communicate with us in all that is Lawful Now it is actual Communion in all publick Offices and Worship which you require from us and the reason you give why we should pay it is in the words before cited the sence of which must be that your Church is ready with a Remonstrance to afford the same Communion to the Church of Rome that is Actual Communion in Publick Worship So with an insignificant Remonstrance you can go to Mass and are willing to do it See this and a great deal more such stuff in T. B's 2d Lett. p. 12 13. Eucher This is indeed a notable fetch that I should excite you to rejoyce with us for Redemption from Popery and yet profess a readiness and desire to communicate in it and in that very communion to remonstrate against it This no doubt would be a very pleasant way of accordance with the Roman Forms and yet at last when I invited you to Communicate with us in all that is Lawful I meant only what you think Lawful what is by us both confessed Lawful not to what we only think Lawful against your opinion and to this end * Sol. Ab. p. 3. that you might the better heal what you think we do amiss and so much agreement I confess we owe to all that is good in the Church of Rome and by us acknowledged for such as well by them But that I invited you not to any actual Communion in any thing you judge Unlawful while you judge it so appears in that I required not your presence to * Ibid. page 15. that Prayer of New Allegiance on the 29th of May while you are under the perswasions of its Impiety But in truth having as I thought proved us not to be actually Unchurched I willed that you should yield us so much Communion as may signifie your acknowledgement that we are yet of the Church of Christ viz. in all those Offices which you can Judge Good and Lawful in order to an easier accommodation for so I presume of this Church and of you too that you would not refuse any good Ecclesiastical Negotiations which import some though not a plenary Communion with the Church of Rome in order to a Restitution of the Churches of Christendom to a Primitive Frame were the Church of Rome disposeable thereto And they that will deny this to any corrupt Churches I think are not real Christians nor so much as externally qualified Members of the Church Catholick and to this innocent purpose and consequence only were my words so exactly ordered with a design to stave off all Catches herein that nothing but an inexcusably wretched spite and bitterness could have hewn out of them so perverse and undesigned a construction Dyscher I am not satisfied that you will allow our Deprivation to be a Persecution only on supposition that it be for adherence to the Doctrines of the Church or the Laws of God What if neither the Laws of God nor the Church had been concerned and they had had only occasion to stand to the Laws and Constitutions of the Land which forbid force against and Deposition of Kings and exclusion of the Heir I think this had been no ill Cause c. T. B's 2d Lett. Eucher I did not mention the Laws of the Land because till they are Authentically Vacated the Laws of God and the Doctrines of our Church do assert their obligation on our obedience so far as it is in our power to perform it and a voluntary violation of the Laws and Constitutions of Civil Government is a violation of the Laws of God which the Church Preaches in her Doctrine Therefore I allow you that adherence to the permanent obligation of the standing laws of the Land is a good Cause for the maintenance whereof all Sufferings are Persecutions and all the voluntary Agents in them Persecutors But if the reason or obligation of any Law ceaseth or if you mis-understand Laws and will oppose your private Judgment on them against the received and constant Judgment and Practice of the Nation on our Laws then your Sufferings upon such Prejudices cannot come under that black Character which is a thing enquireable between you and me Dyscher Then I take it for a very odd demand that we must give in a very clear proof that we are Ejected for adhereing to the Laws of God I pray who are they that ought to bring this clear proof I have heard some say that it is an Axiom in Law that they who expect the benefit ought to make the Proof Now you get all into your hands and would you give no Reason for it And yet it would be but to little purpose to prove to a Thief that he has stolen my Goods T. B's 2d Lett. p. 14. Eucher But do you not consider that in Law and Reason whoever accuses any man before a Judge ought to prove his Bill if the Accused plead Not Guilty And you by complaining to the World of the wrong done to K. James and the Deprived Appeal not to them whom you account Thieves but to all others to avoid their Communion Now to draw off all People from their Communion it is necessary to prove their actions Illegal according to the Laws of Tenure in the Crown and the Ecclesiastical Promotions since they whom you implead challenge those Laws for their Justification And further by your leave he that is out of Possession but lays a claim of Right and expects the benefit of it ought to prove his Claim and the Possession of the Adversary injurious For they that are in peaceable or legal form of Possession have no need to make nor consequently to prove a Claim if not disproved Beside your Case is not concerned meerly in your own personal Right but in the Consciences and Salvation of other mens Souls even of those whom you call Thieves and therefore you are obliged to convince them of the unlawfulness of such Changes which they think lawful and not only so but in the present circumstances necessary Dyscher But I will further examin your own Proposals and Concessions herein * Sol. Ab. p. 4. An untainted Loyalty you approve while the Obligation lasts and we desire no more But then you think the Obligation may cease not only by Death or Resignation but also by Cession Nor do I think it worth while to dispute this with you provided it be real not forced not falsly imputed For so any man that is driven out of his House or takes a Journey from Home may be interpreted to have quitted his Estate by Cession But when Cession is real it can only affect the Party who makes it and ought to be no injury to the next Heir But has that person made a Cession who tho' to preserve his Life he fly from fraud and irresistible force yet all the while claims his right calls on all persons to do him justice and useth all honest means that may be to
give way to a Successor of the Conquerors Nomination But this the Church is obliged to not for mere wrath but also for Conscience sake towards the reason of the Cause and the Law of God that requires Subjection to humane Constitutions But the Drs. Hypothesis puts the whole Proceeding against the deprived as injust and formally invalid to all intents whatsoever and makes the act of Deposition simply Secular without any Concurrence of the Church Eucher If a Bishop should be by the Civil Power Condâ—mned to perpetual and close Imprisonment or be banished for ever from his Country so that it is impossible for him to perform the Duties of a Bishop or should he be carried away Captive we know not where or from whence we cannot redeem him Nay suppose the Banished the Imprisoned the Captive Bishop should expresly require them upon their Duty oâ— Câ—â—onical Oath never to accept of any other Bishop as long as he by the common Course of Nature may be supposed to be living or till they be assured he is dead what must be done in such Cases c Case of Sees pag. 6 7. Dyscher The Church must abide by the Government of their Clergy in such Cases and in all Cases where the peculiar Office of the Bishops is wanting apply to other Bishops for their Succour and Aid Eucher But what if the Diocese be so set or restrained that the Church cannot have recourse to other Bishops as suppose in the Isle of Man or any other impediments preclude a Capacity of such Negotiations with other Bishops who can bear such an hard saying that the Church must not admit a new Bishop of her own when she may meerly because the ejected Bishop with whom we can have no correspondence is ill natur'd and grudges that benefit to the Church Dyscher I am hard pressed here I pray how will you steer in this dangerous difficulty between the quick Sands that lie on both sides on the Drs. loose Principles for your Cause and the strict Rules of ours Eucher Why truly I must so far concur with the Dr. as to grant that the Church has a Liberty to admit a new Bishop in such Cases if he be otherwise Canonically qualified Dyscher Does Banishment Imprisonment or Captivity cutting off all capacity of commerce vacate the See and exauctorate the injured Bishop Eucher It does render the See actually empty for the time but yet I will allow you that the Bishop is not exauctorated but that upon removal of the impediments his Authority would immediately exert it self and run on in its old Channel and ought to be received on the Original Title as being still Bishop of his Diocese except his supposed prohibition of another substitute Bishop forfeits his Right Title and Authority Dyscher This is odd Doctrine If the Bishop does not forbid the Church to substitute another which not to do may be presumed for a Cession then he still continues Bishop if he forbids a Substitution then he quits it by forfeiture I pray how can you make out these Paradoxes Eucher Thus if a Bishop shall enjoyn Orders to the Dissolution of Discipline he ipso facto becomes irregular and forfeits And such would be the effect of this supposed Prohibition of a Substitute But if he admits a Substitute upon the necessity of Discipline not otherwise to be supported he still continues Bishop and is to be received for such in full Authority immediately upon his enlargment and recovery Dyscher This does not extricate but involve and double the Paradox For thus there may be two Bishops of the same See at once and a Successor to a present Proprietary which Successor is to be again thrust out as uncanonical and no Bishop of such Diocese on the return of the former Eucher Two Bishops there then will be at the same time of one and the same See though not in it But the second will not be a proper Successor but a Sagan or Vicar to the absent and so to give place to the returning Proprietary till the See shall become wholly vacant of the Proprietary Bishop by death or otherwise except there be some other exceptive provision in such extraordinary Cases For according to this Rule of Prudence the Church of Jerusalem proceeded in the case of Narcissus * Case of Sees c. Chap. 1. pag. 6. alledged by the Dr. which is much like this supposed Case before us Oppressed with calumnious Perjuries Narcissus retires from his See to deserts and unknown Fields for many years not plainly renouncing his Station however Upon this the Prelates of the bordering Churches fill his Place with other Successors in all three before his return never undoubtedly designing to exclude Narcissus if he should return whose Glory and Innocency Heaven it self had signally vindicated But so it happen'd that after the death of the third intermediate Bishop Gordius Narcissus returns and the Church requires him to resume the Throne Episcopal not on a new but his old Title But because through the great infirmities of his old Age he could not bear the fatigue of his Office it was agreed that one Alexander should be his Sagan or Partner in that Prelacy the original Authority of Narcissus being thus derived to Alexander and by him to be administred in ease to Narcissus Dyscher But this does no Service in our case for our former Proprietaries are ejected and others set in to exclude them though present and claiming their proper Relation to their Dioceses Nor does this account of yours reach the design of those instances given by the Dr. in which the Intruders asserted a Title against the unjustly and invalidly expelled Proprietors Eucher I am not yet come to those Instances I only tell you what may be done in the Case of a Banished Deprived or Captive Bishop hereby rendred uncapable of his Functions which I here proposed from the Dr. though I confess to you as a Friend that this Plea and Case of the Drs. as well as all his Lay-instances throughout his Book are far more Impertinent to our present Case than as he says your Vindicators discourses were to the Baroccian Hypothesis Dyscher This is pretty Inadvertency if you can make it out Eucher Why look ye Deprivation or Deposition in our Sense and Case is the Divorce or Dissolution of the spiritual Relation between Priest and People but Banishment Imprisonment and Captivity makes no such divorce And this the Dr. Fundamentally grants in supposing his Lay-ejections to be invalid Deprivations or Depositions and though he generally calls these Lay-ejections and Banishments by the name of Depositions yet upon a cogent pinch he grants that Banishment from a Bishoprick though inflicted on purpose to part the Bishop from his people is no Deposition for so he †Case of Sees c. Ch. 4. pag. 56. expresly asserts of S. Hilary that he was never Deposed but only Banished and allows him to be still actual Bishop of Poictiers since there
