But to what purpose is all this Stuff Are we to judge of our Constitutions by the blind Tale of a little Historian or the contradictory Saying of an old Moth-eaten Lawyer who wrote in diâ—â—icult Times trod upon Thorns and was under a kind of Necessity to write so as that he might avoid the Rage of the several incensed Parties What a woful Condition are the People of England in if they must look five six seven or eight hundred Years downward for what they are to do now and to learn wherein and how far they are to obey their King Such Things fall in few Hands and are read by fewer and perhaps well considered by fewest of all Will Mr. Johnson have the present State of Affairs reduâ—ed to what was so long since Or will he be content that his Almighty House of Commons should be lâ—id aside because there was no such House at the time from whence he seâ—cheth several of his Authorities or at least not such a House as is now under the prâ—sent Constitutions And therefore I must beg his Pardon if in this case I little regard his far-fetch'd Stories and am bold to tell him that we are not to be ruled or guided by odd Remnants of Antiquity in this matter but by our present Constitution and if he can make that agree with his Old Stories he will go near to carry the Cause but if he cannot then both he and all the Revolutionists will stand for ever condemned by it Now I know not how to come to the knowledg of our Constitutions better than by our Laws and then for a Protestant Kingdom it may be convenient to look so high as the first establishment of Religion under that odd Title and to compare and view the agreement of our Laws all along from the first enterance of the Protestant Religion to the very time of King James's pretended Aâ—dication And here if I go so high as Henry the 8th 〈◊〉 I think I need go no farther than Queen Elizabeth and so trace Things to our own Time we shall thence learn the present Obligations we lay under when this Revolution came upon us I am not willing to create a Quarrel whether Henry the 8th were Papist or Protestant I will freely give the Papists my share in him For he that so â—obb'd the Churches that many Parishes have not Revenues to find a Minister Bread and burnt Protestants because they would not become Papists I think is much fitter for them than for us But be he what he will I cannot find that either he or his Parliament owned Mr. Johnson's Doctrine In the â—â—th of his Reign cap. 12. you will find it thus Enacted Where by divers sundry old Authentick Histories and Chronicles it is manifestly declared and expressed That this Realm of England is an Empire and so hath been accepted in the World governed by one â—upream Head and King having the Dignity and Royal Estate of the Imperial Crown of the same unto whom a Body Politick compact of all sorts and degrees of People divided in Terms and by Names of Spirituality and Temporality been boundâ—n and owen to bear next to God a natural and humble Obedience Here a Parliament declares him 〈◊〉 subjects him to none but God and in the next following Words gives him plenary whole and intire Power Pre-eminence Authority Prerogative and Jurisdiction And this they declare to be no new thing but to be taught by old Histories and Chronicles whose authentickness they vouch Now one would think that such authentick Histories and such Vouchers should make a better Authority thâ—n Mr. Johnson's Knighton But it is so well known what Authority Henry the 8th challenged and was owned by his Subjects that I need not insisâ—â—pon it Had our Author come abroad then with his new Inventions he himself perhaps would have found little better usage than Dr. Burnet's Pastoral Letter As for King Edward the Sixth we do not find that he any ways departed from the Authority his Father left him but though a Prince of great Hopes and pious Inclinations yet by the Seducements of some ill Persons about him entered farther upon the Ecclesiastical Authority than ever his Father did how justly I leave others to judge I cannot commend it And then for Queen Mary all Dignities Prerogative Royal Power Pre-eminence Priviledges Authorities and Jurisdictions are as fully wholly absolutely and entirely invested in her as in her Father or any her Predecessors by the Statute 1 Mariae Par. Sec. Cap. 1. To avoid tediousness I shall only touch upon such Statutes as speak home to this purpose and now we come to that which all sorts of Persons except Papists as with one Month stile the best Reign I mean the admired times of Queen Elizabeth in the first Year of whose Reign the Oath of Supremacy was enacted or rather revived in which amongst others are these two things asserted 1st That the Queen's Highness is the only Supream Governour of this Realm and of all other her Highness's Dominions and Countries as well in all Spiritual or Ecclesiastical Things or Causes as Temporal 2dly That no Foreign Prince Person I relate State or Potentate hath or â—ught to have any Jurisdiction Power Superiority Pre-eminence