AN APPEAL To all the True Members OF THE Church of England In behalf of the King 's Ecclesiastical Supremacy AS By Law Establish'd by our Convocations Approved and by our most Eminent Bishops and Clergy-Men Stated and Defended against both the Popish and Fanatical Opposers of it By WILLIAM WAKE D. D. and Chaplain in Ordinary to his Majesty LONDON Printed for Richard Sare at Grays-Inn-gate in Holborn MDCXCVIII TO The most Reverend Father in GOD THOMAS By Divine Providence Lord Archbishop of Canterbury Primate of all England and Metropolitan My LORD THIS Appeal which Addresses it self to Others for their Judgment Sues with all Humility to Your Grace for Your Protection and that such as I conceive is neither Unfit for me to Ask nor for Your Grace to Afford You will here see what that true Agreement is between the Priesthood and the Empire which our Laws have Establish'd our Convocations approv'd of and our Greatest Clergy-men hitherto defended without the Censure of Any but the profess'd Enemies of our Church and Constitution But now a New Sort of Disciplinarians are risen up from within our selves who seem to comply with the Government of the Church much upon the same account that Others do with that of the State not out of Conscience to their Duty or any Love they have for it but because it is the Establish'd Church and they cannot keep their Preferments without it They hate our Constitution and Revile all such as stand up in Good Earnest for it but for all that they resolve to hold fast to it and go on still to Subscribe and Rail IN Opposition either to the Errors or Designs of these Men the Present Appeal bespeaks Your Grace's Protection not so much for its self as for the Articles and Canons of our Church and for those Excellent Worthies who in their several Successions have appear'd in Defence of the King's Supremacy over the State Ecclesiastical as by Law declared and Establish'd That you will vouchsafe still to Continue to Own a Cause in which not only the Church of England but the Church Catholick ever since the Civil Powers have become Christian is concern'd together with her The Authority we plead for in behalf of our Kings being no Other than what the most famous Bishops and Councils of the Church have given to their Empeperors and who by consequence must All be involved in the same Censure with our Parliaments and Convocations And they who now Revile the One would as freely Condemn the Other but that they are sensible that many who are well content with the Reproach of King Henry VIII and his Clergy would not endure to hear the like Charges made against Constantine and Theodosius and those Bishops and Councils which all Christians in all Ages have been wont to pay so Great a Regard to THIS My LORD is the Cause which I here bring before Your Grace In the Defence whereof I have Once already been engaged and shall with God's Assistance again appear when those who now talk with such Confidence against my former Allegations shall give me Occasion to shew how just they were and how little in Reality there is to be excepted against them In the mean time I was willing for the better Discovery of these New-Reformers by this short preliminany Treatise to draw aside the Curtain and let the World see whose Off-spring they are and from whom they derive both their Principles and their Animosities against Us. I cannot but hope that by this I shall awaken all the Sincere Members of our Church to beware of them and not give Countenance to such Attempts as under a shew of bettering Our Constitution do in Reality tend to the Utter Subversion of it To Your Grace I submit both the Design and the Performance and with all possible Duty and Respect Remain My LORD Your Grace's Most Humble and Obedient Servant WILLIAM WAKE THE PREFACE WHEN I entred upon the Defence of the Kings Supremacy in Answer to the Letter to a Convocation Man I was not so little acquainted with the Tempers and Designs of a certain Party among us as not to know that my Undertaking would be likely to displease Those who think any the least Authority that is given to his present Maiesty to be an Encroachment either upon their Civil or Ecclesiastical Rights Nor was I unsensible what might possibly be reply'd to the Arguments which I brought in Proof of it The knowledge I had of what the Papists were wont to return to the like Allegations of our Writers against them having in some measure inform'd me what upon this Occasion might probably be said in Answer to Me. But to find my self charged as if in defending the Authority of the Prince I had betray'd the Rights of the Church and appear'd in such a Cause as neither became my Function nor had any of our Clergy ever before concern'd themselves withall this I confess was a perfect Surprise to me and abundantly Convinces me that some Mens Resentments are as much beyond Modesty as they are without Reason It cannot be unknown to any who is not an utter stranger to the History of our Reformation upon what Principles it was undertaken and at last happily setled among us How the Prince's Authority was both the Means by which it was carry'd on and the Ground on which we justify'd our selves in the doing of it And indeed at the first none but the Papists that is to say those who had engrossed this Power into their own Hands and could neither endure to part with it nor to submit to the Use which they saw we intended to make of it complain'd of what we did in restoring the Prince to his antient and undoubted Right or pretended to enter any Process against us upon the Account of it It is true some time after another Party how opposite soever to the Papists in other Matters yet in this too nearly Approaching to Them began to set up themselves and to claim the same Power in behalf of their Kirk