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A49337 Of the subject of church power in whom it resides, its force, extent, and execution, that it opposes not civil government in any one instance of it / by Simon Lowth ... Lowth, Simon, 1630?-1720. 1685 (1685) Wing L3329; ESTC R11427 301,859 567

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in the Objection the several Acts are these That no one Canon of the Church have the force of a Law but what is appointed by such Inspector of the Canons as he shall name and appoint That no Appeals be made to Rome upon the Penalty and Danger contained and limited in the Act of Provision and Premunire made in the 16th year of King Richard II. That all the Canons not repugnant to the Laws of the Realm or to the Damage of the King's Prerogative Royal are to be used and executed as they were before the making this Act. That no license is to be required from the See of Rome for the Consecrating and Investiture of Bishops That 't is in the King alone to nominate and present them That the Pope has no Power in Spiritual Causes to give Licenses Dispensations Faculties Grants c. all this is to be done at home by our own Bishops and in our own Synods and Councils cap. 21. and this Provision is particularly made Sect. 19. ibid. provided that this Act or any thing or things herein contained shall be hereafter interpreted or expounded that your Grace your Nobles and Subjects intend by the same to decline or vary from the Congregation of Christ's Church in any thing concerning the very Articles of the Catholick Faith of Christendom or in any other things declared in Holy Scripture and the Word of God necessary for yours and their Salvation but only to make an Ordinance by Policies necessary and convenient to repress Vice And for good conservation of this Realm in Peace Vnity and Tranquility from Ravine and Spoyl insuing much the old ancient Customes of this Realm in that behalf not minding to seek for any Relief Succor or Remedies for any worldly things and humane Laws in any case of necessity but within this Realm at the hands of your Highness your Heirs and Successors Kings of this Realm which have and ought to have an Imperial Power and Autority in the same and not obliged in any worldly Causes to any Superior § VII IN the 26th year of his Reign cap. 1. when declared Supreme Head of the Church of England in Parliament as before recognized by the Clergy the Power he thereby is invested with is also declared viz. To visit redress reform order correct restrain and amend all such Errors Heresies Abuses Offences Contempts and Enormities whatsoever they be which by any manner of spiritual Autority or Jurisdiction ought or may lawfully be reformed repressed order'd redressed corrected restrained or amended most to the pleasure of Almighty God the increase of Virtue in Christ's Religion and for the conservation of Vnity Peace and Tranquility of this Realm cap. 14. he appoints the number of suffragan Bishops the Places of their residence and the Arch-Bishop is to consecrate them In the 28th year of his Reign cap. 10. The King may nominate such number of Bishops Sees for Bishops Cathedral Churches and endow them with such Possessions as he will In the 31th year cap. 14. he defends the Doctrine of Transubstantiation the Sacrament in but one kind enacts that all Hereticks be burnt and their Goods forfeited that no Priest may marry for Masses Auricular Confession c. in the 34 5. cap. 1. recourse must be had to the Catholick Apostolick Church for the decision of Controversies And therefore all Books of the Old and New Testament in English being of Tindal 's false Translation or comprising any matter of Christian Religion Articles of the Faith or Holy Scripture contrary to the Doctrine set forth sithence Anno Domini 1540. or to be set forth by the King shall be abolished no Printer or Book-seller shall utter any of the said Books no Persons shall play or interlude sing or rhime contrary to the said Doctrine no Person shall retain any English Books or Writings concerning Matter against the holy and blessed Sacrament of the Altar or for the maintenance of the Anabaptists or other Books abolished by the King's Proclamation There shall be no Annotations or Preambles in Bibles or new Testaments in English the Bible shall not be read in English in any Church no Women c. to read the New Testament in English nothing shall be taught contrary to the Kings Injunctions and if any spiritual Person preach teach or maintain any thing contrary to the King's Instructions or Determinations made or to be made and shall thereof be convict he shall for his first Offence recant for his second abjure and bear a fagot for the third he shall be adjudged an Heretick and be burnt and loose all his Goods and Chattels In the 37. year cap. 17. The full Power and Autority he hath by being Supreme Head of the Church of England is To correct punish and repress all manner of Heresies Errors Vices Sins Abuses Idolatries Hypocrises and Superstitions sprung and growing within the same and to exercise all other manner of Jurisdiction called Ecclesiastical Jurisdiction Sect. 1. and Sect. 3. 'tis farther added To whom by Holy Scriptures all Authority and Power is wholly given to hear and determine all manner of Causes Ecclesiastical and to correct Vice and Sin whatsoever and to all such Persons as his Majesty shall appoint thereunto And so far is all this from deriving to himself and exercising any thing of the Priest-hood that he is totidem verbis declared and reputed only a Lay-Man in the first Section of that Chapter nor do any one of these Instances here produced amount to any more than to the defending and guarding by Laws Truth and punishing and repressing Errors whether in Doctrines or in Manners at least such as are so reputed by the Church and State § VIII 'T IS true and easily observable that just upon the assuming to himself the Title of the supreme Head of the Church there was ground enough for suspition that the Church her self and all her Power was to be laid aside and whereas the reason and end of every particular Parliament before and of each of his till then is still said to be for the honor of God and holy Church and for the Common-Weale and Profit of this Realm 't is abated and said only for the honor of God and for the Common-Weale and Profit of this Realm the benefit of holy Church is in words at least left out and in the room of it is once added to the conservation of the true Doctrine of Christ's Religion As if the design was according to the Models now adayes framed and endeavour'd by private Persons to be set up That the care was to be only of Doctrines in which and in charity and love and abatements to one another the Essence of Church-Unity in general and each Christian with another consists But yet however this so hapned or upon what design either in himself or others 't is certain he abridged not the Church-Men of any one Instance of that Secular worldly Power as that of the supremacie derived unto them is called 25
believe that every one that reads his Book is sworn to his Name and Words could possibly have produced them The Emperor only there takes care that Excommunication be according to the Church Canons suitably as Ecclesiastici hoc Canones fieri jubent in the Nomocanon the formal Power and Act is always supposed to be in and to be done by the Bishop or Priest if the Bishop or Presbyter Excommunicate otherwise than as the Canons enjoyn the Person so Excommunicated is to be absolved by another Bishop or Presbyter who has the inspection of them à Majore Sacerdote in the Novel and that Bishop or Presbyter that did the wrong is to be censured by the Bishop under whose Inspection or in whose district he is and lye under the Mulct at his Pleasure nor is there one word sounds that way that the Emperor did Excommunicate Nor can the Emperor with any more shew of reason be said to pass the formal Sentence of Excommunication by taking care and making Provision that it be done according to the Laws and Canons of the Church than he can be said to make Articles of Faith and determine in the high Points of the Trinity for which he appoints that the first Council at Nicea shall be the Rule and often enacts and resolves it shall be so explain'd and believed and professed accordingly as in that Council He may as well be said to make Creeds which he enjoyns to be done but by the Patriarchs and Bishops and the particular Faith to be professed by them or to Baptize for which Directions are given especially about Re-baptization and he judges him unfit for the Priesthood that does it Cod. Justinian l. 1. Tit. 6. Ne Baptismus iteretur he may no otherwise be said to Excommunicate than to obstruct Conversion or hinder Repentance and yet 't is the Imperial Edict against and Punishment upon Apostates Nè unquam in Pristinum statum revertentur nè flagitium morum obliterabitur Poenitentiâ Cod. 16. Theodos Tit. 6. l. 1. that they are never to return to their ancient state that the vileness of their Manners be never blotted out by Repentance intimating only the greatness of the Sin and the height of his indignation against them or that he did publickly officiate in his own Person in the daily Sacrifices because he takes care for a just Performance of the publick Liturgies and Services and when he declares against Oaths and Blasphemies that the guilt is not antecedent and from another Sanction Novel 78. and to put an end to these like instances that he Ordains in Person and makes Priests by whom so many Laws and Rules and Limitations and Qualifications are set and appointed as is above to be seen But as for this last instance Mr. Selden has found out so handsom an expedient for the Original of Holy Orders otherways and thereby renders them so accidentally trifling inconsiderable a thing that he answers his aim evacuates and baffles so effectually all Church-Power and indeed upon his Hypothesis so inconsiderable a thing it is that a Church-man would not desire it upon such terms much less is it a Prerogative fit for a King a Jewel for the embellishing the Crown Imperial so that he needs not contend to have this in the Magistrate as he doth the Church Censures He tells us De Synedriis lib. 1. cap. 14. pag. 569 570 571. and lib. 2. cap. 7. pag. 313 314 c. That Holy Orders has no more in it than an imitation of that particular School wherein St. Paul was educated under Gamaliel where it was usual for one that had arrived to a degree of Eminence above others as that of a Doctor to appoint and send out others under and after him And so St. Paul did in the managery of his Apostleship But did our Saviour also take this great Example of Gamaliel's School in his Eye when he sent forth his Twelve and Seventy or was it from his particular Education in some such place he took his Autority and Platform or did the Holy Ghost do the l●ke when placing Overseers in that Church which Christ had Purchased with his own Blood was not as the Purchase that of his own Blood so the Power by which he gathered and established it that All Power in Heaven and Earth first given unto him peculiar and extraordinary or did St. Paul himself say it was from Gamaliel's School or from the Will of any Man or from the Will of God he received his Apostleship himself and thereby had a Power to depute others as Timothy and Titus And surely unless his bare fiction of Story and Eutopian Plot must go for Truth and without any search and enquiry there can be nought in it to engage any assent or adherency unto it it is so precarious a begg'd thing that only those that deserve to be begg'd themselves can believe it and Mr. Selden doubtless pleased himself mightily to think how many fools it would