Works of Hooker, Book 8 · Part 5
Of the Authority of making Laws.
THere are which wonder, that we should account any Statute a Law, which the High Court of Parliament in England hath established about the matters of Church-Regiment; the Prince and Court of Parliament, having (as they suppose) no more lawful means to give order to the Church and Clergy in those things, than they have to make Laws for the Hierarchies of Angels in Heaven; That the Parliament being a mere Temporal Court, can neither by the law of Nature, nor of God, have competent power to define of such matters; That Supremacy in this kinde cannot belong unto Kings, as Kings, because Pagan Emperours, whose Princely power was true Soveraignty, never challenged so much over the Church; That Power, in this kinde, cannot be the right of any Earthly Crown, Prince, or State, in that they be Christians, forasmuch as if they be Christians, they all owe subjection to the Pastors of their Souls, That the Prince therefore not having it himself, cannot communicate it to the Parliament, and consequently cannot make Laws here, or determine of the Churches Regiment by himself, Parliament, or any other Court subjected unto him.
The Parliament of England, together with the Convocation annexed thereunto, is that whereupon the very essence of all Government within this Kingdom doth depend, it is even the body of the whole Realm; it consisteth of the King, and of all that within the Land are subject unto him. The Parliament is a Court, not so merely Temporal, as if it might meddle with nothing but onelyonly Leather and Wool: Those dayes of Queen Mary are not yet forgotten, wherein the Realm did submit it self unto the Legate of Pope Iulius, at which time, had they been perswaded, as this man seemeth now to be, had they thought, that there is no more force in Laws made by Parliament concerning Church-Affairs, then if men should take upon them to make Orders for the Hierarchies of Angels in Heaven, they might have taken all former Statutes of that kinde as cancelled, and, by reason of nullity, abrogated. What need was there, that they should bargain with the Cardinal, and purchase their Pardon by promise made before-hand, that what Laws they had made, assented unto, or executed, against the Bishop of Rome's Supremacy, the same they would, in that present Parliament, effectually abrogate and repeal? Had they power to repeal Laws made, and none to make Laws concerning the Regiment of the Church? Again, when they had by suit obtained his confirmation for such Foundations of Bishopricks, Cathedral Churches, Hospitals, Colledges, and Schools, for such Marriages before made, for such Institutions into Livings Ecclesiastical, and for all such Judicial Processes, as having been ordered according to the Laws before in force, but contrary unto the Canons and Orders of the Church of Rome; were in that respect thought defective, although the Cardinal in his Letters of Dispensation, did give validity unto those Acts, even Apostolicae firmitatis robur, the very strength of Apostolical solidity;A…. 1. & 2 Phil & Mar. cap. 8. what had all these been without those grave authentical words? Be it enacted by the Authority of this present Parliament, that all and singular Articles and Clauses contained in the said Dispensation, shall remain and be reputed and taken to all intents and constructions in the Laws of this Realm, lawful, good and effectual to be alledged and pleaded in all Courts Ecclesiastical and Temporal, for good and sufficient matter either for the Plaintiff or Defendant, without any Allegation or Objection to be made against the validity of them, by pretence of any General Councel, Canon, or Decree to the contrary. Somewhat belike they thought there was in this mere Temporal Court, without which the Popes own mere Ecclesiastical Legate's Dispensation had taken small effect in the Church of England; neither did they, or the Cardinal imagine any thing committed against the Law of Nature, or of God, because they took order for the Churches Affairs, and that even in the Court of Parliament. The most natural and Religious course in making Laws, is, that the matter of them be taken from the judgement of the wisest in those things which they are to concern. In matters of God, to set down a form of Prayer, a solemn confession of the Articles of the Christian Faith, and Ceremonies meet for the exercise of Religion; It were unnatural not to think the Pastors and Bishops of our Souls a great deal more fit, than men of Secular Trades, and Callings: Howbeit, when all, which the wisdome of all sorts can do, is done for the devising of Laws in the Church, it is the general consent of all that giveth them the form and vigour of Laws, without which they could be no more unto us than the Councel of Physitians to the sick. Well might they seem as wholesom admonitions and instructions; but Laws could they never be, without consent of the whole Church, to be guided by them; whereunto both Nature and the practise of the Church of God set down in Scripture, is found every way so fully consonant, that God himself would not impose, no not his own Laws, upon his People, by the hand of Moses, without their free and open consent. Wherefore, to define and determine, even of the Churches Affairs by way of assent and approbation, as Laws are defined in that Right of Power, which doth give them the force of Laws; thus to define of our own Churches Regiment, the Parliament of England hath competent Authority.
Touching that Supremacy of Power which our Kings have in this case of making Laws, it resteth principally in the strength of a negative voice, which not to give them, were to deny them that, without which they were Kings but by mere title, and not in exercise of Dominion. Be it in Regiment Popular, Aristocratical, or Regal, Principality resteth in that Person, or those Persons unto whom is given right of excluding any kinde of Law whatsoever it be, before establishment. This doth belong unto Kings, as Kings; Pagan Emperors, even Nero himself had no less; but much more than this in the Laws of his own Empire. That he challenged not any interest of giving voice in the laws of the Church, I hope no man will so construe, as if the cause were conscience, and fear to encroach upon the Apostles right. If then it be demanded, By what right from Constantine downward, the Christian Emperors did so far intermeddle with the Churches affairs,I…dem quod Principi placult, Legis habet vigorem. Inst. … J. N. G. & C. either we must herein condemn them, as being over presumptuously bold, or else judge that, by a Law, which is termed Regia, that is to say, Regal, the People having derived unto their Emperors their whole power for making of Laws, and by that means his Edicts being made Laws, what matter soever they did concern, as Imperial dignity endowed them with competent Authority and power to make Laws for Religion, so they were thought by Christianity to use their Power, being Christians, unto the benefit of the Church of Christ was there any Christian Bishop in the world which did then judge this repugnant unto the dutiful subjection which Christians do ow to the Pastors of their Souls, to whom, in respect of their Sacred Order, it is not by us, neither may be denied, that Kings and Princes are as much, as the very meanest that liveth under them, bound in conscience to shew themselves gladly and willingly obedient, receiving the Seals of Salvation, the blessed Sacraments at their hands, as at the hands of our Lord Jesus Christ, with all reverence, not disdaining to be taught and admonished by them, nor with-holding from them as much as the least part of their due and decent honour? All which, for any thing that hath been alleadged, may stand very well without resignation of Supremacy of Power in making Laws, even Laws concerning the most Spiritual Affairs of the Church; which Laws being made amongst us, are not by any of us so taken or interpreted, as if they did receive their force from power, which the Prince doth communicate unto the Parliament, or unto any other Court under him, but from Power which the whole Body of the Realm being naturally possest with, hath by free and deliberate assent derived unto him that ruleth over them, so farr forth as hath been declared; so that our Laws made concerning Religion, do take originally their essence from the power of the whole Realm and Church of England, than which, nothing can be more consonant unto the law of Nature and the will of our Lord Jesus Christ.