or Authority Ecclesiastical or Spiritual within this Realm By the first her own Subject's Hands are tied up by the second the Usurpations of Foreignes are excluded She could not be Supream much less only Supream if any Men or body of Men in her own Dominions had a Superior Power to depose her and it being not only their Duty but they also farther obliged by Oath to assist and desend her in this Supremacy and this Oath and Statute being transmitted in force to all her Successors any attempt by them to the contrary must necessarily be invalid and unlawsul And those who have a mind to know the Penalties which the Law insticts on Offenders in this kind may at their leisure read them in the same Statute Let us now desâ—â—â—d from the Reign of Queen Elizabeth to that of King James the First and in the Act of Recâ—grâ—tion Anno 1. Jac. 1. cap. 1. after a long dutiful and humble Prâ—â—mble it is thus said We being bounden thereunto both by the Laws of God and Man do recognize and acknowledg and thereby express our unspeakable Joys That immediately upon the Dissolution and Decease of Elizabeth late Queen of England the Imperial Crown of the Realm of England and of all the Kingdoms Dominions and Rights belonging to the same did by inherent Birth-right and lawful and undoubted Succession descend and come to your most excellent Majesty as being lineally justly and lawfully next and sole Heir of the Blood-Royal of this Realm as is aforesaid And that by the Goodness of God Almighty and lawful Right of Descent under one Imperial Crown your Majesty is of the Realms and Kingdoms of England Scotland France and Ireland the most potent and mighty King and by God's
measure executes it self So that Excommunication ipso facto is Excommunication ab ipso jure sive sententiae a jure latae and is so call'd in Contradistinction to Excommunication ab Homine sive Judice where the definitive Sentence must be waited for and pronounced before the Excommunication can take effect From what hath been said it is evident that the guilty Person in this Case is immediately in the state of Excommunication so that he ought not to thrust himself into the Communion of the Ch. it being a thing which belongs not to him and to which he hath no Right and from which he can receive no Benefit but ought to put himself into the state of a Penitent to bewail his Fault and make what Satisfaction he is able and to endeavour his Reconciliation to the Church upon such Terms and Conditions as the proper Judge in that case shall think fit for that end and purpose of which a true and hearty Repentance so far as Man can discern is always one But then whether all Persons are bound to treat this Person as an Excommunicate is another Question Indeed if he as he ought confess his Fault declare his Condition and bewail it there can be no doubt but that others though they may pity him yet ought to treat him as an Excommunicate till he be restored by due course but then it too often happens that the Fact is hid and secret or if the Fact be known yet the Criminal is not or if both Fact and Criminal be known yet it may not be known or but to few that there is any Canon or Law which ipso facto puts such a Person under Excommunication yea after all though Fact Criminal and Canon be known yet it may be a doubtful and controverted case whether the Crime be within the Verge and Censure of such Canon Now in such a case I humbly conceive that no Man is strictly bound to treat such a Person as an Excommunicate until a declaratory Sentence of a proper Judge have passed on the thing though a definitive one be needless that is that the Judge having true notice of the Crime do declare that it is the same against which the Canon pronounces an Excommunication ipso facto and this published shall be sufficient to oblige others to treat the Person so declared against as under a state of Excommunication But then again there are Cases wherein so much as a declaratory Sentence is needless and Persons may be bound to look on the Criminals as Excommunicates without any such Sentence as when the Fact Criminals and Canon passing Sentence thereon are notoriously known in such case the Church requires all persons without more adoe to take notice of the Offenders and to treat them as persons under the Sentence of the Canon tho' the Judge hath given no Sentence in the case and commends them for so doing tho' in other cases it allows them not the Judgment This Mr. Hody doubtless would have told us if it had been for his turn but thanks to more fair and ingenuous Persons the Canon now speaks plain for itself 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. But if any shall separate themselves from Communion with their Superiour for any Heresie condemned by the H. Synods and Fathers he publickly preaching the same Heresie to the People and teaching it barefac'd in the Church such shall not onely be free from Canonical Censure for separating from Communion with the Bishop so called before synodical