CHAP. I. The Honour of the Sacred Function vindicated by Scrip­ture, Reason, Equity and Fathers.

THe second Head to be treated of, is the Respect and Honour due to this Sacred Function, which the Spirit of God is not sparing, or backward in asserting, knowing the malice of Satan, and the depraved Nature of man prone enough to vilifie it. And therefore that none might plead igno­rance, we have repeated Precepts scattered up and down in sundry places. In the 2. Philip. 29. the Preachers of the Gospel are commanded to be had in honour; and 1. Thess. 5.12. to be esteemed, and Reverenced [...] exceeding abundantly, the Original being scarce to be expressed by a Translation. Now the grand design of all this is, that Christ may be advanced, for the re­spect shown to the Servant, redounds to the Master, who will one day own it, inasmuch as ye did it unto one of these Little Ones, [Page 35]ye did it unto me. The Honour and Preferments you conferred upon them, I take as done to my self. I wonder what answer our Clergy-Haters will return to such clear Texts, certainly they must borrow that Glosse of the Learned Canonist, Statuimus, i. e. Abrogamus: for their practise puts no better a Comment upon those words of S. Paul, Honour those that are over you, i. e. despise them, revise them, and take away their maintenance. It has oftentimes saddened my soul, to see many who pretend to higher Dispensations, a more eminent degree of Sanctity then their Brethren, to place much of their Religion in scorning and revi­ling the Embassadors of Christ, as if they did him service when they cast dirt in the face of his Ministers. But he will at last give them slender thanks for their preposterous zeal.

We have the Great Apostle of the Gentiles for an example, that boasting does not alwaies misbecome us: and doubtlesse, if ever it were seasonable, now is the time, when this Art of Arts the Government of Souls, is so much trampled upon. Scholiast. Pin­dar. Now if the Dignity of a Calling may be judged by the usefulnesse of it, which is Pindars Argument for his [...]; Where is any that dares stand in competition with this? Other Professions are variable like the Moon, sometimes dark, and sometimes shi­ning, at certain fits and seasons serviceable: this never out of date, never to be dispensed with. A Souldier is loved, or rather feared in War, but disregarded in Peace; a Physitian's seldom courted but in sicknesse, and by crazy distempered bodies; and for Lawyers, they are principally lookt after, when men are disposed to wrangle; but theres no Age, no Season, no State of Life that does not require, at least need, the assistance of a Divine.

Again, if that Profession which can produce the most Worthy Persons engaged in it (as Scal. argues) should carry the Bell, the day is surely their own. In our Corporations here, if a King be but made free of such a Company, the Society presently vaunt they have gained much credit by it: but how many Emperours, Princes, and Nobles, may be instanced in, that have not only listed them­selves, but actually exercised the Office of the Ministery. Spelm. Ep. Ded. ant. Con. Cambd. Brit. p. 98. Capgrave reckons up at least a Score of our British Kings and Queens, that left their Scepters, and betook themselves to Religion in those fertile Ages of Royal Saints. Peruse the holy Re­cords, [Page 36]we have Melchisedock a King, and a Priest, Heb. 7.1 David a King and a Prophet: and Solomon, the Wisest of Mor­tals, glorying more in the name of a Preacher, then all his Royal Titles. But why stand I upon these, when Jesus Christ the King of Kings, the Eternal Son of God, thoughtit not be­low him, telling us expresly, Luke 4.18. that he was sent into the World, on no other errand, then to preach the Gospel. Here upon earth, a great Personage, that had but one only Child, would be loath to imploy him in any base unworthy calling: and may we not here safely conclude this to be an Honourable Pro­fession, which the most Wise God put the Son of his Bosom to. Let me speak a proud word then (at least some will judge it so) the Ministry is an Imployment, that the Noblest Peer, nay the greatest Prince upon earth, need not be ashamed of. Nor let any one blush to be of that Profession, which Adam, Moses, David, Solomon, nay Christ himself hath honoured.

I shall not take notice of those Rhodomontado Vaunts of the brag­ging Canonists, who compare the Clergy to the Sun, and the Lai­ty to the Moon; Though backed by an eminent Bartol. Confil. 18. si Aliqua Coll. 2. Civilian, who pronounces the Sacerdotal dignity greater then any Secular. Nor doe many of the ancient Fathers come farre behind them, who have very swelling expressions to this purpose. Hear but Ignatius St. John's Disciple, Ep. ad Smyrn. [...]; the Priesthood transcends every thing amongst mortals. And Chrysostome styles the Clergy Christs Deputies or Vice-ge­rents, presently adding, Hom. 17. on St. Mat. [...] &c. As much as the Heaven is more honourable then the Earth, and Soules then bodies, so much is the Spiritual Function more excellent then the Civil. But these straines are somewhat Hyperbolical, and must be understood in a qualified sense, with some graines of allowance.

Come to those that speak modestly and soberly. For the Jewes Josephus is my Authour, that Interest in the sacred Function, was an unerring argument, of a splendid Original, Jos. Ʋit. juxta init. [...]. Casaubon stops not there, but will have it to be the Exercit. in Bar. 1. N. 5. only Nobility (when the Line of David was eclipsed) all others though never so powerfull, never so wealthy [Page 37]being lookt upon as no better then Plebeians. Descend to Gospel times, Clericatus est Dignitas, saith Panormitan, any Relation to the Church entitles a man to honour. And he that reades the Di­gests, Basilica, or our own Lambard, will find the meanest Clergy man of no small account amongst the Ancients; the principal part, viz. the Bishops, being all the Saxon period ranked among the Greater Thanes, and in the Norman daies equal to the Ba­rons, as will in its proper place be farther cleared. For Reason, and common equity do seeme to suggest that their condition is honourable, who are immediately set apart to the service of the great God. We see how those are valued that attend upon the Per­sons of Princes, and what large Priviledges are granted by the Dig. & Cod. Passim. Imperial Edicts to earthly warriors, and shall those that fight under the Banner of the King of Heaven, for such a Title is given them, 2 Tim. 2. [...], the spirituall militia, be trampled upon, and esteemed as the Drosse, and Refuse of the Na­tion? Tis strang to see how disdainfully many in our Age think of them, and how unwilling they are to place their sonnes to this Function, as if it were a stain to their blood. When yet we read of Esay of the Royal Line of Judah, and in our own Nation we find Ethelwolfe (as Rog. Hoveden) Ethulf, as Monast. Ang. calls him) a profest Clergy-man, consecrated Bishop of Winchester, yet cl­dest sonne to K. Egbert, (no petty Prince) and after his Fathers death, second Monarch of the united Heptarchy A. 837. Come lower we have Henry de Bloys brother to K Stephen Bishop of the same See: Geoffry Plantagenet Son to Hen. 2d. Bishop of Lincoln. And that I may not waste time in such instances, which might without number be produced; Godwin. Cutbert [...]ishop of Durham of the blood-Royall of the Kings of Ireland. Nor did Michael the proud Emperour of Russia take it to be any disparagement in this last age, to make his Father Theodore Arch-Bishop of Mosco. Possevin. Nay the Princely stock of Judah did not look upon it as any imputati­on, any slur, or Alloy to them, to mingle the Royall and Sa­cerdotal blood, for 2 Chron. 22.11. Tis recorded, that Jehoiada the Priest Married the Daughter of King Jehoram, and 2 Kings 23.31. A Kings Mother is said to be the Daughter of a Priest.

CHAP. II. A large Tribute of Honour and Reverence paid by the very Pagans and Mahometans to their Priests.

SEarch the Pagan Records, you'l find they thought no Honour too high, no reward too great for those that attended the Wor­ship of their Idols. I am almost afraid to write what I meet with in approved Authours, and should be ready to distrust them my self, but that I am satisfied they were no Parties, nor prompted by Interest. Ile begin with Tacitus, who tells us that amongst the old Germans De Morib. German.Sacerdotibus, juxta ac Regibus honor habitus est. Now the Grandeur of the world consists principally in Apparel, Dyer, and Houses, in all which the Priests exceeded. We read in Stra­bo l. 12. that the Priests of Cuma-Pontus twice in a year wore a Diadem. Orosuss l. 4. c. 6. relates that the Preists of Hercules Ty­rius were ever clad in purple, and walk'd in publick adorned with Crownes. Goe to the barbarous Indians, there Varenius assures us that in Japan the Preists are clad in Silk down to the Ancles, and the Bonzius, or Chief Preist regalibus afficitur honoribus. Froius in his E­pistles addes that they all dwell magnificently, and have very large incomes. But of this Vitruvius is the most proper Judge, who l. 2. c. 8. acquaints us, that the high priest among the Trallians in habited a Stately Royal Palace. Then for their food Rosinus Rhodigin. Cicer. Orat. de Arusp. Rest. Dapes Sa­liares, Obsonari pollucibibiter, Epulonum Collegium, with their Pontifical Feasts grew into a proverb for their Prodigality. In­deed so universally great, and Reverend was the Reputation of the Priesthood, that none on earth might vy with it, being the highest any Mortal was capable of, the next and immediate Ho­nour to a Deity. Under the Law of Nature we do not meet with many Instances of believing Kings, only Melchisedeck King of Salem, in whose person, both Kingdom, and Priesthood were united, Gen. 4. Unlesse we should adde Jethro, who is promis­cuously styled Prince and Priest of Midian, Exod. 2. Now this combining together of the two Functions, was afterwards com­monly [Page 39]imitated by the Heathens: amongst whom there was ever little difference between Prince, and Priest; whence some conjecture, that under this last Notion the former received Tithes, for that they were usually paid him, may be gathered from 1. Sam. 8.15. Servius upon the 3. Enn. is positive for a generall usance, Majorum haec erat Consuetudo ut Rox esset etiam Sacerdos, vel Pontifex. Whereupon Diogenes in Stobaeus laies it down amongst the Quali­fications of his Compleat King, that he must be [...], a good Souldier, a Judge, and a Priest. Strabo is expresse L. 5. that in Aritia the Kingdome was united to the Priesthood of Diana, in Hirt. Bell. Alexandr. Cappadocia, to the Temple of Bellona. And Justin, amongst many Fables of the Jews, has this truth, L. 36. that mos erat apud Judaeos ut eosdem & regis, & sacerdotes habeant, twas a received custome with them for the same person to bear both Offices. Dion. Lib. 37. enlarges it to all Syria, that twas their manner to confound the Titles of King and Priest. The old Ethiopians, and Marsil. Ficin Praef in Tris­megist. Egyptians chose their Kings out of, at least Plato L. de Regn. permitted the Election of them to the Colledge of their Priests; who ever enjoyed the next place of Dignity and power to their Soveraign, Diodor. Sicul. L. 2. [...]. If these generals will not satisfie, let us come to particulars, and twill easily be made appear, that the great­est Potentates in the World did not think the Priesthood below them. Thus Midas, King of Phrygia, was consecrated to Or­pheus, Justin L. 11. The Lacedemonian Kings did alwaies sacri­fice in person, Herodot. in Erat. Zenophon records the like of Cam­byses, Curtius of Alexander, and Halycarnass: L. 2. speaking of Romu­lus, saith, [...], all that concerned the gods were managed by himself. In imitation of whom Julius, Augustus, and all the succeeding Emperours, both Pagan and Christian, till Gratians Zozimus. daies, retained the Title of Pont. Max. as may be seen in their several Edicts, and Coyns. Heliogabalus was not content with a single one, but to make his person more Sacred, must be created Priest of the Phaenicians. Hierodian. l. 5. Nor must the poor Indians be omitted, for in Malabar their very Kings do not disdain the Office of the Bracmans Lopez. Hist. Ind. L. 1. c. [Page 40]14. And if youl consult the Epistles of Xavier (the late Canonized Indian Apostle) youl find the Bouzii to be generally the sons of Princes and Nobles; Almeida mentioning one that in his time was Counsellour to the King.

