A Discourse of the Ecclesiastical State of this Kingdom, Conclusion 1

A Discourse of the Ecclesiastical State of this Kingdom · Conclusion 1

A DISCOVRS OF THE STATE ECCLESISTICALL OF THI Kingdome, in relation to the Civill.

Conſidered vnderunder three CONCLUSION With a DIGRESSION diſcuſs ſome ordinary Exceptions againſt Eccleſiaſticall Officers.

By C. D.

OXFORD, Printed by WILLIAM TVRNER. 1632.

TO THE RIGHT HONOVRABLE WILLIAM EALRE Of Salisbury, Viſcount Cranburne, Lord Cecyll of Eſendon, Knight of the moſt Illuſtrous order of the Garter, and one of his Majeſties moſt honourable Privie Councell.

MAY Jt pleaſe your honour to accept this preſent diſcourſe as an acknowledgment of your Lordſhips favour toward

your obſervant Chaplaine, Calybute Downinge.

ERRATA.

PAge 8. marg. for text, read tit. p. 15. marg. Clayman, r. Clapmar. p. 17. l. 15. with ſtate, r. with the ſtate. p. 21. l. 28. ſic ſtantibus, r. exſtantibus p. 35. l. 18. ordinar. r. ordinario. p. 39. l. 1. adde à farlo. p. ib. Angliterra, r. Anghtlterra. p. 52. l. ib. 506. r. 56. p. 54. marg. Hallandes affaires. p. 55. l. 8. Common, r. Cannon Law. p. 57. l. 18. Conatus, r. Canutus. p. 59. marg. Francum, r. aerarium. p. 67. l. 24. vacante prudentiſſimus, r. vacante; ſèd prudentiſsimus. p. 94. l. vlt. dele Othobone vponupon.

p. 1CONCLVSION I. That the preſent State Eccleſiasticall is moſt convenient, and beſt agreeing with the Civill.

WIth what care and coſt States and Kingdomes, which vphold and deriue all happineſſe to man, as he is a ſociable and a feeble creature, ſhould be preſerved, none will deny; eſpecially ſince they are ſo ſubiect to decay, and the cauſes of their corruptions ſo many.Senec. 117. For the beſt tempered common-wealth is not of any conſtant continuance, but full of changes, and thoſe at laſt, will after much interchange, driue it to a full and fatall period. It muſt therefore be the care of the preſent age, to ſee that it receiue no detriment while they are in it: for they may be ſo orderly, as to worke no diſtemper, but conſerue it in health and wealth, or at leaſt keepe it from decaying ſo faſt, that hauing ſome ſpace to fall in, it may recouer, or they hauehave time to leaue it, and not fall with it, nor that fall vponupon them. Now the beſt, and all that the paſſing, preſent generation can doe, is either to keep things in primitiue order, or to reforme them to it. The firſt of which is difficult to continue, the other dangerous if long diſcontinued. Yet Kingdomes muſt be conſerued, p. 2by the ſame meanes they were firſt eſtabliſhed. This labour, and care then will be to beſt purpoſe beſtowed vponupon thoſe parts which are moſt neceſſary, and vphold the reſt as eſſentiall and fundamentall, being the principles of the intrinſicall,Polybius hiſt. lib. 6. originall good: foreign, or vponupon thoſe that ſecure theſe, foreign. Now that which is the only infallible ground of theſe, muſt needs be principally reſpected by thoſe that are vndertakers for the publick good; and that ground is true religion. For though ill manners are per accidens the cauſe, or rather the occaſion of making good lawes, yet they are better in the executing, beſt when they are obeyed. Now good manners cauſe obedience, and religion naturally begets good manners. But religion cannot ſubſiſt without publicke exerciſe and action, and ſo the requiſites of it are times, places, and ſome perſons who ought to be ſet apart, and wholly and only employed in it; and they muſt be in the common-wealth. Therefore ſeeing it is neceſſary to hauehave a religion to preſerue the common-wealth, it is by conſequent as needfull, to hauehave preſervers of religion, that may not overturne the common-wealth by over-ruling religion. Wherefore the choyſe of them need to be ſuch, that ſeeing they muſt be in the common-wealth of neceſsity, they may be of the common-wealth for vniverſal ſafety. And yet they are to be diſtinguiſhed by ſtate, and order, to avoyd confuſion; nor doth their diſtinction enforce any ſuch forme, after which they muſt governe, as may be inconvenient to the publicke civill ſtate, wherby they are to be governed. The care then of the wiſeſt muſt be either to preſerue, or reſtore that forme of the Clergie, which is moſt agreeing with the Civill State, and that will be the meanes to prolong the age of the ſtate, by preſerving concord amongſt ſocieties; which, though at laſt it come to an end, yet it may out-laſt our dayes, that p. 3we be not vnhappy in the ruine; for it is not the infelicitie of States which hauehave long flouriſhed to decay, or be deſtroyed, but the vnhappineſſe of thoſe men, whoſe hap it is then to liue, and not when they did flouriſh. Now every form of a Clergie will not fit,Guic hypor Poli… but according to divers countries, they hauehave beene ſeverall, ſuiting to the times, places, and people. The firſt was the originall, domeſticall diſcipline in private families, before God made choyſe, and actually ſeperated a nation to himſelfe. Then followed the Leviticall Nationall regiment, compounded and compoſed of, and according to the ceremoniall and judiciall Lawes. Both theſe formes were not onelyonly by divine permiſsion, but alſo by injunction; yet not perpetuall nor vniverſall. Neither of theſe then are the government wee muſt chuſe, becauſe that manner of exerciſing religion is antiquated. Wee muſt then conſider of a forme, which may be conformable to the preſent practiſe of true religion, in relation to Gods revealed Will, which may withall be ſuitable, and ſorting with this preſent ſtate, that ſo they may vphold each other; which forme, though it be not according to Gods expreſſe mandate in ſome particulars, yet it is not againſt it, but with his permiſsion of approbation in all points. Now in this choyce, wee muſt conſider our owne forme of Civill government, and whether that were impoſed vponupon vsus by conqueſt, or by our owne conſent; if by free conſent, and of long continuance, it will with more eaſe and deſire be preſerved, and with greateſt danger altered; if by conqueſt, the more Charters of priuiledges are granted to vsus vnderunder it, the more it is endeared to vsus, and eſteemed happy; but our forme of ſtate is a free Monarchie, erected and protected by free conſent, and of long continuance, not impoſed but confirmed and reformed to the firſt freedome by a happy conqueſt, and endeered vntounto vsus by many Charters of wholſome priviledges. p. 4Therefore we muſt ſeeke or keepe ſuch a forme of ſtate Eccleſiaſticall, as may beſt accord with our forme of Civill policie,

§. 2. This preſent State Eccleſiaſticall is the forme that beſt agrees with the Civill State. That it is not againſt the Law of God, I will not goe about to proue, becauſe I hope none will queſtion it: neither that it was the primitiue, and ſhould ſtill be the government of the preſent viſible Church, becauſe that is already proved without all contradiction by many moſt judicious and orthodoxe Divines: But my vndertaking is (as farre as God ſhall giuegive mee vnderſtanding) to diſcourſe, how it is moſt agreeable with this Kingdome. All States hauehave alwayes endeavoured, as to hauehave a religion, ſo to frame the exerciſe of it according to their owne diſpoſitions: but ſome with more doting indulgence, hauehave at laſt changed it into that which they were moſt naturally diſpoſed to, and did not alter and order their inclinations by it. As the foure grand Monarchies, the Chaldean with whom the Perſian may well be joyned, theſe turned the acts of religion into philoſophicall conſiderations, enquiries, and explications of nature. The Egyptians (a principall branch of theſe Monarchies, and from whom ſome thinke the Chaldeans were derived, and that Belus Neptuni Libiaeque filius in Babyloniam colonos ex Aegypto traduxiſſet, Diodorus Siculus Biblioth. lib. 1.& ex iis Sacerdotes quos Chaldeos Babylonii vocant, qui more Aegyptiorum astra obſervant, &c.) Theſe Egyptians naturally foreign, ſuperſtitious in religion, curious in myſteries, transformed religion into all kinde of ſuperſtitions, and by trying concluſions and chymicall experiments vponupon it, conceited the ſubſtance of it into vnexpected phanſies, furthered by mimicall expreſsions, leading into, and leaving in myſticall mazes. The Grecians by nature foreign, intelligent, able to find out, and loving to contend, drew religion p. 5into diſputes, and would beleeue no more than they could finde out by ſearch of reaſon, and apprehend by force of fanſie; and that they obſtinately maintained, by a wanton working wit, which they might with more eaſe doe, ſeeing their language was ſo happy for expreſſion. The Romans by nature inclined to dominion, fitted the frame of their religion to a Monarchicall forme vnderunder the Pontifices;Cujaci… Origin lis, §. 1 yet they ſeemed to ſeeke a Monopolie of all the Gods in the world: (for they receiued and worſhipped the Gods of all the nations they conquered.) Theſe nations framing religion to theſe ends,Auguſt Civit … 20. cap had a forme of government, vnderunder religious perſons, ſutable to further, contriue, and compaſſe by all meanes, their particular purpoſes, and therefore they gaue them power, of a moſt large extent, yea they were ruled by them; for the Chaldeans were originally Prieſts, and foreign a prieſt,Syneſiu 126. and a Prince were all one with them. So the Magi amongſt the Perſians, the Prieſts of Apollo at Delphos amongſt the Grecians did what they would.Pomp… Orig. I. And the Romans were led by their Pontifices and Augures, but it was whither they would, namely to a Monarchy. Wee having not the ends of theſe nations in our religion, muſt not vſe the ſame forme of Clergie. For I conceiue the aime of the beſt and wiſeſt with vsus, is to preſerue the Church and Common-wealth together. Now that cannot be, where the ſtate of the Clergie governs, but where it is governed. Our ayme being ſuch, let vsus conſider what forme will be beſt governed vnderunder this Common-wealth. There are but three diſtinct formes of Eccleſiaſticall government in Chriſtendome, as the Monarchicall, Ariſtocraticall, Democraticall; of theſe, the Ariſtocraticall is moſt conformable to the rule of this Realme. In proving of which aſſertion, I will not onelyonly inſiſt vponupon the proofe of paſt and preſent experience, that it is ſo, but diſcourſe in reaſon p. 6why it ſhould be ſo. And firſt in oppoſition to the other formes of Eccleſiaſticall government: what they are likely to produce, woefull experience hath long ſince felt in the one, and what we may expect, vponupon probable conjecture, from the other, is not to be deſired by any that vnderſtand, and louelove the happineſſe of this Civill State. For all their principles, fundamentall in their grounds, of augmentation in their growth, of conſervation in their heigth,foreign. Polybius lib. 6. and of reparation in their decayes are moſt dangerous for this Monarchy, and the cauſes of their corruption would be ſo incorporated into the body and bowels of the Civill State, that if it fall not before them and into their hands, they would goe neere to pull it downe with them when they fall. Not ſo ſpeake of their power, which they muſt hauehave, and the exerciſe of it, either in an ordinary and lawfull courſe, or by indulgence or vſurpation, and the manner of their proceedings in the execution of it, what inſtruments they vſe in counſell and action, how much they trench vponupon the power, vndermine the government, countermine the proceedings, countermand the edict, and confront a Monarchy, I leaue it to wiſe and actiue men to conſider.

