soli since the old Ones are Legally Depriv'd I must here observe that among all the Fathers there is no one speaks more for the Concurrence and Consent of the Laity in Matters relating to the ordering and governing of the Church than our Author St. Cyprian He declares in many places that he would not do any thing in this or that Matter relating to the Church till he had consulted both his Clergy and Laity as particularly in the Case of the Lapsi And he thinks it not onely convenient but necessary for a Bishop to do so For He together with his Synod call Therapius a Bishop to account and severely reprimand him for presuming to admit into the Church a Presbyter that had laps'd without the Consent of the Laity From this Example it is further observable that tho St. Cyprian speaks so much for the Equality of Bishops and that they are not responsable to one another for what they do as Bishops as in the Case of the Lapsi yet neither his own nor the general practice of his Age did truly agree with what he says By what Authority did St. Cyprian and his Synod pretend to call Therapius to account a Bishop as well as themselves How could they pretend to have Power to turn that Presbyter again out of the Church as they plainly intimate they had They deriv'd you will say this Authority from the Consent of the Church So Patriarchs Metropolitans Arch-Bishops are set over Bishops by the Consent of the Church tho' by Christ's Institution all Bishops are equal Query Whether the Consent of the Church of England were there nothing else to be alleg'd be not enough to justify a Lay-Deprivation If a Patriarch or Metropolitan can Deprive a Bishop by the Authority of the Church why may not a Lay-Iudge do the like I shall close this Discourse concerning the Authority of that Father with that Question or Expostulation which I find in St. Augustine his 48 Ep. to Vinâ—entius the Rogatist a Sect of the Schismatical Donatists who had laid a great deal of Stress on the Authority of that Father for the Doctrin of Re-Baptism If you are delighted says he and so say I to our Adversaries with the Authority of the holy Bishop and glorious Martyr Cyprianus which we do not hold to be equal to the Authority of Scripture why do you not imitate him in this that he held Communion with the Catholick Church spread over all the world and defended the Vnity of it by his Writings In the same Epistle having quoted that place of St. Cyprian where he praises those African Bishops that refus'd to re-admit Adulterers into the Church yet did not break the Peace of the Church and separate from those that were of a different Opinion he adds what likewise we may well say to our Quoters of St. Cyprian What say you to this Brother Vincentius You see that this Man this peaceful Bishop and most valiant Martyr was not more concern'd for any thing than least the bond of Vnity should be broken As the Authority of the Civil Power of which we have hitherto spoken is agreeable to Principles and Reason so likewise is it to the Practice and Sentiments of the antient Church To make this appear and to put an End if it be possible to this Controversy I shall present you when occasion is given with A History of that Authority viz. of the Civil Power over Ecclesiastical Persons as well in Depriving as in otherwise punishing throughout all ages more especially that of the first Christian Emperour I shall treat concerning that Matter with all the Fairness and Impartiality that becomes a faithful Historian and a real Lover of Truth concealing nothing that may seem to make for the Cause of our Adversaries Yet this I shall demonstrat that tho in the time of Constantius some persecuted Bishops were pleas'd to deny that the Emperour had any Autority at all over Bishops yet the Emperour Constantine himself so great a Lover and Honorer of Bishops as he was and likewise the succeeding Orthodox Emperours did oftentimes Judge and Deprive Bishops by their own bare Authority That the Church in the time of that Emperour as well as in after Ages submitted to and acknowleg'd that Authority That those Ecclesiastical Canons which ordain that Bishops even for Political Crimes are to be depriv'd onely by Bishops did never oblige any Secular Government but as they were allow'd off and so made Laws by that Government I could willingly give you a Forecast of a few illustrious Examples of Bishops depriv'd by the Emperour 's sole Authority and the Church's owning and acknowledging that Authority but I find I have already exceeded what first I design'd on this Subject and have done like a great many others who designing onely a Lodge have been in danger of building 'em a Seat I shall now proceed to the second general Proposition which our Adversaries are desir'd to make out which is this 2. That it is agreeable to the Practice of the Ancient Christians for a Bishop unjustly depos'd whether by the Emperour or by Bishops to withdraw himself from the Communion of his