valid yet because of their actual Omission it wanted an Ecclesiastical Effect Lev. 10. So when a Statute of Deprivation requires the Church to eject Recusants from their Stations if the cause be necessary or just the Statute is valid to oblige the Conscience of the Church to an executive and concurrent obedience yet if the Church will by no means yield to such command of the State whether just or unjust valid or invalid in its obligatory intentions it cannot actually pass into an Ecclesiastical Effect and Issue and all that the Civil Powers can do on the refusal is to subject the Church to temporal Punishments Nay in the same Genus of Civil Government the Decrees and Judgments of the Kings Courts notwithstanding their perfect justice and validity cannot have their Civil Effect if the subordinate officers neglect or refuse to execute them T is true there is a difference between the Civil obligations of Under-Officers to their Superiors in Secular Authorities and those of the Church to the Civil Powers in matters Ecclesiastical For that Civil Officers are obliged only to observe the Legal forms of process in the Orders of their Superiors and are not tied to enquire into the inner justice of those Orders But the Church when under any Laws or Commands of the State may and ought to judge for her self and her conscience toward God Whether the matters enjoyned her by the Laws be consistent with the Laws and Principles of Christianity and the Churches fundamental Constitution against which she is never to admit them to an Ecclesiastical Effect but must bear the penal Consequences with all meeknes and resignation And this is not only the Right and Duty of all Churches as sacred Corporations toward all humane laws in matters moral or Religious but of every single Christian also And if this be not admitted up goes Hobbism and the Civil Powers may enact Deprivations Excommunications and Anathema's for mens refusing the Alcoran Paganism Socinianisme and even Atheism it self and for owning the Scriptures Creeds and Sacraments But you that think us such a soft and waxen generation would have found this Right asserted even unto Martyrdom against all such deprivations had they been enacted upon causes apparently injurious or imposed on the Church For in the late Reign not only you but others also opposed the growth and menaces of Popery with a burning zeal when we had no present prospect of any thing but Fagots Dragons and most Christian Bridles And that all these Armies of Worthies should all of a sudden grow base abject and irreligious cannot easily I am sure not fairly be presumed But in cases which the Church judges equal she may concur and submitt and when she may so do it can be neither religious or prudential to provoke or incur a persecution by a needles and obstinate refusal which is our Sense upon the Causes and Law of the present Deprivations But is it not a pretty exception against this Concurrence because it is yielded by Submission not Authority For did I ever assert of an Authority in the Church to refuse her Duty against which certainly there lies no Authority And I told you †Sol. and Ab. pag. 28. that the Church here concurs by Submission as judging it her duty herein to yield to the State But in such Cases if you will needs require the Churches Authority I will remind you what I told you †Sol. and Ab. Pag. 29. last time that the Church has an Authoritative Right to judge in such Cases whether she may or must concur or no. And hence a Right essentially belongs to it to examin all the Causes of the Secular Demands so that if she finds there be no grave Reasons to move the Church to the required Severities she ought to disobey as my Lord Bishop of London well did when required to suspend Dr. Sharp indictâ Causâ c. And for this I alledged out of Nazianzen one of the Noblest Instances in all Antiquity wherein the Bishops of Cappadocia refused to depose or reject the canonically settled Bishop of Cesarea notwithstanding all Julians terrors and commands of which I wonder Dr. Hody took no notice But I add also that if the Church finds those Causes sufficient she may if necessary she must admit the Laws enforcing them and not wantonly pretend Authority against duty nor use her liberty for a cloak of maliciousness And I can never imagine that this Right of the Church was ever suspected much less opposed by any Powers or Legislators truly Christian But if Civil Powers will make irreligious Laws in maters Spiritual will you immediatly oblige the Christian Councils to invade the Senate House or Courts of Civil Judicature with Protestations against their Procedures before the Laws come home upon us and press us to actual Concurrence Surely the Primitive Christians did not so against the Edicts of Heathen Powers For tho' Christianity will warrant meek and petitionary Apologies yet will it not justifie sawcy Remonstrances and Prohibitions upon Legislators who must pass undisturbed and unaffronted in their measures and we must with all meekness of behaviour wait the eventual prosecution of the Laws if we cannot divert it by fair atonement and when it comes refusing calmly the required Sins commit our selves and Cause to him that judgeth righteously So that all your Harangues about running into Parliament House with Proclamations or Protestations for our against their Authority are injudicious immodest and seditious proposals tho' we had known the demands of the State to have been unlawful which we yet acknowledge to be otherwise And that we should cease to be a Church because we are not officiously rude to the Legislators who may sometimes happen to be causelesly unkind or hard hearted to us We are neither to precipitate our zeal manners confession or sufferings but let the will of God be done upon us when his own time comes Since even the vilest Laws of men have this obligation and validity upon the Consciences of Subjects to restrain all indecencies and disturbances against them and the Legislative For if the Senate has not Authority to oblige us to evil it has to modesty and abstinence from their Presence and Consultations But the Parliament thought their Authority alone sufficient to deprive the Bishops and did not ask nor think they wanted the concurrence of the Clergy to make their Act valid very well they did not think so And if you confine this sufficiency to a valid Obligation on the Church to submit and concur this opinion of the Parliament is very true tho' I believe they ground it not upon any mere pretended Arbitrary Despotick Power but upon the Weight and Sanctity of the Causes on which they founded the Law But if you think it the opinion of the Parliament that their Acts can actually pass into an Ecclesiastical Effect without Ecclesiastical Concurrence you fix an opinion on them rather to be charged with Non-sense than Falshood
and Damnation not required by the word or law of God must in their own nature be And thus in the ancient Church all rigorous Doctrines which made sins where God hath made none draw after them inevitable Separations and so became Heretical Dyscher Well how doth this affect us Eucher I am afraid in all your Principles which make our present Allegiance Illegal and Irreligious Dyscher I pray form them into propositions and make your convictive Strictures upon them if you can Eucher I take no delight in such an Employ It is no pleasure to me to wound or grieve you but as the setting before you the danger of your Principles may correct the precipitancy of your Zeal I will obey and observe your direction First then Maj. Whosoever teacheth Men not to be subject to the Human Constitution and the Authorities that are as Gods Ordinance teacheth practical Errors Min. But so you teach Men against the present Constitution and Authorities Ergo. Concl. You teach Men practical Errors Again in another Form Maj. Whosoever teacheth it to be Perjury to swear Allegiance to a new settled Sovereign upon the Desertion of the former to whom we had sworn Allegiance teacheth practical Errors Min. But such is your Doctrine contrary to Bishop Overals Convocation book Ergo. Concl. You teach practical Errors Again in another Form Maj. Whosoever teacheth to disobey Princes fully settled in a Government procured by ill means teacheth practical Errors Min. But so do ye in the Reasons of your present Recusancy Ergo Concl. You teach practical Errors Again in another Instance Maj. Whosoever teacheth Men not to pray for Kings and all that are in Authority teacheth Men Practical Errors Min. But so teach most of you in the Reasons of your present Recusancy Ergo. Concl. Most of you teach practical Errors Again in another Instance Maj. Whosoever teacheth Men presumptuously to speak evil of Dignities teacheth practical Errors Min. But so do most of you Ergo Concl. Most of you teach practical Errors Again in another Instance Maj. Whosoever excommunicates or teaches Men to refuse Communion with Men that have sworn Allegiance to Powers fully settled acts upon and teacheth practical Errors Min. But so most of you act and instruct Men against our Communion because we have sworn Allegiance to the Powers fully settled over us Ergo Concl. You act upon and teach Men practical Errors And now considering all wherein I have answered you what can you say hereto Dyscher I answer we do not deny any of your Major and general Propositions but we deny your Minors that we teach such Doctrines for our Recusancy But we teach that those Major Maxims do not affect our particular Case for that these are not Constitutions Authorities or Dignities fully settled on which the Church according to the Apostles requires respect and obedience Eucher This is like those prevaricating Salvo's which your Author of Christian Communion upbraids us with †Part 3. Ch. 5. in eluding general Precepts from influencing in particular Cases but to omit this I have however gained another advantage and success by my Advice viz. that in the matter of Allegiance you must quit your Pretensions to Ecclesiastical Doctrines as the grounds of your Recusancy Deprivation and Separation and consequently there is an End of your low and causeless Clamours for your glorious Passive Doctrines as the Cause of your Sufferings all the remaining Question now being between us whether the present Constitution be fully settled which is a Point of Law not Religion to be resolved by the State not the Church by the Court Civil not the Court Christian And hereupon such Civil Judgments are to be secured by Religion and Conscience while they stand reversed and so you are obliged to acquiesce in the Judgments of our Parliaments in this Point But while you oppose this upon Principles of Conscience consider the Danger of Heresie which lies before you Maj. Whosoever teacheth Men to oppose the Course of public Judgment in Civils upon private Opinions to the contrary teacheth Rules of Sedition against Civil Government it self and in them practical Errors Min. But you teach Men to oppose the public Judgment of the Nation for our full Settlement in the present State Ergo Concl. You teach Rules of Sedition against civil Government it self and in them practical Errors Or thus in another Form Maj. He that teacheth Men to act against confessed Principles of Truth ought to be exauctorated Min. But you teach Men to practice Disobedience contrary to those Principles of Truth which you are forced to confess Ergo Concl. You are to be exauctorated Now I cannot for my part see how you can avoid this Charge which your own rigours against us have extorted from me And yet I have urged it for no ill Ends but only to lay before you the ill Aspects of your Division upon those your very Principles in which you glory For here I can more justly enclose you with your Vindicator's Dilemma viz. that if you separate without Principles you are