T.C. l.1. p. 192.To let these go, and return to our own Men; Ecclesiastical Governours, they say, may not meddle with making of Civil Laws, and of Laws for the Common-wealth; nor the Civil Magistrate, high or low, with making of Orders for the Church. It seemeth unto me very strange, that these men, which are in no cause more vehement and fierce than where they plead, that Ecclesiastical Persons may not foreign be Lords, should hold, that the power of making Ecclesiastical Laws, which thing of all other is most proper unto Dominion, belongeth to none but Ecclesiastical Persons onelyonly: Their oversight groweth herein for want of exact observation, what it is to make a Law. Tully, speaking of the Law of Nature, saith, That thereof God himself was Inventor, Disceptator, Lator, the Deviser, the Discusser, and Deliverer: wherein he plainly alludeth unto the chiefest parts which then did appertain to his Publick action. For when Laws were made, the first thing was to have them devised; thesecond to sift them with as much exactness of Judgement as any way might be used; the next by solemn voyce of Soveraign Authority to pass them, and give them the force of Laws. It cannot in any reason seem otherwise than most fit, that unto Ecclesiastical Persons the care of devising Ecclesiastical Laws be committed, even as the care of Civil unto them which are in those Affairs most skilful. This taketh not away from Ecclesiastical Persons, all right of giving voyce with others, when Civil Laws are proposed for Regiment of the Common-wealth, whereof themselves, though now the World would have them annihilated, are notwithstanding as yet a part; much less doth it cut off that part of the power of Princes, whereby, as they claim, so we know no reasonable cause wherefore we may not grant them, without offence to Almighty God, so much Authority in making all manner of Laws within their own Dominions, that neither Civil, nor Ecclesiastical do pass without their Royal assent.
In devising and discussing of Laws, Wisdom especially is required; but that which establisheth them, and maketh them, is Power; even Power of Dominion; the Chiefty whereof (amongst us) resteth in the Person of the King. Is there any Law of Christs, which forbiddeth Kings and Rulers of the Earth to have such Soveraign and Supream Power in the making of Laws, either Civil or Ecclesiastical? If there be, our controversie hathan end. Christ, in his Church, hath not appointed any such Law, concerning Temporal Power, as God did of old unto the Common-wealth of Israel; but leaving that to be at the World's free choice, his chiefest care is, that the Spiritual Law of the Gospel might be published farr and wide. They that received the Law of Christ, were, for a long time, People scattered in sundry Kingdoms, Christianity not exempting them from the Laws which they had been subject unto, saving only in such cases as those Laws did injoyn that which the Religion of Christ did forbid: Hereupon grew their manifold Persecutions throughout all places where they lived; as oft as it thus came to pass, there was no possibility that the Emperours and Kings under whom they lived, should meddle any whit at all with making Laws for the Church. From Christ, therefore, having received Power, who doubteth, but as they did, so they might binde them to such Orders as seemed fittest for the maintenance of their Religion, without the leave of high or low in the Common-wealth; for as much as in Religion it was divided utterly from them, and they from it. But when the mightiest began to like of the Christian Faith; by their means, whole Free-States and Kingdoms became obedient unto Christ. Now the question is, Whether Kings, by embracing Christianity, do thereby receive any such Law as taketh from them the weightiest part of that Soveraignty which they had even when they were Heathens: Whether, being Infidels, they might do more in causes of Religion, than now they can by the Laws of God, being true Believers. For, whereas in Regal States, the King or Supream Head of the Common-wealth, had, before Christianity, a supream stroak in making of Laws for Religion; he must by embracing Christian Religion utterly deprive himself thereof, and in such causes become subject unto his Subjects, having even within his own Dominions them whose commandment he must obey; unlesse his Power be placed in the Head of some foreign Spiritual Potentate: so that either a foreign or domestical Commander upon Earth, he must admit more now, than before he had, and that in the chiefest things whereupon Common-wealths do stand. But apparent it is unto all men which are not Strangers unto the Doctrine of Jesus Christ, that no State of the World receiving Christianity, is, by any Law therein contained, bound to resign the Power which they lawfully held before: but over what Persons, and in what causes soever the same hath been in force, it may so remain and continue still. That which, as Kings, they might do in matters of Religion, and did in matter of false Religion, being Idolatrous and Superstitious Kings, the same they are now even in every respect fully authorized to do in all affairs pertinent to the state of true Christian Religion. And,T.C. l. 3. p. 51. concerning the Supream Power of making Laws for all Persons, in all causes to be guided by, it is not to be let passe, that the head Enemies of this Headship are constrained to acknowledge the King endued even with this very Power, so that he may and ought to exercise the same, taking order for the Church and her affairs, of what nature of kinde soever, in case of necessity: as when there is no lawful Ministry, which they interpret then to be (and this surely is a point very remarkable,) wheresoever the Ministry is wicked. A wicked Ministry is no lawful Ministry; and in such sort no lawful Ministry, that, what doth belong unto them as Ministers by right of their calling, the same to be annihilated in respect of their bad qualities; their wickedness in it self a deprivation of right to deal in the affairs of the Church, and a warrant for others to deal in them which are held to be of a clean other Society, the Members whereof have been before so peremptorily for ever excluded from power of dealing for ever with affairs of the Church. They which once have learned throughly this Lesson, will quickly be capable perhaps of another equivalent unto it. For the wickedness of the Ministery transfers their right unto the King; In case the King be as wicked as they, to whom then shall the right descend? There is no remedy, all must come by devolution at length, even as the Family of Brown will have it, unto the godly among the people, for confusion unto the wise and the great, by the poor and the simple: Some Kniper doling, with his retinue, must take this work of the Lord in hand; and the making of Church-Laws and Orders, must prove to be their right in the end: If not for love of the truth, yet for shame of grosse absurdities, let these contentions and stifling fancies be abandoned. The cause which moved them for a time to hold a wicked Ministery no lawful Ministry; and in this defect of a lawful Ministery, authorized Kings to make Laws and Orders for the Affairs of the Church, till it were well established, is surely this. First, They see that whereas the continual dealing of the Kings of Israel in the Affairs of the Church, doth make now very strong against them, the burthen whereof they shall in time well enough shake off, if it may be obtained, that it is indeed lawful for Kings to follow these holy examples; howbeit no longer than during the case of necessity, while the wickednesse, and in respect thereof, the unlawfulness of the Ministery doth continue. Secondly, They perceive right well, that unlesse they should yield Authority unto Kings in case of such supposed necessity, the Discipline they urge were clean excluded, as long as the Clergy of England, doth thereunto remain opposite. To open therefore a door for her entrance, there is no remedy but the Tenet must be this: That now when the Ministery of England is universally wicked, and in that respect hath lost all Authority, and is become no lawful Ministery, no such Ministery as hath the right, which otherwise should belong unto them if they were vertuous and godly, as their Adversaries are; in this necessity the King may do somewhat for the Church: that which we do imply in the name of Headship, he may both have and exercise till they be entered, which will disburthen and ease him of it: till they come, the King is licensed to hold that Power which we call Headship. But what afterwards? In a Church ordered,T.C. l. 1. p. 19. that which the Supream Magistrate hath to do, is to see that the Laws of God touching his Worship, and touching all matters and orders of the Church, be executed and duly observed; to see that every Ecclesiastical Person do that Office whereunto he is appointed, to punish those that fail in their Office.Apol. …. 40. p. 4 In a word, that which Allain himself acknowledgeth unto the Earthly power which God hath given him, it doth belong to defend the Laws of the Church; to cause them to be executed, and to punish Rebels and Transgressors of the same: on all sides therfore it is confest, that to the King belongeth power of maintaining the Laws made for Church-Regiment, and of causing them to be observed; but Principality of Power in making them, which is the thing we attribute unto Kings, this both the one sort, and the other do withstand.
