t~e end of two hundred

years after the Synod in Trullo It was decreed agamfr ~y an ~mp~nallaw.

Whar became of it afterwards I have had no opport?D1ty to rnquire , b~t

I find contrary relations by feveraI perfons. That, which I m~ft rely?pon Ii

the relation of Erajmlfs, wh? in his Apolo~y agam~ the P4rifi4m Iaies that

in renic« he faw a Greek Pnell: marry a wife: and 111 the hiflory of :JOhilB'

ms MatliN! I find thefe words., Wilhelmi cardinalis frima c~ril& inte~tjd

fuit reuocsre SlIe .. as & Gothos 4 fchifmate Grrle_m ". qllod p_resb]t~r' & Sacerdow dllllis pflblice uxoribm cOII{en.fifJe vitiebantllr, Cardinal WIOlam endeavoured to recover the Sliedes and Goths from the fchi[m of the Greeks,

to which they feem'd to adhere when their Priefts and Bifhops did m~rry·

wives

346 Of the Power of the Church BooK 1I[

wives publicl}< By whiC;h it, appears the Greeks did ~ lin';;-ch ~Ch~l:i ,by fo doing comp~led with them. And the Metropolican of Rtifli; 10 Slgifmllndsu Baro cals It a great error and fin in the Roman Ch I that they rejeel: the PrieRs who marrr: wives accordins to the ,ure I,

B h ' c. h ,D' J\Vs ut t e matter IS not great; lor r e C urch might doe what they " •

~~b. I~

:tB. But in the Larine Church it will be harder to find examples ofPriells

marrying after Orders. Not but that there were very many chat did, b that ~hey durfl not be known to doe it. But yet fome notices we hav: e uc '7 g I.eap, of this alfo, FO,r Pope1nnocentiu~ ~he fecond obferv'd that every whe~~

ut lex. Buhops and Priefls, and the Religious profeffed did marry wives aft

Epin, '00. t~ey had purpos'd the contrary, and by a Decretal reflrains it. And 1::

Bithop o~ Chartres tels of a Prelate that had two harlots; but (as it fhould Ieern) bemg welry of that life, he prepar'd Matrimonial Tables for atb' "

fpill, '01, and he tels alto of a Can~n in the Church at Paris who did aetual1y ~~:

, traet mamage) and ,the Bifhop held It rate and firm, that it was good and

Ep,U, l1l, ad could not be dllfolv d: and we find that V£nM4 sylvlUs being conCult d i~~,~;", by a Prief] that was in the fnare , he advis'd him atiually to take a Wife and marry, For what ~oul? hinder ~ The law of the Church was an evil ,!aw, made by an audlomy VIOlent ~nd ufurp'd, infufticienc as to that charge, It ,was not a ,law of God, It was againfl the rights and againfr the necellilles ot nature, It, was unnatural and unreafonable, it was not for edification of the Church, It v:as no advantage t.o fpiricualliie : it is a law that is thereforeagalfl~ public honefly becaufe It ,did openly and fecretly introduce diehonefiy ; IC had not\ung of the requifires of a good law, it had no confideration 01 humane fr~Llcy nor of h~mane comforts, it was neither neceffary ~or profi~able nor innocent , neither fitted to tim~ n?r place nor perf on ; It was no. accepted by them that could not bear ir, It was complain'd of b! che~ chat co~ld,; It was, ~ever ,admitted in the Eafl , it was fought a~atnrt and declaim d. and rail d at in the wljI, and at lall: is laid afide In the Churches (eCpeCl311y) 01 the Nurth as the moll: intolerable and mofl unreafonable tyranny in the world ; f~r it was not to be endur'd, that UpOIl rile pretence of an unfeafonable perfection fo much impunty Ihould be broughe into the Church, and fo mallY fouls thrull: down to ~el'. ,And ther~tore when the Latine Priefis faw themfelves fo horribly

, mCna,r d, they did fecrerly c~rrode the net, which openly they durll: not

lJb,7, d'lufl, tear m pieces. And the cafe IS clear. Dominicsu.i Sot» obfervinz that the !~~r,c~, 6, Church did not for a long time per~it Priefis to marry after Ord~rs,argues thus, ,TheChupch admitted mal'rI~ men to be Priefls, but did not adml~ Priefls to be married men, meaning afterwards: which thing (faith he) rehe~ upon no other reafon but this" Becaufe they fuppos'd the ufe of the ~arnage-be~ to be inconfiflene with the office and dignity ofa Priefl or Bifhop, For If they who were B!lb0ps and Priefts might ufe marriage, what hinde,rs them but that theY!l"lght after Ord~rs, enter upon marriage ~J That s his argument_, To which I reply, That It IS rrue.rhe Church,which was .emIl/a contl1lmtu, ,dtfirou,s to p~omote cOTltinence, did fet it forwards wh~re the thought Ihe might With [atety, and therefore injoyn'd her Priefts,

].nini.1n.Nov, which a~cl,ently could ~Ot be ordain'd till they were almoll: 40. years of age, "J,C3P, J 1, to,remamm that flare in which rheirordination found them: though even this was a Cn,are alfo, and could not be, obferved, and was not (as I ,have pro. ved) yet this was not becaufe they difapprovedrhe conjugal Iociery , for betides

CH.-l.P+ inCan01JJ and,Ctmfures.· 347

beJides that the Scril)[U~~ gi~s ita title of l"'"lo-n":'o-u-r,-an-d';-ca-;l7'"ls"""i-t -pu-r7it-y-;-o-it--=-":":'was alfo declar'd to be chafliry in the Ni~rne Council, who did therefore

leave married Prieils & Bifhops to the ufe ofit: and they who fpake againll:

theuCe of marriage in Priefls and refus'd to pray with married Priefls, were anathemadz'd in the Council of Gangrll, And it is evident that thofe who

were admitted in the fiate of marriage to holy Ordersdid '1Ia .. hm,i:v beget

dilidren. S. Gregory the Divine rels it of his Father, Gregory Nazianan,

n;Lt~" '" A;ov,&', vi",. ;;; 'PiAl"' ... , Da.t;,p 0' 7J'p,oC,;, 'TOV "Iov'

O~?'l":d 'TIio"~T"P c"f'N~Tfnx.(.(;~; CHI

~'Ow(@. J InA.:n :2r.J(;JWl' ffl-ol XfOI'O;.

Tlllt he (lid he had been in holy Orders longer then the age of his Con, ~nd yet he had alfo a yonger [on then this Grego7 ; for, C..jarius was his \,onger brother. Baronins contends fiercely againfl this inflance to coni'inee the Ion oi a POetical fiCtion,or an hyperbole, 01' [orne Other civil word for a lie. But let it be as it was; yet the thing it Celf was iafiuitely evident: for as FAbiamlS [aid, Bifhops and Priefls did for athoufaad years togerher in the Church live with their, wives, IIId/" lege _prohihmte, no law j'orbidding it, that is, no law in force; and the Council of c P, decreed,

si 111 IS pr41!mpferil costra ApoflolicOI C,lnUnCI aliquoI Preshyterorum &Dia- H"b,,", I,

. , '1.1, 'I / ' 'r: J I D,Q, ;, c,

(onorUIn prt'l'.1re ~l cont ac It ci" C()ml1JfItJIOrU ega rJ uxorts ,Utt, aeponlltllY, C Qucniam,

i,aga;n(l the Canons Apoflolical to forbid a Prieft or Deacon the contact '

and fociety ofhis lawful wife; and he that (hall prefume to doe it, let him

be depos' d. Now then the argument of Dominicus a Sot» is very good. hBifhops and Priefls might uCe marriage, what hinders them from con-

rrJ~ling marriage? There is noundecency in the thing, therefore no inc on-

Mency with orders, Since therefore it is certain chat the married Bifhops

~nd Priefls not onely in the Greek Church, but even in the Larine, in Ger-

m,u;y, in Fr ance; in E}~'{I,lJ}d, where they kept their wives in defpite of the

Pope tar a long time, did retain the liberties and Iocieties of marriage.there

on be nothins in the thin" that can make it unfit tar them to conrract marriages, to. \\'hOl11 it is fit to ufe them.

C3nn.dt:fui

:9, There is but one thing more which I think fit to be confidered in this

affaire.and that is, that there is a pretence of a I'OW of'Continence annexed to holy Orders; and tim therefore it is not lawful for Bifhops and Priefls to mmy, when they have vowed the contrary. ~ This indeed concerns them who have made fuch a I'O\\'; but not them that have nor, But who made it neceflary that perfons to be ord.iin'd fhould make fuch a vow ~ even they onely that made laws againfl the Clergies marriage; and becaufe they durfi not trufl the laws which they made, they took order that men Iliould be-

come a law unto rhemfelves, that they might be infnar' d to purpofe, This Alemd, j.cap. vow \I';lS onely introduc'd in the Larine Church, and injoyn'd to all her f'ned, Clcr. Clergy. , Injoyn'd, I fay? a~ainfi the natur: ofa vow, which ifit be not vo- ~fdnt(~j'''n, luntary, IS no vow; which includes defire in us very name and nature. Hut opu.c, torn, J, Orders.doe not include [his VOIV in their nature, and it were intolerable that tract, >7, men Ihould be torc'd from their wives againft both their wills: tlut's a per-

jeCl/tion, not an ordinstion, and it is fo far from being for the advantage of

the Church, rim it is exprelsly againfi a Commandement of God, thar

what he hath joyn'd, any man fhould feparate , and yet we find many in the

primitive Churches by force made Priell:s and Bifhops againfi their wills.

S. Augllflin

I

Of the Power of the Church

--~----~~----

s. AlIglI(l;n was tak.en at TlIgafta and made Prieft whether he would or no

but he wa.s not marne? 1 but a.noth~r g~od man was. Pini,tlllIs, the husband o~ Melama, was ordain d a~alnft his will and the tears of his wife. P,,"/j. nunus, the brother of S. llmom~was firll: made Deacon by Epiph,<nius d then mad~ Prieft, an~ they were forc'd to llop his mouth tliat he m'i!'h not deny It. And can It be thought that rhefe men did in this violence m"k t a vow of lingle life ~ or can thefe be fitting circum fiances for a vow _ B a I fhall not inlill: .upon the particulars of this : becaufe if they Ihould m~ke fuch a vow, yet If they found It to be a fnare, and impolIible to be ke r they ~ad not onely_leave, but ~ nece1Iity to break it. If the vow was ctn:

Ilrain d and prov d impoffible, It was the Iefs lin in the rakins and none' the breach of it. But if it was voluntary, it was rafh unlefs ~tley had b to fure the thing' ~ad been in their P?wer; and then if tt proves not to be ~~~

lib. "'p.lI. the f2ult IS not in the breach. but m the underr.aking. J!2.t!od fi perj(vtrm nolnnt , 'Vel !_'on pofJunt, ~el/IIS eft lit nubant, quam ut in igmm eleliciu [tlli cadant; certe ~uj1um jra!rzbus ant {ororiblls fc,sndalum faci,mt. So S. CYFrian advifes the profeiled Vlr~ms. IftheYfl"U JlBt, or cannot perfe'Vue, it U bmtr tbat they marry., then fAil .1IItD the fir~ lInd int» burning; onely let them tiw no

Heref 60, & [raNdal, meaning by their unchaft lives. And Epiphanills exprefsly Me/

Hzrcr.61 ,f/.l .r: ' .c I t: , filS

.• fJ• apjllm a CRr] II P" am I Ilixoremllcclpe~e fi.Ctlndllm legrs. If a rmn ha':e

~pill. ad Dr. undertaken a load tOO. eavy, and fals with It,. It IS better Co lay it alice, mettiad, and openly to take a WIfe. The fame counfel IS given by S.llierom by Llb.d'itono S. Auftin, and by Aifonfus rirwfius a Divine of the Roman Church 'T ConJuga. hi hI Ih II dd hi f . 0 & haberur dill. w Ie. a a. e not !fig 0 m~oll'n but this, That if the holy 'VOIV of

'7· c. ~uid.m. marr:age? appointed a~d confirm d and accepted by God, may yet be dif.

I'ens d With and annull d, mu~h. more may the vow of virginity and lingle life. ~f the adultery of the \~I[e makes the husbands vow and prornife [0 be void , muc~ more ~ay his own adultery or fornication make void his vow offingle life .. If tor the dilhonour of his houfe, and the introdudion ofbaftards l~tO hIS temporal polfe1Iions, he is abfol ved from his vows of wedlock which God certainly did approv~ and appoint; much more may his vow be aull when there IS dang_er or rume to his foul. A man may lawfully live w.ah a~ adulterous wile; and yet he may chufe, ana his vow does not ob!lge. him: but .he cannot fafely live with burnings, he cannot lawfully abide in fornication and uncleannefs, For Who C4» dmll wilh liJl e'Verlafting burning ~

It were not nnfea~onab!e to conlide~ the Ecdeliall:ical law againft the fecond marriages of Priells, or the ordainins them who have married the fecond time. Eut this alfo relying upon th~ humor of men, who will be more pure then God, and more righteous then the law ofChrill: and more wife then. the Apo~l~,. i~ maybe determin'd by the fame confidemions. The law IS. a fnare,. It IS In an rncomperenr matter," it is a reflraint of thar liberty I\:hlch Chrifl hath lefr, .. it cannot be fitted eo time and place, and yet remain a law; became there are fo many neceffities to be ferved, and Co many favourabl~ cafes co be confider'd, that the exceptions may be more then the Rule. It may alfo be confid~ed that to make fecond marriap~sacaufe ofirregulari~y,or incapacity of receiving holy Orders, is notrung but a fee ret accuf~tl?n and an. opc::n reproach [0 marriage; .. that ir

De ~Iono<!am. was not of ufe and avail 10 the pnminve Church Tertlloian witneffins

• apud.'VOJ dig4mi ubiq*e pr.tfidmt, in the Catholic Church Bitbops lwic~ marned doe every where govern; that Ciluterius a Spanifu Bilhop was twice married;

inCanonJ and Dm/ures.

H9

married; that S. Himm affirms that all the world was fullof [uch eirdiria- .