then Schismatical if upon Principles you incur Heresie But if this be so the Church and State may according to your own Rules eject you without a Synod which I compassionately beg you tenderly to consider Dyscher Well let our Cause be what it will in Fact or Opinion I look upon these Lay and Parliamentary Forms of Deprivation to be very dangerous to the Spiritual Franchises of the Church tho' we suppose that such servile and gradual Concurrences of the Church do give them an Ecclesiastical Effect for that they destroy out of the Faith of Christians the Sense of those Spiritual Liberties and Authorities of the Church that by a Divine Charter and an Apostolic Descent belong to her and instil a fatal Erastianism into men's Principles and for that Cause ought not to be received but censured by the Church for that your Party founds their Authority on this false Proposition that the Church and State of England are the same Society whereas there are many Subjects of the State that are no Members of the Church as Apostates Papists Heretics and all unbaptized Persons Tho' yet were this Hypothesis true that all the same persons were equally Members of the Church and State yet as they are a Church and spiritually sociated they must be governed by a Spiritual Authority and as a State by the Civil Power of the Sword nor must the identity of the People confound the Distinction of Powers Besides as we are a Church we are of Right sociated into the unity of the whole Catholic Church to be maintained by an uniform Ecclesiastical Conduct the only ligament of Catholic Communion but as we are a State the Catholic Church is not concerned with us to take any Cognisance of our Civil Procedures but if as a Church we corrupt the Ecclesiastical Government into Civil we break off and excommunicate our selves from the Catholic Unity by deserting the Catholic Forms and Ties of
thereof will particularly retract it and never run such an hazard more God of his infinite mercy give us all a temper abstracted from all partial interests and prejudices and a sincere Charity and Equity that may fit us for a right understanding of the things that belong to our Peace and Duty toward God and Man Amen To his very Passionate Adversary T. B. HEALTH and PEACE SIR AS I gave you no provocation to such unhandsome reflexions with which you have bespattered me so 't is the Opinion of wise and learned Men that you are to be neglected as incurably rude and disingenuous And I truly am so far of their Opinion that I ought not to answer you according to your Folly lest I become like unto you But as little regard as is due to the Voice of the Slanderer the Cause of Truth and the Consciences offended by involved Prejudices deserve a tender Deference and Care On which consideration I have throughly traversed all that seems pertinent in your Letters and some M. S. Reflexions sent me I suppose from some other Hand And not only so but I have examined some of the most exquisite Discourses and Principles of your greatest Authors in this Controversie as well as those of your greatest Opponents And I hope in all my Determinations between you and them I have done impartial Justice if not I have exposed my self unto public just and severe Correction Of all your criminal Imputations there is but one that seems to deserve any notice viz. that which taxes me for giving the Dialogists in Solomon and Abiathar those technical Names and Characters Upon which your Complaint being not only loud but in some Degree specious does indeed oblige me to account herein Nor shall I decline whatsoever is reasonable whereupon I sincerely protest that I took the Names from the known Sense each Party has of the others Temper For the Conformists to the present State thinking the Recusants thereof too hard and untractable I from that Notion name my Recufant Dyscheres And the Recusants thinking the others too easie and yielding I from that Apprehension call my Conformist Eucheres And Eucheres has the Character of a Conformist for conforming to the present Constitution and Dyscheres of a Recusant for refusing this particular Conformity And no Man of Sense can really imagine that I had any worse Intention since no Man can think that I would expose the Deprived as Fanatic's and in the Person of Dyscheres I introduce them making a professed Renunciation of Popery in several Places with which they are never charged by my Conformist And now if there be any Grains of Candor and Human Tenderness left in you can you imagine that you used a proper Method to heal or settle my distressed and doubtful Spirit who after several unanswered Letters written to some of the greatest Doctors on both sides of the Division and others of middle Temper was at last upon their neglect forced to turn a Publick Supplicant to the learned World for succour and satisfaction If this be the way of handling tender Consciences if this be the Oyl you pour into their Wounds the good God have more Mercy on the Patient and put him under gentler Hands But if you had judged me an improper Object of your Humanity yet a due concern for the Reputation of your Cause should have influenced you unto more Decency For a good Cause needs no Supplies from a Scavenger's Cart and ill Language ever supplies and discovers Defect of Reason as well as of good Nature and never proselites a calm and thinking Man but rather seals up the Offended in their former Perswasions and alienates mild Tempers from such sower Communion When you have well considered the following Debate you will have occasion for second Thoughts to which in the Interim I leave you and subscribe Sir Your Humble Servant The Ground of the First Part. THat whensoever the Land is brought into a State of Anarchy by any Confusions irremediable by the ordinary Rules of Law thro' the King's Incapacity to govern it upon Departure Oppression or otherwise the Estates of this Nation may admit such a Form of Settlement for the time being as the Exigences of Affairs shall seem to require for the common Preservation and that such Settlement shall oblige the Conscience of the Subject till the old ordinary Rules can be fairly recovered The Ground of the Second Part. 1. THat tho' secular Laws for spiritual Censures cannot pass into an Ecclesiastical Effect without the Consent and Executive Concurrence of the Church yet the Conscience of the Church is bound to admit such Laws upon just and necessary Causes 2. That Recusancy to civil Constitutions is a just Cause of spiritual Censures and of Laws requiring them A DEBATE ON THE JUSTICE AND PIETY Of the Present Constitution PART I. Concerning the Civil Change Dyscheres BRother Eucheres I am glad I have found you at home at this time in which I have leisure to receiâ—â—â— those kind Offices which I could not admit at 〈◊〉 time of your first Invitation And I have aâ—â—â—â—nother design in this Visit that we may Reviâ—â— and Reflect upon the matter of our last Conference for though you seemed then to pinch me somewhat hard yet having since imparted your Arguments to my Friends and Consulted their Judgment upon them I find them not so Herculean as you fancy them but very feeble and nerveles when undertaken by abler Masters Eucheres You are doubly welcome on your double Errand but have you examined among you the whole web or only some shreds or fragments of that Discourse Dyscher Though it be not worth my while to ransack it in every part of it yet I do not intend to omit any thing very considerable and I will use my best endeavour not to mistake your Sense c. T. B's 2d Lett. p. 6. Eucher Be sure now be as good as your word and withal take care not to pervert as well as not to mistake my Sense for otherwise you will expose both your Understanding and Integrity and I am not yet so dull but I may soon discover you how involved soever your Frauds may be And now upon this Premonition I desire you to sit down and enter upon the Debate Dyscher When I told you nothing but truth that the Present State is worse than a Deluge of Popery for that now the Daughter of Sion is become an Harlot the generailty of her Children Apostate and Vn-churched and that the Faith and Communion is with the few c. You question Whether Submission to the Present Constitution can be proved a Sin As if breaking Lawful and taking Vnlawful Oaths withholding ones Right and giving it to another the overthrowing the constitution of the Kingdom and violating the Laws of God were no Sin Then you further say That admit it to be a crying Sin every such Sin doth not unchurch single Persons or Societies But yet however you ought to Repent and
uncertain Rochester Letter make the Abdication manifestly false since he says it makes the Disertion so Here I doubt his Courage will fail him lest his Argument and his Dedication follow the fate of the Pastoral Letter And yet it is manifest that though K. James made many large and previous steps to the Subverting our Constitution yet the Final Abdication of the whole Government consisted in his Desertion from whence the Vacancy Commenced and if this were no otherwise manifest we have Mr. Johnson's own Averment who tells us * ibid page 29. That we have an Act of Parliament which declares the Realm of England to have been Sovereign during that time of Vacancy between K. James's second flight and K. William's Admission by ordering all Indictments from the time of K. James ' s withdrawing till the 13th of February to run in their Name 'T is true indeed that meer Local Desertion of the Land of which there may be many Causes does not ipso facto extinguish the Sovereignty except it be judicially interpretable to an Abdication from other concurrent Circumstances and Indications on want of which a demand of Return becomes reasonable and the neglect thereof interprets the Recession to an Abdication but when there are evident tokens of yielding up a Government in the form manner causes and circumstances of such Local Desertion then a summons of Return is not necessary in point of Law or National Duty upon the antecedent forms of Virtual Abdication apparent in such Departure If therefore his Act of Disertion in its own form made a Legal and Effectual Abdication his Rochester Letter imports no more than that his words and actions are contradictory in quitting by deed and claiming by word the same Right at the same time Upon this Abdication therefore the Throne becoming actually Vacant was by the Act of the Nation filled up with their Majesties And here upon whatsoever powers K. James endeavours to Exert as they do not reach us nor send out their vertue by legal ways of course so are they too late and out of season not to mention that his late ways of Exertion under French Conduct how honest soever you may call them look not very natural or smiling upon English Men If we sum up the matter he was ruining all the Laws and Liberties with the Religion of the Lands he Ruled and they were just on the Precipice under his Exertions so that the Nation needed and gasped for relief under them Upon this the Prince of Orange having Great Interests and Legal Expectations here comes over with a declared Intention to set all things at Right in such order as the English Parliament should adjust which was a fair and most equal design this then was the time for K. James to have Exerted his Royal Power Justice too in calling a Parliament for such purposes according to the sense of the whole Nation earnestly recommended to him by his Prelates Nobles and Counsellors for a long time by sundry Addresses even to the last and he having sent out some writs thereunto seemed a while enclined but upon Romish Advice recalls that purpose and instead of doing us that Justice was resolved to contest it with the Sword Hereupon his Army which had he called a Parliament to have healed the Nation would have secured him against all Forreign and Domestick Violence sunk their Affections as having no maw to Fight for him against their Native Country Liberties and Religion disperse by degrees and great part go over to that which they knew to be the Juster Cause and he being thus daily weakned retires disbands the rest and even not then calling a Parliament to help himself and us out of the Confusion he flies away to the Grand Enemy and Terrour of this Nation and leaves us to shift for our selves under those Aspects and apprehensions of dangers that lay before us If then he would not exert a Legal Power when he might 't is too late to offer at any Forreign ways of Exertion after a New Settlement