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
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
more private her Majesty declares in Parliament this very same thing in her first year Cap. 1. Sect. 14. Provided also that the Oath expressed in the said Act made in the first year shall be taken and expounded in such Form as is set forth in an Admonition annexed to the Queens Majesties Injunctions Published in the first year of her Majesties Reign that is to say To confess and acknowledge in her Majesty her Heirs and Successors none other Autority than that was challenged and lately used by the noble King Henry VIII and King Edward the VI. as in the said Admonition more plainly may appear § XI KING James who is next comes up to the same Point and in his Proclamation before the Articles of Religion thus declares That We are the Supreme Governor of the Church of England and if any difference arise about the external Polity concerning Injunctions Canons or other Constitutions whatsoever thereunto belonging the Clergy in their Convocation is to order and settle them having first obtained leave under Our Broad Seal so to do We approving their said Ordinances and Constitutions provided that none be made contrary to the Laws and Customs of this Land That out of Our Princely Duty and Care the Churchmen may do the Work that is proper for them the Bishops and Clergy from time to time in Convocation have leave to do what is necessary to the settling the Doctrine and Discipline of this Church SO that I think no more need be said to § XII satisfie any reasonable Person that the King and the Church are two distinct Powers in the sense of the Statute Book or in Parliament Language nor do our Kings interpose in Religious Matters any otherways than to make Religion Law what the Church in Convocation determines and recommends as the Tradition of Faith as agreeing to the Holy Scriptures and the Collections of the Ancient Fathers and Holy Bishops therefrom and to the guarding it with Penalties to be inflicted on such as oppose and violate it just as the first Christian Emperors did Nor can our Religion since the Reformation be any otherwaies called a Parliament Religion then it might have been called so before where the same Secular Power is equally extended and executed as in case of the Lollards certain supposed Hereticks Subverting the Christian Faith the Law of God and the Church and Realm to the extirpating of them and taking care that they be punished by the Ordinaries II. Henry V. Cap. VIII and so before IV. Henry IV. Cap. XV. where the Laws are these None shall Preach without the License of the Diocesane of the same place None shall Preach or Write any Book contrary to the Catholick Faith or the Determination of the Holy Church None shall make any Conventicles of such Sects and wicked Doctrines nor shall favour such Preachers Every Ordinary may Convent before him and Imprison any Person suspected of Heresie An obstinate Heretick shall be burnt before the People And VI. Richard II. Cap. V. Commissions are directed to Sheriffs and others to apprehend such as be certified by the Prelates to be Preachers of Heresies their Fautors Maintainers and Abettors and to hold them in strong Prison until they justifie themselves according to the Laws of Holy Church And which is more remarkable in the II. and III. of this King Cap. VI. the choice or Pope Vrban is made Law and confirmed in Parliament and 't is by them Commanded that he be accepted and obey'd But does the Pope of Rome therefore return and owe his Autority to the Parliament of England how would they of Rome scorn such a thing if but insinuated and yet the Act of Parliament was in its design acceptable and advantageous to them they had the Civil Autority thereby to back and assist them as occasion and which might work that Submission to the present Election his Holinesse's Bulls could not do at least so readily and effectually That this Nation did always understand the outward Policy of the Church or Government of it in foro exteriori to depend upon the Prince a learned Gentleman late of the County of Kent Sir Roger Twisden Knight and Baronet has given a very satisfactory account to them that will receive any in his Historical Vindication of the Church of England in Point of Schism c. Cap. 5. practised by the best of Kings before the Conquest Ina Canutus Edward the Confessor whose Praises are upon Record in the Romanists account of them and the last a Canonized Saint and to which they were often supplicated by the most Holy Bishops Upon the same Grounds are we to laugh at their Folly or Madness or rather Malice when they taunt us with a Parliament-Religion which has only the benefit of the Government for its Protection and our Kings do but that Duty is laid upon them by St. Paul take care that under them we may lead a quiet and peaceable life in all Godliness and Honesty Christianity it self ever since Constantine's time may be as well reproach'd that it was Imperial or which is in effect the same Parliamental Since the Empire was Christian and defended it nay while it was Heathen for some particular Emperors upon some occasions have adhered to and protected it and that it had no other bottom than Reasons of State and a worldly Complyance and the lewd Pen of Baxter in his Prophaner History of Bishops c. Cap. 1. Sect. 37. gives the same account of the Church's increase under Constantine on the score of Temporal Immunities That a Murderer that was to be hang'd if a Christian was but to be kept from the Sacrament and do some confessing Penance c. for those Governors then assum'd the same Power in Religious Matters as have done our Kings since the Reformation as must appear to him that compares the two Codes Novels and Constitutions at large or if hee 'l not take that pains the Abridgment is made above with our Statute Book both which only take care that the Religion receiv'd and own'd in the Church and by Churchmen be protected and every Man in his station do his Duty in order to it if the common words in the Statutes carry the usual common sense and are to be apprehended by him that is not a common Lawyer and which the Author of these Papers does not pretend to be § XIII ONLY Mr. Selden inrodes us here again and comes quite cross too against us he tells the World other things That Excommunication in particular and then they may as well do all the rest is what belongs to the Parliament and which has actually Excommunicated and the Bishops are impower'd only by Parliament to proceed in the like censures and but by a Derivation from both Houses he says in plain terms that all Power and Jurisdiction usually call'd Church Power and Jurisdiction is originally and immediately from the Secular and this he thinks he has demonstrated from several Acts of Parliament to this purpose
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 â—ecular Powers interposing limiting and restraining in Excommunications prove any thing at
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
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 lâ—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
but deposed Sect. 32. To Absolve and Re-admit into the Church this the design of Excommunication which is only a shutting out for a time in order to Mercy on whom to be inflicted It s certain force in the Execution Sect. 33. To depute others in the Ministry by Ordination the Necessity of it An instance in St. John out of Eusebius St. Clemens Romanus Calvin and Beza's Opinion and Practice It s ill Consequences Only those of the Priesthood can give this Power to others Sect. 34. The Objection answered and 't is plain the Church is an Incorporation with Laws Rewards and Penalties of its own not of this World nor opposing its Government Sect. 35. The outward stroke is reserved to the Day of Judgment but the Obligation is present If the Church has no Power nor Obligation because not that present Power to Punish or any like it neither has any Law in the Gospel Mr. Hobbs the more honest Man says neither the Ecclesiastical or Evangelical Law obliges His and their Principles infer it Sect. 36. The Power of Christ and his Church cannot clash with the Civil Power because no outward Process till the Day of Judgment and then civil outward Dominion is to cease in its course the present Vnion and Power to be sure cannot this is clear from the several instances of it already reckon'd up Sect. 37. Their Faith is an inward act of the Soul acquitted by Mr. Hobbes and that which is more open Confession obliges if opposed but to dye and be Martyrs Sect. 38. That they Covenant against Sin makes them but the better Subjects Sect. 39. No Man that says his Prayers duly can be a Rebel because first of all to own his Prince and Pray for him The first Christians Innocency defended them when impleaded for Assembling without leave If this did not do they suffer'd Their Christianity did not exempt them from inspection Sect. 40. Charity not obstructive to Government when on due Objects a common Purse without leave dangerous not generally to be allow'd These Christians innocency indemnified them The Divine Right of Titles how asserted Nothing can justifie those Practices but their real Case The Profession of Christianity must otherwise cease Sect. 41 42. Presiding in the Church rises no higher than the Duties exercised 'T is Dr. Tillotson alone ever said To Preach Christ is to Affront Princes 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 favour 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. HAVING produced the chief and first § I Arguments and Autorities that are depended upon and urged in this Controversie an Answer to some of which I have already prevented others fall in pieces of themselves to an easie Capacity the rest I shall indeavour to refute in these following Conclusions and which will tend much to the cleering the whole Subject and I 'le begin with the first and great Error of Mr. Selden and his other Friends and which is laid down and insisted on as the Foundation of the whole ensuing Fabrick We are told that all Punishments both before and after the giving the Law in Sinai from Adam to Christ were bodily and outwardly Coercive and inflictive the distinction of Sins Spiritual and Temporal was not then known nor was there any such different Regiments and Governors in regard to them the Sword punish'd Adulteries as well as Burglary And therefore 't is so still under the Gospel by the Institution of our Lord and Saviour