Power to command all Persons, and to be over all Judges in Causes Ecclesiastical.Touching the Kings supereminent authority in commanding, and in judging of Causes Ecclesiastical; First, to explain therein our meaning, It hath been taken as if we did hold, that Kings may prescribe what themselves think good to be done in the service of God: how the Word shall be taught, how the Sacraments administred; that Kings may personally sit in the Consistory where the Bishops do, hearing and determining what Causes soever do appertain unto the Church; That Kings and Queens in their own proper Persons, are by Judicial Sentence to decide the Questions which do rise about matters of Faith and Christian Religion; That Kings may excommunicate; Finally, That Kings may do whatsoever is incident unto the Office and Duty of an Ecclesiastical Judge. Which opinion, because we account as absurd, as they who have fathered the same upon us, we do them to wit, that this is our meaning and no otherwise: There is not within this Realm an Ecclesiastical Officer, that may by the Authority of his own place, command universally throughout the Kings Dominions: but they of this People, whom one may command, are to anothers commandement unsubject. Only the Kings Royal Power is of so large compass, that no man, commanded by him according to the order of Law, can plead himself to be without the bounds and limits of that Authority. Isay, according to order of Law, because that with us the highest have thereunto so tyed themselves, that, otherwise than so, they take not upon them to command any. And, that Kings should be in such sort Supream Commanders over all men, we hold it requisite, as well for the ordering of Spiritual, as Civil Affairs; in as much as without universal Authority in this kinde, they should not be able when need is, to do as vertuous Kings have done. Josiah,2 Chron 24. 5, 6, 7, 8, 9. parposing to renew the House of the Lord, assembled the Priests and Levites; and when they were together, gave them their charge, saying: Go out unto the Cities of Judah, and gather of Israel money to repair the House of the Lord from year to year, and haste the things: But the Levites hastned not. Therefore the King commanded Jehoida, the Chief-priest, and said unto him; Why hast thou not required of the Levites, to bring in out of Judah and Jerusalem, the Tax of Moses, the Servant of the Lord, and of the Congregation of Israel, for the Tabernacle of the Testimony? For wicked Athalia, and her Children brake up the House of the Lord God, and all the things that were dedicated for the House of the Lord, did they bestow upon Balaam. Therefore the King commanded, and they made a Chest, and set it at the Gate of the House of the Lord without, and they made a Proclamation through Judah and Jerusalem,… Chron. 6.30 …. to bring unto the Lord, the Tax of Moses the Servant of the Lord, laid upon Israel in the Wilderness. Could either he have done this, or after him Ezekias the like concerning the celebration of the Passeover, but that all sorts of men in all things did owe unto these their Soveraign Rulers, the same obedience, which sometimes Iosuah had them by vow and promise bound unto?Jos. 1. 18. Whosoever shall rebel against thy Commandments, and will not obey thy words in all thou commandest him, let him be put to death: only be strong and of a good courage. Furthermore, Judgement Ecclesiastical we say is necessary for decision of Controversies rising between man and man, and for correction of faults committed in the Affairs of God: unto the due execution whereof there are three things necessary, Laws, Judges, and Supream Governours of Judgements. What Courts there shall be, and what causes shall belong unto each Court, and what Judges shall determine of every cause, and what Order in all Judgements shall be kept; of these things the Laws have sufficiently disposed, so that his duty who sitteth in any such Court, is to judge, not of, but after the same Law,Just. de O…f. c. …ud. Imprimis illud observare debet Iudex, ne aliter judicet quam legibus, constitutionibus, aut moribus proditum est, ut Imperator Iustinianaus; which Laws (for we mean the positive Laws of our Realm, concerning Ecclesiastical Affairs) if they otherwise dispose of any such thing, than according to the Law of Reason, and of God, we must both acknowledge them to be amiss, and endeavour to have them reformed: But touching that point, what may be objected, shall after appear. Our Judges in Causes Ecclesiastical, are either Ordinary or Commissionary; Ordinary, those whom we term Ordinaries; and such, by the Laws of this Land, are none but Prelates onelyonly, whose Power to do that which they do, is in themselves, and belonging to the nature of their Ecclesiastical calling. In Spiritual Causes, a Lay-Person may be no Ordinary; a Commissionary Judge, there is no lett but that he may be; and, that our Laws do evermore referr the ordinary Judgement of Spiritual Causes unto Spiritual Persons, such as are termed Ordinaries, no man which knoweth any thing of the Practice of this Realm, can easily be ignorant. Now, besides them which are Authorized to judge in several Territories, there is required an universal Power which reacheth over all, imparting Supream Authority of Government, over all Courts, all Judges, all Causes; the operation of which Power, is as well to strengthen, maintain, and uphold particular Jurisdictions, which haply might else be of small effect: as also to remedy that which they are not able to help, and to redress that wherein they at any time do otherwise than they ought to do. This Power being sometime in the Bishop of Rome, who, by sinister Practises had drawn it into his hands, was, for just considerations, by Publick consent annexed unto the Kings Royal Seat and Crown; from thence the Authors of Reformation would translate it into their National Assemblies or Synods, which Synods are the onelyonly helps which they think lawful to use against such Evils in the Church, as particular Jurisdictions are not sufficient to redress.Eliz cap. 1. In which Cause, our Laws have provided, that the Kings supereminent Authority and Power shall serve: As namely, when the whole Ecclesiastical State, or the Principal Persons therein, do need Visitation and Reformation; when in any part of the Church, Errours, Schismes, Herusies, Abuses, Offences, Contempts, Enormities, are grown; which men, in their several Jurisdictions, either do not, or cannot help. Whatsoever any Spiritual Authority and Power (such as Legates from the See of Rome did sometimes exercise) hath done or might heretofore have done, for the remedies of those Evils in lawful sort, (that is to say, without the violation of the Laws of God, or Nature, in the deed done) as much in every degree our Laws have fully granted, that the King for ever may do, not onelyonly be setting Ecclesiastical Synods on work, that the thing may be their Act, and the King their Motioner unto it, for so much perhaps the Masters of the Reformation will grant: but by Commissions few or many, who having the Kings Letters Patents, may, in the vertue thereof, execute the premises as Agents in the right, not of their own peculiar and ordinary, but of his supereminent Power. When men are wronged by inferiour Judges, or have any just cause to take exception against them; their way for Redress, is to make their Appeal; and Appeal is a present delivery of him which maketh it, out of the hands of their Power and Jurisdictions from whence it is made. Pope Alexander having sometimes the King of England at advantage, caused him, amongst other things, to agree, that as many of his Subjects as would,Mach…avil. Hist. Florent. 