or 't is at least unreasonable to demand our Reception of them to the destroying of our Redeemer after a National Allegiance given him for his sake who ever pursued our general Ruine against the Laws his Oath the ties of Natural Affection and the Sighs Groans and Requests of his Loyal People And whereas you say we may have his Power and Presence too if we will as lovely as that may be fancied 't is more than you can warrant For if we were disposed to accept your offers if he should come with a French force are you secured that the French would permit him to be as free and independent a Monarch as before 'T is possible they might erect him for a Vassal titularly Royal till their strength were fixed and then upon demand of Expences or other pretexts pick a quarrel with him to annihilate him for their Masters Glory Or supposing the French King for once a true Friend to King James would not his Forces make King James an Arbitrary Monarch here to exert more than a legal Power over all the Bodies and Souls Estates Coffers and Purses of the Nation If we had had any maw for such Power we might easily have had it while he was here and not have been beholden to the French for the Commodity But if King James should concert privately with us to return without any French measures or services can you assure us to keep this secret from the French King Or if you fail in point of secrecy are you sure he will let King James go or treat with us in neglect of his Interests and Pleasure Or would he not rather Bastile him for Ingratitude and treat him hereupon after his usual methods of humanity Thus pretty are your Projects to expose the Fate and Fortunes of Nations upon and discover such a distemper in the Brain as requires the Law of Bedlam rather than any other consideration Dyscher When we deny the Authority by which your Estates sate you ask us by what Authority was that Free Parliament called or sate that voted in King Charles the Second Sir if you please let another be called and vote in King James the Second When things are out of Order and good men set them to Rights again I do not think any man will oppose it upon the score of some small niceties but when subjects rebel against their Prince and drive him away and make that the ground of their going on and doing farther wickedness I cannot understand the Authority of this There is certainly in every man an innate natural Power and Authority to wish well to and vote for Right By virtue of this when things were in confusion the Subjects of King Charles the Second returning to their Wits and Allegiance send a convenient number to act for the whole who recall their rightful King and if you should do so likewise I should not be very quarrelsom with you But whatever
Heb. 11.1 but in an apparent explicit and authentick Determination as all other Duties pursuant to Laws and Publick Judgments are and no otherwise And you that will allow the Churches Loyalty as to the Object to be guided by the true Constitution of the State but not by every Civil Judgment have need to explain your self what shall he the Supream Civil Judgment for you concerning the Laws and Constitutions of our State in rare unusual and dangerous Cases of Desertion and Anarchy For if you assert to every man a practical Judgment upon our Laws and Rights in such Cases and that even against a National Judgment the Confusions must be eternal If there must be a Civil Council I pray assign me any other like that of the Estates in Convention who indeed as often as such Cases call upon them are the Supream Judges of the Constitutions and Rights of the Nation and Arbiters of our Settlement concluded thereupon And if you will not yield to every such Civil Judgment you may as well say you will yield to none excepe it comports with your private Humours or Persuasions which is the true and plain English of your Answer herein if I may use the freedom you take with me of being your Paraphrast or Interpreter and is a wonderful Expedient to settle us by eternal and unreconcilable discords in Opinion and Practice Dyscher Let us now see what a fine account you give us of the Laws and Rules of our Succession and hereon you tell us * Sol. Ab. p. 4. That the general and ordinary Rule of Succession to this Crown is Hereditary but in extraordinary Interruptions and Convulsions of State against the ordinary Course our Laws and Constitutions do allow the Estates such a King as can be actually had for the time being till the ordinary Rule can be fairly recovered Now if a man were to speak this in plain English it would be thus By our Laws and Constitutions the Crown is Hereditary but if any Vsurper or Traytor will not suffer it to be so but puts by the Right Heir and gets possession himself the Laws and Constitutions allow him to be King yes marry and a Lawful King too i. e. the Crown goes in a Lineal Succession while people are peaceable and Obedient but if they be troublesome and rebellious it is catch as catch can and he had Right and Law on his side who gets Possession and so will another and another without end who can successively wrest the Possession from those who had the Right whilst they could keep Possession Did ever any Body hear of such a Constitution as this Or was any thing better fitted to produce eternal Confusions Certainly you have a mind to persuade us that our Constitutions were made by the Wise Men of Goatham or the Wiser Men of Bedlam T. B's 2d Lett. p. 19. Eucher You frequently use a suspicious Artifice of travesteering what cannot be plainly answered into farce and mishapen figures and then expose it in Ridicule By which however you call upon you the Sentence of the Psalmist What shall be done unto thee thou false Tongue Mighty and sharp Arrows with hot burning Coals For if I may be my own Paraphrast my Sense is that all Estates and Subjects are to their utmost obliged to preserve together the Sovereign and the Sovereignty and the established forms of Government according to the precise constitution of the Laws but if these be irresistibly overborn or the Sovereign abdicates all to Anarchy then it is Lawful for the Estates to settle under such Sovereigns as can be actually had for the time being till the old Rules can be fairly recovered which being positive must give place to a temporal necessity But did I ever say that Tyrants or Traytors getting into Possession by meer Force had Right and Law on their side No sure for they may break all Law Right and antecedent Rules of Obligation and yet the oppressed Estates may lawfully admit the Oppressive Power when it appears too formidable under prospects of further inevitable Ruins This I expresly and cautiously told you in these words * Sol. Ab. p. 5. And even an unjust Potentate tho' he cannot according to Legal Justice out a King against whom he hath no Legal Cause or right of War yet if he doth do so and the subject People cannot help it and he enforce himself on the People for a new King our Laws in this concur with the Laws and Practice of all Nations in allowing our Estates to determine for us in such Exigencies and the sin shall lie only on the injurious and not on them that submitted to an inevitable fate of things and again * Ibid. p. 6. Wars and victories are many times unjust yet they that suffer the wrong lawfully submit to the unlawful and injurious demand of Submission as in Piracies and other like Tyrannies And could such a Confessor for Conscience Truth and Piety put lying Senses on my words without any remorses or touches of Conscience More integrity was due and becoming such starched or sacred pretensions But I have well learned that Faction leavens the Soul not only with sowerness but with insincerity also But as I truly stated and have now explained the Nature and Duties of our Constitution I assert it a Fundamental Law to all Civil Societies except perhaps that pair of dissyllable Seigniories which you mention where the Politcks Logicks and Ethicks suit with your and where unless you 'll to the Antyceryae I must leave you And since all Kingdoms and Empires are by the just and adorable Counsels of Gods Providence subject to such various Turns of Fate all Princes that take Crowns upon them take them with the Laws of their fortune and a concession to the regular consequences of such Change under which they acquit the innocent Subjects under new submissions tho' they condemn and being reduced prosecuted all those that enforced the Change But as long as the Duties of Subjection are such as I have described intestine changes and disorders cannot arise from them And while Princes minister Justice and Judgment to their People and make their Prosperity the Royal Care they are seldom threatned with Commotions But yet it sometimes happens that for unsearchable tho' Just Reasons the Judgment of God permits the most innocent Princes to intestine as well as foreign troubles which yet however they that promote shall not escape Divine Vengeance And yet after the determination of such Wars it can be no sin to acquiesce under those forms of Settlement which our Estates can procure for the time being tho' different from the ordinary Course And there is no other Rule to recover the Civil Felicity of Nations but by these Principles which every Princely Spirit must be presumed to allow in equity and compassion to all his good Subjects to rescue them from utter extirpation or perpetual misery Dyscher At last you are willing to qualifie the matter and
Queen Mary upon her Fathers Abdication Now when you or your Prompters perform either of these Exploits then use your invective Powers even unto hoarsness but till then 't will not be prudent at the same time to be censorious rude and insincere too But I will not discourage you from going on I pray proceed in your Charge Dyscher When you had asserted that Extra-lineal Successors may in extra-ordinary Cases be Legal * Sol. Ab. p. 5. I pressed you to shew how he can be Legal that thrusts out the Legal King or Legal Successor And you strained a point to make him so But let us see your fine Art of proving Right Wrong and Wrong Right Your Discourse of Kings thrusting out Kings is a direct thrusting out Right and encouraging and justifying Ambitious Persons in embroyling the World in perpetual Wars and Confusions But I shall not expose it as it deserves because it is nothing to the purpose of a plain known Right and no Right T. B's 2d Lett. p. 21. Eucher Sir I think my self obliged to scrape a Leg once or twice to you for your eminent tenderness in exposing my designs in inverting the Characters of Right and Wrong But I pray what fouler exposition had you behind the Veil than this that I thrust out Right and animate men to embroil the World in Blood and Ruins If your Razor be tender yet you have a pretty close Hand which yet I am willing to bear considering that your Cause is in ipsâ acie novaculae But if I may expound your word Expose in your true sense it will signifie Answer and then on my Conscience you were in the Right of it For to answer it as it deserves is either to confute or confess it but you are not ingenious enough to do one and less ingenuous than to do the other But perhaps it was an inconsiderable piece of Impiety Let us see then what was this Draconick Incendiary Mormo of mine Why this verily * Sol. Ab. p. 5. One King by a Legal War may thrust out him that till he was thrust out was Legal King of his own People For the first offending Prince loses not his Sovereignty to the offended meerly by the offence till actually thrust out by the offended This I think is the general Law of the Trumpet and allowed for valid among all Nations But if you doubt let us refer the point to the French King whom You cannot suspect of Unfaithfulness to You or Your Cause But if the War be altogether Legal upon Offences that will warrant all the process of it till the Offender leaves his Dominions in the hands of the injured Conqueror a Just Change may follow here without justifying Illegal Wars and Rapins of unprovoked and injurious Powers Which tho' it be a Truth most clearly innocent yet a calumny was necessary to keep up the Ball and use a Talent But let this be I pray Sir how shew you that this is nothing to our purpose Dyscher If you would make a fair answer here you ought to give a direct Answer to this Question If a Person having really no Right doth disclaim any Right to a thing and by publick Declarations doth profess that he makes no Pretentions to it nor hath any Design to disturb another in