§. 3. Firſt to ſpeake of the Monarchicall, which is now the Papall government. How this Monarchicall forme hath heretofore agreed with this State, all know; and it is not likely that it ſhould now ſo well accord with it, becauſe the reaſons of that little agreement then, the preſent particular intereſt, in which this State vſed that Monarchy, are ceaſed; for then wee aymed to enlarge our dominion by the right of ſucceſſion in France, by the right of conqueſt in Scotland and Ireland. But the cauſes of diſagreement ſtill remaine, and are in their part aggravated to an vtter oppoſition; ſo that as before it was dangerous, ſo now it is a deſperate caſe to re-entertaine that forme of Clergie, which can and will rule vsus, and p. 7muſt neceſſarily alter, and ſo worke the ruine of the preſent ſtate. VnderUnder this forme this Kingdome was no Monarchie, but a Province, vnderunder a forreiner, an vſurper and a tyrant. This was our beſt condition when that Clergie ruled vsus, though as favourable as they could, or did any Monarchy in Europe. The lawes and priviledges of the land were continually broken and infringed by them, eſpecially thoſe lawes that did moſt immediatly vphold the Kings prerogatiue. Againſt them they continually promulgated particular edicts, for the decrees were too generall to be applyed to occaſions, and therefore they added the decretals, ſo called, becauſe they gaue wings to the decrees for quicker diſpatch. And wee ſhall finde,Duare… benefici… Prooem that moſt of the Decretall epiſtles, which concerne Iuriſdiction, were written to Engliſh Prelates. And (as I conceiue) ſome reaſon might be, becauſe the lawes of this land are more contrary to the Canon Law, than the lawes of any other States in Chriſtendome, being they are more ruled by the Civill Law, from which the Canon is derived, and ſo more cauſes might ariſe here amongſt vsus, either out of the contrariety of the Lawes, or out of the narrower extent of the Common Law, and alſo partly out of the ignorance of the proceedings of this State, which was then likely to be moſt, becauſe intercourſe and intelligence with Rome for that time was abridged; (for Henry 2. being then at variance with Thomas Becket, who was ſheltered by the Pope Alexander the third, permitted not any Legate to reſide in the kingdome; but as ſoone as Vivian was arrived, he was queſtioned, and that by the Biſhops of Wincheſter and Ely, how hee durſt land without the Kings ſpeciall licence.) And partly they writ the oftner to Engliſh Biſhops, becauſe they ſuſpected them, and juſtly, to be more partiall for their Prince, than the Prelates of any other kingdome, as appeares by their readineſſe to examine this Legate, and alſo by an p. 8epiſtle Decretall of Alexander the third to the Biſhop of London, Lib 4. t…t. 17. c…p. 7. qui filij legitimi. Sarisburienſis de nugis curial: lib. 7. cap. 24who then was Gilbert Foliot (a man much commended by Mathew Paris and Iohn Sarisburienſis) in that epiſtle hee curries favour with him in a cauſe which hee knew was of Eccleſiaſticall cognizance, and was ſo judged here in the Kings court, (as appeares out of Glanvill then Lord chiefe Iuſtice) I think in the very particular caſe.Glanvill, lib. 7. cap. 15. Ad Regem Angliae pertinet de poſſeſsionibus iudicare. Iohannes de Pariſijs contra Bonifacium octavum. cap. 12. But he feared, ſeeing the Biſhop could doe ſo much with the King, and would doe ſo much for his King, leaſt hee ſhould finde ſome way to entitle it to the Crowne: and hee had good reaſon to feare, ſince the Biſhop had ſo often in the Kings behalfe oppoſed Thomas Becket and him. Theſe may bee ſome reaſons why the Popes ſent ſo many epiſtles into England, and I am the more confirmed in them, becauſe I finde they were for the greateſt part written by the moſt Pragmaticall Popes, who buſied and beſtirred themſelves moſt in ſetting up orders, and new freſh Fryes, and fraternities of Fryers; and in pulling downe the powers both of our Kings and Biſhops: to wit, from thoſe ſeaven Popes (who were the thirds; and I thinke the worſt of their names, I am ſure of their predeceſſors.) As for the moſt part they were written from Alex. 3. Lucius tertius, Vrbanus tertius, Clemens tertius, Coeleſtinus tertius, Innocens tertius, and Honorius tertius; theſe men did and undid very much, becauſe they were active and lived long. If then this forme of Clergie was thus prejudiciall to our ſtate before it was oppoſed and incenſed by the ſtatute of Proviſo and Premunire, and caſt off by the Kings juſt re-aſſuming their power, (which ſhewes that all their right was nothing but our ſoveraignes wrong;) ſurely now wee are not to expect ſo much favour from them: and therefore as the State then thought it neceſſarie and right to caſheere it, and brought their purpoſe fully to paſſe; ſo it is now more neceſſary and juſt to keepe it out, ſince it is infinitely p. 9increaſed in tyranny, ſince that unhappy, unadviſed, ill adviſed conventicle at Trent.

§. 4. Thoſe nations ſhall have the beſt uſe of that forme, who propound a civill ſtate as large as their Eccleſiaſticall; and to whom he hath firſt ſought too for aſſiſtance: and withall are able to overrule it. For after Iuſtinianus the laſt of the true Roman Emperours, and Gregory the laſt of the good Popes, that See claue to Phocas; who named the Pope Vniverſall Biſhop, that hee might proclaime him Catholique Emperour. But when in the next Centurie the Eaſterne Emperours were infeſted with Saracens warre, began to pull downe images as ſome cauſe of the warres, which the Pope endeavoured to ſet up againe: then by the ſecond Councell of Nice, whether becauſe they did him wrong in diſobedience, or rather becauſe they could doe him no good; the Greeke Pope Zachary fell off to the French before the next Centurie. And then Pipin uſed him to confirme, not to conferre his new atchived Kingdome; for in thoſe dayes they gave no ſuch power, neither did Pope Zachary claime it: for hee depoſed not Childericke, but conſented to the depoſing, which was by the Peeres of France; neither did he ſet up Pipin in his roome: but they that depoſed the other onelyonly ſent to Rome to have Zacharies adviſe in it,Bulla foreign becauſe it might paſſe more plauſibly in the world by the conſent of ſo grave an Oracle: as it hath alway beene good wiſedome to winde in the conſcience of one who is eſteemed an upright Iudge, for the countenance of an unuſuall cauſe humorouſly undertaken by the firſt Author; eſpecially there being then a faction amongſt the Biſhops of France: Baro… nal. …ſo that this inquirie of his judgement in point of fact did non ſubmit to any claime of right. And Gotefridus Viterbrenſis affirmes, and Baronius confeſſes, Francos non Zachariae paruiſſe decreto, Baro… nal. …ſed acquieviſſe conſilio: and there is great difference betwixt an abſolute p. 10injunction, and a politique adviſe, which is onelyonly an anſwere out of diſcretion and left to diſcretion, implies no obligation of neceſſitie. But this is without queſtion, Pipin being ambitious of the Kingdome, and deſirous to cover and colour it with religious ends, uſed the Pope to countenance and compaſſe his deſigne; who would not withſtand him, being ingaged to him for protection and by bounty, or which is likelier, hee durſt not, being too much in his power. But howſoever it was, he clave faſt unto the French for that Century: eſpecially to Charles the great, the repairer of the Weſterne Empire; from whom the Caroline ſucceſſion continued till Otho the third. But then the French Kings being diſtracted by warres at home,Auguſtinus de A…cona de poteſt. Papae: quaeſt. 37. Art. 5. could no more aſſiſt them: Gregory the fift an Almaine transferred it to the Almaines, choſe thoſe ſeaven Electors, but they agreed not well together: after the Almaine Pope was dead and Italians ſucceeded, they preſently began to quarrell with the Emperour, and to ſend challenges of right into Italy; knowing that the Emperour was not able to doe much for them in giving them as the French had done, and perceiving hee was more unable to hold from them that which they would have:Segebertus …hron. paſſim. ſo that the Emperours were continually imbroiled by them, being not able to rule them, decreaſing as faſt as they roſe. Then the oppoſition betwixt many particular Popes and Emperours, as betwixt Gregory the ſeaventh and Henry the fourth, and Alexander the third with Fredericke Barbaroſſa, was very ſtrong. But after it grew to ſuch a height that they were ſetled into factions of ſeparations, as the Eccleſiaſtiques and Imperialiſts, eſpecially in Italy; Nabrigenſis hiſt. Anglicana lib. 4. cap. 13.which the Italians quickly perceiving, becauſe earneſtly deſiring the Emperours power over them to be looſer, began to make uſe of the Papall preſent oppoſition to procure their full liberty:Abbas Vnſpergenſis chron. paſsim. and therefore theſe factions were moſt ſtrong there. Yet that grand faction p. 11diſtinguiſhed by many formalities, was principally maintained under the names of the Guelfs and Gibellins, which ſwallowed up all the private and pettie familie factions of Italie. As the Vrſini in Rome were Guelfes, Mat hiſt. Annthe Collonenſi Gibellins, the Vberti in Florence were Gibellins, the Bondelmonti Guelfes, and ſo it was in Naples, Venice, Millaine: which ſtrife continued hot till Boniface the eight, who perceiving how much his predeceſſors had gained upon the Emperour, and ſaw but little more for him to get; began to practiſe the like domineering humour upon the other Potentates of Chriſtendome, ſending his letters of claime to the Kings of France, England, Scotland, Denmarke, Poland, Hungarie. But being oppoſed by Philip le Beau King of France, hee did flie backe to the Emperour for ſuccour, who then was Albertus, the firſt Emperour of the houſe of Auſtria (for though his father was Emperour, yet hee was not of the houſe of Auſtria, neither of the old Marqueſſes nor late Dukes, but Earle of Hansburg, who had conquered the Dukedome of Auſtria for his ſonne.) This Boniface the Spaniard firſt began the faction betwixt the Kingdome of France and the houſe of Auſtria, by giving the Kingdome of France to Albertus. Theſe two better agreed then any, becauſe the Pope had taken off the Emperour from ſeeking his owne right in Italie, by imploying him as his champion to enlarge his dominion in other Kingdomes: and partly becauſe the Emperour had good hope to continue the Empire in his familie, as it hath neere foure hundred yeares. From which time the Emperours and Popes diſagreements were not ſo frequent, but onelyonly when ſome French favourers were Popes, and they ſate at Avinion, as Clement the fifth with Henry the ſeaventh, and during the times of the Councels of Conſtance and Baſill. But by reaſon of the ſchiſmes in the Roman See, they did one another neither much good nor harme, vntill the time p. 12of Alexander the ſixth, a Spaniard, who was exactly ambitious, a great lover of his countrie, and one that did much for it.Anonymus Hiſp. in vita Alex. For hee joyned with Ferdinand the firſt Catholick King, helping him to ſubdue Spaine, and therefore firſt brought in the Inquiſition Contra los Iudios y mores, que le aviantornado Chriſtianos, which Caranza Arch-biſhop of Toledo, ſaith Ferdinand, conceived himſelfe bound in conſcience to vſe, by vertue of an oath taken with an imprecation by one of his predeceſſours in the fourth Councell of Toledo, Baronius Annal. An. 637.which Baronius ſo much commends. This Pope alſo beſtowed vponupon him the then diſcovered Indies, with many other favours, and for his ſake, and in oppoſition to the French, hee was as faſt a friend to the Houſe of Auſtria, as his deepe diſſimulation would ſuffer him;Philip. Cominoeus, lib. 8. and the rather, becauſe they had lately matched with the Houſe of Burgundie, which much weakned the French force, and ſtrengthned their factions.Thuanus hist. lib. 4. But then moſt when Philip, the heire of the Houſe of Auſtria and Burgundie, incorporated himſelfe with Spaine. So that I will conclude theſe things conſidered, that this forme is onelyonly ſafe and convenient for thoſe kingdomes that propoſe conqueſts, and can rule it as the protectors of it.