Jesus Christ nor was there a Jurisdiction separate and apart relating alone to Spiritual Church Affairs designed or erected by him An Inference granting the truth of the Premises surely as wide as their keenest Adversaries can wish it to be and the Consequence had been every ways as due and firm in respect to the Law given by Moses that there were never any such Levitical Rites and Ceremonies given from God by him such a Polity erected because nothing like it that we know of was given to Adam in Paradice nor is there one Rule Law or Direction since given to his Succession the Patriarchs in particular but upon the same force and account must still be exemplary nor ought there can there be any institution that is diverse from them received if a distinct Power from all the World before him be admitted and allowed in Moses the Servant much more in Christ a Son over his own House by whom God hath spoken to us in these last days as in times past he did to the Fathers by the Prophets whom he appointed Heir of all things by whom also he hath made the worlds who is the bright Image of his Person upholding all things by the word of his Power Heb. 1.1 2 3 4 5 6. who had greater Autority more full and larger Instructions and Commission and more signally evidenced to the outward sense of Mankind than any Prophets or Messengers of Gods had before who had all Power in Heaven and Earth committed unto him both spake and acted as never Man did And in the same peculiar manner did he gather and stablish and six his Church or Body upon Earth and at his going away into Heaven send down his own Gifts in the face of all Nations at the Feast of Pentecost erected his own Kingdom appointed his own Officers assign'd his own Members influenced them by his own Spirit governed them by his own Laws associated them in his own Method and nothing of it was of this World He made a new Covenant stablish'd on better Grounds incouraged with better Hopes and Promises instituted new Ordinances made new Seals and Conveyances gave new Liveries and Pledges that were diverse a Government to last for ever till the restitution of all things with a respect to nothing future but Heaven and all this absolute in it self and independent abstract and separate from any or all the Powers and Associations in the world beside complying and yielding to no one Circumstance Exigence or Necessity whatever so contrived and ordained that as himself her Head so the Church his Body and every Member in particular hath life in it self derived only from him their own Powers and
sancto profecta as Tertullian Apol. c. 30. and 't is Prayer out of a chast Body an innocent Mind and an Holy Soul is the Sacrifice of fat things Qui justitiam Deo libat qui fraudibus abstinet propitiat Deum qui hominem periculo surripit opimam victimam caedit haec nostra Sacrificia haec Dei Sacra sunt as Minutius Foelix to the same purpose And Justin Martyr Respons ad Quaest 101. ad Orthodoxos or whoever was the Author calls the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Gospel in the Prophecy or Pre-published and the Gospel 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Law fulfill'd or in its Completion Origen calls the Law 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Flesh of the Scriptures speaking of the literal sense of it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Cap. 1. Ed. Spencer and divides the Scriptures into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Body and Soul and Spirit The Body as to the Jews the Soul to Christians and the Spirit relating to life Eternal And again That there was a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the Writings of the Old Testament which the Jews understood not Lib. 2. adv Celsum Nova veteris adimpletio So Lactantius l. 4. And Tertullian says l. 4. adv Marcion That the Earthly Promises of Wine and Oyl and Corn in Spiritualia figurari à Creatore did prefigure Spiritual things In illa Vmbram in hoc veritatem esse dicimus the Law is the Shadow the Gospel is the Truth So St. Jerome in his first Book against Pelagius Imò singulae penè Syllabae c. ad Paulinum he makes every Letter there almost of the same Nature and he more than once asserts the Three Orders of the High Priest Priest and Levite to be the fore-runners of the Bishop Presbyter and Deacon under the Gospel-Priesthood And St. Clemens in his Epistle to the Romans said the same before him And though St. Augustine seem'd to blame some that all things there are involved in Allegorical Expressions as 't is too usual to outdo things yet he admits of such as duly thence draw Spiritual Senses Civ Dei l. 17. c. 3. But that which Hugo Grotius cites out of him and receives and Publishes as his own in his Annotations ad Deut. 17.12 is more full and apposite to our purpose Hoc nunc agit in Ecclesia Excommunicatio quod agebat tunc interfectio quaest super Deut. 5. c. 38. Excommunication does now the same in the Church as putting to Death did under the Law And De fide Operibus Cap. 6. Phinehes Sacerdos Adulteros simul inventos ferro ultore confixit quod utique Degradationibus Excommunicationibus significatum est esse faciendum hoc tempore Phinehes the Priest stroke through the Belly with a Dart the Adulterers when found by him together and which signified what is to be done now by Degradations and Excommunications in the same Case So that the summ is this If Mr. Selden will say That the Levitical Law and the other Judicial Acts among the Jews concern us not at all and therein affront the concurrency of Christianity then all his Design and Labour declaring what their Acts and Punishments were his main Plot falls to the Ground is altogether to no purpose and he needs no answer If it does concern us and thus typifies the Gospel and which I think cannot be denied then all he has done is against himself and his particular design for it flings it unavoidably upon him that the Spiritual part is now ours as theirs was Carnal they punish'd by bodily Mulcts and Death we punish by Spiritual either Suspension Degradation particular Penances for a time or total cuttings off as by Excommunication § IV THAT as Government is absolutely necessary for the continuance of any one Body or Community and such as live without Laws are defined by Aristotle Polit. l. 1. c. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be a Beast or a God incapable in their Natures or above the Inconveniencies of it though God himself does not manage the World by his Supremacy alone and higher incontrollable Power but according to his Justice and Equity and Mercy and other Attributes and which perhaps Aristotle did not consider And this the Jews were so sensible and aware of that when their Power was given over into the Enemies hands and they had lost the Advantages and Protection of it to keep their Body together and entire and to which they thought themselves obliged by the antecedent Bonds of their Religion they framed and submitted to an Institution of their own in order to their present Preservation And can we then but suspect the incomparable Wisdom of our Saviour to have so far failed in this Point to institute a particular Society and leave it originally and in its design in the hands of its Enemies under the deepest Obligations of a visible Prosession to continue so imbodied but without any Laws and enforcements of its own only what is to be received of its Enemies this certainly cannot fix upon the thoughts of a seriously considering Person at least upon theâ—rs we have now to do with who so much admire the Policy of the dispersed Jews in this particular and even obtrude it as the Pattern for succeeding Government for our Saviour Christ to do this is so far from out-doing all the Law-givers that have been before him as it is justly contended he did that it sinks him below the meanest and most inconsiderable The words of the Learned Grotius seem here most apposite Quando quidem Ecclesia coetus est Divina lege non permissus tancum sed institutus De aspectabili coetu loquor sequuntur ea omnia quae coetibus legitimis naturaliter competunt etiam Ecclesiae competere De Imper. Sum. Potest c. Cap. 4. Sect. 9. that since the Church is a Company not permitted only but constituted by God I speak of a Company that is visible all those things which naturally belong to lawful Associations do also belong unto her And again Omne Corpus Sociale jus habet quaedam constituendi quibus membra obligentur hoc etiam jus Ecclesiae competere apparet ex Act. 15.28 Heb. 13.17 Rivet Apol. Discuss every associated Body has a right of constituting such things by which its Members may be obliged and that this right does belong to the Church is apparent from the Fifteenth of the Acts the Twenty eight and the Thirteenth to the Hebrews the Seventeenth § V THAT as these Jews by the naked influence and force of this their Excommunication where nothing outward and violent to coerce and constrain them for such Power is supposed to be gone when this took place the Empire cared not for it as relating to their Religion did oblige their Members to preserve that unity they believ'd themselves oblig'd unto did govern and reduce them upon each occasion and upon this one score are they continued as one Body in the World at this day the Secular Power giving them no