1. …. might have appeal to the Court of Rome. And thus (saith one) that whereunto a mean Person at this day would scorn to submit himself, so great a King was content to he subject to. Notwithstanding, even when the Pope (saith he) had so great Authority amongst Princes which were farr off, the Romans he could not frame to obedience, nor was able to obtain that himself might abide at Rome, though promising not to meddle with other than Ecclesiastical Affairs. So much are things that terrifie, more feared by such as behold them aloof off than at hand. Reformers I doubt not in some Causes will admit Appeals, but Appeals made to their Synods; even as the Church of Rome doth allow of them, so they be made to the Bishop of Rome. 15 Hen. … c. 15As for that kinde of Appeal which the English Laws do approve from the Judge of any certain particular Court unto the King, as the onelyonly Supream Governour on Earth, who, by his Delegates, may give a final definitive Sentence, from which no farther Appeal can be made: Will their Plat-form allow of this? Surely, forasmuch as in that estate which they all dream of, the whole Church must be divided into Parishes, in which none can have greater or less Authority and Power than another; again, the King himself must be but a common Member in the Body of his own Parish, and the causes of that onelyonly Parish, must be by the Officers thereof determinable: In case the King had so much favour or preferment, as to be made one of those Officers (for otherwise by their positions, he were not to meddle any more than the meanest amongst his Subjects, with the Judgement of any Ecclesiastical Cause) how is it possible they should allow of Appeals to be made from any other abroad to the King? To receive Appeals from all other Judges, belongeth to the highest in power of all, and to be in power over All (as touching Judgment in Ecclesiastical Causes) this, as they think, belongeth onelyonly to Synods. Whereas therefore, with us, Kings do exercise over all Things, Persons, and Causes Supream Power, both of voluntary and litigious Jurisdictions… so that according to the one they incite, reform, and command; according to the other, they judge universally, doing both in farr other sort than such as have ordinary Spiritual power; oppugned we are herein by some colourable shew of Argument, as if to grant thus much to any Secular Person, it were unreasonable: For sith it is (say they) apparent out of the Chronicles, T.C. l 3. p. 1…4. 2 Chron. 19.5. Heb. 5. 1.that judgement in Church-matters pertaineth to God; Seeing likewise it is evident out of the Apostles, that the High-Priest is set over those matters in Gods behalf: It must needs follow, that the Principality or direction of the Iudgment of them, is, by Gods ordinance, appertaining to the High-Priest, and consequently to the Ministry of the Church; and if it be by Gods Ordinance appertaining unto them, how can it be translated from them to the Civil Magistrate? Which Argument, briefly drawn into form, lyeth thus: That which belongeth unto God, may not be translated unto any other, but whom he hath appointed to have it in his behalf: But principality of Judgement in Church-matters appertaineth unto God, which hath appointed the High-Priest, and consequently the Ministry of the Church alone, to have it in his behalf, Ergo, it may not from them be translated to the Civil Magistrate. The first of which Propositions we grant, as also in the second that branch which ascribeth unto God Principality in Church-matters. But, that either he did appoint none, but onelyonly the High-Priest to exercise the said Principality for him; or that the Ministry of the Church may in reason from thence be concluded to have alone the same Principality by his appointment, these two Points we deny utterly. For, concerning the High-Priest, there is, first, no such Ordinance of God to be found: Every High-Priest (saith the Apostle) is taken from amongst men, and is ordained for men in things pertaining to God; Whereupon it may well be gathered, that the Priest was indeed Ordained of God, to have Power in things appertaining unto God: For the Apostle doth there mention the Power of offering Gifts and Sacrifices for Sin, which kinde of Power, was not onelyonly given of God unto Priests, but restrained unto Priests onelyonly. The power of Jurisdiction and ruling Authority, this also God gave them, but not them alone: For it is held, as all men know, that others of the Laity were herein joyned by the Law with them. But, concerning Principality in Church-affairs, (for of this our Question is, and of no other) the Priest neither had it alone, nor at all, but in Spiritual or Church-affairs, (as hath been already shewed) it was the Royal Prerogative of Kings only. Again, though it were so, that God had appointed the High-Priest to have the said Principality of Government in those maters; yet how can they who alledge this, enforce thereby, that consequently the Ministry of the Church, and no other ought to have the same, when they are so farr off from allowing so much to the Ministry of the Gospel, as the Priest-hood of the Law had by God's appointment: That we but collecting thereout a difference in Authority and Jurisdiction amongst the Clergy, to be for the Polity of the Church not inconvenient; they forthwith think to close up our mouths by answering, That the Iewish High-Priest, had authority above the rest, onelyonly in that they prefigured the Soveraignty of Iesus Christ; As for the Ministers of the Gospel, it is altogether unlawful to give them as much as the least Title, any syllable whereof may sound to Principality. And of the Regency which may be granted, they hold others even of the Laity, no less capable than the Pastors themselves. How shall these things cleave together? The truth is, that they have some reason to think it not at all of the fittest for Kings, to sit as ordinary Judges in matters of Faith and Religion. An ordinary Judge must be of the quality which in a Supream Judge is not necessary; Because the Person of the one is charged with that which the other Authority dischargeth, without imploying personally himself therein. It is an Errour to think, that the King's Authority can have no force nor power in the doing of that which himself may not personally do. For first, impossible it is, that at one and the same time, the King in Person should order so many, and so different affairs, as by his own power every where present, are wont to be ordered both in peace and warr, at home and abroad. Again, the King in regard of his nonage or minority, may be unable to perform that thing wherein years of discretion are requisite for personal action; and yet his authority even then be of force. For which cause we say, that the King's authority dyeth not, but is, and worketh always alike. Sundry considerations there may be, effectual to with-hold the King's Person from being a doer of that which notwithstanding his Power must give force unto, even in Civil affairs; where nothing doth more either concern the duty, or better beseem the Majesty of Kings, than personally to administer Justice to their People (as most famous Princes have done;) yet if it be in case of Felony of Treason, the Learned in the Laws of this Realm do affirm, that well may the King commit his Authority to another,Stanf. Pleas of the Crown, l. 1. c. 3. to judge between him and the Offender; but the King being himself there a Party, he cannot personally sit to give Judgement.