Come to the Mahometans we have the proud Gabriel Sionita Sultan himself so far honouring the Mufti, that as often as he comes into his presence, he rises from his seat, and according to their mode, put­ting his hand to the breast, bows the head in token of Reverence, an honour which he shews not to any other Subject, and will hardly vouchsafe the like to the mightiest Monarch upon earth. Neither do the inferiour Degrees want their due esteem: for after their Mufti, they have their Cadelischers, somewhat resem­bling the Christian Patriarchs, next their Cades answerable to our Bishops, then their Santons & Talismans suitable to our Presbyters and Deacons, the lowest of whose number is highly respected by the people. Elma [...]in. Hist. Arab. Id. Then for the old Saracens tis a matter sufficiently known that with them for some 100 of years the same Person was both Prince and Caliph.

I might multiply innumerable instances to this purpose, but I shall not weary my Reader. Now let not any envious Momus imagine, that all this while I drive on a design to have this revived, and made a pattern for Christians, no, my only meaning is to put our Clergy-haters to the blush, if they have so much of vertue left as the Colour, when they see how by the common consent of Nations, which Tully calls the Law of Nature, the highest Ho­nour was ever given to the Priest. The Prince of Philosophers lay­ing it down for an Axiom, that twas a work most proper for the worthiest: Aristotle. 7. Polit. c. 9. [...]. No Peasant, no Artisan must defile these Sacred things, quia par est Optimum ab Optimo coli, & Summum à Summo, there must be some resemblance and Analogy between the Master and the Servant. And therefore, if we will be­leive Trigautius, amongst the wise Chinois, olim Rex, hodie soli litant Magistratus primarii, Regnique Proceres: No Inferiour person must come neer the Altar.

CHAP. III. Englands Respect to the Clergy.

FOr their Nobility in our own Nation, Spelman and Lambard, S [...]pelm. C [...]nc. Ep. ad [...]eg. confessedly the Ablest Pair of our Saxon Antiquaries) do avouch, that the Saxons ever reputed the Bishops equal, and in some points Superiour to their Greater Thanes, whom Posterity call Barons, and (as may be seen in Archaion. Lambard) the Laws of Ethelbert, Ina, and Aethelstan do rate them accordingly. Nay in all the ancient Charters, the first place was ever given to the Spiritual Lords. In a Donation of Ethelbert A. 605. to the Monastery of S. Peter in Canterbury, the first witnesse subscribing is Austin the Bishop, and after him several Dukes, and Earls. In a Charter of King Ina's A. 725. to the Monastery of Glassenbury: after the Bishops Beorthwald, and Fordred, we have Waldhere, Ethelherd, Umming and Winchelin, the greatest Peers in the Nation, putting their names. Presently after, in a Grant of Offa's to the Abby of Worcester, A. 780, Brordran, Berhtand, Eadbald and Eadbald, two Princes, and two Dukes follow the Bishops. Monast. Angl. & Spelm. Conc [...]possim. And at the same Kings Consecration of St. Albans A. 793. no lesse than ten Dukes, besides other Nobles, give place to the Prelates. Come down an Age Lower in the Donation of Edgar to the Covent of Glassenbury, the Bishops lead, and Elphere, Oslac, Ethelwine, three Dukes bring up the Rear. And to make an end in a Charter of Edward the Confessors, to the Monastery of Winchester, imme­diatly after the King subscribed Plegmund, and Frithestan the Bi­shops, being followed by Ethelweard the Kings Brother, Aethel­stan, and Aelfweard, the Kings two Sons, Ordluf, Osred, Brorh­tulf, Ordgar, and Heethferth Dukes: many more of this Nature might be produced out of the same Authors, and others, as standing monuments of the Clergies eminent Reputation, & the Reverence our Religious Ancestours bare to their Function. And that this may not be thought to proceed meerly from the courtesie of England, as in some other Cases tis familiar: We have it confirmed by Sta­tute [Page 42]31. Hen. 8. c. 10. where in all Degrees, and Offices are pla­ced in Assemblies and Conferences, and there the Arch-Bishop of Canterbury, as Primus Par Regni, the first Peer of the Kingdom, is ranked before all the Nobility, seated at the Kings right hand, next and immediatly after the Royal Blood, and the Vice-Gerent, and the rest of the Bishops follow him in their due Precedency according to the Dignity and Anciancies of their Respective Sees. And tis farther observable, that they are ever named before the Temporal Lords in Magna Charta, Charta de Forest. &c. Nor were they ever excluded from the greatest imployments of Ho­nour and Trust in the Nation. And to evidence that this is not spake without book, I shall subjoyn a Catalogue of Church-men (collected out of Malmesbury, Harpsfield, Godwin, Spelman, Isaac­son, &c.) that have borne all, at least the most Honourable Offices of State, and (however bespattered by some) discharged them with much integrity and repute; England owing more of its happinesse to men of this Calling, then any other. Though it cannot be denied, but some miscarriages may here and there be found, yet as few as can be expected in such a multitude: and if a man were disposed to carp, he might without much sweat, produce two for one in critically examining any other Professi­on. I shall begin with the Metropolitan, to whom this Primacy justly appertains, and take the rest in order.

These then are the Honours, which (if any humane Testimony can make a thing certain) an uninterrupted Custome, (equall to Law) which Wise Antiquity gave them through all the Saxon, Danes, and Norman times without controul, or dispute, till with­in these 20 years, since which England has groaned under this sin of despising the Embassadours of Christ, and it has been no small [Page 47]step to Preferment to rail upon them, murmure, and decry their ad­vancement, and to rank the great Trustees of Souls with the vilest Peasants in the Nation. As if there were no better way to shew love to their Redeemer, then by hatred to his servants, and respect to the Majestie of God must be evidenced by powring contempt upon such as Represent his Person. Thus Corah, and his Accomplices grand grievance, and complaint against Moses and Aaron was, that they were too high, took too much upon them, Numb. 16. They were advanced, and honoured above the rest, this was the main eye sore; but the revenging hand of God would not bear it. Nay have we not had more of the same Language, All the Congregation is holy, and one may preach as well as another. Thus would these sons of confusion have brought all to a Munster Disorder, by taking away the Distinction of Callings. The Wise God appointed it other­wise under the Old Testament, when every one was not admitted to the Priesthood. I cannot but think there were 1000 in Israel that knew how to kill, flay, and dresse an Ox, Sheep, or Goat, as artificially as the sons of Levi, yet none attempted it (in reference to the Altar) without a rebuke. And was Moses a more prudent steward then Jesus Christ, the Wisdom of the Father? Would it be suffered in Humane Societies, any well regulated Corporation, that every man who conceived himself fitter to discharge an Office, manage a Trade, husband an Estate, should presently ex­clude another legally possest, and invade his Propriety? Grant this, and farewell Government, wellcome Babel.

Let me speak it once for all, tis folly to expect the prosperity of the Nation, whilest the Clergy are in misery; whilest the Sacred Function is with black ingratitude reviled, to whose learned La­bours we owe the Translation of our Bibles, and who (under God) were the Principal instruments of freeing us from that Egyptian Darknesse our fore-fathers sate in. Is not this like the Deere Plutarch speaks of, who browsed on that Bush in a Clam, that he was glad to creep under in a s [...]orm? Certainly they are not to be esteemed worthy the name of Christians, or Friends unto the Gospel, (whatever pretences they make) that despise, and vilifie the Ministry, then which nothing bespeaks a more vile, and reprobate Heart. Ignatius Epist, ad Tral. deals roundly with such, [...], they are down-right [Page 48]Atheists, and make nothing of Christ, saies that holy man; and tis much to be suspected (if they would speak their thoughts) that too many (with Leo 10.) look upon Religion as no other then a Fable, and (with Servetus) make our Messiah the third Impostor. We know that under the Law, presumptuously to rise against the Priest, was punishable with no lesse than death, Deut. 17. For these are the Embassadours of the King of Heaven, and how Sa­cred such persons are by the Law of Nations, all Histories do abundantly witnesse, and that small Indignities offerd them, are highly resented the Ammonites are a lasting Testimony 2. Sam. 10. Florus. and proud Corinth for no other reason burnt to Ashes by the enraged Romans.

CHAP. IV. The Clergies moderate engaging in some Civil Affairs pleaded for, and justified.