§. 5. So then ſeeing this Clergie is not for vsus, I will conſider of the other, which for diſtinct proceeding, we may call Democraticall. When the three Prime Potentates of Chriſtendome, were Charles the fifth, Henry the eighth, Francis the firſt, ſuch as deſerved and deſired to hauehave all the ſoveraigne power that could of right belong vntounto them, and yet were contrariwiſe vſurped vponupon, and deprived of all their eminent ſupremacie, in thoſe things that moſt concerned them; & perceiving (ſome beginning to queſtion the Pope) a courſe of relieving themſelues, they began to vrge a Councell for reformation, not onelyonly in doctrine and manners, but alſo in point of Eccleſiaſticall p. 13government. But it was ſo long vrged by them, to no purpoſe, that Henry the eigth adviſedly wrote to the other; That ſeeing the Pope had ſo long put it off,Hiſto. Trid. and now intended to hold it within his owne territories, it were the beſt courſe for every one, to reforme his owne Kingdome, and he did ſo with the adviſe, conſent, and deſire of the Church and Stat… repreſentatiue. No ſooner was a reformation in any degree ſetled, but preſently it was excepted againſt by ſome that favoured the Church of Geneva, as not fully reformed, becauſe not agreeing with their new neat platforme; & that was vrged vpō vsus, as the only Apoſtolical government of the Church. But I marvell how ſuch an exact government ſhould be ſo ſuddenly framed, or elſe which is more ſtrange, that they could ſo conceale their happy invention; as that Francis the firſt, a King of France, that ſearched into his government as much as any, ſhould not know of it. For I am very much deceived, if hee had not beene much miſtaken, knowing of this project, to deſire the Councell might be held at Geneva, being it was Diametrically oppoſite to the Romane. But our State had no reaſon to receiue it.Hiſt. Trid. For though it was neceſſary, not onelyonly in reaſon of State, but alſo out of conſcience, that (after we perceived the indiſpoſition of the Romane Clergie to reforme themſelues, (which they ſeem to hold impoſſible.) For though every Cardinall takes an oath in the vacancie, yet it cannot binde him when he is Pope; wee ſhould then performe our duty, eſpecially ſeeing it ſtood with the publick good.) Yet neither of theſe conſiderations did engage vsus to accept of ſuch a forme of Clergie, as ſeemed to runne a cleane contrary courſe, ſeeing we propounded not an innovation, but a reformatioa; that being as dangerous, as this was neceſſary, it could not here be entertained without an vniverſall innovation. Now all ſtirring changes are dangerous, eſpecially when the body of the p. 14common-wealth is full of diſeaſed, diſcontented humours. Becauſe all alteration ſets the humours a working, and one humour being a-foote, ſtirs vp all the reſt, either alluring by ſympathie, or provoking by antipathy; and when they are once a-foote, it is to be feared, that they will not onelyonly disburthen the body of malignant oppreſſing cru…ties, but weaken it in the moſt principall parts, cauſing it to receiue a diſpoſition to the like diſtemper, vponupon every ſmall diſtaſte. But it is moſt dangerous to innovate in that part of a common-wealth, that is moſt eſſentially actiue, and hath beene lately recovered, eſpecially if the matter propoſed doe miniſter any cauſe of relapſe. Both which ſeem too true in this new diſcipline, which gaue an occaſion to the Clergie to revolt in the denying the ſupremacie, which they lately acknowledged. And being a forraine French deviſe, might ſeeme to come within the compaſſe of a praemunire for intruſion. as well as that of the Church of Rome for vſurpation. But this was only propounded, not brought in, and that by men who were by ſome beleeved to be faithfull to our State. And it may be, they had no dangerous aime in it, yet it would hauehave beene very dangerous for our kingdome, ſince it did neceſſarily induce an alteration in the profeſſion and practiſe of the lawes, which by reaſon of their long vſe, are as it were naturalized, into the manners and diſpoſition of our nation. foreign.Ariſt. Rhetor. l. 2. cap: 11. It muſt neceſſarily hauehave conferred ruines vponupon our ſchooles of learning and hoſpitals of charity, razed the foundations of our Churches, confounded diviſions of pariſhes, changed the right and cuſtome of paying tythes, with many ſuch miſerable inconveniences, which were ſo in the Apoſtles times of miſeries, in perſecution. So that the State then would not venture to trie concluſions vponupon it ſelfe, by this new receipt, but choſe rather to feele the ſuppoſed paine, than to p. 15take the pill: and yet it hath ſubſiſted, though not in that heigth of health, which that forme of government promiſed; yet in ſuch a good competent continuance of reaſonable well, that the preſent ſtate alſo had rather indure the worſt of the diſeaſe, than make the beſt vſe of the remedie. And if it muſt hauehave made ſuch a change in the entrance, what would it hauehave done in the continuance? how would it hauehave agreed with this Monarchie, that muſt hauehave entred with ſuch oppoſitions? ſo that I neede not to ſay much to diſcard it, for it hath enough in it at the firſt ſight to keepe it out. And I confeſſe, that if I would, I cannot ſay much of it with any confident certainty, becauſe indeed I doe not know, neither doe I thinke that any of them doe, or at leaſt ever hauehave ſet downe, in poſitiue and plaine termes, the whole frame and face of this platforme, as they would hauehave it received in this Kingdome. But as much as I conceiue of it, and at the beſt and pureſt, it is a mixt Democraticall diſcipline, and it is not likely, that a diſſolute Democracie ſhould long agree with this Monarchie. It is not my intent here to diſcourſe of the nature of a Democracie,Clayn Arc. that I ſhould ſhew the manifold conſequent, coincident inconveniences, that doe naturally flow in with it, and follow it (notwithſtanding that Machivell in many of his diſcourſes vponupon Livie, doth preferre a Democracie before any other forme, but rather wittily, out of a Paradoxicall contradicting humour, than wiſely, out of the weight and worth of ſincere, ſage, and ſerious arguments. And Plato ſaith thus much for it, in his Idaea of a Common-wealth,Plat… lib. 5 foreign inter iniquas formas optima, inter legitimas deterrima. For if it begin to degenerate into an Ochlocratie, (as I cannot conceiue it poſſible, but it muſt, conſidering that liberty is the end and excellencie of it) then it turnes to a moſt head-ſtrong, intollerable tyrannie. For I am not of their opinion, that hold it a contradiction, that where a Democracy p. 16prevayles, there can be a tyranny. For the Ephori of Sparta, were as the Tribunes of the people of Rome, choſen by the people, and out of the common people, and the conſervators of their liberty. Yet I thinke there are but few that diſcourſe of theſe Ephori, but they conclude, and condemne their government of tyranny. They caſt Pauſanias into priſon, and Thucidides ſaith, that they vſurped that power over, and againſt their Kings, for they put Agis junior to death,Plato de leg. lib. 4. as Plato, foreign, and they were ſet vp to reſtraine their Kings. It is a hard matter to keepe that liberty within its limits, in any common-wealth, where it hath the ſupreme government, and therefore with much difficulty will it ſubmit to be governed by a free Monarchy, eſpecially a Democracie of that new nature, which makes the ſame perſons civill ſubjects, and eccleſiaſticall ſuperious, thoſe lay Elders that are neither Miniſters nor Magiſtrates, and yet muſt be governours in the Church, whoſe juriſdiction doth deſtroy the nature of a Monarchie. For all publick government in the Church, derived from Chriſt, the fulneſſe of it, is either Propheticall, Sacerdotall, or Regall; and they aſſume not any of theſe, but the Regall, which is given in charge to ſupreme Chriſtian Magiſtrates in a Monarchie; and therefore, if they deriue not this power from him, they eſtabliſh a regiment againſt him. So that if his power, doth not include theirs, they exclude his; and he having no ſupereminent power over them, as they impeach his right, ſo they will enlarge their owne liberty, till it be diſſolved into a looſe licentious libertiniſme:Polybius hiſt. lib. 6. foreign, (as Polibius well expreſſes it.) And if they did not thus, it were the greater vertue, ſeeing they muſt hauehave ſuch power limited by lawes left to diſcretion. And they would finde it a hard peeece of patience, to abſtaine and containe themſelues within ſuch bounds of obedience, as this State p. 17neceſſarily requires. Can men that profeſſe themſelues popular paſſe plauſiblie and pleaſe the vulgar if they doe not to their vtmoſt vphold them in their higheſt inſolencies?Tull… 2. co… Agra Tullie found this impoſſible when as hee withſtood the people in Lege Agraria, for they caſt him off, and clave to Rullus, who would be popularis though it were but in populatione: and as it cannot ſtand with the power of our government, ſo it withſtands the honour of our governour, debaſing the majeſtie of a Monarchie into a popular paritie, without reſpect of His moſt ſacred perſon. In this it is truly Democritall; for as it was received for libertie, ſo it muſt bee vpheld by equality: foreign cannot be fully free without foreign,Poly… lib. 6 and I cannot then conceiue how any could apprehend it as a forme likely to agree with ſtate; ſo that this government at the beſt would bee like the ſpleene in the body, which is the ſubject of the dregs and ſettlings of the humours, as a Democracie is la feccia della plebe, Gui… Hiſt.and as the ſpleene being not able to mooue it ſelfe is not troubleſome, ſo long as it is not preſſed vponupon by the heart, but permitted full and equall liberty, nor diſturbed by a Flatus hypocondriacus foreign, but once mooved foreign affectes the head and heart with turbulent diſtempers;Hipp notio ſo in a Democracie as long as they hauehave all at their looſe liſt, and are not compelled to keepe within compaſſe, but apprehend themſelves equall to the higheſt in all reſpects, and are not mooved by ſome ſedicious ſpirit, they are quiet enough; Nam multitudo, ſicut mare, per ſe immobilis eſt, Livi Pſal … Ide…but if once they perceive that any goe about to oppreſſe or croſſe them in their falſe and fugitive liberty (as they are very ſuſpicious vponupon the leaſt cauſe) they preſently are ready, but tentare magis quàm tueri libertatem: and if any one dare but begin to blow a Trumpet of ſedition, (as they doe not eaſily) ſtatim ferox erit ſi non ad bellandum, p. 18ſaltem ad rebellandum. I doe confeſſe that this forme of government may bee of good uſe in ſome ſtates at ſome times, as in a popular ſtate where theſe Lay Elders may be both Church and Citie Burgeſſes; as the Democraticall Helvetians approved it: ſo alſo as for the enlarging of a Monarchie,Machivellus, l. 1. cap. 5. the Monarchicall is beſt; ſo for the ſettling of a Monarchie, that Democreticall may be ſafeſt, and ſo may bee the beſt government when a ſtate is not ſettled but newly erected: for then it is not ſafe to uſe ſeveritie a… when our ſtate was not fully ſettled. Martin Mar-Prelate dared to vent his diſcontented humours in ſalt rumours,Curtius Hiſtor. lib. 5. as men in rheumes: In novo & precario imperio no… ſtatim jugum rigidum cervici imponendum, but it is good taming them by degrees, for then a Magiſtrate hath little power to command, much leſſe to reſtraine; & therefore it hath bin found the beſt courſe to let thē take their courſe: for Mos eſt vulgo, Tacitus Hiſtor. lib. 1. Livius lib. 11. Hiſtor.mutabili ſubitò, & tam prono in miſericordiam, quàm immodicum ſaevitiâ fuerat, and ſo by indulgence finde laſcivire magis plebem quàm ſaevire. And I am perſwaded that this diſcipline was onelyonly choſen for that time when the Apoſtles were under perſecution, and there were no Chriſtian Magiſtrates to repaire to for juſtice: then they appointed ſome to judge betwixt brother and brother. But it doth not appeare that they were Eccleſiaſticall Iudges, certainly no ſuch lay Elders in the Apoſtles times as the Separatiſts now plead for, but rather civill arbiters to make agreement betwixt them in civill controverſies,1 Cor. 6.4.5. Hiſtor. Con. Trid. lib. 3.1 Cor 6:41 Cor 6:5 (as may appeare out of the place) though the author of the Hiſtory Concil. Tridentini make that a ground for Epiſcopall juriſdiction. For the Apoſtles had no reaſon to delegate the cognizance of ſpirituall cauſes, becauſe in thoſe dayes they were ſo few, and needed no proofe to them; becauſe they had the gift of diſcerning of ſpirits, and of knowing of ſecrets, hauing the gift of prophecying. And I doe not beleeue that it can bee proved that p. 19they gaue commiſſion to any to receiue accuſations, (which is much leſſe then to giuegive judiciall cenſures and deciſions) to any but to the Biſhop of Epheſus: 1 Titbut I intend not to enter into controverſies, neither need I, ſeeing ſo much hath beene already written in that point to good purpoſe by many moſt reverend Fathers of our Church. But to returne to my intended diſcourſe; this ſtate of the ſoveraigntie of theſe ſeniors I grant to be of ſome uſe in free Cities in time of tumult; and ſo I doe beleeue M^r Calvin intended it, yeelding to a popular partie, and not as an vniuerſall perpetuall government for all truely reformed Churches. For though ſuch a wiſe reſpected man as hee was, might during his time preſerue it in the ſame correſpondent conformitie to his propoſed patterne, (as Polibius ſaith) the Thebane Democracie foreign; it ſtood not by the good temper of their pollicie,Polyb but by the vertue of their governours foreign: ſo might it bee ſaid of the Geneva Church government, that though for the tranſgreſſion of it many were the rulers of it, being a Democracie:Pro. … Nil m prodeſt curari lunt. Senec… Mach… lib. 1. … yet by a man of underſtanding and knowledge, the ſtate thereof was prolonged; for hee could doe much to appeaſe ſeditions, as Franciſcus Biſhop of Volterra ſooner ſettled a tumult in Florence by his graue preſence, then the Magiſtrates could by the weight of their authoritie. It is plaine then out of this that hath beene ſpoken, that this government by popular Presbyterie is not for this ſtate.