ubi etiam ipsos praedictum est non fuisse credituros The Jew carries with him the Bible into what Nation he is dispersed and Christ and his own belief so plainly there foretold never want a Testimony thereby of his own asserting the one and upbraiding the other And on these Grounds it is we may probably Collect that this Association of the Jews in a voluntary Discipline occasioned by reason of such their Captivity and which a rigider Necessity brought them to being depriv'd of their proper Government and depending on themselves alone was an early instance of the like imbodying and Jurisdiction in the succeeding Church of Christ a Prelibation of that his Kingdom not long after to come down from Heaven and such its abstracted independent Polity is therein anticipated WHEN Mr. Selden goes on and tells us § VII That the Government of the Church was Caesarean only because it was imbodied in the State at least indulg'd by the Empire this has as little of Argument as any one could wish unless he had prov'd the Church had had no other bottom to stand upon that to Institute and Protect were all one and that it could not be from Christ and from Caesar in different respects the contrary to which has been made to appear all along in this Discourse and the Churches in Jerusalem Alexandria Antioch Caesarea Rome might all be and were of an Antecedent Institution though the Owning and Protection from the Empire was much to their advantage or why should this be concluded against the Christians and not against the Jews who are supposed to have instituted their own Discipline under the Captivity before Judea was reduced to a Province and they professed Subjection to the Empire and all along retain'd it and all other Rites or at least so many of them as their conquer'd Condition did render them capable of Practising as immediately from God and independent to the State nor will any one venture to assert otherwise The Law was given by the Mediation of Angels indeed but Princes were not so much as instrumental in it and after its first giving even to the days of St. Paul both the Law and the Temple and Caesar were distinct Powers created different Obligations and he Pleads for himself as injurious to neither of them in the Acts of the Apostles and the Deputy Gallio there had failed much of his Duty when caring for none of these things had the Matters of their Religion resolv'd it self immediately into Caesar especially since Mr. Selden contends that all the Priviledges the Christians enjoy'd as to their Religion they had as Jews going under their Names and as such reputed Nor could the Empire upon this his Supposition assume any Power as to their Religion he did not over the Jewish And to make good this his Precarious and impertinent Presumption That for some years after our Saviour's Ascension the Jews and Christians went under the Name of Jews and were reputed as one he is more precarious yet and goes on in his Arbitrary way and tells us That no Gentiles during that time were admitted Disciples to Christ but such as were before Proselytes either of the Gates or of Justice or first Circumcised all which if true is nothing to his designed end for the Christians might shelter themselves under that Name to partake of by that means the Priviledges and Immunities the Empire bestow'd upon the Jews and retain their distinct Rites and Character their own particular Sentiments as other Sects did Multis in locis Judeos Christum sequentes in Synagogas admissos fuisse credam dummodo ritus servarem Judaicos Grotius Appendix ad Comment de Antichristo That in many places the Jews which followed Christ were admitted into the Synagogue it may be believed especially if we consider that the Jewish Rites were observed for some time together with the Christian at least not publickly absented from and declar'd against So St. Paul had his Vow and Paid it in the Temple upon a Private Consideration and future design so he caused Timothy to be Circumcised But though the Empire might consider them no farther then as Men of another Profession as to Religion in general from it self and so grant one Toleration for them all and the Christians upon particular occasions might intermix with the Jews yet that they were visible and distinguishable as distinct Bodies and different Associations the Case of St. Paul makes manifest when Purifying himself in the Temple how the Jews which were of Asia soon discovered him and ran tumultuously upon him and drew him out of it And that those Greeks then with St. Paul were no Proselytes at all either of the Gates or of Justice though Christians as Mr. Selden supposes all Christians were is more than likely Acts 21. and the whole Book of these Acts of the Apostles renders notorious whence otherwise all those other Persecutions from the Hebrews and that their Women so raved and blasphemed when the Gentiles were received as equal sharers in the Mercies of God with themselves if all were Proselytes before and no more was now pretended to The Christians did not suffer more afterwards by the Heathen Powers than they did thus early by the unbelieving Jews so far as they were able which certainly is no mark of being of the same Body and using the same Synagogue and Service the Jews in general and the Christians were so far from thus associating in one Body and appearing every ways the same however upon particular occasions some of them might that the Believing Jews and the Gentile Christians still made a Separation for a good pretty while after our Saviour's Ascension how wide the rent and great the distance was we read in the Epistle to the Galatians even to a with-drawing and Separation And the Church Story is evident they had their distinct Bishops and Congregations in the same City as St. Peter and St. Paul at Rome and so continued till after the Siege at Jerusalem when the Christians departed to Aelia as Grotius tells us in his Annotations on the Eleventh Chapter and Third Verse of the Revelations BUT these at the most are but trifling § VIII Discourses and altogether Foreign to the point in hand nor could Mr. Selden design them any otherwise than as a Gild and Varnish to his main Body and ill managed Discourse preceding That which is his fundamental Error the bottom of his whole design and which all his Complices begin with and manage together with himself is this That there can be no Government which is not of this World but what is by the Powers Managery Methods and Instruments Courses outward Compulsions and Penalties of it each of whose Forces and Ligaments must operate by the outward Organs sensibly and in a visible manner In this Supposal is his whole Discourse laid as we have already from himself stated it in the latter end of the Third Chapter in some instances shew'd the weakness of the Plea
stone to ruine him had procur'd the Sentence of a Synod against him licet Sciret impletam and which he knew was sufficient and cogent of it self yet he endeavour'd all he could thereby to render him lower and more contemptible to have it corroborated and confirm'd by that Autority Quâ potiuntur Aeternae Vrbis Episcopi which the Bishops of the Eternal City or of Rome did enjoy which Autority what it was is still in the dark for him there 's no mention of it in any one Degree and 't is mostly agreeable that he endeavour'd it as the more great and popular Bishops of the World by reason of that Vrbs aeterna as the City of Rome for its Pompous Magnificence is all along through that History call'd that eminent City the seat of their Residence Lib. 15. Pag. 75 76. Ed. Lugdun in Duodecimo nor does it from this whole History appear that there was then as not any distinct Power so nor any but Title affixed to the Bishops of Rome which other Christian Bishops had not The Bishops in general are called Christianae legis Antistites and Liberius of Rome has but the same Title or that of Episcopus Romanus and Vrbis aeternae Episcopi is what the whole Succession is call'd by Ibid. suprà Et lib. 20. Pag. 261. lib. 22. p. 329. AND now the whole of the Matter is driven § XXVI into this one Point or narrower room what the Power and Extent of this Church-Law or Canon Ecclesiastical was in what sense it was imposed own'd and receiv'd in the Church If universally and what was design'd for all Christendom and obliging let them produce the Rule it is not to be found in any thing yet we have consider'd and then reconcile it with the general Practice of the Church which appears another thing and to enlarge this Power whatever that above mentioned is as claim'd by the Bishop of Rome beyond a limited Exarchy or Primacy or that it any ways reaches to Antioch is to go beyond the whole Story Ecclesiastical in any tolerable Age of it 'T is to go beside the Acts of every General Council upon every occasion and all the Imperial Courses and Proceedings in point of Jurisdiction when the state came into the Church engaged for its Governance and Jurisdiction and turnâ—d their Canons into Laws There is nothing in any one Council whether General or Topical that either refers to determines actually or but implies any such thing unless what was foysted into the Canons of the first Council of Nice and recommended to the Council of Carthage for an Approbation with the rest of those Canons by Faustinus an Italian Bishop and Legate of Rome be since made Canonical Sure we are it was then detected and exploded for a Cheat by the Holy Bishops of that Council and who there and then disown'd the Superior Universal Power in the Bishop of Rome all which with the several Circumstances is to be seen in the opening of the Synod The See of Rome is still represented as but equal and in the same rank with the other Four great Churches of Christendom and its Bishop neither Presides in the Councils nor Over-rules in the Definitions of Christendom nor is the Autority any ways defective upon his absence or if convented without his License than upon the absence of or when not licensed by any other Bishop There is not an Instance of any one Reference or Appeal in Church-Affairs but still the either Patriarch Exarch Metropolitan Primate or Private Bishop is to accommodate and rectifie all as the alone Judges and Determiners under a Synod of Bishops or a Council and if new Canons be wanting 't is the Imperial Direction that the Bishop of Constantinople and the Convention of Priests be convened to consider of and to make them Cod. Justin l. 1. Tit. 2.6 Et Cod. Theodos 16. l. 45. Tit. 2. As for that of the Council of Sardica Can. 3. 