BUt tis feared the former Discourse has given offence to some prejudiced parties, therefore to remove that stumbling block, and to make way for what follows, twill be requisite a little to enquire into that perplext, and long-debated Point, Whether and how far Spiritual Persons (with a Salvo to their Function) may inter­meddle with Temporal Matters. And that this has bin no new thing, or peculiar to England (which was never esteemed the Paradise of Priests, as the report goes of Leige) is manifest to every one that is the least acquainted with Sacred, or Prophane, Ancient or Modern stories. If you examine the Pagan Records; Amongst the old Gauls and Britains, the Druids upon the matter managed all af­fairs: De omnibus ferè Controversiis publicis privatis (que) constituunt, & siquid admissum Facinus, si caedes facta, si de haereditate, de Fini­bus Controversia, iidem decernunt. All Actions Real, and Personal, all Causes about Life and Death were brought before them as Cas. Com. [...]. 6. one assures us, who had reason to know them. NOr did the po­licy of the wise Egyptians vary, for [...], as Aelian Var. Hist. l. 14 c. 34. witnesses. And that the Persian [Page 49] Magi had the highest Seats of Judicature, were ever Privy Counsellours, and interested in publick Transactions Philostratus L. 1. de Vit. Apollon. informs us. Twere easie to make this good by a particular enu­meration of all other Countries; but I leave the Heathens and proceed to the Mahometans, with whom what prodigi­ous Power the Ancient Caliphs of Babylon had, and others still retain, any one that will but take the pains to look into El­macinus Hist. Sarac. publisht by Erpenius may soon receive satis­faction.

If we look amongst Gods own People, before the Priesthood was confined to a Tribe, some 2500 years, the First-born was en­trusted both with Religious Worship, and the Administration of Justice, Moses being Priest as well as Ruler. And that he ap­pointed the Priests Over-seers of all things, Judges of Contro­versies, and Punishers of Malefactors: Josephus, who saw the Precept reduced to Practice, tells us expresly L. 2. contr. App. Then who knows not that Ely and Samuel, the Lords Priests were at the same time Civil Judges in Israel. Chytraeus makes three Con­sistories among the Jews, of all which the Priests were principal, and essential Members, 1. a Triumvirat in every City, wherein mony matters, and lighter trespasses were decided, Grot. in 5 Ma. 21. these Grotius styles Pedaneos Judices. 2. The little Synedrium consisting of 23. wherein Capital Causes were determined in the Gates of every City. 3. The Council of State, or Grand Senat of 70 Elders which some make to consist of 71 taking in Moses, others of 72.6. out of each Tribe, the High-Priest being commomly of the number) with the Elders excelling in wisdom and I earning, chosen out of the Levites, and Assistants out of all Israel. Now that the Priests and Levites were elected into this Great Sane­drim as well as the Princes, if I say before them Exercit. 13. c. 5. Casaubon will bear me out, who makes it appear out of their best Authors, quod hujus Concilii ea fuit Institutio ut sifieri possit, è solis Sacerdotibus & Levitis constaret. The Constitution of this standing Council was such, that as neer as might be, the endeavour was it might consist only of the Priests and Levites: whence Josephus and Philo oftentimes under the title of Priests understand the Sanedrim. Philo de vit. Mos. [...]. To which I might adde that Political Axiom mentioned by Josephus as derived from Moses, [...] [Page 48]The King was ever to take the advice of the Priest. See Schickard de Ju. Reg. Theorem. 2.

Come down to David, whose Government was a Pattern to all his Successours. His Raign was peaceable and flourishing, nor did he want Statesmen of the most raised abilities for his imploy­ments. Yet did not this Wise, this Holy Prince think it incon­sistent with the Sacred Function (which yet St. Austin tells us was Operosius Ministerium in some respect then that of the Gospel) to engage Levites in his weightiest Secular Charges. Thus we find Hathaliah, and his Brethren appointed Officers on this side Jordan, not only in all businesses of the Lord, but in the service of the King. And Jerijah another in holy Orders is made Ruler (Plenipotentiary) over the Reubenites, the Gadites, and the half Tribe of Manasseh for every matter pertaining to God, and tis added the Affairs of the King likewise, 1. Chron. 26.30.32. Nor was he singular in it, but is imitated by good Jehosaphat, who made the Levites and the Priests Judges of all the Controversies in Israel, not excluding matters of blood. 2. Chron. 19.8.10. Now run over the Catalogue of all the Kings of Israel, there are hardly any to be paraleld, I am sure none that went beyond these: None whose Government did more prosper with righteousness, Justice, and Tranquillity. And though under the rest of the Kings we have no expres mention of the same practice, yet all things con­sidered, we have more reason to conclude it held then the contra­ry: for we find Jehoiada the Priest chief Counsellour to Joash, 2. King. 11. Look into Later times, after the Babylonian Capti­vity, the Priests command all, and possesse the Scepter for some 100 of years; the Joseph. L. 13. c. 9. Assamonaean Race being absolute Princes till Pompey's Conquest. I might farther remark, that many Civil Causes are by name reserved to the Levitical Cognizance, as Inquisition for Murther, false witnesse, &c. Deut. 21. Yet do not the Preachers of the Gospel pretend the least to these priviledges, though, methinks, making fit allowance to the difference of times and persons, the model prescribed by God himself may safely be followed in some circumstantials.

But leaving Moses let us come to Christ, and see how Matters stood under the Gospel. Here though we have no instances in the [Page 49]New Testament of Honours conferred upon the Apostles, yet have we Prophesies (unfullfild till then) that the world should be con­verted, Kings become Nursing-Fathers, and the feet of such as brought glad tiding be beautiful; which Com. in 49. Esai. Calvin and others apply to the bounty and Munificence of Princes to the Church. For the first 300 yeares, what could rationally be expected from professed enemies, whilest the Persecutig fury lasted, whilest every Country flamed Taedâ lu­cebis in illâ, qua stantes ar­dent, qui fixo gutture fuman [...] Juven.with living fires, and dismal sights of burning Christians: in this calamitous deplorable estate, no other honour could be lookt for save that of Martyrdome. But no sooner was Gentilisme abolished, then we have a new smiling face of affaires, under the happy Raign of Constantine, the Churches Patron, and the Glergies Friend. And henceforth the Primitive Piety was not wanting, who thought no Honours, no powers misplaced upon their spirituall Fathers, for whom they judged nothing too dear. All Histories ring of Con­stantines Kindness to the Clergy; by whom the most weighty af­faires of the Empire, in his daies were happily transacted. And most of his Successors wrote after the same Copy.

It were easy to muster a little army of holy Fathers engaged in secular imployments, We read in Zozomen l. 6. c. 32. that Epiphanius Bishop of the Metropolis of Cyprus a personof singu­lar vertue, Prudence, and Piety [...], was busied in Political matters. Theodoret l. 2. c. 30. reports the like of one Jacobus Bishop of Nisibis, or Mygdonian Antioch, Theodor. l. 4. c. 13. that he was [...], Bishop, Governour and Captain of the same City. Nay the warlike habit of Eusebius Bishop of Samosata is commended by the same Authour, the Church receiving benefit by it. And Baronius mentions John Pa­triarch of Alexandria, A. 610. that twice in a week his manner was to sit and Judge between those that were at variance, and re­concile them: Once when none came to him, he departed weep­ing that all the day he had done no good; but Sophronias replied that he had more need rejoyce, having brought the City to such order and peace, that they were more like Angels then men, have­ing no differences left. A rare example to the immortal credit of an Ecclesiastical Judge, Sir Thomas Moore commanded it to be sco­red up as a wounder when he had cleared one Sir Thomas Moores life. Court, but here's a populous City, (hardly short of any in this nation) reduced to a perfect Vnity.

But I shall passe by such obscure Names, whom twere endless to reckon up, & select only a few, whose eminent Labours have Eterni­zed them to Posterity. Ile begin with St. Ambrose, who florished A. 378. and to his conduct, and prudence was the entire goverment of the great City of Milain entrusted. S. Aust. complaining that he was a long time kept from accesse to him, Confes l. 6. c 3 secludentibus me ab ejus aure, atque ore Catervis negotiosorum hominum, quorum infirmitatibus ser­viebat, whole troopes of Suitours about him, to dispatch their worldly busines. The next shall be Cyril Patriarch of Aelxandria, who besides the oversight of the Clergy, had the Soc. l. 7. c. 7. management of Temporal affaires in the City. Though tis confessed the Hi­storian passes some censure upon it, but the Reason is easily dis­covered, because his Darling Novatians were a litle retrench'd by it. The Third shall be the great African Light St. Austin, who Ep. 147. has this passage. Homines quidem suas seculares causas apud nos finire cupientes, dum iis necessarii fuerimus, sic nos Sanctos & Dei servos appellant, ut negotia Terrae suae peragant, aliquando aga­mus negotia & salutis ipsorum, non de Auro, non de Argento, non de fundis & pecoribus, pro quibus rebus quotidie submisso Capite saluta­mur, ut Dissentiones hominum terminemus. He was every day sol­licited to make up some breaches about Cold, Silver, Land, Cat­tel &c. Yet where shall we find a more painful Preacher then this Father, where any more engaged in contests with Hereticks, or any that left a larger Legacy of his learned Labours to the Church? My last instance shall be Gregory (with whom some close the good Popes) who makes sad moan, Greg. mag. Ep. 5. sub colore Episcopatus ad saeculum retractus sum, in quo tantis terrae curis inservio, quantis me in vità Laicâ nequaquam deservisse reminiscor. He was never in all his life, so incumbred with worldly businesse as after he came to be a Bishop. But afterward she addes, etsi cogamur ter­renis negotiis intendere, mens tamen nostra saeculari varietate non de­lectetur, sed tota in unum currat, atque consluat finem. Though he was forced to do this for the good of his people, yet he took no pleasure in it, and his mind was taken up with better things. For all agree that these must not be undertaken out of love to them, but Christian Charity Aust. de Civ. d. l. 19. c. 19. but compassi­on towards the Oppressed Greg. de Past. Cur. p. sec. c. 7.

Now these Imployments were conferred upon them, not as [Page 53]Bishops, but as Subjects more eminently Qualified, withal the advantages of humane Literature: But Three there are in which they did principally engage, and which may seeme most agreea­ble to their Coat. First, to be in Commission of the Peace, and to speak impartially, who fitter for such a work then they, whose busines, whose study tis to reconcile those that are at variance. And this was the great Design of the Ancients, though it began at first in a way of Charity, yet being found profitable twas upon ma­ture deliberation by the Christian Emperours confirmed, judging no persons more likely to advance the publick service in this ca­pacity, then here and there some choice Ecclesiasticks, whose in­spection would both quicken, and awe the Laity. This being then an approved Maxime, None so proper to make Peace, as they whose duty tis to Preach Peace. All I wish is, that the covetuous feares of some interested persons, jealous Least such a Christian unexpensive ending of differences should keep their Courts, too empty &c. give not a check to the Reviving so Primitive, so hopefull a custome.