that the Romanists had pretended to in Right of their Pope and Church But against Both these our Bishops and Clergy continued firm and costant and were by all impartial Judges allow'd to be as much Superiour to them Both in their Arguments as they were in the Justice of the Cause which they maintained Thus stood this Controversy till our Own times Insomuch that I hardly know any Author professing himself a Member of the Church of England who has either cast any Aspersion upon our first Reformers for restoring the Crown to its Antient Jurisdiction or pretended that the Divine Rights of the Church were in any wise violated or infringed by it But it seems the Case is very much altered now And it is of a suddain become an Encroachment not to be endured by our New-Church-Patriots for the King to pretend to lay any Restraint upon their Assemblies and an Enterprise unbecoming a Minister of the Gospel tho'
is a Party and the Appeal therefore is to stop at the Vpper House of Convocation I see no Reason why this Authority should not be reserved to the King and I conceive the Law of our Realm does allow of it 8thly As for the Dissolving of the Convocation that is so evidently a part of the Royal Jurisdiction and has been so fully adjudged to belong to the King that I do not see what Exceptions can be taken at it However the Constant Practice of our Convocations in this matter is on my Side And I have herein ascribed no Authority to the Prince but what our Clergy for above these Hundred and Fifty Years last past have constantly submitted to and by that Submission alone have sufficiently Vested in Him But if I am not mistaken in Point of Law what is it that deserves so Tragical an Outcry as this late Author has made against me Is it that being a Clergy-Man my self I appear'd in Defence of the King's Authority over the Clergy and which in some Mens Notion is the same thing as to say against the Rights of the Church So indeed the Convocation seem'd to think in the Case of Dr. Standish heretofore and so Some seem to account it now But God be thanked the Reformed Church of England never yet thought it any Offence in her Clergy to stand up for the just Rights of the Prince nor have I any Apprehension that I shall ever be Condemn'd upon this account by any True Members of Her Communion And for Others give me leave to ask only Am I the First of Our Order that have appear'd on this Occasion Or do I stand Alone in this Cause But what then shall we say of all those Learned Bishops and Clergy-Men whose Books I have here Quoted to the same Purpose Nay rather what shall we say of those whole Convocations who compiled our Articles and Canons And have Obliged us thereby not only Occasionally to Defend the Kings Supremacy but to the best of our Wit Learning and Knowledge publickly to Declare and Confirm it to our Congregations four times every Year If this be that for which I ought to be Censured I am afraid so great a part of our Order will go along with me as may make it even Scandalous to stay behind And be number'd among that Little Noisy Turbulent Party that now set themselves up as Judges over Us. But if both the Law be on my side and it be no improper Enterprize for a Clergy-Man to appear in What shall we say more Was the Time improper Did I take an Unseasonable Opportunity of Asserting this Authority Nay but this They should have consider'd who by appearing so Eagerly against the Princes Power over the Convocation made it absolutely Necessary for some or Other of our Church to do her Right and let the World know that she never Commission'd any of her Members to broach any such Principles on her Behalf That she is content to Act under the Royal Supremacy and is sensible that it is her Duty so to do That if some Hot Men for ought she knows her Enemies will under pretence of asserting such a Power to her as she has always disclaim'd endeavour to raise any Jealousies in the Mind of her Defender against her it is what she cannot help And she hopes she shall not be the worse Accounted of for such Attempts as she neither approves of nor knows how to Prevent And now there is but One thing more that can I think be Objected against my Undertaking And I shall lay it down in the Words in which it is Charged upon me For what if the Publick from such a Work inscribed to the Metropolitan should be tempted to proceed to further Resolves against the Powers Hierarchicall This I confess would be such a use of it as I should be heartily sorry for tho' even in such a Case I cannot tell whether I should ever the more deserve to be Censured for what I had done There can nothing be either so well Design'd or so carefully Perform'd of which an ill Use may not be made And if that should be Sufficient to cry down any Undertaking I do not see how we shall be able to Satisfie our Consciences in anything we have to do But in Reason I am sure the Church might have expected to suffer much more by the Letter to the Convocation Man than by the Answer which I made to it When Church-Men set up their Divine Rights in opposition to the Laws of their Country and upon Visionary Notions endeavour to lead Men into Discontents against their Governours it is Natural not to say Necesiary for Princes to look to themselves and consider how to stop those Attempts at the Beginning which Experience has shewn them may Otherwise in time grow too strong for Them It was the Intollerable Insolence and Vsurpations of the Roman Church that made her first Fear'd then Hated and at last crush'd the Hierarchic in many Places to peices And whatever Party shall think fit to pursue the same Methods ought in all Reason to expect the same Treatment If Clergy-Men will enjoy the Protection of Princes it is but Reasonable that they should be Content to acknowledge their