• tions not only of Deacons and Priell:s, but of Bifhops; and that he could Epill. ad reck~n fo many as would excel! thenumber of the Bilhops convea'd ill the 0,..". Council of Ariminllm; .. that S; Augufli1l had fornicated with two Ieveral women, and yet he was made Priefl and Bifhop for aU i:hat ; " and to deny

chat to holy marriages which is not denied to unholy fornications, will be

a doCtrine unfit for the honour of Chrill:ian a Ichools, aGiolT' In Difl. j4. (In. Fr,""nit" /",< • that the Iecond marriage is as holy as the firll:;" that "mexl:mui,. Ei,:c ,,["', "bipl", Jur;' /u. a: "d Ii . 11 "h . . I bl< lu,urt. ~uam .. ]IUM: q"" ra{l", reIt may be as necenary an as u efu ; t at It IS a - pdf",,,,, , Ii "","xill" ,urn (", ... t.;

ways as lawfull , " that the Canon of the Apoftle,that I,d. j<""iwor non; nde,riJm S. Au~ull. aBifhOp fhollid b~ the hus6411d of o»t wife, is intended .Epijl.6t•

aoalDll: plurality of wives at once, and marrying after divorces, both whicH I:ere ufual amongll: the Jews and Greeks an~ ~omaJis,a~d could not at firll: be taken away from the new-converted Chriflians, "that It was fo expound- •

ed by S. Chryfoft,m, Theodgret, b S. Hierom; and divers others, but efpeci- in~~umApoll. ally by the Greek Fathers; "that not onely the firll: marriages are blelled bad '0;;;0. by God, but the fecond and the third, as S. Anflinobferves;' that 5; cleo. to?"" '. miTIS of .Alexapdri4 affirmed, that J'1'}lLI'-I", ,i!;' fW.,,'_''';'''Y -e;l.Yof',9' ,;,l'Id L,b.j.cap •• , 'f{q) uuu"'i'E<,"v, dM."llf~ "" feud'®-, Digamy after Il 'VDW t~ the contrary U Inimgularity, not for the contac1 and conjunClign, but .f~rthelye; " that

the Church of Rome does without fcruple frequently ordain them' that have

been twice married, if they will pay the price appointed in the Chance-

ry tax,.as is witnelfed by one that knew very well; >I that if the ApoLHe had Spal at, I. ". forbidden rr bya Canon, yet that Canon did no !!lore oblige the defcending "P·IO. M!· ages of the Church then the other Canons which we fee broken 10 every

Church, according co their reafon 01" their liberty; " that in the Primitive

Church they were not very follicitous about the affaires of marriage, be-

CJUre they Iuppos'd the ~nd of all t~in~s was.at hand: crefe;tt O-1nultipli-l'::~'" ubi amini evaCtldvlt ex/rem/taJ temporu; that It was a blot I.n the face of the P Primitive Church that rhey would not bleffe fecoad marriagesj " that it

was moll: rationally and elegantly complained of by S. BeTllard ; • that fe- Serm •• 66, in

d marri li f . . b I "'f h C.ntIC a,

con marnases are not a Igne 0 mconnnence ut t ie cure, or I t ey

were a ligne" of an incontinent body, they are a fure figne of ~ continent

mind, that will at no hand 'admit any uncleanneffe," that a great Iiberry per-

mitted is infinitely to be preferr'd before a little prevarication of a Divine

law "and therefore that fecond marriages are to be permitted to the Cler-

gy, 'mher then evil thoughts, or the circles of aninward fire I ... that the prohibition of the ordination of perfons after the fecond marnages did

rely upon the opinions of holineffe that was i~ the ~cclefiallical order ab.ove

the lay purity, and the unhohnefle of marnage in refpeCt of ~ngJe life ,

• that in what fa ever fenfe the former can be true, yet the latter IS a branch

of Montapifme, and a product of the herefy of Tat"~an,!,; .. that Theodoret

did ordain trenet« that was twice married \ "that he defends the faa by the

confene and fulfrages of the Bifuops of phlElficia," & faies that he infill:ed in

the footfteps of his Ancell:ors, "& produces for his precedent;Atexand~r of COTJflantinopie, ACllciU! of Btrll!ll, and Pr"yl"s .of cAfilrtll~ who ordained

DomntlS after his fecond marriage; ·that tlie cbief of the Dlocefe of Pontlll

did Co, It and all the Bifuops of P .. lefline ; " that they accounted ![ holy~-

cord in" to the opinion and doctrine of their Nation, .. for fo we read 111 M4imo~ides, "Although a man have fulfilled. t~e precept c~ncerDiDg. the H,la,hlfhort "multiplication of mankind,yet nevertheleff'e It IS pr~rc~lbe~ In the.ray~ngs cap. 'I·

"of the Scribes that no man1hould 'eafe from the mnltlpitcatlon ofbls kmd, .

., Gg 0

Of the 1:Jowero! the Church

--------------~

BOOK 111.

" fo long as he-can well continue it;fOr whofoever fhall adde a foul to lfratt. "is like hi~ that buildeth up the world. And it is more~ver in the [ayings " of the wife men, that a man Ihould nor keep a houfe withour a wife left " he be provok'd by IlllV It may alfe be confidered that he that bur~ had better marry, though he have been already married, and though he be a Biiliop ; '" that the virgin or widow elbte is no where commanded, but that in Come cafes marriage is, as in that of buming , '" that in Scripture no cha, fiityor continence is requir'd of a Biiliop but the Matrimonial; ,. that AbrahAm the Father of the faithfull was married again after the death of sarah; '" that S. fofepb the Cuppofed Father of our B. Lord was by the Ancients faid to be twice married; .. and lafily, that it is confeffed that the forbidding Iecond marriages to the Clergy, and refufing to ordain fuch as have been twice married, is neither of the law of nature, nor anyar-

• tide of faith, nor any necesiry of the Sacrament; it is onely a conftitution

of the Church, which as the Pope binds on, Io he may take off as he • Quodl.4.Art. pleaCe,as is affirmed by 'AqllinM, b DHrandus, 'Gabritl rajqUtZ and others: 1l. and therefore this lawalfo ought to be cancell'd ;but ifit be not annull'J by !i:t ~~'q4;. expre!fe revocation, it is ~njufi, and unreafonable, and unn.ce!I'ary, and a .. in 1. p'''. fnare to confciences, and IS not the circurnfiance of a thing commanded rem. j. diLp. but of that which ought to be left at liberty, and therefore is no meafure 0: 14· cap. s· proper band of confcience I but to us it is an obligation neither in confcience

nor in law. But .

~IJntll.1n. H4' ideo'llolu; noft,is imexer« ,hartil, Utquotits Palrts •.•. ,otllnt

Sillt mtm"ts, mllgnD ad Itgts opus tjJt i(TemiM Ingmio, mllitis oculi!, n;a",inl re50.

I have given there infiances not onely to fix the ConCcience in thefe arm

inquiries, but by rhefe to explicate the mesfures of the Rule. ~

s. y.

Of Ecclefiaflical Laws of FA IT H, or Articles of confefiion.

R UL E X X I.

The Catholic Church is a wirnefle of Faith, and a record of all neceflary truths; but not the Miftreffe and Ruler of our Creed; that is, cannot make any laws of Faith.

I IN our inquiries offaith we doe not run to the Catholic Church defiriog

• her to judge our queflions ; for Ihe can never meet togerhenand fhe is tOO great a body to doe lingl e aCl:s and make particular Ientences: but to her we run fo~ conduCt, by inquiring what fhe believes, what fhe hath receiv d from Chnl1: and his Apoftles. So that the Authority of the Catholic Church is refolved into Catholic tradition. Whatfoever can be made to appear to have been by the Apoftles taught, & configaed to the Church.that

• lib. 1. Chap, is a law of fuith. But of this I have already given accounts". The Catho- 3· Rul' ,,,. lie Church, taking in the ApoftoJical, that is, the Church of all ages, is a

. wim(lfe

CHAP.4-.--

in Canons and Cen/ures. ,,)1

;i;~elfe beyond~'(ceptiorC- F~rif{]~eha"-v-e~t1'le~S;;-p-;j-;ri:-t' -of"' rG;-o~d:--, :-;;if:-;1h;-e--:l;-o-ve-_":_~__; truth, and if file doe not conlenr to deceive her felf, fhe cannot be deceiv'd

in giving teflimony concerning matter of faet and adual tradition: or if fhe

could, yet we are excufed in following that tefiimony, becaufe we have no

better, we have no other. Better then our befl, and better then all we

have, we cannot be oblig'd to ufe: but therefore we have the juflice and the

goodnefTe, our own necellity and the veracity of God for our fecurity that

(his is a Cure way for us to w~lk in. But ~hen when this is reduc'd t~ pra-

thee !II matters of belief, It will come to this onely, That file bears witnefle

to the Scriptures, that they are the word of God; but beyond what is con-

lain'd in Scripture, file hath no article of faith.

1. The confequent of this which I have largely prov'd and explicated in

the place above cited, is; that all her Sermons and all her explications of doCtrines mull be by that meafure, If it be agreeable to Scripture, it is that which file hath received.but it Ihe hath not received it,ilie cannot make adochine, nor deliver a propofition with authority 1 nor oblige the confcience.

j. But this Rule if it be underfiood of the Catholic Church of this or

anyone prefent age, will not lignify Co much: for unlefle the Tradition be delivered in a conflant fucceffion from the Apoflles, the Church is not a certain wirnefle, but makes her [elf a Judge of truth; which Ihe can never doe, but by relating to the Scriptures, by [hewing there it is, in the Code' which 111: hath received. But when any doubt does arife concerning any matter ot belief, the Catholic Church hath no folernn Court of judicature or place of retort where a lingle perfon may goe for deterrniaarion, And if a queftion be between Church and Church, as between Rome and England, the quefhon is, which is the Catholic Church I for indeed neither of them is: an-i there is no [uch thing then as a Catholic Church to determine the quefiion: as when the head and the belly, the mouth and the annes fell out, the whole body could not be judge of the controverfy ; but if they had had a rule, thither they might goe to be guided. And if it be asked, who 11111 expound the rule, there is no other anfwer to be given, bur. to defire men to be good and humble, to pray to God, and without partIalIty to defire truth; and then every man will be able to anfwer his own quefhon, For if the Rule be hard,it is hard to them thac are not willins and foft and compliant; but nor to the gentle and the humble.to them tha~ follow God in fimplicity and whitherfoever he will lead them.

4. But it is to be conlidered that the Church is a Net that hath in it fiihes . good and bad, it is a field of corn and tares; and but that the Apofiles Were guided by an infallible fpirir, there could have been no certainty: but then after them there was no more to be look'd for; what they left we were to ufe, but to look for no more. For the Catholic Church never was Iince the Apofiles time without error. By Catholic Church, I doe not mean the right believing part of the Church, (for in queftions of faith the difpure was which was the right believing part) but I mean all that profefTe the faich of Chrifi, who when they are divided will never allow the oppolite party to be their Judge: and therefore it cannot be fuppos'd that God lhould appoint one to be the Judge, who mufl always be fuppos'd a parry, and will never be accepted by the other, unlefle he had given infallibility to that one part, and we had all known it. To the Apoftles he did, and

G g l they

Of the Power 01 the Church

BOOK III,

they were the fountains of tradition: but when they were gone, the onely way that was left was to fee what they left, and to chat every part was to conform; but neither part was Judge, except onely for themfelves: and in this every part ought to be trufled, becaufe they onely had the biggeft concern to take care that they be not deceived. No man or company of men was chargedwith them; every Government was charg'd with it's own care and cond \let.

5, But I fhall not inlift upon this, becaufe it can be of no ule in the can:

duet of confcience, Becaufe if ever there be a difpute in the Church, there is no Catholic Church to which we can goe: and if we call that the Catholic Church which is the greater part, that may deceive us , for in the days of EliM almofl all Ifml had corrupted himfelf, and in the time of the Arrisns almofl all the world was Arrian ; and at this day a very great part of the Catholic Church is ftain'd with the horrible errors and follies of Popery: and befides our notices are Io little and narrow of the belief of Chriflendome.our enrercourfes fo fmall,our relations fa falfe,our informations fo partial.that it is not poffible for us to know what is the belief of the major part. It is not known at this day by the Dodors of the RDm4TS Church what is the pradice of the Greek Churches in the Marriage of their Priefls, nor what is their dodrine of Purgatory, nor of the procefion of the holy Gholl:, as appears in their difpures & contrary narratives of thefe particulars. W e cannot tell in England at this day whether the uthere» Churches have right Ordinations and perfect fuccefficn of Bifhops in their Churches. I have endeavoured very much to inform my [elf in the particular, and am not yet arrived to any certain notice of it. This therefore.co appeal to the renee of the major part of the Church in a que~ ftion, will fignify nothing at all as to our confcience,

6. Efpeciallyif to this we adde, that the Churches have got a trick of

Empire and impofing their fometimes falfe, and always unneceflary articles upon all of their communion; and then the faith of the Church will depend upon the opinion of the chief and principals: and then their belief will be like a rumour Ipread from a few mouths into the ears of millions, who.though they all tell the fame ftory, yet are no more credible for their multitude then the lirft reporters were for their authority. Nay in moll: places men dare not Ipeak what they think, and dare not believe what they find dangerous, and dare not inquire into what they dare not disbelieve I fa that if you had been at Trent and ask'd the Fathers, it would have ftgnified nothing: for whatever their belief was, they were born down by the Congregations, and the Congregations by the Legates, and the Legates by the Pope ~ and that's the Catholic Church.

7, It remains therefore that we are from the Catholic Church to ex-

pea no other determination of our queflions, but by conveying to us norice oi the doctrines Apoftolical. And this is often and largely difcours'd

• Lih.;. cal' 40. at fib.5 -, <.to.lib.4- op. and taught by a S, Jrt1wts, by S, Clemen: bin Eu[(' 6l, & 43· L.b. J.e.p. r z , c de Pra:- bius, by' Tertllilian, by d origm, e S. cyprian, f S. A· ""P" & comr, M.mon.1. f· dIn proem, h ,f. S .f.1 h . h . 'S H' k S I, ..... /IJ,)(. 'Epifl..dl'ompd. fAd t 4naJ'us,~ . B4]1,. Eptf ."mus,' , terem ; '

Serap.de Spir. s. g Serm: conr. S.b: & AItj1I11, and • rmcmtlus Lzrmenjis.- what they could ArFlum. b Heref 3[· '.Adv. LUCifer. derive from The fountains Apoflolical by 1 clear

k Ccenr, huft. 1I1a00,h, lib. ". cop. ,. h d . h ti d h

I C.p. 'Rtepenulr. cane! an conduit, t at was rft, an t at was true,

:\lid

.----.-_._-----

CHAP. 4. in Canons and Cen/urCi.

H3

and that was ' in the rule, and that was the meafure of faith. And therefore when in the Council of Epheflll the Epiftle of Calm/tIS the Bilhop of Carthage was. read for the. efiablilh.ment of antiquity, and the reproof of the new dodrines, all the Bifhops cried out, H4 oltmillm votes [lIltt h4t llImeS dic~mlll, hoc omn~lIm votllm eft. This was the voice of them' all, they all faid the ~am.e thing :. and what was that which they all affirm'd, 1Jifl fit qll9J ffal antlqllltus tratillllm, /tnent.r ? qUId adin'Ventllm Rllper. exploderetur? faith rincentius, that whal is ancient alUi al firft delive/ d that ]hollid ~e held; thAt fIIhkh is latel, invtfltetJ fblllld be exploded. Fdr the Church cannot determine queftions ~Y way of judament and authOrity; but by way of atteflation, and as a wlCnelfe cndy of the doCtrine Apoll:oIleal. T here is nothing elfe neceflary, and nothing tlfe is practicable, .

RULE XXII.

The Decrees of General Councils are of great ufe in the Conduct of Confcience, but not the proper mealure, or Iail: determination of matters of be .. lief.