his Right I say if this Person shall by ill Arts seize it doth this notwithstanding all his Protestations and Declarations to the contrary even against all Right and Reason create him a Right whether he will or no c. T. B's 2d Lett. p. 21. Eucher Here I confess you have taken a secure way to enclose my Answer to your side And as you have set the Question in learned light I answer to your Hearts content that such a Person shall hereby have no Right either with or against his will And to all such Questions I had given you a round and comprehensive Answer before to the same purpose tho' it so often escapes your notice belike for its inconsiderableness Yet it being a right Answer you shall have it in both Ears whether you will or no. And it was such * Sol. Ab. p. 5. And even an unjust Potentate tho' he cannot according to Legal Justice out a King against whom he hath no Legal Cause or Right of War yet if he doth so and the subject People cannot help it and he enforce himself upon the People for a new King our Laws in this concur with the Laws and Practices of all Nations in allowing our Estates to determin for us in such Exigences as is manifest in the long Contentions and many Turns between the Houses of York and Lancaster and the sin shall lie only on the injurious and not them that submitted to an inevitable fate of things And again * Sol. Ab. p. 6. Wars and Victories are many times unjust yet they that suffer the injury lawfully submit to the unlawful and injurious demand of Submission So that taking Right for a Title founded in real Justice no man really can have Right in the sight of God by a meer unjust Act or Acquisition And yet tho' the preparations to acquire new Kingdoms or Dominions be unjust if that very constituent Act which transfers the Possession does at the same time infringe no mans present and permanent Right such possession becomes Rightful But all this is nothing to the purpose For our Question is only of who or what is formally legal not what is in real honesty morally Rightful For all Possession which a man obtains by legal forms of Process either in War or Peace is formally and apparently Legal to all Civil Purposes and Constitutions tho' the Cause obtaining be far from being really and morally right And a man by legal Judgment may de facto be put into possession of what another man hath a real Right to so that the possessor shall have the Legal Form of Title in what is really anothers Due And in all such Cases all Affairs belonging to such Estate follow the Legal Tenure of the Possessor who is therefore in Law taken as bonae fidei possessor And even antecedently to Judgement quiet possession in a private Estate tho' slipt into by cunning Frauds and Artifices against which there is no Civil Law is taken by the Law for formally Legal till the Occupant loses it either by Art or Judgment Now all independent Persons and Princes that are subject to no Judicial Tribunal contend by War not Law and what they settle themselves in by the forms consequent upon War they have such a formal Title to as the Laws of War and Revolutions yield them and no other tho' whether Cause is just and consequently thereupon whose Possession is honestly rightful none can effectually judge but God amidst so many pretensions And in such Turns the Subject People must or may lawfully yield to the formal Titles or Fates of War since they are not authoritative Judges on the Causes or Rights of
Deliverance having forgotten that Compassion which I deeply have for all Royal Tragedies would be apt to make a jest of this and reply upon you that they have been served well enough in the first place before the Prince and Princess of Orange who are well enough served too and all as they deserve But I shall only observe your inconsiderateness of discourse in bringing in King James into the Catalogue of his own Heirs after his Cession upon which I said the Succession was not violently broken but altered by the consent of the next Heirs And this I think I may still defend without breach of modesty even tho' I should allow the proceedings of the Convention to have been violations of his Right For a violent Expulsion of a Possessor may consist with the true Succession of the next Reversioners But admitting the Cession or Abdication for real what need was there to solicit his further consent to our Establishments And for your Prince of Wales beside the doubt of the Nation concerning his Descent the late Queen brought him into a Cession before the Cession and Abdication of the King nor were there any Claims entred for him before the Convention and so he might be legally neglected for want of Claimer I know this has been charged on the Prince and the Convention for not admitting the Discussion of that Descent But I think no Law could oblige them to move it ex officio when he was absent and no Promoter appeared on his behalf But further to enquire into the Equity hereof if King James at the Prince's demand had called a Parliament that had been one of the Principal Articles to have been judicially determined by the Parliament between them But King James not calling a Parliament nor allowing the Convention power of Judgment herein there was no reason such a Question should be admitted there which if determined against King James and his Prince of Wales should not have concluded them but if given against the Princess of Orange should have confined and excluded her As to your politick stroke upon the Princess of Denmark I shall reflect no more than this that if she will permit you to the Conduct of her Counsels she is like to thrive mightily by it For you will advise her either to present flight or sedition only to make way for I know not what or how many new Princes of another Venter whose real Descent no one should ever know but the Men of the Mysteries Perhaps your Agents have laid the Seeds of Discontent between the two Princely Ladies already in order to form your other Projects but I hope that God that has hitherto preserved them in their natural Rights against all the Arts of those who would have illegitimated or intercepted their Sucession will still preserve her Royal Highness from the Snares you lay for her And since you have blurted out the Secret to the Publick she and the whole Kingdom have reason to take close notice of it Dyscher When we object the immoralities of these proceedings you tell us * Sol. Ab. p. 6. That the internal immorality of all Actions must be carefully distinguished from the Civil Consequences of them A Son say you by fraudulent Arts gets judgment in Law and seizes his Fathers Estate and Body by Execution and starves his Father in Prison this mans immorality is damnable Yet the Judges Sheriffs and other Officers are innocent It may be so while they act as Officers of Law and according to the directions of Law But if your Judges Sheriffs or other Officers join with and assist such a wicked Son or Daughter to effect such an Evil Act or do applaud and approve it when they know it be done by such wicked and unlawful Acts then their being Officers of Law will rather increase than diminish their Guilt T. B's 2d Lett. p. 23. Eucher Now all this I allow too whether done judicially or in forms of Law or no. But if it be done in private and not in Legal Forms it is nothing to our purpose or my objection But if the Judges sit in Judgment between the Father and the Son and very wickedly cast the Father in his Cause yet it being done in form of Law the Judgment will pass into such Execution as will be taken for formally legal tho' the Judgment be morally unjust and contract an heinous Guilt on the Conscience of the Judge So that still the Subject People are innocent in admitting the Acts of the Convention as Legal tho' really before God they had been Unrighteous Judges Yet because you herein sharpen a Dart against the King and Queen tho' I never intended my Objection to such a Reflection the Case you set is not parallel to ours For the Convention sate not in Judgment between the Father and Son and Daughter the Father not being subject in Law nor submitting his Cause to them but when the Father had left his Royal Estate the Prince calls them together to settle the forsaken State of the Kingdom which they did as it now stands And as this Judgment was in Form Legal and Authoritative so you cannot prove it immoral or injurious For as the Estates were not concerned to enquire into the temper of Spirit in the Contest between the Father and the Children toward each other which was not of Civil Cognizance so they debated only the Civil Purposes of King James's Actions and how the state of this Land might be legally and securely fixed after his Desertion in which they acted as Legal Judges and no otherwise What was done before or out of Convention by any of the Members and the inner motions and aims of particular mens minds there sitting during these agitations these are extrajudicial and so not chargeable on the whole Court as a Council of State as being no parts of their formal Determinations Dyscher So for your Robbers and Pirates a man may lawfully suffer by them tho' it were better if he could escape it But if you will plead that their Robberies and Piracies are lawful if you say they acquire a just Right to what they get by such wicked means or if you actually joyn with them and rob and share in their Booties you will be as very a Rogue as they and which is most like the Case I leave others to judge T. B's 2d Lett. p. 24. Eucher This it seems is your reply to what I said * Sol. Ab. p. 6. That Wars and Victories are many times unjust yet they that suffer the injury lawfully submit to the unlawful and injurious demand of Submission as in Piracies and other like Tyrannies And is not this a pretty Refutation of that Assertion to say that all that assert assist and share in Wrong are Rogues The reason of my instance was that such Pirates and Tyrants often seize on such as they have no Right of Dominion over and may perhaps threaten to torture or destroy them except they submit and contract
a perpetual Servitude by Oath or other forms of engagement which they under such Exigences may lawfully yield to And proportionably the Estates of any Nation may be thus pressed by an irresistible Prince and thereupon lawfully submit to that injurious Demand of such Prince Nay if any Prince and the fiduciary Council of any Nation concert to oppress the Subject People by an unjust demand of Submission they being not only in Fact but Legal Constition uncapable to resist may for the same reason contract Submission or Legal Allegiance when their former Lord hath left them without order to shift for themselves and acts not within his Sphere as heretofore For herein you do not injure him but save your self which he has no right in such cases to deny you And this at least is the Case of all those who have taken the Oath of New Allegiance without doing any thing else in the Revolution tho' the Prince and our Convention had really done King James and us wrong For we could neither in Right nor Fact oppose it for our Representatives and the Lords having determined upon the Nation we were inhabil to censure their Judgement and consequently to oppose or subvert what we had no Authority to condemn Dyscher Much such another instance is * Sol. Ab. p. 6 7. your Lord of a Mannor Let him look how he came to be so I may treat with him as Lord of the Mannor whom the Law declares to be so But if the Lords Tenants conspire against their lawful Landlord and dispossess him of his Mannor and invite a Stranger and say and swear he shall be Lord of the Mannor and accordingly pay Homage and Fealty to him Sir you may determine for their swearing and lying too if you please but I shall have nothing the better opinion of your honesty for it T. B's 2d Lett. p. 24. Eucher I observe two grand defects in this Reply One that 't is not supposably legal that all the Tenants in the Mannor can by Legal Forms of Judgment dispossess a Lawful and possess a wrong Person into the Lordship of a Mannor because these Tenants are not Judges in Law And any other violent and illegal Forms of Expulsion and Admission quadrate not with our Case But Secondly 'T is a very silly supposition and never any where exemplified in Fact that all the Tenants under a state of National Government should violently out a true and put in a wrong Landlord vi armis and swear and pay the wrong Possessor all the Duties of the Homage accustomed when the Lord that is in by Law will bring the