Secondly, To be of the Privy Council, where frequently Cases of Conscience, relating to State-matters may arise. As suppose there be a consultation about a Warre with Foraign Nations, the lawfullness, or unlawfullness whereof must be judg­ed in Foro Conscientiae, and the thing will not bear so much delay as to Summon the Prelates together for advice, nor Reason of State allow it to be so much publish'd. For want of such Religi­ous Counsellours, Princes may oftentimes be rashly entangled in unjust Massacres, and innocent blood be spilt. Now to prevent this, the Godly Prudent Princes, both of our own, and other Nations, have ever admitted some Spiritual Persons to their Coun­cil Tables, and Closet-debates. Tis recorded of Constantine, Euseb. Ʋit. l. 1. c. 35. l. 4. c. 56 that he would never dispence with the absence of some of his Bishops, not at meales, making his Court as twere a Church, not in his journeyes, nay that he took them along with him in his War­like Expeditions. And Pet. Blesensis in his 84. Ep. to Alexander 3. excusing the Bishops of Winchester, Ely, and Norwich, proves at large, that tis lawfull for Prelates to be in the Courts and Councils of Princes for sundry important Reasons.

3ly. To be imployed in publick Treaties and Negotiations of Peace, and this both the Antient, and Modern Practise will ju­stifie, that none have been more frequently, or more successefully [Page 52]used in such Messages, then the Embassadours of Christ. Solemn Embassies cannot be expected before the Magistrate imbraced the Gospel. But in the very beginning of the fourth Century, we have Maruthas Bishop of Mesopotamia sent Scrat L. 7. L. 7. c. 8. Embassadour from the Emperour of Rome, to the King of Persia. Presently after Theodorick dispatcht Eunod. Ticin Vit. Epiphan. Epiphanius, Bishop of Ticinum, or Pavia, to Gunebald King of the Burgundians, who at his request released great numbers of poor Christian Captives. Then we have S. Am­brose sent by Valentinian to Maximus, that commanded the Bri­tish Armies, to desire peace, which he happily effected to the great contentment of his Master, Amb. Ep. 27. L. 5. where he likewise mentions a former Embassy. I might adde Chrysostome imployed to treat with Gainas, Baronius: John Bishop of Rome commissioned by Nicepho. Theodorick to Justin the Emperour, with multitudes of others. For the Moderns, the time would fail me to speak of our own and the Neighbour Nations: for this continued the Universal Practise of Christendom, till Sincerity gave place to Hypocrysie, and that new Definition of an Embassa­dour came up, that he was, Vir bonus peregrè missus, ad mentiendum Reip. causâ, a Good man sent to Lye abroad for his Countries ser­vice. Then twas high time for these holy men to resign up these im­ployments to others, that could swallow such Camels.

Thus we have both Antient and Modern usance on our side, the uninterrupted practise of the world for above 5000 years be­fore and under the Law, in the purest times since the Gospel, all Records attesting it both Pagan, Mahometan, Jewish, and Chri­stian: and none ever questioning it, but some late Innovators, though tis hoped, as we have cast off the infallibility of Rome, we shall not now imbrace that of Geneva, or Scotland. We have heard Cyril, Ambrose, Austin, not the least amongst the Asiatick, Europaean, and African Fathers, with many other Worthies enga­ged in Secular Imployments: and if it must be censured an error, Sit Anima mea cum Patribus: I am willing to cast my Lot amongst them; and though it be miserable to be deceived by Authority, yet tis most miserable not to be moved by Authority, Aug. de Ʋtil. Cred, 6.16.

Well then, that this de facto has been the usage is evident, let us in the next place a little examine the Jus of it. And for any [Page 53] Fanatick to except against it, is a Self-contradiction, since their avowed Principles allowed their Teachers to follow any other Calling, either of Camp, Country, or City without controul, or imputation. But tis the rigid Disciplinarian, that takes most offence at it, and therefore to him I shall addresse my self. Ile suppose him to dwell in the little Common-wealth of Geneva, to be the best Head-piece among them, and shall only put this Dilemma to him. If the Senate, or Syndic should commission him to decide a difference between his quarrelling Neighbours, or send to advise with him about a war with their great enemy the Duke of Savoy, or engage him to sollicit aid of the Court of France as a Publick Agent, there being none likely to prevail but himself, and the City otherwise in danger to be lost. In this case should he be heard in pleading the inconsistency of his holy Profession with such an imployment, and thereupon return a denial; if so, the Magistrate is in a poor condition, who must be obeyed in nothing more save what the others Calling enjoyns him, whether commanded or no: and his being in Orders makes the Magistrate loose the service of a subject. Sure I am, both Calvin formerly, and Henderson of late, did not scruple greater matters. Nor can necessity be alleadged here, for if the thing be simply unlawful, we must not upon any tearms do evill, though the greatest good may probably ensue. On the other side, if he may not decline it, then these two are not inconsistent, nor doth his Function incapacitate him for such a work; [...].

But let Matters be made never so clear, tis feared the Vulgar have taken up such prejudices from the inexcusable businesse of some Black Coats interesting the very Pulpits in State matters, during our late Troubles (a practise never sufficiently to be con­demned) that all must be bound to their good Behaviour for a while, for nothing but time will satisfie, and solve that Objection. Though tis hoped all Learned, and Judicious Persons will be more considerate, and distinguish between the frantick madnesse of a few giddy pates, & the sober actings of eminent Prelates commis­sioned by lawful Authority, and not take advantage from former miscarriages, to bring an irreparable injury upon posterity. But tis a true saying confirmed by the experience of many 100 years, Profectò Laici semper sunt inimici Clericis. When the World was [Page 56]Pagan, the Devil taught the multitude to cry out, if any calamity happened, that the fault was in the Christians, and they must to the Lions: but now the cunning Sophister has changed the note, and if any thing be amisse either in Church or State, presently the blame lights on the Clergy, they must be sacrificed to appease the many-headed Monster, their Lands sequestred, and all Places of trust, and honour interdicted them.

But let us in the last place a little view the Canonical Qualifica­tion of a Bishop. 1. Tis required that he be vitae probatissimae, of an upright unblameable Conversation, 2. Nullius criminis reus, guilty of no crime, 3. aetate gravis, well stricken in years, 4. Do­ctrinâ Praestans, excelling in Learning, with many other of the like nature. Now if these are not kept, they have the more to answer for, whom it concerns: if they be, will not any one that reads it conclude, no persons more fit for the weightiest affairs? For all Politico's make Integrity, Prudence, and Learning the prin­cipal Ingredients to an accomplisht Magistrate, a compleat Vir­tuoso; so that if Aptitude be respected, I may safely affirm there are none better qualified for Counsel than the Clergy, whose Education has enabled them to look into all the Idea's, and Mo­dels of Government, Search the depths and mysteries of Em­pires, most of which are lockt up in strange Languages, and 'tis not every Capacity that can gain the Key. Then for true Poli­ticks (the late Florentine Reaches let others learn) theres as much to be found in the Historical part of the Scripture, as any books in the World; so that Divines may well be good Statists. And is it not pity their Country should be deprived of such admirable Abilities? Doubtlesse those of the contrary perswasion do not weigh the Consequences of their Opinion, clearly tending to disjoyn the Church from being a part of the Common-wealth, which for 1300 years & better have been happily united, if those that are once in Orders must no longer be lookt upon as Citizens, but incontinently forfeit all their Priviledges; Of which more hereafter.

CHAP. V. Some Scriptures, and Canons seemingly contradicting the former Position, explained.

YEt for all this I confesse many good men are strongly perswa­ded, that Ecclesiasticks ought wholly to be excluded from civil matters, an opinion much pretending to Humility and Self­denial, and receiving some countenance, and colour from Scrip­ture, the practise of the three first Centuries, and some Canons of Councils, which must be the subject of our next conside­ration.

The Text that is most insisted upon is 2. Tim. 2.4. which being mis-translated by the vulgar Latine, militans Deo, begat greater prejudices in the minds of many.

First then one might take notice, that the Sentence is general, and belongs to every one, though in a more peculiar manner tis referred to the Preachers of the Gospel, yet none can plead ex­emption: but others are willing to slip their necks out of the collar, and the Clergy only must be tyed to it, whom for the present we will grant to be principally concern'd. The stresse of all lies upon [...], which Theophylact expounds by [...], the tumults and confusions of this life. Cor. a Lapide saies, [...] are such imployments as concern food and raiment: and instances in these mercatura, agricultura, & artes mechanicae. Now who does not readily approve of this, and judge it very improper, that a Preacher should be a Merchant, a Plowman, or a Mechanick, do not both Common and Canon Law forbid the same? Estius has much to the like purpose, [...] &c. quae quis exercet ut habeat unde vivat, and quotes to this sense a saying of Ambrose, Indecorum est homines curare de cibo, qui militant Deo: this rather flies in the face of them that permit their Preachers to put on blew Aprons, and make them such sordid allowances, that they must either work with their [Page 56]hands, or starve. Seeing tis not comely that the Lords Warri­ors should busie themselves about inferiour matters, that tend to get a livelihood: And so Valla renders it, not negotiis, but nego­tiationibus. When Christ imployed Fisher men to preach his Go­spel, weak instruments to confound the Powers of the world, though he furnisht them with suitable abilities, that they needed not to study, yet he made them leave their Nets, and not use them as an ordinary Profession. Calvin saies that by the affairs of this life, the Apostle meant the care of governing and ordering a family, and such ordinary imployments. If then we keep strict and close to the Letter, I see no remedy, but all must run into Cloysters, and shake hands with the World: and we know what a conclusion the Rhemists draw hence, and what they con­demn as a special impediment to Church warfare. So that if from this the Clergy be denied, intermedling in any secular affairs, the next step must be to forbid their marrying, which unavoidably brings with it many incumbrances and family-necessities, but this smells so rank of the Monk and Hermite, that I hope twill not be swallowed by any Protestant, and I did not believe the Le­mane Lake would so easily have mixed its waters with Tyber.

The Apostle here makes a comparison between prophane, and spiritual warfare, and the better to understand the genuine sense we must consider what Military Discipline did require. Vegetius L. 2. saies, that by the laws of war, he must not have any private affaires committed to him, nor mind his own gain. Hence we read the Romanes severely proceeding against Posthumius for imploying his souldiers to till his ground. Florus. Vid. Legem Honorii & Arcadii Tit. Nemo Miles. And Leo the Empe­rour saies expresly, those that are armed and maintained by the Common-wealth, must only mind publick affairs, and not till the ground, keep Cattle, or traffick, L. Milites. C. de Re militari L. 12. All avocations were inhibited, and such Matters as tended to the publick good injoyned. And why should not the same analogy hold here, and such affairs be permitted to the Clergy as tend to the good of the Church, and the glory of their great Commander.