As therefore the Person of the King may, for just considerations, even where the cause is Civil, be notwithstanding withdrawn from occupying the Seat of Judgment, and others under his Authority be fit, he unfit himself to judge; so the considerations for which it were haply no: convenient for Kings to sit and give Sentence in Spiritual Courts, where Causes Ecclesiastical are usually debated, can be no barr to that force and efficacy which their Soveraign Power hath over those very Consistories, and for which we hold, without any exception, that all Courts are the Kings. All men are not for all things sufficient, and therefore Publick affairs being divided, such Persons must be authorized Judges in each kinde, as Common reason may presume to be most fit. Which cannot of Kings and Princes ordinarily be presumed in Causes merely, Ecclesiastical; so that even Common sense doth rather adjudge this burthen unto other men. We see it hereby a thing necessary, to put a difference, as well between that Ordinary Jurisdiction which belongeth unto the Clergy alone, and that Commissionary wherein others are for just considerations appointed to joyn with them, as also between both these Jurisdictions; And a third, whereby the King hath transcendent Authority, and that in all Causes over both. Why this may not lawfully be granted unto him, there is no reason. A time there was when Kings were not capable of any such Power, as namely, when they professed themselves open Enemies unto Christ and Christianity. A time there followed, when they, being capable, took sometimes more, sometimes less to themselves, as seemed best in their own eyes, because no certainty, touching their right, was as yet determined. The Bishops, who alone were before accustomed to have the ordering of such Affairs, saw very just cause of grief, when the highest, favouring Heresie, withstood, by the strength of Soveraign Authority, Religious proceedings. Whereupon they oftentimes, against this unresistable power, pleaded the use and custom, which had been to the contrary; namely, that the affairs of the Church should be dealt in by the Clergy, and by no other; unto which purpose, the sentences that then were uttered in defence of unabolished Orders and Laws, against such as did, of their own heads, contrary thereunto; are now altogether impertinently brought in opposition against them, who use but that Power which Laws have given them, unless men can shew, that there is in those Laws some manifest iniquity or injustice.T. C. l. 3. p. 155. Whereas therefore against the force Judicial and Imperial, which Supream Authority hath, it is alledged, how Constantine termeth Church-Officers, Over-seers of things within the Church; himself, of those without the Church: how Augustine witnesseth,Euseb. de vita Constant. l. 4. Ep. 162, 165. that the Emperor not daring to judge of the Bishop's Cause, committed it to the Bishops; and was to crave pa…on of the Bishops, for that by the Donatists importunity, which made no end to appealing unto him, he was, being weary of them, drawn to give sentence in a matter of theirs; how Hilary beseecheth the Emperor Constance, to provide that the Governors of his Provinces should not presume to take upon them the Judgement of Ecclesiastical Causes, to whom onelyonly Common-wealth matters belonged;Lib. 5. ep. 33. how Ambrose affirmeth, that Palaces belong unto the Emperor, Churches to the Minister; That the Emperor hath the authority over the Common-walls of the City, and not in holy things; for which cause he never would yield to have the Causes of the Church debated in the Princes Consistories, but excused himself to the Emperor Valentinian, for that being convented to answer concerning Church-matters in a Civil Court, he came not: We may by these testimonies drawn from Antiquity, if wellst to consider them, discern how requisite it is that Authority should always follow received Laws in the manner of proceeding. For, inasmuch as there was at the first no certain Law, determining what force the principal Civil Magistrates authority should be of, how farr it should reach, and what order it should observe; but Christian Emperors from time to time did what themselves thought most reasonable in those affairs; by this means it cometh to passe that they in their practise vary, and are not uniform. Vertuous Emperors, such as Constantine the Great was, made conscience to swerve unnecessarily from the custom which had been used in the Church, even when it lived under Infidels; Constantine, of reverence to Bishops, and their Spiritual Authority, rather abstained from that which himself might lawfully do, than was willing to claim a Power, not fit or decent for him to exercise. The Order which hath been before, he ratifieth, exhorting the Bishops to look to the Church, and promising, that he would do the Office of a Bishop over the Common-wealth; which very Constantine notwithstanding, did not thereby so renounce all Authority in judging of Special Causes, but that sometime he took, as St. Augustine witnesseth, even personal cognition of them; howbeit, whether as purposing to give therein judicially any Sentence, I stand in doubt; for if the other of whom St. Augustine elsewhere speaketh, did, in such sort, judge, surely there was cause why he should excuse it as a thing not usually done. Otherwise there is no lett, but that any such great Person may hear those Causes to and fro debated, and deliver in the end his own opinion of them, declaring on which side himself doth judge that the truth is. But this kinde of Sentence bindeth no side to stand thereunto; it is a Sentence of private perswasion, and not of solemn jurisdiction, albeit a King, or an Emperour pronounce it: Again, on the contrary part, when Governours infected with Heresie were possessed of the Highest Power, they thought they might use it as pleased themselves, to further by all means that opinion which they desired should prevail, they not respecting at all what was meet, presumed to command and judge all men, in all Causes, without either care of orderly proceeding, or regard to such Laws and Customs as the Church had been wont to observe. So that the one sort feared to do even that which they might; and that which the other ought not, they boldly presumed upon; the one sort, of modesty, excused themselves where they scarce needed; the other, though doing that which was inexcusable, bare it out with main power, not enduring to be told by any man how farr they roved beyond their bounds. So great odds was between them whom before we mentioned, and such as the younger Valentinian, by whom St. Ambrose being commanded to yield up one of the Churches under him unto the Arrians, whereas they which were sent on his Message, alledged, That the Emperour did but use his own right, forasmuch as all things were in his power: The Answer which the holy Bishop gave them, was, That the Church is the House of God, and that those things that are Gods are not to be yielded up, and disposed of it at the Emperors will and pleasure; His Palaces he might grant to whomsoever he pleaseth, but Gods own Habitation not so. A cause why many times Emperours do more by their absolute Authority than could very well stand with reason, was the over-great importunity of wicked Hereticks, who being Enemies to Peace and Quietness, cannot otherwise than by violent means be supported.
In this respect therefore we must needs think the state of our own Church much better settled than theirs was; because our Lawes have with farr more certainty prescribed bounds unto each kinde of Power. All decision of things doubtful, and correction of things amiss are proceeded in by order of Law, what Person soever he be unto whom the administration of Judgment belongeth. It is neither permitted unto Prelates nor Prince to judge and determine at their own discretion, but Law hath prescribed what both shall do. What Power the King hath, he hath it by Law, the bounds and limits of it are known, the intire Community giveth general order by Law, how all things publickly are to be done, and the King, as the Head thereof, the Highest in Authority over all, causeth, according to the same law, every particular to be framed and ordered thereby. The whole Body Politick maketh Laws, which Laws gave Power unto the King, and the King having bound himself to use according unto Law that power, it so falleth out, that the execution of the one is accomplished by the other in most religious and peaceable sort. There is no cause given unto any to make supplication, as Hilary did, that Civil Governors, to whom Common-wealth-matters only belong, may not presume to take upon them the Judgement of Ecclesiastical causes. If the cause be Spiritual, Secular Courts do not meddle with it; we need not excuse our selves with Ambrose, but boldly and lawfully we may refuse to answer before any Civil Judge in a matter which is not Civil, so that we do not mistake either the nature of the Cause, or of the Court, as we easily may do both, without some better direction than can be by the rules of this new-found Discipline. But of this most certain we are, that our Laws do neither suffer a*See the Secture of Edw. 1. and Edw. 2. and Nat. Brev. touching Prohibition. See also in Bracton these Sentences, l. …. c. 2. Est Jurisdictio onlinaria quae lam delegata, quae pertinet ad Sacer dotium, & Forum Ecclesiasticum, sicut in causi… Spiritualibus & Spiritualitari annexis. Est etiam alia Jurisdictio o…linaria vel delegata quae pertinet a Coronam, & dignitatem Regis & ad Regnum in causis & placitk rerum temporalinm …o seculari. Again, Cum diversae sint hinc inde jurisdictiones, & diversi Judices, & diversae causae. debet quibber ipsorum inprim … aestimare, an sua sit jurisdictio, ne falcem videatur ponere in Mestem altenam. Again, Non pertinet ad Regem injungere: poenicentias nic adjudicem secularem, necetiam ad cos pertinet cognoscire de lis quae lunt Spiritualibus annexa, sicut de decimis & aliis Ecclesiae proven…ionibus. Again, Non est Lacins conveniendus coram Judiae Ecclesiastico de aliquo quo lin soro seculari terminari possit & de beat. Spiritual Court to entertain those Causes which by the Law are Civil; nor yet, if the matter be indeed Spiritual, a mere Civil Court to give Judgement of it. Touching Supream Power therefore to command all men, and in all manner of causes of Judgement to be highest, let thus much suffice as well for declaration of our own meaning, as for defence of the truth therein.