strength of the Country to reduce them And Thirdly You cannot duly apply this to our present Case of Allegiance For all King James's Subjects did not concur to out him either violently or judicially nor consequently to bring in the Stranger which is the form in which you state the Case of Rebellious Tenants Otherwise however my parallel holds good that if a great many of the Tenants conspire with a Stranger and bribe the Judges to a corrupt Judgment against the old true Landlord who being thereby ejected the Stranger comes in by forms of Law I say still the rest innocent Tenants tho' conscious of the Wrong may swear Homage and Fealty to the New de facto Landlord And so here put the Case as you would have it at the worst that never so great a part of King James's Subjects had with the Prince of Orange actually conspired against him and made him fly and thereupon a National Court assembling to sit upon the Tenure of his Estate had been corrupted to give wrong Judgment against him for the Prince yet the form of Process being legal the innocent Subjects may or must take him for their Royal Landlord that is in by Forms of Law and swear him the customary Homage and Fealty But for the justice of that Judgment I have fully advocated already and so in this place shall have no need to make repetition Dyscher But let the Fifth Commandment look to it self for it was never so hardly beset You say * Sol. Ab. p. 7. That from the Fifth Commandment we cannot charge King William with subjection to King James c. But does a Nephew or a Son in Law owe no Duty if he owe not that which is properly called Subjection Or may a Man because he is not his Subject spoil another of all he has And must all persons applaud and approve the Act and swear he is in the Right T. B's 2d Lett. p. 25. Eucher Since I must bear the penance of answering your loose and impertinent Questions so often inculcated know you then that as to the point of Duty a Nephew owes an Uncle and a Son in Law owes his Father in Law Reverence on the account of those Relations if the Superior Relation loses not his Title to that Reverence by ill usage For if an Uncle shall misuse a Nephew or a Father in Law the Son in Law without Cause and will not fairly adjust or refer their differences upon demand the Nephew and Son in Law owe no respect at all for that such Uncle and Father in Law is worse than a stranger and a most unnatural Enemy And therefore the Nephew and Son in Law having not derived their Being Maintenance nor Education from the Uncle and Father in Law and being under no present dependence on them are free to vindicate their Gauses against such Uncle and Father in Law by those ways of defence that they are legally capable of either by Law Arbitration or War As for injustice you know I am no Advocate for it and therefore your Interrogation hereupon with your Reflection upon his Majesty is as invidious toward me as injurious towards his Majesty as I have before abundantly shewed Dyscher The Case of an own Daughter is still more severe but for that you say * Sol. Ab. p. 7. she is in Duty bound to follow her Husbands Fortune Order and Authority even against the Will of her Father and that with a more plenary consent if she judges her Husbands Cause to be just in it self But Sir I am not satisfied with your bare word that a Woman is thus bound to follow her Husband thro' thick and thin let her have a care how she becomes partner in his sins But doth the Duty of a Wife take away the Relation of a Child They may indeed limit each other so that the Father may not command the Daughter any thing inconsistent with the Duty of a Wife nor the Husband the Wife any thing inconsistent with the Duty of a Child to a Parent But yet the great end of these Relations is to strengthen and support and not to destroy each other Besides your Reason is a mistake in it self as to this Case for could you with all your tricks of Legerdemain remove both King James and the Prince of Wales out of the way then there
would arise another Relation and then he in these Dominions must follow her Fortunes not she his But to let this pass all that has been done is contrary to the Duties of those Relations which they were and are under by the Fifth Commandment T. B's 2d Lett. p. 25. Eucher But all this is but noise and shuffle For why had you not openly denied or yielded the truth of my Proposition that a Wife is to follow her Husbands Fortune Order and Authority against the will of her Father if she thinks her Husbands Case to be just For tho' you will say * These words I unawares omitted in the last Citation of T.B. This Judgment is not worth a Farthing except the Cause be just in it self Yet be it just or unjust she must act upon her own judgment of it And to what purpose have you such a care that she follow him not thro' thick and thin in his sins Did I ever assert that liberty to a Wife or to the Princess of Orange Do not I expresly except out of this Case * Sol. Ab. p. 7. all violations of all those Decencies that are yet notwithstanding her Marriage due by the Fifth Commandment to her Father which are consistent with her Husbands Rights and Interests and in her Rightful Power to perform But this was another inconsiderable which you in great sincerity have omitted that it might not justifie my piety to the Fifth Commandment and prevent all occasion of reproach But I think you are a very loose Casuist for a Wife between the Authorities of Husband and Father if you think that the Husbands Power limits the Wife only in those Commands of the Father that are in themselves inconsistent with the Duties of a Wife whether the Husbands prohibition intervene or no for except this be your meaning 't is nothing to the purpose nor against me For it is not the Husbands Power but the Law of God that binds the Wife from the violation of her Duties to her Husband as it does bind her to keep her Duties to her Parents and all other persons even Subjects that have no power over her But by your favour if a Father commands a Married Daughter in any indifferent thing importing in it self no ill to her Husband she has no absolute Authority to promise or do it but on grant or just presumption of her Husbands leave for if he forbid it at any time before it is done the Wives hands are in duty bound up from the performance and how faulty soever the Son in Law be in his perverse and needless inhibitions the Daughter is discharged of all Guilt in the non-compliance to her Fa-Father So that strictly speaking all Imperial Power meerly human is in things that in themselves are left at liberty by the Laws of God And now whether I have said any thing more or worse than this speak out without wrigling and subterfuge And yet to deal openly with you and piously I hope with the Laws of my Creator I think there is a great latitude of equity in this Fifth Commandment and that it consists not in a meer indivisible point nor is founded meerly in the Relation but the Causes and Designs of it by the Ordinance of God and Nature For Parents being Vice-Gods to their Children while under their Family and Dominion the more they Resemble God in their Offices of Piety especially toward God and their Children the more their Children are bound to honour them even when they are sent off from the House of their Parents to found new Families and to subsist freely by themselves For tho' the ties of proper subjection are then loosed yet the Duties of Honour still remain uncancelled But if the Parents recede from their Piety toward God the common and Supreamest Father of all the greater this impiety of Parents is the less Honour is due to them even from their own Children And I truly am of Opinion that if such Impiety grow up to perfect Atheism or Defiance of God from which all the long and tender Supplications of the Children cannot reduce them the Chidren are discharged from all the Offices of Personal Honour toward them tho' not of Pity and Compassion for them And upon this ground the Law of Moses does not exempt Enticers to Idolatry from the Vengeance even of the nearest Relations Deut. 13.6 to 11. If thy Brother the Son of thy Mother or thy Son or thy Daughter or the Wife of thy Bosom or thy Friend which is as thine own Soul entice thee saying Let us go and serve other Gods Thou shalt not consent unto him nor hearken unto him neither shall thine Eye pity him neither shalt thou spare neither shalt thou conceal him But thou shalt surely kill him thine Hand shall be first upon him to put him to death and afterward the Hand of all the People And thou shalt stone him with Stones that he die because he sought to thrust thee away from the Lord thy God c. So that all such Persons were by the Law of God looked on as a common Pestilence not to be honoured loved or cherished but destroyed by the nearest Relations Dyscher But Parents here being omitted out of this exact Catalogue of other Relations it shews them to be not within this Law and therefore that this Law does not derogate from the Honour due to Parents by the Fifth Commandment tho' they entice their Children to Idolatry the Reason being grounded on the Authority of Parents over Children which would be nulled if Children might prosecute this Law upon their Parents And for this Cause also by this Law the Wife is not required to destroy her Idolatrous Husband Eucher If you will literally interpret this Law only of the very Relations that are expressed than all other even less Relations will be exempt which is unreasonable But if you will argue a majori ad minus that if none of these Relations are exempt surely no less Relations ought to be judged discharged then the relation of Parents to Children being less than that of the Wife to the Husband and no greater than that of Children to Parents will be concluded within this Law Nor could their Natural Authority indemnifie them for all that was from and under God and was ipso facto forfeit whensoever they rejected God for Idols Otherwise such an exempted Authority of Parents must have been a Snare to the Children to draw them from the Lord their God or at least to restrain them from asserting their God impartially against all his Enemies And in the same Chapter Idolatrous Cities were to be utterly destroyed by all the rest of the People without regard to any Relations dwelling in them for when the Judgment of God was past upon them all Natural Relation and Authority ceased as to all consequent offices of Respect Love or Honour when the impious Apostates were convict and doomed to excision 'T is true indeed that Law being in its
penal sanction but positive local and judicial does not oblige us but the natural reason substrate thereto supposes and indicates all obligations of Duty from all Relations whatsoever forfeited by Atheism and avowed Irreligion And accordingly Asa dishonoured his Mother in devesting her of her Royal Dignity because she had made an Idol in a Grove 1 King 15.13 2 Chron. 