''} Before * conlidered COIIII&;ls as they had acquir'd an accidental autho- *R. 1

rity by the veneration of their age, and their advantage of havin~ been "' If, held 10 the e!der a&es of the Church: Now I confider them in their own

proper aad Immediate pretence. I then confider'd them in order to Government, but now in order to faith: for Councils Ecclefiaftical. have pre-

tended t<;' a power over t~e confcience, fo as CO require both the obedience

of the will, and the obedience of the uaderftanding. Concerriingwhicb

lam to fay, tha; Nothing can oblige to Divine faith but a Divineautho-

nty : to wb.ic~ Councils can no more pretend for being General, then for

bemg ProvlnCI~1 ; and to which great affemblies have no other title or pre-

tence of promife then the private congregations of the faithful! who

though but two. or three, yet Jhall be allifted by the Divinepre[eace.' But

General C~unclls are fo wholly of humane inftitution, that though by the

dlthte of right reafon ~nd. natural wifedome they are to ~e conven'd ~ yet

[0 makethem a formal judicatory, and to give them alegtllative power or

a dominion a.nd .m~glftery 1U faith., there are. fo many condltions requir'd

both to their indiCtion and convennon, to thelr conlhtutlon and integrity

to their conduct and proceeding, to their conclufton and determination'

rhar men are not to this day agreed about anyone of them; and therefor;

they cannot be a legal judicatory obliging any but them that doe confeAt,

and [0 oblige themfelves,

:, But yet they a~e of great ufe for inquiry and confultation: and there-

fore Eufebl1l4 fpeakmg of con/JillJtinl the Emperour, fays of him, COn&;- Jib, ~,d, vica l,um gtnerale t~nqllA": Dei exercitum injrIlIIlJ,;n IIRllm 10&lIm cOlgit. AGe- C.nllanl,e. 6, nefal Council is God s. army; and being a reprefentative of the Church ill

[he fame degree as It IS, General and rightly called, and rightly order'd,

and nghtly proceeding, It partakes of che Churches appellarlon , it is M;tS

Gg 1 "dinMA

de Synod.

H4

OJ thePowcrolthe Church BooK 111

~-----=--~--~----------~.

Irdillat4, terrible 1M 4n army with banners. Let them be as many as it ha _

pens, ill the multitude of CounfeUors there u fafety; that is, they are m!re likely to underftand truth then fingle perfons, for they are not fo foon prejudie d and corrupted: as a river is harder to be poyfon'd or to be turn'd afide,then a pail of water or a difh-full ; but if it be, it is fo much the worre But if they proceed rightly they arc excellent helps, and fome of the~ have done great good to the Church, and fome have done great mifchief. and which have, and which have not, we are to inquire by other inllru: ments: fo that we are to judge concerning them, and then they are to be guides to us; that is, we confider which are fitteft to be followed, of which ~e judge by General a~d extrinfi~ confiderations, and then we follow them 1D the particular mqulry; that IS" we fol.low them bec~ufe we think thev followed the Apoftles,and were faithfull wimetles of their doCtrine.Which indeed is an excellent benefit which we may receive by the lirfi and moll Ancient Councils, which were near the fountains: they could trace all [he new pretences up to their original, they difcuffed the doctrines in their pro. vinces, they heard what anyone could fay, they carried it to the General affembly, they compared it with the tradition and doctrine of other Churches, and all together were able very well to tell how the Apofiles had taught the Churches of their foundation. And becaufe the four firfi General Councils did, or are fuppos'd to have done fo, therefore they have acquir'd a great, but an accidental authority, and are accepted by the mofi part of Chriftendome, and made into humane laws of faith, and the meafures of herefy, Sach ufe as this the confcience can make of the Ancient Councils; but beyond this-or fome fuch good ufe as this the confcience is at no hand oblig'd to follow their determinations as the fentence of a .competent judge, but as of an authentick witneffe, when it can appear or be credible that it can be [0, and is fo, And this was the very thing that S. Athanajim affirm'd of the Nicene Council, Sitluidem Niuna SYlfodlU no» te",ere hahita efl, III 1u£ hahtat gravijfimos uJm & legitimam wionem. The NiemI Synod was of great ufe, They met about the queflion of Eafler and the Arian herefy. Seain negotio Pafchatis non abhmumlnt ab iJlillfmodi append ice. I"~ enim ;/4cllit lit adlJmtur, r iJllm eft ut omnn 06- temperarent. De FIde ver» non fmpferunt, Vifum ejl ; fed ad iflllm modflm, Credit CatholicA Ecclejia : & jl4ti1l1 confe.fio ipfa credendi adjunfla efl, Ht oflendmnt eam non.t/Je novam fententiam, fed Apojl,licam,& 1U4 ipfi ferif' flJfent non eJfe filA tnventa, ftd Apoflolmlm documenta. Bllt in the mstttr of Eajler, becaufe it was a ritual, and the circumflance of time and the unity of order, the] decreed, that everyone fooula ohey. But in the matter of Faith they did not write fo, that they appointed (very one to' ober, hut in this manner, The Calholiclt chllr&h believes: and then they adjDyn'd the &onfeflion of Faith, to {belli thaI the doflrine was not new, bllt that it 11'6 Apejlolieal, it !PM that whick tbey wrote, hut nothing of 4 lilter birth. To any other purpofe neither the Council of Nice nor the Council of Ariminum is of any ufe or authority.Iave onely it is the fentence of fo many men,and is to be received according to the credibility of the men,or the reafonablene1fe of the article.

3. But then let it be confidered, to what the authority of a Council will

amount according to the fentence of moll men. The Doetors of the Church of Rome (a few onely excepted) fay that a Council,if it be not confirmed by the Pope, hath no authority, Upon this account, if they fay true, every Council is fallible, and therefore no rule or guide of faith: for

. nnlelfe

in Canotuand Cm{ttres.

unlelI'e it can be deceiv'd, why fhould it be fubmitred to the judgment of the pope ~ and if it can be deceived.ir cannot bind, becaufe it cannot fecure the confdence. But the others that are not of the Roman party fay, a Council is then not deceiv'd.when it delivers the doctrine of Chrill: and his Apollles, and fpeaks confonanrly to Scriptures: and if a fingle Doctor does fo, he is to be believ'd, What then ~ wheres the difference ~ This onelv is it, That it is more likely a Council thlll find out the truth,and report- the tradition; and if we be to chute our faith by guefle and probability, a Council is better then a lingle Doctor, by fo much as there are many more then one Doctor in it. But this will onely ferve the turn till men are willing or at leifure to inquire: this onely excepted; becaufe few men can judge, and moll: men are.rul'd by others, all fuchperfon.s can have nothing better to rule and determine them then a General Council: but then it is an argument of reafon, and not of authority; it is not becaufe they are bound, but becaufe it is mofi reafomble in their circumttances,

4· I 1110uld here have confidered of what authority the wririnzs of the

Pathers are to the interpretation of Scripture and the conduCt" of confcience: but becaufe I find onely the fame ufe of them as of other learned men in. all ages of [he Church, fave onely in thofe things where they are wimefles of the Apoftoli~al doctrines.to which they bell: can give teflimo-

oy who are [he moll Ancienr, and becaufe thernfelves difclaim any au tho- s. Augull. Erity in matters of faith, and call to be tried by the word of God. I had ra- pi~. 48. 01< Ether this thing Ihould be read in others then in my [elf: becaufe i~ is matter Yid:~;;tian. of envy and reproach to tell why they cannot be relied upon; and to adde diJI. 9· Cyril. more reputation to that authority which they have acquir'd by many inter- ~'iIic""b.4. vening caufes, by r~afon, and by unreafonableneffe, would be matter of EP' ,~~~ Ep. danaer, and Iometimes the caufes of error, and very often of a deceitfull76. confidence. But who pleafe may fee this uncertainly difpured, and never

concluded to any certainty, by • C4jetll1l on one tide,and Melchior Canm on 'I'rzf". in the other. He m:ty al[o confider the faying of the t Bithop of Bitonta, that comment.

he preferr'd the. fentence of one Pope before a thoufand Hieroms; and a fe7~~':~~~:i. thoufand Allglljlmes & Gregorw;and that every fide declines their arbitra-l,0I<4,

[ion when they fpeakggainft them:by which it appears that no fide fuppofes 1 Condon. in

themfelves to be bound in confcience to follow them ,E,Pp,U,'4ad Rom.

. • . .I"g.

606.

5' B?t the lIefi ufe of them is that which the Church of England hath

defcrib d in one of her ancient Canons, that her Bilhops and Priefls fhould teach nothing ni/l gllod ex doflrina vettru & Novi Tejlammti veteres Palm & E&Clefi .. Epijcopi co/legaint, hut what the Fathers & ancient Bifhops of ti,e church have getbered Ollt of the doflrine of the old lind Nell' Te.fta",,,,t : which Canon ~lves a very good anfwer to this inquiry if we fhould enter mto ir, For It declares that the Fathers are fo far to be full owed as they follow Scripture.and that their writings are of great ufe for the reproof of new doctrines: and certainly-if Preachers were confin'd to this meafirre, pollibly we might mille Iometruths which now it may be we lind ;but it is certain we thould efcape very many errors, For the refl, I refer my reader to the Archbp. of Spalatu de rep. EccleJ.lib.1' c. 6. to Rivet's Prolegomena to his Criticus Sneer, to Daniel TufJanlls his Synopjis de legendu Patri~IU, to Gregory de V4/entia his anaZyJis fidei,to BithopMorton his Catholick ApoIo~y, and to D whittd/uT de Script. authoritate. In this whole affair the con.

fcience is at liberty, and therefore I am here to inquire: no further. .

Gg4 RULli

Of the 'Power of the Church

BOOK III.

RUL Eo XXIII.

Subfcription to articles and formes of confeffion in any particular Church, is wholly of Political Confideration,

I Vft THen forms of confeffion are made, & public articles efiablilhed, it

• V is of great concernment not onely to the reputation of the Govern-

ment but to the unity and peace of that Chrifiian community, that they be n~t publicly oppos'd, To this purpofe we find fo many fubfcriptions to the Decrees of Councils, by Princes and Prelates and Priells and Deacons by PrefeCis of Cities and Governours of Countries; it was an infiru~ent of unity and peace, a declaration of their confenr, and at no hand to be reprov' d, urue!fe it be in a falfe a~tic\e, or with tyranny to confcienc~, or to maintiIID a facl:Ion, But that which the Government looks after IS, that no new Religions be introdac'd to the public difhirbance , of which the RomAns were fo impatient, that they put to death a Noble Lady, POIII'

Jib.;. "p. 7. Ionia GrAcinA,lItlQft »11'/'" tuju[all11J religioni/ ~w'" fai~h ,!iI&i~lII! 1M being guilt, of II new religion, Now to prevent this, Subfcriprion IS mvented, that is an atteftation of our confent; which if it be requir'd by the fupreme authority, it may be exaCl:ed in order to peace -:nd. unity: and 7' lI&itm tells that Apudilll HurAna was degraded from the dlgDltf ~f a Senator becaufe he refns'd tofubfcribe [0 the laws of Augujlll4. This IS the famecafe,for fubfcription ferve~ no other e~d ~ut that which ~s nece!fary in Govern-

de Rerum in- ment. We find In Pol,dDTe Ylrg:l that the Anctene Kmgs of :Eng/anti venter. I. ". at their inauguration Sili&em tenebant jllTaturi per 10vem, [e re/igiomm cap. I.. & ritll4 I'atrj,s retent;"s. hAC verbaloqlltfltts, Si [dens /a80, tunt me u.

t[lim [alv.uTbe lIr&ifue bonis omnibm eji&iat t The, [rflm b,1uliter th.t the, "IIIolila kttp the re/igiofl4n. their CDuntr~ rites, a".4 '."rs' d themfolveI if the, aid not. This was .moreth~ Eccl~fialhcal fubfcriprlom for dcit bound them ro icfer ever; thisonelyglveswltnelfe of ou.r p!efent content, but accordina to it's defigne and purpofe,for the future It binds us onely to the con[erva~ion of peace and unity.

:. For tboughit may be very fitting to fubfcribe a confeffion of ~rticlcs;

yet it may be very unfit that. we f"":~ ~\Vays to be of the fame mind i for that is either a profeffion of mfailibllitY.1D the authoncY,!lr In the a~tlcle, or elfe a direct iliutting our heart agamll all furt~er ~lar1ty and marufe~ations of the truths of God. And therefore fubfcnptlonought to be fo 10- tended that he who hath fubfcrib'd may not perceive himfdf taken in a Iaare : but yet he that fubfcribes mull doe it to thofe purpo~es and ~ th~t fenfe and fipnification of things which the Iapreme power intends ID his commanding it ; that is, at leafl, that he who fubfcri~ doe~ aCl:ually approve the articles over-wrieren , that he does at that time believe them to be fuch as it is faid they are; trs«, if they onely fay they are true, lifo/SIll, if they pretend to ufefulnelfe, nmfJarJ, if it. be affirm' d tba~ they are neceffary, For if the fubfcriber believes nor this, he by hypocnfy ferves the ends of public peace and his own preferment,

But

H7

_ But this whole affair is to be conducted with fome warinelfe, lell: " there come more evil by it then there can come good. And therefore althouroh when articles are fram'd, the Sons of the Church ought to ·fubfcrib~ them for public peace, in cafe rhey d~e heartily approve them; yet fuch articles ought not to be made and rmpos d, unlefle they of themfelves

be necelfary, and plain by a Divine Commandement: A~d chis was the. .

advice of Melallehthon. Ur fit 1¥lfIlr diftordlarum filii" rdle faCit p~teftllJ In Erll.a. ~

b o d I·· ft .a: h Ii Con" us ,,,,,0<

obligans homines III 0 remptrent, quan 0 a loqu/ farere e mCt"e, T e. u- logicjs,

preme power may then commaad men to fubfcribe to fuch articles, which

it is necelfary that they (hould believe. But if God have not commanded

us to believe them, no humane power can command us to profefie them,

• Beyond what ~s necelf~ry or v~ry ufefu~l, unleffe p.eace be concerned

4 in the publication ot the artide and It s. e~abhiliment? It IS but weakly and impertinently concerned In th: fub[Cr1ptlO~, For If t~e .peace of the Church be fafe without the article, how can It be concern d In the confent to it and profeflion of it, exceptin~ onelyby an accidental and a nece~ty fuperinduc'd by themfelves and their oIV.n Imprudent forwardne!fe, or ItC~ of Empire over confciences ~ If an article ~e contefled publicly, an.d IS grown into parties and faC1:ions,and thefe faCl:lo~. c~nnot be appeared without decifion of the queftion, then the conformity IS ~s ufefu_ll to peace as the Ientence and determination was; and then there IS nothing elfe to be confidered but that the article be true, or believ'd to be fo. But to them that are f~ perfwaded, it is neceffary they obey, if they be requir'd rofubIcribe ; and the fupreme power hath authority to re~uire it, becaufe it is one of their greatell: duties, to govern and to rule 10 peace, But thefe thin as can feldome happen thus without our own fa~lt:. but when they doe,<> there is inconvenience on all fides; but that which IS leaR mull: be chofen,

When articles are el'tablitbed without neceffity, fubfcription rnut] be

5· requir'd without tyranny and imperioufneffe. That is, it muft be left to the liberty of the CubjeCt [0 profefle or not to profefle that dodrine, The reaton is plain. In things not certain in thernfelves no ma~ can glvea law to the confcience, hecaufe all Ihch laws mufl clearly be _Dlvme Cornmandements.but if the confcience cannot be bound to the article, and the profelIion ferves no necelfary end of the Common- wealth, then God does not ~ind, and man cannot :and therefore to bring evil upon men that doe n.ot. believe the article, and dare not profelfe to believe what they ~oe not, I.S injuflice and oppreffion, it is a law of iniquity.; and therefore it IS not.obhgat?ry to confcience, and no humane authority IS Iufficient for the fanalOn and Impo·

fit ion. Socrates was wont to fay, Saeramenftlm oblatum duabm ae eallfis fi~e ,pod Stcbeurn firm,mallm: vel lit ttipJil111 a turpi [II/P_i~ione Ji~ms,.velllt amico~ ex magm.

periell/is eripilM, When you are requir d to gIve faith a~d Iecurity by a fa-

crarnenr oath or fubfcription, there are two cafes m which you mull: not

refufe : ~hen thou thy felf art [ufpeCted, and canfl n? otherw!fe purge thy

felf; and when any of thy relations is in danger, that IS, when It IS for good

to thy (elf or thy friends. But when there IS no necell!ty of faith, ~nd. no

public need to be Ierved, the caufes that betides thefe injoyn Iubfcription

ar~ fond perfu~fiolls, and indifcreet .zeal, and ufurped Empire _over con-

fcieaces : in which cafes the Ecclefiaflic Rate hath no power to give Commandements . and if the Civil fiate does, they oblige to [uffering calamity,

'. bu,

I

VI the 'FOUleyoJ the Church

BOOK nI:

but no! to any other conformity,and then it is a direct tlate of perfecution,

6. . • Upon the account of this Rule it hath been of late inquir'd, whether It can be. lawiull for any man to. firbfcribe what he does not believe 10 be true, giving his hand to public peace, and keeping his confcience for God.