Successor tho' his Successor were not a Heretick Let this be their Proposition If they prove not that they prove nothing And the contrary is plainly demonstrated in our Treatise There are Two things you tell me besides the Canons above spoken off which our Adversaries are wont to allege in Answer to that Treatise They First endeavour to weaken the Authority of it and Secondly they pretend that the Examples which it produces are all of Bishops Synodically depriv'd and therefore not to our Purpose In answer to this second Exception I shall undertake to demonstrat these Two things 1. That the Ancients had no greater regard to an unjust Synodical Deprivation than they had to an unjust Imperial Deprivation 2. That several of those Bishops that are mention'd in our Treatise were not Depriv'd Synodically or by Bishops but by the Emperour 's sole Power and Authority Neither did they resign their Bishopricks but were violently turn'd out As for the Objections of our Adversaries against the Authority of our Treatise tho' I know not of any Treatise of that age and nature that deserves to be more esteem'd yet to wave all impertinent Disputes and to shew that what we assert is not grounded on that onely Bottom we will fairly make 'em this Offer We will lay aside if they please the Authority of that Treatise and enter the Lists with new Weapons This is the Prâ—position we shall take upon us to demonstrat That its contrary to the general Practice of the ancient Bishops to recede upon their being unjustly Depriv'd whether by the Emperour onely or by a Synod from the Communion of an Orthodox Successor I say the general Practice That 's enough for us to demonstrat For what if our Adversaries can produce us one or two Exceptions How will that excuse Bishops who have
That that same Council consisted of so many Bishops as to be call'd by Balsamon the learned Patriarch of Antioch 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a General Council And thus much Sir for our Canons The next thing I observe in your Letter is what you tell me concerning a very learned and elaborate Answer which you say is ready to be publisht and very much talkt on against the Oxford Antiquity As for that Sir It is no News to Me and no more than I ever expected You know there must somewhat be said That 's a Business of course And Schism is a Thing of so ugly and horrid an Aspect that it is not a Wonder if They that have rashly espous'd it think fit to give it a Paint tho all the World knows It is not its Natural Colour and it plainly appears to be Dawbing We have been now so Civil and Gentile to our Adversaries as to clean our selves of that Dirt which they themselves cast upon us before We are to enter upon the Struggle You may tell 'em Sir We are ready and prepar'd to close-in whensoever they please to come on We are not Concern'd at what you say That They are Great Men Men of War from their Youth For what avail the greatest Abilities what avails the strongest Confederacy when a Cause is not capable of Defence What avails a great deal of Strength when like Milo they are caught in an Oak It is not Sir to be admir'd that they that are engag'd in this Schism are so little mov'd and perswaded by the many Examples of those Great and Excellent Bishops which the Oxford Antiquity presents ' em You cannot but know of whom it was that St. Ierom uses those Words I know very well their Temper that 't is easier to conquer 'em than to perswade ' em 'T was you know the Luciferian Schismaticks of whom he speaks so And St. Augustine I remember makes Complaint of Emeritus the Champion of the Schismatical Donatists that tho in the Conference between 'em he was so far Confounded as not to have a Word to say yet he still continu'd in his Schism as if He himself had been Conquerour As it is a particular Complexion and a great and strong Temptation of either Resentment or Ambition or the tickling Satisfaction of being at the Head of a Party that must hurry a Man on to so great a Sin as a Schism so it must be a peculiar Grace that reduces one It is not your carrying a Light that will make a Man follow you not the shewing him the Road that will make him go right unless he has a Will to be directed It is therefore I say no matter at all of Wonder if those many Examples and Authorities of the Oxford Antiquity have not met with that agreeable success which a Man unconcern'd might very well have expected And when I tell ye We are ready to assert and defend that Doctrine which our Treatise advances against all the Opposition which our Adversaries threaten We are far from engaging to open a way for it to our Adversaries Hearts That I fear is scarce to be expected more especially of those whose Pens are now engag'd in the Defence of their Schism For they be Writing still make make it more hard to be convinc'd and suck like the Orator of old a fatal Poison out of their own Pens In short Sir I must tell ye The Place before which we