§ 6 Neither of theſe being convenient, and there is but another, and it hath alwayes beene the government in this ſtate; it muſt neceſſarily follow without any more proofe, that this is moſt agreeable with the Civill. Thoſe that are no well willers to our ſtate hauehave ſtrucke at our Church gouernment, with which there is ſuch a happie hartie vnitie, as dare bid the world doe as ſhee would bee p. 20done to (as that abſolute Statſe-man the Earle of Salisburie replyed.) And it is no marvell, ſince it is not onelyonly the primitiue ancient government of the Church in generall; but the onelyonly forme alſo that euer was received in this ſtate, according to the ancient lawes of this Iland, though it ſeeme to be brought in under Henrie the eight, when it was onelyonly reformed from the euils, and reſtored to the former ſtate: for our Clergie was never of right ſubject to the Pope, neither as he was Patriarch to the Weſt, nor in his province. And this Ariſtocraticall forme hath moſt happy qualifications that diſpoſe it to the peace, profit, honour, & ſafety of this ſtate: I could now wiſh with Tully when hee was to write againſt Democraticall Agrarian lawes,Ad Atticum, l. 2. epiſt. 3. Vtinam Theophraſtum foreign, &c. Vbi multa ſcribuntur foreign. After this Kingdome with many others had long laboured under a lingring conſumption, being continually ſucked, and in a manner exhauſted by the continuall ſupplying of the Popes Exchequer, which drew away the vitall ſpirits, weakned the ſinewes of warre; cauſing extenſions and convulſions: and farther alſo in reſpect of domeſtique peace, it had not a juſt proportion of power to exerciſe its onelyonly civill and lawfull authority: inſomuch that many who ſhould have knowne what in poſſibilitie of ſtate might bee done for a recovery of a temporalitie, diſtempered and diſtreſſed by the malignant humerous power of an uſurped ſpiritualitie, like a feaver in the ſpirits cauſed by obſtruction;foreign. Hippocrat: lap. 5. prog. All thoſe men gaue it over for deſperate, ſome conceiving the diſeaſe incurable in its owne nature, becauſe, that non obſtante the helpe of ſo many ſtrong ſtatutes and purging proviſoes, the diſtemper was as violent, and more virulent then before; & they ſaw no ſafe and certaine courſe of preventing phyſick, for it was ſo far ſpent, as that it ſeemed to hauehave paſſed the period of curing: but as when men are brought to a deſperate point they will trie concluſions, and they p. 21that drive them to it doe often repent it; ſo the Pope putting and paſſing our ſtate upon deſperate hazards, forced it to trie its ſtrength, which is ſoone found; neceſſitie driving, and opportunitie drawing: Acerrima virtus eſt, quam ultima neceſſitas extundit: Senec…a men. land ſo it caſt ſuch an vnreaſonable vnruly rider, who thought, and ſo did all chriſtendome, that hee had ſitten cloſer and faſter upon our skirts, and would not beleeue that it was poſſible for a Parliamentary power repreſenting the ſtate, euer to hauehave beene able to diſſolue the great Abbies, though they durſt fully reſolue it; untill they ſaw them begin with the little ones; then they had reaſon to grant it poſſible:Ariſt. R lib. 2. c foreign. Yea they found it fully finiſhed, and that on ſuch a ſudden, that as it wrought admiration in the beholders, ſo it procured ſafety to the actors. For in actions of that nature, haſte onelyonly makes good ſpeed. That the event of this action was good, is proved by the deliverance of the ſtate. But for the action in it ſelfe conſidered, as I doe not commend it, ſo I will not condemne it, becauſe I am not able to ſift and ſearch into the circumſtances of it; but I will onelyonly ſay thus much of it, That actions that ayme at, and make great alteration, though to the beſt, doe ſeldome keepe a juſt mediocrity, eſpecially in reſpect of that part of the common-wealth, which is the ſubject of the alterations: as a ſtrong, ſtirring Chymicall ſpirit-purge doth in a naturall body, that ſtirres vp more than ſhould be moved, and purges out good, as well as ill humours. But no ſooner was our State thus delivered from vnderunder the tyrannie of the Eccleſiaſticall Monarchy, but it as ſoone pitched vponupon the Ariſtocraticall government, as ſuitable and fitting beſt with the weale-publick. And as all the Chriſtian world did then in ſincere judgement of State rebus ſic ſtaantibus approue their choyce, ſo we hauehave ever ſince found the happy effects of it, in the ſafety, honour, and treaſure of the p. 22State. Conſider it firſt, how it wrought little or no alteration in the receiving, being according to the lawes, taken by their owne choyce, reſtrayned with the limitations of the Civill State. For all the turmoyle and toſſing tumult, was onelyonly in caſting out the other forme, as a privation, before the induction of a new forme in naturall bodies. It was received without force, as moſt naturall to the Civill State, and no other could hauehave beene brought in with ſuch certaine good ſecurity of the ſtate: for the Monarchicall that time could not be received,Hiſtor. Concil. Trid. lib. 2. but either vponupon their repentance of what they had done, and by procuring of a pardon from the Pope, (as it was in Queene Maries dayes: and doe but conſider, how evill that was for the State) or elſe by helpe of forraine force joyning with domeſtick rebellion, as was often attempted. But this was not any thing ſafe for the kingdome, as is already proved. And for the Democraticall diſcipline, there was great and certaine danger in receiving of that, for it could not poſſibly be conceived to be received, but with a ſchiſmaticall ſedition, ſince it was approved but by a faction. Now doe but conſider, how dangerous ſeditions are in an ancient kingdome; if it were now a ſettling, happily the vigour of youth would beare it out, as one maine reaſon (as I conceiue) why the Roman Monarchy was not ruined by thoſe foure firſt grand ſeditions, was becauſe it was but ſecunda aetas, & quaſi adoleſcentia: Lucius Florus lib. 1. cap. 22.But when a State is growing old, ſeditions are deſperate courſes to procure changes, though it be for the beſt. For though the events of them be but doubtfull, yet the deciding-place is certaine of loſſe. But for this preſent forme, as it re-entred without a State-earthquake, without any ſhaking of the ground of the Civill government, ſo it hath ever continued peaceable, and a pacifier of growing differences, being the middle State of three, carrying it ſelfe as a moderating mediator betwixt p. 23the King and the Subjects. And all this good, and much more proceeds from the temper of the forme of government. For it is the onelyonly forme fit to be vnderunder this Monarchy, becauſe it will onelyonly be eaſily ruled and ordered by the State, when as both the other will rule wher they are entertained, although after a divers manner; one having dominion over the Civill, the other without it. But this is vnderunder the Civill, in relation to the head; and in it, in relation to the body. And as it is eaſily ruled, ſo it will not eaſily be diſordered, as the other will, though they ſhould ſubmit to be ruled for a time, till they be able to reſiſt. For ambition is ſo perniciouſly provident, that it will be ſomething able to reſiſt the power of its oppoſite, to get from vnderunder it, before it trie to goe about it. Firſt, taking care not to be oppreſſed, before it endeavour to oppreſſe; for all the branches of rebellion, are rooted and hid in the depths of diſſembled diſobedience. But this is not ſo inclined; for if any forme of policie degenerate, it muſt be either into a Tyranny, an Oligarchy, or a diſſolute Ochlocraty. Now an Ariſtocracie cannot be immediately diſſolved, either into a tyranny, or a tumultuous popularity. And it is not eaſie to conceiue, how it ſhould by any meanes, by the courſe of State corruption, ever degenerate into a head-ſtrong popularity of it owne accord, without externall force. And as little reaſon there is, why this ſhould advance it ſelfe to a tyranny, by turning the Church into a court,Earle … bury hi… to ſcan… papers. and religion into a vaſſall to ambition; for it muſt be reduced and reſtrained into an Oligarchie: and there is no great reaſon in this point, to feare the Clergie in this kingdome, all things conſidered. It is true (as all Hiſtorians and Politicks obſerue) that an Ariſtocracie is ſubject and prone to be corrupted into an Oligarchie: But doe but obſerue the end of an Oligarchie, and you will finde, that an Ariſtocracie can hauehave no ſuch ayme; for their end is, to grow p. 24rich, as the States of Venice and the Belgick provinces, and their counſels driue at that end,Ariſt. Rhet. lib. 1. c. 8. foreign; and according to this end, and this counſell to it, he that will prevaile in perſwading with them, muſt deliberate,Sen. Suaſor. 