7. But to this th~ anfwer is eafy, if fubfcriprion does lignify approbati-

on ; for in that cafe It IS hypocnCy,and a denying to conftlfe with the momh lvhat we believe with the heart. But if fubfcripiion were no more then th~ office of the Clerk of the Signet or of a Council? who in form of law is to figne all the acts 01 Council, then the confideration were different For he that is a public officer, and inrerpofes the fignature of the Coun not as the account of h!s own opinio~, but as a formality of the Ceurr, alilhe world looks. upon It as none of his per~onal aa:, but as. a folenniry of law, or a~ aClefiallon of the act of the Council. But in fubfcription to articles of conteffion, Or cenfure of Propofitions as heretical, every Ecclefiaflic that fub lcribes does it for him fell, and not for the Court. Lubens 6- ex alJimg

,. fubfcripfi: that's .ollr form. in the Church of England. Clllfentirns fub-

~1-'[1. 1'4. nd jmpft : Io I twas in the ancient Councils, as S. Allftin reports; I confenr to

rpium, the thing, My mind goes along with ir. But in this cafe the whole affair is put to ilfue in this one particular, which I rouch'd upon before. If the inrention of the Su~erior be to require ?ur aflent to be tefiified by Iubfcriprion, he that Iubfcribes does profeffe his aflent, and whatever he thinks himfelf, it is the intention of the impofer that qualifies the fubfcription. S.

ubi flip"" Allftin rels of a Senator that upon his parol went to treat for his ranfome or exchange, and promifed to return to them again in cafe he could not er. fed It. But he gomg from the nmy pretended to have forgot fomeching, and came back prefently.and then departed. But telling his il:ory to the Romm Senate, and pretending himfelf quit of his promife becaufe he went back prefently, they drave him out of the Senate; becaufe they regarded not what he had in his head, but that which the enemy intended when they made him fwear to return.

8. But the effect of rhefe confideranons wiII be this, That no particular

Church eught with rigor to require fubfcriprions to articles which arc not evident! y true, and neceffary to be profefs' d.becaufe in the divifion of hearts t~at is in the world, it is certain that fome good men may diffenr, and then ~Ither they ~all be afflided, or be tempted to hypocrify: of either of which If Ecclefiaflic laws be guilty, they are not for edification, they are neither juil: nor pious, and therefore oblige not.

9. But if for temporal regards the fupreme power doe require fubfcripli-

on, thofe temporal regards muil: be complied with, fo that the fpiritual intereil: of fouls and truth be Iecur'd, And therefore the next zood thins to the not impoling uncertain and unnecelfary articles is, that g~eat regard be had, and great eafe be done to wife and peaceable diflenters,

10. And at iall,in fuch cafes, let the articles be made with as great latitude

of fenfe as they can? and fo that Iubfcriptions be made to the form of words,let the fubfc.flbers underftand them in what fenfe they pleafe which [he truth of God will fuffer, and the words can be capable of. This is the

laft:

in Ci.mon.r and Cmforc/e

jail remedy, hut it is t~~ ~vorll ; it hath in it Iomething of craft, but very little of ingenuuy ; and It It can ferve the ends of peace.or of external charity, or ot a phantafhc concord, yet it cannot ferve theends of truth and holineffe, and Chrifiian fimplicity.

O[Lams Dome/lit·: or the pomerrvhich Fathers of Fami.:o lies have to billd the COll{ciC1lceJ"oj their Relatives. ,.

Children are bound to obey the laws and tom~ man dements of their Parents in all things domeIlical, and in all actions perfonal relating to the family, or done within it. .

"g HE word of the Commandement is '~:l; which fignili"es

• t, be or to make weighty; but in Pit! it lignifies to honour,

that IS, HOI'JDl4r your Parents, and doe n.ot lightly account . of them: But in Levit, 19. 3. the word is N" fear thJ Mother and thyFather.Theylignify the Iame evenr of things;

. f~r a reverential fear is honour, and they both imply obe-

dience, And there are three great endearments of this which maki it neceffary, and make it as abfolute as it can be. The one is that our Parents are to us in the place of God:

: N.~e w.u-rr/ .,.", ~'el' i;.~ ,th .. s

faid the Greek Comedy, Suppofe your Parents to be to you Ai God,. H,jc HUgo.,S. Vitllim paterllif M eft mbi4 Sa"amentum 6- imago Diuin« p,"emitat" lit ao" lib~ r.de difnt cor hllmanllm in eo jrillcipio quodvidet, quid debeat iOi princiPi'" '",alD·e.1. qHO {p, 6-qllod non vldet. For the Fathers power If a Sacrament and image

of the Isnnne PaterNIty, that a man may learn by the pr~ncipll of his Being

which he jm,what he DIVes tl the principle of his Being which he fees 1I0t.' and

1'/at, Iaies there is no image by which we can worlhip God fo well as our lib ••• de t~ib. Fathers, our Grandfathers and our Mothers. And therefore it is impiety

10 dilhonour or difobey our Parents, and it is piety when we pay our duty

10 them. The fame word lignifies religion to God, which expreffes this du-

ly. Psrentes »ot nm4re, jmpietM eft; Nfll ilgnpfcere, jnfa,';.e. For as there areSelt!C'1. I;do tW? great crimes which we commit properly againll GGd, Impiety or Irre- B, ne f.e.I. hglOlI,and Athe1nu : fo there are thefe two crimes againll our Parents, He

that does not honour and revere them is impious 01' irreligious land he that

will not acknowledge them is Atheiflical, that is, like [he Atheiil:s he:

denies the principle of his Being. And the~efore upon that of riTgil, '

HIIC Pater Q LeTJ.ee vtm~ in lib .s, G<oiJ

S(~viiK .

Of La'ilJtJ VomeJlicft,

Boo« 111.

Servilll obferves that the Heathens called all their Gods by the na~e of Fathers: and an injury done to. our Father is [aid to be done to God,accor-

ding to that of Mm4nder, -

'0 AO'.!-Oe;.1)- "",-nfjf.;I'~tTrpn/li;-?o.';,,'I" T/u) .. , "" .in/ov :J }J-flwr<j: (3Aa..-rpnfLia.v.

• In verbn per "tam vil.m p",,"m He that reviles and fpeak s evil of bis Father" does blaf;

1.'f7lcrari maxtl1lc deCCfJ[CVllim ent11l h G d t. '

1iolatilittmquc ucrbontm grlftliJ!im~ P erne 0 ; lor •

imminet Frena.l'l;][Q t. 4. ac rrplfb. GlioJ ft!')'fifJl rtrJutpeJ'~t1I" 0; ~!}~s.

God is the Great Father of the world, and therefore he hath by the 0reat_

eft religion imrnur'd the Fathers honour. "

Et 10v;s imperillm &- chari prtl&fpta parenti!,· Bdocet •.•• Wxtto God is our duty to our Father,

t. ': The .fecond endearment of our duty, obedie~ce ~nd regar.d to pl. rents, IS grlmttlde ; which here hath the greateft obligation, and IS to this purpofe romark'd by all laws and by all wife men of (he World.

Om»is ill.!Jcaflio cbari jlat cur» Parentil.

All their love and all their care is for their dear boy. Tbe child is a part of his parents, a tender part, but under cuftody and a guard; and the !tate of defcent and fuccemon from parents to children is called SlIifM in the law: and there is fo much of a Father in his child, that if a Father and a Son be partners in a crime, and refufe to confeffe it before torments, the law commands the Son firll: to be tormented; chArles the fecond.rhe Emperor, did fo , as knowing that the Father will confelfe rather then endure to fee his fon tormented: and when the Father does confelfe upon the tor-

1.I.in 6. c: r. ment of his fon, the Father is. Iaid to becoflJefJlM ill tormentit, faid BaidlH, ~t~toYI. rn he m'frfftel In his 0'19" tor",e~ts. And as long as the Son is in prifon, the Fatber IS not accounted free in law: and the Pachers lins are then punifu'd when the child is raade lick, or unfortunate. So tbat the governmenc of children isno orherwife then as a mans will governs his own hand & foot; over which,always fuppoling him to abide within the limits and inclinations of nature, that is, to love and cherifh them, and in no fenCe to hate them,

in all other he hath an intire power of command. •

3. 3. The third endearment of childrens obedience is the power of blef.

f1ng and curling which God hath given to Parents, and which himfelf by his providence and great Oeconomy will verify. The Fathers ble/illg !Oedu s, 3' 10. eflablifherh the houfes of chilarm, "lit the cllrfe of the Mother roomh 0111 fiNn_ dations, faith Ben-Sirach. And S. Piltii exhorting children to obey their paEpheI.6. >, 3· rents, faies it is the firft Commanae",ent with promire, that is, the firll to

which any fpecial promife is annexed, the promife o(long:rvity in the land

, of promlfe, Be~edil1io nfemI olJfaienti,e eft, faith Eli," crumfis, The Fathers blelling IS the reward of the fons obedience. But it is obfervable that the ori~inal word in the fifth Commandement is of at1:ive lignificati. on, HonONr thy F_athe~ and thy Mother that they mAy prolong thy days upon the Earth; thar IS, faith PaIS/III Fagitl4, thyparems are Gods minifters and inftruments, the chanels and conveyances of the Divine bletIing: for God hears the prayers of Fathers and Mothers bJelling their obedient children,

Etck. n. 7· or curfing their difobedience , infomuch that Ezekiel reckons their difobedience to their parents to be to the jewes the ca)lfe of their banifhmeat from their own Country. SlIid," tells that Leontilll the Buhop of TripoJit in Lydia feeing his onely fonof an ill nature and apt to mifchief, prayed

(0

C~-A-;'~·r the To;~rof Fathers of F~~ilie~~-·--·~-·36I to G-;;d~h~t· h; Can l;ight die y~~g,ldl: J~ ih~;rd fuililu~·impiety:al~d- God

heard the Fathers prayer.

LJ.flva1 rnJl ~\ r-tlftV fe.HJlU!?; Elo"l '11ii!~&J1, Orpheus.

The (flrfes 0/ pArents sre grievofls upon tbe earth, And this was obferved a-I':"" lfb. r r,' man" the Heathens in the fad examples of the children of o Ediptt5, Amin-J, L: •.

lor a~d The/elf.!, who grew miferable upon their fathers curfes ; and thereioreTc/cmaclJlls was afraid to call his Mother our of U!yjJi's houfe, lell: (he

lhould curfe him. And this was it that brought Iervitude or (lavery into

the world; God having in one 01" the fountains of mankind, in the great

Pmi;lrch of the world.confign' d a fad example that for ever children (hould

beafi-:lid to dilho!lour their parents, and difcover their nakedneflc, or rc-

"cal their turpitude, their follies and difhonours,

4, To there I need not adde their natural neceflity.their difability to help

rhemfelves, their obnoxioufhefle to every evil.their defencelefle condition, the miferies and calamities and infirmities by their want of wifedorne, all which at firll doe infinitely endeare obedience, and make it neceflary . but I remember that this very thing was of great value amongft the .-'.ncients, and they did ufe to tel! this fable to their children to teach them to obey rheir parents. "An old Lion, amongfl other precepts that he gave his "[on, charg'd him that he Ihould never fight with a Man, becaufe if he .; was not too Ihong, he would at leaf] be too crafty. The young Lion .' heard him, but regarded him not, but therefore as foon as ever he was I, full grown,hafiens abroad to Ieek a man to be his enemy. He came into "a field,and Iaw a yoke of oxen flanding ready furniih'd to plow, and ask.: ing them if they were men, they [aid, ND, but that a mall had put thofe "yokes UPOll [hem. He left them and went afide, and eipying a horfe "bridled and tied to a rree.ask'd if he were a man, He was anfwer' J, No, "but a man had bridled him, and would by and by come to ride him, for a I, man was his Matter. At laf] he finds a man cleaving wood, and ask'd "him: and finding him to be [0, told him he mull: thell prepare to fight "with him. The man told him, With all his heart, but firll ddireJ him to " help to draw the wedge out of that tree, and then he would. The yong II Lion [hrufi; in his P,lIVS, and a little opens the tree till the wedge fell out, "Jnd the tree clos'd upon his reer by it's returning violence. The man "feeing the lion f:Jf±ned, and the lion feeing himielf entrap'd, the man "cried out to his Neighbours to come to his help; and the lion to efcapc "his dJlIgcr tore his feet from the tree, and left his nailes and blond be"hind him, :lIId returning with Ihame and Iinarr to his old Father f.lid to :; Il!111, }.Ii P,tler_, (i tn: moniti' tnis IIngul.1S 11011 amijijJem, [h.ld not

loft my limits if [ 1.-1d obeyed my Fathers commandement, For the comnundemenrs of parents being for the good of their children, he cannot be protperous that will not obey his Father. That \\'35 their meaning.