The cause is not like when such Assemblies are gathered together by Suream Authority concerning other affairs of the Church, and when they meet about the making of Ecclesiastical Laws or Statutes. For in the one they are onelyonly to advise, in the other to decree. The Persons which are of the one, the King doth voluntarily assemble, as being in respect of quality fit to consult withal; them which are of the other, he calleth by prescript of Law, as having right to be thereunto called. Finally, the one are but themselves, and their Sentence hath but the weight of their own Judgment; the other represent the whole Clergy, and their voyces are as much as if all did give personal verdict. Now the question is, Whether the Clergy alone so assembled, ought to have the whole power of making Ecclesiastical Laws, or else consent of the Laity, may thereunto be made necessary, and the King's assent so necessary, that his sole denial may be of force to stay them from being Laws.
If they with whom we dispute were uniform,What Laws may be made for the affairs of the Church and to whom the power of making them appertaineth. strong and constant in that which they say, we should not need to trouble our selves about their Persons, to whom the power of making Laws for the Church belongs: for they are sometime very vehement in contention, that from the greatest thing unto the least about the Church, all must needs be immediately from God. And to this they apply the pattern of the antient Tabernacle which God delivered unto Moses, and was therein so exact, that there was not left as much as the least pin for the wit of man to devise in the framing of it. To this they also apply that streight and severe charge which God soosten gave concerning his own Law,Deut. 12. 32. and 4. 2. Josh. 1. 7. Whatsoever I command you, take heed ye do it; Thou shalt put nothing thereto, thou shalt take nothing from it: Nothing, whether it be great or small. Yet sometimes bethinking themselves better, they speak as acknowledging that it doth suffice to have received in such sort the principal things from God, and that for other matters the Church had sufficient authority to make Laws; whereupon they now have made it a question, What Persons they are whose right it is to take order for the Churches affairs, when the institution of any new thing therein is requisite. Law may be requisite to be made either concerning things that are onelyonly to be known and believed in, or else touching that which is to be done by the Church of God. The Law of Nature,Thom. l. 8. quael. 108. …. 2. and the Law of God, are sufficient for declaration in both what belongeth unto each man separately, as his Soul is the Spouse of Christ, yea so sufficient, that they plainly and fully shew, whatsoever God doth require by way of necessary introduction unto the state of everlasting bliss. But as a man liveth joyned with others in common society, and belongeth to the outward Politick Body of the Church, albeit the same Law of Nature and Scripture have in this respect also made manifest the things that are of greatest necessity; nevertheless, by reason of new occasions still arising, which the Church, having care of Souls, must take order for as need requireth, hereby it cometh to pass, that there is, and ever will be, so great use even of Human Laws and Ordinances, deducted by way of discourse as a conclusion from the former Divine and Natural, serving as Principals thereunto. No man doubteth, but that for matters of Action and Practice in the Affairs of God, for manner in Divine Service, for order in Ecclesiastical proceedings about the Regiment of the Church, there may be oftentimes cause very urgent to have Laws made: but the reason is not so plain, wherefore Human laws should appoint men what to believe. Wherefore in this we must note two things: 1. That in matters of opinion, the Law doth not make that to be truth which before was not, as in matter of Action is causeth that to be a duty, which was not before; but manifesteth only and giveth men notice of that to be truth, the contrary whereunto they ought not before to have believed. 2. That opinions do cleave to the understanding, and are in heat assented unto, it is not in the power of any Human law to command them, because to prescribe what men shall think belongeth only unto God: Corde creditur, ore fit confessio, saith the Apostle. As opinions are either fit, or inconvenient to be professed, so man's laws hath to determine of them. It may for Publick unities sake require mens professed assent, or prohibit their contradiction to special Articles, wherein, as there haply hath been Controversie what is true, so the same were like to continue still, not without grievous detriment unto a number of Souls; except Law, to remedy that evil, should set down a certainty, which no man afterwards is to gain-say. Wherefore, as in regard of Divine laws, which the Church receiveth from God, we may unto every man apply those words of wisdom in Solomon, Prov. 6.My Son keep thou thy Fathers Precepts; Conserva, Fili mi, praecepta Patris tui: even so concerning the Statutes and Ordinances which the Church it self makes, we may add thereunto the words that follow, Etut, dimitt as legem Matris tuae, And forsake thou not thy Mothers law.
It is a thing even undoubtedly natural, that all free and Independent Societies should themselves make their own Laws, and that this power should belong to the whole, not to any certain part of a Politick body, though haply some one part may have greater sway in that action than the rest, which thing being generally fit and expedient in the making of all Laws, we see no cause why to think otherwise in Laws, concerning the service of God, which in all well-order'd States and Common-wealths, is the*foreign Archit. de leg. & Instit. That is; it behoveth the Law first to so establish or settle those things which belong to the Gods, and Divine Powers, and to our Parents, and universally those things which be vertuous and honourable. In the second place, those things that be convenient and profitable; for it is fit, that matters of the less weight should come after the greater. first thing that Law hath care to provide for. When we speak of the right which naturally belongeth to a Common-wealth, we speak of that which must needs belong to the Church of God. For if the Common-wealth be Christian, if the People which are of it do publickly embrace the true Religion, this very thing doth make it the Church, as hath been shewed. So that unless the verity and purity of Religion do take from them which embrace it, that power wherewith otherwise they are possessed; look what authority, as touching laws for Religion, a Common-wealth hath simply, it must of necessity being of the Christian Religion.
It will be therefore perhaps alledged, that a part of the verity of Christian Religion is to hold the power of making Ecclesiastical Laws a thing appropriated unto the Clergy in their Synods; and whatsoever is by their only voyces agreed upon, it needeth no further approbation to give unto it the strength of a Law, as may plainly appear by the Canons of that first most venerable Assembly: where, those things the Apostle and Iames had concluded,Acts 15. 7,13, 23. were afterwards published and imposed upon the Churches of the Gentiles abroad as Laws, the Records thereof remaining still the Book of God for a testimony, that the power of making Ecclesiastical Laws, belongeth to the Successors of the Apostles, the Bishops and Prelates of the Church of God.