1. in libera civitate, non vt apud reges, quae delectant, ſed quae proſunt ſuadenda ſunt. But our Eccleſiaſticall Ariſtocracie is not to be ſo perſwaded, having no ſuch counſels, becauſe not the ſame end; only they may be rich, if they did deſire it, becauſe being poore, they are a fit ſubject of wealth. The poverty of this Clergie hath charmed it againſt actiue ambition, ſo that one of the Optimates doe not looke higher than his peeres, ſet with him in equall power and honour, in relation to their ſeverall Dioceſſes, though the power of juriſdiction be in ſome caſes larger, in the provinciall Prelate, Nemo noſtrum Epiſcopum ſe Epiſcoporum eſſe dicit, Auguſtinus contra Donat. lib. 4. cap. 1.neque tyrannico terrore ad obſequendi neceſsitatem, collegas ſuas adigit: ſo that per accidens, the impoveriſhing of the Clergie in Henry the eight, when it ſeemed in the eye of ſome too rich for the Civill State, did this good, to preſerue them from an Oligarchie; even as to take ſo much bloud away in a pluriſie, as to bring a man to a deepe conſumption, is a probable preſervatiue againſt dying of a burning feaver. So that alteration of this State is not much to be feared, in reſpect they hauehave no reaſon to alter it; and withall it is not eaſily altered, if they had this or any other ground to doe it. For an Ariſtocracie in it ſelfe conſidered, is a government of a moſt conſtant, continuing conſtitution, eſpecially, when it is mixed and tempered with a Monarchy. For the reaſon of its conſtancie is not onelyonly the ſlowneſſe of the motion, either to augmentation or diminution, like a great engine moving with many joynts, in which poynt a Monarch will much advantage in advancing & ſetting faſter forward, if not their deliberations, yet their determinations; and with eaſe and p. 25ſpeed ſtay all their errors and declinings, while they are but in the breedings, beginnings, and begettings; but then alſo the force of their factions (which breaking out, are the common ruine of Ariſtocracies) will be abated, as it may be ſeene in the Spartane and Venetian States, oppoſed to the Athenian and Florentine. For theſe had an Ariſtocracie without a Monarchie, and were continually toſſed with ſeditions and factions. As that long laſting faction of the Guelfes and Gibilines, which could never be fully taken away, but by the ruine of one partie, when as the Venetians their neighbours (whoſe Duke was then not a Simulachrum imperij) kept the faction out of their common-wealth, though they did declare themſelues ſometimes on one ſide, and ſometimes on another, leſt they ſhould hauehave beene hated of all, as negligent neutrals; but they did not nouriſh the faction amongſt themſelues, but maintained it in other Countries, as they would doe warres. But the State of Millaine could never be free from it, vntill it was extinguiſhed by Franciſco Sforza, Paulu… hiſt. lib(who was a free Prince, though an vſurper) ſo that the mixture of a Monarchy, and the predominancie in an Ariſtocraticall State, doth not onelyonly make it actiuely more able to offence, but more paſſiuely powerfully defenſiue, not onelyonly by preventing preſervations from domeſtick dangers, but alſo by recovering it out of them. And our preſent State Eccleſiaſticall is thus mixed. Bellar ſumm… cap. 3.(for I doe not vrge a ſtrict Ariſtocracie; foreign (as Ariſtotle) and therefore hath the beſt meanes of conſervation in reſpect of the forme…. And it hath one more prevalent preſervatiue in the Optimates themſelues, which is, that they are ſtrongly diſpoſed to this kinde of government, not onelyonly by being of quiet contemplatiue natures, but alſo Academicall Colledge government, which doth firſt poſſeſſe them and fully pleaſe them, is Ariſtocraticall, having the proper ayme of that p. 26forme of government;Ariſt. Rhet. lib. 1. cap. 28. foreign, diſcipline according to law, is the end of that forme of government. And they then that ayme at that, are moſt likely to preſerue it, by perſevering in their intentions; when as others that will deviſe new platformes, and platforme diſcipline, and will ſeeme wiſer than the lawes, doe ſuddenly ſubvert or diſturbe this moſt ſafe and ſetled forme of government.Thucydides l. 3. Witneſſe the Athenians and the Florentines, who being of a ſtirring over-actiue temper, and alwayes doing, though it were to the vndoing of things well done, changed this forme of State ſeven times, which corrupting tranſmutations, I hope Machivell their Countryman doth not call and commend vnderunder the termes of reformation,Machivellus lib 3. c. 10. and reduction to their primatiue principles, without he will grant their prime originall order, to be rayſed out of confounded confuſions. When as the Venetians, who hauehave beene calme and cold, and conſtant in provident proceedings, hauehave kept to the ſame forme without any fundamentall alterations, and that becauſe they will be ruled by lawes; whereas the Florentine is ſo overweeningly wiſe, that he thinkes he ſhould Emperour-like rule and make lawes foreign.Ariſt. Rhet. lib. 1. cap. 11. So that Bodinus judgement of them, and the Neopolitans is true; and approues him to be a moſt rationall ſtatiſt;Bodinus de repub. l. 5. c. 1. Dignos ſe eſſe imperio ſinguli arbitrentur ad populare imperium, magis quàm Optimatum inclinati. But ſuppoſe this government ſhould be diſordered, it is eaſilieſt reformed againe, which is a point of very great ſafety, it may be done without any ſtirrs of tumults, and ſpeedily, for it hath not that power to reſiſt authority, which the other two formes hauehave; and that becauſe it vſeth not the meanes they doe to procure it. For the Monarchy of the Church of Rome, and the Democraticall diſcipline, ſtirre vp the vulgar, and rely and reſt vponupon them for aſſiſtance, and defence, and therefore they endeavour to wooe and p. 27win their hearts, that they may vſe their hands and purſes: yet they doe it divers wayes. As the Romaniſts, amongſt many other wayes, they get into their hearts at their eares by auricular confeſſions, they hold them by their eares, and by their eyes; they faſcinate their fond phantaſies with ſuperſtitious ceremonies, exquiſitely intricate, full of myſticall and magicall mazes, broached by fancie, continued and countenanced by fables, conſiſting in the maſſie materiality of bodily exerciſe, as may be ſeene in the auſterity and State of an Auſtrian penance, or in a Pontificall proceſſion, where all is done with ſuch concealed ſecrecie and ſilence, that nothing is proſtituted to be polluted by the vnſanctified view of the vulgar. Thus by feare mixed with delight in ſuperſtition, they can leade them as they liſt, and engage them in their quarrels, and bequeath to them their dangers they hauehave pulled vponupon themſelues. The Diſciplinarians are not onelyonly endeered to them, for the forme and frame of their government, and for their novelty, but they make vſe of ſuperſtition alſo to hold them, and to hauehave them at their beck; but in a courſe cleane contrary to the other, for they vndoe all the other hauehave done, in point of ceremony, without conſideration, whether it be good or bad and that out of a ſuperſtitious rage, as the other did out of feare: (for ſuperſtition is grounded vponupon either of thoſe paſſions.) And as their feare was mixed with pleaſure in the end, ſo theirs is mixed with profit, when in the deſtroying of ſuperſtition they enrich themſelues with the ſpoiles, and ſaue charges in ornaments. Which profaneſſe of theirs, is in ſome reſpects worſe than their ſuperſtition, and it many times ends in Atheiſme. For though they were conſecrated after a falſe manner, yet they were dedicated and devoted to the true God, and ſhould not be profaned to common vſes, but ſanctified by a new and true conſecration, as well as the Churches wherein they were. Thus p. 28thoſe formes of Church-government hauehave power to withſtand the reforming rod of authority. But our preſent State vſeth no ſuch meanes to ſtand out a rebellion, becauſe if it offend, it rather proceeds out of weakneſſe than wickedneſſe, from ſcholaſticall indiſcretions, that deſerue rather pitty than puniſhment. For it is not likely, that they would diſturbe the State, who ſhall certainly loſe that little they hauehave by it, rather than get more. I find, that amongſt thoſe Prelates that hauehave troubled and turmoyled kingdomes, Peters pretended ſucceſſours hauehave only gained, by fiſhing in ſuch troubled waters. And as they can hauehave no end worth their ſtirring, ſo their naturall inclination is not ſo perniciouſly pragmaticall, they are farre from the tricks of tumbling projecters, and all actions proceed either from our generall end, or particular inclination; and this inclination is fortified and confirmed, if not formed and framed by their ſtudies, which hauehave a great influence into the diſpoſition. I hauehave not in this diſcourſe, entred much into the commendation of an Ariſtocracie in generall, preferring it before a Monarchie, partly becauſe I feare, leſt ſome ſhould ſerue me as Caſtellanus, a French Phiſolophy reader (who, as I conceiue, was Ramus his Tutor) ſerved his antagoniſt Bigotius. For when Francis the firſt was deſired by ſome of his Nobles, to reade Bigotius his Diſputations, Caſtellanus told his Majeſtie, he was an Aristotelian, and Ariſtotle preferred an Ariſtocracie before a Monarchie,Thuanus, hiſt. l…b. 6. & ſo tooke off the Kings affection from him. But he might be ſo excuſed, becauſe I doe not beleeue it was Ariſtotles judgement, but his policie, to diſſwade all others from affecting it, that his Maſter Alexander might effect it. But I did purpoſely forbeare it, becauſe it was not my propoſition, that an Ariſtocracie is ſimply a more convenient forme of State than a Monarchie; but that this Ariſtocracie is more convenient for this State at this time, conſidering p. 29that it was received with an vniverſall conſent and deſire of all, and hath its right according to the lawes; is moſt eaſily ruled by them, not eaſily nor ſuddenly diſturbed or diſturbing; and moſt eaſily reformed if it bee diſordered: ſo that I may now vndeniably conclude, that the preſent ſtate Eccleſiaſticall is moſt convenient and beſt agreeing with the Civill.