5· Ilut concerning the duty it [elf there is no queflion , nothing is iJbin-

er, nothing is e:dier: but concerning the limits and adminifiration 01 this power there is I'ery great difficulty; the Scripture [peaking either indefinitely or univerially, either of which does equally need a limit and fpecifiration. chlldren,ohey yo", parents ill aU things, faith S. p,'III.- and if that all were abfolutely ail, there were no difficulty in the underfianding it; but infinitely ditEmlt it would be to obferve it, and reconcile it with our other dunes and juft interefts, And jufl 10 is that law which by the confent of all

Hh the

362. OJ Lawe J Vomeflick.., BooK m

----~vorld is repreCented as univerfally, Liberi qUACllnque i;;;;-P;;e~tih~ Trinum. Mr. dic70 a"dientes [unto ; and he in the Comedy, Pater adji,m, Impera qllodvis 3· mq/le tibi era in mora; Here amI my F,uh:r, Command m~ any thing, nei~ tbcr wil! I rejijl. But this any thing and this every thing, IS bur any thin~ and every thing of a certain kind; which if we can ellablifh Upon cmai~ meafures, we have one great line more for the conduct of conCcience The Divines and Lawyers reduce the Wiles of this relation to three heads' I. Reverence, 2. Animadverfion, 3. Piety. '

Of iR.!lJermce 10 rp,;rm:s.

6. An.I firil it is certain whatever can be lignified by honour and felr

and reverence is the duty of children; that is, 10 far as to think honoura. blv of them. to [peak well of them, to couce.il their 1:1lI1ts, to excufe them toothers, to comport themfelves with reverence and great regard belore them.

B~i\1:t ~).:il'~l$ '"f~ '7IUP~i ~ 71}{9-~; ~X'il',

Abo"H ail thillgs have YOIIT p.1Ycnts in bonour : and this is to be exprefs'd ac, cording as the parents (hall require, and according to the cuflomes of the nation and the moil pious and obedient in it ; for "."It" quoque /",di pili". t cm, was an oid rule, A child may be rude and undutifull Jll his very looks, ;ud he ~eCerves to be punifhed with blindnefle, qu] parOltllm -unlt us lor'!lo ~'if:! de/pexmt, & dati! OCfI/iJ I.tferit pietatem,falth S. Hierom; who by proud looks ;md lcorntulJ eyes is impious to his parents. But this duty is Ivell detcrib'd by Tlmphilur to Alltolycus, Sdrlillim & /.1IId.,bd, cenfltHr, 11011 foil)"' .'plld Dcttm fed & apttd homines, -uidelicet lit ill (implicitale 6' ab(rille omni maliti« fubjicramllr paremibllS. Children muil be iubjeCt to their parents without all malice or perverfenefle, and 11l alllimphcity, tha; is, :ll~tnuity of words and manners. And when Ptolemy asked one of the 7Z rranflator s of the Bible how a [on 1110111d pay due thrnkfulnefle to his p;rr<;n[I, he was anfwer'd, si mllili re illoslrijfilla .rfj"eceriJ, If you grieve rl.cm in nothing. That's the Inrefl meafure,

7. The next thing that is alfo certain in this is, that all the good Coun-

fels and precepts of holinefle and wifedorne which the parents gil'e, it is neceffary the children 1110uld obferve ;and betides that the not obterving them is a lin againfl the Ipecial Comrnandements, it is alfo a lin of difobedience, and a rebellion againll: the Fathers authority. '50 the Father In the Comedy urges his authority,

rbtl~.Tlim~n r, Atr·l·

Fcceris par Illis c4teriJ fAc1i;, ruro»

Tllllm ji percales per pietA/em. Nolo ego cum illlprobif te -uiris, Cn.ue mi ; tuque 1/; via) neqllc in foro IttluII; [ermonem exequi, H £C noiies drcfqllC tibi cnnt» ul cwueas

..... lI'ICO modo, & moribi« vi-otto dntiqllis:

!i2!1£ ego tibi pTuipio, h£c folcito : lu:c tib;

SI mea Imperia (,'pejJes, mutt« bon« in pec10re confident.

[{ap gccdcoll'lpany, avoid the debaucheries of the prefe,;t times, live /IS 1 cOl;,n"llId, and as YOllr forefathers did live; and if to thcfe purpofes you Jub. mit 10 my govel'/llI'I(fIt, good things fhnPdwellwilhill you.

But

CHAP.).

or the 'Power of Fathers oj Families.

I. ~ we find amongfi [be Ancients fome little inflances of this honour and reverence befides obedience fpecified. The Ancients would not without leave goe from the prefence of their Father: fo he in the Comedy,

----neqne latebrIJil: me ;'bs teo Trlnu-n. ubf

COll/peill' occllitaho __ ·____ ("pr.

"They would not conceal from' their parents the enrercourfes and accidents of their youth, their amours, their miilreffes, their defignes of marriage, their little plots, and advantages or difadvanrages .

.Q.n'" [ert ado/efcentiil

Ea lit me celet conftafeci _filillm "

th~t is, they accounted it part of the honour due to their parents to tell them [ruth ill all things where they were interrogated, or fufpetted.'

N.lInqlli ment iri IIllt fallere infllerit Pat rem, IIllt TereM.AJelp"

Alldebit, tanto magiJ alldeblt ceteras, Mt.I.SCCn.1.

He that lies before his Father difhonours him, and commits two fins. he

Ir.mrgreffes two commandements, '* Adde to this, they counted it impiety roIleal any thing from their parents,

. E,P;on' Petr] fllrripere po/fim qllidquam tam cnuto [em ?

Atque «deo ji faccre pof/em, pietas pTohihet.

That is, whatever was a ringle injury if done to a {hanger, was doubleifl'rov.,g"4' co.nmirred a~~llnll: their ~arencs: to~ as. to doe good to them was piety as

\rell as chanty, It was religion and juflice to.o ; fo to doe any evil to them

IS to doe them difhonour, and €xpreiIely agalfiil the fifth Commandemenr,

Thefe.are the firil general meafures, and the indication of very many par.

ticulars,

ibid.

9. But there is one great meafure more, and that is, that fpecification of

the duties of this Commandement which we find in the laws of Nations and the (on rem of all wife men, and particularly of thofe with whom we doe converfe, and by whom we are governed. For our parems have a double power over us, one by the law of Nature, and the other by the Civii law ; that is, there are fome duties which children doe owe to their parents, which are primely and indifpenfably neceffary, ot~ers which are Ipecificarions and inftances of a general duty, but fuch which may fuffer increafe and diminution, but are neceffary by virtue of. a Divine Cornmander.ent when they are bound upon us by the laws of our Country; becaufe thefe are of the nature of thofe things whofe natures can be chang'd by becoming laws, and are reduc'd under the Category of their proper vertues, The particulars I l11a11 draw out of the laws of Nations, from the Civil and Canon laws, reducing them to diilinCl: rules 111a11 defcribe their feveral obligations of the conCcience: and they relate to the other two parts ot parental power, lignified by cafligatioll and Piety.

R u LA

Uf Lawes 'DomeJlick_,

BOOK IiI.

of [ajlig"tion, or the Coercitive power of Parents.

R 1I L E JI.

Fathers have a power to chafhfe their offending children, but not a power of life and death-

1'1 N the laws of Romll/m and Numa, Fathers had a power three times to

fell their children, and a power to put them to death in certain cafes: and they attribute much of the profperity of their city to this permiflion, 110. thins being a better infhument to make good citizens.then bymaking them good fons.it being very unlikely that ever he lhould command well abroad,

that knows not well how to obey at home. .

f2!.,iCllnqllc p.llrem timrt ac re-ueretur, Hh' in bonum eivem evada ['roeu/dubio,

faid Timocles , He that fears and obeys his Father, without peradvennns • si lU'! 'r.~ as he is a good man, Io he will make a good citizen ". And therefore it ,:,,:tI:i:"!''''J/ was obferved by DiotlyfiIU HaliearnafJetu that amonafhhe Greeks, Coutu:::':i'.',:,\i·.;g:~ macy , Impiety and Parricide were very common; and he gives this reaji,."·",,.,Fu;,- (on , becaufe chdrondas, PiltllCIIS and Solon did by their laws give the t:~.:. '/7;~~ Fathers no great power over their children. But I [aid that the RoVi.5"'," mans did, and rhofe great examples of Titus Nanlius, C. Fiaminim,c.

Cifi:u, who put their Cons to death, Were indeed very revere, but did imprint great terrors upon all the Roman youth. Bodinus thinks this to be a natural and unalterable power; and vErodim fuppofes that God would nor have commanded Abral",m to kill his fon, but that ir was a part of his ordinary and inherent power; and when :flld"l) commanded his daughter in law 7h"milr to he brought forth and burn'd for her adultery, it ga\'c indication that he by his Cupreme paternal power in the family had power of life and death, And of this there is no quefhon in the heads of families.where the Father is a Patriarch.rhe fountain of his nation.or of his fociety, and under [he command of no fuperior: for the ptluYtJal ['owlr is the fountain of the ROYIII; and Abimelech was nothing but the King my 1',1- tbcr,

2 But when families were multiplied, though Fathers were fitter to be

, trufled with the feverefl power then any other fort of inrerefled perfons, yet becaufe this might fall into diforder, God was pleas'd in the law of Nores [0 to order this affair, that the Fathers power J110uld not be diminithed, & yet the execution of it and [he declaration of the Ienrence J110uld be rrufled to the Judge. For if a Father fouud his [on Ilubborn, rebellious, difobedient, a glutton or a drunkard, all which are perfonal crimes.and

PCltcr. '1.18. againf] rhe private authority and counfel of rhe Father.the Father and the Mother might delate him re the J udge.and without further proof but their own ttfiimony he was to be Ilon'd to death.Drunkennefle & gluttony were in no other cafes capital in the law of Mofes, but when joyn'd with rebellion or difobedience to their parents, And like co this proceeding in MofeS law was the proceffe in the Ftrfian Monarchy, For vEli41) tells th;l! when

Rh,,,,

or the POUler of Fathers 0/ F amilier.

-----_._ .. -.-.- .. _-.-- --_.

I.h4co the Mardian brought csrtomes his [on with his hands bound behirid~ him to ArlaxerxeJ,defil'ing that the Prince would command him to be Ilain

becau[e he was impudent, he was naught, he was a villain; the PerftaJ

King ask' d hint if he could find in his hem to fee his [on die with violence,

The Father replied, I have in my garden a goodly lettice,fat and wanton

and full of leaves, When I find any of them luxuriant, proud and exor-

bitant, though it be a parr of the body I cut it off; and fo I doe to what-

foever is bitter and fuperflnous, and my lettice is the fweerer for ie, it does

not bewail the lolfe of it's bad leaves, but thrives the better. Think the

fame of me, 0 King; for though he be par'd away that hurts my family

tha~ gives ill e.xampie to his Brothers, my fiock,w!1l be the more thriving:

Ilond and fl'U1tfuIlIll all good things, ] By this inflance we perceive thac when Fathers had 1I0t power to put to death their rebellious children, they could require it of the Prince, who was to proceed Iummarily and meerly upon the Fathers iaflance, And we find in the French Annals that Stephen Bofiee the Prefident of Paris impal'd a yong fellow becaufe his Mother [aid that {he could by no arts or labour keep him' from being a thief.

j' But this went off very much in the manners of men; and children

were by other means reflrain'd ordinarily, before things were brouzhr to

thJt extremity \ and in the Civil law parents were forbidden to kill their § final.';niU .. children, and this law hath prevail'd in all Chriflendorne, excepting ihat a ;Xji I. ~;vu': man is in ferne places permitted to kill his daughter if he fees her in un- d;~,:~j/~P' chall: Embraces. But in fl:ead of thefe great exceffes of power, there is left ~,od~,C,d' to Chrifhan ~arents. not~ing but a decent cafiigation i'.1 the lelfer and lingle ~;i~r'o~~!d~r; nules, and difinherifon 10 cafe of great and perfevering, That children

are to fubmit to the animadverfions and chaflifemenrs of their Fathers is

the voice of nature, and of all Nations.of Scripture and right Reafon, So

S, Palel, We have had Fathers of our flifh which eorrefied liS, ,md we gave Hebr, r a, 9· them reverence : and Ben-Sirac]: teaches us, In opm & {ermone &- omni patio

enlia. honora Palm" tlillm, HO/l~lIr thy Fathe~ in thy "!ork and in thy word, E"lus.!.8, ~nd 111 aN p4tunce, fo the Vulgar Latin reads It ; that IS, fuffer what he im-

pofes upon you: and this was it which the yong Greek that flllf4reh (peaks

of had Iearn'd in Zeno's fchool,Didiei Patris iram [erre , I havllearn'd (faith

he) patiently to bear my Fathers anger. The authority is plain; the mea-

fures of it are onely, that it be done for amendment; that is, that it be dif-

cipline, not anger and revenge, and that it be done with charity and mode-

ration, which is lignified by 5. Palll, Parents, provoke lIot your cbildre» to Eph,r.6. 4. wrath; which precept he repeats, /<~ ,p,.s;C''li, /<~ ..... ePP,,;(,'7I, give them Colo!f.!. ,i. no opprobrious words,no contumelious and provoking Ianguage.and there-

fore much lefle any cruel and undecene cafiigations,

Pudore & libet/Ilitille liberos Adelph, All,

Retinere JatiIU if Ie ered" qllam met«, r. So. I,

Hoc p.!lrium eft, potitid eonfuefllcm {ilium

Sua /ponte refie faetre, qlt4m alieno met».

Hoc Pater sc D~minm interefl: hoe qlli nt1l1it;

F atealur Je ne[cire impmirt liber»,

A Mafier governs by fear, & a Father by love, & both by their authority: but the gentle way is the Fathers method; but if he will ufe the revere, he hath authority to doe it, and right Or wrong he mull: be Cuffered, till the evil be infufferable, and then he may decline it, but ever with reverence to his Fathers hoaour , for indeed againfi ;I Pathers tyranny there is no aid, no

H h 1 remedr~

CHAP.~.

.. 366 Of Lallier 'Domefljc~, BooK m.

remedy, no interceffion, but by. an appeal ~o the common Father, the ch~~f of all the tribes and all the families, This onely~ am.to adde, Th~t as fathers have not a power of life and death over their children; [0 neither are they li"htly to ute that power which they have, and is next co this, that is,

lib.5, rpill"o. that I ~lay ufe S . .Amhrofo his expreffi~n,ne '",[11 pittp P stris ~lcifcatur fo exh.credatione vel abdicationc contumactJ genertJ, a p~lIver ?f difinherifon IS not to be us'd for every great offence, much I~lfefor a little •. PllttT,1Iiji lib. I.e, 14.Je mtlgnll 6- mult« ;njuri.r patientiam tVlcmnt, niji pItH eft. quodtlllut qu~m Ckmcm. quod damllal, non facile aewJi! a1deaetOrtum flylum, faid seneca, A Fat~er ,.ill not eAjily proceed to an ext~rml1laltng [ent:nce, unhilt great a1Jd many in-

juries have quite overcome htJ pallence. :Nor :hen nelfhe~, unlef[e be fe~r wor[e things then tbo[c which.he alrtadyblaltJ(S. Por, as f2...~mtllzall obferv d well, this power was not given co Fathers but when their Cons are mcor-

De-lam. '59, rigibl~. Fulmen ijiud Patrum adver[ut [troelam. adolr{eentl" datllm cfl, advcrjifl filios 1tti pawe pIllS pojJunt.. ~l they will fin yet more, and w~l not be corrected, then they may unwillingly ufe this thunderbolt. Ir IS like the [entence of excommunication, never to be us'd but when nothmg eire will cure the man, and nothing at all will make the mifchief tolerab~e: that is, a [on may not be difinherited, but when he 111ay be hated, which

Om, pro Rele. may never he, fine caufis m«lttJ, magntJ 6- nerfJ!.mtJ (as .Clc(r~ affirms) Amer. The caufes mufr be great and many, and intolerable, and wlth?ut remedy.