meet with and he was sure of others of as ill a mind and design with himself to tread under foot the Ministry when it was down that it rise no more especially at that time when he wrote at least laid the contrivance of those his Tracts De Synedriis when the Sword of the Libertine alone bore rule and he took the advantage of it Nor has any one reason to believe that he bore better Will to the King than to the Church for he was a Member of that Rebellious Parliament of Forty Two and continued actually amidst them and bore a special sway in their Traiterous Actings and however his Pretence was That all Church-Power as from Christ was an Imposture and invading the Prerogative of the Crown it was in reality only to serve his Parliamentary Designs to take away the chief Support of the Crown that Church which mostly upheld it and 't was a sadder Sight yet to see it not only the usual fate of common Subjects but the Case of the greatest Prince then in Europe to be first stript of his Crown and Kingly Power to be made and publish'd a Bankrupt in the State lost as to his worldly Imployments and then made a Priest to have only the Power and Benefit of his Clergy remaining in and confirm'd unto him § XXIV THE sum of all is this The Empire it self never made any thing Law that related to the Church but what was first made Canon by the Church it self and those Powers always took their Direction from Church-men either in full Council or from the Practice of particular Churches or eminent Bishops of the Christian World and superadded their own Sanctions put under it their Secular Arm adjoyn'd their Autority to support and stablish them all those Directions to the several Patriarchs Exarchs Primates and Metropolitans were only to see their own Results at Councils practiced all the Edicts Laws Novels and Constitutions were first Church-Law and then the Law of the Empire receiv'd into the World and imbodied
Henry VIII cap. 21. in the outward Courts and Jurisdiction Ecclesiastical neither did he in his Practice either in his own Person or the Persons of Church-Men by a Plea of deriving the Power unto them from himself take upon him any thing essential to the Priest-hood as to determine in Matters of Faith decide Controversies to offiociate at the Altar to ordain c. even to appoint Laws and Canons for discipline or Proceedings in that Convocation called and continued by his Power but as there first debated and determined framed into a Rule and in presiding over whom his headship so much consisted § IX WEE 'L go on from King Henry VIII to King Edward VI. and in the first year of his Reign cap. 2. Sect. 3. we meet with a notable alteration made in Words and though no more yet may make a shew as if he assumed a farther new Power to himself as supreme head of the Church which King Henry VIII did not do before him and whereas the Arch-Bishops Bishops and other spiritual Persons do use to make and send out their Summons Citations and Process in their own Names and with their own Seals it is enacted That they be made and sent out in the Name and with the Seal of the King c. but this relating only to the Courts Ecclesiastical as in the Words of the Statute and by which the King is own'd the Supreme by the Clegy as 't is also in the Statute worded and acknowledged nor can any Arch-Bishop Bishop c. summon any of the King's Subjects to any Place without his leave and not enabled by him the King may authorize them in what form he please whether of that of the common-Common-Law or in any other as in that of Majors in Corporations or Vice-Chancellors in the University or Court-Leets which latter was the form and is by this Act abolished and the first brought into its room and upon what reasons soever this Act was laid and passed in King Edward's days or repealed by Queen Mary as to be sure the two Parties the Puritan and the Papist thought they served themselves and particular Designs in it it was never re-enforced by any succeeding Parliaments nor attempted that I have met with in the days of either Queen Elizabeth or King James or King Charles the first or second The Prince was not thought to loose or gain any thing as to his Autority in Spirituals which way soever it went nor the Bishops to have any Plea of inroding the Errors by so using it as they now do in their own Names and with their own Seals as by the male-contented and puritanical Party in the days of King Charles the first it was objected they did and they libelled and traduced for it but are sufficiently vindicated therein by the reverend Father in God Robert Sanderson late Lord Bishop of Lincoln in a Treatise called Episcopacy as established by the Laws in England not prejudicial to regal Power And even in this very Statute of Edward VI. the Bishops are to use their own Seals and Names in all faculties dispensations collations institutions inductions letters of Orders c. and in limiting which also to his own Name and Seal the King's supremacy had been equally asserted nay more concern'd because peculiarly enlarged if that the thing was aimed at for the granting Letters of Orders is what is purely hieratical and solely Episcopal seated in the highest Order of the Priest-hood a peculiar embellishment to the Crown and the Bishops by acting in the other Instances in their own Names and by their own Seals must have in as his high a degree invaded a most singular and choice Prerogative of the Prince the right of Investiture admission into Temporals Institution and Induction into Benefices are Acts purely worldly and secular and originally in the Crown could an Objection be framed from the particular Form either ways and such its Circumstances as indeed and really cannot be § X I come next to Queen Elizabeth where we shall find that as she reassumed the Supremacie in the first year of her Reign alienated by Queen Mary and this by Act of Parliament cap. 1. in which is the Oath of Supremacy to be taken as in that Act ordered and limited and because a great many Cavils were made and sinister malicious Constructions The Queen her self in that very Year endeavors to rescue her Subjects and disentangle them from all such Jealousies and among her Injunctions 1559 for Peace and Order in the Church and State there is an admonition to simple Men deceived by Malitious The Words are these which though many I 'le here transcribe and in effect but the same with those of the Convocation 1562. on the very same occasion The Queens Majesty being informed That in certain Places of the Realm sundry of her Native Subjects being call'd to Ecclesiastical Ministry of the Church be by sinister Perswasion and perverse construction induced to find some Scruple in the form of an Oath which by an Act of the late Parliament is prescribed to be required of divers Persons for the recognition of their Allegiance to her Majesty which certainly was never meant nor by any equity of Words or good Sense can be there from gather'd would that all her loving Subjects should understand that nothing was is or shall be meant or intended by the same Oath than was acknowledged to be due to the most noble King of famous Memory King Henry VIII her Majesties Father or King Edward the VI. her Majesties Brother And farther her Majesty forbiddeth all manner her Subjects to give ear and credit to such perverse and malicious Persons which most sinisterly and maliciously labour to notifie to her loving Subjects how by word of the said Oath it may be collected that the King and Queens Possessors of the Crown may challenge Autority and Power of Ministry of divine Service in the Church wherein her said Subjects be much abused by such evil disposed Persons for certainly her Majesty neither doth nor ever will challenge any Autority than that was challenged and lately used by the said noble Kings of famous Memory King Henry VIII and King Edward VI which is and was in Ancient time due to the Imperial Crown of this Realm that is under God to have the Soveraignty and Rule over all manner of Persons born within these her Realms Dominions and Countries of what Estate either Ecclesiastical or Temporal ever they be so as no other Foreign Power shall or ought to have any Superiority over them And if any Person that has conceived any other sense of the Form of the said Oath shall accept the same Oath with this interpretation sense or meaning her Majesty is well pleased to accept every such in that behalf as her good and obedient Subjects and shall acquit them of all manner of Penalties contemn'd in the said Act against such as shall peremptorily and obstinately refuse to take the same Oath And because this is
and because Erastus his Works were Licensed for the Press and Published by the Autority of the Kingdom in the Days of Queen Elizabeth and which would not have been done did not the same Autority receive and own and espouse and submit to his Doctrines and which are wholly levell'd against the Church-Power as independent and not derived from the Magistrate I 'le consider each § XIV THE Acts of Parliament he produces are V and VI Edw. VI. Cap. IV. That if any Person or Persons shall smite or lay any violent hands upon any other either in any Church or Church-yard or draw any Weapon then ipso facto every Person so offending shall be deem'd Excommunicate and be excluded from the Fellowship and Company of Christ's Congregation Sect. 2 3. and III James Cap. V. That every Popish Recusant that is or shall be Convict of Popish Recusancy shall stand and be reputed to all ends and purposes disabled as a Person Excommunicated by Sentence in the Ecclesiastical Court Which two Acts being put together by Mr. Selden De Syned lib. 1. c. 10. p. 320. as one and the same and suitably he backs that of King Edward with this of King James Simili modo ex latâ Lege c. 'T is all the reason in the World they should interpret one another Now King James says expresly That lawful and due Excommunication is when denounced and Excommunicated according to the Laws of this Realm That is by a Sentence in the Ecclesiastical Court and this by a Bishop or Presbyter in Queen Elizabeth's Injunctions by a Judge that hath Autority thereunto Article 33. and which to be sure in the Act it self being not done as by Law and by the acknowledged Laws of the Land in such the Statute the Parliament rendred uncapable of doing of it being not the Judges appointed Mr. Selden must in course be supposed so intolerably absurd in his Inference that the Secular Power Excommunicates that common sense is not able to endure him And the true intent and meaning of the Parliament can only be this That these Offenders though they be not Excommunicated and which the Parliament though the Higher Court of England have not Power to do being not Judges with Autority thereunto yet they shall have the usual Secular Punishments inflicted and which are usually laid upon such as are duly Excommunicated the imposing which is the Act of Parliament alone and which as they may remove so they may impose when they please without any respect to the Excommunication anteceding They shall be deemed as such So King Edward They shall stand and be reputed to all ends and purposes as such So King James The particular Punishment instanced in by King Edward is Exclusion from the Fellowship and Company of Christ's Congregation which indeed comes somewhat nearer to what always and immediately follows Excommunication it self in the first Institution and Primitive Practice Vt à Communione Orationis conventus omnis Sancti commercii relegetur Tertul. Apol. Cap. 39. where so much Power over Mens Persons is obtained as to be able to exclude them their Oratories and the Christians usually absented themselves and 't is agreeable with the Practice and Injunction Apostolical