Next we are urged with the Apostles practise, who were so tender of any interruption, that they denied to attend upon Tables, and make provision for the poor, Tis true, in the Infancy [Page 57]of the Church, when the Gospel was to be publish'd all the world over, the work great, the labourers exceeding few, not one to every Country, the least diversion at such a time would prove a considerable hinderance, and distraction to them. But when the Lord of the Harvest has increased the number, and plentifully furnish'd his peaceable setled Church, every Village being now supplyed, and if the complaints of some be true, the nation so o­verstock'd, that there is hardly imployment, much lesse mainte­nance for the multitude: In this case to make no difference of times, where the mercifull Providence of God has made so vast a distinction, seemes little agreeable to reason. But if from this, oc­casion must be taken presently to forbid every petty interruption and disturbance, how came St. Paul to contradict himself, and to follow his Tent-making, labouring with his hands for a lively­hood, which must needs take up a good part of his time, and hin­der his praying, and preaching. Adde to this, that the 7 Dea­cons appointed by the Apostles to succeed them in the care of the Collections, were according to Epiphanius of the 70 Disciples, yet for the publick benefit their constant preaching was now and then dispenced with to attend on Tables.

3ly. We are threatned with several Canons roaring against it, but tis supposed upon search, they will be found falsely charged, and prove only bruta fulmina. And here I cannot but admire the mo­desty of the Primitive Church, and the charity of the people, the earnestness of Princes in commissioning Spiritual persons to com­pose all emergent differences, and the forwardness of the op­pressed in flying to their impartial Tribunals for Justice; wher­upon the holy Fathers in process of time thought it wisdome to take off their Clergy from those affaires, by sundry severe Canons in many Councils. 'Twere easie to reckon up several prohibiti­ons to this purpose out of Balsamon, Zonaras, Bininus &c.

It would be an infinite task to give particular answers to each Canon, and therefore I shall lay down some generall Rules, which may much conduce to the better understanding of them all, and if well applyed may help to solve most.

First, Tis clear, the great design was to forbid ambitious seek­ing after, and voluntary engaging in secular matters, for sordid ends, and covetuous principles. And this may probably be col­lected, [Page 58]because we find a dispensation given, when imposed by the supreame Magistrate: In the Council of Sardis tis granted upon the motion of Osius, Si relligiosi Imperatoris literis vel invitati, vel vocati fuerint, and undertaken in obedience, as causes of Piety and charity, overseeing Widowes and Orphans, provided it extend not to the notorious neglect of their relligious callings. Thus Justin Martyr, Apol. 2. calls the Bishop the great Steward of all the Poor, the contributions of the faithfull being laid down at his feet, and by him distributed. And Ignatius to Polycarp. that he was the great Trustee of the widowes.

2. Tis not so much a totall prohibition, as a prudent Restraint, least a­nimosities, and jealousyes should arise in the Laity, by too much enchroaching upon their Courts, and therefore the wisedome of sundry Councils, confined the Clergy to such matters as were properly of Ecclesiastical cognizance.

The Third ground and reason of these interdictions, was not the unfitness and incapacity of Spiritual persons, but out of re­spect to their eminent callings, least they should be disparaged by vile and mean imployments, and expresse mention is made of sor­did offices about Princes and Noble-men, as Stewards, Bailises &c. But when by the favour of Princes, their imployments were honourable, and their temporary diversions, did bring abundant re­compence to the Church; we see those that had the principall hand in enacting these Canons themselves engaging. Now can it be supposed, if this had been the meaning, they would have been guilty of so grosse a contradiction, and no future Council re­prove it. Cyprian much confirmes me in this opinion, who l. de Lapsis, is perswaded that God sent the great persecution under Decius only to awaken the Christians, who were grown exceeding corrupt, especially the Clergy, for he complaines that the Bishops themselves abandoned their holy Functions, & dealt in matters of the world, haunting Marts and Faires for filthy lucre sake. And much to the same purpose we find in our own Bede, Gildas &c. Now to beat down these enormities were so many Canons levelled.

But to make peace between quarrelling nations, to compound differences amongst Christians and such like, tending to the ho­nour of God and the glory of the Gospel, which may be often practised without Detriment to their spiritual charges, I never [Page 59]find these expresly forbidden, or such as ingaged in them, as Cy­ril, Austin, Chrysostom, Gregory, Bernard &c. condemned. For if St. Paul became all things to all men to gain a Soul, will not that example bear his Sucessours out, if they go to the utmost verge of their Christian liberty, still keeping on this side sin, to pre­serve Kingdomes, the Churches peace, and prevent the effusion of Christian blood: Their absence some daies from their private charges will be abundantly recompenced by such happy conse­quences.

4ly If the utmost rigour must take place, and no dispensation be granted, how shal we reconcile the severe Edicts of some Councils, whereby the Clergy are strictly injoyned to take no care of their Families, but only and wholy to be intent upon reading, praying, and preaching (Carthagin. 4) with that of St. Paul, who pro­nounces such a one worse then an Infidel. All sober men will allow them to provide, but not so as to neglect their holy Functi­on, and this holds as well in Civil, as Family affaires.

Thus being out of Canon-shot, we may securely proceed.

CHAP. I. The ancient Immunities of the Clergy, with their present State in other Nations.

THe Prudent Piety of the first Christian Emperours for the better incouragement of Religion, and Learning, conferred many large Immunities and Exemptions upon Church-men, freeing them from Subsidies, Impositions, and sundry Services where­with the rest of their Subjects were burdened. Eccle. Hist. L. 10. c. 7. Z [...]zom. L. 1. c. 9. Eusebius and Zozomen record several Priviledges granted by Constantine, that those who minister in holy Religion, be wholly free and exempt from all publick burthens. Nor were the An­cient Franchises of our British Church short either for number or extent, being all confirmed by Magna Charta without restraint. My Lord Cook acknowledges that the Clergy had more and greater liberties then other of the Kings Subjects, which to set down would ask a Volume; some few he recites, as that they were discharged from Purveyances, Tols, Customs, Distresses by the Sheriff in the old inheritance of the Church, with others of the like nature. But most of these are now lost, and their condition reduced below the meanest Calling in the Nation. It would make a man mourn and weep, as often as He looks back upon the Charity of our Saxon Ancestours, who in their greatest Impositi­ons ever excused Ecclesiasticks, no part of that insupportable Tax of Spelm. Glos. V. Daneg. Danegelt, under which the Kingdom so much groaned, being paid by them, and till after the Conquest they were ever privi­ledged. For Spelm. Con. Ethelwolfe in a full Convention of his States at Winchester, A. 855. enacted that Tithes and Church-Lands throughout all his Dominions, should be free from civil burthens and exactions, as much as Royal Tributes great and smal. But how strangly has the Case been altered of late? How unequal were Contributions and Quarterings during our Intestine Wars? What heavy burthens did the poor Clergy bear? no Redresse to the bitterest complaints being found from their Lay-Judges, who only made sport at their misery and oppression, as if nothing were too bad for Black-Coats. Now those daies, through mercy, are over, and must be forgotten, but still to be wounded by the hand of their friends, and to receive the same hard measure from pretended well-wishers, that strikes to the very heart. When no regard is had of all their past sufferings, First-Fruits, Tenths (no small standing Revenue of the Crown, amounting as some com­pute [Page 59]to neer 40000. per an.) which they joyfully discharge, but they must still be left to the arbitrary disproportionat Impositions of every domineering insolent Officer. The Consideration hereof has convinced many (formerly of a different perswasion) that tis not onely useful, but expedient, but necessary to the Church to have some of its own order in power to protect them, and hear their just grievances. But what farther concerns our own Privi­ledges, being so learnedly handled by the immortal Spelman, and the General ones so fully Collected by De Stud. pri­vileg. Rebuffus and others, I shall not here insist upon them.