ly has to Me no other Appearance you will pardon Sir the youthful Comparison but that of a Castle Enchanted and I shall not pretend to be so Romantick a Champion as to force it to a Surrender Tho we know all the Arms it can possibly make use off are very Weak and Insignificant tho the Walls that look towards us are extreamly thin and without any manner of Foundation Whatsoever our Weapons may be or our strength and dexterity in using 'em There is still a SPIRIT within that will keep it from being taken Yet this I shall dare to pretend to I shall dare engage to discover the Weakness of the Place and to Throw up such Works round about it as may hinder like a Circle the Sallies of the Obstinate Spirit and secure all those that are yet without from the Charms it may lay upon ' em That We may not run on and mispend our Time and Abuse the Patience of our Readers by Discourses not properly pertinent and close to the Matter depending When you meet with any of our Learned Adversaries the Emeriti of this Schism who you say are publishing an Answer to our Treatise and writing a Defence of their Revolt Be pleas'd Sir to 〈…〉 desire 'em to demonstrate if they can the Two general Propositions which follow 1. That the Civil Government has not any Authority in it self to deprive a Bishop of his Bishoprick who refuses to own it and to submit to it And here they are desired to consider that the Civil Power or the Temporal Governors are no less of God's own Institution than Bishops or the Governors of the Church that both are equally Iure Divino with this onely difference that the former are instituted by God for our Peace and Happiness here in this World the latter to conduct us to Happiness in that which is to come That the Secular Government is antecedent to the Spiritual That when Christ came into the world to establish a Church he came not to abolish any Law that was necessary for the support of the Secular Government not to set up a Church that was any ways opposite to it But that he himself submitted to the Secular Government which he found establisht and commanded his Followers to do so That after his Death the Apostles likewise did so and commanded likewise all their Followers and Successors to do the same to submit to the Temporal Power as the Ordinance of God It is plain that our Saviour by establishing a Church intended the establishment of such things onely as might well consist with the Safety and the Essentials of Government From hence it follows that none has receiv'd any Power or Commission from Christ to preach the Gospel or to preside over the Church in any Country but with this Supposition and on this Condition that he own and submit to the Temporal Government which God has ordained in that Country It is I say with this Supposition That he gives his Bishops and his Ministers a Commission to preside over the Church and to preach his Gospel in such or such a Country It is upon the same Condition that the Church appoints 'em to preside or preach in that Place and it is upon the same Condition that they are receiv'd allow'd off and protected by the State If therefore they fail of the Performance of that necessary Condition their Commission then ceases as to that particular Government which they cannot or will not submit to They become Deprivable by the State and the Church is to
constitute others who are willing to submit to the State and whom the State shall approve of as fit to be trusted by it in that Post. Thus for Matters of Heresy Christ has given no Authority to any to preach in his Name or to govern in his Church but on this Condition that they preach and maintain the true Faith If that Condition be not observ'd the Church is then to deprive ' em In the Case of Heresy it belongs to the Church to Deprive that being the proper Judge of that Question What is the true Faith In the Case of Rebellion or of Non-submission to the Government it belongs to the Government as being the proper Judge of what is necessary for its own Support I lay down this as a Principle on which both the Power of the Church of Depriving for Spiritual and likewise the Power of the State of Depriving for Political Crimes does depend Query What Security the Civil Government which is God's own Institution and antecedent to the Ecclesiastical can have if a Bishop that refuses to own it and to submit to its Authority may not be Depriv'd by it What Security can it have Especially considering that Men of that Character are generally Persons of very great Power and Authority and may easily go a great way in the Subversion of a Government by the Influence of their Eloquence and their great Reputation for Learning and Piety In such a Case is the Bishop to be Depriv'd by a Synod of Bishops Here a Second Query will follow What if all the Bishops that are under a Government should conspire against it And what if we suppose that there 's onely one Bishop within the Bounds of that Government a thing that