p. 30A DIGRESSION DISCVSSING Some ordinary exceptions againſt Eccleſiaſticall Officers.

THough none bee more loath and fearefull to come within the liſts of controverſies; yet ſeeing all that I hauehave already poſitiuely diſcourſed, is not onelyonly controverſed but alſo contradicted by theſe exceptions; I reſolved to diſſolue and diſpell them, leaſt they ſhould by a darke reflexion cloud my cleare proceeding. And I am not a little confidenced in my purpoſe, when I conſider whoſe cauſe it is that I vndertake, even the moſt able advocates of the Church, ſuch powerfull pleaders as are infallibly ſufficient to defend both their cauſe and mee their poore defendant; for they are abſolutely able (if their conſcience would but diſpence with their vnderſtanding) to make a bad cauſe if not good, yet to put it in a good caſe by making it plauſible, ſo that I am encouraged to vndertake it with this conſideration; that where I am found weake and wanting, they are ſufficient and ready to ſuccour and ſupply; if they ſhall apprehend the exceptions peremptory and pertinent, and any impeachment to their practiſe and power. As they that hauehave made triall of their ſtrength hauehave found,D. Couzius his apology for proceeding in high Commiſſion. though they were of the ſtrongeſt and moſt popular partie, which they the more wondered at, ſince they knew they had but few friends, and themſelues ſmall in number, eſpecially in the beginning of the reformation p. 31when there was ſuch ſcarcitie of Civilians, that the Vniverſities tooke little notice of their degrees or profeſſion, or the Courts of their practiſe: but now wee hauehave a moſt happy and hopefull increaſe, and it were to be wiſhed that the land were more ſtored with able Civilians, though they …e not pragmatiques; I meane that the knowledge of the Civill law were more regarded, though the practiſe keepe but the ſame degree of reſpect; for then ſhould wee hauehave more able Common-wealthes men at home, and more abſolute Statſe-men abroad; for all the nations round about are ruled by the Civill law, as we are by the Common law: onelyonly they hauehave ſome particular decrees, manifeſtations, and ſanctions, as wee hauehave ſtatutes and Acts of Parliament; and ſo by that law the treaties we make for matters in queſtion are to bee decided by that law that which is determined by conſultation, and agreed upon, is to bee concluded: ſo that it muſt needs bee, that he that is well ſeene in the Civill law is beſt able to treat with them with more honour and leſſe danger to the ſtate, for in them there is onelyonly the feare and danger of perfidiouſneſſe, whereas the other may want honeſty and ability both, though their inſtructions bee never ſo punctually accommodated. And this is one maine reaſon (as well as the Popes power) why many Deanes, Biſhops, and Lord Chancellours, who were Doctors of the Civill law were ſent Embaſſadours, when the Nobility had not ſo much law and learning as now they hauehave; ſo that for this laſt preſent age we hauehave not loſt ſo much in treating with France where the Civill law is moſt practiſed,Com… 11. li as to confirme or continue the proverbe which I finde mentioned in Phil. de Cominaeus; Paectio nulla inter Gallos & Anglos— in which the French did not get the better, adeoque proverbio dicitur apud Anglos, quoties cum Gallis proelio certaverint, victores plerunque fuiſſe, quoties verò cum illis pacti ſint detrimentum ſemper aliquid accipiſſe, which was p. 32moſt verified from the time of Edward the 3. to Queene Elizabeth, but it is probable their over-reaching was much helped forward by diſhoneſty, where they found any little want of ability: but grant it were the diſability of our agents, eſpecially in the ignorance of the proceedings and advantages of the Civill law in bu…es of tranſ-action wherein the French were defendants and paſſiue; yet it was not any honourable advancement to them, though it were ſome ſmall diſadvantage to us: for it is a diſgrace for a Prince to ſtand ſtrictly vponupon tearmes, trickes, and turnings of law in the interpretation of treaties; as Maurice Duke of Saxony told Charles the fift,Carolus Molinaeus conſ…lio ſecundo in cauſa Philip. Lond. graue: Haſſiae. when contrary to agreement, he detained Philip Landgraue of Heſſen; at ego (ſaith he) te tanquam Imperatorem, non tanquam iuriſ-conſultum & legiſtam, volo pactiones & foedera interpretari. But ſince treaties are too often ſo interpreted, it is in all probability a great aſſurance of ſafety in treating to underſtand the Civill law, at leaſt in the proceedings; and hence it is as I conceiue that in France and Italy it is ſo much eſteemed; ſo that in France moſt of the ancient Nobility were ſtudents in it, and had amongſt other priviledges, that they may take the degree of Bachelour at law in three yeares, as it is plaine in the pragmaticall ſanction; which particular is alſo confirmed by the Concordata Galliae, Prag. ſanctio tit. de collationibus. Concordat Galliae tit. idem.by Leo the tenth; Bacchalaureo iuris Civilis ſi ex utroque nobilis, triennium ſatis erit. In Italy alſo it hath beene highly eſteemed, eſpecially in the firſt re…iving of it under Lotharius ſecundus, in the yeare 1125: for he found a coppy of the Digeſt and gaue it to the Piſans, which was then called litera Piſana; but when the Florentines tooke Piſa (as Laurence de medicis told Politian) it was tranſlated to Florence and made Pandectae Florentinae; Angelus Polit. epiſt. lib. 1. eſtiſt. 4.ibi verò in curia loco celeberrimo ſumma religione ſervatur: and they did not uſe in thoſe dayes in the firſt erecting of their Dukedome, to eſteeme any thing which they found not p. 33beneficiall for the ſtate. But I leaue the commendation of the knowledge of the Civill law to thoſe that know it better, and hauehave found the helpe of it in long publique practiſing; and betake my ſelfe to my vndertakings, to diſcard ſome exceptions againſt the profeſſours of it, who are Officers practiſing in Eccleſiaſticall affaires.