Authority To contend for more Power than either Christ has left us or our Calling requires or the Bishops and Councils under the first Christian Emperours pretended to or desired is neither Prudent nor Justifyable It is to render the Church suspected by the State and to set those Powers in Opposition to which ought mutually to Help and Support One-Another I have before shewn what Opinion a very Learned Man upon this Ground had of the Act of Submission now so much railed at in these Days He look'd upon it as a Law of great Benefit to the Church even for this Reason alone that it freed the Civil Powers from entertaining any more Fears and Jealousies of the Clergy This was a Remark founded upon Good Reason as well as upon the Experience of those former Miscarriages which the Clergy had run into for want of such a Restraint And I cannot but every Day more and more acknowledge the Goodness of God towards our Church in that very thing for which some Men so Tragically lament the Oppression and Slavery of it Being fully Perswaded that nothing at this Day preserves us from Ruin and Desolation but that we have not Power of our selves to do the Church a Mischief and the Prince who sees but too much of our Tempers is too Gracious to Us and has too Great a Concern for the Churches Good to suffer Us to do it These are the Advantages which I look upon the Church to derive to her self from this Act. It prevents all Jealousies which either the Odd Principles the Violent Tempers Or the Wicked Designs of some Men might justly raise in the Minds of our Governours against us And frees them from all Temptation as well
impartial Reader to judge It is one of the ill Effects that commonly attend Controversial Writings that it is very Difficult to manage them either with that Temper and Ingenuity that becomes Scholars or with that Charity that good Christians ought to do And 't is this has given me almost as great a Disgust at them as ever Gregory Nazianzen profess'd himself to have against Synods and that almost upon the same Account Pride and Ill-Nature commonly Domineer in them and sometimes it so falls out that an Opponent must be freely dealt with or a good Cause must suffer in the Opinion of a great Many who conclude that a Man therefore only spares his Adversary because he could not get an Advantage against him How far I have fallen under this Censure in the Management of the present Controversy I must submit it to others to judge but do hope I have not so far Transgress'd as this late Author charges me to have done As for the Logick Law and History of the Person I had to deal with What it really is I pretend not to say What it appear'd to me to be my Book has shewn And if I have any where fail'd in my Allegations against him this Gentleman no doubt will take care to call me to Account for it But Honesty is a tender Point and I do not remember I have any where touch'd upon it 'T is true I have shewn what was indeed too plain to be deny'd that whosoever he were that Wrote that Pamphlet he could be no Friend to our present Establishment And this I am sure was to my Purpose to observe how little so ever it was to his to have it so plainly Discover'd However if in any thing I have been Mistaken in my Judgment either of his Affections of his Abilities I am heartily sorry for it and shall be ready to submit to whatsoever Pennance his most Vpright Logical Historical Second shall from his better skill in Antiquity and the Laws of our Church think fit to lay upon me for it THE CONTENTS INtroduction § 1. The Design of the following Treatise viz. To shew what has been the Sense of the Church of England ever since the Reformation as to the Authority of Christian Princes over the Ecclesiastical Synods of their Realms § 2. The Substance of the 25 H. 8. c. 19. to this Purpose § 3. Of its Repeal by Q. Mary and Revival by Q. Elizabeth § 4. That the Authority therein given to the King is no Other than what did always of Right belong to the Crown § 5. That it was to secure this Authority the Oath of Supremacy was framed § 6. The present Obligation of which is enquired into Ibid. That the same Authority is agreed to in the 37th Article § 7. The Sense of which is shewn Ib. And the Nature of that Subscription we make to those Articles consider'd § 8. And is yet more fully enjoin'd by the Canons of 1603. § 9. Which ipso facto Excommunicate all those who Impugn this Supremacy § 10. II. This Supremacy Confirm'd from the Sense of our Divines and Others ever since the Reformation § 11. Of the Times of K. H. 8. K. Edw. 6. and Q. Mary 1. § 12. Queen ELIZABETH The Judgment of her Self and her Parliament § 13. Of all her first Bishops § 14. Of Archbishop Whitgift § 15. Archbishop Bancroft § 16. Bishop Jewel § 17. Bishop Bilson § 18. Dr. 〈◊〉 § 19. Mr. Hooker § 20. King JAMES 1. Of the Revival of the Dispute concerning the Supremacy under this King § 21. The Judgment of the King himself Ib. And Of B. Andrews § 22. Against the Papists Of the Controversy which the King had on this Subject with the Scotch Ministers § 23. Vpon this Occasion B. Andrews Judgment more fully declared § 24. Which was also the Sense of the Rest of the Clergy at that time § 25. Particularly of our Learned Mason § 26. King CHARLES I. The Judgment of these Times more particularly shewn § 27. From the Sense of the King himself § 28. Of his Bishops especially A. B. Laud § 29. And of the whole Convocation 1640 § 30. The Judgment of A. B. Bramhall § 31. Bishop Davenant § 32. and Dr. Heylin § 33. King CHARLES II. The State of the Parliament and Convocation in 1660 consider'd How far this shews the same Sense to have continued of the Supremacy that had all along obtain'd before § 34. This farther shewn from the Opinion of Bishop Taylor § 35. B. S. Parker § 36. Dr. Falkner § 37. Dr. Barrow § 38. III. Vpon this Foundation an Appeal is here made to all the True Members of our Church against those who now Oppose this Authority § 39. And it is farther shewn That I have not been mistaken in Point of Law § 39. That the Cause was not unbecoming a Clergy Man to appear in § 40. That the time was not improper for the handling of it § 41. That it is not probable the Church will Suffer by what I have done but may by their Fury who oppose me in this Point § 42. The Close § 43. AN APPEAL To all the True Members OF THE Church of England c. AFTER an Age and half 's Dispute with those of the Church of Rome in Defence of the King's Supremacy and of the Laws that have been made for the Establishment of it it cannot but seem a little strange to Us to be Now call'd upon to begin the Controversy again with some among our selves who would be thought the Best if not the only True Members of the Church of England But that which seems yet more amazing is that tho' our Laws subsist in the same State which they have been in ever since the Reformation Our Articles and Canons made in pursuance of those Laws continue firm and unrepealed Tho' the Books that have been written by our Bishops and Clergy in defence of Both are not only not Censured but are Read Approved and Received on all hands as delivering the undoubted Sense of our Church and Convocations as well as of our Princes and Parliaments with relation to this matter it should now nevertheless be thought a Crime to assert the Supremacy of the Christian Magistrate and a Scandal for a Clergy-Man more especially to appear in behalf of that Cause by defending whereof so much Honour has been gain'd by the greatest Writers of that Order heretofore Had we now to do with the same Adversaries that those Learned Men were engaged with Were the Persons who in Our days set up against the Rights of the Prince either open Romanists on the one hand or avowed Members of the Kirk and Consistory on the Other we should the less wonder either at the Principles which they Advance or the Zeal with which they appear in Favour of them But to be Summon'd by Members of our Own Communion to defend the Doctrine of our Own Canons and Articles to be rail'd at as little better than
in behalf of the Prince by this Great Champion of our Church in his accurate and solid Treatise upon the same Subject Such was the Opinion of Dean Nowell nor does Mr. Hooker come at all behind him The Antient Imperial Law says he forbiddeth such Assemblies as the Emperor's Authority did not cause to be made Before Emperors became Christians the Church had never any General Synod their greatest Meetings consisting of Bishops and Others the gravest in Each Province As for the Civil Governor's Authority it suffered them only as things not Regarded or not accounted of at such times as it did suffer them So that what Right a Christian King hath as touching Assemblies of that kind we are not Able to judge till we come to later Times when Religion had won the Hearts of the Higher Powers Constantine was not only the First that ever did Call any General Council together but even the first that devised the Calling of them for Consultation about the Business of God After He had Once given the Example his Successors a long time follow'd the same Touching that Supremacy of Power which our Kings have in the Case of making Laws it resteth principally in the Strength of a Negative Voice which not to give them were to deny them that Without which they were Kings only by a meer Title and not in Exercise of Dominion If it be demanded by what Right from Constantine downwards the Christian Emperors did so far intermeddle in the Church's Affairs either we must herein condemn them as being over-presumptuously bold or else Judge that by a Law which is termed Regia that is to say Royal the People having derived unto their Emperors their whole Power for making Laws what matter soever they did concern As Imperial Dignity endow'd them with competent Authority and Power to make Laws for Religion so they were thought by Christianity to Vse their Power being Christians unto the Benefit of the Church of Christ. Was there any Christian Bishop in the World which did then judge this Repugnant unto that Dutiful Subjection which Christians owe to the Pastors of their Souls Wherefore of them which in this Point attribute most to the Clergy I would demand What Evidence there is whereby it may clearly be shew'd that in Antient Kingdoms Christian any Canon devised by the Clergy alone in their Synods whether Provincial National or General hath by meer force of their Agreement taken place as a Law making all Men constrainable to be Obedient thereunto without any Other Approbation from the King before or afterwards Required in that behalf And this shall suffice for the Reign of this Great and Wise Queen I shall make no Apology for taking these last Quotations out of that part of Mr. Hooker's Works which are not of Equal Authority with the Books publish'd by himself in his Life time There being so much of Mr. Hooker's Stile and Reason in them as makes me undoubtedly conclude that as they are they proceeded from Him And those who are supposed to have interpolated these Books were never charged with turning things to the Advantage of Sovereign Authority So that if any Changes or Omissions should have happened in this Place it must have been to the Disadvantage not to the Interest of the Cause before Us. But I shall be content to take his Opinion as it still is left to Us and is sufficiently contrary to that wild Notion of Chruch Power which is now again set on foot tho' by another sort of Men in Pretence at least among us KING JAMES I. We have before seen how the Oath of Supremacy fram'd in the beginning of the Reign