with such an one not to accompany 1 Cor. 5.11 but yet this is not of the first Nature and Essence of it because this may be where the Excommunication is not 't is supposeable to arise from a different Autority and Motive and so the Secular Arm if agreeable to its self it s own Power and Proceedings and in relation to which it is to be interpreted must be concluded to appoint and execute in this Statute and no otherwise As every Science so every Power is to be conceived of as on its own object and proper work and those Apostatizing dissenting Christians of old who laid this Punishment upon themselves and out of peevishness or whatever undue ground turn'd themselves out of Communion with the Church in her Prayers and Eucharist the Church proceeded notwithstanding to Excommunicate them her own censure as a Church-Act did judicially proceed against them See Can. 2. Conc. Antioch fusius suprà Cap. 4. Sect. 31. and since our Parliaments have so frequently declared the Practice and Inferences of the first Doctors and Holy Bishops from the Old and New Testament to be their rule in all their religious Proceedings they have so often hither limited and confined themselves every one of such their Proceedings must in course be interpreted in Subordination to and complyance with them they are not to be concluded where Words and Actions and things will bear any favourable Construction to run cross to and Head against them or if they do and no Friendly office can be done them and a better gloss is not to be put upon it 't is to be reputed as that particular Error from which they plead not an Exemption and the general Design will weigh down if coming in Competition But the Statute of King James instances in and confines to a Punishment that is not pleadable to be otherwise than Secular and Worldly nor can be interpreted of any immediate Spiritual consequence upon whom 't is inflicted The Punishment is to be disabled as to Suits at Law and which every Body knows the alone Laws of the Land and Power of Parliament can impose and which may be and is imposed upon sundry other occasions and not that of Excommunication only and so supposed in the Act. § XV WHAT he brings out of Edward VI. and Queen Elizabeth in their Acts for authorizing and making Law the Common-Prayer-Book ibid. p. 386. as ranked by themselves so are they of different Complexions nor does the Prince there attempt any thing but what as Supreme Governor in all Causes as well Ecclesiastical as Civil he is enabled to do as Mr. Selden there very well refers to such his Title for his Evidence that is to see that every one does his Duty in his Order and Station enabling and protecting him thereunto the Prince is thereby to be interpreted no more enabled by his own Power whether in his own Person or the Person of any other to discharge the Office of a Priest than he is supposed to have the Skill and Capacity of any Artist Mechanick or what other Tradesman whom he Empowers by his Letters Patents or any otherways in Law acquits or indemnifies in the managery and publick Profession of such his Art and Invention his Trade and Employment and no otherwise can the Bishops and other Ecclesiastical Officers be said there to be impower'd to proceed by censures against all such as will not come to Church II. III. Edw. VI. Cap. I. Sect. XII I Elizabethae Cap. II. Sect XVI nor do any of those many many instances which his usual intolerable Pains has heaped together in several Pages both before and after in that Chapter about the Prince or ●ecular Powers interposing limiting and restraining in Excommunications prove any thing at
Oath we make Princes the only supreme Governors of all Persons in all Causes as well spiritual as temporal utterly renouncing all foreign Jurisdictions Superiorities and Autorities upon which Words mark what an horrible Confusion of all Faith and Religion ensueth if Princes be the only Governors in Ecclesiastical Matters then in vain did the Holy Ghost appoint Pastors and Bishops to govern the Church if they be Supreme then they are superior to Christ himself and in effect Christ's Masters if in all Things and Causes spiritual than they may prescribe to the Priests and Bishops what to preach which way to worship and serve God how in what Form to minister the Sacraments and generally how Men shall be governed in Soul if all foreign Jurisdiction must be renounced then Christ and his Apostles because they were and are Forreigners have no Jurisdiction nor Autority over England But this is what only the ill Nature and Malice of our Adversaries would have us to believe and assert and give out to the World we do 't is what is and all along has been repell'd with scorn and indignation both by our Princes in their single Persons and in their Laws in Parliament and though some of our Divines have wished the Oath had been more cautiously Penn'd and think it lies more open to little obvious Inferences of this nature than it needs and which amuse the unwary less discerning Reader yet all own and defend it as to the substance and design and intent of it and which is throughly and sufficiently done by the learned Warden in this Treatise as appears by this Specimen or shorter account is now given of it and he that peruses the whole Treatise will find more and John Tillotson Doctor in Divinity and Dean of Canterbury is if not the only yet one professed conforming Divine in our Church that publickly from the both Pulpit and Press has given the Romanist so much ground really to believe we are such as they on purpose to abuse us and delude others give it out we are and complyes so far with their Objection and Calumny just now recited as by Philander drawn up against us gives so much of Force and Autority to it § XIX BISHOP Sanderson in his Treatise now mentioned has a different task from Bishop Bilson the one was to vindicate the Prince that he invades not the Church the other the Bishops or Church that from usurping on the Prince Bishop Sanderson among many other things urged by him and as his Subject requires is express in these Particulars pag. 121. That there is a supreme Ecclesiastical Power which by the Law of the Land is established and by the Doctrine of our Church acknowledged to be inherent in the Church pag. 23. That regal and Episcopal Power are two Powers of quite different kinds and such as considered purely in those things which are proper and assential to either have no mutual relation unto or dependance upon each other neither hath either of them to do with the other the one of them being purely spiritual and internal the other external and temporal albeit in regard of the Persons that are to exercise them or some accidental Circumstances appertaining to the exercise thereof it may happen the one to be some wayes helpful or prejudicial to the other pag. 41. that the derivation of any Power from God doth not necessarily infer the non-subjection of the Persons in whom that Power resideth to all other Men for doubtless the power that Fathers have over their Children Husbands over their Wives Masters over their Servants is from Heaven of God and not of Men yet are Parents Husbands Masters in the exercise of their several respective Powers subject to the Power Jurisdiction and Laws of their lawful Soveraigns pag. 44. The King doth not challenge to himself as belonging to him by virtue of his Supremacy Ecclesiastical the Power of ordaining Ministers excommunicating scandalous Offenders the power of Preaching adminstring Sacraments c. and yet doth the King by virtue of that Supremacy challenge a Power as belonging to him in the right of his Crown to make Laws concerning Preaching administring the Sacraments ordination of Ministers and other Acts belonging to the Function of a Priest pag. 69 70 71. it is the peculiar reason he gives in behalf of the Bishops for not using the King's Name in their Process c. in the Ecclesiastical Courts the occasion of the whole discourse and which cannot be given for the Judges of any other Courts from the different nature and kind of their several respective Jurisdictions which is That the Summons and other Proceedings and Acts in the Ecclesiastical Courts are for the most part in order to the Ecclesiastical Censures and Sentences of Excommunications c. the passing of which Sentences and others of the like kind being a part of the Power of the Keys which our Lord Jesus Christ thought sit to leave in the hands of the Apostles and their Successors and not in the hands of Lay-Men The Kings of England never challenged to belong to themselves but left the exercise of that Power entirely to the Bishops as the lawful Successors of the Apostles and Inheritors of their Power the regulating and ordering of that Power in sundry Circumstances concerning the outward exercise thereof in foro exteruo the Godly Kings of England have thought to belong unto them as in the Right of their Crown and have accordingly made Laws concerning the same even as they have done also concerning other Matters appertaining to Religion and the Worship of God but the substance of that Power and the Function thereof as they saw it altogether to be improper to their Office and Calling so they never pretended or laid any claim thereunto but on the contrary renounced all claim to any such Power or Autority And for Episcopacy it self the Bishop sets down his opinion in a Postscript to the Reader the words are these My opinion is That Episcopal Government is not to be derived merely from Apostolical Practice or Institution but that it is originally founded in the Person and Office of the Messiah our Blessed Lord Jesus Christ who being sent by his Heavenly Father to be The great Apostle Heb. 3.1 Bishop and Pastor 1 Pet. 2.25 of his Church and anointed to that Office immediately after his Baptism by John with Power and the Holy Ghost Acts 10.37 38. descending then upon him in a bodily shape Luk. 3.22 did afterwards before his Ascension into Heaven send and impower his holy Apostles giving them the Holy Ghost likewise as his Father had given him in like manner as his Father had before sent him Joh. 20.21 to exercise the same Apostolical Episcopal and Pastoral office for the Ordering and Governing of his Church until his coming again and so the same office to continue in them and their Successors unto the Worlds end Mat. 28.18.20 this I take to be so clear from these and other like Texts of