They are excepted againſt by ſome that are of the faction of irregular Proteſtants;Exc… that though the Church of England approoue not the Geneva diſcipline, yet the principall point is practiſed in it; in theſe our Lay Elders: thus they ſeeke to defame our government by reporting it to bee confuſed and wanting vniformity. But to di… and diſcover this groundleſſe exception, the very ſuppoſition whereon it is grounded is abſolutely falſe; for though we will not deny that our Eccleſiaſticall Officers be Lay men, yet wee will not grant them to be Elders of the Church: we hauehave no ſuch Church Burgeſſes, neither doe they take any ſuch Elderſhip vponupon them, ſince they know full well that it belongeth only to ſpirituall perſons; which they confeſſe and profeſſe they are not: as that profound Civilian D^r Couzins, D. … his a… proce… high ſion. cap. 2wee are no ſpirituall perſons as ſome tearme vsus, but Eccleſiaſticall: now in my underſtanding there is as much difference betwixt a Spirituall perſon and Eccleſiaſticall, as betwixt Eccleſiaſtes and Eccleſiaſticus; the one of which is Canonicall, the other Apocryphall; though he be a Canoniſt, I dare without any ſcruple grant them to bee Lay men, not onelyonly becauſe it takes away the ground of the exception, but alſo becauſe it is not any hinderance to their being Eccleſiaſticall Officers; for the Cannon law which is very ſtrict in this point admits a threefold diviſion of Eccleſiaſticall perſons; as primò, in ſacris; ſecundò, in ſacris & ſacerdotio; tertiò, nec in ſacris, nec ſacerdotio, vt monachi & legiſtae eccleſiaſtici: and ſuch doe the chiefeſt among them account themſelues, for they are well contented to goe for Commons p. 34in the high court of Parliament. Yea a moſt eminent Chauncellour of late refuſed when his Biſhop would hauehave choſen him a member of the Convocation houſe, and that becauſe hee held himſelfe a Lay man; and ſo they liue in our particular Pariſhes as other Lay Pariſhioners, paying Church dues, and are alike ſubject to the juriſdiction of their appointed Paſtours in foro conſcientiae; and in thus doing they doe declare their exact knowledge in the Cannon law, and pure practiſe of the Civill: for by the Common law where Doctores divini & humani are oppoſed,Guymer Comment: in prag: ſanction: proaemio. Briſſonij Lexicon. 11. Doctors of the Civill law, yea & Cannon alſo are counted humane, and Lay Doctors: for the Clergy (as Briſſonius defines it out of Suidas) is foreign. But fully to caſt of this exception, I deny them to bee Elders of our Church; for Elders here I vnderſtand in relation to Church government, and in that ſence there are no Elders with vsus in our Church but Ordinaries; and our Eccleſiaſticall Officers are not Ordinaries, neither doe they vſurpe any ſuch power; but their modeſties are many times forced to take the title and tune of the title from ſome obnoxious fawning Clergy men, who are more ſordidly ſlaviſh then they would hauehave them: ſo that though of diſcretion they will not ſay to them as Tyberius did to the ſervile ſenate,Tacitus Annal. lib. 3 Extrav. fol. 22. tit. execrabilis, §. caeterum. Linwood lib. 1. de ſequeſtrationibus. S. Thom. Smith de repub. Ang. lib. 3. cap. 8. O homines ad ſervitutem paratos, yet they cannot chuſe but thinke ſo, for they know that by the Cannon law there is no Ordinary Iune but a Biſhop, per Ordinarios jure intelligimus Epiſcopos, neither any by priviledge and cuſtome but a Deane, or an Archdeacon. And they doe as fully underſtand that in this Church there are none but what the Cannon law allowes: as S Thomas Smith in his diſcourſe of the Common-wealth of England, ſaith, by an Ordinary we underſtand a Biſhop, or ſometimes an Archdeacon or a Deane, who are ſo by priviledge; or a long preſcribed cuſtome. Now they are not Archdeacons nor Deanes as I would they were, and many p. 35of them hauehave beene heretofore, as Petrus Bleſenſis Archdeacon of Bath, who was Chauncellour of Canterbury, and Chaplaine to Henry the ſecond: for then this exception and all others would bee of no force. But they are now no ſuch Ordinaries as are Church Elders with us, I will grant them in a large ſence to be Ordinaries,Cor pr… tit. §. Gla (as Guymerus the pragmatique) Ordinarios latè volo collatores beneficiorum, & patronos Eccleſiaſticos, (as Glanvill calls Patrons) advocatos Eccleſiae, in ſuch a large ſence it is properly extended to theſe Eccleſiaſticall Officers; but Ordinaries properly they are not, and that appeares out of the offices they execute in relation to theſe Ordinaries, for they are their Deputies, Deligates, Vicars, Officialls, or Commiſſaries, which are officers diſtinct and derived from their Ordinaries: of all theſe the Biſhops Vicar hath moſt reaſon to be tearmed an Ordinary, & yet he is none; not onelyonly by the Civill law which makes him a miniſter of his Ordinary, Vicarius eſt qui ſuo Ordinan ſubminiſtrat, Bri ver… Pra con ve… Par tali dict Du… ſpec 1. t… dele Sir Ri… of … andbut alſo by the Cannon law, (as Prateus) Vicarius & Ordinarius diſtinguuntur, nam vicarius eſt quaſi ſervus in peculio: (or as Suidas calls him) à ſubſtitute, foreign; and Panormitanus, juriſdictio Ordinaria non extinguitur per mortem illius qui dat, juriſdictio vicarii eſt ſuſpenſa ſuſpenſo Epiſcopo, and Durantus affirmes as much; Vicarii nequeunt officia ſua exercere Epiſcopis eorum excommunicatis, and therefore they doe well in clayming no ſuch power; as S^r Thomas Ridly learnedly diſcovering the originall and reaſon of their practiſe in the Church, concludes, that Civilians or rather Legiſts who were anciently called Church Lawyers, or Eccleſiecdici, were brought into the Church to direct Biſhops; and the Chauncellours at this day are the very ſame in office with them, being aſſiſtants of the Biſhops in their juriſdiction.Sir con tion jeſt… And S^r Francis Bacon in his cautious conſideration of Church government, agrees with him in the approbation of a Biſhops p. 36being attended by his Chauncellour, who ſhould be learned in the Civill law for his better inſtruction in points of formality, in the proceedings and courſes of their Courts: And for the ſame purpoſe ſhould Deanes and Archdeacons hauehave their Officialls and Commiſſaries to inable them to runne through the multiplicity of cauſes, to cut off or ſhorten delayes, which in all buſineſſe, eſpecially Eccleſiaſticall, are tedious and odious: and indeed none are more able in this caſe to aſſiſt them, and reduce cauſes into order, brevity, and paucity; as Thomas Aquinas ſaith,Thomas. Aquin. praefa… to his ſummes. he compiled his ſummes to compoſe and compound controverſies, take up and take away all queſtions. And therefore I doe not a little wonder at D^r Cowell who was a moſt able Civilian, that hee ſhould account Commiſſaries or Officiales foraneos, onelyonly vſefull in petty peculiars,D. Cowel. interpreta… verb. Commiſſary. Duaren. de benef. & officijs Eccleſ. exempt from the juriſdiction of the Archdeacon, otherwiſe to be ſuperfluous and a needleſſe vexation and oppreſſion to the Countrey: ſurely hee meant it of ſome ſuch ſcandalous Courts as Duarenus (another learned Civillian) complaines of. Auditoria Vicariorum & officialium Epiſcoporum, quaecunque profana tribunalia, impoſturis & ſtrophis forenſibus, longè ſuperant: but let him thinke what hee will, I am ſure wee ſee of what good uſe they are, and yet they are not Lay Elders of the Church.

Exception 2 Excep. 2. Is, that the power of juriſdiction Eccleſiaſticall, cannot be granted to Civilians, that are meere Laymen.

I could ſoone anſwer this exception, by denying them to be meere Lay men, and ſo I would, if I had no other way to avoyd it. But I am willing to giuegive them ſatisfaction, and not to cavill, and therefore will anſwer punctually: and that I may ſo doe, and they ſo apprehend it, let them but conſider with me a two-fold power of Eccleſiaſticall Iuriſdiction,Linwood. lib. 5. tit. ne praelati vicar. verb. ad firmam. Ordinary, and Delegate; the later and leſſer of which, may be lawfully granted to them; p. 37eſpecially, if wee admit the differences and degrees of their commiſſion, which are approved and practiſed in our Church government; both in relation to the power that grants them, and in reſpect to the extent of the grant. Firſt for the power granting them, they are all originally derived from the Crowne; but ſome hauehave their power more immediately, as the high Commiſſion hauehave it vnderunder the broad Seale: others receiue it more mediately, from their Biſhops, Deanes or Arch-Deacons: ſo for the largeneſſe of the Commiſſion, which is ad vniverſitatem cauſarum tanquam Ordinarius, as the audience of high Commiſſion (and not without good reaſon, ſince no cauſe is to be there determined, at leaſt not ſentenced, without the conſent of foure of the Quorum, which muſt be, as I am informed, Biſhops:) There is alſo a ſpeciall Commiſſion of Oyer and Terminer, in ſome particular cauſes; and laſtly, a Commiſſion, which, according to Law, is reſtricta ad inſtantia, Linwoo… tit. de verb. of… alis.which Linwood Officiall of Canterbury ſaith, doth belong officialibus principalibus, which wee call Chancellours: Yet I doe not beleeue (by his leaue) that they are ſo reſtrayned, as to a bare cognition, without a definitiue ſentence, though the phraſe, that is vſed to expreſſe buſines of inſtance, be, matters of Eccleſiaſticall cognizance; for, Cognitio non eſt juriſdictio, Cujaci… orig. Iu… §. Conſ…eſpecially now ſince the Lawes hauehave ordered, that if they be not in ſacred orders, they muſt be aſſiſted by a ſurrogate, who is a Miniſter, and hee is to pronounce ſentence as principall Iudge; which practice hath made ſome of opinion, that anciently they were aſſiſtant to the ſurrogate, as aſſeſſours; which ſeemes probable, becauſe the exact knowledge of the Law is expected from an aſſeſſour, not from the principall Iudge (according to the moſt conſcionable Caſuiſts:) Ignorantia juris non eſt peccatum in judice, ſed eſt in aſſeſſore, Navar… Iudicis.as the Maſters of the Chancery, who are aſſeſſours to the Lord p. 38Chancellour or Keeper, there is required exact knowledge, though not in the ſuperiour Iudge, as in the aſſeſſors of the Praetor amongſt the Romans: Cuj…cius obſer. lib. 23. c. 40.Si Praetor per imperitiam iuris iniquum ius ſtatuerit, non punitur; aſſeſſor eius punitur, quia adſeſſor ſe pro iuriſperito agit.: So that though this opinion be not true, becauſe ſurrogates are not of ſuch antiquity; yet I perſwade my ſelfe without any doubt, that they were, and ſtill are tanquam aſsiſtentes aſſeſſores Epiſcopis & Archidiaconis; though they hauehave alſo a delegated power. And this kinde and degree of Eccleſiaſticall power may be granted to them, though they be meere Laymen; and I beleeue our Church would not hauehave diſliked the Geneva government ſo much, if they would hauehave choſen ſuch for their Lay-Seigniours, as had knowledge in the Eccleſiaſticall Lawes; as if Doctor Hottoman, profeſſour there, and Reader of the Civill Law, had beene joyned with reverend Beza, then Divinity Reader.

