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and importunity of the council of Ephesus. And when Ibas, bishop of Edessa, had excommunicated some priests of his diocess, they appealed to the emperor" and were heard. Theodoric, king of Italy, received accusations against Pope Symmachus, and sent Altinus a bishop to be the visitor of that see, and afterward remitted the matter to a synod. Justinius P the emperor gave judgment upon Dorotheus, bishop of Thessalonica, for sedition and homicide. Justinian banished Julian the bishop of Halicarnassus, Severus bishop of Antioch, Peter of Apamea, and Zoaras a priest: but he also judged the cause of Pope Sylverius, for certain treasonable letters; and recalled him from banishment, but so that he should not be restored to his see, unless he were found innocent of the accusation.

4. I could reckon very many more instances to the same purpose, but these are as good as more; especially being but particulars of that power, and just consequence of that authority, which I have proved, by the laws of God and the confessions of the church, to be inherent in the supreme power. I sum up this with the words of Balsamo": "Quia statutum est nullum per alium injuriâ afficiendum, ipse patriarcha ab imperatore,qui ecclesiæ habet potestatis scientiam, judicabitur forte ut sacrilegus, vel malè de fide sentiens, vel alicujus criminis reus: hoc enim judicialiter actum vidimus diversis temporibus;" "Because it is commanded, that one should not injure another, the patriarch himself shall be judged of the emperor, who hath cognizance over the power of the church, peradventure for sacrilege, or for heresy, or for the guilt of any other crime; for we have, divers times, seen. such judicial processes." And to the same purpose, the seventh canon of the first council of Matiscon subjects the clergy to the secular judge in the causes of theft, witchcraft, and murder; and the council of Toledo does the like in the matter of robbery or cozenage. For either clergymen are not subjects, or they are bound by the laws of their prince. If they be not subjects, how come they free? If they be subjects, where is their privilege? or is the spiritual calling of a nature so desperate and estranged from the commonwealth,

n Adastas. Biblioth. in Symmacho.

• Epist. Hormisdæ, 56, 57.

P Novel. 42. et ponitur in concil. Gen. 5. Act. 1. Liberatus in Breviar. cap. 22. 4 An can. 12. syn, Antioch. r Which is cited c. filiis 16. q. 7,

that it is no part of it? or is it better than the secular? The questions are worthy inquiring after; but the decision of them will take off many prejudices from this great measure of conscience, concerning the fountain of human laws and judicatories.

5. But, upon a closer view of the particulars, it will be found that the whole matter is a mistake; a false consequence drawn from a true estimate of religion: for all men grant, that religion is the greatest excellency, that our souls are the biggest interest,-that all our wealth is best employed, when it is spent in God's service,-that all things must yield to our duty to God: these are all very true, as every thing else is, when it is truly understood; but what then? therefore the ministers of religion are to be preferred before the ministers of policy? Well, suppose that; for it is true, that every thing is best in its own place and time. But what? therefore the ministers of religion are superior to princes, whose government and care, whose office and employment, are merely temporal? That will not follow ;-nor this, therefore the ministers of religion are in all things better;-nor this, therefore they are in nothing inferior;-nor this, therefore they are not subject to civil government, and civil punishments. But these things must be considered apart.

In what sense, the fore every thing else.

Question I.

service of God is to be preferred be

6. To this I answer, (1.) That, if the service of God be taken in a sense opposed to any other thing, which is not the service of God, there is no peradventure, but it is to be preferred before every thing; for the question is no more than this, whether we ought to serve God, or not to serve him. For if that, which is not God's service, comes in competition with that which is, if the first be preferred, God is directly despised.

7. (2.) If, by the service of God, is meant the virtue of religion expressed in external action, as saying our prayers, receiving the holy sacrament, visiting churches, sitting at the memorials of martyrs, contemplation, fasting, silence, solitude, and the like, then it is as certain, that the service of God, in this sense, is to be preferred before many things, but

not before all things; not before many things of our ordinary life, not before many things of civil society. For to keep a holy day is a part of the service of God, but not to be preferred before bodily labour in our trade, if that labour be necessary for the feeding our family with daily bread. Contemplation is an excellent part of the divine service; but charitable actions are more useful. To hear a good sermon is good; but to snatch even an ox out of a pit is to be preferred before it. This our blessed Saviour taught us in those excellent words, "I will have mercy and not sacrifice." For not only the precise virtue of religion is the divine service, though, by propriety, it hath obtained the name but the doing all our duties, the works of our calling, all charitable ministries, all useful trades, all the graces of the Spirit expressed in actions and obedience, is the service of God, and of one it cannot be said, it is better than another; for they shall be required in their season. For,