15.16 Nor is this any breach of the Law of Nature but the observation of it for the Law of Nature being nothing else but pure Abstract Reason and Equity whatsoever is consonant to this Equity comports with the Laws of our Nature By these Laws the sins of Men-rescind their Rights in many benefits which had been due to them in a state of Innocency The Law of God requires us simply to honour all men it being the natural due of our beings framed after the Image of God and yet wicked and ungodly men are to be shunned as spots and blemishes by the Law of Nature and to be made Anathema by the Censure of the Church For the Foundation of all Authority whatsoever is God and all Obligations to all Duties Civil Moral and Religious are founded in him so that an avowed rejection of God puts men out of all claims of Authority which alone is originally Gods for a renunciation of God is an effectual renunciation of all just and real Authority whatsoever The Fifth Commandment therefore being not a meer positive Precept but a dictate of Natural Equity is interpretable to particular Acts according to the Rules of Equity and must concede to superiour and more important Obligations which will sometimes require us to hate Father and Mother that is to disregard their Commands and forsake their Persons to keep Gods Commandments Luke 14.26 If a Son be a King and the Father a Subject he must deal with his own Father as a Subject in Civil Causes nay as a Malefactor if necessity requires A Son is bound to defend even by the Sword if there be no other way his Wife and Children from the Sword of his Father and to save his Country by the Detection of his Fathers Treasons And many such Cases more there may be wherein intolerable wickedness on one hand and greater Obligations on the other cut off the Ties of Honour and Union between Parents and Children Husbands and Wives and all other Temporal Relations since what separates men from God may well disengage them one from another And to put a particular Case if a Prince marry a Kings Daughter and Heiress and the King after becomes suspected of an Imposture to pervert that Daughters inheritance and upon demand will not refer that doubt to the Arbitration of his own Senate but to elude the Hopes and just Expectations of his Son in Law Daughter and his own People in this and other momentous Concernments he puts all the Laws Liberties and Religion of his Kingdoms in a Course of Subversion and ruin under Arbitrary and Foreign Powers may not such a Son in Law endeavour to put a stop to these Measures and to force such a King to do right And is such Prince's Wife bound to oppose her Husband in these just Causes to abet her Fathers injustice and unnatural Impiety And if the Father being thus pressed by the Son in Law rather than do the justice demanded will fly for the succour of his injustice to another unjust King the Enemy of his People and in the mean time leave his Kingdom in Confusion which shall subject it more effectually to his Scourge upon his return with Foreign Forces may not such Prince and such Kings Daughter and a confused Nation unite and settle it against the ruins otherwise inevitable to them all For if Natural Ties sometimes give place to Civils of greater weight here surely is as fair and just an instance for it as well can be imagined or alledged out of History And that Civil Obligations of greater moment do preponderate against Natural you your self confess when you rightly say had not the constitution been for the time being lawfully altered the Crown coming to the Princess of Orange by meer Descent the Prince here must have been her Subject tho' by the Matrimonial Laws of Nature he is her Lord. It is indeed a melancholy Speculation when the impieties of such near Relations break off all the Natural Links of Duty and Union which must never be receded from as long as the Union is tolerable and consistent with Superior Obligations but of two Evils the least is always to be chosen and where two Offices are incompetible the more important is to be prosecuted And yet tho' this be lawful and necessary 't is sometimes a Tragical Scene under which even the Righteous Parties are to mourn and lament their infelicity in falling into such Straits and Temptations and are incessantly to pray that God would put a just and good End to the Disaster and in the mean time to make necessary Justice and Piety the only Rule and Reason of their Actions in such a State of Division and inevitable Contention And such being the form of the present Affairs if you needs will censure the Morals of your Sovereigns you ought to allow their Measures all the Charity the Case will bear which hitherto seems the Care of Gods Especial Providence for us And if it be so it is a dangerous thing to Curse whom the Lord hath Blessed But I have told you these things concern not us in our Civils and it is therefore best to leave things secret and above us unto God the Lord and Judge of all men But as to the Change it self it is an apparent delivery and blessing to the Nation in the best manner attainable by any means less than supernatural For a deliverance it is plain we needed which could never have been secured had King James continued undisturbed in his Reign Now if an unrelated Prince had desired to help us yet he had had no Civil Interests to have grounded a defence or rescue us from any Civil Laws or Laws of War Then the Sovereignty given to a Stranger had been a cutting off the Line Royal which neither Atwood or Johnson have * Since Johnson will give Richard Rich a Right yet asserted lawful by our Rules It would also have been a punishing the sins of the Father upon the Children and inevitably have involved us in intestine Wars Then again if the Princess of Orange had invaded her Fathers Kingdom and Crown by any Hostile Forms this would have looked more violent and unnatural and seems more than the Princely Lady in Temper or Duty could well or easily have attempted Time was before a calm and thorow consideration of things that matters seemed hard but I am now convinced that no other Person under Heaven could in human prospect be so proper a Redeemer as his present Majesty nor any Form of Settlement devised to fore-fend the Ruin of this Nation upon whose Strength the Security of
the Convocation in their Judgment were to yield to or oppose for 't is impossible but they must judge one or the other to be their Duty Now if they had been of opinion for the opposition this must have been done by Synodical Remonstrance if their Judgments was for the Submission then they were to break no Silence to the contrary Now then is not their actual Silence hereupon a legal token that they thought it their Duty to yield in Silence Except we will perversly judge them silent against the Dictates of their Conscience which if you will it will lye upon you to prove it out Whensoever things are brought into such a Strait that either Silence or Contradiction must become a Duty there Silence is as moral a Token of Consent as Contradiction is of Dissent And in all cases where either Assent or Dissent is inevitably requisite and the Rule is that all Dissents must be express and protested as the forms are in the Lord's House and process of Actions in the Civil Law there Silence in Law is taken for Consent But here is yet more the King had graciously conceded a liberty to the Convocation to propose their Grievances in order to his Royal Redress So that tho' they had no Civil or Legal Liberty to remonstrate against the Statute yet they had an opportunity to have presented an humble Supplication for a relaxing Expedient or a Temperament on just Security for the inoffensiveness of the suspended Yet neither did they think themselves obliged in Duty so much as to break Silence in this manner herein And must not the State then conclude that the Church by this Silence thought it fit to yield However I hope you do not think in good sadness that their Silence did signifie indignation scorn sullenness or denial to the State For 't is true in cases of request and contract Silence is no grant of a Proposal but Silence under a Law together with a consequent Obedience to the Precept thereof is an indubitable Token of Consent which was the Churches case here while silent in her Convocation and obedient in her Metropolitical and Diocesan Bodies So much then for Consent next for the Authority which you say is not asserted but betrayed by this Silence But neither here can I agree with you For as I never said that Silence asserts Authority so neither does it betray it For your instance from the Peers does not import a Right betrayed but only a Vote consented to by Silence and this confirms my Observation and refutes you For as the Silence of a Peer surrenders not his Peerage so neither does such Silence in the Church forfeit or vacate her Authority No tho' the Church had had Right to have entred the Parliament House with Votes and Protestations But suppose it for once that the Churches Silence had betrayed her Right see upon whom the Treachery must be most unfortunately charged Did the Lord Archbishop of Canterbury and his other Recusant Colleagues that had a legal Right of Session in the Lord's House enter and enter a Protestation against the Validity of that Act as wanting their and the Churches Suffrage or Synodical Concurrence No not a jot of this And yet they by their Station as well as Cause ought to have been the first in the Protestation which if they would not make for themselevs and the Churches Rights then according to you they are Proditors and so 't is unreasonable in them or you to require the Protestation of others less concerned or obliged by their Order Cause and Principles But the truth is we had no just Cause or legal Authority of making such Remonstrant Protestations and so our Silence is not perfidious but dutiful Now this being so clearly stated all your childish trifling upon French Subjects and Turkey Mutes is very idle and impertinent since Silence does not indeed import Authority against but Submission under Laws Yet even in these French and Turkish oppressions the Silence argues an opinion that they either in Duty or Prudence are to be silent and quietly submissive And this certainly was the Sense of our Saviour in his Silence when he was led as a Lamb to the Slaughter But to deal plainly these Instances pertain not to our present Case for here ours was Silence and obedient Submission to the Commands of the State the comporting with which in Silence is a Consent to and Comprobation of its Justice and is more than a meer silent Patience under unjust Oppressions So inartificial and improper is the Objection from these poor Mutes and Vassals Thirdly you assure me that Silence is no Deprivation No verily nor did I ever hear that it was But to intercept your hast whose Silence was I speaking of And to whom did I ascribe the Ecclesiastical Acts of Deprivation Why truly I spake of the Silence in Convocation as importing their Opinion that they ought not to oppose the Laws of the State But I never said that the Convocation did deprive the Deprived No surely they sate not at the time or on the Day of Deprivation But I told you before that the Ecclesiastical and Spiritual Acts of Deprivation consisted in the Metropolitical and Diocesan Alienations effected not by mere Silence but Canonical Acts and forms of procedure And now let us see whether my Memory hath failed me any more than my Cause I here assert the Silence of the Convocation but afterward told you * Sol. Ab. Pag. 34. that a Motion for a Petition was stifled in the Lower House of Convocation †T. B. Repeats it thus You tell us of a Motion in the lower House of Convocation but leaves out the word Stifled fraudulently tho' you clip my words on purpose to abuse me For a Motion may be stifled before it is offered by one that knows that it is intended to be made But however an actual Motion of one Member may consist with the Silence of the whole Body For if the Majority Vote Silence against the Motion for a Petition the Convocation is silent and silenceth all its Members as to the Petition it self tho' some brake Silence in the silenced Motion but keep it after thro' voluntary desistence or Canonical Order Now here in fact a Motion was offered by one excellent Person but upon the report then tendred to him of my Lord Archbishop Sancroft's request to the contrary he desisted in Silence tho' you however in this Conference have thus barbarously bespatter'd him when there was just reason for your Silence But however herein you own T. B. has a very contracted Memory too when †T. B. See Lett. Pag. 42. he endeavours to discredit the Story of this Motion so stifled on the said Report But you have one Argument that will confound me into Eternal Silence or Amazement namely that they that refused Dr. Tillotson for their Prolocutor would not have consented to have had him their Archbishop Well be it so what then Perhaps if