4. and which seems to favour the Bishop of Rome in the right of hearing and adjusting Foreign Causes not to make any Reflexions on the Synod it self whatsoever it is 't is bottomed neither on Scriptures nor ancient Tradition or Custom but seems in particular Cases to be allow'd him for the honour of St. Peter nor can we believe it could run against the different Determinations of general Councils if so 't is to be of no Autority particularly the first of Nicea considering also that Hosius was President both at Nice and here I shall add it cannot be conceiv'd to run against it self whose Tenth Canon places the top and uppermost of all Church-Power in the Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and which is not consistent with a Superior Order in the Church fixed and immutable whether as to Jurisdiction and Ordination or Government only As Bellarmine and Estius are not agreed and those several Exempts we have an account of in Church Story 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and govern'd within themselves as Cyprus Bulgaria Iberia Anglia whatever they relate to and so called in respect of whether Patriarchacies Exarchies or this pretended Monarchy Universal or howsoever they came so to be they are Evidence sufficient against this claim of Rome and that every Church is not therefore Schismatical because disowning a dependency upon her especially if we reflect how strongly these Privileges are contended for in the Eighth Canon of the Council of Ephesus occasion'd by some Usurpations attempted upon Cyprus in particular and 't is there made Law that no inrode be made upon them And that which is farther considerable is that among all the Orders and Directions issued out to Church-men by the Empire for the executing the Canons and preserving the Discipline of the Church the Persons in Charge are the Bishops Metropolitan or Patriarch the Bishop under the Metropolitan the Metropolitan under the Patriarch and the Patriarch is always last and uppermost and 't is very strange to reflect that if there was an Order above these a Power Universal residing in any one Person with a care over all the Churches in Christendom so setled by Laws Ecclesiastical and Superior to all the afore-mentioned Orders in Jurisdiction and Government and this Person and Power should still be overlook't and disregarded no one Direction and Application made unto him in the Affairs so immediately his of his Charge and Inspection and this too in the days of Justinian especially since whatever was done by the Empire was in Prosecution of what was church-Church-Law and Canon before according to the Appointments and Decisions of it And that this is all so 't is most manifest in our Church Story Acts of Councils and particularly the Proceedings Imperial in the two Codes and the Novels Vid. Cod. Justinian lib. 1. Tit. 3.43.2 Novel 5. Epilog Novel 6. Cap. 3. Epilog alibi saepius Not that the Empire was shye in giving the See of Rome any Power or Title was its due as it must be acknowledg'd very great things were
where there is a doubt and no sure witness to avouch the Baptism pretended once to be administred or the Persons themselves are not able to give an account of the Mysteries then delivered unto them as Can. 57. Conc. Carthag and which Canon was occasioned by their Embassador with the Moors who usually brought such Children from the Barbarians but yet there is no instance in the first Canons of rebaptizing those who were certainly known to be baptized in the Name of the Father and of the Son and of the Holy Ghost upon any accident by Lay-men and yet such we have reason to believe there was Hence Baptism once appearing to have been administred as to the Matter and Substance of it and in the words of the Institution and by such as were not of the Hieratical Order they adjudged it the safer way to trust the Mercy and Goodness of God for a supply of whatever defect might be in one or two outward Circumstances than to run the hazard of an attempt of what seemed so visibly and notoriously unlawful viz. a second admission by that Sacrament or a violation of that known and sacred rule or instance of our Belief one Baptism for remission of Sins And this as in all defects and where something is wanting it ought to be permitted and pardoned only under the present and unhappy Circumstances as also in the after practice of the Church but never produced and urged as a Rule enacted into a Law Infirmities are never made Presidents unless for Pity and Pardon and to quicken future care and watchfulness against them the common course of things abhors nor is it to be endur'd if otherwise Potestatem regenerationis demandans suis discipulis cum dixit iis Euntes docete omnes gentes baptizantes c. Iren. l. 3. c. 19. Christ Jesus then demandated or devolved the Power for Regeneration unto his Disciples when he bad them go and teach all Nations baptizing them c. and certainly such as attempt it ought first to receive the same Autority in Succession from him without which his Disciples that in Person attended him did it not Tertullian represents it as the height of impudence and irregularity for a Woman to baptize forsitan tingere a more sawcy act then to teach in the Church De praescr c. 41. then which no Book was ever wrote with a more Primitive Spirit and speaks of it as a thing in general forbad a Woman de Virgin Veland c. 9. He limits it to the Bishop Presbyter and Deacon only in necessity it comes to the Lay-man Sufficiat sc ut in necessitatibus utaris sicubi aut loci aut temporis aut personae conditio compellit tunc enim constantia succurrentis excipitur quam urgit circumstantia periclitantis De Baptism c. 17. and surely that which is but one never to be reiterated 't is Sacriledge 't is incest to do it to which so many and great Titles Eulogies and Effects are given by the Ancients it would be endless to repeat them so many to be sure more are not spoken of any one Service in the whole City of God That which first enters us into the Body and Association of Christians with so large Promises upon such solemn ties and obligations the Expectations and Duties of our whole life following and that which is performed and obtained with the same solemnity and invocation as in other Holy Mysteries invocato Deo Sanctificationis Sacramentum consequuntur aequae Tertul de Baptism c. 4. it is not agreeable that the Consecration and Solemnization be left and assigned promiscuously and to every hand and which is not in other Sacraments it must in course be equally peculiar and separate as to the separation of the Persons that are to be entrusted with the administration of it A further appropriated distinct Power to § XXX the Officers of the Church is to unite and determine in Council in the affairs of Religion as to Matters of Faith when less cleer when unhappily wrested and perverted by Hereticks in fixing things indifferent in their Nature for the more usefulness order and uniformity in the Worship of God for the setling of Consciences in the private apprehension of them and governing suitable to such the Laws and Canons in each case so made and constituted by them For this end the Apostles and Elders met together and united in Council at Jerusalem and determined concerning things offer'd to Idols and eating of Blood c. Acts 15. so those many subsequent Councils whilst the Empire kept off from the Church as against that Error of the Arabians that the Souls sleep upon the separation Euseb Hist l. 6. c. 37. in that against Novatus Cap. 43. against Paulus Samosetanus l. 7. c. 29. with several others in History transmitted to this purpose was that Body or Collection of Canons bearing the Title of the Apostles Canons upon several occasions made for the use and direction and government of the Christian Incorporation and Society such were the four first general Councils when the Empire became Christian and receiv'd the Church under its wings and protection The first under Constantine held at Nicaea against Arius and asserted the Eternity of the Son of God that he was not a meer Creature The second held at Constantinople under Theodosius the Great against Macedonius and asserted the Eternal divinity of the Holy Ghost who said the third Person was a meer Creature The third was held at Ephesus under Theodosius the lesser against Nestorius who own'd the both Godhead and Manhood of Christ but divided him into two Persons The fourth at Chalcedon under Marcian the Emperor against Eutiches who consounded the two Natures in one Person as Nestorius divided the Persons with others whether Oecumenical or Topical during or succeeding these and whose either Declarations as to what Faith was at first delivered and since received upon a just and traditional enquiry even to the placing some Books into the Canon of Scripture which were not with the earliest admitted or constituted Canons in Church-Polity were still thought obliging to all good and peaceable Christians determined and ended the present debate and only a Compliance was the issue of them and that either to all Christendom or particular Churches suitable as were the Councils either Universal or under single Metropolitans or particular Bishops accordingly did they oblige And this Legislative Power as originally given only to Church-Officers so is it alone residing in them to rule and to govern receive or reject to punish or reward according to such their own Laws as the reason and nature of such the Societies and their Constitution will direct and bear as unhappy Differences and Debates arose they were thus to be decided by the Convention of Councils who either confirmed what they found was well done before or passed farther Sanctions where the occasion was new or upon notoriety of failure in former Declarations For the Power of Councils was never asserted
not know how better to give an account of this Kingdom of Christ than in the answer of those Kindred of our Saviours to Domitian the Tyrant related by Eusebius Eccl. hist l. 3. c. 20. Domitian was afraid of Christ's Kingdom as Herod had been before him he had the same apprehension that still is in the World derived from most excellent Presidents Herod and Domitian that Christ's Kingdom and Caesar's could not stand together whereupon such Christ's Kindred were summoned and accused as of the stock of David who upon demand acknowledging they were so and giving an account of their Meanness and Poverty as to this World and shewing their hands which were hard and callous with the assiduity of labour for a daily sustenance and not to be suspected to be Invaders of the Kingdomes here they were at length demanded concerning Christ and his Kingdom what the nature and quality of it was and when and in what places he was to appear and to which they also answered 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. that Christ's Kingdom is not of this world or earthy but heavenly and Angelical to be accomplished in the conclusion of Ages when coming in Glory he shall Judge the living and the dead and retribute to every one according to his works IN the mean time and till such his Personal § XXXVI Appearance in Glory with outward Power and force as well as splendor to sit visibly as a Judge and every one to receive in his Body by way of Punishment what evil he hath done in the flesh to say his Power is none at all because not of the same quality in the same form of Process and by sensible Awards is to discourse as those that are equally ignorant of the Reasons of such God's terrible Proceedings at the end of the World that Fire and Brimstone in Hell as they are of the nature of his Church and Association its Rules and Laws and Discipline here on Earth And our Saviour therefore