of Queen Elizabeth set the Pens of those of that Age on Work in discussing the Authority of the Christian Prince in Causes and over Persons Ecclesiastical It was not very long after the coming of King James into England before another Oath again Revived the same Controversy and set the most Learned Men of the Church of Rome upon a fresh Opposition of the Royal Authority Among those who on our side appeared in Defence of it as no one began sooner so is there none that ought to be rather taken notice of by Us than the King himself who with Good Learning as well as with a Stile becoming a Prince solemnly asserted his own Royal Rights and Jurisdiction And first In his Apology for the Oath of Allegeance we have his Opinion plainly deliver'd in several Points relating to our present Disquisition Answerably to the Fathers spake the Councils in their Decrees As the Council of Arles submitting the whole Council to the Emperour in these Words These things we have Decreed to be presented to our Lord the Emperour beseeching his Clemency that if we have done less than we ought it may be supplied by his Wisdom if any thing otherwise than Reason requireth it may be Corrected by his Judgment if any thing be found Fault with by Us with Reason it may be Perfected by his Aid with Gods favourable Assistance But why should I speak of Charles the Great to whom not One Council but Six several Councils Frankford Arles Tours Chalons Mentz and Rhemes did wholly Submit themselves And not rather speak of all the General Councils that of Nice Constantinople Ephesus Calcedon and the four others commonly so Reputed which did submit themselves to the Emperours Wisdom and Piety in all things Insomuch as that of Ephesus repeated it four several times That they were Summon'd by the Emperour 's Oracle beck charge and command and betook themselves to his Godliness beseeching him that the Decrees made against Nestorius and his Followers might by his Power have their full Force and Validitie And in his Defence of the Right of Kings He thus confirms the same Principles It is willingly granted that Emperours never challenged never arrogated to be Sovereign Judges in Controversies of Doctrine and Faith Nevertheless it is clearer than the Suns light at high Noon that for Moderation at Synods for Determinations and Orders establish'd in Councils and for the Discipline of the Church they have made a good and full Use of their Imperial Authority The first Council held at Constantinople bears this Title or Inscription The Dedication of the Holy Synod to the most Religious Emperour Theodsius the Great to whose Will and Pleasure they have Submitted these Canons by them address'd and establish'd in Council And there also they beseech the Emperour to Confirm and Approve the said Canons The like hath been done by the Council of Trullo by whom the Canons of the fifth and sixth Councils were put forth and Publish'd This was not done because Emperours took upon them to be Infallible Judges of Doctrine but only that Emperours might see and judge whether Bishops who feel the Prick of Ambition as other Men do did propound nothing in their Convocations and Consultations but most of all in their Determinations to undermine the Emperours
Authority to disturb the Tranquility of the Common-wealth and to cross the Determinations of Precedent Councils Now to take the Cognizance of such Matters out of the Kings Hand or Power what is it but even to Transform the King into a Standing Image yea to bring him down to this Basest Condition to become only an Executioner and which I scorn to Speak the unhappy Hangman of the Clergies Will The King having thus asserted the Authority of Christian Princes in this particular was soon Assaulted by those of the other Party Cardinal Bellarmine at that time accounted one of the most Learned Controvertists of the Church of Rome first under the Name of Tortus fell with great Bitterness upon him To him his Majesty scoring to reply Bishop Andrews took the Cause upon himself and with Great Spirit and Judgment replied to him So that here then in these two we may expect to see what is to be said on either side upon this Subject As for the Cardinals Opinion I am not concern'd to take any Notice of it But that which the Bishop asserts and with great Force of Reason and Evidence of Antiquity defends is to this Effect That Kings have Power both to call Synods and to Confirm them and to do all Other things which the Emperours heretofore diligently did do and which the Bishops of those Times willingly acknowledged of Right to belong to them And 1st That to Christian Princes belongs the Sole Right of calling Synods he proves from the History of the General Councils that were assembled under them p. 165. And from the Examples of those which were afterwards held under Charles the Emperour p. 164. 2dly That having Assembled them they have a Right of Inspecting and Examining of Approving or Rejecting their Acts He likewise shews p. 162 164. You know says the Bishop how Constantine wrote to the Synod of Tyre All you as many as made up the Synod of Tyre hasten without delay to come to Us and shew us truly how sincerely and rightly ye have Judged p. 173. He adds 3dly That they may come to and make a part of the Synod This he proves p. 174. And then p. 176. thus Sums up the Royal Authority Put this says he together The King assembles the Synod the Synod presumes to do nothing without his Knowledge The King commits the whole Affair to their Power They by vertue of his Princely Command proceed to do what was needful to be done I might easily Confirm this same Opinion both of the King and Bishop with the Concurrent Authority of Burhil Tooker and some Others who were afterwards engaged in the same Controversy But I must not enlarge upon