But of thefe thinss becaufe the Fathers are Judges,they mull Judge according 10 the permimons ofla:-v, and the a.nal?gie~ of Chriflian prudence and charity , for if they doe a.mllfe, the Child lS miferable by the Fathers paffion, and the Father by his own.

of Piety to Parmi!.

RUL E III.

A Father hath power over the goods and perlons of his Children, [0 as to be maintain'd by them.

I. THe Lawyers define the PatmJ41 pOIVe',to be jm nmiktH /egibufque con"baH. ~Io?'i- /litlltum,qllo Palri ill filium hgnaq'lt Ipfi,(.! plenum J,IM elim trlbutum ~~;,':l, I mil filit \ It fu/l right "Ion hi4 [on and his [ons goods mtroduc d by'I,Hfls an~ euJlomes. Now this full right is alterable by the Civil law ot ~~y nation: that is whereas amonsfl the RomanS whatfoever the fon acqmr d, he acquir'd;t not for him[elf, but for his Father; this may determine fooner or lafl longer ,according to the appointments of law, f<?r tht hm fo long III?I is a chi/d diffm nothing from a [avant, and therefore If the law pleafe, may be us'd accordingly; and when the law hath [0 appointed.the Confcience is bound by it.

2, But that which is not alterable by 1~lVs is tha.t w~ich is ~he natural J?d

neceflary duty, that parents be maintain d by their children If they n~edlt: for this is in the Commandemenr this is a pan of the honour that IS due to them. For fo our Blefled Sa;iour remarks the ""'T!,s.I7l' : the Pharifees that tauzht the children to cry c,,;An, it is II gift, and therefore out of it

~ ~

(;r'the PO'UJer of rather! of familIa .

-------------------

the parents mull not be profited, he calls it a nilt hl110nring the P lither anl' Mattb, 1).0,

}Jower; and the double honoNr which S. PallL commands to be ziven to the' Tim, s- '1' Elders that rule welt is inflanc'd in the matter of maintenance." And this

the Heathens had. So Hierotles, ')P,·i""'7If'nwf4,. vmpfja,M.(w"fr"', uoif{!J.7(p.

u1Il'ftO"''''v iJ 'XlnwJ.'mJv X.pWY!C6V u'lTixown; 0'71 p.9.A.r;et. oeY:i7J;fJ.9""'Tlw, Let

II! great~ honottr our parents, offording them the mini.Jilry of ollrWies and

thlufe oJ our wealth moft chearflllly. But this Cicero limits co the necefJa. Offic. r: ria vitll priljidla, qll£ debentur his maxime , the neceffary aides of life;

that is, wh.t is for their fupporr, to keep them from need and [harne ac-

cording to the quality of rhe parent and ability of the child: fo that thi~ be in I,Si lib",i" lira refpected, and then that,C,lIth Bartolus. To this purpofe is that of S. §: man~miffi .. .Amb,o(e, If the cP1J;umely of the Father and th: reproaching or vilifying of~~ t:;~~i. the Moth.er be pHnifh d [o.feverely, what JhaO thm JlArving or their hegger]

PI? T Jus the Rom,flls did relent fo deeply, chat they made a law that if a

Ion that was emancipated or quitted from his Fathers government did de-

nyaliment to his indigent Father, he was to be reduc'd under his Fathers I. Llnic C. do power, and [0 to abide for ever, But by this irulance it is apparent that this ingrar,lib.t, is no part of the Fathers power, but is an office of the Cons piety. For be-

tween theFather& the [on there is a threefold.chordor rie.as I have already

obferved, the band of Reverence, of Cafhgation, and Piety; the two firll

are .the Fathers authority, this lafl gives. the Father properly no right, but

oblIges the [on ~Irectly. But. then this IS t? be,added,that this obligation

IS andy confirm d by th~ CI VII laws, but It IS Immediately tied upon him

by [he Natural: for a [on IS bound to keep his Father from llarvin" rhoush

he be a Bandito, or all Out-law, that is, though he have loll all civTI righfs

becaufe no Civil power can prejudice a Divine Cornmandemenc, Plutarch, , S I • tells that bv Solon's law the fon was not bound to 5;ive his father aliment ,nYJto 0 •• , if his Parher caus'd him to learn ,no trade, or taught him nothing whereby

he might get JIlS hvmg. Indeed It the Father neither did give him where-

on to live, nor teach him whereby he might get it himfelf, the fon is the

Jelfe oblig'd , but yet Iufficienrly for this, becaufe it is by alaw of Nature

that he is obiig'd, and all fuch obligations are before fuch conditions can

intervene, Ow, dv ~ 'jim,'1", ",'YTI'ji""""" J'wi"''nI T., <Zi1.1e"tv=" [aid Ari-

pOllf. Something elfe is to be conlidered betides the advantages of edu-

cation: the Father was the principle of his Being, and in that he can never

be requited in kind, and therefore let him be paid by duty,

;, . , But if the cafe be fuch as divides the duty, and the money cannot be divided, what (hall then be done ~ Marco Tom4o a tradesman in Fenice had a Father and a Son, both lame, both in great neceflity, The Father loft all his goods to the Turks, and the Ion had rowed in the Gallies till all his ftrength and health was gone: but the poor Cutler (for TomA[o was no more) was not able to relieve them both: what Ilnll he doe ~ The cafe here is hard. But love defcends, and afcends not: therefore Toma[o's bowels yern upon his Ion ; and he cannot have that tenderueffe for his Father, and he Were unnatural If he (hould let his [on periih. It is true, but therefore he oughr nor to neglect his Father and feed his Ion, becaufe his [on does not, cannot love him fo well as his Father does land therefore he is obliged by gratitude to his Father, and by renderneffe to his [on; to this there is more natural inclination, but to the other there is more natural duty, And therefore the Lawyers fay that smor dlfcendit, non a(cendir, is 10 lie under. flood qllo,1d ordimm dilrCfionis, non tjHoad 'ffu111m obligationis. Love does

Hh 4 dsfcend,

OJ Lawe I V __ om__:efi:..,.~_ic,.-' :------c::--~B-::O----:O:_K-l1-'I. defcend but it Ihould not in fome cafes. And therefore when the law gives leave th~t a Son mayby his Fath~r~e fold to keep tht:Father from fiarving, it Ihews plainly that the Father IS JR cafes of neceffiry to be preferred.

4. And this indeed by the help of the <:ivil,laws brings t~is rule to an

infiance of Paternal power; for a Father m this law hath a right over his Ion, and can deliver him to labour and fervice for the neceffary fupport of' his helpleffe Father. This we lind done frequently,

-Ei tandem demi(JA in vifcera fen/II

Mcramcrph.B, Fi/ia rejlabat non ijlo digna parente .'

Hanf quoqlle vendit inops.

AudEII[ebiw tells it was done in the time ot Maximianus the Emperor; :md the Prophet 1mmy brings in the people complaining in a time of famine, Our fons altd our daughters Art too many, let us take cor» for their price, that we may eat and live. But this being one1y in the cafe ot extreme neceffity is not to be drawn to any thing elfe, for this power is onely jufi when it IS unavoidable .and therefore it is permitted in laws, which doe thereforefo comply with the neceffity, an~ endeayoor to lind a rem~dy,or to makeir rolerable.that In fuch cafes the Judges,lf there be a COnteft In the partlcut.r, are tied to proceed fummarily: and if a Ion Ihould pretend caufes of excufe from giving aliment to his Father, during the whole conteflation, and till the proof be made, the Son is tied to maintain his Father in the interval \ fo careful! are the laws to fecure the performance of this duty.for the omiflion of which all the world hath obferved great marks of the Divine difpleafure, expreffed in . indgmene, and particularly of immature deaths I [0

Iliad. 4. Homer obferves of S(moijiuJ

---~lj 'lOY.,ifCOJ epe'Jl'7d.'{ij)r,o"a.mJ'''''''fMvWJ~J''~:J 0; ,;,.iv,

He refus'd to nouruh his loving parents, and therefore he liv' d but a Ihort life.

,.. One particular more is to be added, and that is, if an indigent Father

·bave a rich Father living and a rich Son. although both are oblig'd to nourial him, yet it is in the Fathers power to burden the Son and [0 excufe the Grandfather; tim is, the: power which the Father hath over the Son can require this duty: The Grandfarher is equally oblig'd, but the Son hath no power over him, the law hath. For as for the thing it felf there is no other difference in it. But if the rich Father refutes he is worfe then an Infidel, if the rich Son refutes he is impious; the lirfi is unnatural, and the fecond is ungodly; the lirll is a heathen, and ttIe other is no Chriftiln ; the Grandfather hath no bowels.and the Grandchild no gratituae;the firll hath DO humanity, and the other DO Religion; fo that it is an even lay between them which is the worll: but the neceffirous Father may put the duty adually upon the Son by reafon of his Paternal power, that is, he may fo order it, that if theSon refufes he is not onely uncharitable,but undutiful! alfo, he commas two great fins;whereas the refuling Grandfather commits but one, though that alfo be enough to bring him an extreme damnation.

RULE IV.

The Fathe?s power does not extend to matter ofRe~ ligion, and perliiafions of Faith,

1'1 N the law of the x I I Tables it was written, Sacra privlltll perfetlla n;a-

nento, that the priVAte J!digion of .. famIly ]hDllld not be after d: which, ,

ciem expounds to mean that ~1I thofe to whon~ the care of the ~ather ofhb.l. de Le,;rb.

the farnily did appertain were tied to the celebration of the fame ntes , and .'

tl lawyers fay that Filii fUTIt in facriJ parentum dum funt III eorum po- A lei", hb: I. ie , J' J' .1.' l ' bil h . prererm In upate, children are within the holy rites DJ, tmr parents w Jet el are 111 vcrb.lac;a,

their power. And indeed .this. is. vel'ytl'ue In the Court of Confcience fo

long as their underflanding IS in their Fathers power; but that IS ~f all .

things lirll emancipated: when a Son can ~h.ufe.r0r himfelf, when he IS capable of malice and perverfenelfe,when he IS Judicable by extern~1 and pub-

lic laws, then he is emancipated and Iet free, fo as he,can chufe his religion,

and for that the Father hath no other power over ,him bu~ perfuafion and inflruction. For it is very obfervable that as It \VJ~ faid of the law of Mo[es,it was a Ichool-rnafler to bring us untoChrifl, fo It IS true o~ the 1m- . plrillm' domejfiCtlm, the Fathers t~vcrnment, It IS a pedagogy to bring us to

the obedience of the laws both ot God and Man: the.Fathers commands are eXltted before the laws of God or Princes doe reqmre obedience , becaufe

the Government of children is like the Government or the fick and the

mad-men, it is a protection of them from harm, and an mllltU,tlOll of them .

to obedience of God and of Kings \ and therefore the Father IS to rule the llnderflanding of his child, till it be lit to be rul'd by the laws of God;

that is the child mull believe and learn, that he may chufe and obey \ for fo

we fee'it in the baptiling infants, the Fathers and Sufceptors lirll, ch~fe the

childs religion, and then teach it him, and, then he mull chu~e It himfelf

For the Fathers authority to the underfbnding of the, child ~s but like a

falfe arch or temporary fupporrer, put under the buildins till It can lland

alone: and it onely hath this adval~tage,. that the F,ather hath the preroga-

tive of education the priority 01 poileflion, which how great It IS ~I! the experience of th~ world can tell. But that this is pa,re of th~ Paternal

power is evident, becaufe no child is to be bap,t1Ze~ Without his ,Fathers .

will. A Turk,n Jew, a Heathen can reckon their children 111 SdcrtJ,Pllre?,-

tum " they have power,anatural and proper power to ?re,ed up their chil- • Partormtr.ln dren in what religion they pleafe.bue not to keep them lfllt\~or ;hei \~~ef~[.f.~~~~.c~"" they can chufe they are under no power of man, God onely IS t ie 01 ~ Baldus in I. th underflanding i and therefore it is no difobedience it a ?on changes his item in p0<CFJ~hers religion, or refutes to follow his Fathers ch~nge, tor he cannot be :,:~~:',d' JU. injur'd in that where he hath no nght and no autbority.

l. But this is fo to be underflood that the religion of the Son m_ull: at no

hand prejudice the Fathers Civil rights, fo that he mufl not qUI~ Ius Fathers houfe, if he be under his Fathers power, and ~y the laws ot his cou~try be eblig'd under that government. Vigoreu! in his Sermon ~f, S. ft!arttn, tells that S Martin being but a Catechumen and yet unbaptiz d did iide

'. abi e

-37-;--------6TL~-l~e~Vomllick.-:----BoOK HI.