and then personally and bodily afflicts for ever because his Moral spiritual Laws his Church Injunctions so often urged have been believed on these mens Principles to be of no account to have no edge or force because no present destruction of the flesh nothing sensible restraining or coercing had they been received and obey'd as in the design from God such his fearful doom had never reached them and to contend that the Ecclesiastical Church Power is now none at all because not such as at that great Day or not the same as of a secular Judge at an Assize to send to Prison Whip or put to Death is with the same Argument to contend that there is no force or obligation in any one oâ— all the Gospel moral Precepts either whose utmost return by way of outward Penalty upon such as receiv'd them not was to casâ— off the dust of their Shoes upon them As the Seventy we know were by our Saviour alonâ— enjoyn'd who had neither Whips or Axeâ— Goals nor Gallows committed unto them whâ— could only deny them the advantage of thaâ— Gospel which themselves refused when it was Preached unto them To say Church Power can be none at all upon this score is to deny all Evangelical Power for present Judgment is not there speedily executed and the Law of Love and Virtue are alike precarious and of no Autority and Jurisdiction that 's engaging as are the Laws Ecclesiastical if their reason be good they give against the latter because voluntary in the submission to and acceptance of them and no one is forced except he please to covenant at first or if he does covenant he 's as much free from all outward force whether he pleased or not to put his part in practice he may renounce and rescind it at his liberty Surely no Cords tye no Irons bind like those that enter into the Soul whether it be by Love or Fear by Punishments or Rewards by the Comforts and Hopes of the one or the Terrors and Consternations of the other a wounded Conscience who can bear its burdens are insupportable and which comes not by Weights and Engines inventions of Man pressing and over-powering and according to the Principles of these men there can be no other but by reflex actions and a sense of non-performance of Duty and the horrid black guilt annexed from a sense of that loss which like the Conscience it self is spiritual and which over-bears and over-rules very oft to the neglecting of the flesh to the undergoing any Tortures and Cruciatings of the Body as we know despairing Persons do when as with Esau the Blessing is sought and 't is too late there 's no room for Repentance but which is not the first and immediate punishment and burden and surely a sence of Duty performed and the Expectations of a good man are no less binding on the other side â—ngage and tye the Soul that is not feared with an hot iron is sensible and considering and he that believes and is fully possessed that without the Pale of the Church if not a Member of this Body and Association as above described there is no Gospel advantages here nor life hereafter no other way revealed to us by God in his Word to follow and adhere unto he needs no other Motive and Boâ—d for his keeping within this Pale for his submission to the Laws and Discipline of it and if any one does not believe it he is to be dealt with as those are that say the flames of Hell are painted also that deny the reality and truth of those eternal Punishments and 't is the great folly of those men who first suppose there can be no Association but by outward ties and then upon this begg'd Principle of their own conclude against this of the Church and which is only spiritual The sum of this Section is this if the Church on Earth has no Power because no outward coercion neither has any one instance of the Gospel if these Men's reasons conclude any thing And Mr. Hobbâ—… is to be done thus much right in the case that he speaks so like an Honest man that is to one that is true to his Principles and all along asserts That the New Testament is only Canonical and Law as made so by the Civil Magistrate and to say it is a Law in any place where the Law of the Common-wealth has not made it so is contrary to the Nature of a Law and more particularly as to the present point in hand that the Decrees of the Council at jerusalem Acts 15.28 were no more Laws than are those other Precepts Repent be Baptized keep the Commandments believe the Gospel come unto me sell all that thou hast give it to the Poor and follow me which are not Commandments but Invitations and Callings of Men to Christianity the Kingdom which they acknowledged and to which they invited being not present but to come and they that have no Kingdom can make no Laws nor did
so as acceptable to God our Saviour 'T is true this Duty is not with the same Circumstances performed as are the two former it requires personal local uniting and which if without the Permission of the Prince may be termed Sedition or Riot or if against his Commands Rebellion or whatever criminal Characters the present Laws put upon such like Conventions the first Christians therefore when under those harder Necessities by the severer Edicts of the Heathen Emperors went still to pray out of the Cities met before day and in the Woods and when discovered and impleaded 't was alone the great and tried innocency of both their Religion and Persons was their advocate and rescue as in the days of Trajâ—n the Emperor who occasioned particular search to be made into them and such their Assemblies or else they did it with more privacy abating of their Numbers in particular Meetings as less discerned or if discerned less offensive and obnoxious not so liable to jealousies of State and suspitions or if this did not do and gain a connivance as many times it did not they then became Martyrs and Suffer'd whether by Confiscation of Goods or Banishment of their Persons by the Prison or Death as they were appointed to it and engaged to undergo for their Faith it self and the Profession of Christianity there was no Pleas for exemptions of their Persons from such the Laws because Christians as if beyond their inspection and above their Punishments And St. Cyprian Ep. 7. blames particular Christians that when under interdict return'd home again without the leave of that Government by which exiled Et deprehensi jam non quasi Christiani sed quasi nocentes pereant as bringing guilt with such their Punishments on their Heads there was no other strivings or struglings in the Streets unless for their last Breath when upon the Racks and by other Cruelties As their case was every ways like that of the Prophet Daniel so was their behaviour too and the most open inhibition and most severe as to Penalties must not cease the daily Sacrifice and Praises of God Almighty they still own'd their Religion and their God its Author and so they did their Prince in his due Subordination praying with such their last Breath for him There was no Arms nor one Shield of the Mighty but Prayers and Tears and the late Field Conventicles and Rendevouzes of Rebellion were in those days unheard of THAT these Christians by a common Shot § XLI or Purse maintain'd their own Poor carries no more exception or opposition than do any other acts of Charity in what Body or Association whatever and of which this perhaps of the Christians was the most eminent that ever was in the World Charity we know falls under no other Law than that of St. Paul that every one give as his God has prosper'd him readily and of a willing mind nor is it can it be against any Law any ways blame-worthy when fixed on due ends and objects when design'd for and dispended on only the Poor and Indigent but when preferr'd to and justling out of doors acts of Justice and Equity when set up and practised against always necessary and immutable Duties and against which these Christians always provided their own Fulminations or Church-censures by way of Penance and correction still proceeded upon any defect or perverser design discovered and 't was their abhorrency and so ought the Secular Power to animadvert and proceed in its courses of Restraint Coercion Seizures Confiscations or whatever is the ways and Methods the present Government in such cases instructs and enables them to Though where the Church is in the Common-wealth as it is now that the Civil Polity is Christian this case cannot so usually fall out as it did before the days of Constantine a common maintenance being provided for such by Law and the case as to the general is now none at all § XLII NOR doth that other Publick maintenance of such as laboured among them in the Word and Doctrine carry in it self any more of Encroachment or Usurpation or but suspition of Danger on the Powers of the World then that other just now mentioned and which was their pure Charity and a thorow incapacity for subsistence otherways induced to it for this Contribution for their Clergy was purely voluntary what every one of his own motion brought in and lay'd at the Apostles feet was it not thine own and in thine own Power as St. Peter argues with Ananias on the like occasion no motives from Christianity tend to any thing of force or lay any outward Coercion as not to the Persons so nor on the Estates of any their Goods are equally their own as are all their other lawful Rights and Properties after their coming in to be Christians as before every man is to abide in that calling state or advantage as to this World in which he was called if not sinful 't was their own hands and hearts did offer and dedicate their Goods to the Service of the Church they still remain'd in their own Power and they might for any restraint as to their Profession or relating to any such particular Church Endowments use them as all men may their own to what end they please if not to the prejudice of their Prince or their Neighbour And so far were these first Christians and their Church Contributions and religious Enfeoffments from being suspected of bringing dammage or but any one incommodiousness to either that I do not remember any one thing like a charge of that nature drawn up against them for it though great Sums of Money were brought in to this purpose and the Church had great Possessions in the time of the Heathen Emperors and which the Empire confirmed sometimes to the Church by its Princely Edicts as Aurelius did in particular in the case of Paulus Samosetanus and which is above-mentioned or if at any time they were suspected as by their Apologies and Remonstrances in their own behalf it may be inferr'd and their Church-Houses and Gardens their Patrimony alone might be their Crime as what too usually falls out nor was they altogether free from violences as appears by the Restaurations made by Constantine at his Possession of the Empire and which is also above noted they then not only made publick such their Protestations but their Practice too to the contrary and which avouched and vindicated their innocency So Justin Martyr in his Apology to Antoninus for the Christians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we only Worship God Confessing Kings and Governors of Men and praying for them So again Athenagoras in his Embassy for the Christians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. and if it so falls out that we are accused as doing injustice to any more or less we refuse not to be punish'd we are worthy of it in the highest Nature And Justin Martyr again in his Epistle ad Diognetum speaks of the Christians in general 〈◊〉 〈◊〉 〈◊〉 〈◊〉