The grand Concern at present which I principally design, is, how far they were priviledged as to publick Assemblies, and State Consultations. And that Constantine, with many other succeeding Emperours made use of their Advice both at home and abroad, imployed them in Embassies, and other Important Transactions has been allready demonstrated. It now remains to see how they fared in other Places. And first, if such an Ar­gument could hope to sway with Christians, it should soon be proved, that those, who attended the worship of the Heathen gods, were admitted into the Pan-Aetolium, and Amphictyonian Council, amongst the Athenian Areopagites, and Roman Senators, that the old Gauls divided their States Caes. Com. L. 6 in Druidas (who had omni­um Rerum immunitatem) Equites, Plebem, as the Strabo L. 17. Egyptians did into Priests, Soldiers, and Artificers. But leaving Gentilisme, I shall hasten to Christendome. And here once for all premise, that by the Fundamental Constitutions of most Nations in Eu­rope, Three Estates are generally setled, whereof the Clergy, or Priesthood is ever one. Now to make this good, though I might produce variety of Instances, yet I shall content my self with the single Testimony of Calvin, knowing that it will go farther with many then a Jury of others. This we find expressely asserted in that Instit. L. 4. c. 20. Sect. 31. Piece which some cry up next to the Writings of the Apostles, in singulis Regnis tres sunt Ordines, which how to make up without the Spiritualty is beyond my skill. In our neighbour Nation of France the practice is notoriously known, the antient style of the Royall edicts alwaies running, as 'tis recorded of Pepin A. 744. per consilium Sacerdotum, Thuan. passim.& Optimatum ordinavimus, & per consilium Sacerdotum, & Opti­matum Ordinavit Carolomannus. It might farther be noted, that [Page 60]Six Prelates here are Peeres of the Kingdome, Three of them be­ing styled Dukes & three Counts, though the whole number of the Pairie exceed not 12. As likewise that the Bishop of Paris has a peculiar Indulgence of being present in every Court of that Royal City without exception. Ch [...]ppinus. Look into Hungary there Thwroczius informes us, that by the Fundamentall Lawes of K. Stephen, the Bishops in Concilio Regis Primi assistunt. Poland comes behind none in its Reverence to the Clergy, where the Arch-Bishop of Gnesna is Primas Regni, Stanisl. Krzis. tanowick De­scrip. Pol.& Princeps primus, whose Jurisdiction is not limited to the Spiritualty alone, but has the chief place in the rank of the Senators assigned him, the greatest Authority in all Consultations. And when at any time there happens an Inter-regnum (as it frequently may in those Elec­tive Kingdomes) it belongs to him to Summon a Dyet, to give Audience to Foraign Embassadors, and to appoint a time, and place for the choice of the new King. After him follow the rest of the Ecclesiasticks, who in the * Assemblies take place of all the Secular Nobles. My Authour farther enlarges this to have pro­ceeded from the Piety of the Polish Kings towards the Church, that the Sonnes of it, should for ever have the highest Place in all Conventions, with many other Priviledges, which to this day they enjoy in his own words (No Clergy-man neither, but a Law­yer) maximo illius Regni Commodo, Emolumento, Adjumento, addo & Ornamento, Id. Cromerus addes, that there is ever a Royal stand­ing Council assigned the King, of which number there are alwaies Two Arch-Bishops and Seaven Bishops. Then how considerable a number in all the German Dyets, the Ecclesiasticks are L. de Comitiis [...]mp. Pan­vinius is a witness beyond exception, who reckons up 34. Bishops that have their votes there, besides Abbots, Priors &c. who passe for Religious Persons. And in the Septemvirate, we find no lesse then 3 Clergy men, Ments Arch-Chancellour of Germany, Coln of France, and Triers of Italy. I shall wholy out of this Catalogue omit Spain and Italy, as being such known Vassals to the Pope, where the Clergy rule the roast. But one word dashes all this, they are Papists, which is argument enough to many to condemne a thing, though back'd by never so strong reasons. Let us examine how matters stand with others, who have no correspondence with Rome. Andreas Bureus, in his description of [Page 61] Sweden, acknowledges that the Ecclesiasticks were heretofore the prime men in the Senate, till the Covetuousnes of Gustavus the first, despoiled them of their Revenues. Yet since the Re­formation they still to this day retain their suffrages in all publick Dyets of the Kingdome. Burei Descrip. Suec. And when the new Crowned King makes choice of his Counsellours the Arch-Bishop of Ʋpsal is still the first; who is allowed a greater proportion of Attendants, when he comes to the King, then any Noble-man in the Nation, no lesse then 40. Horse being permitted him, whereas others Reti­nue must not exceed 30. And in the great Assembly, A. 1600 convened at Lincopen, we find mentioned both Bishops and other Ecclesiasticks. For Denmark, Pontanus recites 7 Bishops, as the Ecclesiasticall Nobility, who have Votes in all grand meetings. Jonas ab Elvervelt distributes the states of Holstein into Three Orders, 1 King, and Princes, 2 Prelates, 3 the Families of the Nobles, and he makes the Bishops of Lubec, and Sleswick, the 2 prime Peeres in all the Dyets. MS in Arch. Bodl. entit. the man, of hald. Par. Scot. In Scotland anciently the Bishops and Prelates were essential members of Parliament, and had their Seates on the Right Hand of the Prince. And in a Parliament held at Edinburg A. 1597, a Vote passed for restoring the Clergy to their Original Priviledges, as the 3 Estate of the Kingdom, the Learned King James condemning that Act of Annexing their Temporalties to the Crown, as Basil. Dor. l. 2. p. 43. vile and pernicious. Then for Geneva, who is so much a stranger to the conduct of that Reforma­tion, as to be ignorant, what a stroke Calvin and others had upon the Senate or grand Counsel, which gave occasion to the complaint of some, that they had expelled one Bishop, and admitted many. If remoter Countries be regarded amongst the Abissines, the Cler­gy is Paramount, Dresser. Orat. imployed in affaires of all natures, and we read in Damianus a Gôes of Zaga-Zaba an Ethiopian Bishop Vice­roy of Bagana, sent Embassadour to the King of Portugal.

In Muscovy their Supreame Convention, which the Inhabitants call Zabore, consists of the great Duke, 20 Nobles, and as many Ecclesiasticks, the common People being wholy excluded. Gaguin And when they are met together to deliberate, the Patriarch, and Ec­clesiasticks are first consulted, and deliver their Opinion.

I shall conclude this Paragraph, only reminding that neither Pagans, nor Mahomatans are so inhuman, so discourteous towards [Page 62]their Priests, as to deny them this Liberty. For Tully acquaints us, that it was by the appointment of the gods, Orat. pro Dom. suâ. that the Pontisices should not only take care of Religion, but summae Reip. praeesse Voluerunt. Nay at this very day the Barbarous Turks never ex­clude their Mufti, but allow him free entrance into all their Coun­cills, and Divan.

CHAP. II. The Clergies Antient Priviledges in this Kingdom, and their Restitution pressed by many Arguments.

TIs Recorded to the Glory of England, that her Bounty and Liberality to the Church in Stately Fabricks, and Revenues, her Favour and Indulgence in large Priviledges, and Immunities have come short of no Nation in the World. I might produce many instances to that purpose; but for the present shall single out one, as more eminent and glorious then the rest, viz. Admitting them to all publick Debates, and Assemblies.

I'le begin with the Saxons who had many solemn meetings, 1. their Scire-Gemots, which some learned Antiquaries resemble to our County-Courts, or Sheriffs-Torn, in which all Causes, both Criminal and Civil concerning Church, or State were handled. The Persons bound to be present, were the Sheriff, the Bishop, and all the Nobles of the County: till at last upon their Hum­ble Petition Ecclesiasticks were dispensed with by the Statute of Marlborough 52. Edw. 3. unlesse urgent necessity requi­red it.

Secondly, Their Folc-mots, a kind of Annual Parliament, com­monly held the beginning of May, in which all the Princes of the Kingdom, Bishops, and Magistrates assembled, and the Laity took the Oath of Allegiance, and confirmed their own mutual U­nion before the Bishops. The Original of this is intimated to be as high as King L.L. Edv. Conf. c. 35. Arthur.

Thirdly. Their Wittena-Gemots, or Mycel-Synoth, the Grand Convention of the Wisemen. These whosoever desires to look [Page 63]farther into, may have recourse to Spelmans Laborious Glossary, V. Gemot. Now out of none of these were the Clergy excluded, but ever reckoned an eminent Principal part of each, their Coun­sel, Votes, and Approbation demanded before any Laws were constituted.

For proof of this we shall look back above 1000 years, to Ethel­bert, who presently after Austins arrival, A. 605. calld a grand Assembly, tam Spelm. Con. p. 126.Cleri, quam Populi.. In the Laws of King Ina, which Florentius Wigorn. dates A. 686. Spelman 692. Lambard 712. we read that they were written by the perswasion and ad­vice of his Bishops Hedda, and Erkenwald: and though Spelman excerps no more then concern the Church (as being only proper to his design) yet Lambard mentions many Civil matters there de­termined. And when the Great League and Union between the Britons, Saxons, and Picts was concluded we have it ratified per commune Consilium, & Assensum Omnium Episcoporum, Pro­cerum, Comitum, & omnium Sapientum Seniorum & Populorum,Bed. Hist. l. 1.& per Praeceptum Regis Inae. In the Laws of K. Ethelstan about the year 924. (Spelm. 922.) theres no mention of any other Counsellours for their enacting, but his Arch-Bishop. Ulfhelm, and the rest of his Bishops, who were at seast the Prime Persons there, though the Body of the Laws concerns Lamb. p. 45. secular affairs, Spelman selecting only Ecclesiastical, yet in the Title he owns others passed. In the Laws of Edmund about A. 946. the King had a full meeting of Ecclesiasticks, and Laicks at London, in which were present Odo and Wulstan the Arch-Bishops, Id. p. 57. none of the rest being once named. Again A. 948. to a great Convention of the Estates at London under Edred Writs of Summons are issued out to the Arch-Bishops and Bishops, and yet there agitur de Negotiis Regni, civil matters are treated of. Ingulph. p. 87 S. Spel. Con. p. 428.

Come to the Danes, A. 1021. we find a Publick Assembly called at Winchester by Canutus, which an Old MS. stiles a Parl. wherein were present Wulstane, and Adelnode the Arch-Bishops, with other Bishops, Dukes and Earls: and though there may be a mistake in tearming it a Parl. the name being not known in that Age, Spel. Conc. p. 534. yet the substance may be true as to the Members of the Convention. And that none of these were Hali-Gemots or Chirc-Gemots, [Page 64](which the Moderns tearm Convocations) will appear, because the usual Title of them is Magna Servorum Dei Fre­quentia. LL. Inae A. 727. & alibi passim.

Now during these 2. Periods there's no mention of Baronies, but all the Church Tenure, Pura Elemosyna, Frank Almoign, and the Bishops sate only as Eminent Prelates by virtue of their Spi­ritual Dignities. For there being hardly any Laws but some way or other concerning Religion, and the good of Souls, therefore in the enacting of them the Counsel, and advice of the Clergy was ever required by our prudent Ancestors.

Thus much for the Grand Assemblies, styled usually by Spel­man Pan-Anglica, LL. Edg. and Pan-Britannica; the more private this Statute of Edgar will put beyond all dispute, injoyning, ex omni Comitatu his quotannis Conventus agitor, cui quidem illius Diaecesis Episcopus, & Senator intersunto, quorum alter Jura Divina, Hu­mana alter Populum edoceto. [...] Titl. of Ho­nour. p. 2. c. 5. S. 5. Nor can Selden, who ever sits upon the Clergies skirts, if he gets the least advantage, deny that the Bishop was joyned with the Ealderman. This was af­terwards confirmed by Canutus the Dane. Spelm. Glos. v. Alderm. Much more might have been said of this, but that I am prevented by a learned pen, whose Piece I had not the fortune to see till my Collections were finished, and finding we jumpt in many things, am now forced to wave them.

Hitherto the Saxon and Danish Government: passe we down to the Normans, and here we have Will. solemnly with an oath ratifying the Laws of S. Edward, and this of Remark is added, Siquis sanctae pacem Ecclesiae violenter infregerit, Episcoporum est ju­stitia Lam. p. 139. parag. 6. And in sundry old Royal Precedents of writs, we read such clauses as these, Nolumus quod libertas Ecclesiae per nos, vel ministros nostros quoscun (que) aliqualiter violetur; & Jura, & libertates Ecclesiasticas illaesa volentes in omnibus observari. Re­gistr. in Brev. Orig. passim.