Condemnation but they shall be thought worthy of the Honour that is due to the Orthodox because they have not condemned a Bishop but a false Bishop and a false Teacher and have not divided the Vnity of the Church by Schism but have studiously endeavoured to preserve the Church from Schisms and Divisions Thus in cases manifest and notorious Christians followed the Censure of precedent Canons without staying for particular Sentence the onely Question then is whether there be such notoriety in our particular case And truly I think that there scarce ever appeared in the World a more notorious and manifest case the Matter of Fact is evident to all there being scarce a Child of five years old in the Kingdom who doth not know how the Authority of K. James is trampled on despised and denied if he be not taught to do it himself and as for the Persons they are as well known the Laymen glorying in it in all places and the Clergy roaring it out before whole Congregations and then the Canon which censures them as excommunicate ipso facto for so doing is or ought to be as well known for it is commanded with the rest once every year to be read in all Churches which I think is fair notice and if they will not take it affected Ignorance will rather aggravate than excuse their Fault from all which it is plain that these Offenders ought to be treated as excommunicate ipso facto upon the Authority of the Canon without waiting for the declaratory Sentence of a living Judge Having considered the nature of an Excommunication ipso facto I shall next enquire into the state and condition of an excommunicated Person which is very sad and dreadfull as to any Man but when it falls to be a Clergyman's Lot it makes fatal Work For 1. It divests him of the Power of Exercising any Ecclesiastical Jurisdiction and if nevertheless he will take upon him to exercise it it renders all his Acts invalid and null And I think it will be worth some Mens pains to enquire whether this may not affect all the Ecclesiastical Courts in England for I doubt it will not be sufficient to say that many things are done in those Courts which were committed to them by the Civil Power as things that seemed most fitting to be done by Ecclesiastical Persons tho' they might be done by others for though this tacitly acknowledges a Nuâ—…ity or what proceeds from their Spiritual Authority yet I see not what Service it can do them as to what is intrusted to them by Secular Authority for if it were intrusted in them as Ecclesiastical Persons and as Ecclesiastical Persons thâ—y stâ—nd excommunicate I cannot see how they continue capable of exercising such Eccâ—esiastical Jurisdiction But let those Persons look after that who have or shaâ—l have any Suits there or have occasion to prove any Wills wherein they are intâ—â—estâ—d or the like for if ever things should come to Rights again which I hope is no hurt to wish if such Matters were not confirmed by a lawful Authority perhaps some who at present are proud of their Rebellion and the Effects of it may live to curse the time that ever the Mob made Kings or a Dutch man Archbishops 2. Excommunication renders a Clergyman so long as he continues in that state unâ—apable of any Ecclesiastical Benesice or Promotion and if he attempt to take any all means used to conser it upon him become ineffectual a Presentation of such
is not long since that a wise and pious Prince was barbarously murdered amongst us by his own Subjects and though his Son by the Mercy of God made his escape yet there are many who thiâ—st for his Bloud which in the estimation of God is the same thing To this I will here add part of a Canon of another of our own Councils Vid. Lind. l. 5. sol 248. b. Auctoritate Dei Patris c. By the Authority of God the Father c. we excommunicate all those who injuriousâ—y disturb the Peace and Tranquillity of our Lord the King and those who labour unjustly to detain the Rights of our Lord the King This is a Canon made amongst our selves and the Book is the great Director of our Ecclesiastiâ—â—l Coâ—â—ts at this Day and if the Rights of a King be not only detained but wholly swallowâ—d up by some at this time we must never believe matter of Fact more and as for the Curâ—e let them take it to whom it belongs Indeed while the Authority of God was reverenced in the Censures of the Church Kings were very desirous that the Churches protected by them should contribute to the Security of the Royal Authority by a dâ—nunciation of Spiritual Judgments on such as should any ways be injurious to it Thus at the Request of K. Edward a Constitution was made to this purpose by John Straâ—ford Arch-bishop of Canterbury as is to be seen Lind. fol. 254 b. But a very â—emarkaâ—le Instance in this kind the Concilium Engilhelmense under Lewis the 4th affords us Câ—n. 1. De hinc ex Sessionis suae loco sâ— subâ—â—gens c. Then the Glorious King Lewis rising from his Seat made a most 〈◊〉 Complaint viz. That â—e was strip'd of his Royal Power by a certain Prince called