remind me of your own Principles and Senses I fear I shall fall into the Spirit of T. B. again and not use you very partially in some of my Reflexions Eucher I am sensible by experience of your infirmity And since good natur'd Men are sometimes passionate I know how to bear as well as to correct a little rudeness I pray good Brother let me know what 't is now that begins to provoke your choler Dyscher When you had spent a great many Arguments drawn out with much Pomp and Ostentation being basted in them you grow weary with strugling and fairly give up all and acknowledg that †Sol. ab pag. 27.29 an Act of State Christian cannot alone vacate a Spiritual Charge Charge by any Divine Law primitive Canon or Prescription This is as full as can be worded against the Power of the State to deprive Bishops Now see how you come about again in the very next words Yet such an Act received and admitted by the Church may from her concurrence have a just and legal Effect And then upon this Notion the Statute of Deprivation ipso facto must be taken as a Law upon the Church to reject the Recusants totally from their Stations Here you will not have the Deprivation to proceed from the Act of the State alone but to save some Honour to the Clergy you make their Deprivation valid by their Concurrence to the Act of Deprivation But I pray how did they concur Was it otherwise than by submitting to the Act when it was made And is such Submission any Authority I thought they had been quite different things Did the Clergy shew any signs or make any protestations for their Right viz. that the Act of Parliament for the Deprivation of the Bishops was not valid without their Concurrence No not a word but when it is done they submit to it and acknowledg it And you would make a Protestation against Fact that their Concurrence was necessary to it that themselves did not pretend nor dare they do it to this day It is certain the Parliament thought their own Authority sufficient to deprive the Bishops and did not ask or think they needed the Concurrence of the Clergy to make their Act valid On the contrary no Clergy-men have dared to dispute it but those who are deprived And for others to imagin to come in by their Concurrence into a share of the Authority is like the fly on a Wheel of the Chariot that thought he contributed to the dust that was raised for he too gave his concurrence It is possible such Men as you should not see how contemptible it renders them to pretend to an Authority they dare not avow And upon this Foundation to raise Arguments to justify their proceedings which they cannot maintain any other way For these Men to deny themselves to be Erastians or ever to name any Ecclesiastical Authority I had almost said to call them a Church Or to speak as †Sol. c. Ab. Pag. 29. you do that the Church ought not to admit Deprivations on improper or unreasonable Demands As if the Parliament did request it from the Convocation or left it to their admitting or not admitting As if they durst dispute the validity of an Act of Parliament for want of their Concurrence As if any of them durst let such a word come out of their Mouth Behold the Ghost the Echo of a Church c. M. S. Reflex and that the consent publick and actual Concurrence of the Church is necessary to give an Ecclesiastical Effect to Civil Ordinances in Matters of the Church Now this Concession overthrows your whole Cause and being placed after the main Body of your Arguments is it self an Argument that you had little faith in them So then our Bishops being never Canonically Deprived are the yet proper Bishops of their Sees But you come like a Spiritual Jugler and perswade us that this hath been Canonically done For the Church say you ought to empty the Sees of such Incumbents that are dangerous to the Civil State But Sir must the Church cast out her Bishops as oft as they will not comply with Vsurpers c. But you say this was done by Acts of Separation properly Ecclesiastical the Dean and Chapter of the Metropolitical Church taking the Jurisdiction till the Chapter elect and Bishops consecrate another But Sir you cannot but know that the Dean and Chapter have no Jurisdiction over their Metropolitane and the See must be vacant before they can proceed to Election T. B. Sect. Pag. 37.38 Eucher I have heard with much patience yea pleasure all your Noble strains of Rhetoric and need only say If I have spoken evil bare witness to the evil but if well why smitest thou me For if the Deprived assert the Churches Concurrence necessary to give Acts of State an Ecclesiastical Effect and I grant it what Cause have you to fly in my face for even that very Concession But for you to upbraid me with my Candour who are so heedless in attending to my words as to take or set them off in other Senses than rationally can be fixed on them in their clear account of this Concurrence is neither very courteous nor prudential Let us therefore again look over these oversights and see whether we can come again to our selves First then I never said that the Concurrence of the Church was necessary either to make an Act of Parliament or to make it valid in Ecclesiasticals and particularly in Acts of Deprivation But I admitted your Principle so far and no further that her Concurrence is necessary to give Statutes an Ecclesiastical Effect and Issue For an Act of Parliament may justly require of the Church some certain Ecclesiastical proceedings without any joynt Session or Consultation of the Church And such Acts shall be just and valid of themselves to oblige the Conscience of the Church to obedience or executive Concurrence As suppose an Act of Parliament repealing all the Statutes of Premunire which cramp the liberties of the Church in the Episcopal Successions and Synodical Consultations for a perfect reformation to a Primitive purity should consequently require our Bishops or Convocations to proceed upon such relaxation to provide and execute better rules of Discipline on the morals and duties of the Christian Church under their care and to renew the Commercium formatarum with foreign Churches for a general Restitution of Piety and Order to its Primitive State such a Law I think would valioly oblige the Church to Concurrence without which however actually given it could not have its Ecclesiastical Effect When King Joash commanded the Priests to employ the sacred Money to the reparation of the Lords House it was a valid command to oblige but while the Priests neglected it it had no Sacred effect 2 King 12. So when Moses spake unto Aaron Eleazar and Ithamar to eat the meat offering and heave shoulder according to set Rules the precept was very
none away nor made them break off from any just and due Spiritual Dependence on their former Bishops whose own heretical Doctrine and corrupt Ministrations had made the people cease from depending any longer in Conscience upon them They wanted only to be Lawfully empowered and regularly ordained themselves by Episcopal Imposition of hands as all those reformed Bishops plainly were and so were no Spiritual Intruders nor guilty of any Civil Vsurpation or Injustice But where Bishops are Orthodox and are deprived for their adherence to Truth and Righteousness both in their private Practice and Publick Ministrations the people are still left Spiritually to depend on them And so we our selves should have thought at least we all seem as if we should if by Gods Providence the Civil State had gone on to ddprive our reformed Bishops for sticking to the Doctrines and Worship of the Reformation and had set up Popish Bishops in their places c. Vide. Eucher This Doctrine of that learned Person must be admitted with a grain of Salt or else it will be very unwholesom and prove very convulsive in the Ecclesiastick Body For tho every single Christian is to abhor and defie all false Doctrine condemned by the unanimous Sense and suffrage of the Universal Church from Divine Authorities yet single Persons cannot distributively and alone reject their Bishops as not Bishops for heretical Opinions or corrupt Ministrations which the general Body and all Orders of the Church do not uniformly censure irregular and renounce their Authors except a just and regular Sentence pass in form against them When Churches are concorporated into Provincial and Diocesan Unions there must be some public conduct for the diffusive multitude to a due discussion of Principles in order to such Divorces Thus of old when grievances arose from suspected Bishops the people appealed to Synods to judge upon their Cause but in Cases notorious they addressed to other Churches Bishops and Synods to allow their necessary Rejection of their irregular Bishop and ordain them others And this usage was as common as useful till the Papal Usurpations rendred it impracticable in the Western Church and so necessitated extraordinary forms of reformation For here the Prince and the People and a great Body of the Clergy having an Ecclesiastical Cause of Controversie against the Marian Bishops unrelievable by any fair domestic or foreign Synod were forced upon the Notoriety of the Evil to use extraordinary measures of purgation not by rabble or incoherent Partitions but by a National Judgment in Parliament as a middle expedient as well against intestine Schisms as Romish abuses upon which discharge of Papal Tyranny a way was opened to that true and uniform Sense of true Religion which the whole emancipated Church presently received with a glad and chearful Uniformity which was a felicity however not atchievable by a loose unorganized Multitude Since then the whole People of this Land did in their National Senate Vindicate the pure Religion established in former Convocations from the Marian Bishops the enacted Deprivation was designed more against their Spiritual Conduct than their Temporal fortunes and the People followed that publick intention not their own private counsel in the reception of new Bishops and the models of reformation And herein such measures of prudence were observed which cannot be secured in a promiscuous multitude which I wonder that Author did not consider For a Priest is not immediatly upon dropping of an Error materially heretical to be taken by all at random for a formal and self-deprived heretic or Anathema but he must be previously heard and admonished and only upon incorrigible Obstinacy to be rejected with appeal unto God and an apology to all Churches or Spiritual Fathers unconcerned and untainted But then this is a Canonical form of exauctoration by the Church not a formal Self-deprivation otherwise upon this Authors Principle all the Hierarchy of the Romish Communion was long self-deprived before the Reformation and totally exauctorated and how then will he justify our Episcopal Succession For such ipso facto irregularities that are so in their own nature and not by mere Canonical Ordinance degrade as well as deprive from not only Order but Communion to which of old upon Penitence they were wont to be restored not as Priests but as Laymen for that such a fall was an ipso facto Degradation of Order in which there were to be no public Penitents But now if we make such Deprivation the Act of the Christian People as we must then it and all the previous process thereunto must be executed by some formed Session or Council for the Place and People concerned but for the whole People of this Land we have no Council but that of Parliament And here it must be noted that a Christian Parliament hath as much Spiritual Right against heretical Priests as the common Christian Multitude and if the Multitude may on such notorious Corruptions eject one and procure another Bishop even without the Consent of civil Powers according to this Authors Doctrine surely such Right much more belongs to the Christian Legislative to which the Care of Religion does by Divine Ordinances belong as well as to the Hierarchy and common Multitude which had a real need of their Counsel and Conduct in so great a Difficulty The People therefore in Parliament did their Part in the Ejection of the Marian Bishops and all the Chapters and other Ecclesiastical Orders sequaciously concurred and completed the Design of that Act in their Alienation from the condemned Recusants And tho' all this was done for refusing the Oath of Supremacy yet that Recusancy being grounded on false Principles in Religion and maintained in Defence of the Romish Usurpations and Corruptions the Statute of Deprivation had not only a civil Intention but Religious also and was received accordingly But all this while I find no Answer to that famous Passage quoted by me †Sol. and Ab. Pag. 32. out of Dr. Hammond's Tract of Schism tho' of so great Moment and of so great Strength to justifie such Statutes of Deprivation for the Security of the civil Government against Seducements and Seditions But if you would take my Counsel I would advise you not to lay the Cause of this Controversie in Points of Religion nor make common People the Judges of them for fear of a Snap that perhaps you are not aware of Dyscher What what do you mean I am a little startled at this Suggestion since we are where we were and have neither altered the old Doctrines nor the Practices they direct to Eucher Do not you remember that that great Man who wrote the Vindication of the Deprived Bishops vehemently argues †Vindic. of Depr Bish pag. 24.25 26 27. that not only Errors whether great or small but even unnecessary Truths become Heresies when they are made the Causes or Characters of different Communions And such all Principles and Rules of Christian Morals inforced on peril of Sin