To this we answer, That the Councel of Ierusalem is no Argument for the power of the Clergy to make Laws; For first there hath not been sithence, any Councel of like authority to that in Ierusalem: Secondly, The cause why that was of such authority, came by a special accident: Thirdly, The reason why other Councels being not like unto that in nature, the Clergy in them should have no power to make Laws by themselves alone, is in truth so forcible, that, except some Commandment of God to the contrary can be shewed, it ought, notwithstanding the foresaid example, to prevail.
The Decrees of the Councel of Ierusalem, were not as the Canons of other Ecclesiastical Assemblies, Human, but, very Divine Ordinances: for which cause the Churches were farr and wide commanded every where to see them kept, no otherwise than if Christ himself had personally on Earth been the Author of them.Acts 15. 4. The cause why that Council was of so great Authority and credit above all others which have been sithence, is expressed in those words of principal observation. Unto the Holy Ghost, and to us it hath seemed good; which form of speech, though other Councels have likewise used, yet neither could they themselves mean, nor may we so understand them, as if both were in equal sort assisted with the power of the Holy Ghost; but the latter had the favour of that general assistance and presence which Christ doth promise unto all his,Mat. 16, Mat. ult. according to the quality of their several Estates and Callings; the former, the grace of special, miraculous, rare and extraordinary illumination, in relation whereunto the Apostle comparing the Old Testament and the New together, termeth the one a Testament of the Letter, for that God delivered it written in stone;2 Cor. 3. the other a Testament of the Spirit, because God imprinted it in the hearts, and declared it by the tongues of his chosen Apostles through the power of the Holy Ghost, feigning both their conceits and speeches in most Divine and incomprehensible manner. Wherefore, in as much as the Council of Ierusalem did chance to consist of men so enlightened, it had authority greater than were meet for any other Council besides to challenge, wherein such kinde of Persons are, as now the state of the Church doth stand; Kings being not then that which now they are, and the Clergy not now that which then they were. Till it be proved that some special Law of Christ hath for ever annexed unto the Clergy alone the power to make Ecclesiastical laws, we are to hold it a thing most consonant with equity and reason, that no Ecclesiastical laws be made in a Christian Common-wealth, without consent as well of the Laity as of the Clergy, but least of all without consent of the highest Power.
For of this thing no man doubteth, namely, that in all Societies, Companies,Cap. delicta. de excess. Praelator L.per fundum Rusticor▪ praed & sect. Religiosum de rerum divis. and Corporations, what severally each shall be bound unto, it must be with all their assents ratified. Against all equity, it were, that a man should suffer detriment at the hands of men for not observing that which he never did either by himself, or by others, mediately or immediately agree unto. Much more than a King should constrain all others no the strict observation of any such Human Ordinance as passeth without his own approbation. In this Case therefore especially, that vulgar Axiom is of force,Gless. dict. 96. c. …inam. Quod omnes tangit, ab omnibus tractari & approbari debet. Whereupon Pope Nicolas, although otherwise not admitting Lay-persons, no not Emperors themselves, to be present as Synods, doth notwithstanding seem to allow of their presence, when matters of Faith are determined, whereunto all men must stand bound: Ubinam legistis Imperatores Antecessores vestros, Synodalibus Conventibus interfuisse; nisi forsitan in quibus de Fide tractatum est, quae non solum ad Clericos, verum etiam ad Laicos & omnes pertinet Christianos? A Law, be it Civil or Ecclesiastical, is a Publick Obligation, wherein, seeing that the whole standeth charged, no reason it should pass without his privity and will, whom principally the whole doth depend upon. Sicut Laici jurisdictionem Clericorum perturbare, ita Clerici jurisdictionem Laicorum non debent minuere▪ saith Innocentius, Extra de judic. novit. As the Laity should not hinder the Clergy's jurisdiction, so neither is it reason that the Laity's right should be abridged by the Clergy, saith Pope Innocent. But were it so that the Clergy alone might give Laws unto all the rest, forasmuch as every Estate doth desire to inlarge the bounds of their own Liberties, is it not easie to see how injurious this might prove to men of other conditions? Peace and Justice are maintained by preserving unto every Order their Rights, and by keeping all Estates, as it were, in an even ballance; which thing is no way better done, than if the King, their common Parent, whose care is presumed to extend most indifferently over all, do bear the chiefest sway in the making Laws which All must be ordered by; Wherefore of them which in this point attribute most to the Clergy, I would demand, What evidence there is, whereby it may clearly be shewed, that in antient Kingdoms Christian, any Canon devised by the Clergy alone in their Synods, whether Provincial, National, or General, hath, by mere force of their Agreement, taken place as a Law, making all men constrainable to be obedient thereunto, without any other approbation from the King, before or afterwards, required in that behalf. But what speak we of antient Kingdoms, when at this day, even the Papacy it self; the very Tridentine Council hath not every where as yet obtained to have in all points the strength of Ecclesiastical Laws;Boer. Fyod. hercoic. quast. l. 1. sect. 24. did not Philip King of Spain, publishing that Council in the Low Countries, adde thereunto an express clause of special provision, that the same should in no wise prejudice, hurt, or diminish any kinde of Priviledge, which the King or his Vassals a fore-time, had enjoyed, touching either possessory Judgements of Ecclesiastical Livings, or concerning nominations thereunto, or belonging to whatsoever right they had else in such Affairs. If therefore the Kings exception taken against some part of the Canons contained in that Council, were a sufficient barr to make them of none effect within his Territories, it followeth that the like exception against any other part, had been also of like efficacy; and so consequently that no part therof had obtained the strength of a Law, if he which excepted against a part, had so done against the whole: as, what reason was there, but that the same Authority which limited, might quite and clean have refused that Council; who so alloweth the said Act of the Catholick Kings for good and lawful, must grant that the Canons, even of General Councils, have but the face of Wise-mens opinions, concerning that whereof they-treat, till they be publickly assented unto, where they are to take place as Laws; and that, in giving such publick assent, as maketh a Christian Kingdome subject unto those Laws, the King's authority is the chiefest. That which an University of Men, a Company, or Corporation, doth without consent of their Rector, is as nothing. Except therefore we make the King's Authority over the Clergy, less in the greatest things, than the power of the meanest Governour is in all things over the Colledge, or Society, which is under him; how should we think it a matter decent, that the Clergy should impose Laws, the Supream Governours assent not asked?