Publishing them and least of all to say no worse in urging them as the sense and judgment of our Reformers and not to be endured when in opposition to our received and established Church Articles Laws Rubricks and Book of Ordination which and which alone upon the full enquiry and debate each Proposal and Objection and which must be many answered and satisfaction given is to be concluded the sense of every particular Doctor and admit the Conference had been as Doctor Stillingfleet Mistook it appointed by King Edward and his Council and by Law in order to the Reformation and which was began in that King's days the Judgment of the Church of England was to have been reported not from the particular bandyings pro and con amongst them or the draught or draughts of any one or more men and which in their Season was useful nay necessary but from the joynt unanimous result of the whole and which we are sure as to that particular of Church-Power and its Subject ended and united in the Book of Ordination nor upon a general account can those Collections whether in the Cottonian or any Library be in any better repute among us than any other of all the Pamphlets Models of Church and State Government Attempts and Proposals the late unhappy Revolutions in our Kingdom gave occasion to and produced the Condition as to Religion being just such in King Henry VIII days as it was then and the Autorities an Hundred years hence if all shaked in a bag together will be much at one too every man contrived said proposed and wrote as his own either Fancy or Interest or Curiosity or sometimes Reason prompted and directed him and though they may make a Pleasant History with much of diversion yet little of the Sense and Autority of the Nation can be collected and urged from them I am now come to the last of Mr. Selden's § XXIV Friends and our supposed Adversaries those general Tracts De Primatu Regio de potestate Papae regiâ adversus Bellarminos Tortos Becanos Eudemon Joannes Suaresius c. mostly in the days of King James and which were wrote by Lancelot Bishop of Chichester John Collins and the Bishop of Rochester The two last I have not by me nor do I remember I ever saw nor is it of any concern whether I have Bishop Andrews either in order to the answering what is by Mr. Selden brought against him any one that has but heard of that once flourishing Prelate in this Church will easily grant him on our side and much more must he that has read and conversed with his Works find him so and indeed all that Mr. Selden brings out of him and the other two is really ours so far as he reports them to have asserted that the execution of all Ecclesiastical forensick Jurisdiction and by consquence that of Excommunication receives measures and is ruled by the King and his Laws as Head and Moderator and Governor of the Church and Realm and so it ought to be whereas with us the Prince and Realm is Christian and the Church-censures are backed and supported by his Penal Laws in course annexed to and following them the Prince cannot be supposed so void of foresight as to leave himself no Power of inspection in such Proceedings as thus to put his Power into another Man's hands and who is not accountable to him in the Execution Thus the King's Autority is capable of being used against himself and it must in course so happen to his best Subjects 't is that traiterous Position to be abhorr'd and 't is peculiarly provided that it be so and publickly too by the Laws of our Land in the Act for Vniformity of Publick Prayers and it is a great deal more horrible in Church-Affairs as more immediately entitling our Saviour therewith the great abhorrer of all and who we are sure renounced all Pleas in dividing and disposing in Seculars and did all the Power Bishops legally execute in this Kingdom or in others that are Christian belong to them as of Divine Right or was it any other ways so devolved and sixed upon them as thereby enabled in an Arbitrary way of Proceeding without the leave or against the Power of the King with no respect to the Laws and Customs of the Realm to put it in Execution the Bishop and the King thus Independent were also inconsistent any thing or person may and must be inroded and offer'd violence to when the Bishop will and the greatest worldly Punishments next under Capital whenever or upon what Grounds soever he is pleased to Excommunicate be necessarily inflicted this is Imperium cum Jove to erect an Empire within an Empire and no Governments thus divided and distributed can stand and I heartily wish such as upon these Considerations most readily detest it in the Bishop would make their Reflexions in other Persons and Cases also But if Mr. Selden mean as he must do if he continue on the design of his Book that Church-Power and Jurisdiction as such and coming from Christ naked and void of all outward Secular Additions and implies only the forfeiture as a Christian with no one worldly inconvenience no forfeitures of Personal outward Liberty or Estate that the execution and force of this depends on the Prince and Humane Pleasure to temperate restrain and abolish nor is it duly exercised other ways this is overthrown already throughout this Discourse and I 'le only add the Autority of Mr. Selden's mistaken Friend but our real one the great and most learned Bishop Andrews who all along in those very Pages to which Mr. Selden in his Margin refers asserts the quite contrary and the Power of the Prince and the Priest are declared by him two distinct things and not in Subordination he tells us how God instituted in Israel a Kingdom and a Church and which never coaluerunt in unum procul se habuit Imperium ab Ecclesiâ so came together by coalition as to make one but were still diverse and two things had different Works and Offices and thence concludes Conjungi debent Regnum Ecclesia confundi non debent they ought to be united but not confused together and he reckons up the several Offices and Duties of the Prince to take care of Religion in general to see that every Order do their Duties to reprove to correct and coerce in order to it Non licuisse tamen Davidi arcam contingere so Tortus objects upon him and to which he answers Nec regi quidem nostro licet nec ulli aut Sacra administrare aut attrectare quicquam quod potestatis sit mere Sacerdotalis ut sunt Leiturgiae conciones claves Sacramenta arcam figunt suo loco reges attingant post illi quos ea cura tangit ex suscepto munere Ministerii sui But it was not lawful for David to touch the Ark neither is it lawful for our King nor for any either to administer holy things
If the Jesuit do let him look to it Christianity is not in fault An entring into or renewing the Covenant at the Font or Altar is no Encroachment on the but Justice of Peace in the Neighborhood Sect. 43. Excommunication and other Censures change no Mans Condition as to this World they have no force but in relation to known Duties Prudence is to rule in the Execution particular regard to be had to Princes Whatever is Coercive annexed is from the Prince Lay-Judges Chancellors c. when first granted by the Empire upon the Bishops Petition The same is Absolution neither innovate in Civil Affairs Sect. 44. Conciliary Acts invade no more than does the Gospel it self That Canons have had the precedency of the Law is by the savour of Princes a Council without local meeting Letters Missive Sect. 45. Ordaining others no more prejudicial to the Crown than the former acts This is Mr. Hobbe's Misapprehension Sect. 46. CHAP. V. THe grand Objection out of Mr. Hobbes If these two Powers command the same Person at the same time inconsistent Performances it arises from that false Principle that all Power is outward Sect. 1. This infers equally against the Laws of God and which may and do sometimes thus interfere are as difficultly reconcileable with the State Acts. No Church Laws oblige against Natural Duty The Laws of Religion considered at large in order to a clearer Solution Sect. 2. Mr. Hobbe's Rule will Answer all Consider what is and what is not necessary to Eternal Salvation Sect. 3. The same is the Rule of the Ancient Fathers Sect. 4. If Mr. Hobbes his Faith and Obedience be all that is Necessary 't is then easily determined because to obey only the Soveraign Sect. 5. Dr. Tillotson his Sermon of Love and Peace to his Yorkshire Countreymen not to be Vindicated from being herein of Hobbe's Judgment in what he Dissents from him No Church-Power since Miracles ceased according to Mr. Dean Sect. 6. The Gospel calls for Confession and Obedience in Opposition to though not in Contempt of Princes to the hazard of all So the best Christians the worst of Hereticks only Simon Magus Basilides c. did otherwise Sect. 7. For a full Answer the Laws of Religion are to be ranked under Three general Heads They are Arbitrary and Humane Arbitrary and Divine Necessary and Divine Sect. 8. Laws Arbitrary and Humane though never losing their Sanction yet cease in some Cases in the Execution As when the Empire gave Indulgencies beside the Canon Sect. 9. The Civil Injunction does not immediately oblige the Christian in these Cases The Church has her own Power never to be yielded up Ceremonies not the main thing Sect. 10. Not to be changed with our Clothes That Worship which is best not to be foregone only to yield to what is always Necessary The Case of the Asiaticks about Easter Sect. 11. Especially in our Church of England Sect. 12. Least of all are our Mutinies and Factions our even weakness a Ground for Change Sect. 13. Laws Arbitrary and Divine cease in some instances as to Practice the Advantage of Afflictions A good Christian always a good Subject the Empire still gave Rules and Limits in the Exercise of these Positive Duties Sect. 14. To submit and cease as to particular Practice upon the lawful Command of the Magistrate is not the Case in Doctor Tillotson's Sermon to give up the Institution to him If commanding a false Worship I am to withstand him 'T is no Hypocrisie though I go not into immediately and there Preach the same in Spain Mr. Dean's unheard of Notion of Hypocrisie in what Case the Magistrate is serviceable to promote the Faith Sect. 15. The last sort of Laws both Necessary and Divine are never to cease in any one Instance or under what Circumstances soever either as to their Right or Practice I am never to do any one Immorality always to own and profess the Cross of my Saviour Sect. 16. The great Goodness of God in giving such a Subordination of Duties that the end of each may be answer'd in enjoyning nothing absolutely necessary to Heaven but what is in our Power that no Contingencies of this World can take from us our Eternity a Reward we can never miss of without our own Faults Sect. 17. CHAP. VI. The Contents The last general of the Discourse Sect. 1. What the Autority of our particular Church and Kingdom is in this Controversie where not Apostolical and Primitive there not obliging Their Doctrine Laws and Practice all along on our side Sect. 2. The People are only Testimonies of the Manners of such as are to be Ordained in our Book of Ordination Sect. 3. No Autority in any but those of the Priesthood to Ordain Excommunicate c. as in our Rubricks Articles c. Sect. 4. Our Kings claim'd it not in their Acts Declarations c. in the days of Henry VIII in the Act of Submission He is declared a Lay-man nothing in Religion made Law but by him He defends Religion His Power as the Supreme Governor of the Church Is called Worldly and Secular Sect. 5 6 7 8. Of King Edward VI. That the Bishops were to use not their own as formerly but his Name and Seal in their Processes c. implies no such thing Sect. 9. Of Queen Elizabeth King James Sect. 10 11. The King and Church distinct Powers in our Statute Book Our Kings now have but the same Power the Empire of old and their Predecessors before the Reformation had If our Religion be Parliamentary that anciently was Imperial Sect. 12. Mr. Selden says the Parliament of England both can and has actually Excommunicated and the Bishops Power is derived only from them Sect. 13. The Acts of Parliament he produces V. VI. Edw. VI. Cap. IV. III. Jacobi Cap. V. infer it not Sect. 14. Nor do those of II. III. Edw. VI. Cap. 1. Elizabethae Cap. II. that the Prince limits Excommunications in the Execution is not against the Divine Right of them His Instances in the Rump Parliament Geneva The Parliament of Scotland III. Jacob. VI. Cap. XLV are all against him Sect. 15. Archbishop Whitgift is not proved to have Licensed Erastus his Works for the Press that they were found in his Study is no Argument he was an Erastian if Licensed by the Autority of the Nation no Evidence that his Doctrines were then owned Sect. 16. Our own Doctors of the same Opinion with us instances in two of them Sect. 17. Bishop Bilson St. Ambrose one of Doctor Tillotson's Hypocrites A private Liberty of Conscience not enough a false Religion to be declared against though by Autority abetted Mr. Dean gives advantage to the Papists Calumny That our Religion is only that of our Prince Sect. 18. Bishop Sanderson his particular Judgment concerning the Divine Right of Episcopacy Sect. 19. Mr. Selden objects again that our own Doctors and Writers are all on the other side The particular Authors each reckon'd up He