-------;bide with his fa~i;~;~~dM~the~~~~ugh-tl;~~;;;h~lthens~;~d he n~:

verthelefle did all the offices of a Chrifhan, And there is in this great duty, becaufe one rig~t muft not, deflroy another; and a man may be of what religion he pleale Without doing wrong to any ma,II, for a man cannot be hindred in his perfinfion, for though he dies, ~e IS "Ii thatreitgLOn; but L10 eood reliaion does warrant the Son to doe wrong to his Fathers

, c legalriuhts. And therefore Maritlj rut« obferves of Abraham,

TH.3· om- 0

~~~:: in 0c- Perum mente Dcum 'UflJ(rdns, aentili« s scr« AverIalHS erdl-----_

He was a great hater of his Fathers idolatry and the impious rites of his family, yet he did not leave his Fathers houfe till after Ius fathers death,

Linqueret lit _redo p"lri4<, urramqtte »ocento»

pollfll,'mque domto»; 11ifi pojfqll4m morse parenw

11'fl;' (equi jam poiJe Dei jine jr'fHde licebM.

He might doe it jufily when he had no jlia power over him to reflrain him by the-cords of another juftice and a differing duty.

3. There is andy this variety to be added, tha,t when either ~f the pa-

rents is Chrulian and the other Infidel, the Son IS to be reckon d 10 [he believing parent: ~he effect whereof can be, this, t~at, he or fll~ that believes hath a rizht to educate the children in Chriflianity without Injury to the other, and the Church may baptize the children agai~ll the will of the unbeliever: and the reafon of this is, the prerogauve of God, and of Chrift who is head of the Church, and the Soveraign of all the world; for if the child is fanctified and made holy by the believing parent, the? it may be brought to Chrifi ;that fanctification of it is Chrifts feizure ot !t, it is his right, becaufe he hath made a Covenant with the parents tor themfelves and for their children.

4, This is pradis'd in the Countries of the Roman Communion to eV,il

purpofes , and if the Father be a heretic in their account, they teach their children [0 difobey their parents, and fuppofe herefy, to defiroy th~ Fathers right of power and government. Between Chriflian and Chriffian there is no difference as to matter of Civil rights; no law allows that: but between Heathen and Chriflian, fo far as the foul is concern'd, the right of. Chrifi is indubitable; for we are Cure Chriilianity is the true religion: but amongfi the Sects of Chrifiians the cafe is wholly differing, for they may both have enough to fecure the fouls of pious per Cons, and yet may both be deceiv' d in their queflion, and unneceffary article.

RULE V.

The Fathers power over the children can remit an injury done to them, without their leave or conIe Ii c.

THe reafon of this depends upon the former contiderations, and is to

I, have it's underflmding accordingly. So long as the Son is within the

Civil p;l\\,er of the Father, Co long as he lives in his houfe.is Cubject to his commJnd, is nounth'd by hi; Fathers charge, hath no dli1:tna rights of his own he is in his Fathers pofielIion,and to be reckon'd by his lllealures, a~d therefore cannot have any alliom of injllry for his own amendment.

t, Eut this is to be limited onely to the effects of law and external

Courts and trials of fight, or external actions of injury. For although a Son cannot repeat what the, Father hath legally acquitted, yet if. it ,be a perIorul a,'hon in which chanty and peace are concerned, the injunous perf",n is bound in contcience to ask the Son forgivenefle, upon the account ot S. P.Illi'S words, Follow pe.1Ce with aft men and holineffe, and,for M milch as is pof/ble liue pl,la,fbly with till men; which no man can be raid co doe who hath done wrong to a penon, to II' hom he will not doe right, For beIidcs the rel.uion anJthe communication of it's effect between Father and Son, the Sen is a perfon too, and in perfonal achons hath an inrereft naturail), and unalterably, which no fictIon ol law" no ,rUppotillon of cafe can take oft: So that all the legal and external obligation the Father may remit; hut in the perfonal there is fomething of proper concernment,

" This is alfo to be limited to an entercourfe with extraneous perf ons, , and is not true in actions between the Son and a conjunct perfon to him.

As if the injury be done by a wife, or a fpoute, or a free~ man, or a perfon endeared and oblig'd by the Son, the Father cannot rem~t any fuch In)~ry. The reafon is becaufe although by the force of the CIVt! or Municipal laws the Son be fuppos'd co be fiill in the Fat~ers power, y~t i~ fuch things he hlth Ierne peculiarity, and IS as to thofe dungs free and 10 his own power. If the Sons wife comnut adultery, the Father cannot forgive It, thOUg.'1 the Son be under his Fathers power by law I becaufe as to all perfonal aalons the Son bath a perfonal right, and fuch things have great dependance upon the law of God and Nature, and thefe dungs to fome great purpofes doe not at all communicate with the Civil laws.

4, Laflly.tlris Rule is [0 to be underfiood and pradis'd, that it be no pre-

judice to the jufi inrerefls of any other: and therefore a Father, canno~ ~o forsive an injury done to his Son, that he fl1111 be tied ~Ot to witnefle It ll1 public when he is requir'd by the Civil power ; lor J_C may concern the Coml~on-wealth that the CrimiMI be punifh'd, when It ,may be,come ~he Father to pardon his and his Sons Ihare, He may remit all With whl~h , he hath to doe, but not that which may paffe 10[0 the Exchequer. But rn

fuch

BOOK III

OJ La'fIJer'Domejfic,

fuch cafes the Judge may inquire, but the Son without the Fathers leave

may be no voluntary accufer. -

RULE VI.

A Fathers authority cannot abide after his death but the Sons piety to his Father mull, and may ;aife upon him fome indirect obligations.

I. THe Son after his Fathers death is as much lord of his perfon and his

eflate as his Father was: and therefore although all the achous which the living ~ather did, whi,eh by law or the i1ature of the thing have a permanent efIeer, ftill doe abide as they were lett; yet thofe things which are of an alterable nature, and to be adminiflred by new Counfels, and to be deterrnin'd by emergencies and proper circurnftances, or are direCtly fubject to Empire, or are perfonal concernments, thefe are in the power of the Son after his Fathers death, A Father cannot by his power command a Son [0 marry a penon whom the Father does, but the Son does not Ion:

He cannot command the Son by a jull: and a Iufficient authority never to be a Prieft, or Bithop, or a Maglll:rate : for 10 thofe things in which his own mcer inrerefl is concerned, his own underfianding mull: be his guide and his will his 1\ uler, for he alone does lie at flake whether it be aood or bad. and it is nor reafonable that he Ihoold govern who neither att~ nor Ioofes, nor knows. '" ,

2. But though the F athers authority be extinct, yet his memory is nor,

and there is piety towards the dead, and to parents much more; and of this the Heathens gave rome worthy examples, Herodotus tells tim the 1/;,nidcs; a people of Scythilt, did ufe to embalm their Fathers head, and then to cover ir with gold, 3n? ufe it for, a Divine image, and pay co it the veneranon ot a yearly f.1cnfice. ThiS they intended for an honour to their

. dead Fatlier. hut ill this there were no /ignes of obedience. Nearer to this

dcAni na ',57, was tim which Tmtllli,lII tells of the Najnmones, that they took their oracles ar the >!ral'~s of t~eIr Fathers, as Cuppofing the fouls of their Progenrtors to han lome right or care to conduct their children. But it was a

;:b, .6,., 5, pretty Ilory that vEli"'l faies the BrachmarJts tell of a certain Kin" of the /Hdid1JS that had many Sons, wh? being all of them (the yongeil: o~ely ex. ~epted) Immongerous and rebellious.at laf] drove their Father and Mother nom rheir King-come I and they :vith their yongefl Son wandnng in il:range places were quickly confirmed WIth age and wearineffe and inconvenience. The )'~ng SOil feeing his parent~ dead, burnt their bodies.and Ilriking his h~:,,~ with a fword.put the alhes lOCO the wound, by that a,'l: 01 pletygivinj 1115 parents the molt honourable Iepulrure, but with it alto ernblemaric.ulv rep,relEnting that his parents even afrer death had power uFon lllS l.e-d, an" rLac his ilc.;d ought to be Iubrnitted to them. Anu it was well ; if piety goes before, whatever duteoufheffe or obfervance comes afterwards ir c.nnot eeiiiy be :lm;[1e.

lib. 10.

or the 'Power of Fetbers 01 Families. 3 7. 3

-. ------ .-c-;---:----....:.......-...:'---'

1. Piety fomerirnes does more then Authority can. Plus pOleft palrit!

p4te/l.u in liberos qll4m lex, legiove, aut fumma Dillatllra,Cay the lawyers; A Father or a Mother can prevail, when a cOllfil1 01' a Prince cannot. Cum MArtius C4riolallus pergebat infeflo agmine adverfus Palriam, qUM itO anna {UCOII/it e m,mi6us lIifi sn« returia ? faith the Roman Ilory, Coriolantls rook up arrnes in rage againf] his Country; and no authority could dif. arrne him but his piety to his Mother Feturi«, Now this principle is a good one; but it hath no limits of it felf, but onely what we give to it our (elves by prudence, and neceffity, and the nature of the things that are to be done, But in things that are pious and prudent, 01' that are innocent. and indifferent, a dying Fathers defire, Or a living Fathers counfel ought to be cil:eemed facred : and though they make no law, yet they paffe an indirect obligation; that is, if they be transgrefled without reafon, they cannot be transgrefled without impiety. It is certain, God is pleas'd with this obedience of piety, as is apparent in the cafe of the RecJ;abites ; and fuch ~Clion$ are exemplar in a family, and make the name of Father venerable and facred ; and fometimes the neglect of a dying Fathers charge hath met with a Cad event; and-a petulant difobedience hath been a rebellion againll: the grearefl reafon, which Iomerimes is the greater by how much it ought the moretobe conceal'd, philotimm of Athem having obferv'd his Son given to amours and wandring fancies, upon his death-bed charg'd him by .11 that was Sacred and Prophane.rhat however he did refolve to pleafe his fmcy and fatisfy his impotent defires, he Ihould be Cure not to court or to fall in love with P.tgnillm, phil,timllS dies, and Phi/udelles his Son having quickly dried up his teares which were caus'd by the frnoke of the funeral pile, hath a great curiofiey to vi fit this pretty Greek tim his Father had fo forbidden to him. He fees her, likes her, courts her and lies with her; and in the firll: night of their congreife, {he bein~ over-pleas'd, told him that the infinitely preferr'd his kindneffe before the dull embraces of his father P hilotimus which had fo often til" d her. Upon this the yang man {hrts and trembles, and finds his fin and fhame, the rewards of an impious difobedience, His want of piety to his dead Father made him incefluous

in his ll1ixture~ and. impio~s in his !uil:s. Ancj PA/I{anias telling of a Fa- lib, !a. ther who meeunz his Son IR Charon's boat did then attempt to itt'angle

him, to revenge his impiety and difobedience, by this does. reprefent.what

their Ientence was concerning the refenrment of rebellion of Sons and dii:ir undecent fiubbornneire even after death,

CHAP.~.

f, And this is of Co much the greater regard, if the Father charges it

upon the Son upon his bleffing, and with great imprecations : for then unleffe the Father be evidently a light or trilling perfon, there is to be fuppofed Come great reafon for the impofirion, and then nothing can warrant the laying it afide, but a great neceflity, or avery great, good, and certain reafon to the contrary; that is, fuch a caufe as may make the contrary effeer to be infinitely unlike any image of impiety or difregard. But of this parents alfo mull: be very cautious. and not to put a load of duty upon a trifle that ought not to bear it. For he is foolifh that upon his bleffing will command his Son to make much of his Sparrow or his Monkey; and that Son is prodigal of his Fathers bleffing, that will venture it all to plea[~ his humor, and his itch of liberty.

Ii

Rutl

374

f5J Lsees Vomeflic~,

BooxID.

R U L EVIl.

Neither the rather's authority, nor the Sonnes piety can oblige them to doe an action againfl: the laws of God, or of the Father's and our juft Superior.

J THis Rule although it feems to contain in it nothiag but what is ordi.

• nary and confeffed, becaufe God is rather to be obeyed then Man, and

amongfr men the fupreme, rat,her then t~e fuperior , yet I have here defcrib'd it becaufe the explication of It Will not onely contam one great meafure ~f our duty and conduct of confcience.buc it will give the full general proportion of the Fathers power and the Sons piety, and alfo very much endear the obedience and piety of children.

c, When BiAJ had difcourfed well and wifely that God was prefent in

every place he foon after argued weakly; If God dwels in all places) his pretence makes all places holy,for it is his prefence that hallows a Temple, and then there can be no fuch thing as ficrilege ; for a chief that robs a Temple cannot cmy it out?f a Te~ple, but by carrying it into another.

lib .• "P,7, And upon fuch a trick as this fome 10 A. GtUIIU did ar&ue that we were not to obey our parents. For, either, they command that :V,hich. is good,or chac which is not good,: If of It felf It b~ g?od, then for It S 0\\ n fake we are to doe it, not for their command; but If It be not good, then though they doe command it it is not to be done at all. For thefe men fuppofed, there IS neceffity an'd holineffe in every lawful! action, as the other did Iuppofe

. there was holineffe in every place of Gods abod,e. ,But this Sophifhy IS quickly difcover'd. For betides that every thing ,IS not neceflary to be done becaufe it is good, but many are lefr to our choice to doe or not [0 doe them there are many tflings alfo which are nor good in thernfelves, but onely bec~me fo when they are commanded: In hoth,there cafes the authority of our parents is competent. For If they be 111 rhemfelves gOJJ but not neceflary, by the command of our parents they are made neceflarj and pafle into a law. But if they be not good ot themfelves, but when they are commanded become good, then alfo they become neceflary. A. GeOius infiances,i» miiitiAm ire,rus co/ere,honores c~ptfare,c.ufas dtfendm, u:~Of(m ducere, uti jutJum proficifci, IIcarjitllm vmire,.to goe l~tCl the country or to flay in the city, to Jive at court 0: to live III your tarm, to take up arrnes or to be a merchant, to marry a Wife, and to come when yo~ are called, and to work in the vineyard, rhefe things of thernfelves ar~ Inno-.

iJ,mibio. cent and harmlelTe, but not necdfary of themfelves , propUrell in lJllfmodt omnium rtrum gmeribuJ patri part,,~um t((e, In afl_lhmgs of.thlS nature Ifl sre t» ~beJ '11, FAther. But adde this al(o, that If It be ot It felf a duty, and of that nature that it ought to be done jive impmt Pster; five ~OTl imperet whether his Furher commAnd or nI, yet even here alto the Fathers comma~d is of great authority and great effeCl; for it addes a nel': law to the old comrnandernent, and therefore the difobedience is guilty of a new Iinne.

But

or the 'Pol1Jer o.f Father J of. Families. 27

'J ;l ~

.~----------~~

~', But in things dilhone~ and impious the Father hath no authority to

g:ve a comrnandernenr ; and If he does, the children are bound not to obey. It the Father commands the Son to marry a, wife, to plead a cauCe for the g~il[y, obfequOI,dllH1 eft; there IS no more to be Iaid, the Facher rnuf] be obeyed, Bur If he command the Son to marry a harlot, an impudent woman, a drunkard, or ~o be an advocate for Cstiline or cua«; for Rtl-

,,-,diu or Gliido FIt"',(, he IS not co be obeyed, quolJiam academe aliquo IlIr- , . pilI/1"m ~/lme:o,dejil'Ju,nt efTe per foft k4C, media & in~ijfereYJti4, When any A. Gell. Ibid turpitude IS mingled With the action, It IS no kmger mdijfereDt, or [ubjeCl

to command. And therefore we find Acrl/ailis commended among the an-

:: cienrs becaufe w,hen his parents had requir'd of him to doe an unjuft

" ~ hing, he anfwer d, I know that you are willing I fhould doe that which

IS J.uil:, tor fo you caught me to doe. I will doe therefore that which you II delire I lhouJd, but what you bid me I will not doe.

4', And y~t if a Father command~ an unjufi thing, his Authority is not