And here we come to that great Change in the State Ecclesia­stick, the Bish. who had been ever reputed, and enjoyed the Pri­viledges of Thani majores among the Saxons, are now translated to Barons, which gave occasion to that groundlesse error of some to Date their first Sitting in Parl. hence, as if the Conquerour to curry favour with the Clergy, the better to settle his new gotten [Page 73]Kingdom, conferred this honour upon them. But certainly if there were truth in this, the Clergy are much too blame and very ungrateful, who returned nothing but complaints and murmurings for so great a Favour: and all the Writers of that age must be corrected, for representing him as a profest Enemy of the Church. To clear up this, I shall give but one instance. In an old Record, entituled, Liber St. Albani, we read this passage of Frederick the Abbot, that to obstruct the March of Will. he felled all the trees about him, and laid them crosse the waies; whereat the Con­querour was so enraged, that after wards, sending for him upon Security, he demanded of the Abbot the meaning of that cutting down the woods, who resolutely answered, I have done but as becomes me; and if all the Spiritual Persons throughout the Kingdom had done their endeavours against thee, as they might, and were in duty bound to have done, thou wouldst never have been able to enter the Land thus far. The Duke replied, is the Spiritualty of England of such power? If I live and enjoy that which I have gotten, I will make their Power lesse. Add to this that Stratagem of the Kentishmen in surrounding the King, and for­cing him to a composition under the conduct of Stigand the Arch-Bish. which so netled him, that he never was heartily reconciled, and proved as good as his word to the Abbot, oppressing the Clergy all his raign, bringing them under Knights service, and ordering how many Souldiers each Bish. should maintain for him, and his Successours, the Church till his daies being free from Bondage. Let no man then dream that such an enemy as Will. did as an Act of Grace, and Favour, erect them into Baronies, which was ever lookt upon as a grievance, and glorious Piece of slavery.

This was a shrewd shaking, yet still they preserved their Votes in all Assemblies, and upon summoning Parl. Writs are directed Archi-Ep. Ep. &c. All ancient Charters and Grants subscribed, (after the mode of those times) testibus Archi-Ep. Ep. In a Trea­tise entituled, The Form and Manner of keeping Parl. (Ms in Arch. Bodl:) which Selden allows to be as long standing as Edw. 3. but Cook adds neer 200 years more, and raises it to the Conquerours time, which the Title pleads for) we are told that 40 daies before Summons are to be issued out to the Arch-B. P. and other great Clerks, that held by County or Barony. Nay the [Page 74]Clergy in each Shiere had two Proctors representing them which had more authority then the Bish. in things to be granted or de­nied in Parl. We are farther informed, that the King may hold a Parl. for the Commonalty of the Realm without Bishops, Earls, or Barons, so they had Summons, although they come not. But on the contrary, if the Commonalty of the Clergy, and Tempo­ralty being warned, either do not or will not come: in this case, what ever the King doth with his Lishops, Earls and Barons, is of none effect. For to all Acts of necessity the Commonalty of Parl. must consent, i. e. the Proctors of the Clergy, Knights of the Shiere, Citizens and Burgesses, for their Persons represent the Commonalty of England, and the States do represent but their own persons. Id. I have seen another ancient Mss. (in Bibl. Cotto.) confirming the same, with this title, Modus tenendi Parl.) and citing other large Priviledges of the Clergy.

But why stand I upon this, when Mr. Prin himself, whose testi­mony I the rather mention, he being known a profest enemy (though as he has lived to retract his Anti-Monarchical, so tis hoped he may his Ante-Episcopal Principles) in his Historical Collections of the Ancient Parl. of England, acknowledgeth, that during all the Saxon times from about A. 670, till King John. About 1200. the great Council of the Nation, or Parl. consisted only of the King, Princes, Bishops, Dukes, and Nobles, no lower House being then known, which our best Antiquaries conceive took its original about the time of Hen. 3.

I shall put a Period to this, with the Testimony of our English Papinian, my Lord Cook, who assures us, that 24 Spiritual Persons ought ex debito Justitiae, to have a Writ of Summons sent them every Parliament.

CHAP. I. The Nature of Jurisdiction explained, and the Regal Su­premacy asserted.

WE come in the last place to Juris diction, which may be defined a coercive Authority in exter­nall judicature relating to the execution of Lawes. This we grant primarily to reside in the civil Magistrate, to whom the Sword is commit­ted, the establishing of Lawes belongs, and whose right it is to appoint Judges in all causes, Here then is the [Page 80]Fountain of all Jurisdiction, which branches it self into two streames, Spiritual and Temporal. And that originally it proceeds hence is manifest, because Appeales are ultimately made hither. Thus we find S. Paul Act. 25. appealing from the high-Preist, to Cae­sar, as from an Inferiour Judge, to the Soveraign; the last Ap­pellation ever denoting supreame Jurisdiction. Thus amongst us, if a man takes himself to be wrong'd in one of our Country Courts, he may remove the Action to Westminster Hall, and if Justice be denied there, in cases of grand import, the last reserve is the Parliament; as the Highest Court of Judicature in the Nation. The Church of Rome was not ignorant of this, who strugled more in matters of Appeal, then any other, as being the fairest flower in her Garden, and this once cropt, you see how soon her power withered. This might farther be proved from the example of Joshuah, comman­ding the People to be circumcised, from Jehoshaphats appointing the Priests to judge between blood and blood, from whence the Royal Supremacy & Jurisdiction in their respective Dominions doe invincibly follow. Nor did the Ancients ever question it. For Aser Menevensis styles King Alphred, Lamb. Ar­chaion.Omnium Britanniae Jnsulae Christianorum Rectorem, and the Confessour entitles himself Vica­rium Summi Regis.

We doe then in al humility, acknowledge the supreame Au­thority of the Magistrate, not only in Civil (which the French Pragmatique Sanctions challenge) but in Church matters, and far­ther, Tertul. Apol. that a Magistrate as such, whether Christian, or Pagan it matters not, ought in all things to be obeyed, that are not contra­ry to the word of God, and then passive Obedience becomes the Gospel, Resistance being in no case lawful. We doe look upon the King [...], & with Menander [...]. And I ever thought there was much of truth shadowed out in that Poeticall fiction, that Majesty came down from Heaven, whence the ancients made it the Daughter of Honour and Reverence. Nor dare I condemne those swelling Titles every where in the Civil Law given to, and own'd by Christian Emperours, as Numen, Ora­culum, Sacratissimus Imperator, which some zealous eares amongst us would account little lesse then Blasphemy. But any that have acquaintance with the Jewish customes, and Language will soon resolve them, that twas an usual thing with holy writers, to style [Page 81]every thing Divine that did excell and was eminent, v. Drusius in Gen. & Brisson. de Formul.

And let not any one imagine that this is any derogation from the Honour of God, or the Pride of Princes hereby heightned, the designe only is to mind them, whose Person they represent, whose Servants they are, and that they ought to imitate his Justice Mercy, and Bounty. Old Homer cals Kings [...], nourish­ed in the bosome of Jupiter, and from this divine Originall, some derive their miraculous Vertues, which we see Hereditary to some Royal Families. Thus the Curing the Kings Evil with our Princes, and if we will beleive Car. Tapiam the Releiving persons Possest by the King of Spain.

I have dwelt the longer upon this subject, that none may sus­pect what ensues to have the least aspect towards Rome: not on the other hand let any fasten such odious Consequences upon this Doctrine, as some malicious Jesuites have done, as if we made our Princes Popes, and gave them an unlimited power of imposing in matters of Religion at pleasure. We never assert that our Kings have power to make New Formes of worship, New Articles of Faith, but to take care that all things within their Dominions be ordered according to the revealed will of God. And as much, Ʋsser Primord. Eccle. Brit. as this comes to St. Austin, Eleutherius to Lucius (vicarius Dei estis in regno vestro) and the Ancients have ever with one voice, attribu­ted to Princes, and none questioned, but some late Parasites of the Roman Ante-Christ.

This laid down weel fall roundly to work and that some ju­risdiction to curb prophane, and erroneous persons, to keep the un­worthy from Sacraments, and in case of obstinacy to forbid the faithfull society with them, that such moderate Power not excee­ding the bounds of Excōmunication dos by a divine right belong to Spiritual persons both Christs commission Mat. 18, and the Apostles practise 1 Cor: 5.4 sufficiently warrant, and none ever questioned but an envious Selden, and some Physitians, who wanting other Practise made the Church their Patient? Set aside these, and the former Position has hardly mette with any adversary.

All the difficulty is, how farre Civil Jurisdiction, by the favour of Princes permitted to them, may with a Salvo to the Sacred Function be exercised. For tis owned that Temporal power can­not [Page 82]be challenged by Ecclesiasticks as their due, but is a right Im­perial, and Royal, yet Princes to whom it properly belongs both may, and have often delegated the exercise of it, even to their Clergy. Most of the First Christian Emperours having experien­ced the integrity and prudence of the Ecclesiasticks left it to the liberty of the Plaintif, that entered the Suite, either to make the Bishops Judges, or to have recourse to the Civil Magistrate, Thus Constantine, Ʋalons, Gratian, Valentinian, Theodosius, Arcadius, Martian, Leo, Anthemius, and Justinian: As may be seen in the Imperial Edicts yet extant.

CHAP. II. The Original of Ecclesiastical Courts.

IF we should trace up the Original of Ecclesiastical Courts, we shall find them grounded upon the counsel of the Apostle, 1 Cor. 6. where he advises the Christians, when any contentious Suits arise amongst them (as in all Societies such must be look'd for) that they should not to the dishonour of Religion, betake themselves to Pagan Tribunals for Justice, but let their brethren decide matters. But who these were, is a great Quaere, the 4. v. seemes to put it upon those that were least esteemed, which can­not be the Preachers. But Theophylact carries the sence thus, that tis an answere to a tacit objection, that some would be apt to say there is not a wise man in the Church, that can Judge. Well, ad­mit according to that opinion, there be not one prudent person found, yet rather appoint those that were never so contemptible, and little esteemed in the Church your Judges, then go to the Heathen Tribunals. But Ambrose on the place, is more express, that Ministers are appointed Judges. And if the Vote and pra­ctise of Antiquity, which is commonly none of the worst Exposi­tours may be taken, matters will be yet more clear; Many scat­tered passages there are in Igratius, Tertullian, Cyprian, &c. look­ing this way, but being under the Lash, they are fain to whisper only, and durst not speak out.