this Subject having so much more yet to observe both of this King and this Bishop upon another Occasion as to the Points under Debate The King being Dissatisfied with the Proceedings of the Presbyterian Ministers in Scotland for holding a Generally Assembly at Aberdeen contrary to his Command sent for a certain Number of the most Eminent of them to come up to him to London and satisfy him in some Things in which he thought he had just reason of Complaint against them To these Ministers after other things Transacted with them he deliver'd three Quaeres relating to his Authority in Ecclesiastical Matters and demanded their several Answers to them The Second of these Questions and from which we may sufficiently conclude what Opinion his Majesty had of his own Royal Supremacy was this Whether they acknowledge his Majesty by the Authority of his Prerogative Royal as a Christian King to have lawful and full Power to Convocate Prorogate and cause desert upon just and necessare Causes known to him the Assemblies of the Kirk within his Majesties Dominions How they trifled with his Majesty in their Answer to these Questions as well as in all the other Affairs about which they had been sent for is neither material to my Purpose to shew and may at large be seen in the Histories here Referr'd to by me That which I have further to observe is that during the Course of this Transaction the King caused four of his English Bishops on certain Days appointed to them to Preach before him at Hampton-Court and Commanded the Scotch Ministers to be present at their Sermons The third of these turns fell upon our learned Andrews at that time Bishop of Chichester whose Subject assign'd him by the King was to prove the Power of Princes in Convocating Synods and Councils In order whereunto he first laid down these two Points 1. That when the Prince calls the Clergy are to meet And 2. That they are not to meet of Themselves unless he call them The Proof of these Points he thus pursues 1st From the Law of God p. 104. 105. confirm'd by the Law of Nature and Nations p. 106. And 2dly From Matter of Fact Before Christ From Moses to the Macchabee's in the Jewish Church p. 106 107. After Christ From Constantine till a Thousand Years after Christ 1 By General Councils 2 By National and Provincial Councils assembled 3 Under Emperours and 4 Kings by the space of many Hundred Years p. 108. This is the Substance of his Sermon and from which I shall proceed to extract some part of what he says in the Prosecution of most of the Heads before laid down 1st In Speaking of the Law of Nations he has this Remark The Law of Nations in this Point might easily appear if time would suffer both in their General Order for Convocations so to be called and in their General Opposing all Conventicles called Otherwise Verily the Heathen Laws made all such Assemblies Vnlawful which the highest Authority did not cause to meet yea tho' they were Sub praetextu Religionis say the Roman Laws Neither did the Christian Emperours think fit to abate any thing of that Right nay they took more straight Order 2dly Concluding his Account of the Jewish State he has these Words Thus from Moses to the Maccabees we see in whose Hands this Power was And what should I say more There was in all God 's People no One Religious King but this Power he Practised And there was of all God 's Prophets no One that ever interposed any Prohibition against it What shall we say then Were all these wrong Shall we condemn them all Yet to this we are come now that either we must condemn them All the One after Another the Kings as Usurpers for taking on them to use more Power than ever orderly they Received the Prophets for soothers of them in that their unjust Claim Or else confess that they did no more than they might and exceeded not therein the Bounds of their Calling And indeed that we must Confess for that is the Truth 3dly In treating of General Councils he thus Speaks of that of Nice At Nice there were together 318 Bishops the Lights of the whole World the
a Right to give its Establishment to such Constitutions and the Ecclesiastical Officers as Subjects are bound to apply Themselves thereto for the Obtaining of it The calling of Councils so far as is needful for the Preservation of the Peace and Order of the Church may be perform'd as the former by Ecclesiastical Officers where the Civil disowneth the Church But this being no particular Exercise of the Power of the Keys but only of a general Authority doth peculiarly belong to the Prince or Supreme Governour if he will make use thereof The antient Right and Exercise of the Authority of Kings in Summoning Provincial or National Councils is sufficiently observed and asserted by P. de Marca But indeed he himself in his 5th Chapter abundantly Demonstrates both that and all the rest that is Contended for in the present Dispute And the Heads of which are such as these That the antient Emperours had Power to Call Councils p. 156 158 159 161 165 170 To be present at Them p. 157 160. And by Themselves or their Deputies to Preside in Them p. 162 167 170. To direct them what they should Consult about p. 157 163 170. To appoint the Time and Place of their Meeting p. 166 170. To keep the Bishops from leaving the Council till all should be Finish'd for which it was Called p. 163. To Confirm what they do aright p. 157 160 161 164 169 170. To Rescind what they do amiss p. 163. To Suspend their Acts from taking Effect till they should give way to it p. 165. These are the Instances which may be observed in that Chapter of the Jurisdiction and Authority which the antient Emperours Exercised over their Synods heretofore And by which we are to Expound as our Church has taught Us the Supremacy of our Own Princes in the like Cases I shall