perverts and abuses them all Sect. 20. The two Vniversities in their Opus Eximium c. in the Reign of Henry VIII 1534. altogether against him Sect. 21. Stephen Bishop of Winchester Orat. de vera Obedientia is of the same Mind and so is Richard Sampson Dean of the Chappel to Henry VIII in an Oration to this purpose Sect. 22. The Papers in the Cottonian Library seem the same with Dr. Stillingsleet's M. SS in his Irenicum Both he and Dr. Burnet unfaithful in the Printing of it Dr. Durell's account of it Archbishop Cranmer with the Bishops and Doctors engaged in our first Reformation were not Erastians from the account given of them in his Church History by Dr. Burnet Less Discretion in Printing such Papers nor is their Autority really to be any thing Sect. 23. Mr. Selden is shameless in quoting Bishop Andrews who determines all along against him Those Laws that Protect the Church must in course inspect their Actions The Bishop disswaded Grotius from Printing his Book De Imperio summarum Potestatum in Sacris Ha' y' any Work for a Cooper is indeed of Mr. Selden's side and the Lord Falkland His very ill Speech in the House of Commons 1641. His Pulpit Law and Derision of the Divine Right of Kings as well as of the Church He and such like Speech-makers Promoters of the late Rebellion affronts both to King and Priest design'd at once when the Crown is entitled to the Priesthood Sect. 24. Archbishop Bancroft Archbishop Whitgift and Bishop Bilson under the Suspition of Erastianism Accused as such by Robert Parker de Politeia Ecclesiastica a Malicious Schismatick made use of still against our Church by Dailee against Ignatius his Epistles by Doctor Stillingfleet in his Irenicum Our Bishops and Doctors are not against the Divine immutable Right of Bishops as Doctor Stillingfleet mistook out of Parker and reports them to be Satisfaction may justly be required of him for it Sect. 25. The Writings of the best Men how they may be mistaken as of Justin Martyr The first Council of Nice St. Jerome concerning Chastity and Episcopacy Bishop Cranmer and our first Reformers Bishop Whitgift Bancroft and Bilson The Point was at first only the Bishop of Rome's Supremacy A secular title only no Characteristical mark then betwixt the Protestant and Papist The Lay-Elders in their Consistory set up after this as Popes in his room These our Bishops warmth was exercised against whatever indiscretion in laying the Argument The Power of the Prince and the Priest are still contra-distinguished Kings are not Governors next and immediately under Christ as the Mediator The mistake of many in their Pulpit Prayer Our Kings and Church do not thence derive their Power nor so claim it in their Acts Statutes Declarations Articles c. in the forms of bidding Prayer by Queen Elizabeth and King James c. of ill consequence if they do Doctor Hammond's Autority Sect. 26. Particular Doctors not the Rule in Religion The several ways by which Error comes into the World Julian's Plot to destroy Christianity How Pelagius managed his Heresie by Rich and Potent Women by feigned Autorities of great Men. Liberius of Rome and Hosius comply with Arianism wearied with Persecutions Theodosius his Doctores Probabiles Cod. 16. Theodos Tit. 1. l. l. 2 3. A Catalogue of some Books Printed for Benj. Tooke at the Ship in St. Paul's Church-Yard Folio HErodoti Halicarnassei Historiarum Libri ix Gr. Lat. Suarez de Legibus ac Deo Legislatore Bishop Bramhall's Works Walsh's History of the Irish Remonstrance A Collection of all the Statutes of Ireland Wiseman's Chirurgical Treatises Baker's Chronicle of England with the Continuation Judge Winche's Book of Entries Skinneri Etymologieon Linguae Anglicanae M. T. Ciceronis Opera notis Gruteri cum Indicibus 2. Vol. Heylyn's Cosmography in Four Books Mathaei Paris Historia Bishop Sanderson's Sermons The Paralel or the New Specious Association an Old Rebellious Covenant A Vindication of the Loyal Abhorrers The Trials of the Lord Russell c. And of Algernon Sidney Braddon Speke John Hamden Esq Sir Sam. Bernardiston Titus Otes the Rioters at Guildhall Daniel's History of England with Trussell's Continuation Quarto A Brief Account of Ancient Church Government The true Widow a Comedy by T. Shadwell Dumoulin's Vindication of the Protestant Relegion Phocena or the Anatomy of a Porpess Wroe's Sermon at Preston Sept. 4. 1682. at the Funeral of Sir Roger Bradshaigh 1684. Allen's Sermon of Perjury Gregory's Works Dodwell of Schism Octavo Dodwell's two Letters of Advice Considerations of Concernment Reply to Mr. Baxter Discourse of One Priesthood and One Altar Descartes Metaphysicks English Evelyn of Navigation and Commerce Wetenhall of the Gifts and Offices in the Worship of God Catechism Langhornii Chronicon Regum Anglorum The French Gardiner The Country Parson's Advice Boyle's Noctiluca Dodwell's two Discourses against the Romanists 12 o. Aesopi Fabulae Gr. Lat. 12 o. The Author's distance from the Press has occasioned some Errors in the Printing especially in the Pointing which the Reader is desired to correct and the following Errata ERRATA PAg. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 21. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 83. l. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 109. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 191. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 262. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 267. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 268. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 277. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 288. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ibid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 304. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p. 378. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 pag. 43. in for ni p. 163. ausa for ausus put out non ibid. p. 181. line last Tit. 45. deest p. 253. conserisse for comperisse his for hi ibid. p. 258. Amoybeyms for Amoybeums p. 478. Dominum for Dominicam p. 500. Christiani for Christi pag. 28. une quarte to be put out p. 81. l. 12. Assent for assert p. 187. l. ult put out but to Princes something is more due then at other times p. 190. l. 8. put out which p. 231. l. 11. belief for unbelief p. 287. l. 18. Episcopale for Episcopate p. 380. l. 23. decided for derided p. 396. l. 6. so for to p. 440. l. 12. inroding the Errors for inroding the Crown p. 350. l. 18. titles for tithes OF THE SUBJECT OF Church Power In whom it Resides It s Force Extent and Execution that it Opposes not Civil Government in any one Instance of it The Introduction The Contents The Occasion
by him and their Religion was allow'd after their own manner again The meaning of which can be only this that the Laws of the Empire gave License and Indempnity to their Persons in the ancient and accustomed exercise of it and which they accepted and were thankful for But does it hence follow that they acknowledged and return'd their Original Right either for their Worship in general or Excommunication in particular in and to Caesar and that they ceased to have any because denied by the Empire surely not they only were more streightned in its exercise when under his interdict Nor had they less right or stood they less bound to its Obligations in every respect when this liberty was not conceded under their Vassalage and though the Empire own'd them not even at this very time i. e. during their Captivity Mr. Selden says they assumed this Discipline of Excommunication or a naked Exclusion from outward Communion by consent among themselves the better to keep up and preserve this their Religion when so suppress'd by the Civil Power Ibid. suprà Cap. 7. pag. 141. 143. alibi as they would not this day in England or in what other Countries they are dispersed therefore forego such their Right should the present Government distress and frown upon them Nor do I know any one case or instance coming up nearer to the state of the Power and Right of the Prince in Ecclesiasticks and the Right of the Church Absolute too and Independent than this of the Jews under the Empire their Religion is from another Fountain and the Empire does not derive it unto them and Gallio the Secular Deputy could discharge his Duty without caring for any of these things when the Matters were purely of their Laws and Customs but yet their Persons and the Publick exercise of it are subject to this Government and Jurisdiction to limit or enlarge indulge or recall as may be the Reasons and Motives and is his Will and Pleasure Thus it stood with the Jewish Church in the days of our Saviour in the Flesh and of his Apostles and so it is to this day where the Association or imbodying is continued nor did the Empire conceive its Power any ways intrenched upon or abated thereby did he cease upon the account of their Worship to continue to them his Protection or had they any ingagement to withdraw their Obedience only those uncircumcised in Hearts and Ears which always resisted the Holy Ghost and Crucified the Lord of Life sometimes attempted Insurrections and Rebellions against him BUT however it was with the Heathen § XXIII Emperors in respect of the Jews Mr. Selden positively says it that the Christian Emperors did actually exercise the censures of the Church judicially Anathematize and Excommunicate in their own Persons and Rights he having first swollen up himself with an Opinion and a true one too true it is that himself is the great Searcher of Records and Authors and Laws of the Books and Practice of all Ages and if the mighty the laborious Selden has said it it must be so there can be no doubt of there needs no other search after it otherwise he could never have ventur'd to obtrude it on the world as out of the Imperial Code that Princes have so Excommunicated whose Laws Declarations Practice Positive Assertions and Dogmatical Resolutions are quite another ways as I have already made it appear in these foregoing Pages which Collection and Citations if any one distrust let but himself peruse the particulars with much more that might be added out of the Nomocanon Church-story and Primitive Fathers concurring with and giving strength to such the Relations and the Grounds he delivers it from is such that a Man may swear 't was his bloated conceit of his Name at the Fount like gild to the Pills possessed with as aery a Phancy that any thing would down of his wrapping up in the following Pages could engage him to it I confess could any one have found such things out none likelier than he his Zeal and Industry being singular I wish his Integrity had been so too he seldom missing of any thing within the compass of his designed subject that may be any ways useful to his present Plot and Enquiry had he as little fail'd in his use and applying of them The places he produces for Evidence in his Treatise De Synedriis lib. 1. cap. 10. pag. 318. is out of the Sixteenth Code Theodosian Tit. 5. Lex 6. where Gratianus Valentinianus and Theodosius thus give the charge to Eutropius not Hesperius as he That all Hereticks especially such as oppose the Nicene Faith Ab omnium summoti Ecclesiarum limine penitus arceantur communione Sanctorum inhibentur c. with others to the same purpose in the following Laws both here and in the Justinian Code That Justinian oft in his own Name thus speaks Anathematizamus Anathematizentur sub Excommunicatione fiet c. and which are to be found Code lib. 1. That such be not suffer'd to come into the Church be inhibited the Communion of Saints we do anathematize them Let him be Anathematized let him be under Excommunication c. by which all that can be meant is only this and which is the Province of every good Christian Governor to see that the Laws of the Church be duly put in Execution that the royal Will and Pleasure is it should be so the Laws and Canons of the Church the Rule of Faith to be believed and adhered to requiring it and to which his Imperial concurrence is annexed which he confirms and strengthens by his Autority and will stand by in the Execution as 't is explain'd Novel 42. and that is to be his sense if the Codes may interpret themselves which is much more proper than for Selden to do it it being there most certain that the judicial Act was from the Church and Phrases must be interpreted according to the present Subject and designed Matter and no more is meant then that Prerogative which we see to have been given always to all Godly Princes in Holy Scripture by God himself that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restrain with the Sword the stubborn and evil doers as 't is expressed in our Seven and thirtieth Article and he himself confesses unawares in the next lines having a Quotation to bring in and cannot either omit it or tell where else to do it That they only simply judged them cursed of God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as in the Georgick Laws and that their design was they should be notabiles and marked out for it by whose act and judicial Sentence 't is not express'd And what he brings out of the Hundred and three and twentieth Novel cap. 11. and Photius his Nomocanon 9.9 to prove it the Act of the Empire is quite another thing and none but he arrived to that strange Presumption as to