rather to be hazarded then to comply with and imbody into us any thing that is sinful even to gain a Protection for other instances of Virtue and Duty yet nothing but that which strikes at Religion it self will ingage or be a Warrant to proceed in this extreme utmost way upon him whose alone is the outward Coercive Power and who can weild his Sword at pleasure deny the Church that support countenance and assistance which our Saviour designed Religion should outwardly flourish under be in some respects propagated and preserved by become more notoriously visibâ—e and conspicuous to all Nations And what is said of Excommunication and other Church censures is to be said of Absolution which though a Power enstated alone in the Priesthood by Christ yet is not to be executed in an Arbitrary way and that not only as to the Laws of Christ but the Laws of Kingdoms also in many cases especially where Christian I 'le end this Section and Head of Discourse in the words of our Learned Dr. Hammond in his Book of the Power of the Keys Cap. 1. Sect. 1. The Power of binding and loosing is only an Engine of Christ's invention to make a Battery or impression upon the obdurate Sinner to win him to himself to bless not triumph over him it invades no part of the Civil Judicature nor looses the bonds thereof by these Spiritual Pretences but leaves the Government of the World just in the posture it was before Christ's coming or as it would be supposed to be if he had never left any Keys in his Church § XLV THAT the Church as a Body and Corporation of it self judiciarily determines in Council and lays obligations to Obedience infringes and inrodes no more than her other acts now mentioned if it be declarative of matter of Faith or Duty indispensably as received originally from Christ by Church conveyance the Determination is no more than the first Teaching and Promulgation of it was if it be constitutive of Laws and Canons for setling and enjoyning of Discipline the matter in it self indifferent but limited for present use and service and of which and to which purpose all Humane Laws Ecclesiastical or Civil are made and tend these Church Canons are as in the make and obligation so in the Practice and execution to retain that just regard to known Duties especially those of Allegiance that such the other Church acts and censures do and as already shewed 'T is true the great transcendent regard and reverence the Empire when Christian has had for the institution as from our Saviour for Religion it self in whose defence the Canons were made and for the high Dignity and Office of the Bishops his Commissioners that it still has made antecedent Canons the Rule of all Laws enacted if relating to or but bordering upon affairs Ecclesiastical as instances are already produced quas leges nostrae sequi non dedignantur Novel 83. and to command contra venerabilem Ecclesiam against the venerable Church Nullius est nisi Tyrannidis cujus actus omnes rescinduntur is reputed as the Act of a Tyrant and such Acts are null'd Cod. Justin l. 1. Tit. 2.16 nay farther Canones ubi agitur de re Ecclesiastica jure civili sunt preferendi and if the Canon and Civil Laws those of the Church and the State have happened to be different and in competition in any Ecclesiastical case the Canons have took place and obliged as in that Code and Title Sect. 6. and their general care and industry was mostly for these as the Determinations more immediately for the good of their Souls Novel 137. but this was from the greater Indulgence and Grace of the Christian Emperors and in particular cases and it cannot be supposed that the Church should designedly set up her Bishops and Laws above or in opposition to that Government which the frame of their Religion includes in Subordination to and by Protection of which it was to be propagated and preserv'd but of this we shall have occasion anon to consider farther And if it be reply'd that a Council cannot be convened or meet at all without the Prince's Grant at least his Letters of leave and how then can they have any Autority independent or should they otherwise assemble they are reputed Seditious Disturbers of the Peace and of Majesty and punishable as is the Law imperial 16. Cod. Theodos Tit. 1. l. 3. To this I answer neither can they nor ought they nor did ever any Christian Council otherwise unite in their Persons then by the Grant and Letters Imperial and that censure was just if any did otherwise attempt it But then it is farther to be consider'd that the form essence and force of a Council that which gives a right for Sanctions and invests with Autority Ecclesiastical is not their local personal meeting as in one place there convocated and sitting but a joynt-enquiry and resolution as to the Truth 's debated and concurrency as one man in the Laws enacted upon the true Motives and Reasons of Faith and the Gospel as by Tradition transmitted or in Discipline for Government and Peace useful and which may be done by the Bishops and Clergy dissite and in diverse Countries by their Letters Missive and Communicatory those Literae signatae or systaticae or circular Epistles to one another and which has been done under diverse Circumstances and when the state of the Church was so low and its Capacities not enabling her to do it otherwise as is plain from Church Story and Practice and that this was the course of the Church's 't is more than probable when that debate arose about the keeping of Easter an account of whose Epistles we have appearing to this purpose given us by Eusebius Eccl. Hist l. 5. c. 23. AND lastly that this Church Power is derived § XLVI only from the Church and her Bishops to others in the Succession exclusive to Kings and the Clergy are not in this sense his Ministers he ordains and substitutes them not carries nothing of opposition in the action it self nor any thing in the design than what the Incorporation and Offices themselves imply and which has been hitherto rendred altogether innocent The Leviathan scruples not to say That they all derive their Offices and Power only from the Prince and are but his Ministers in the same manner as Magistrates in Towns Judges in Courts of Justice and Commanders in Armies are and his account why they must be so is because the Government could not be secure upon other terms If the Soveraignity in the Pastor over himself and his People be allow'd of it deprives the Magistrate of the Civil Power and his Peoples dependency would be on such their Doctors both in respect of the opinion they have of their Duty to them and the fear they have of Punishment in another World Part 3. Cap. 42. but this mistake of his has been enough discovered all along in this Treatise and will be more
hereafter and he will suppose no Power to be but what is outwardly Coercive and for his two Reasons he gives they are no less apt and ill placed for that Duty and Obedience Christians are engaged in by St. Paul and suitably owe to their Doctors them that are set over them in the Lord reaches no farther than does their Commission which is only in order to Heaven and fear of Punishment in another World arises in a particular manner from their Rebellion and Disobedience to Princes this is one of the Sins is there to be Punished and for Church-mens being no less subject to Ambition and Ignorance than any other sort of men which he adds for another reason nothing in particular can justly be inferr'd from it because others are equally liable to them and which he does not deny CHAP. V. Chap. 5. The Contents 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. THERE is but one thing now behind that § I seems to me to be considered as requisite for the cleering this Discourse and 't is in the case just now stated As suppose the Canons of the Church and the Laws of the State should really and actually stand in competition that they enjoyn and prohibit the same action at the same time or at least so as the designs of both cannot at once be served and complied with and which is easily to be supposed and must fall out where are two Soveraign independent Powers over one and the same Subjects This Mr. Hobbs aggravates as that Kingdom divided in it self and cannot stand it must necessarily distract a People and expose them to the greatest inconveniences 't is a dividing the Soveraign Power here is a Supremacy against Soveraignty Canons against Laws a Ghostly autority against the Civil two Kingdoms and each Subject to must obey two Masters who both will have the Commands observ'd as Law which is impossible This he places among his other effects of an imperfect institution is reckoned up and urged by him among the Infirmities of a Common-wealth nay more as what is against the Essence of it in the number of those things that weaken and tend to its dissolution Leviathan Part. 2 cap. 29. And all this as objected by Mr. Hobbs is easily answer'd and has been over and over again in this Discourse for it proceeds alone upon that false precarious supposition and pertinaciously resolv'd upon Principle of his and his other Friends above reckoned up as Erastus Selden Salmasius c. which have formerly perplexed the World therewith and still do in their Adherents That there is no Power but what is outwardly cogent upon mens Persons or Estates or Liberties working by sensible force and impressions no other Kingdom but what is of this World unless a Kingdom of Fairies in the dark as Hobbs ridicules it for thus he argues against Bellarmine and concludes his Enquiries all in vain whether the Power of the Pope of Rome ought to be Monarchical Aristocratical or Democratical because all these Powers are Soveraign and Coercive and consequently none of them can belong to him as from Christ Part 3. c. 42. And hence he argues on in the next Section For if the Supreme King have not his Regal Power in this World by what autority can Obedience be required of his Officers with abundance of the same almost every where But yet because there appears some shew of objection in the thing it self and it may fall under some doubt with a less but conscientious considering Person whether it be likely and also consistent with obedience to and the ends of Government that two such Powers both obliging should be erected over one and the same