conclude what I have to observe from this Learned Writer with a Remark which I wish some Men would be perswaded a little more seriously to Consider p. 204. Some things which at first Sight may seem an Abatement of the Authority of the Church is rather such a way of Regulating the Exercise of its Power as under Religious Princes is for the Churches Advantage Of this Nature I conceive that Constitution of the 25 H. VIII that No new Canons shall be Enacted Promulged or Executed without the Royal Assent and Licence to Enact Promulge and Execute the same For hereby the Cergy give such Security to the King against all jealousies of Renew'd Ecclesiastical Usurpations that thereupon the Church may under the Kings Favour and with the Assurance of greater Safety and Protection practise upon its Establish'd Constitutions which are so Good that we have great Reason to bless God for them And hereupon it may also be hoped that what shall be farther needful may be Super-added by the Royal Licence and become more Effectual to its End by the Confirmation of that Authority There is yet One Author more who must not be pass'd by Our Learned and Accurate Dr. Barrow And a better than whom I could not have desired to close up this Collection withall In his Treatise of the Vnity of the Church a Discourse which would some Men more diligently Read and more judiciously Consider they would not talk so loosely as they do on that Subject He gives Us this Account of the State of the Church in the times Immediately after Christ. Each Church did Seperately Order its Own Affairs without Recourse to Others except for Charitable Advice or Relief in Cases of extraordinary Difficulty or urgent Need. Each Church was Endow'd with a perfect Liberty and a full Authority without Dependence or Subordination to Others to govern its Own Members to manage its Own Affiairs to Decide Controversies and Causes Incident among themselves without allowing Appeals or rendring Accounts to Others It is true that the Bishops of several Adjacent Churches did use to meet upon Emergencies to consult and conclude upon Expedients for attaining such Ends as they met for This probably they did at first in a Free Way without Rule according to Occasion as Prudence Suggested But afterwards by Confederation and Consent these Conventions were formed into Method and Regulated by certain Orders establish'd by Consent whence did arise an Ecclesiastical Unity of Government within certain Precincts Hence every Bishop or Pastor was conceived to have a double Relation or Capacity One towards his Own Flock another towards the Whole Flock Of Councils he thus delivers his Opinion General Councils are Extraordinary Arbitrary Prudential Means of restoring Truth Peace Order Discipline During a long time the Church wanted Them Afterwards had them but Rarely and since the Breach between the Oriental and Western Churches for many Centuries there hath been none The first General Councils indeed All were Congregated by Emperours their Congregation dependeth on the Permission and Pleasure of Secular Powers and in all Equity should do so And in his most Elaborate Treatise of the Popes Supremacy The most Just and Pious Emperours who did bear greatest Love to the Clergy did call them without Scruple It was deem'd their Right to do it none did Remonstrate against their Practise The same he shews of National and Provincial Councils p. 186 c. To these they Summon'd the Bishops in a Peremptory Manner and directed both the Time and Place of their Meeting The Popes petition'd them to Call Councils and sometimes they Prevailed and sometimes they did not This Power upon many just Accounts peculiarly doth belong to Princes It suiteth to the Dignity of their State It appertaineth to their Duty They are most Able to Discharge it They alone can well cause the Expences needful for holding Synods to be Exacted and Defray'd They alone can Protect Them can maintain Order and Peace in Them can procure Observance to their Determinations They alone have a Sword to Restrain Resty and Refractory Persons To oblige them to Convene to Conferr Peaceably to Agree to Observe what is Setled It inseperably doth belong to Sovereigns in the General Assemblies of their States to Preside and Moderate Affairs proposing what they Judge fit to be Consulted or Debated stopping what seemeth unfit to be moved keeping Proceedings within Order and Rule and steering them to a Good Issue Checking Disorders and Irregularities which the Distemper or Indiscretion of any Persons may create in Deliberations or Disputes This therefore he shews the Emperours to have done in all the first Synods The Word Presidency hath an Ambiguity It may be taken for a Priviledge of Praecedence or for Authority to Govern things This latter kind of Presidency was disposed of by the Emperour as he saw Reason The Power of Enacting and Dispensing with Ecclesiastical Laws touching Exteriour Discipline did of Old belong to the Emperour And it was Reasonable that it should By many Laws and Instances it appeareth that Appellations have