Hereticks and of Men which in that Age taught and practised otherwise Simon Magus and his Sect 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He was receiv'd to be the Ring-leader of all Hereticks nor was there any thing so impure which he and his followers did not out-do them in as Eusebius tells us Hist Eccl. lib. 2. c. 14. and particularly he tells us lib. 4. c. 7. that these were the Tenents of Basilides 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that it is indifferent to eat what is offer'd to Idols and deny the Faith in the time of Persecution and suitably I find this account of them in Irenaeus That whatsoever they outwardly committed against the rules of the Gospel was no Sin that they were not saved by their just actions that there was no such thing as Martyrdom and by the Redemption it was so ordered that the Judge had no advantage over them Ed. Fenard Paris l. 1. c. 20. l. 4. c. 64 c. that they were in their own opinion of themselves 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Kingly Royal Priesthood and People in this sense because above all Laws and Rules of good living as St. Clemens Strom. 3. p. 438 439. Ed. Sylburg and no doubt but Mr. Hobs has been very well acquainted with these Men though he may pass for an Original with many of his Wel-wishers IT then appearing that Obedience is due § VIII from a Christian to both God and Man to his Church and his Prince and Religion and Loyalty are what he must Profess and Practice what is the case that the one may and must yield to the other in abate and be suspended for some time and in some distinct Acts and Offices and neither be violated be affronted or contemn'd in the true intent design and purpose of both I do now undertake to give Satisfaction and in order to which we are to range and limit the Laws of Religion under these three general Heads that the Duties in each Branch may the more particularly appear to whoso considers them 1. They are such as are Arbitrary in their Sanction and Enacting without any antecedent Necessity as to the particular instance and might have been these or other but are Humane only and Ecclesiastical constituted and limited by the Bishops and Governors of the Church in their Canons and Rules to that purpose and which together with the decency and aptness and usefulness of the things themselves renders obliging 2. They are such as are equally Arbitrary and without any foregoing Obligation as are the former the reason and force of which depends upon the choice and Autority of the Law-giver but here is the difference these Laws are Divine their Author and Institutor is Christ or such as were immediately inspir'd miraculously and in an extraordinary manner commissioned by him in order to this very thing Such are the Sacraments c. and which might have been other than they now are had he pleased 3. They are such as are no ways Arbitrary in the instance but follow necessarily and naturally upon the supposal and reception of Religion and this whether the Religion be that of Nature immediately flowing from our Natural Relations and dependency to and upon God and one another such are all the Acts of Natural Religion as Faith and Relyance upon God Prayer and Praises and Thanksgivings to him an Imitation and Copying out of his Purity and Holiness Love and Faith and Justice being tender-hearted and affectionate to one another with more of the like nature and to which all Mankind is oblig'd immutably and for ever not by any positive-superadded Law or Injunction but by the force and necessary results of his Creation connate and congenious with mans being and subsistency and the first Notions of Religion Man must fall from his Orb cease his own proper instincts and operations without them or whether the Religion be founded in the Offices of Christ to which he was since deputed of the Father upon Earth as a King Prophet and Priest in order to Man's Redemption and is in part now executed in Heaven to govern teach satisfie and intercede for him and which implies and includes in the first design and purpose whatever Duty and Service is Natural as above and its farther distinct Acts and Obligations are that this Saviour and Redeemer be believed in inwardly and from the Heart and suitably be obey'd and submitted to as is required of us by him and this to be publickly own●d and confessed in each of his Offices even on the Cross it self when in the greatest hazards when call'd before Kings for his Name sake and this so immediately and indispensably every Christian's Duty that not only his Honour and Advantage is placed in it but he must cease to be a Christian without it and his Saviour will not upon others terms own him before his Father which is in Heaven the Religion cannot be where it is not we cannot suppose a Saviour to come in that Nature into the World so to dye and live for us upon other terms 't is all connate with the being and offices of a Redeemer I 'le consider them each in their order 1. THE Laws of Religion are Church § IX Laws Determinations of what are in themselves indifferent so order'd in the course of things as to be the Subject of Laws Ecclesiastical for the present Power to enact and repeal limit or enlarge suspend or execute as occasion and circumstances direct and urge and tend to the more decent and uniform apt and suitable Performance of what is in an higher order of Duty and farther degree of Necessity and to which there is no antecedent fixed Rule given nor can the most Lesbian rule of what Latitude or how comprehensive soever be so at once contrived and made upon the greatest foresight of the Law-giver as to be so fitted for and answer each Case that offers or Circumstance that may happen to fall in of it self and comply with the present accident and then if no present Power to oblige and over-rule only disorder and confusion in the Church will be the consequent Now these Laws though in themselves obliging and each Christian as a Member of that Society stands immediately engag'd unto them nor can any other Foreign Power repeal or null them as to their Sanction yet there may be there is to be a Cessation as to Practice under some Cases and Circumstances and the particular local Performance may be superseded at present or suspended for the future nor do the terms for Heaven consist in the forbearance or shut out of the Church-Society because of it little Accidents and Contingencies not to be foreseen nor prevented will oft obstruct and become lawful Impediments and much more where the Civil Power comes thwarting upon us and renders Church Laws impracticable a Secular inhibition upon Penalties and Inconveniencies which tend to the greater Damage of our common Christianity if incurr'd and to the silencing and abating from Duties of a higher concern
has not made that the immutable term of Man's Salvation but what is in his own Power and of which if he fails 't is his own perverse will and choice that is debauch'd and betrays him to it the Carved works of the Temple may be beaten down the Church-Discipline be weakned and her Laws and Rules for Holiness become of less force her Towers and Bulwarks be taken away and the Secular Protection be withdrawn I may have neither tongue to speak nor hands to lift up in prayer nor feet to walk to the House of God there may be no Houses of God in our Land the Tyrant may pull out or cut off the one or pull down the other the daily Sacrifice my cease and the Priest-hood too as to particular Persons and when we say where Episcopal Power is not there is no Church we do not so mean that where it is not Men cannot go to Heaven these all may be supplyed by an upright heart and due intentions God accepts of a Man according to what he hath and not according to what he hath not The Sacraments are only generally necessary to Salvation and so of other duties in the same Order of Sanction God does not oblige us to the Tyranny of Impossible Commands to climb up to Heaven and go down into the Deep and fetch thence our Eternity ask of us ten thousand Rams or a thousand of Rivers of Oyl or those Cattel upon a thousand Hills for a Sacrifice 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as St. Clement argues to the Gentiles 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 't is our own Lust not others we are to answer for if not Subdued and Conquered he does not bind us to go to Heaven when we have no Legs Move without Faculties Act without Strength Live when Dead Men and with Paralytick Joynts Enfeebled by Irrecoverable Weakness to work out our own Salvation every Brick-bat will then make an Altar and Prayers are to be made every where with Holy Hands lift up or but Devout Hearts without Wrath and without Doubting nor is it by Subduing Kings and Conquering Worldly Powers we are to go to Heaven Faith Love Dependence upon God c. are among those acts of the Soul usually called Elicitae whose Practice depends on no outward Faculty and if some Virtues equally indispensable are otherways seated and among those Acts call'd Imperatae and to be perform'd by the outward Organs of the Body yet are they equally free from outward Force so seated in each ones Self and lodg'd in his Person that no Violence but from a Man 's own self can reach them those the only Enemies that are of his own House and 't is every ones own hand that draws his Sword and makes him a Rebel his alone Adulterous Eyes and Heart Promote and Actuate whatever of uncleanness is from him and 't is neither Person nor Object nor Quality any thing that comes cross or is of force from within or without himself whether Devil or Tyrant or Lust any one accident or contingency that can either dismember him from the Church or disunite him from his God deprive him of sufficient Means here or Eternal Life hereafter even the Tyrannies and Deaths here will but Advance the Crown and these lighter Afflictions work for us that more Eternal Weight of Glory and which Considerations are to be the great Support and Comfort of all