I shall not much stand upon those Canons, that pass under the name of the Apostles, where we read that the Bishops ought to meet e­very 2 daye of the week, to judge causes, and a Tribunal is a­scribed to them, with power of deciding all controversies. Nor yet upon that of Clemens Ep. ad Jacob. Fr. Dom. where tis express, If any of the Brethren have differences among themselves, let them not goe to the Heathens for Justice, but let the Presbyters of the Church decide it. Now both these, however censured by some as spurious in respect of the titles they bear, yet cannot be denied to be very ancient. And in the 2 Ep. of Marcellinus, Quaecunque contentiones inter Christianos ortae fuerint ad Ecclesiam deferantur, & ab Ecclesiasticis determinentur.

We have indeed but few genuine peices remaining, of those poor persecuted times, wherein the distressed Believers were glad to make hard shifts, and fearfull to do any thing that might cre­ate jealousie in the minds of those cruel Tyrants, whereas openly to professe the declining of their Tribunals, had been crime e­nough. Yet St. Hierom (a curious searcher into old records) saith, Priests from the beginning were appointed Judges of causes l. de 7 Ordin. Eccles. And when they could use freedome, then we have them speaking aloud. For St. Ambrose pleads the Apostolical Commission Ep. 24. secundum sacrae formam praeceptonis, qua eum Apostolus induebat. S. Austin seconds him, and saith this task was imposed upon Spiritual persons by St. Paul, to decide tu­multuosissimas perplexitates causarum alienarum de negotiis saecula­ribus, De Opere Monachatus. c. 29.

I shall conclude this with a testimony of Calvin, whom all know to be no friend to the Episcopal Hierarchy, yet even he ac­knowledges 4 Instit. c. 11. §. 10. That the Primitive Christians, to prevent wrangling suits were wont to commit their differen­ces to be decided by their Bishops: and this held till the Magi­strate received the Gospel.

But that which carries the greatest weight with me, is the Universal Practise immediatly after the Scepters of the earth stooped to Christ: for I cannot imagine that so great a novelty would have been imbraced without any contradiction, and not have been reproved by so many Eminent Worthies just escaped out of the flames of persecution, the School of Holinesse. Tis [Page 84]more than probable then that by virtue of the Apostolical precept, of ending suits among themselves to prevent scandal (it being the main imployment of the Ministery to make peace between those that are at variance) in the Primitive times the whole management of differences was entrusted to the Clergy, as being persons of the greatest sincerity and ability. Now Constantine at his entrance upon the Government, finding it so, wisely con­sidered how much the Authority, and Reverence of Religion did conduce to the expediting of Causes, and discovery of captious actions. For this was not done unadvisedly, sundry weighty rea­sons being subjoyned, as will appear, if the Laws be perused. As first, because twas hoped it would tend much to allay the heat of wrangling, choak the malicious seeds of contentions, 2ly Be­cause the Judgments of Bishops were lookt upon as true, uncor­rupted, and piercing, whereby the Sophistry, tricks, and shifts of the Law might be prevented, and poor men, entangled in the tedious lasting snares of vexatious actions, might have a speedy issue put to their affairs. Now the good Emperour conceived they might well be intrusted with his own most important Nego­tiations, and his Subjects estates, to whom God had committed the care of their precious Souls: therefore upon these prudential considerations, being satisfied in the usefulnesse and integrity of Spiritual persons, he made their Jurisdiction Authentick, giving it the Royal stamp, allowing no appeal from the sentence of the Bi­shops, but making it as conclusive as his own, leaving it free to any [...]. Zozom. L. 1. c. 9. Niceph. L. 7. c. 46. who adds that this priviledge lasted to his time under Andronicus A. 1300. Valens and Valentiman, A. 365. enlarged it, and entrusted them with the rate of Commodities sold in the Cod. Leg. 1. de Ep. Aud. Tit. 7. Markets. But their Jurisdiction has been in several Ages very various, sometimes en­creased, sometimes clipt, as the Emperours were more or lesse favourable to the Church, who ever kept the Soveraignty in their own hands. Constantine was then the first that passed the Royall Grant in favour of the Clergy, permitting the cognizance of all civil matters even between Laymen to the Episcopal Tribunal, if either Party did require it, though the other denied his consent, and their appeal was to be obeyed by all the Magistrates, whenever [Page 85]made, though the action was already commenced in another Court.

Arcadius and Honorius did a little retrench this unlimited power, yet still allowing it, by the joynt consent of both parties, and making the Bishops, as twere, Referees. L. siquis ex consensu. c. de Audientiâ Episcopal. and their deci­sion to be binding and final without any appeal. This was af­terwards ratified by Theodosius and Justinian l. Episc. c. eodem. Nay Justinian reposed so much confidence in them, that he made them Overseers of the Secular Judges, Novel. Const. 56. This then has been the avowed Catholick Practise of all ages, and Na­tions where the Gospel has gaind footing. For the greatest enemies the Church had, could never yet deny, but that the Bishops have had their Tribunals for above these 1300 years erected by Con­stantine, confirmed by Arcadius and Honorius, Theodosius, and Va­lentinian 3, Only some curiously mince the matter, and allow them power to hear Causes, and to become Referees, and Um­pires, by consent of both Parties; but yet they will not hear talk of any coercive Jurisdiction, though many Eminent Civilians attribute it to them: and Accursius interprets Audientia Episcopalis, a tearm frequent in the Code by Jurisdictio. Nay tis evident, there was no Case whatsoever, except only Capital (for Ecclesia sanguinis Iudicium non profert) but might be decided by the Episcopal Tribunal: and Constantine forbad the Greatest Prince in the Empire to revoke what once the Bishops had decreed, Euseb. Vit. Const. L. 4. c. 27. In processe of time the Magistrate having encroached upon, and almost outed the Clergy, Charles the Great revives that good old Law of Constantine, confirming the same Jurisdiction to all Bishops, re­peating the Charter word for word Car. Mag. in Capit. l. 6. c. 28. And here methinks this very name, fills me with hopes, that Charles's are born for the good of the poor oppressed Church: and that God hath miraculously raised up to us, as true a Nursing Father, as ever bare that name, or our Island produced. And truly, who can expect lesse from the Son of such a Father, who dyed the Church's, Nay the Clergies Martyr: for if he could have dispensed with his Conscience, and Coronation Oath, to sacrifice them, and their Revenues to the coveruous fury of a prevailing Adversary, the 30. of Jan. [Page 86]need not have been noted with such Black Letters in our Brittish Almanacks.

CHAP. III. The Ancient Ʋnion of Spiritual and Civil Courts in this Island. Corruptions no sufficient Argument for their utter Subversion. Replies to sundry Objections from the example of Christ, the Apostles, and Primitive Chri­stians.

THe exercise of Jurisdiction by the Clergy in this Nation, may be deduced out of the best Records extant, from the time the Gospel was publickly owned among us. Theres nothing more frequent in our English Annals, then Ecclesiastical, Spiritual, and Christian Courts. I shall not multiply proofs, but content my self with two, the first out of Brompton, where amongst the old Laws of Ethelstan we read, Chron. Joh. Brompton. c. 24 Episcopo jure pertinet omnem rectitudinem promovere Dei viz. & saeculi, & debent Episco­pi cum seculi judicibus interesse judiciis. And the ordering of all measures and weights in each respective Diocess is there made of Episcopal Cognizance, the Standard being left in the Bishops hands. The next is of Spelman. Comes praesidebat foro Comitatus non solus sed adjunctus Episcopo, ut Alter alteri auxilio esset, & consitio, praesertim Episcopus Comiti, nam in hunc illi animadvertere saepe li­cuit & errartem cohibere. Gloss. v. Comes. So much confidence did the Antients repose in the Clergy, that the guidance and over­sight of most temporal affairs was entrusted to them, and a check upon the Laity. Thus lovingly with all sweetnesse, and Candot for 4. or 500. years, during all the Saxon times, and till that unhappy division by the Conquerour, who defaced this beautiful, this regular composure, did Church and State Officers sit toge­ther, in the morning determining Ecclesiastical affairs, and in the afternoon Civil. No jarrs, no clashings of Juriscictions were then heard of, no Prohibitions issuing out from one Court to obstruct the [Page 87]course of Justice in another, thereby hampering the poor Client, that he knows not which way to turn himself. And I am perswa­ded theres no better expedient to prevent lasting vexatious Suits, and to relieve the oppressed; Then again to reconcile these two Jurisdictions, that according to the Primitive usage, as well Spi­tual, as Temporal Judges may be appointed in all Courts, that Moses and Aaron may not quarrel, but walk hand in hand. Though I know this design does not well relish with many of the Long Robe, and tis feared the attempting some such thing purchased our late Arch-Bishop no few enemies, and was one special cause of hastning his ruine. Yet Selden (a Lawyer too) L. 2. de Synedriis, proves, that for the first 4000 years and better the civil and Ec­clesiastical Courts continued united, and the first Distinction pro­ceeded from Pope Nicholas, Grati. Distinc. 96. c. cum ad verum. So that the making Ecclesiastical Government independent, and seperate from the civil is but a late Popish, and Consistorial Inno­vation.

Tis true, it cannot be denied but there have been grosse Cor­ruptions in these Ecclesiastical Courts, many personal infirmities in the Judges, for who ever lookt upon them as other then flesh and blood: Though none but Prophane Chams would lay open, and scoff at the nakednesse of their spiritual Fathers, and like flies stick only to gald backs, and sore places, never taking notice of the many eminent deserts, and service both Church and State have received from men of that Coat. How different was the great Con­stantines Temper? who profest he would put off his Royal Robes to hide a failing in a Bishop. Theodoret. L. 1. c. 11. If some have miscarried let them smart for it, and let not the Calling suffer. Would it be accounted a piece of Justice, if some Lawyers be corrupt, presently to raile at, and overthrow the whole Profession, as incorrigible, pull down their Courts, as not capable of Refor­mation. But grant they have erred, let that calling which is innocent throw the first Stone. I must needs say better reasons must be shown, then ever were yet produced, before I change my judgment, That there are none fitter to advance designs of Peace, and publick Tran­quillity, to administer justice, and hear the cries of the oppressed, then these men of God. Facilius enim Dei timore sententiam Legis veram promunt. Ambro. Certainly, if this had been so abominable, [Page 88]so Anti-christian I cannot perswade my self, that the Learning of Jewel, the Humility of Hooper, and the sweet Innocency of Cover­dale, would have used this Authority and Jurisdiction, which we never find they did in the least Scruple.