been made to the Emperours in the Greatest Causes So the Donatists did Appeal to Constantine Athanasius and the AEgyptian Bishops to the same Priscillianus to Maximus Idacius to Gratian. III. And here I shall put an End to these Collections It would have been a very easie Matter to have added many more Authors than I have here Alledged and to have much Enlarged upon those which I have Produced But what is already done may Suffice till those who now Advance the Contrary Opinion shall be able at least to make some Tolerable Proof that they do not forsake the Received Doctrine of our Church in Opposing an Authority by Law confessedly Establish'd And I think no less Confirm'd by our Articles and Canons too It remains now that I take the Liberty freely to APPEAL to every Sincere Member of Our Communion to Judge in this Case between Me and Those who so warmly Oppose me and so highly Charge me upon this Occasion And to consider what I have done with Relation to the Rights and Liberties of the Church of England for which I ought to Humble my selfe before God and to make a Satisfaction to Her Is it that I have Asserted the King's Authority over the Ecclesiastical Synods of this Church and Realm But so the Laws speak as well as I And to these both the Articles and Canons of the Church require me to Conform Nay they do more they Require me not only to Conform my self but to do what in me lies to move All Others to the Observance of them And if for this I must be Censured these Laws and Canons must run the same Fate with Me. And I shall always account it an Honour to Suffer for Asserting the Laws of the Realm and for maintaining the Doctrine and Constitutions of the Church of England Or is it that I have gone beyond the Bounds of the Law and given a Greater and more General Authority to the Christian Prince than either the Submission of the Clergy or the Act of King Henry the VIIIth founded thereupon have declared to belong to Him This for ought I know I may have done and yet not be Guilty of any Fault neither in the doing of it I have before said and do here again Repeat it with the same Assurance I at first delivered it That I do not found the Right of our Kings to this Jurisdiction either upon that or upon any Other Act that has been made in pursuance of it I fix it upon the Right of Sovereignty in General and upon that Antient Jurisdiction in Causes Ecclesiastical which the very Statute of Queen Elizabeth speaks of and allows to have been always of Right belonging to the Imperial Crown of this Realm To this our Laws themselves agree They speak still of Restoring to the Crown its Antient Rights and our Lawyers have accordingly constantly Affirm'd that these Acts and particularly that which we are here especially concern'd in the 1 Eliz. c. 1. was not Introductory of a New Law but Declaratory of the Old And therefore before I can justly be condemn'd upon this account my Proofs must be Answer'd and it must be shewn that what I ascribe to the King is not a parcel of that Jurisdiction which was once enjoy'd by the Kings and Princes of this Realm and did Always of Right belong to them And that I believe it will be no easie Matter to do 1st I affirm that it is the Right of every Christian King to Call his Clergy together in Convocation and that without his Call they cannot Regularly Assemble to any such purpose of themselves But so our Law expresly declares that the Convocation shall Evermore be Called by the King 's Writ And it is Notorious to Every One who has any Knowledge in these Matters how dangerous it would be for the Clergy to presume to come together without it 2dly I Assert that the very Persons who meet in Our Convocations are Determined and Empower'd by the King 's Writ and that none have a Right to Assemble but such as he Calls by it Let the Writs of Summons be Examined and let it there be seen whether the Case be not so as I pretend it to be Let this Author tell me if he can why such and such Dignitaries are required personally to come to the Convocation Others to send such a certain Number of Delegates to Represent them but that the Writ of Summons so Directs so Authorizes them to do And tho' I do not suppose it to be now in the King's Power to alter this Form yet the Sovereign Legislative Authority may without Controversy do it and appoint any Other Method of Framing the Lower House of Convocation that should appear to them to be more Proper and Expedient 3dly I declare that by Our Law the Convocation can deliberate on No Canons or Constitutions without first Obtaining the King's Licence so to do It is the express Resolution of the Act of Submission And our Convocations do accordingly notoriously Govern their Proceedings by it 4thly I add That heretofore the Christian Emperors prescribed to their Synods the very Method they should observe in handling the Matters which lay before them This indeed I affirm and I think I have proved it too And if to this End Our King should think fit either Himself to Come or to Appoint any Other to Preside in his Stead and Direct the Debates of our Synods as he should Command them to do I do not see that he would therein do any more than what some of the best Christian Princes have done before him 5thly I pretend that to the Civil Magistrate it belongs to Confirm or Annihilate such of the Acts of their Synods as they think fit Our Laws agree to it Our Kings claim it Our Convocations submit to and approve of it And let those who scruple this consider how low they sink the Authority of a Prince if they leave him not the Power which every ordinary Person claims of Judging for Himself but would oblige him at a venture to Confirm whatsoever the Lords of the Consistory shall please to Define 6thly That the Prince may Alter their Constitutions I no otherwise affirm than as I say it is in his Power to make Laws in Matters Ecclesiastical And that for the doing of this He may Advise with his Clergy and follow their Counsel so far as he approves of it Thus Charles the Emperor made up his Capitular And thus any Other Sovereign Prince may take the Canons of the Church and form them in such Wise into an Ecclesiastical Law as he thinks will be most for the Honour of God and the Good of his People 7thly In Cases of Appeals I shew what Power the Antient Emperors both Claim'd and Exercised And I modestly Vindicate to our Own Sovereign the same Authority which the Fathers of the Church without all Scruple allow'd to their Princes And except it be in such Cases where the King