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A27530 The best fence against popery, or, A vindication of the power of the king in ecclesiastical affairs being an answer to the papists objections against the oath of supremacy : to which is added Queen Elizabeth's admonition declaring the sense of the said oath, and King James's vindication of the oath of allegiance / by a learned divine. Learned divine. 1670 (1670) Wing B2056; ESTC R27182 57,795 74

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Forbearance in what they were not satisfied and to practise otherwise Declaration of October 1660. 6. There is no matter or thing appertaining to Religion or first Table-Duties or so intimate and properly spiritual which a Synod or Convocation hath Cognisance of and may make Laws and Canons about But the like things have been established by the Civil Powers more than sometimes for Advice without it as will abundantly appear in the many Statutes and Laws of former and later Times as against Swearing Perjury Sabbath-breaking c. That one instance the Liturgy and ordering Bishops Priests and Deacons the many Rubricks in each of those Books are so many Canons and Ecclesiastical Constitutions insomuch as some have termed the Parliaments of England Synods or Representatives of the Church of England observing also that in the King 's Writ by which a Parliament is called there is expresly committed unto them the Considerations of what concerneth the Church as the Kingdom of England There hath been also Injunctions Declarations Advertisements Proclamations and the like Edicts published in Ecclesiastical Matters from time to time by our Princes without calling or advising with a Synod And Obedience hath been required unto those Precepts by the Ordinary in each Diocess as well as to the Canons and Ecclesiastical Laws made by Synods The Dependency therefore of Synods and Convocations upon the Civil Magistrate according to the Constitution and Practice here in England is very great and apparent For I. They can make no Canon or Ecclesiastical Law without the Civil Magistrate but he can and may without them II. None of their Laws though ever so Ancient but may be revoked by a Parliament but the Rubricks or Ecclesiastical Laws established by it may not be medled with by the Convocation His Majesties Licence to the Convocation May 12. 1640. I shall conclude with B. Bilson who seems to state the Nature and Occasion of Synods as they are in this Kingdom very fully and indeed much as they ought to be wheresoever they are called his words are these D. Bils Per. Gov. cap. 16. p. 383. With us no Synods may assemble without the Prince's Warrant as well to meet as to consult of any matter touching the state of this Realm And why They be no Court separate from the Prince nor superior to the Prince but subjected in all things to the Prince and appointed by the Laws of God and man in Truth and Godliness to assist and direct the Prince when and where they shall be called to assemble otherwise they have no power of themselves to make Decrees when there is a Christian Magistrate neither may they challenge the judicial hearing or ending of Ecclesiastical Controversies without or against the Prince's liking It appears evidently hereby that in the Judgment of the Learned Author Synods in their Nature and Use are not for Rule and Government where there is a Christian Magistrate or otherwise than as Assistants only to counsel and advise Him THe Synods in other Reformed Churches claim a coercive Jurisdiction from an intrinsick right received immediatly from Jesus Christ as Ministers of the Gospel There being no express Scriptures to uphold this Assertion and the light of Nature and common reason being supposed sufficient to create a jus divinum The Authors of this perswasion argue thus Discip of Scot. lib. 2. c. 11. also Act. of G. Assemb before the Confes of Faith Jus divinum regiminis cap. 3. In all Kingdoms and Republicks if wrong be done by inferior Courts we may have right by appealing to a Court superior in Authority there ought therefore to be such an order in Churches that is a Classis Synod c. That there may be regular Appeals in like Cases And further they argue if it be not so when whole Churches or their Consistories transgress there is no ordinary Remedy The Provision Christ hath made for Government in his Church will be found defective For though there be a Remedy for particular persons yet for a Church offending there is none if there be not a superior Church or Ecclesiastical Power to appeal unto Jus D. regim cap. 1. Assembly Dispute p. 114. Rutherf peaceable Plea cap. 15. Assertion of the Gover. of Scot. by G. Gillespie part 2. cap. 4 Leaving wholly what they pretend from Scriptures I shall examine this only their Reasoning from common light it being more suitable to our present subject and in the general say Answ 1. 1. In the Mysteries of the Gospel from which by their own concessions Church-communion and Discipline is not to be excluded any more than Preaching or the Sacraments It is very unsafe to make the dim Eye of Reason our Guide Of what advantage such suppositions have been in producing Arminianism Socinianism Platonism c. but especially of the many gross Errors and loathsom Superstitions in Popish Worship we cannot be ignorant Answ 2. 2. An Appeal as understood in this dispute and ordinarily by Civilians is a provocation to a superior Tribunal upon the error or wrong done by an Inferior Such an Appeal is not essential to Government unless we can suppose a progressus in infinitum Nor is there a defect in that Government where it cannot be had Some Societies are 1. So low and little in compass as they need not such Appeals A Family is a compleat Society or Corporation though there be not a Superior in the same kind that is an Economical power to appeal unto so may a Church be though not a Superior in a series properly Spiritual or Ecclesiastical 2. Others so High If there be an Error or Wrong done in or by a general Assembly or National Synod supposed in the exercise of power of greatest perfection we have no remedy no Superior to appeal unto therefore they term their Church or General Assembly an Independent If it be said as it is by some we may appeal from it to an Oecumenical Councel Answ These great Councels have erred and may and what then is the Remedy or further Provision To what Ecclesiastical Tribunal Superior can we appeal from them Argued by the Commissioners of Scotland Anno 41. p. 1 2 9. Also their Declaration against a Cross Petition P. 10. Answ 3 To answer more particularly This Reasoning being grounded upon a Similitude betwixt the Ministerial Government of Christ and the Political Government of Kingdoms we say there is not Par ratio and therefore no just consequence The Disparity will appear in divers Particulars I. Disparity In their Natures as Civil and Religious Assemblies In this the Difference is so great as Councels Schoolmen and Casuists who all grant Appeals in Civil Affairs yet in Ecclesiastical Matters the ordinary use of them is so constantly and generally denied as it is an Axiom saith One That in Religious Causes the Voice of Appealing is not to be heard or mentioned Videtur axioma communiter acceptum inter probos Religiosos