Hugo whose just Grief and Complaint we Holy Fathers i. e. the Bishops there assembled condâ—â—ing being joined together in the Vnity of Spirit have made thereupon this Decree Let no Man henceforth in â—ade the Kingly Power nor deal treacherously therewith for we have decreed by putting in execution the Council of Toledo That Hâ—go the Invader and Ravisher of the Kingdom of K. Lewiâ— shall be smitten with the Sword of Excommunication unless by an appointed Time he comâ— to the Council and repent of so soul a Fact and make satisfaction Had this Complaint been made to St. Asaph or Dr. Burnet They would have told poor Lewis that Hugo had conquered him that he had lost all his Right and so long as he lived must only be called the late King Lewis that for their parts they were bound to swear Allegiâ—nâ—â— to Hugo and to assist him to the uttermost against Lewis But contrary-wise these Bishops own the Cause of the distressed Prince and decree the Usurper excommunicate if he restore not his ill-gotten Goods Now whom shall we believe For either this Council or some Bishops now living must be in the wrong The Case of Ludoviâ—us Plus has too much Assinity with ours for his own Children rose up against him and a parcel of St. Asaphs Burnâ—ts â—owlers and such other Godly and Loyal Prelates met together and made up that which is called Synodus Compendiensis and by the Learned Baluzius justly stiled Synodus Praedatoria these join with the Rebellious Children against the Father and formally strip him of his Authority in order to his being imprisoned by his Son Lotharius But against these Rabanus Maurus Arch-bishop of Mogunce then living a Man of greater Reputation and Authority than a thousand such false Loonâ— stoutly opposeth himself and with the Courage and Fidelity of a Christian Bishop condemns the Fact and writes a Tract on purpose De reverentia Filiorum erga Patres subdiâ—â—rum erga Reges which I think may be worth any honest Man's reading Much such another Case was that of the Emperor Henry the 4th but the more abominable for this that that whole Scene of Wickedness was managed by Gregory the 7th otherwise called Pope Hildebrand but more deservedly Pope Firebrand who the better to colour over the matter excommunicates the Emperor and absolves his Subjects from their Allegiance but the Bishop of Leige being too Honest and Loyal to think himself so discharged of his Oath of Fealty continued faithful to the Emperor for which the Pope darts his Thunderbolts against both him and his Adherents notwithstanding which his Clergy continue firm to him justifie their Proceedings from the Obligation of their Oaths and the Commandments of God and look upon his Excommunication as meerly brutum ful-men and of no Force It would be too tedious to heap up what might be brought of this kind from Examples Canons and declared Judgment of Holy Fathers From all which it is plain that the pious consciâ—ntious Clergy ever thought themselves in Duty bound not only to adhere to their lawful Prince against all Usurpers and Rebels but to censure those that did otherwise which was sufficient to induce our Church to compose this Canon and justifie her in so doing and ought to strike a terroâ—â— in all those who incurr the Censure of it which that they may be the more aware of I shall now proceed further to explain it in the other Particulars The next Thing we have to do is to enquire after the meaning of an Excommunication ipso facto where by the way take notice that this sort of Excommunication is never denounced but against Crimes of more than an ordinary Size either against such as are of themselves of so very ill Name that being once known there needs not the canvassing of a Judge to induce any Persons to condemn them or else of such pernicious and fatal Consequence that they ought not to be allowed the least encouragement or so much as any sorbearance by which you may easily perceive how heinous a Fault it is adjudged in the sense of the Ch. of England for any Person to mâ—im the Authority of his King or dismantle him of it she having denounced no less than an Excommunication ipso facto against it And indeed what Laws or what Authority shall be able to restrain those Men who shall dare to make an Attempt upon the Sovereign Authority which is the Guardian of the Laws and Security of the State Before Wickedness can grow rank enough for such a desperate Experiment it must have broke thro' and shook off the dread of all Laws and become not only regardless of the Duties of Civility and common Honesty but to be not so much as moved with the sense of the Publick Good and Safety Now what hopes can any Man cherish of such Men And how miserable must that Government be which is ravisht into such hands But to return to our Business Excommunication ipso facto is where the Discussion and definitive Sentence of the Judge is neither requisite or necessary as to the Offender but the Fact being committed the Excommunication immediately takes place and the Law in a great