Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 2Hallam, Henry
History
Introduction to the Literature of Europe in the Fifteenth, Sixteenth, and Seventeenth Centuries, Vol. 2
Hallam, Henry
Literature, Modern -- History and criticism
45. The magistrate can alter nothing which is definitely laid down by
the positive law of God; but he may regulate the circumstantial
observance even of such; and as to things undefined in Scripture he
has plenary jurisdiction; such as the temporalities of the church, the
convocation of synods, the election of pastors. The burthen of proof
lies on those who would limit the civil power by affirming anything to
be prescribed by the divine law.[100] The authority attributed in
Scripture to churches does not interfere with the power of the
magistrate, being persuasive and not coercive. The whole church has no
coercive power by divine right.[101] But since the visible church is a
society of divine institution, it follows that whatever is naturally
competent to a lawful society, is competent also to the
church, unless it can be proved to be withdrawn from it.[102] It has,
therefore, a legislative government (regimen constitutivum), of which
he gives the institution of the Lord’s day as an example. But this
does not impair the sovereign’s authority in ecclesiastical matters.
In treating of that supremacy, he does not clearly show what
jurisdiction he attributes to the magistrate; most of his instances
relating to the temporalities of the church, as to which no question
is likely to arise.[103] But, on the whole, he means undoubtedly to
carry the supremacy as far as is done in England.
[100] Ibid.
[101] Cap. 4.
[102] Quandoquidem ecclesia cœtus est divina lege non permissus
tantum sed et institutus, de aspectabili cœtu loquor, sequitur ea
omnia quæ cœtibus legitimis naturaliter competunt, etiam ecclesiæ
competere, quatenus adempta non probantur. Ibid.
[103] Cap. 5.
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