Christians Should it so happen in the courses of Providence and Kings and Queens cease to be Nursing Fathers and Mothers unto us Should a Nero or a Domitian a Parliament of forty two a Cromwel or a Committee of Safety or what Association soever be set up against and Tyrannize over us plane volumus pati verùm eo modo quo Bellum miles nemo quippe libens Bellum patitur cum et trepidari periclitari necesse sit tamen praeliatur omnibus viribus et vincens in praelio gaudet qui de praelio querebatur quia Gloriam consequitur praedam they are the words of Tertullian Apol. c. 5. to those Scoffers of the Heathens in his days and whom Julian the Apostate after imitated telling the Christians Afflictions was their Advantage and to be Loved by them because their Martyrdom and Crown We must willingly suffer and engage as the Souldier does in War and 't is the expectation of Victory and that recompence of Reward makes us fight on and Rejoyce under that Banner which otherwise the present Difficulties and Dangers working on our fears would engage us to avoid and run from 't was the constancy and evenness of the Christians for the Truth and in Gods Service 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 together with their Gravity Sincerity their Freedom and Modesty of Conversation gain'd upon their Enemies both Greeks and Barbarians and silenced their baser Slanders and Calumnies against them thus together with the learned discourses and endeavours by Writing and which were not few the Church grew and multiplied as Eusebius tells us Hist l. 4. c. 7. These the Weapons of a Christian Warfare and the many Shields of the Mighty these the Spoyls and Trophies they contended for I know not how in fitter words to conclude this Chapter than in those of our Noble Historian Eusebius in his Preface to his fifth Book of his Church History giving an account of those many and Eminent Martyrs in the days of Antoninus Verus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. Others making Historical Narrations have delivered in their Writings Victories in War and Trophies over their Enemies the great Actions of Captains and the Valour of Souldiers that had stained their hands in Blood and a thousand Battels for their Children their Country and their Fortunes but the History or the Narrative of the Divine Common-wealth and Enrollment which is of Heaven writes on Eternal Pillars those Peace Designing Battels in order to the Peace of the Soul or that are Spiritual Those that fight in these Battels for Truth rather than their Country for Religion rather than their Children The constancy of the Contenders for Piety and their Fortitude in their manifold Sufferings their Trophies against Devils and Victories obtain'd against the Invisible Powers or Enemies making publick their Crown for an Everlasting Remembrance CHAP. VI. Chap. 6. The Contents The last general of the Discourse Sect. 1. What the Autority of our particular Church and Kingdom is in this Controversie where not Apostolical and Primitive there not obliging Their Doctrine Laws and Practice all along on our side Sect. 2. The People are only Testimonies of the Manners of such as are to be Ordained in our Book of Ordination Sect. 3. No Autority in any but those of the Priesthood to Ordain Excommunicate c. as in our Rubricks Articles c. Sect. 4. Our Kings claim'd it not in their Acts Declarations c. in the days of Henry VIII in the Act of Submission He is declared a Lay-man nothing in Religion made Law but by him He defends Religion His
Power as the Supreme Governor of the Church Is called Worldly and Secular Sect. 5 6 7 8. Of King Edward VI. That the Bishops were to use not their own as formerly but his Name and Seal in their Processes c. implies no such thing Sect. 9. Of Queen Elizabeth King James Sect. 10 11. The King and Church distinct Powers in our Statute Book Our Kings now have but the same Power the Empire of old and their Predecessors before the Reformation had If our Religion be Parliamentary that anciently was Imperial Sect. 12. Mr. Selden says the Parliament of England both can and has actually Excommunicated and the Bishops Power is derived only from them Sect. 13. The Acts of Parliament he produces V. VI. Edw. VI. Cap. IV. III. Jacobi Cap. V. infer it not Sect. 14. Nor do those of II. III. Edw. VI. Cap. 1. Elizabethae Cap. II. that the Prince limits Excommunications in the Execution is not against the Divine Right of them His Instances in the Rump Parliament Geneva The Parliament of Scotland III. Jacob. VI. Cap. XLV are all against him Sect. 15. Archbishop Whitgift is not proved to have Licensed Erastus his Works for the Press that they were found in his Study is no Argument he was an Erastian if Licensed by the Autority of the Nation no Evidence that his Doctrines were then owned Sect. 16. Our own Doctors of the same Opinion with us instances in two of them Sect. 17. Bishop Bilson St. Ambrose one of Doctor Tillotson's Hypocrites A private Liberty of Conscience not enough a false Religion to be declared against though by Autority abetted Mr. Dean gives advantage to the Papists Calumny That our Religion is only that of our Prince Sect. 18. Bishop Sanderson his particular Judgment concerning the Divine Right of Episcopacy Sect. 19. Mr. Selden objects again that our own Doctors and Writers are all on the other side The particular Authors each reckon'd up He perverts and abuses them all Sect. 20. The two Vniversities in their Opus Eximium c. in the Reign of Henry VIII 1534. altogether against him Sect. 21. Stephen Bishop of Winchester Orat. de vera Obedientia is of the same Mind and so is Richard Sampson Dean of the Chappel to Henry VIII in an Oration to this purpose Sect. 22. The Papers in the Cottonian Library seems the same with Dr. Stillingfleet's M. SS in his Irenicum Both he and Dr. Burnet unfaithful in the Printing of it Dr. Durell's account of it Archbishop Cranmer with the Bishops and Doctors engaged in our first Reformation were not Erastians from the account given of them in his Church History by Dr. Burnet Less Discretion in Printing such Papers nor is their Autority really to be any thing Sect. 23. Mr. Selden is shameless in quoting Bishop Andrews who determines all along against him Those Laws that Protect the Church must in course inspect their Actions The Bishop disswaded Grotius from Printing his Book De Imperio summarum Potestatum in Sacris Ha' y' any Work for a Cooper is indeed of Mr. Selden's side and the Lord Falkland His very ill Speech in the House of Commons 1641. His Pulpit Law and Decision of the Divine Right of Kings as well as of the Church He and such like Speech-makers Promoters of the late Rebellion affronts both to King and Priest design'd at once when the Crown is entitled to the Priesthood Sect. 24. Archbishop Bancroft Archbishop Whitgift and Bishop Bilson under the Suspition of Erastianism Accused as such by Robert Parker de Politeia Ecclesiastica a Malicious Schismatick made use of still against our Church by Dailee against Ignatius his Epistles by Doctor Stillingfleet in his Irenicum Our Bishops and Doctors are not against the Divine immutable Right of Bishops as Doctor Stillingfleet mistook out of Parker and reports them to be Satisfaction may justly be required of him for it Sect. 25. The Writings of the best Men how they may be mistaken as of Justin Martyr The first Council of Nice St. Jerome concerning Chastity and Episcopacy Bishop Cranmer and our first Reformers Bishop Whitgift Bancroft and Bilson The Point was at first only the Bishop of Rome's Supremacy A secular title only no Characteristical mark then betwixt the Protestant and Papist The Lay-Elders in their Consistory set up after this as Popes in his room These our Bishops warmth was exercised against whatever indiscretion in laying the Argument The Power of the Prince and the Priest are still contra-distinguished Kings are not Governors next and immediately under Christ as the Mediator The mistake of many in their Pulpit Prayer Our Kings and Church do not thence derive their Power nor so claim it in their Acts Statutes Declarations Articles c. in the forms of bidding Prayer by Queen Elizabeth and King James c. of ill consequence if they do Doctor Hammond's Autority Sect. 26. Particular Doctors not the Rule in Religion The several ways by which Error comes into the World Julian's Plot to destroy Christianity How Pelagius managed his Heresie by Rich and Potent Women by feigned Autorities of great Men. Liberius of Rome and Hosius comply with Arianism wearied with Persecutions Theodosius his Doctores Probabiles Cod. 16. Theodos Tit. 1. l. l. 2 3. THE last general of this Discourse now § I follows and I am to shew that what hath hitherto been said concerning Church Power as a Specifick and distinct from any thing in either the People or the Crown is agreeable with the particular Establishments by the Laws of our Kingdom made for the owning and defence of Christianity and by consequence with the Religion it self so own'd and professed in our Church since the Reformation AN undertaking I do not therefore engage § II in as if these Doctrines of our common Christianity receiv'd from the beginning and devolv'd all along downward in the first Ages as is already shew'd could obtain further Autority or expected an after Sanction and Establishment from us and e're fully assented to and received wanted force and obligation was to be abated of or abolished where not according to our particular ordering model and constitution framed and drawn up autorized and made publick Fifteen hundred years after this is absurd in the Proposal and must be worse in the Practice it runs as it ought to do contrary to our selves to the Plot and Design of this our Church in each of her Collections Articles Injunctions Canons Constitutions and Homilies appointed to be read in the Churches in the time of Q. Elizabeth And altogether to our purpose are the Homilies composed by the Bishops limiting Church-Power to the Priesthood and apparently distinguishing betwixt the Autority and Laws of the Church and State assigning different Ends and Effects unto each Part 2. Of the Sermon of Good Works This arrogancy God detested that Man should so advance his Laws to make them equal with God's Laws wherein the true honouring and worshipping of God standeth and to make his