Yea, that which is more, the Laws thus made, God himself doth in such sort authorize, that to despise them, is to despise in them him. It is a loose and licentious opinion, which the Anabaptists have embraced, holding that a Christian man's liberty is lost, and the Soul which Christ hath redeemed unto himself injuriously drawn into servitude under the Yoke of Human power, if any Law be now imposed besides the Gospel of Christ; in obedience whereunto the Spirit of God, and not the constraint of men, is to lead us, according to that of the blessed Apostle, Such as are led by the Spirit of God, they are the Sons of God, and not such as live in thraldom unto men. Their Judgement is therefore, That the Church of Christ should admit of no Law-makers but the Evangelists, no Courts but Presbyteries, no Punishments but Ecclesiastical censures: As against this sort, we are to maintain the use of Human laws, and the continual necessity of making them from time to time: as long as this present World doth last; so likewise the Authority of Laws, so made, doth need much more by us to be strengthened against another sort, who, although they do utterly condemn the making of Laws in the Church, yet make they a great deal less account of them than they should do. There are which think simply of Human laws, that they can in no sort touch the Conscience. That to break and transgress them, cannot make men in the sight of God culpable, as Sin doth; onelyonly when we violate such Laws, we do thereby make our selves obnoxious unto external punishment in this World, so that the Magistrate may, in regard of such offence committed, justly correct the Offender, and cause him, without injury, to endure such pains as Law doth appoint, but further it reacheth not: For first, the Conscience is the proper Court of God, the guiltiness thereof is Sin, and the punishment Eternal death; men are not able to make any Law that shall command the Heart, it is not in them to make Inward-conceit a Crime, or to appoint for any crime other punishment than corporal; their Laws therefore can have no power over the Soul, neither can the heart of man be polluted by transgressing them. St. Austine rightly desineth Sin to be that which is spoken, done, or desired, not against any Laws, but against the Law of the Living God. The Law of God is proposed unto Man, as a Glass wherein to behold the stains and the spots of their sinful Souls. By it they are to judge themselves, and when they feel themselves to have transgressed against it, then to bewail their offences with David, Against thee onelyonly O Lord have I sinned, and done wickedly in thy sight; that so our present tears may extinguish the flames, which otherwise we are to feel, and which of God in that day shall condemn the Wicked unto, when they shall render account of the Evil which they have done, not by violating Statute-Laws, and Canons, but by disobedience unto his Law and his Word.
For our better instruction therefore concerning this point,Verum ac proprium civis à peregrino discrimen est. quò d alter imperio ac potestate vili obliganur, alter justs Principis alient resputre potest: illum Princips ab hostium aeque ac Civium injuria tueri re…ttur, hune non leem nisi rogatus & humaniraus officiis, impulsus, saith Bodinde Repub. l 1. c. 6. non mulrum à fine. p. 61. E…ir. Lug. l. E. in fol. 1586. first we must note, That the Law of God it self doth require at our hands, Subjection. Be ye subject, saith S. Peter; and S. Paul, Let every Soul be subject; subject all unto such Powers as are set over us. For if such as are not set over us, require our subjection, we, by denying it, are not disobedient to the Law of God, or undutiful unto Higher Powers; Because, though they be such in regard of them over whom they have lawful Dominion, yet having not so over us, unto us they are not such. Subjection therefore we owe, and that by the Law of God; we are in Conscience bound to yield it even unto every of them that hold the seats of Authority and Power in relation unto us. Howbeit, not all kindes of subjection, unto every such kinde of Power: concerning Scribes and Pharisees, our Saviour's Precept was, Whatsoever they shall tell ye, do it. Was it his meaning, that if they should at any time enjoyn the People to levy an Army, or to sell their Lands and Goods, for the furtherance of so great an enterprize; and, in a word, that simply whatsoever it were which they did command, they ought, without any exception, forth-with to be obeyed. No, but whatsoever they shall tell you, must be understoud in pertinentibus ad Cathedram, it must be construed with limitation, and restrained unto things of that kinde, which did belong to their place and power: For they had not Power general, absolutely given them to command all things. The reason why we are bound in Conscience to be subject unto all such Power, is, because all Powers are of God.
They are of God either instituting or permitting them; Power is then of Divine institution, when either God himself doth deliver, or men by light of nature finde out the kinde thereof. So that the power of Parents over Children, and of Husbands over their Wives, the power of all sorts of Superiors, made by consent of Commonwealths within themselves, or grown from agreement amongst Nations, such power is of God's own Institution in respect of the kinde thereof; Again, if respect be had unto those particular Persons, to whom the same is derived, if they either receive it immediately from God, as Moses and Aaron did; or from nature, as Parents do; or from men, by a natural and orderly course, as every Governor appointed in any Common wealth, by the order thereof, doth; then is not the kinde of their Power, only of God's instituting, but the derivation thereof also, into their Persons, is from him. He hath placed them in their rooms, and doth term them his Ministers; Subjection therefore is due unto all such Powers, inasmuch as they are of God's own institution, even then when they are of man's creation, Omni Humanae Creaturae: Which things the Heathens themselves do acknowledge.Hom. 11. 1. 2. A Scepter. swaying King, to whom even Iupiter himself hath given honor, and commandment. foreign.
As for them that exercise Power altogether against Order, although the kinde of Power which they have may be of God, yet is their exercise thereof against God, and therefore not of God, otherwise than by Permission, as all Injustice is.
Touching such Acts as are done by that power which is according to his institution, that God in like sort doth authorize them, and account them to be his; though it were not confessed, it might be proved undeniably. For if that be acounted our deed, which others do, whom we have appointed to be our Agents, how should God but approve those deeds, even as his own, which are done by vertue of that Commission and Power which he hath given: Take heed (saith Iehosophat unto his Judges) be careful and circumspect what ye do ye do not execute the judgments of Man, but of the Lord, 2 Chron. 19. 6. The Authority of Caesar over the Jews, from whence was it? Had it any other ground than the Law of Nations, which maketh Kingdoms, subdued by just War, to be subject unto their Conquerors? By this Power Caesar exacting Tribute, our Saviour confesseth it to be his Right, a Right which could not be with-held without Injury, yea disobedience herein unto him, and even Rebellion against God. Usurpers of Power, whereby we do not mean them that by violence have aspired unto places of Highest Authority, but them that use more Authority than they did ever receive in form and manner before-mentioned; (for so they may do, whose Title to the rooms of Authority, which they possess, no man can deny to be just and lawful; even as contrariwise some mens proceedings in Government have been very orderly, who notwithstanding did not attain to be made Governors, without great violence and disorder) such Usurpers thereof, as in the exercise of their Power do more than they have been authorized to do, cannot in Conscience binde any man unto Obedience.
That subjection which we owe unto lawful Powers, doth not onelyonly import that we should be under them by order of our State, but that we shew all submission towards them, both by honor and obedience. He that resisteth them, resisteth God: And resisted they be, if either the Authority it self which they exercise be denied, as by Anabaptists all Secular Jurisdiction is; or if resistance be made but only so farr forth, as doth touch their Persons which are invested with Power; (for they which said, Nolumus hunc regnare, did not utterly exclude Regiment; nor did they wish all kinde of Government clearly removed; which would not at the first have David to govern) or if that which they do by vertue of their Power, namely, their Laws, Edicts, Services, or other Acts of Jurisdiction, be not suffered to take effect, contrary to the blessed Apostles most holy rule, Obey them which have the oversight of you, Heb. 13. 17. or if they do take effect, yet is not the will of God thereby satisfied neither, as long as that which we do is contemptuously, or repiningly done, because we can do no otherwise. In such sort the Israelites in the Desart obeyed Moses, and were notwithstanding deservedly plagued for disobedience. The Apostle's Precept therefore is, Be subject even for God's cause: Be subject, not for fear, but of mere Conscience, knowing, that be which resisteth them, purchaseth to himself condemnation. Disobedience therefore unto Laws, which are made by them, is not a thing of so small account, as some would make it.
Howbeit too rigorous it were, that the breach of every Human Law should be held a deadly sin: A mean there is between those extremities, if so be we can finde it out.