were made Law and establish'd by the Civil â—…veraign and they were to thank God it was no worse and did the King command to adore the Linnen or Font or Tables themselves they are not to gain-say and affront because affronting Laws and Magistracy to pretend to a farther obligation from Conscience and to oppose even a false Religion or to make Proselytes to their own though they be never so sure they are in the right is to be guilty of gross hypocrisie without an extraordinary Commission from God to that purpose they are no more obliged to do it here at home than to go into Spain or Italy or Turkey and there make Converts and which no Protestant holds himself obliged to do Sure I am the Bishops had had more Justice done them than they found in the Sermon and it seems very unequal that they should be supposed to redress and be left wide open to a popular Odium because not doing what never was in their Commission what would have been their gross hypocrisie in attempting because having neither an extraordinary Commission for it nor hath the Providence of God made way by the Permission of the Magistrate and all that can be reply'd is this that Mr. Dean chang'd his Judgment upon the writing his next Sermon which he hath declared to be by Nature mutable and thereby has this advantage is always ready for better information or rather to act the Aecebolius as occasion and to do him all the right I can this is to be said for him that he dissents from Mr. Hobbs something in this very passage of his Sermon for the inference on his side is strong that where extraordinary Commission by Miracles is evidenced a false Religion is to be opposed and the true one to be Preach'd though the Magistracy and Law be otherwise which Mr. Hobs will by no means allow he will not permit it to the Apostles Leviathan Part 3. Cap. 42. but then how Mr. Dean will avoid this Consequence that there is no Church Power on Earth nor is it lawful for any one to Preach the Gospel when it is not Law by the Civil Soveraign since those Miracles which alone were in the Apostles time and which is though less of it every whit as rank Hobbism I have not sagacity enough to see that he desires to do it is not very certain all that can be said for him is that he seems to have been but raw in the Controversie and is ready as all such ought to be to submit upon better Information and to which if these Papers contribute they so far answer the design of the Author BUT whatever either Mr. Hobs or his Adherents § VII have wrote or preached sure we are our Saviour calls for Confession before Men for the owning asserting and publishing his Truths and most of all then and most publickly when mostly opposed with the greatest hazard and jeopardy even before Kings and not to be ashamed when the Kings of the Earth stand up and the Rulers take Council together against us and Christ risen from the Dead is not only to be believed in the Brain and Heart but to be confessed too with the Mouth if Salvation the effect of it as St. Paul tells us 1 Cor. 10. whatever anteceding Law against us or what Power soever enacting 't is our very case now as was St. Peter's in the Acts and we are to obey God and not Man And as sure I am also that this was the Practice of the succeeding Holy Fathers and Professors of the Church in the best Ages of it who still opposed whatever Religion was false by what Law soever established and abetted and still possessed and preached the true in opposition to it with the hazard of whatsoever was merciless from this World could attend them for it Nor was it then thought a Contempt or Affront to the Persons or Laws or Offices of the Civil Magistrate nor was it believed so to be by the Empire it self where satisfaction desired or enquiry made as appears particularly in the days of Trajan who ceased his Persecutions and Jealousies too being well assured that they met before day to Pray and give Thanks to and Praise God and Christ covenanting against Adultery Murder and such like Iniquities 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and that they acted nothing at all against the Laws and the Government was not affronted nor endanger'd by it an account of which is to be seen Tertul. Apol. c. 1. and in Eusebius his Church History Lib. 3. c. 33. and not to Profess Christianity was to deny it and nothing but that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that second Baptism as 't is call'd in Sozomen's Church History that initiation or entrance by a new Engagement a thorow Change and severe Repentance could give again a Name or Interest in Christ replace such among the Candidates for Heaven And those that offered at the Heathen shrines at the Command of the Emperor that fell away and disown'd the Faith in the time of Persecution were not received nor had their Libellum Pacis admitted to a Reconciliation and Unity with the Church but upon severest Penance and a larger trial of after-adherency and such were never admitted into Holy Orders to any Charge or Publick Power in the Church or if in Holy Orders before he was deposed for ever of so much blacker a guilt was it not to Preach Christ than not barely only to confess him however Mr. Dean places no Duty at all in it but the quite contrary as appears all along in the Story of those times and the Rules and Canons of the Church made occasionally on such accounts And we have instances in some that when dragg'd to the Idol with Cenfers in their Hands and there forced to offer as it was one of the Devices of the Devil thus outwardly to gain Countenance to his Worship Men of greater Eminency in Christianity being reserv'd for this purpose and whose Examples were more prevailing and apter to perswade being represented as such that had freely offer'd these Christians did not satisfie themselves in their own innocency and that the Church did so repute and receive them but when released openly declared the force in the face of the Magistracy and their greatest Conventions and were again laid hold of for it went immediately to the stake or the Beasts suffer'd Martyrdom for it though the Laws of the Land Prohibited it and the doing of it was Death though indulged by the Church and the present Circumstances indemnified if not done yet all did not perswade when but in shew to the World their Christianity was not own'd and to the appearance of many denied by them they could on no other terms believe themselves Christians nor consequently design to live upon Earth than as on Earth they confessed their Saviour before Men on this account only did they expect that Christ should own them before his Father which is in Heaven And they were only the worst of
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
all to his purpose but on the contrary are all against him himself has given so good an account of it that nothing needs here to be added but the recital of his own words whatever Power there is executed in the Church Semper à jure Anglicano civili temperatum est restrictum ut inde planè modos suos limites perpetuò receperit pag. 387. receiv'd modes and rules and limits by the Laws of the Land Prohibitions and Injunctions in order to a search and enquiry whether not destructive to the Prince to the Justice of the Subject and into the merit and demerit of the Cause or Person all follow as naturally as any thing in the World that in a Christian Kingdom where the Church is protected the Power of her Officers asserted and maintained its Acts and Executions assisted and abetted licensed and indulg'd in every thing that may be advantageous to the promoting this Power rendring it considerable and effectual as in the first design institution and purpose of it that the Prince do not wholly denudate and divest himself by his Grants and Concessions that the Church receive Rules back again and not act independently but with a regard to that arm which thus upholds her and 't is to be the care of a Prince that as not himself so nor his Subjects be burdned and oppressed with the vexatious proceedings of the Courts Ecclesiastical by Excommunications or otherways But then as to the force of Mr. Selden's Argument on this Concession I 'le only here use the words of Mr. Thorndike in his Treatise of the Laws of the Church Cap. ult pag. 394. But will all this serve for an Argument that there is no such thing as a Church in the Opinion of Christendom but that which stands by the acts of Christian Powers because they pretend to limit the abuse of it when as the very name of Ecclesiastical Jurisdiction in the Title of those Books and those Actions is sufficient Demonstration that they acknowledge and suppose a right to Jurisdiction in the Church which they pretend to limit as the neither Church nor the rest of their Subjects to have cause to complain of wrong by the abuse of it And since Mr. Selden has here Pag. 387. instanced in the first Christian Emperors wee 'l accept of their both rules and limits Laxations and Temperatures as he calls it and who as they never attempted to Excommunicate in their own Power and Persons so neither did they obstruct or declare against in their Laws the Divine immutable Right and Precept of its Institution as is plainly made appear in my Treatise above about it and all that which Mr. Selden has brought to the contrary is only some shew of words and expressions which he has wrested to his purposes as he does here in our Statute-Book and that which he brings of the Rump Parliament Pag. 387. and that Excommunicationi Presbyterali retinacula repagula quae egride ritè ea nequiret diversimodò prudenter assignabant c. they gave Laws and Rules to the Presbyterian Excommunications in their Assembly at Westminster and which though not without some Arguments to the contrary were submitted unto and also of Geneva it self whose