Constitutiones Ecclesiasticae 1597. ut homines idonei ad sacros ordines admittantur IT were needless Pains to insist on and § IV shew the particular judgment of our Church Whether this Power be in her Pastors alone exclusive to as the People so the Prince also the Rubricks in the Common-Prayer Book suppose and farther invest all Offices there in the Hieratical Order what ever relate to the Divine Worship and Service and which are by them alone to be perform'd the Prjest is still distinguished from the People or Laity nor is the Prince there considered but as of the Laity in attendance in Common with the other Worshippers and to be sure in the Book of Ordination 't is the Bishop lays on Hands and Consecrates he the origin and head of all Power derived whether to Bishop Presbyter or Deacon and in what degree soever of Power it is that is given That Person which by open denunciation of the Church is rightly cut off from the Vnity of the Church and excommunicate ought to be taken of the whole multitude of the Faithful as an Heathen and Publican until he be openly reconciled by Penance and received into the Church by a Judg that hath Autority thereunto as among the Articles of Religion 1562. Article 33. and this Judg is neither Chancellor Official nor Commissary c. but a Bishop or Presbyter the Arch-Deacon cannot do it if not a Presbyter and but in Deacon's Orders in these alone is the Power of both retaining and absolving in the Articuli pro clero 1584. and the libri quorundam Canonum c. and in the constitutiones Ecclesiasticae 1597. and all set out by Queen Elizabeth he that would once for all be satisfied what is the sense of our Church let him but once read over our seven and thirthieth Article of Religion together with the occasion of it and he must be convinced that her Judgment is on our side however 't is received whether as Orthodox or Erroneous by him Among other Articles agreed upon by the Bishops and other learned Godly Men in the Convocation held at London 1552. this was one The King of England is supreme Head in Earth next under Christ of the Church of England and Ireland Many bad Inferences were made and sinister Consequences affixed and particularly that the King was declared a Priest impower'd to administer in Divine Service In the Reign of Queen Elizabeth 1561. and till which time during the Reign of Queen Mary the Objection to be sure had been urged sufficiently and improved a Convocation being called and Articles agreed upon by the Arch-Bishops and Bishops of both Provinces and the whole Clergy in the 37th Article and in answer to the Objection they more fully explain themselves in these Words and declare The Queens Majesty hath the chief Power in this Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all Causes do appertain and is not nor ought not to be subject to any foreign Jurisdiction Where we attribute to the Queens Majesty the chief Government by which Titles we understand the Minds of some dangerous Folk to be offended We give not our Princes the ministring either of God's Word or of the Sacraments the which thing the Injunctions also lately set forth by Elizabeth our Queen do most plainly testifie but that only Prerogative which we see to have been given always to all Godly Princes in holy Scripture by God himself that is that they should rule all Estates and Degrees committed to their Charge by God whether they be Ecclesiastical or Temporal and restraining with the Civil Sword the stubborn and Evil doers AND this is all is laid claim to by our § V Princes themselves and that the Statute-book or any other claim of theirs entitles to and invests them withal in the late collection of Articles Canons c. made by Anthony Sparrow now Lord Bishop of Norwich I meet with nothing done by King Henry VIII save what is mentioned by King Edward VI. in the entrance to his Injunctions 1547. and which are there transcribed with his own additions the design and end of which is only to procure publick and general obedience to the Laws and Duties of true Religion and that every Man truely observe them as they will avoid his Displeasure and Penalties annexed All that Henry VIII got by the submission of the Clergy in the five and twentieth year of his reign cap. 19. was this as there set down in the Statute That the Clergy would not for the time to come assemble in convocation without the King 's Writ That they would not enact promulge or execute any new Canons Constitutions Ordinance provincial or other or by whatsoever Name they shall be called in Convocation unless the King 's Royal license be had his Assent and Consent in that behalf That all Canons Constitutions before made prejudicial to the King's Prerogative Royal repugnant to the Laws and Statutes of this Realm or overmuch onerous to the Subject be abrogated and of no value all other standing in their full strength and power the King's Assent first had unto them The meaning of all which appears only to be this That nothing relating to Church-Affairs and Proceedings is to be made Law or to be proceeded for or against in any outward Court whatever in a forensick judicial way but by the leave and autority of the King without his Royal Assent first had and his hand set to it And this is that Title of the supreme Head of the Church of England which he hereupon assum'd to himself and which some little time afterwards confirm'd to him in full Parliament his Heirs and Successors the Power of the Church it self is not at all abated as purely such and from our Saviour only brought to a dependency upon the King which before was upon the Bishop of Rome and who had exercised here that headship and still claims it § VI AND that this was really all the King then aim'd at by the submission of the Clergy viz a Right and Supremacie of Inspection over all Persons in all Causes within his Realms and Dominions and that no Pleas of Religion or the service of Christ is to exempt them from the judicial Cognizance and Jurisdiction of their Prince this will appear more plain and evident by the several Proceedings and Acts concerning Church-Affairs made by this King in that 19 cap. and five and twentieth year of his Reign where the submission of the Clergy is turned into an Act and in the several Acts ensuing in all which it does not appear that he ever assumed to himself and exercised any other than such like external Power and Autority in spiritual Matters he intermedles not with any one Instance of Priestly Power as purely such but on the contrary cautions with Clauses and Preventions lest any such thing should be or be supposeable so
in Bishop Bilson Cap. 9. pag. 113. As for Excommunication if you take it for removing the unruly from the Civil Society of the Faithful until they conform themselves to a more Christian sort of life this he takes to be the Power of a Christian Magistrate and he goes on and says I am not averse that the whole Church where he is wanting did and should concur in that action for thereby the sooner when all the Multitude joyn with the Pastor in one Mind to renounce all manner of conversing with such will the Parties be reduced to a better mind to see themselves rejected and exiled from all company but 't is the Pastors charge only to deliver or deny the Sacraments Pag. 114.147 but otherwise Lay-men that are no Magistrates may not challenge to intermeddle with the Pastors Function or over-rule them in their own Charge without manifest and violent intrusion on other mens Callings without the Word and Will of Christ who gave his Apostle the Holy Ghost to remit and retain Sins And so expresly again p. 149. If you joyn not Lay-Elders in those Sacred and Sacerdotal Actions with Pastors but make them Overseers and Moderators of those things which Pastors do this Power belongeth exactly to Christian Magistrates to see that Pastors do their Duty exactly according to the Will of Christ and not to abuse their Power to annoy his Church or the Members thereof neither is the case alike betwixt Pastors and Lay-Elders Pastors have their Power and Function distinguished from Princes by God himself insomuch that it were more than Presumption for Princes to execute those actions by themselves or by their Substitutes To Preach Baptize retain Sins impose Hands Princes have no Power the Prince of Princes even the Son of God hath severed it from their Callings and committed it to his Apostles and they by imposition of hands derived it to their Successors but to cause these actions to be orderly done according to Christ's Commandment and to prevent and redress abuses in the doers this is all that is left for Lay-Elders and this is all that we reserve for the Christian Magistrate and that no other Church-Power was then thought by any to belong to the Prince he was not at all considered as its Subject there was no such thing as a pretence then on foot 't is most plain Cap. 9. pag. 108. and among the many Conceits about the Power of the Keys and Subject this never entred into the heart o● any his words are these The Power of the Keys and right to impose Hands I mean to ordain Ministers and to Excommunicate Sinners are more controverted than the other two the Word and Sacraments and which were never questioned by reason that diverse Men have diverse Conceits of them some fasten them on the liking of the Multitude which they call the Church others commit them to the judgment of certain chosen Persons as well of the Laiety as of the Clergy whom they call the Presbytery Some attribute only but equally to all Pastors and Preachers and some especially reserve them to Men of the greatest gifts ripest years and highest calling among the Clergy But there 's none mentioned that they are in the Prince 'T is I know the usual Expression in the Pulpit Prayer and the King is placed next under Christ in these His Majestie 's Realms and Dominions and which as that Prayer it self has no good bottom that ever I could meet with for such the use of it a meer Arbitrary customary thing where did God ever make Christ his Deputy and the King Christ's as to the worldly Powers and Secular things of this life his Commission to our Saviour ran quite contrary and nothing less can be gathered from it this is to found right of Dominion in Grace with a Witness our Kings did not receive or rather reassume it upon these terms nor do they since acknowledge it as so derived King Henry VIII did not and there 's no such thing in any one Act or Statute in his days Doctor Burnet indeed in his Collection of Records gives us two instances wherein the Title of Supreme Head under Christ of the Church of England Supremum Ecclesiae Anglicanae sub Christo Caput The one in the Injunctions to the Clergy made by Cromwel Pag. 178. Num. 12. the other in the Commission by which Bonner held his Bishoprick of the King Pag. 184. Num. 14. but in his Addenda Pag. 305. Num. 1. in the Preamble to Articles about Religion set out by the Convocation and Published by the King's Autority 't is only and in Earth Supreme Head of the Church of England and which is of more Autority than the other because in Convocation It is once or twice used by King Edward before his Injunctions Articles c. and sometimes lest out but no mention of it but never used by Queen Elizabeth in any of hers or in her Proclamations nor is it commanded in her Form of bidding of Prayer nor in the Canons or Form of bidding Prayer in the days of King James 't is neither in the Oath of Supremacy or Allegiance and which is to be seen in the account we have of them by Anthony Sparrow now Lord Bishop of Norwich in his Collection of Canons Articles Injunctions c. and our Seven and thirtieth Article of Religion gives the Queens Majesty that only Prerogative was given all Godly Princes by God himself in Holy Scriptures that which had the Kings of Israel and Judah that which had the Kings of the Gentiles the King of Nineveh in the Prophecy of Jonah and which is an instance I find given by our Divines of the preceding Power in other Princes we contend for and have determined to be in ours and with which if the Prince be not invested he has no Government over his People a great part always will and all may when they will exempt their Persons and Actions from his cognizance and inspection upon pretence of their Faith and Religion but there is not a word of any one Derivation as from Christ nor as the Mediator doth he can he bestow any such Power upon them or are Kings thus under him or any ways then as Members of his Body and as Christians they are to submit to and receive his Laws in order to Heaven and these Laws are to be their Rule in their Government upon Earth which they are to obey and protect which indeed supports and exalts them as Righteousness does a Nation but 't is in and by that Autority they were invested in before Christ and they were indeed in a feeble piteous Case if no other Power to rule with than what the crucifyed Jesus can give them whose Kingdom was not of this World nor did he manage any thing by the Powers of it I know it is the least of the Designs of such that still use this Expression in their Prayers and Discourses and they have great Examples for it and of