has often happen'd What must be done in that Case Will our Adversaries grant that supposing a Bishop should conspire against the Government or Rebel the Government has Authority to imprison him or to banish him but not to Deprive him of his Bishoprick so as that another may be plac'd in his See If this be the Plea of our Adversaries I shall then desire to be satisfied in one Query more How does this consist with the Nature and End of Church Government How can He continue a Pastor that is utterly banish'd from his Flock and render'd utterly uncapable of doing the Duty of his Charge Shall the Neighbour Bishops be his Delegates and act by his Power and Authority But what if we recur to our former Supposition that all the Bishops of a Kingdom are Rebels When they are all banish'd by the State who then must govern the Church Who ordain and do other Duties that are proper to a Bishop Or supposing that there is but one Bishop when he is sent into perpetual Banishment how must his Office be supply'd When in the first Planting of the Christian Religion in the several Parts of the World there was onely one Bishop in a Country as at first in many Countries there was onely one if that one had been banish'd for Rebellion pray what should the Christians there planted have done Should they have liv'd without any Bishop during all his Life that was banish'd or ought they not rather to have got a new one to govern 'em to supply the Church with inferiour Clergy and the like Here Sir I shall put you in mind of those words of the great St. Chrysostom which are urg'd in the Preface to the Oxford Antiquity when he was unjustly banish'd he charg'd his People That as they hop'd for Salvation they should be obedient to that Bishop who should succeed him as to himself For the Church says he cannot be without a Bishop And yet it is certain that that great Man did never resign his Bishoprick but continued to act as a Bishop of the Catholick Church during all the time of his Banishment that is as long as he liv'd I shall onely add that if the Banishment of a Bishop be not design'd to be perpetual as that of St. Chrysostom was but onely for a Time then there may not be any Necessity that another should be plac'd in his See And this was the Reason why when St. Athanasius the Patriarch of Alexandria was banish'd by the Emperour Constantine there was no new Patriarch created That He was banish'd onely for a Time and that the Emperour Constantine intended to recall him and to restore him to his Bishoprick is expresly attested by the Younger Emperour Constantine in his Letter to the Church of Alexandria by which he restores him to his See Who adds that he himself by restoring him did onely fulfil his Father's Will who he says would have done it himself if he had not been prevented by Death And Pope Iulius in his Synodical Epistle to the Synod of Antioch concludes That the Emperour Constantine did not fully and perfectly condemn Athanasius because there was no one put into his Place during the time of his Banishment If says he He had fully condemn'd him his See would have been dispos'd of to another The Solution Sir of these Queries which I have propos'd will prove if I am not mistaken a Work of no great Ease I should gladly see the Knot fairly untied without any Cutting and Violence We will see on the contrary if you please how easily those Knots may be loos'd which our Adversaries are wont to present us as the greatest effects of their Skill Ob. 1. How does it consist with the Safety of the Church and of Religion if the Secular Governour has Authority to turn out a Bishop Then all Bishops may depend on his Sentence and the Church and Religion be precarious An Orthodox Bishop may be depos'd and a Heretick placed in his See Ans. It cannot be avoided but that the Church and Religion must be always in some measure Precarious and depend upon the Civil Magistrat If the Governour be an Enemy to Religion there is no avoiding Oppression wheresoever we lodge the true Power of Depriving a Bishop Now to answer directly the Objection If the Civil Governour should turn out our Orthodox Bishops and put in Hereticks in their Places or put in none at all in their places then the Church is obliged to adhere to the old Ones turn'd out or if there be a necessity to procure new Ones that are Orthodox Thus if the Civil Magistrat should forbid the Christian Religion to be preach'd in his Country he is not to be obey'd because it is the Will of our Saviour that his Gospel should be preach'd to all Nations as far as the Preaching of it does consist with those Rules that are truly essential to Government And when Decius the Emperour aim'd to root out the Christian Religion in the City of Rome by destroying the Bishop Fabianus and forbiding that any new Bishop should be Created in his Place there was no Obligation on the Christians of that Church to obey his Will or Decree since they did not pretend to choose such a Person