Exception 3 Another Exception of like nature and moment, ariſing from the former, is, That vnderunder the colour of a delegated juriſdiction, they take vponupon them Epiſcopall juriſdiction, and performe all the offices of a Biſhop, in relation to Eccleſiaſticall government.

This Exception is not peremptory, but dilatory and declinatory, full of impertinent ſurpluſſage, vrging nothing, or that which is falſe; for no man will vndertake to anſwer what they doe, but what they ſhould doe: iure noſtro Eccleſiaſtico, I am ſure iure noſtro Canonico Anglicano, publickly knowne, and by the old Canon Law which may here be practiſed, (where it is not contrary to the Lawes of the Land) they are not to exerciſe any ſuch power,25. Hen. 8. c. 3. Summa bullarij in Pio 4. as doth perſonally belong to a Biſhop, either as he is Dioeceſane, or as he is Ordinary, in puris ſpiritualibus: neither doe I finde, that ever any Vicar did vſurpe or deſire any ſuch power, but onelyonly Cardinall Wolſie, who p. 39deſired Clement the ſeventh ſuo vicario vniverſale in Francia, in …ng…terra, & in Germania, mentre ſtava in prigione, Guic…. hiſt. lihis Vicar generall in France, England and Germany during his impriſonment; which he could not doe by Law, being his Ordinary and ſuſpended, if not ab officio, yet á beneficio: and if it had beene lawfull, yet the Pope had betrayed his weakneſſe much to grant it, with that condition, during the time of his impriſonment; for the Cardinall would without doubt hauehave endeavoured to keepe him there ſtill, to continue his vicarſhip. And moreover this, I finde that by the Canon Law, ſede vacante, the Deane or Chapter is ſucceſſour, or rather adminiſtratour to the Biſhops in their juriſdiction, and guardian of the ſpiritualties; and no marvell, for they are called fratres Epiſcopi, Cardinales Papae; they can diſpence in cauſis Epiſcopo reſervatis, and call Convocations,Laeliu… us de p… capitu to which the Biſhops Vicar may not be admitted; & poſſunt condere & revocare ſtatuta. And during the life of the Biſhop, the Arch-deacon is his Vicar iure (as Zerola) vicarius natus, Zerola Epiſc. Archi…(as Hoſtienſis) which they vnderſtand in reſpect of juriſdiction in ſpiritualibus; for not they, but the Archipresbyter is Vicar in divinis, which is, in ſpiritualibus, in relation to the power of order: So that you ſee, they take not any ſuch ordinary power vponupon them, but leaue it to the Biſhops, and their moſt naturall and lawfull Vicars in that power;Form… tattor… … enſis. and yet they may be their Vicars in Pontificalibus (as the Canoniſts expreſſe it) which is, in thoſe cauſes that belong to their Sees, as they hauehave peculiar and prerogatiue Courts; and ſuch may be Lay-men according to the moſt moderate moderne Decretiſts; Syndicos (ſaith Duarenus) ſiue defenſores, Duar… officijs l. 1. c.& apocriſiarios ſiue reſponſales laicos poſſe eſſe; though by the old Canon Law Vicarius Epiſcopi debet eſſe Clericus. And it is counted one of the inſolent rare actions of the Popes, cauſas Eccleſiaſticas Laicis delegare: This juriſdiction they may p. 40hauehave without any trenching vponupon the office of a Biſhop in his perſonall juriſdiction, which I conceiue …nnot be delegated to a lay perſon;Durand. de orig. Iuriſ. Eccl. Con. 2. being that juriſdiction, whereby he doth exerciſe and execute his correctiue, coercitiue, coactiue power, which is the inſtrument of his paſtorall paternall care over his Clergie, and proceeds from the power of conſecrated order, and is inſeparably vnited to it: which power, I finde fully, yet briefly expreſſed by S^t Cyprian, ſpeaking of a contumacious Deacon to his Biſhop;Cypr. Epist. Rogat. Epiſc. he adviſeth the Biſhop, vigore Epiſcopalis cathedrae aut deponas eum aut abſtineas, either to degrade or ſuſpend him; neither of theſe will a Lay delegate doe; yet I grant he may ſuſpend, if not ab officio, yet à beneficio. And for their viſitations, which are an act of ordinary juriſdiction, they performe them not ex officio, but by a ſpeciall commiſſion. And for the forme and force of their inquiſition in them, it is not generall concerning the doctrine and manners of the Clergie, but directed and reſtrained according to the Biſhops Articles,Formula viſit. Dioeceſis Colonienſis. and without requiring an oath of the party preſented; viſitatores interrogabunt abſque exactione iuramenti; yet I doe not diſaproue that an oath ſhould be required vponupon a fame, becauſe it reſpects as much the purgation, as the conviction of the jurant.

And for the ſentence of excommunication, which ſome make the proceſſe of ſpirituall Courts, in point of contumacy; I am not able, I confeſſe, fully to ſatisfie in that point, but I dare ſubſcribe to what iudicious Biſhop Bilſon ſaith of it, to cleare it; who, I am ſure, could and would ſay as much in the behalfe of Eccleſiaſticall officers as any Biſhop of his time, who ſpeaking of the power of Excommunication,De perpetua guber. Eccl. cap. 14.Sir 14 ſaith, Nequaquam ſibi clavium poteſtatem aſſumunt, ſed poenam ob contumaciam infligunt, quâ omnes illae animadverſiones continentur, quae legibus in eos ſancitae ſunt, qui claves Eccleſiae temerè contemnunt, quocunque p. 41nomine appelletur, ſive ſuſpenſio, ſive condemnatio, aut excommunicatio nil refert, dummodo ne poteſtatem hanc divino, ſed humano iure ſibi vendicent, nil cauſae tunc eſt, quin Iudices civiles delinquentem in poenam Canonis incidiſſe declarent. But the maine ground of theſe, and ſuch like exceptions, is, becauſe Civilians are not in orders with vsus, as moſt Canoniſts be beyond the Seas, (though they hauehave no title, and are but Presbyteri Vtopiani, as Duarenus cals ſuch) if then our Eccleſiaſticall officers were all in orders, as ſome of them are, then they could not with any reaſon except againſt them for Lay-men, no more then they can againſt the Pontificiall Canoniſts, who hauehave farre more Eccleſiaſticall power, eſpecially the moderne Legiſts, and are as able to judge of hereſie, as the Duke of Bavaria vnderunder Zachary, who condemned Virgilius Biſhop of Saltzburge of hereſie, becauſe he affirmed,Aventi… nal. lib. that there were Antipodes; when as Iſidorus Hiſpalenſis was not condemned for holding hell to be at the Antipodes, Tho. Aq ſuppl. qu Art. 9.neere three hundred yeares before. Yet theſe are the only men that are now judges of hereſie, which makes modeſt Melchior Canus complaine,Melchio… lib. 8. c… Non video quonam conſilio in cognitione haereſeos, partes poſtremae, ne dicam nullae theologis permittantur; juriſconſultis verò vel primae, vel etiam omnes. When as with vsus,1. Eliz. not our Chancellours nor Commiſſaries, nor our Biſhops alone may determine of hereſie: and yet I beleeue any of them hauehave as infallible aſſurance of truth, as immediate vocation, commiſſion, aſſiſtance by inſpiration, as all they; but onelyonly they are in orders, ours are not; as the twelue auditors of the overruling Court of the Rota are the Popes Chaplaines by their office, (as Lelius Zecchius de auditoribus Rotae) and ſo are thoſe irrefragable referendaries: and the Popes finde great good in having them in orders; for you ſhall not find, but the Canoniſts hauehave alwayes ſtood for the Popes prerogatiue; but onelyonly in Concilio Piſano Guicciardine p. 42ſaith) they that were for the Councell which was called againſt Iulius ſecundus, by ſome of Lewis the twelfthes faction,Guicc. hiſt. l. 9. Che de canoniſti autoritata del convocare i Concilii, nelle riſedere ſolamente, perſona del Pontifice. But it was not ſo much the Canoniſts, as one principall one, which was Philippus Decius of Millaine, where the Councell began,Car. Mol. annot. in Decij Conſil. 37. who defended the cauſe, as appeares out of Carolus Molinaeus his Annotations vponupon Decius counſels; ſo that the Popes knew what they did, when they ſhewed and granted ſo many favours and priviledges to the Vniverſitie of Bononia; as Gregory the ninth dedicates his Decretals to Bononia, ſo Boniface the eight his Sext, and Iohn the two and twentieth his Clementines, and Extravagants; thus they are formally qualified by orders; and becauſe our Eccleſiaſticall officers are not ſo, ſome take and make theſe exceptions: ſo that I will conclude this briefe Digreſſion, with this wiſh, not altogether voyd of hope: I would more of our learned Civilians were Divines,Abbas Panorm. Lect. in Decr. 120. or more of our judicious Divines Civilians, Cum Theologia & Ius Canonicum fraternizent.