IIJlOIIy noth!ng. For fir~, though It n;tufi not be obeyed, yet it mut] not be diihonour d, nor yet rejected bu~ with great regard. f2.!!,td4m erre parmdllm,qlllldAm I'!OII obfc'lllelldllm, Iaid fome in A. GrililIS. Sed e~tllmellqu4 '~foqll'. non 8porta, Ifllmr &. vertcullde, ac jine dttejlatione nimie; jine op. prObr4fIOlU acerb" reprehmjiol'JlJ d6ClmamJ,z fenjim, & relinqlltnda etJe dicunt, qll4m re/jlJlendA. ,~hat IS not ~t to be obeyed, muil: be declin'd and avoided rather then rail d at and. r~Je~~d \~Ith reproach, Etiam in 60na caufa plu IIplld p sremes debu IJ/lm,l/S effe orlltlo, Iaid Sa/viano When a Son denies his FJther he mull doe it with the language of obedience. Such as was the

anfwer of Agejilam to his Father when he would have had him to give PI ,.

' • , II: h vnrch. 1.0, jucgemenr agam t. ~ laws, A tt,Pater,4 PUtrO didici parere legikHl, qllllm- de Vj,jo[' vere

obrfrJ~ nun: qIIOq"( flbl obtempero,cavem ntqllid faciam pr4ttr '~~es, Thou cunJ.

hlft from my childhood, 0 Father, taught me to obferve the laws; there-

fore even now alfo I obey your command, becaufe I take care not to break

[hem. For whatfoever the command be? yet the authority is venerable;

I~ the c0ll1m3~d be unholy, yet the,perfon IS facred, Lilert« &, plio ft"l-

p,r Iiollejld ci fdlIC7a perfma PAlm & Patroni 'lJldm dd)(f [aid Ulpi4n

Tile perf on of a Father is always honefl and venerable to the'Son and Io i;

that of a Patron to his freed man. '

j" 2. Though thecom~andis,not to be obeyed in things dilhonefi,yet

c),at then alfo the Fathers authority hath In It Come regard appears by this, chat If a Son tranfgrelTes the law by the Command of his Father, his punifhrnent IS fornething the more eafy upon that account thouzh the offence be gre;lC, I •. fi». de bm. damn. But if the offence be li~tle, ~e is wholly excus d fairh the law, l.ltberoTJI,?". §, fin. 6- foq. de his qui no. i»j:tm. Thus if a Son ~y the comman~ of his Father marnes a widow witliin the year of m~urlllng, he does n?t incurre infamy by the law, fay the Doctors, reO, tllllll »01'1 erediter qNI obfequifllr Imperio Patri; vel Domini faith the law. and rtnia Jign~s eft qui obtemperavit, faith Ulpian: If he did obey th; com~and or hiS Father, he IS to be pardon'd, it was not his own will , tha~ IS, not his abColutely, but 10 a certain regard, and in a degree of diminunon,

6. 3. The Fathers authority hath this effectalfo upon children, that if

the Father does wrong, the Son mull: bear it as long as it. can be born: and

Ii 1 therefor".

OJ Lawes Vomeftic,

BOOK HI.

therefore the Son ?lay not goe to law with .the Father, and complain of him to the Judge, without leave from both their Superiors. For if by any means the Son can make the. Father lelfe then he is, it will deftroy all duty, and difpar k the inclofure which Nature and the l~ws bave made with fear and reverence. But this hath a double confiderarion, the one in Religion and the other in Laws. '

7. I. In 'Religion we arc to confider not one1y what is lawful! in the pre.

dfe qneftion, but what is to be do~e in the whole complication and practice of it. For if the Supreme can give leave in Iome cafe for a Son to complain of his Father' to a Judge, then in fome cafes it may be lawfull to doe it, that is, ia thofecafes in which the law hath fpecified and reftrain'd the Paternal power, in thole things which the laws call exceffes and injuries and which indeed in themfelves are cruel and intolerable. For in fuch cafe~ the laws are a guard and defence to the opprelfed Son; concerning whom although it is fuppos'd that the Father takes fnfficlenr care to keep him harmlelfe, yet if the Father does not, the law does: and the law does indeed allow the greateft power to Fathers, becaufe it preCumes it will be for the childs good; but becaufe there are Iome perfons whom no prefumptioll can meafure, who are Wicked beyond all the ufual temptanons and infirmi-' ties of mankind, therefore even in extraordinary cafes there muft be fome provifion , and therefore it !s not to ~e fuppoCed that it /ba.ll for ever be unIawfull for Sons to complain of their Fathers to the Prince. But what thofe cafes arc we can be taught by nothing but by the laws themfelves, and by our own natural neceffities, We muft cry out when we cannot forbear, and we muft tbrowoff the Burden under which we cannot ftand . onely we mull: not throw it o&: as a wild horfe does his load, and kick i~ with our feet, but we mull: lay 1C as gently down as we can. Thus if a EIther refufes to give alimony to his Son who cannot be otherwife provided for, the aid of the Prince or any Cuperior that can rightly give us remedy may be implor'd. If a Father beats his child til! he lame or difmember him, or endanger his life, the Son can be remedied,and without breach of duty can implore it. So long as a child is in his Fathers houfe, and under his Fathers power, thefe are the onely caufes in which he can be allowed legally to complain : becaufe in all other things he is intirely under his Fathers power. But when he is emancipated, and quit from his direct authority, which the Lawyers fignify.by the power of Ca.ftigatiol1 then the Son hath diftintl: rights, and in them becaufe he can be injured' there are

more caufes of difference. To this therefore the anfwer is, '

8. That .in mltte~s of contraCt,. in little. injDll:ices, in any thing that is

tolerable, !D Iuch things the fU~erlng. of which can confift with charity to our felves and piety to our relatives, If a Son does contefl with his Father at law, it may be it is no proper aCl: of difobedience, and there is nothing of rebellion in it againft his juft authority; but there is alfo as little of piety; efpecial!y if we confider that fuch contefls at law are extremely feldome manag'd with ordinary charity, and never without the greateft reproach on one fide, and fcandal on both: and if the Son can fecure that on his own part, yet whether that feeming undutifulnefle, and more: then feeming want of pious and loving regard, may not exafperate the Father into angry curlings and evil thoughts, is a confideration of religion which ought to be taken care of by all that would be Innocent. There is net one of a thou-

, fand

377

ihnd that goes to law at all but he runs into [0 many temptations that it is very hard tor him to doe right and to doe nothing that is wrons : but not one in ten t houfand can juftify his caufe and his perfon too, ifhe g~es to law with a Pather, AnJ he ~vi~1 for nC1 caufe fuffer wrong at any mans hands rhar WIll take n? wron,g of ~lS Father ;and he that does Co) Will give but an ill account of his Chriflianity.

9' ." And there ,th,ings appear the more by reafon of the open dillikes

which the Law profefles agamfi Iuch proceedings. For look at this thing in Law, and we find [hat the laws exprelfe the Sons obedience in univerfal terrnes ; oml1ibus qu PMer imperat parmdll11f, Sons mull: be obedient to their Parents in alt things. Now if the difpute be betwixt our obedience to God or [0 our p.ir~nts, it is an ill cafe , we know,whom we are to obey, but the difpute It Ce1f IS not good; and the very making 3 quefhon of either is a difadvanrage to the honour of both: and therefore the Law, which. never Iuppofes a queflion to be between God and our Father, does not think it fit to make this to be any exception to her indefinite termes \ and therefore Tiberi/IJ laid it without a limitation, Filium non porre detrel1are juffa Patrio; and TtlrmlHgainfi TaTiItlill raid fummarilyand dearly, NIIUa", hrlviorem {fJl coglfiti9nem quam qru illl" P.strem & F ilium, paucifque nur~is tranfigi FofJe ; Ni pareal Petri; hAbendtt11f ill[ortul1illm, Betweena Father and a Son the proceeding is Ihorr, and the cafe quickly fumm'd up; Either let the Son obey, or let him be punilh'd. And the law accounts it a diminution of fuch Cupreme authorities, to have exceptions and refervations exprefs'd in the firfl provifions of the law; and the very making God and the Father to be the oppofite and cornpar'd perfons in the queflion, is to leffen them both. In comparatione perJonam11l inefl l£jio & injuria, fay the Lawyers; There is fome wrong done when you compare two Eminencies. Therefore in this cafe, if ever any fuch thing does happen, withOUt difpure we knoll' what we are to doe: but it is not good that the laws fhould take public notice of it beforehand ... But if the q*ftion be be, tween the Father and the Son, the law is fa great an enemy to all fach queIlions, right or wrong, that the law judges for the perf on of the Father, even when it does not like the caufe, It does fa in the cafe of all Superiors in Iome degree, and therefore much more in the cafe of Fathers. :;IIS quod deprimitllr, .«Iiferlllr; if you leflen the authority, you take it away; and then you doe injury, though by doing of right. When Accia Variola queflion'd her Fathers Teflament.becaufe he had left immoderate Legacies to her Mother in law, the Fathers of rich families were prefenr in gr~lc numbers, and the Sons of thofe families attended for the fentence in great and anxious expectations, looking which inrerefl lhould get the advantage. But the Judges very wifely left the cafe undetermin'd, becaufe it was hard on the Fathers fide ebut they were refolved never to leave a precedent. in which the children Ihould be in any thing Iuperior to their Fathers: or that as Death and Love chang'd their quivers, fo.old age fhonld be reckon'd as void of Counfel, and wifedome and prudence fhould be the portion of yong men,

ti3 RUtl

BOOK 111.

Ru LE VlII.

It is not lawfull. forC~ildren co ~nter into any lafting Courfe of hfe agalnl1 the will or approbation of their Parents.

1. THis Rule contains two great Cafes. The firft is concerning theftatrs of Religion; the other is concerning the ftates of Civil life.

z. I. It;l not law/""tor childre" til t.ke the", anJ rtligi01l4 'flOWS, or ent«

into any of thofe whic are called flates of Religion, viz. to take upon them the flare of fingle life, to be Priefls, Monks, Friers, Hermits, or 3ny thing of the like nature, ",itb,ut the co.JUd of their Pare.ts.

3. ThomAS AquinAS entred into the D""inican Order ,and became a Frier

withoue the confent of his parents: and that unjufrifiable aenon begat a more unjufrifiable dodrine, PDjI UnlS pUItTWil po({'e liheros fe 'il1It,re/ia, ' e, quo 88. gillnil obligare, ""fq.e VIII,mtllte p"tnt."" That !fer 14 years of age or art. 9, the firll: ripcndfe, it is lawfall for children to take upon them the vows of Religion, whether their parents be willing or unwilling. And after his time

it grew into a common doctrine and frequent practice ;and if a Monk could ]!,}}",I. •• de perfuade a yong heir.or a pregnant youth into their c1oyfrers, they-pre!lion"his,c. tended to ferve God, though certainly they ferv'd thcmfdves, and diiferv'd 36• a family. The ground they went upon was, the pretence of the great fan-

dityof the frate Monafrical; thac it was for God and for religion; ,hat to ferve God no man thac can chafe hath need to ask leave; that if the Patbee be fuperior,.et God is the fuprmte;chatit is COrb4' ;that if the yong m3ll or maiden be given to God, he is given [0 him tbathatn more right to him or her then his parents; that religion in all things is to be preferr'd ;:mil that although the parents have a right over the bodies of their children, yet of their fouls they are thernfelves to difpofe, becaufe theirs is the biggefr intereft and concern : and whereas God hach commanded to Honour our Father and Mother, we know that Gad is our father, and theChurch is our Mother; and what does accrue to thefe, is 00 diminution co the go thers right.

4. Againft all thefe fair pretences it is fufficient to appore this one truth,

That Religion and Piety cannot of themfelves crofie each other, but may very well ftand together, ~nd nothing is better then to doe a nece!fary duty. And there needs not much confideratioo to tell which is better,ro make our love to God and QUr-love to our Parents, and our duty to them both [0 ll:and together, or to fight ODe with another. God intends theora, that is certain, for he is not the author of divlfien, nor hath he made one <rood contrary to another, For if one be fer up againfr another they are, both fpoiled. For that duty that goes away is loft; and that duty which thruft it away hath done evil, and therefore is not good. If therefore it be pollible to doe our duty to our parents and to love God greatly at the fame time, there needs no more to be faid in this affair, but that we are to re-

member

or the Power of Fathers 0/ Families.

---'--~--

member that a man may greatly ferve God, and yet never be a Frier or a Priefi;and (hat allowing or fuppofing that thefe are great advamaees or ra-

ther e~gagements o~' dllt~, yet it is certain that no thte of perfe'tti~n can

.be fet forward bydomg evil land he enters ill into the ftate of perfetl:ion thac

pa!fes i.nto it by the door of Undutifnlne1fe.

5. Now then, we are -certain of this, that Parents have the lirll: right,

and the fi~ft pofi'e1fton, and thar to difpo!fefie anyone of his rights againfl: his ~J!I IS great InJufilce, .~d ther,efore that ~o e~d can fandify it ; and that It would be a firange religion wljch teaches Impiety for pious confiderations: and therefore without !u~ther inquiry, it ,follows that a Son may not upon any pretences of a religious manner and circumflances of life Iubdua: Iiimfelf from his Fathers power, and put himfelf under other governments with which his Father fhall have nothing to doe. A Son hath no power over himfe1f, for he belongs to and is under the power of another; & therefore if he does fuh~ud himfelf, he,is undutifull.and impious, & unjufr, and does not Honour his Father and his Mother. But he that does per-

fuade the Son from his Fathers houfe into a Monaftery, is rtlll Plagii,he is ,

a Maa-flealer, !1.!!i Plltr; tripit filiu"" eaucillpri alu",lIu",> DImino fer- adverrMmion.

vu"" De» effie;t i",pitl"" ealleatori ingralu"" DomiN' nequ""" faid TeFI.I-

liAlI, He that debauches a Son, a Pupil, or a Servant, and fnacches them

from their Father, their Guardian, or their Lord, makes them impious,

inir~tefull and vile.. And becaufe this ~vas done by fome UpOD pretence

ot piety, the Council of G all~rll forbad It upen a curfe, ~jculllJfI.t filii Can. ,6, .I parenti/illS prlftextll Di'flini cult.! "ofteaunt,1Jec 4ehit"", rl'llmnti.", i",penallfll,iUis .... anathellla fint. Pretence of the Divine fervice is no good warranty for difobedieoce to parents; and they who fo negleCt their Fathers bleffing, will meet with the curfeof their Mother. And this Canon was

cited and renewed in the lixeh Council of c,njlantillo!le. "-TlJe.(;ounci1

of TrioNr forbids expre1fely a yong maiden before twelve years of age to

enter into a Monaflery without the conCent of her Guardian. Gratillrl

citing this Decree.addes fomerhing of his own; for it is not known whence

he had it, except from the degenerous and corrupt pradices of his own

times. S i oer» in f"li"j Iftille IfMlefcens vel.a,ltfcentul" ftr'flire Dell tIe-

gerit, 11071 ejipoteflll4 !"enliblls p"hi~eIlJi, If the yong man or maiden be

of greater age, the parents have no power to forbid him: which is a claufe

which is not to be found in the Codes of Councils, in any editions old or

new. But when Monafiicallife had reputation and fecular advantages upon religious pretences, then the advocates and promoters of it were willing by

rignt lind wrong to fet it forward. But the corruption is plain, and appa~

renrly againll: rhedodriae and praCtices of the Fathers of the Church.

6, S .• A",hro[e and S. b 411ftill fay thau Father or Mother ought Dot CO '_Iib.J.d,Vir'

hinder a fon or daughter from enning to a Monaficry. But then, things i'~pi1t. <09. were fo ordered thae the entry thither was not a perpetual bond,but a going 110. thither as to a Chrifrian School, a place for inftitutioa and holy praCl:iCe,

and from thence they might return when they would, they might ferve

God and their Parents too : the profdlion of a Monk was then lloihiog dre

but prife.e liber4que vi/If lie p.re ChrijliaTl .. muitat;'jl. meditatioa and in- sd Aug,.ipHI. fritution of a Chrillian life according to the rak of the Primitive timp1ici- ~o!~~'f". ty, liberty and devotion. But befides this, though they emOTt parents

nor to hinder their children, yet they affirm thauhey have power to doe Ir, '

Ii 4 and

179

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