8. (3.) It is one thing to inquire, which is, in itself, more excellent, and another thing to ask which are to ch ose; one thing to say, 'This is to be preferred in estimation,'-and another to say, This is to be preferred in practice.' Ecstasies and raptures and conversing with blessed spirits are certainly actions and passions, respectively of greater eminency than dressing the sores of poor boys in hospitals; and yet he that does this, serves Christ and does good, while he that follows after the others, may fall into the delusions of the devil. That which is best in itself, is not best for me it is best for the best state, but not for the state of men, who dwell in imperfection. Strong meat is better than milk, but this is best for babes; and therefore he would but ill consult the good of his child, who, because it is a princely boy, would feed him with beef and venison, wild boar and the juice of great fishes. Certainly a jewel is better than a piece of frieze; and gold is a more noble and perfect substance than barley and yet frieze and barley do, in their season, more good than gold and jewels, and are therefore much more eligible. For every thing is to be accounted of in its own place and scene of eminency: the eye loves one best, and the tongue and palate, the throat and stomach, love the other. But the understanding, which considers both, gives the value according to the degree of usefulness, and to the end of its ministry. Now

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though our understanding can consider things in their own perfections, and proportion honour and value to them; yet that which is better than honour, love and desire, union and fruition, are due to those things most, which, it may be, we honour least. And therefore there are some parts of the service of God, which are like meat and clothes, and some which are like gold and jewels; we value and admire these, but we are to choose the other: that is, we prefer one in discourse, and the other in use; we give better words to one, and better usages to the other. And therefore those parts of the divine service, which are most necessary, and do most good to mankind, are to be chosen before those, that look more splendidly, and in themselves import more perfection. The foundation of a house is better than the roof, though the roof be gilded; and that part of the service of God, which serves the needs of mankind most, is to be chosen before those, which adorn him better: so that actions of high and precise religion may be the excellences and perfections of a human soul; but the offices of civil governors, their keeping men in peace and justice, their affrighting them from vile impieties, may do much more good to mankind, and more glory to God in the whole event of things.

9. (4.) But then if it be inquired, whether is better, prayers or government, a pulpit or a court of judicature;—I am to answer, that they are both best, in their time. The pulpit rules on Sundays, the court of judicature all the week after. The pulpit guides the court, and the court gives laws to the pulpit. The pulpit gives counsel to this, and this gives commands to that. But there is this difference; if the pulpit says amiss, we are not bound by it: but if the court judges ill, we may complain, but we must submit. But then to inquire which is better, when they are both the servants of God, is to make a faction in the house of unity; and as there can be no good end served in it, so there can be no good ground of reason or revelation by which it can be determined.

10. (5.) If the question at last be, whether is to be preferred, the service of God, that is, an act of religion, or an act of civil life; I answer, that ordinarily religion is to be preferred, when there can be a question reasonably asked, which is to be chosen. That is, if it be indifferent as to the

person, there is no indifference in the thing: for the religious act does more honour to God and more good to us. But it is because that where our life and time are empty of other duties, then and there are the time and proper season of religion. But if it be not indifferent to the man, but an act of life or civil calling be in its season and appointment, then this is to be preferred before that.

11. (6.) Lastly, it is to be observed, that there are seasons ordinary and extraordinary, in our services of God. Every thing, in its season, is to be preferred: and therefore, upon festivals, we are to go to church and to public offices; upon other days, to follow the works of our calling: and so prefer both in their time. But sometimes these ordinary seasons are invaded by extraordinary necessities; and then that must prevail, which is most necessary in its season, and the other must give place. Now because this happens often in the needs of our life, and not very often in the needs of religion, therefore, in cases of natural or political necessities, the things of the commonwealth are to be preferred before the things of the church; that is, the service of God in charity before the service of God in the virtue of external religion: and the reason is, because this can stay, and the other cannot; and this can be supplied with the internal, that is, the religion of the heart, but that cannot be supplied with the charity of the heart.

Question II.

Which are to be preferred, and which are better, things spiritual or things temporal.

12. To this the patrons of ecclesiastical monarchy give a ready answer out of St. Gregory Nazianzen, speaking to the presidents: "Nam vos quoque potestati meæ meisque subselliis lex Christi subjecit. Imperium enim ipsi quoque gerimus, addo etiam præstantius ac perfectius; nisi verò æquum est spiritum carni fasces submittere, et cœlestia terrenis cedere ;""The law of Christ hath subjected you also, that are civil magistrates, to my chair. For we also have an empire, yea a better and more perfect than yours; unless it be reasonable, that the spirit should submit to the flesh, and heavenly things give place to earthly." For temporal things belong to the body, and spiritual things to the soul; by how

r Orat. 15. ad Subd. Tim. Percul.

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