Church-Power was thus limited in its Proceedings by State-Rules and for the better Security of the Power all this proves nothing less than what he designs and produces them for for these are the very Men and particular Incorporations as to Faith and Discipline he instances in Pag. 325 326. who assert and defend Excommunication as subjected in themselves and instituted by the preceptive Command and positive Appointment of either Christ and his Apostles or of both and the Inference thence can be only this That a Subordination to the Christian State and submission to the Rules of Policy in the Execution for order and conveniency and the more effectually compassing the end of the Ordinance is not inconsistent as such with the Gospel-Institution it no ways invests the thing it self or Original Power in the State and that which the Assembly-men demurr'd upon when the Parliament laid their Restrictions in all Probability was not that it enterfeired with the Divine Right or encroach'd upon it but as inconsistent with that Omnipotent Power and Self-existent their aim was to erect in their Presbytery or Consistoritorian Seigniority made up of Lay and Church Elders as accountable to none but themselves or the Classis or Synod for the Proceedings of such their Parlour whether King or Parliament demanded it all being there but Subjects that were not by Election of that precise Order and Fraternity and as unlucky an instance he has brought above Pag. 320. out of the Parliament of Scotland III Jacob. VI. Cap. XLV that the Parliament did there Excommunicate also a thing so abhorring to the Kirk and every ways disagreeing to the both humour of those People and it s then present Constitution as reformed by Buchanan and Knox in the height of Calvinism that no one that valued the Reputation of his Book among but easie considering Men would have inserted such a Quotation and yet it serves as well as five hundred more do with which his Margin is all along stuffed § XVI THE next Reason given why there is no such thing as Church-Power distinct and apart but is derived from the Crown is because that Erastus his Works were Licensed by Autority and Printed in the days of Queen Elizabeth by John Wolfe the Queens Bookseller and it stands so Entred in the Booksellers-Hall at London to this day De Syned l. 1. c. 10. Pag. 486. to which I answer that every Book Printed by Richard Royston His Majestie 's now Bookseller and Licensed by Autority is not therefore to be necessarily the sense of the Autority of the Kingdom and the same Latitude was in Licensing Books in the days of Queen Elizabeth as has been since and the same liberty taken Nor is it cleer that the Book was really Licensed by Autority from what Mr. Selden says for the Entrance into the Booksellers-Hall only is that it was reported by Mr. Fortescue to be allow'd by the Archbishop of Canterbury 't is not said that the Archbishop's hand or the hand of any other in Autority was set to the License and Books are not usually Entred for the Press upon a Report that they are Licensed but when a Licence is really not to be had and the Bookseller contrives as good a Plea as he can for his false Entry and surreptitious Impression what is added that the Archbishop had the Book in his Study fairly bound and with a Golden Motto on the outside of it will not do because Heretical it was not fit for many other Studies than his and which is the only thing else urged by Mr. Selden that he Licensed it yet admit it was Licensed duly whether by those viri summi of the Ecclesiastical Order and great Statesmen who got the Copy of Erastus his Widow or of
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
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 ownâ—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
Acts of Charity we know are to cease in respect of Acts of Justice nor does the Practice of Charity oblige at all but as qualified and in set Capacities every one is to give as he is able and yet both oblige in their kind and order and the engagement is always the same and perpetual the former is not null'd by reason of the present incapacity or doth it end with the Cessation as to Practice or hath the veriest Lazar a Charter thereby for inhumanity And upon the same account it is and the Parity of Reason that even particular Acts of the Positive Institutions and Worship of God give way to Obedience to Governors and when the common Political good of Mankind is engaged as I shall have occasion to instance farther hereafter Upon these accounts it is that the Laws and Magistracy are not to be affronted or contemned nor can the Magistracy it self subsist with the Church upon other terms Obedience is to be preferr'd before Sacrifice the positive Appointments even of God himself and much more may the Obligation cease and which created in us a Duty in Laws purely Humane and Ecclesiastical 'T is true these Powers did never yet clash or break out into publick Oppositions from the time that the Empire became Christian and so along in the best and flourishing Ages as is above observed the Empire still consulting the Church and her Canons were made Law or if otherwise and some particular Indulgences and Abatements there was as to Church Duties by good Emperors upon the score of their alone Imperial Power granted as some there was upon what rules of Policy and Necessity is not now needful to enquire and which we have reason to believe the Church never consented to and to be sure there was no antecedent Canon to go by yet we know this that the Church submitted and her Discipline was so far relaxed and abated thereby Constantine the Great was always a favourer of the true Catholicks and upheld and maintain'd them in each their Privileges and Immunities suffering no one Sect to advance above to oppress and invade them and yet he sometimes gave Indulgencies to all Sects whatever the Heathens not excepted and laid Penalties upon none because of their Religion and the Novatians in particular had again special favour when all other Conventicles were put down Euseb Hist l. 10. c. 5. De Vit. Constant l. 2. c. 59. Socrat. Hist l. 5. c. 10. and that they had their Churches in Rome it self and flourish'd there in many Congregations and with great Auditories Socrates also tells us till removed by Pope Celestinus l. 7. c. 11. and that most Pestilent Sect of the Donatists all along condemn'd by the Catholick Church was so long indulg'd by Constantine till incourag'd by his Mercy they brake out into Tumults and Seditions and the Empire was unsafe even shaken by them the Natural effect of all Schisms and there was a Necessity for recalling their Grants of Liberty as aso by their other continued outrages upon all that was Sacred and Separate whether Persons or Objects all which is to be seen at large in Optatus and Saint Austin especially Lib. 3. Cont. Cres con Donatist or he that desires an account of them more briefly let him read it given by Vallesius in his Treatise entitled De Scismate Donatist bound up at the end of his Eusebius Church History Now in these Cases the Church Power and Laws are to cease in part in the Execution though the right remains nor were they so exercised against these Schismaticks as otherwise they ought and would have been If God's Name cannot be glorified on Earth in that decent befitting reverend useful way agreeing with his Nature and Worship and our relations to him and the whole Earth be filled with his due Praise at once the Church Power and Laws which provide that it may are not to be stretched beyond those Designs for which she is endowed with a Power for Sanction nor can any Society suppose themselves obliged to promote by such means as God never put into their hands the holy Bishops therefore and good Christians of old praised God for the Liberties and Advantages they had in their own Persons and Congregations adorning their Professions by Zeal and good Works they could not remedy in others what Power and Laws which they had not did indulge and indemnifie them in Or if this by a Law he denied to themselves the Laws purely Ecclesiastical were never design'd nor urg'd so to oblige against the state as that the particular Practice is in the immutable indispensable Duties for Heaven and in such cases 't is only their equity reasonableness higher use and advantage in the Christian Worship is to be insinuated pleaded and perswaded unto Autority over mens Persons or Actions was never placed in Church-men nor has it any other influence or effect upon either than to exclude them the Kingdom of Heaven nor will omissions of this Nature and under the same Circumstances amount unto that nor can any man lose his Heaven for it it may be a Sin in such as with too much liberty or too little regard indulge or restrain or in such as too gladly accept of it to the neglect or abuse or contempt of the Service of God but there can be none in those where Necessity lays the force and the harder terms and obligations from the Powers of the World makes the intermission and Vacancies in the Performances § X TO say the whole and alone Power to make Church Laws and six Rules in God's Worship is in the Prince is against the supposal that the Church is an Incorporation by Divine Appointment with its own Laws and Officers a City within it self with its own Rules for Unity within its self and those that place all here and such there be and urge the unreasonableness of Separation upon the account of things indifferent because against the civilly established Polity of a Nation which has appointed their present use and observancy seem to make the terms for Unity and Compliance too wide as others do too narrow and the accidents of the World may occasion inconveniencies insupportable the very naming it is Scandalous that a Christian is originally engaged by his Profession to receive Rules in Holy Worship from an Atheist or a Mahumetan for such Persons may be and so then it must be upon these Principles 't is one thing to want what ought to be or what is most useful through an undue Administration of Justice and which my Religion may engage me to undergo and quite another thing to be antecedently engag'd in their Determinations Nor again on the other hand can the Church be supposed to ingage immutably and peremptorily by those Laws of her own though never so apt and useful to the Practice of which the Persons and other Advantages from the World are necessary and which she hath not in her Power as she is a Society of our Saviour's Institution